Energy West Development, Inc.

Original Volume No. 1

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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective

Second Revised Sheet No. 50 Second Revised Sheet No. 50

Superseding: First Revised Sheet No. 50

 

General Terms and Conditions

 

 

12.5 Prior Period Adjustments.

 

(a) Prior period adjustment time limits should be six (6) Months from date of the

initial Transportation invoice and seven (7) Months from date of initial sales

invoice with a three (3) Month rebuttal period, excluding government-required

rate changes. This standard shall not apply in the case of deliberate omission or

misrepresentation of mutual mistake of fact. Parties' other statutory or

contractual rights shall not otherwise be diminished by this standard.

 

12.6 Remedies For Nonpayment.

 

(a) Charge for Late Payment: Should Shipper fail to pay any or all of the amount of

any bill as herein provided when such amount is due, Shipper shall pay a Charge

for Late Payment which shall be included by Transporter on the next regular

monthly bill rendered to Shipper.

 

Such Charge for Late Payment shall be determined by multiplying (a) the unpaid

portion of the bill, by (b) the ratio of the number of days from the due date to

the date of actual payment to 365, by (c) the applicable rate of interest

calculated in accordance with Section 154.67 of the Commission's Regulations or

any successor regulation.

 

(b) Suspension of Service: If such failure to pay continues for 30 days after

payment is due, Transporter, in addition to any other remedy it may have under

the Transportation Service Agreement, may suspend further Transportation of Gas

until such amount is paid; provided, however, that Transporter shall notify

Shipper in writing 20 days prior to such suspension that continued failure to pay

will result in suspension of service.

 

(c) Termination of Contract: If such default continues for 30 days following the

suspension of service Transporter may thereafter, in addition to any other remedy

it may have under the Transportation Service Agreement, terminate said contract;

provided, however, that Transporter shall notify Shipper in writing 20 days prior

to such action that continued failure to pay will result in termination of said

contract.

 

(d) Adjustment of Underpayment and/or Overpayment:

 

If it shall be found that at any time or times Shipper has been overcharged or

undercharged in any form whatsoever under the provisions of the Transportation

Service Agreement and Shipper shall have actually paid the bills containing such

overcharge or undercharge, then within 30 days after the final determination

thereof, Transporter shall refund the amount of any such overcharge, and Shipper

shall pay the amount of any such undercharge; provided, however, that interest

calculated in accordance with Section 12.6(a) of the General Terms and Conditions

of this Tariff shall apply to any undercharge not paid and to any overcharge not

returned within 30 days from the date of Transporter's notification to Shipper of

the amount of the undercharge or overcharge. In the event an error is discovered

by Shipper in the amount billed in any statement rendered by Transporter, such

error shall be adjusted within 30 days of the final determination.