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

(Continued)

 

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.