B-R Pipeline Company

Original Volume No. 1

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Effective Date: 05/18/2009, Docket: RP09-521-000, Status: Effective

First Revised Sheet No. 49 First Revised Sheet No. 49

Superseding: Original Sheet No. 49

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(e) Transporter shall not be required to perform or to continue service

under any Rate Schedule on behalf of any Shipper who is or has become

insolvent or who, at Transporter's request, fails within a reasonable

period to demonstrate creditworthiness. For purposes herein, the

insolvency of a Shipper shall be conclusively demonstrated by the filing by

Shipper or any parent entity thereof (hereinafter collectively referred to

as "the Shipper") of a voluntary petition in bankruptcy or the entry of a

decree or order by a court having jurisdiction in the premises adjudging

the Shipper bankrupt or insolvent, or approving, as properly filed, a

petition seeking reorganization, arrangement, adjustment or composition of

or in respect of the Shipper under the Federal Bankruptcy Act or any other

applicable federal or state law, or appointing a receiver, liquidator,

assignee, trustee, sequestrator (or other similar official) of the Shipper

or of any substantial part of its property, or the ordering of the winding-

up or liquidation of its affairs.

 

 

12. PRIORITY OF SERVICE

 

12.1 Firm Service. Firm service shall be those services which are

defined as firm in the Rate Schedules under Transporter's Tariff.

 

12.2 Interruptible Service. Interruptible service shall be any

transportation service that is not firm as defined in Section

12.1, including interruptible services under Transporter's Volume No. 1

Tariff.

 

12.3 Priority Date. For purposes of this tariff, the term "Service

Agreement" shall mean an executed Service Agreement for transportation

and/or any executed amendments to that Service Agreement. A

request for an amendment to a Service Agreement is generally a new

request for interruptible priority purposes to the extent that it adds a

receipt and/or delivery point, increases volume, converts interruptible

transportation to firm transportation, converts Section 311 or 7(c)

transportation to blanket certificate transportation or changes the

Shipper, other than a change in Shipper's name. Only that portion of the

service which is new will receive a new priority date. However, existing

agreements may be amended, without the amendment constituting a new

agreement for priority purposes, consistent with the flexible receipt and

delivery point provisions of Rate Schedule IT-1, of this tariff.

 

(a) For purposes of this Section 12, "Priority Date" shall mean the

date Shipper requests service pursuant to Section 16 of the

General Terms and Conditions.