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.