Trans-Union Interstate Pipeline, L.P.
Original Volume No. 1
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Effective Date: 02/07/2006, Docket: RP06-217-000, Status: Effective
Original Sheet No. 120 Original Sheet No. 120 : Effective
payment to 365, and by (c) the interest rate determined in
accordance
with Section 154.501(d) of the Commission's regulations. If such
failure to
pay continues for thirty (30) days after payment is due,
Transporter may
suspend service; and, if Transporter has provided Shipper and the
FERC with at
least thirty (30) days notice that service will terminate due to
the
non-payment, Transporter, in addition to any other remedy it may
have under
the service contract, may after application to and authorization
by the FERC,
if that authorization is necessary, terminate the service
contract; provided,
however, that if Shipper in good faith shall dispute the amount
of any such
invoice or part thereof and shall pay to Transporter such amounts
as it
concedes to be correct in addition to providing such remittance
detail and
documentation identifying the basis for the dispute, and at any
time within
thirty (30) days after a demand is made by Transporter shall
furnish good and
sufficient surety bond, guaranteeing payment to Transporter of
the amount
ultimately found due upon such invoices after a final
determination, which may
be reached either by agreement or judgment of the courts, as may
be the case,
then Transporter shall not be entitled to terminate the
Transportation
Agreement until default be made in the conditions of such bond.
11.5 If it shall be found within six months of the date 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 Agreement
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 11.4 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.
11.6 Prior period adjustment time limits will be six (6) Months
from the date
of the initial transportation invoice and seven (7) Months from
the date of
initial sales invoice with a three (3) Month rebuttal period,
excluding
government required rate changes. This standard shall not apply
in the case
of a deliberate omission or misrepresentation or mutual mistake
of fact.
Parties' other statutory or contractual rights shall not
otherwise be
diminished by this standard.
11.7 Nothing in this Section 11 of these General Terms and
Conditions or in
any of Transporter's Rate Schedules or Transportation Agreements
is intended
to limit the rights of Transporter or Shipper with respect to
invoicing and
payment in a forum outside the FERC.