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Second Revised Sheet No. 50 Second Revised Sheet No. 50 : Superseded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.