Ngo Transmission, Inc.

Original Volume No. 1

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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