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.