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.