National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 04/21/2010, Docket: RP10-504-000, Status: Effective

Second Revised Sheet No. 343 Second Revised Sheet No. 343

Superseding: First Revised Sheet No. 343

 

GENERAL TERMS AND CONDITIONS

 

 

5. BILLING AND PAYMENT (Cont'd)

 

case of any transportation or storage service) or within seven (7)

months (in the case of a sales service). The party receiving a

claim of error and request for adjustment shall have three (3)

months to rebut such claim, otherwise the statement shall be

adjusted as requested. The time limitations set forth in this

Section 5.3 shall not apply in the case of deliberate omission or

misrepresentation, mutual mistake of fact or government required

rate changes; nor shall the parties other statutory or contractual

rights be diminished by this Section.

 

5.4 Delayed Payment

 

Should Shipper fail to pay all of the amount of any invoice, as

herein provided, when such amount is due, interest on the unpaid

portion of the invoice shall accrue at the then effective prime

interest rate (JPMorgan Chase Bank, NA). Transporter may suspend

service to any Shipper which is delinquent in payments, provided

that Transporter shall give Shipper written notice of the

delinquency and of Transporter's intent to suspend if the

delinquency is not remedied within fifteen (15) days of the date of

the notice. Transporter may terminate service to any Shipper which

is delinquent in payments, provided Transporter shall give Shipper

written notice of the delinquency and of Transporter's intent to

curtail or terminate if the delinquency is not rendered within

thirty (30) days of the notice and then only upon written notice to

the Commission and, if required by the Commission's regulations,

authorization by the Commission.

 

However, 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, accompanied by documentation

identifying the basis for the dispute, and at any time within

thirty (30) days after a demand made by Transporter, shall furnish

good and sufficient surety bond, guaranteeing payment to

Transporter of the amount ultimately found due upon such bills

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 suspend or terminate service

on account of such disputed claim while so secured, until default

be made in the conditions of such bond.