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Second Revised Sheet No. 69 Second Revised Sheet No. 69 : Superseded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