Arlington Storage Company, LLC

First Revised Volume No. 1

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Effective Date: 11/08/2009, Docket: RP10-67-000, 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 ASC by a Replacement Customer for

released capacity shall be applied as follows: (i) ASC shall retain amounts equal to the

Replacement Customer's usage charges; (ii) ASC will credit the balance to reservation charges

due from the Replacement Customer; and (iii) ASC 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 ASC by wire transfer the full amount reflected on the invoice

within ten (10) days of the date of the invoice. If the tenth (10th) day shall fall upon a

weekend or legal holiday, then such payment shall be made on the last regular Business Day

prior to such tenth (10th) 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 ASC of any underpayment. In the event Customer fails to forward

the entire undisputed amount due to ASC 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 ASC, 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

ASC, in addition to all other legal remedies available to it, shall have the right and option

to terminate service hereunder.