Ngo Transmission, Inc.
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective
Original Sheet No. 91 Original Sheet No. 91 : Effective
may suspend service on five (5) Business Days' prior notice to
Shipper and to the Commission. If Transporter has provided
Shipper and the Commission with at least thirty (30) days notice
that service will terminate due to the non-payment, Transporter,
in addition to any other remedy it may have under law or the
service agreement, may terminate the service agreement unless
Shipper has cured the deficiency within such thirty (30) day
notice period; provided, however, that 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
in addition to providing such remittance detail and 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 invoices
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 the
service agreement until default be made in the conditions of such
bond. Transporter shall notify the Commission of any actual
suspension or termination of service pursuant to this Section
10.4.
10.5 Adjustment of Underpayment, Overpayment or Error in Billing: If
it shall be found within six (6) months of the date on which the
invoice was rendered that a Shipper has been overcharged or
undercharged in any form whatsoever under the provisions of this
Tariff or the service agreement for the services covered by such
invoice and Shipper shall have actually paid the invoices
containing such overcharge or undercharge, then within thirty (30)
days after the final determination thereof, which shall be no
later than ninety (90) days from the date which the claim for
adjustment was made, Transporter shall refund the amount of such
overcharge and Shipper shall pay the amount of any such
undercharge; provided, however, if the overcharge or undercharge
is the result of a deliberate omission or misrepresentation by
either party or a mutual mistake of fact, then the period for
resolving adjustments is tolled until the claimed adjustment is
settled. Interest calculated in accord with Section 10.4 above
shall apply to any overcharge or undercharge not paid or refunded
within thirty (30) days from the date of the determination of the
amount of the undercharge or overcharge.
Prior period adjustment time limits will be six (6) months from
the date of the initial transportation invoice and (seven) 7