Northern Natural Gas Company

Fifth Revised Volume No. 1

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Effective Date: 04/17/2010, Docket: RP10-502-000, Status: Effective

Fifth Revised Sheet No. 215 Fifth Revised Sheet No. 215

Superseding: Fourth Revised Sheet No. 215

 

GENERAL TERMS AND CONDITIONS

 

failure on the part of either shall be due to force majeure as

defined in Section 10 "FORCE MAJEURE" in these GENERAL TERMS AND

CONDITIONS, provided, such party shall promptly and diligently take

such action as may be necessary and practicable under the then

existing circumstances to remove the cause of failure and resume the

delivery or receipt of gas, as the case may be, provided, however,

that neither Northern nor the Shipper shall be relieved of liability

to the other for any damages or expense caused or contributed to by

its own negligence when such negligence on its part shall be the

proximate cause of its failure to deliver or receive gas, as the case

may be. If failure to deliver or receive gas is caused by negligence

on the part of Northern, then Northern shall offer to credit

reservation charges to the Shipper during such failure.

 

8. BILLING AND PAYMENT

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For purposes of this Section 8, all references to "day" shall be

deemed to mean "billing day" and all references to "month" shall be

deemed to mean "billing month".

 

Each month, Northern shall submit to Shipper a statement and billing

for the demand/reservation/capacity charge portion of actual services

rendered during the preceding month. Additionally, Northern shall

submit to Shipper, or its Designee, a separate statement and billing

for the commodity portion of actual services rendered during the

preceding month, if available. If actual measurement data is not available

within five (5) business days after the end of the production month, then

billing will be based on the best available measurement data and corrected

as a prior period adjustment in a subsequent month. Quantities at points

where OBAs exist should be invoiced based on scheduled quantities. The

statements and billings shall be rendered on or before the 9th Business

Day after the end of the production month. The term "rendered" shall

mean postmarked, time-stamped or delivered to the designated site. Shipper

shall pay to Northern the amount shown as due by such billing within ten

(10) days of the issuance of such billings in immediately available U.S.

funds at a depository designated by Northern. When paying the original

invoice, the Shipper shall have the right to adjust its payment relative to

imbalance cash in/out amounts to reflect its imbalance resolution elections

pursuant to Section 32 of the GENERAL TERMS AND CONDITIONS of this tariff.

Checks received in Northern's designated depository at least two (2)

business days before the invoice due date will be considered to be

immediately available funds on the due date. When the due date falls on a

day that the designated depository is not open in the normal course of

business to receive the Shipper's payment, the Shipper shall cause such

payment to be made on or before the first business day on which the

designated depository is open after such due date. Shipper shall submit

supporting documentation with any payment. Shipper shall identify invoice

number(s) on all payments. The party making the payment shall submit

supporting documentation; the party receiving the payment shall apply the

payment per the supporting documentation provided by the paying party; and

if the payment differs from the invoiced amount, remittance detail shall be

provided with the payment except when payment is made by electronic funds

transfer (EFT), in which case, the remittance detail is due within two

Business Days of the payment date.

 

Each month, Northern shall also provide Shipper with a detailed monthly

Statement of Account. Such Statement of Account shall indicate any

outstanding amounts billed during the current month. Upon request, Northern

will provide a statement showing the outstanding cumulative account

activity.