GENERAL TERMS AND CONDITIONS OF SERVICE
(Continued)
7. PAYMENT (Continued)
7.3 Remedies for Failure to Pay: (Continued)
However, if Shipper, in good faith, disputes the amount of any bill
or part thereof and 1) promptly pays to Transporter the undisputed
amount, and 2) furnishes to Transporter a good and sufficient letter
of credit in an amount and with surety satisfactory to Transporter,
or provides other assurance acceptable to Transporter guaranteeing
payment to Transporter of the amount ultimately found due upon the
bill after a final determination that may be reached either by
agreement or by judgment of the courts, as may be the case, then
Transporter shall not be entitled to automatically suspend or
terminate service under the Transportation Service Agreement(s)
unless and until a default is made in the conditions of the letter
of credit or other assurance; provided further that should Shipper
prevail on the dispute, Transporter shall reimburse Shipper up to
the reasonable and customary costs of the letter of credit or other
assurance provided.
7.4 Late Billing: If presentation of a bill by NBP is delayed after the
date specified in Paragraph 6.1 hereof, then the time for payment
shall be extended correspondingly unless Shipper is responsible for
such delay.
7.5 Adjustment of Billing Error: In accordance with NAESB Standard
3.3.15, Version 1.8, prior period adjustment time limits should be
six (6) months from the date of the initial transportation invoice
and seven (7) months from date of initial sales invoice with a
three-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.
7.6 Reservation Charge Credit (Force Majeure): As used in this
Paragraph 7.6, Firm Daily Volume shall mean the volume of gas which
NBP is obligated to deliver on a firm basis at Shipper's firm
delivery point(s) on a Gas Day, based on confirmable nominations
for firm service within Shipper's Maximum Daily Quantity. If, due
to an event of force majeure, Transporter is unable to deliver any
portion of Shipper's Firm Daily Volume for a period greater than
ten (10) consecutive days, then for each day beyond ten (10) days
that Transporter so fails to provide service the applicable
(Continued)
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Issued by: John A Roscher, Director of Rates & Regulatory Affairs
Issued on: June 1, 2009 Effective on: August 1, 2009
Filed to comply with order of the Federal Energy Regulatory Commission, Docket
No. RM96-1-029, issued February 14, 2009 |