Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 08/01/2007, Docket: RP07-490-000, Status: Effective

Eighth Revised Sheet No. 22 Eighth Revised Sheet No. 22 : Effective

Superseding: Seventh Revised Sheet No. 22

 

GENERAL TERMS AND CONDITIONS

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(continued)

 

9.3 Payment

 

Shipper shall pay Transporter on or before the tenth (10th) day subsequent to receipt of the Section

9.1 e-mail notification. If the day that a payment is otherwise due and payable falls on a non-

banking day (such as Saturday, Sunday or a legal holiday), the payment shall become due and payable

on the closest banking day that succeeds such day. All payments by Shipper to Transporter shall be

made in United States dollars by electronic transfer directed to a bank account designated by

Transporter, or in such other manner as may from time to time be agreed upon.

 

Shipper should submit supporting documentation with payment and also identify invoice number(s) on

all payments. Transporter will apply payment per supporting documentation provided by the Shipper

and if payment differs from invoiced amount, remittance detail should be provided with the payment,

except when payment is made by electronic funds transfer, in which case the remittance detail is due

within two business days of the payment due date.

 

9.4 Failure to Pay

 

Should Shipper fail to pay all of the amount of any statement as herein provided when that amount is

due, interest on the unpaid portion of the bill shall accrue at the rate set forth in Section 154.501

of the Commission's Regulations, from the due date until the date of payment. Transporter may, on a

not unduly discriminatory basis, exercise its right to waive accrual of interest on any unpaid

portion. Transporter shall have the right, pursuant to Subsection 26.2 (E) of the General Terms and

Conditions of this FERC Gas Tariff, Second Revised Volume No. 1, to suspend or terminate service to

Shipper in addition to any other remedy Transporter may have hereunder. However, if Shipper, in good

faith, disputes the amount of any bill or part thereof and: i) promptly pays to Transporter the

undisputed amount, and ii) furnishes to Transporter a good and sufficient surety bond in an amount,

and with surety satisfactory to Transporter, or provides other assurance acceptable to Transporter

guaranteeing payment to Transporter of the amount ultimately found due upon the bill after a final

determination that may be reached either by agreement or by judgment of the courts, as may be the

case, then Transporter shall not be entitled to automatically suspend service under the Agreement

unless and until default be made in the conditions of the bond or other assurance. If: (i) it is

determined that Transporter is incorrect and also at fault with regard to the billing dispute and

(ii) the Shipper has furnished a surety bond to avoid the suspension of service under the Agreement,

then Transporter shall reimburse Shipper up to the reasonable and customary cost of the surety bond

provided.

 

 

9.5 Adjustment of Billing Errors

 

Subject to the provisions of Section 7.5, if it shall be found that at any time or times Shipper has

been overcharged or undercharged in any form and Shipper shall have actually paid the bills

containing the overcharge or undercharge, then within thirty (30) days after the final determination

thereof, either Transporter shall refund the amount of any overcharge or Shipper shall pay the amount

of any such undercharge. If an error is discovered in the amount billed in any statement rendered by

Transporter, the error shall be adjusted within thirty (30) days of the determination thereof,

provided that claim therefor shall be made within thirty (30) days from the date of discovery of such

error, but in any event within six (6) months from the date of such statement (the initial

transportation invoice) with a three (3) month rebuttal period. The six (6) month limitation shall

not apply in the case of deliberate omission or misrepresentation or mutual mistake of fact.

Notwithstanding the foregoing, parties' other statutory or contractual rights shall not otherwise be

diminished by the procedures described in this section. If the parties are unable to agree on the

adjustment of any claimed error, then any legal proceedings shall be commenced by either of the

parties within fifteen (15) months after the supposed cause of action is alleged to have arisen, or

shall thereafter be forever barred. Transporter shall retain billing records for no less than three

(3) years.