Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 12/22/2008, Docket: CP98-150-011, Status: Effective
Original Sheet No. 148 Original Sheet No. 148
GENERAL TERMS AND CONDITIONS
(Continued)
such payments shall be considered to have been made on the date when
Transporter has use of said funds. Notwithstanding the foregoing, a Shipper
whose monthly statement total amount due is less than $50,000.00 may elect to
make payment by check which shall be sent by U.S. Mail, First Class delivery
and postmarked on or before the twentieth day of the month. All payments
shall be identified by invoice number and, if a payment differs from the
invoiced amount, remittance detail shall be provided with the payment.
Payment will be applied in accordance with the remittance detail.
(b) If rendering of a bill by Transporter is delayed after the
tenth day following the date of the final monthly meter reading, then the
time of payment shall be extended by the same number of days unless Shipper
is responsible for such delay.
(c) Should Shipper fail to pay all of the amount of any bill as
herein provided, interest on the unpaid portion of such bill shall be
computed at the rate set forth in Section 154.501 of the Commission's
Regulations, prorated for the number of days from the due date of payment
until the actual date of payment.
(d) If Shipper in good faith disputes the amount of any such bill
or part thereof, Transporter shall not be entitled to suspend further
delivery of gas if (i) Shipper pays to Transporter such amounts as it
concedes to be correct and provides written documentation as to the basis for
the dispute; (ii) within 30 days of a demand made by Transporter, Shipper
furnishes good and sufficient surety bond in an amount and with surety
satisfactory to Transporter; (iii) such surety bond guarantees payment to
Transporter of the amount ultimately found due upon such bill, plus accrued
interest, upon a final determination by agreement or by judgment of the
courts; and (iv) Shipper does not default on the conditions of such bond. If
Shipper (i) has complied with all of the requirements in the immediately
preceding sentence; (ii) prevails on the merits of such dispute concerning
such bill by reason of a final determination by agreement or by judgment of
the courts; and (iii) makes payment to Transporter in accordance with such
final determination, then Transporter shall reimburse Shipper for the
reasonable premium cost incurred by Shipper in obtaining such surety bond
upon Transporter's receipt from Shipper of the documentation of such premium
cost.