Kern River Gas Transmission Company
Second Revised Volume No. 1
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Effective Date: 08/01/2009, Docket: RP09-723-000, Status: Effective
Fifth Revised Sheet No. 94 Fifth Revised Sheet No. 94
Superseding: Substitute Fourth Revised Sheet No. 94
. GENERAL TERMS AND CONDITIONS .
(Continued)
5. INVOICING AND PAYMENT (Continued)
5.4 Correction of Invoicing Errors. In the event an error is
discovered in any invoice rendered by Transporter, Shipper must
contest such amount in writing within six months from the date
that the invoice was rendered, otherwise the invoice will be
deemed correct. Transporter will correct any invoicing errors
(after a rebuttal period of three months or less) within thirty
(30) days of the date that Shipper and Transporter agree that an
invoicing error occurred.
5.5 Failure to Pay Invoices. Should Shipper fail to pay any of the
amount of any invoice when such amount is due, unless such failure
to pay is the result of Transporter's error, Shipper will pay a
late charge which will be added to the next regular monthly
invoice rendered to Shipper under this Section 5; provided,
however that no invoice will be issued if the amount owed is for
late charges only and the total amount is less than $25.00. Such
late charge will be determined by multiplying (a) the unpaid
portion of the invoice by (b) the ratio of the number of days from
the due date to the date of actual payment to 365, and (c) the
annual interest rate as determined in accordance with 18 C.F.R.
Section 154.501(d)(1) or any successor provision of the FERC's
Regulations. If such failure to pay continues for thirty (30)
days after payment is due, Transporter, in addition to any other
remedy it may have under the Transportation Service Agreement, may
suspend Transportation service until the full amount of all
outstanding invoices, including interest applicable thereto, is
paid; provided, however, that Transporter will provide Shipper
with a minimum of five (5) days' notice before service is
suspended. Transporter will suspend a Shipper's reservation
charges while that Shipper's service is suspended. Transporter may
also permanently terminate Transportation service; provided,
however, that Transporter will provide both Shipper and the
Commission with a minimum of thirty (30) days' notice before
service is terminated. Notices to suspend and/or terminate
service may be provided on or after the date payment is due if
shipper fails to make payment in full on or before that date.
Transporter will not be entitled to suspend further delivery of
Gas if Shipper in good faith (a) disputes the amount of any such
invoice or part thereof in writing; (b) pays the Transporter such
amounts as it concedes to be correct; and provides documentation
identifying the basis for the dispute.