Portland General Electric Company

Original Volume No. 1

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Effective Date: 12/03/2003, Docket: RP04- 48-000, Status: Effective

Original Sheet No. 49 Original Sheet No. 49 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11. SERVICE AGREEMENT AND CREDITWORTHINESS (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 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 Volume No. 1

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 Point 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

Point 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.