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. 149 Original Sheet No. 149
GENERAL TERMS AND CONDITIONS
10.3 Adjustment of Billing Errors. If it shall be found that at any time
or times Shipper has been overcharged or undercharged in any form whatsoever
under this Section 10 and Shipper has actually paid the bills containing such
overcharge or undercharge, Transporter shall refund the amount of any such
overcharge or Shipper shall pay the amount of any such undercharge within 30
days after final determination of such amounts. In the event an error is
discovered in the amount billed in any statement rendered by Transporter,
such error shall be adjusted within 30 days of Transporter's determination
thereof, provided that claim therefore shall have been made within 30 days
from the date of discovery of such error but in any event within 6 months
from the date of such statement with a 3 month rebuttal period. These time
limitations shall not apply in cases of FERC required rate changes, to
deliberate omissions, to misrepresentations or mutual mistake of fact.
Neither Shipper's nor Transporter's other statutory or contractual rights
shall be diminished by this provision.
10.4 Suspension or Termination for Nonpayment. If Shipper under any Rate
Schedule becomes delinquent by 10 days in the payment of any invoice, and has
not invoked the provisions of Section 10.2(d) above, Transporter will provide
written notice of such delinquency and Shipper shall provide adequate
assurance of payment to Transporter as provided for in Section 3.9(c) of the
General Terms and Conditions. Transporter's written notice will also provide
that Shipper's service will be suspended within thirty (30) days of such
notice if adequate assurance of payment is not provided within the time frame
set forth in Section 3.9(c). If Shipper does not, within the thirty (30) day
notification period, pay the invoice together with accrued interest, or does
not provide adequate assurance of payment in accordance with the provisions
of Section 3.9(c) of the General Terms and Conditions, Transporter, in
addition to any other remedies it may have, may suspend service to Shipper.
In addition, Transporter may commence termination of service procedures by
sending written notice to Shipper and the Commission informing Shipper and
the Commission that Shipper's service will be terminated in thirty (30) days
from the suspension date if adequate assurance of payment is not provided.
Termination of the Service Agreement shall not excuse payments of the amounts
then due or any other existing obligation of Shipper. Transporter shall not
be entitled to suspend service or terminate Shipper's Service Agreement
pending resolution of an invoice disputed in good faith by Shipper if Shipper
complies with the provisions of paragraph 10.2(d) above.