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.