Overthrust Pipeline Company

First Revised Volume No. 1-A

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Effective Date: 07/05/1996, Docket: RP96-266-000, Status: Effective

Second Revised Sheet No. 69 Second Revised Sheet No. 69 : Superseded

Superseding: FIRST REVISED SHEET NO. 69

GENERAL TERMS AND CONDITIONS

 

its intent to curtail if the delinquency is not remedied

within thirty (30) days of the date of the notice. Such

curtailment will then occur only upon written notice to the

Commission.

 

(ii) Overthrust shall not curtail, or shall cease

curtailing, under this provision if Shipper cures any

deficiency or provides any of the following adequate

assurances: (i) payment in advance for three (3) month's

service; (ii) a standby irrevocable letter of credit drawn

upon a bank acceptable to Overthrust; (iii) a security

interest in collateral provided by the Shipper found to be

satisfactory to Overthrust; or (iv) guarantee by a person or

another entity which satisfies Overthrust's creditworthiness

requirements.

 

If Shipper in good faith shall dispute the amount of

any such bill, Shipper shall nevertheless pay to Overthrust

the amount of such bill and, at any time thereafter within

30 days of a demand made by Shipper, Overthrust shall

furnish a good and sufficient surety bond guaranteeing

refund to Shipper upon such bills after a final

determination by agreement, by determination of regulatory

agencies having jurisdiction, or by judgment of the courts,

as may be the case.

 

17.7 If it is determined that Shipper has been

overcharged, and Shipper has paid the statement containing

the overcharge then, within 30 days after the final

determination, Overthrust shall refund the amount

overcharged with interest at the rate prescribed by 18

C.F.R. 154.501(d). If it is determined that Shipper has

been undercharged, Shipper shall pay the amount undercharged

with appropriate interest within 30 days of notice by

Overthrust of the amount. Provided, however, no adjustment

will be made to any statement more than 24 months from the

date of such statement unless disputed within that period.

In the event that any portion of a statement is in dispute,

payment of the disputed portion shall not be deemed a waiver

of the right to contest such disputed portion in any forum

having jurisdiction.

 

17.8 Billing For Released Capacity.

 

(a) A releasing Shipper will be billed the

reservation charges associated with the entire amount of the

releasing Shipper's RDC. A conditional credit for the

payment of either volumetric or reservation-charge capacity