Williston Basin Interstate Pipeline Co.

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-352-000, Status: Effective

Second Revised Sheet No. 288 Second Revised Sheet No. 288 : Effective

Superseding: First Revised Sheet No. 288

GENERAL TERMS AND CONDITIONS (Continued)

 

21. PAYMENTS (Continued)

 

interest calculated in accordance with Subsection

21.2 that accrues until resolution of the

dispute, which may be reached either by agreement

or judgment of a court of competent jurisdiction.

If resolution of the dispute is in favor of

Shipper and Shipper furnished a surety bond

instead of paying the disputed amount,

Transporter shall refund to Shipper the costs

incurred in securing that surety bond for this

dispute. This Subsection does not apply to

ordinary adjustments of underpayment, overpayment

or error in billing in accordance with Subsection

21.3. Shipper shall clearly identify the invoice

number on all payments.

 

21.3 Adjustment of underpayment, overpayment or error in billing: If at

any time Transporter determines that Shipper has been overcharged

or undercharged in any form whatsoever under the provisions of

this Tariff, and Shipper shall have actually paid the bills

containing such overcharge or undercharge, within thirty (30) days

after the final determination thereof (except where otherwise

required by statute, rule, regulation or order), Transporter shall

refund the amount of any such overcharge, and Shipper shall pay

the amount of any such undercharge, both with interest thereon at

the then effective rate computed in the same manner as set forth

in Subsection 21.2. Interest on overcharges or undercharges shall

be calculated from the time such overcharge or undercharge was

paid or due to the date of refund or payment, respectively. This

Subsection does not apply to payments subject to a bona fide

billing dispute in accordance with Subsection 21.2.

 

21.4 In the event either party discovers an error in the amount billed

in any statement rendered by Transporter, such error should be

identified within six (6) months of the date of the invoice. The

other party shall have three (3) months from the month in which

the error was identified to dispute such error. This timeline

shall not apply in the case of deliberate omission or

misrepresentation or mutual mistake of fact, or government-

required rate changes. The parties' other statutory, tariff

and/or contractual rights shall not otherwise be diminished by

this provision.