Pine Needle LNG Company, LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 02/01/2000, Docket: RP00-141-000, Status: Effective
First Revised Sheet No. 50 First Revised Sheet No. 50 : Effective
Superseding: Original Sheet No. 50
GENERAL TERMS AND CONDITIONS
(Continued)
7. PAYMENTS (Continued)
(b) Failure to Pay
Should Customer fail to pay all of the amount of any bill as herein
provided when such amount is due, interest on the unpaid portion of
such amount shall accrue at the rate equal to the interest rate
calculated in accordance with 18 C.F.R. Section 154.501(d)(1) of the
Commission's Regulations from the due date until the date of payment.
If such failure to pay continues for 30 days after payment is due,
Pine Needle, in addition to any other remedy it may have hereunder,
may notify Customer in writing of its nonpayment, allowing Customer
thirty days to make payment of any unpaid amount and to provide
assurances satisfactory to Pine Needle that such non-payment will not
recur. Pine Needle will not suspend service under this Section 7(b)
until ten days after the end of such thirty-day period, and then only
upon written notice to Customer and the Commission.
If Customer in good faith shall dispute the amount of any such bill or
any part thereof, Customer shall provide written notice of its dispute
including documentation identifying basis of dispute and shall either
(1) pay to Pine Needle the full amount of such bill, subject to refund
as described in Section 7(c) below, or (2) pay to Pine Needle such
amount as it concedes to be correct, and at any time thereafter within
30 days of a demand made by Pine Needle, shall furnish good and
sufficient surety bond from a surety on the U.S. Treasury approved
list guaranteeing payment to Pine Needle of the amount finally
determined to be due. If, under option (2) as set forth in the
immediately preceding sentence, Customer, at Pine Needle's demand,
posts a surety bond and the amount finally determined to be due is
that amount which Customer asserted in its written notice of its
dispute as being the correct amount due, then Pine Needle shall
reimburse Customer for the amount of the premium paid for the surety
bond obtained by Customer. Upon (1) payment of such bill in full in
the manner hereinabove described or (2) the furnishing of such bond by
Customer (unless and until default be made in the conditions of such
bond), Pine Needle shall not be entitled to suspend service pending a
determination of the final amount due. If Customer provides notice of
its dispute and fails to (1) pay all or any part of such bill or (2)
furnish a bond, Pine Needle may take action to suspend service in the
manner hereinabove described. A final, non-appealable determination
of the amount due may be reached either by agreement between the
parties, arbitration, or judgment of a court.
(c) Over or Under Charges
If within 6 months from the date of the initial invoice with a 3-month
rebuttal period, it shall be found that Customer has been overcharged
or undercharged in any form whatsoever under the provisions hereof,
and Customer shall have actually paid the bills containing such
overcharge or undercharge, then within 30 days after the final
determination thereof, Pine Needle shall refund the amount of any such
overcharge with interest thereon at the rate equal to the interest
rate calculated in accordance with 18 C.F.R. Section 154.501(d)(1) of
the Commission's Regulations from the time such overcharge was paid to
the date of refund, and Customer shall pay the amount of any
undercharge but without interest.