B-R Pipeline Company

Original Volume No. 1

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Effective Date: 05/01/2004, Docket: RP04-224-000, Status: Effective

Original Sheet No. 52 Original Sheet No. 52 : Effective







(e) To the extent that capacity is constrained at primary or

alternate receipt or delivery point facilities, Transporter shall

curtail firm service at all such points on an equal basis using

the methodology described in Section 12.4(d) above.


12.5 Operating Limitations. Notwithstanding the other provisions of

this Section 12, Transporter shall not be required to interrupt service

to any Shipper served from those locations on Transporter's system where,

due to operational or capacity limitations, Transporter's ability to

maintain the priorities provided herein would not be improved.

Transporter shall not be obligated to modify its system operations or its

operating procedures related to firm service in order to ameliorate

specific operating and capacity limitations which result in interruptible

service curtailment.


12.6 Curtailment Liability. If Transporter is required to curtail

deliveries during the term of the Service Agreement and if curtailment is

implemented for any reason, Transporter will not be liable for any

damages caused by implementation of curtailment procedures as set forth

herein, except that, to the extent that such curtailment is shown to

be the result of negligence or misfeasance by Transporter,

Transporter's liability shall be capped at the level of Shipper's

reservation charges.