Michigan Gas Storage Company
First Revised Volume No 1
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Effective Date: 06/01/1997, Docket: RP97-152-003, Status: Effective
Second Revised Sheet No. 50 Second Revised Sheet No. 50 : Superseded
Superseding: First Revised Sheet No. 50
GENERAL TERMS AND CONDITIONS
(continued)
6.3 Adjustment of Billing Errors
If it shall be found that at any time or times Shipper
has been overcharged or undercharged due to an error in
allocated quantities or rate billed in any statement
rendered by Transporter other than government required
rate changes, and Shipper shall have actually paid the
bills containing such overcharge or undercharge, then
within thirty (30) Days after the final determination
thereof, either Transporter shall refund the amount of
any such overcharge or Shipper shall pay the amount of
any such undercharge. In the event an error is
discovered in the amount billed in any statement rendered
by Transporter, such error shall be adjusted within
thirty (30) Days of the determination thereof. Prior
period adjustment time limits should be six (6) months
from the date of the initial transportation invoice and
seven (7) months from date of initial sales invoice with
a three (3) month rebuttal period, excluding government-
required rate changes. This standard shall not apply in
the case of deliberate omission or misrepresentation or
mutual mistake of fact. If the parties are unable to
agree on the adjustment of any claimed error, any resort
by either of the parties to legal proceedings shall be
commenced within fifteen (15) Months after the supposed
cause of action is alleged to have arisen, or shall
thereafter be forever barred.
In the event that an error is found in the measured
quantity, such error shall be adjusted within thirty (30)
days after the final determination thereof, provided that
claim shall have been made in writing within six (6)
Months from the applicable Month. The party to whom the
adjustment applies shall have three (3) Months for
rebuttal. This timeline shall not apply in the case of
deliberate omission or misrepresentation or mutual
mistake of fact.
Parties' other statutory or contractual rights shall not
otherwise be diminished by this standard.
7. POSSESSION OF GAS
7.1 Responsibility for Gas
Upon receiving delivery of Gas to be transported at the
Point of Receipt, Transporter shall be in exclusive
control and possession of such Gas and responsible for
any loss thereof, or any injury or damage caused thereby,
until the same have been delivered for the account of
Shipper at the Point of Delivery after which Shipper
shall be in exclusive control and possession of such Gas
and responsible for any injury or damage caused thereby.