Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective

First Revised Sheet No. 142 First Revised Sheet No. 142

Superseding: Original Sheet No. 142

 

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 therefore 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 diminished 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 dispute, pay portion not in

dispute and provide documentation identifying basis for the

dispute.