Portland Natural Gas Transmission System
Second Revised Volume No. 1
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Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective
Original Sheet No. 371 Original Sheet No. 371 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
misrepresentation or omission or mutual mistake of fact. The responding party
to such dispute shall provide any rebuttal claims to the other party within
three months of receipt of notice of dispute. Parties' other statutory or
contractual rights shall not otherwise be diminished by this Section 15.5.
15.6 Adjustment of Bills. If it is determined that at any time or
times Shipper has been overcharged or undercharged under the provisions of the
Gas Transportation Contract and Shipper has actually paid the bills containing
such overcharge or undercharge, then within thirty (30) Days after the final
determination thereof, subject to the limitations in Section 15.5(b) above,
Transporter shall refund the amount of any such overcharge, and Shipper shall
pay the amount of any such undercharge; provided, however, that interest
calculated in accordance with Section 15.4(a) shall apply to any undercharge
not paid and to any overcharge not returned within thirty (30) Days from the
date of Transporter's notification to Shipper of the amount of the undercharge
or overcharge. In the event an error is discovered by Shipper in the amount
billed in any statement rendered by Transporter, such error shall be adjusted
within thirty (30) Days of the final determination thereof provided that claim
therefore shall have been made within six (6) months from the date of the
initial transportation invoice month and seven (7) months from date of Initial
sales invoice with a three (3) month rebuttal period in which such overcharge
or undercharge occurred except claims for government required rate changes.
Parties' other statutory or contractual rights shall not otherwise be
diminished by this Section 15.6.
15.7 Examination of Books. Both Transporter and Shipper have the
right to examine at any reasonable time the books, records and charts of the
other to the extent necessary to verify the accuracy of any statement, chart,
or computation made under or pursuant to the provisions of this Tariff or the
Gas Transportation Contract.
15.8 Third Party Charges. Shipper shall be responsible for delivering
all Gas to, and accepting redelivery of all Gas from, Transporter s system,
and shall be free to contract with third party(s) upstream or downstream of
Transporter's system to achieve such result. If Shipper requests, and
Transporter agrees, that Transporter shall, to provide service to Shipper, use
service which Transporter has contracted for with third party(s) for the
benefit of Shipper, Shipper shall pay Transporter an amount equal to the
charges Transporter is obligated to pay such third party(s), which charges may
include, but are not limited to, reservation and/or usage charges and
surcharges, fuel charges, compression fees, balancing or storage fees,
measurement fees, processing fees, and/or facility charges. Such charges
shall be set forth as separate items on billings rendered to Shipper.