Tres Palacios Gas Storage LLC
Original Volume No. 1
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Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective
Original Sheet No. 143 Original Sheet No. 143
GENERAL TERMS AND CONDITIONS
(Continued)
14.2 Application of Payments for Released Capacity.
Payments to TRES PALACIOS by a Replacement Customer for released
capacity shall be applied as follows: (i) TRES PALACIOS shall
retain amounts equal to the Replacement Customer's usage charges;
(ii) TRES PALACIOS will credit the balance to reservation charges
due from the Replacement Customer; and (iii) TRES PALACIOS 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 TRES PALACIOS 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 TRES PALACIOS of any underpayment. In
the event Customer fails to forward the entire undisputed amount
due to TRES PALACIOS 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 TRES PALACIOS, 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 TRES PALACIOS, in
addition to all other legal remedies available to it, shall have
the right and option to terminate service hereunder.