K O Transmission Company
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-394-000, Status: Effective
Second Revised Sheet No. 88 Second Revised Sheet No. 88
Superseding: First Revised Sheet No. 88
GENERAL TERMS AND CONDITIONS (continued)
11. Payment (con’t.)
11.4 Bona fide disputes
In the event of a bona fide dispute between Shipper and Transporter concerning
the amount of the unpaid bill, Transporter shall not suspend service under the
procedure outlined in 11.3(b) above when Shipper acts in a timely manner to
provide additional information and security for the Transporter in accordance
with the following procedures:
(a)
Identification of the dispute: Within ten (10) days after the due date of any
payment, Shipper shall notify Transporter by written notice of any amount billed
which is in bona fide dispute, documenting all reasons and factors as to why the
billing is in dispute.
(b)
Payment security: Within ten (10) days of the due date for any payment, Shipper
shall either (i) pay in full the amount indicated on the disputed billing,
without prejudice to the Shipper's rights to dispute all or part of said amount
and subject to the return of the disputed amount so identified, with interest
calculated in accordance with Section 11.3 after resolution of the dispute in
favor of the Shipper, or (ii) pay the undisputed portion of the billing in full
and furnish good and sufficient surety bond, guaranteeing payment to Transporter
of all amounts ultimately found due after resolution the dispute, including
interest charges which accrue until resolution of the dispute which may be
reached by both parties either by agreement or court judgment.
11.5 Suspension or Termination for Nonpayment
If Shipper under any Rate Schedule becomes delinquent by ten (10) days in the
payment of any invoice, then such Shipper shall provide adequate assurance of
payment to Transporter within ten (10) days of the date of Transporter's written
notice of such delinquency. If Shipper does not, within such ten (10) day
period, pay the invoice together with accrued interest, or does not provide
adequate assurance of payment in accordance with the provisions of this Section,
Transporter, in addition to other remedies it may have, may commence suspension
of service procedures by:
a) sending a first written notice to Shipper informing Shipper that its service
will be suspended and its Service Agreement