Midwestern Gas Transmission Company

SECOND REVISED VOLUME NO. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 06/01/1997, Docket: RP97- 59-002, Status: Effective

First Revised Sheet No. 71 First Revised Sheet No. 71 : Effective

Superseding: Original Sheet No. 71

 

 

GENERAL TERMS AND CONDITIONS

 

has provided Shipper and the FERC with at least fifteen (15) days notice that

service will terminate due to the non-payment, Transporter, 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 Shipper in

good faith shall dispute the amount of any such invoice or part thereof and shall

pay to Transporter 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

Transporter shall furnish good and sufficient surety bond, guaranteeing payment to

Transporter 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 Transporter shall not be entitled to terminate the

service agreement until default is made on the conditions of such bond; provided

further that should Shipper prevail on the dispute, Transporter shall reimburse

Shipper for the cost of the surety bond.

 

3. Adjustment of underpayment overpayment, or error in invoicing: If it shall be

found that at any time Shipper has been overcharged or undercharged in any form

whatsoever under the provisions of this Tariff, or a gas service agreement and

Shipper shall have actually paid the invoice containing such overcharge or

undercharge, then within thirty days after the final determination thereof,

Transporter shall refund the amount of such overcharge and Shipper shall pay the

amount of any such undercharge; provided, however, that interest calculated in

accord with Section 2 of this Article VI 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 Transporter is

made, which claim shall include documentation of the error, such 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 Shipper or Transporter, 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.

 

VII. POSSESSION OF GAS

 

Unless otherwise provided in the service agreement or applicable Rate Schedule, as

between Transporter and Shipper, Shipper shall be deemed to be in exclusive control and

possession of the gas to be transported (i) prior to receipt by Transporter at the

Receipt Point(s), (ii) after receipt by Transporter, when the gas is in the custody of

Shipper or Shipper's designee for separation, processing or other handling, and (iii)

after delivery by Transporter at the Delivery Point(s);