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.