Tuscarora Gas Transmission Company
Original Volume No. 1
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Effective Date: 11/21/2003, Docket: RP04- 28-000, Status: Effective
Third Revised Sheet No. 59 Third Revised Sheet No. 59 : Effective
Superseding: Second Revised Sheet No. 59
GENERAL TERMS AND CONDITIONS
13.4 Disputed Billing
(a) If invoice is in dispute, pay portion not in dispute and provide
documentation identifying basis for dispute.
(b) Within 30 days after a demand made by Transporter, Shipper shall
furnish good and sufficient surety bond, guaranteeing payment to
Transporter of the amount ultimately found due upon bills after a
final determination which may be reached either by agreement or
judgment of the courts, as may be the case, then Transporter shall
not be entitled to seek to suspend further delivery of gas nor
terminate the Transportation Service Agreement as outlined above
unless and until default be made in the conditions of such bond.
13.5 Prior Period Adjustments.
(a) Prior period adjustment time limits should be six (6) months from
date of the initial transportation invoice and seven (7) months
from date of initial sales invoice with a three (3) month rebuttal
period, excluding government-required rate changes. This standard
shall not apply in the case of deliberate omission or
misrepresentation of mutual mistake of fact. Parties' other
statutory or contractual rights shall not otherwise be diminished
by this standard.
(b) Prior period adjustments are reported by production date, but they
do not have to be invoiced separately by production month nor is
each production month a separate paper invoice page.
13.6 Remedies For Nonpayment.
(a) Charge for Late Payment: Should Shipper fail to pay any or all of
the amount of any bill as herein provided when such amount is due,
Shipper shall pay a Charge for Late Payment which shall be included
by Transporter on the next regular monthly bill rendered o Shipper.
Such Charge for Late Payment shall be determined by multiplying (a)
the unpaid portion of the bill, by (b) the ratio of the number of
days from the due date to the date of actual payment to 365, by (c)
the applicable rate of interest calculated in accordance with
Section 154.501 of the Commission's Regulations.
(b) Suspension of Service: If such failure to pay continues for
30 days after payment is due, Transporter, in addition to any other
remedy it may have under the Transportation Service Agreement may
suspend further transportation of gas until such amount is paid;
provided, however, that Transporter shall notify Shipper in writing
20 days prior to such suspension that continued failure to pay will
result in suspension of service.
(c) Termination of Contract: If such default continues for 30 days
following the suspension of service Transporter may thereafter, in
addition to any other remedy it may have under the Transportation
Service Agreement, terminate said contract; provided, however, that
Transporter shall notify Shipper in writing 20 days prior to such
action that continued failure to pay will result in termination of