Panther Interstate Pipeline Energy, L.L.C.

Original Volume No. 1

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Effective Date: 02/01/2004, Docket: CP03-338-001, Status: Effective

Original Sheet No. 41 Original Sheet No. 41 : Effective

 

10.5 Adjustment of Underpayment, Overpayment or Error in Billing: If

it shall be found within six months of the date on which the

invoice was rendered that a Shipper has been overcharged or

undercharged in any form whatsoever under the provisions of this

Tariff or the transportation service agreement for the services

covered by such invoice and Shipper shall have actually paid the

invoices containing such overcharge or undercharge, then within

thirty (30) days after the final determination thereof, which

shall be no later than ninety (90) days from the date which the

claim for adjustment was made, Transporter shall refund the amount

of such overcharge and Shipper shall pay the amount of any such

undercharge; provided, however, if the overcharge or undercharge

is the result of a deliberate omission or misrepresentation by

either party or a mutual mistake of fact, then the period for

resolving adjustments is tolled until the claimed adjustment is

settled. Interest calculated in accord with Section 10.4 above

shall apply to any overcharge or undercharge not paid or refunded

within thirty (30) days from the date of the determination of the

amount of the undercharge or overcharge.

 

10.6 Imposition of Penalties and Crediting of Net Penalty Revenues

 

(a) Transporter will not assess a penalty in circumstances where

the imposition of such penalty is not necessary to protect

the operational integrity of the system and/or Transporter's

ability to render reliable service.

 

(b) One hundred percent (100%) of all net penalty revenues

received by Transporter during any month will be credited to

firm and interruptible transportation Shippers, except each

penalty revenue credit shall be allocated only to those

specified Shippers who were not assessed such penalty. The

credits will be allocated to the specified Shippers

proportionately based on the MDQ for firm Shippers and

actual quantities transported for interruptible Shippers.

Such revenue credits shall be reflected as a credit billing

adjustment to the next month's billings rendered after the

applicable month to which the credit is determined. In the

event such credit billing adjustments would result in a

credit total invoice to any Shipper, Transporter will refund

the credit billing adjustment to the Shipper in cash within

fifteen (15) days of the amount of the credit due to the

Shipper.