Midcoast Interstate Transmission, Inc.
Second Revised Volume No. 1
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Effective Date: 10/01/1997, Docket: GT97- 71-000, Status: Effective
Second Revised Sheet No. 110 Second Revised Sheet No. 110 : Effective
Superseding: SUB FIRST REVISED SHEET NO. 110
GENERAL TERMS AND CONDITIONS (continued)
6.2 Remedies for non-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 from the due date until the date of payment at the
interest rate calculated according to Section 154.67(c)(2) of
the FERC's regulations. If such failure to pay continues for
thirty (30) days after payment is due and Transporter has
provided Shipper and the Federal Energy Regulatory Commission
with at least fifteen (15) days notice that service will
terminate due to the non-payment, Transporter in addition to
any other remedy it may have under the executed Services
Contract may suspend further delivery of gas until such amount
is paid. Provided, however, that if Shipper in good faith
shall dispute the amount of any such invoice or part thereof
(and provides Transporter written documentation as to the
basis for the dispute) and shall pay to Transporter such
amounts as it concedes to be correct and at any time
thereafter within thirty (30) days of 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
seek or suspend further delivery of gas unless and until
default be made in the conditions of such bond.
6.3 Adjustment of underpayment, overpayment or error in invoicing:
If it shall be found that Shipper has been overcharged or
undercharged in any form whatsoever under the provisions of the
executed Service Contract, and Shipper shall have actually paid
the invoices containing such overcharge or undercharge, then
within thirty (30) days after the final determination thereof,
Transporter shall refund the amount of any such overcharge with
interest thereon from the time such overcharge was paid to the
date of refund the interest rate calculated according to
Section 154.67(c)(2) of FERC's regulations and Shipper shall
pay the amount of any such undercharge, but without interest.