Enbridge Pipelines (Midla) Inc.
Fourth Revised Volume No. 1
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Effective Date: 06/01/2002, Docket: RP00-400-001, Status: Pending
First Revised Sheet No. 146 First Revised Sheet No. 146 : Pending
Superseding: Original Sheet No. 146
provided upon request, with timing of supporting documentation to
follow the timing of the flowing gas transactions.
9.3 In the event an error is discovered in the amount billed in any
statement provided by Pipeline to Customer, such error shall be
adjusted promptly but in no case later than ninety(90) days from
the date on which Pipeline receives claim of such error from
Customer,provided that any claim therefor shall have been made
within six (6) months from the date of such statement. Prior
period adjustment time limits should be 6 months from the date of
the initial transportation invoice and 7 months from the date of
initial sales invoice with a 3-month rebuttal period, excluding
government-required rate changes. This standard shall not apply
in the case of deliberate omission or misrepresentation or mutual
mistake of fact. Parties' other statutory or contractual rights
shall not otherwise be deminished by this standard.
9.4 Pipeline and Customer shall have the right to examine the books,
records, and charts of the other party during normal business
hours of Pipeline or Customer to the extent necessary to verify
the accuracy of any statement, charge, or computation made
pursuant to the provisions of this FERC Gas Tariff. The cost of
such examination shall be borne by the party exercising its right
of examination.
9.5 Customer shall pay Pipeline, at its designated office on or before
the 20th day of each month, for the services performed by Pipeline
for Customer during the preceding month, and billed by Pipeline in
the statement for such month. Such payment shall include
supporting documentation which shall identify items for which
remittance is included and appropriate detail for amounts
adjusted.
9.6 Should Customer fail to pay the amount of any bill for services
performed by Pipeline for Customer when such amount is due,
interest thereon shall accrue at the prime rate in effect on the
date of such statement plus one percent (1%). The term "prime
rate" shall mean the annual rate of interest at which short-term
loans are made by The Chase Manhattan Bank, New York, New York, to
its prime customers. If invoice is in duspute, pay portion not in
dispute and provide documentation identifying basis for the
dispute.
9.7 If Customer's failure to pay continues for thirty (30) days after
payment is due, Pipeline, in addition to any other remedy it may
have, may suspend services until such amount is paid; provided,
however, that if Customer in good faith, disputes the amount of
any such bill providing to Pipeline such documentation as to
identify the basis for the dispute and pays to Pipeline such
amounts as Customer concedes to be correct, and upon demand made
by Pipeline, furnishes within thirty (30) days a good and
sufficient surety bond, in amount and with sureties satisfactory
to Pipeline, conditional upon the payment of any amounts
ultimately found due upon such bill after a final determination,
which may be reached either by agreement or judgment of the courts
as may be the case, then Pipeline shall not be entitled to suspend
further deliveries of gas unless and until the sureties fail to
perform in accordance with the conditions of such bond. Pipeline
shall reimburse Customer for those costs incurred by Customer in
furnishing the surety bond in the event of a final determination
that no amounts are due Pipeline.