Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 145 Original Sheet No. 145 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
14.2 Application of Payments for Released Capacity.
Payments to PPEC by a Replacement Customer for released capacity
shall be applied as follows: (i) PPEC shall retain amounts equal
to the Replacement Customer's usage charges; (ii) PPEC will credit
the balance to reservation charges due from the Replacement
Customer; and (iii) PPEC shall remit the remaining balance, if
any, or shall charge any balance due, to the Replacement Customer,
in accordance with Section 4.10 of the General Terms and
Conditions of this FERC Gas Tariff. If any balance due from the
Replacement Customer remains unpaid, the outstanding balance will
then be billed to the Releasing Customer, provided that the
Releasing Customer is only liable to the extent of the reservation
charges specified in the applicable Storage Service Agreement and
corresponding Rate Schedule.
14.3 Payment. Customer shall pay PPEC by wire transfer
the full amount reflected on the invoice within fifteen (15) days
of the date of the invoice. If the fifteenth (15th) day shall
fall upon a weekend or legal holiday, then such payment shall be
made on the last regular Business Day prior to such fifteenth
(15th) day. Party making payment should submit supporting
documentation; party receiving payment should apply payment per
supporting documentation provided by the paying party; and if
payment differs from invoiced amount, remittance detail should 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 due date.
14.4 Billing Error. If an error is discovered in any
billing, such error shall be adjusted within thirty (30) days of
the determination thereof. If a dispute arises as to the amount
payable in any invoice rendered hereunder, Customer shall
nevertheless pay when due the amount not in dispute under such
invoice. Such payment shall not be deemed to be a waiver of the
right by Customer to recoup any overpayment, nor shall acceptance
of any payment be deemed to be a waiver of the right by Customer
to recoup any overpayment, nor shall acceptance of any payment be
deemed to be a waiver by PPEC of any underpayment. In the event
Customer fails to forward the entire undisputed amount due to PPEC
when same is due, interest on the unpaid portion shall accrue at
the same rate of interest and in the same manner as prescribed for
pipeline refunds as set forth in Section 154.501(d) of the
Commission's regulations under the Natural Gas Act from the date
such payment is due until the same is paid. If Customer's failure
to pay the undisputed portion of any invoice rendered hereunder
continues beyond thirty (30) days after the due date of such
invoice, then PPEC, in addition to all other legal remedies
available to it, shall have the right and option to suspend
further deliveries of Gas until such default shall have been
cured. If Customer's failure to pay the undisputed portion of any
invoice rendered hereunder continues beyond sixty (60) days after
the due date of such invoice, then PPEC, in addition to all other
legal remedies available to it, shall have the right and option to
terminate service hereunder.