Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 12/31/2004, Docket: RP05-139-001, Status: Effective
Third Revised Sheet No. 236 Third Revised Sheet No. 236 : Effective
Superseding: Second Revised Sheet No. 236
GENERAL TERMS AND CONDITIONS
6. PAYMENTS (Continued)
6.2 Remedies for Non-Payment
Should Customer fail to pay the entire amount of any invoice as herein provided
when such amount is due, interest on the unpaid portion of such amount shall
accrue at the rate of interest set forth in Section 154.501(d) of FERC's
regulations from the date when the payment was due until the date payment is
made. Interest applicable to such bill will be invoiced to Customer, pursuant
to Section 5 of General Terms and Conditions, to the extent that the amount of
interest is $25 or more.
If any portion of an amount so paid to Company by Customer is finally
determined to be repayable to Customer, Company shall pay or credit such amount
to Customer, together with interest thereon computed at the rate of interest
set forth in Section 154.501(d) of FERC's regulations and accrued from the date
payment thereof was made by Customer to Company to the date payment or credit
thereof is made by Company.
If such failure to pay continues for thirty (30) days after payment is due and
Company has provided Customer and the FERC with thirty (30) days notice that
service will terminate due to the non-payment, Company, in addition to any
other remedy it may have under the gas service agreement, may terminate the
service agreement according to its terms; provided, however, that if Customer
in good faith shall dispute the amount of any such invoice or part thereof and
shall pay to Company such amounts as it concedes to be correct in addition to
providing such remittance detail and documentation identifying the basis for
the dispute; and at any time within thirty (30) days after a demand made by
Company, shall furnish good and sufficient surety bond, guaranteeing payment to
Company of the amount ultimately found due upon such invoices after a final
determination, which may be reached either by agreement or judgment of the
courts, as may be the case, then Company shall not be entitled to terminate the
service agreement until default is made on the conditions of such bond;
provided further that should Customer prevail on the dispute, Company shall
reimburse Customer for the cost of the surety bond.
6.3 Billing Error
If it shall be found that at any time Customer has been overcharged or
undercharged in any form whatsoever under the provisions of this Tariff, or a
gas service agreement and Customer shall have actually paid the invoice
containing such overcharge or undercharge, then within thirty days after the
final determination thereof, Company shall refund the amount of such overcharge
and Customer shall pay the amount of any such undercharge; provided, however,
that interest calculated in accordance with Subsection 6.2 above shall apply to
any overcharge or undercharge not paid or refunded within thirty days from the
date of the determination of the amount of the undercharge or overcharge.
If a claim for an adjustment of the amount invoiced in any statement rendered
by Company is made, such claim shall include documentation of the error, and
the error shall be adjusted within thirty (30) days of the determination
thereof; provided that any claim for an adjustment must be made no later than
six months from the date the invoice to which the claimed error pertains was
rendered unless (i) the parties mutually agree otherwise or (ii) the claimed
error is the result of a deliberate omission or misrepresentation by either
party or a mutual mistake of fact. In all cases in which a claim for an
adjustment is made, the Customer or Company, as applicable has 90 days to
dispute the claimed adjustment. In the case of adjustment claims made under
(i) or (ii) above, the period for resolving adjustments will be tolled until
the claimed adjustment is settled.