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HomeMy WebLinkAbout1987-1862039L NOTE Amendment No 1 - 93-133 Amendment No 2 97,277 Amendment No 3 - 98-259 Amendment No 4 - 99-128 NO �� AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Texas Utilities is operating an electric distribution system within the City of Denton, Texas, and WHEREAS, the City and Texas Utilities Electric Company desire to agree upon the rental or compensation for said company's use of City streets, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Mayor is hereby authorized to execute an agreement etween the City of Denton and Texas Utilities Electric Company for the use of City streets, under the provisions of the contract which is attached hereto and incorporated by reference herein SECTION II That this ordinance shall become effective imme late y upon its passage and approval PASSED AND APPROVED this the ��day of October, 1987 RAY ST H NS, AYOR ATTEST IF E ,4ITrS—EtRETARY1, AP ROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2039L THE STATE OF TEXAS S COUNTY OF DENTON S AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS UTILITIES ELECTRIC COMPANY This agreement, made and entered into by and between the City of Denton, Texas, hereinafter called "City", and Texas Utilities Electric Company, hereinafter called "Company" WITNESSETH WHEREAS, Company is operating an electric distribution system, including poles, wires, transformers, meters, and other appurtenances within the City of Denton, Texas, and no compensation has been paid, is presently being paid, or is provided to be paid, to City for the use and occupancy of the streets, alleys, highways, easements, parks, and other public places within said City, or other charges in connection with such use, and WHEREAS, it is the desire of the City and Company to agree upon the rental or compensation for such use and occupancy and the parties hereto have agreed upon an amount to be paid annually by Company for such purpose, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and the mutual benefits to be derived therefrom, the parties hereto agree as follows 1 That Company, its successors or assigns, shall pay annually three percent (3%) of its gross revenues from the sale of elec- tric power and energy at retail in the City as full payment for the right and privilege of using and occupying the present and future streets, alleys, highways, easements, parks, and other public places within the City The first payment shall be due on acceptance and subsequent payments shall be made on or before October 1 of each year thereafter Each payment shall be based on the gross receipts from the retail sale of electricity within the corporate limits of City during the twelve (12) month period ending July 31 next preceding the payment and shall be payment for the aforesaid right and privilege during the twelve (12) month period beginning with October 1 of the year in which the payment is made The first payment on acceptance is based on the revenue collected during the preceding twelve month period beginning August 1, 1986 and ending July 31, 1987 This payment covers the street rental agreement period of October 1, 1987, through September 30, 1988, with subsequent payments to be rendered as previously stated Company shall provide a complete report in support of its calculations with each such payment and, upon request, shall provide and allow inspection of all necessary books and records of Company 2 City agrees to accept such payment as full compensation to be paid by Company for the privilege of using and occupying the streets, alleys, highways, easements, parks, and other public places within the present and future territorial limits of City, while this agreement is in effect, in lieu of and shall be accepted as payment for all of Company's obligations to pay occupation taxes, assessments, municipal charges, fees, rentals, pole rentals, wire taxes, license and inspection fees or charges, administrative and processing fees, utility easement taxes, franchise taxes, street taxes, street or alley rentals and all other charges, levies, fees, rentals and taxes of every kind, except the usual general or special ad valorem taxes which the City 1s authorized to levy and impose upon real and personal property, assessments for public improvements, and sales taxes as allowed by State or local law 3 That the Company shall indemnify and save whole and harm- less the City and all of its officers, agents, and employees from any and all claims for injury or damage to persons or property occasioned by, or arising out of the construction, maintenance, operation, or repair of the generation, transmission, or distri- bution system, or by the conduct of business in the City provided, however, nothing herein shall be construed to indemnify the City against the City's own negligence or fault It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto 4 That all poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will interfere as little as practicable with the ordinary travel on alleys, streets or sidewalks or with the flow of water to any gutter or drain The location and route of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed by the Company in the construction and maintenance of its electric utility distribution system in the City, shall comply with all pertinent requirements of the National Electrical Safety Code and all rules and guidelines that have been properly promulgated by the City which are not inconsistent with this agreement and as may be authorized by State or Federal law 5 That in any future construction, in new developments, lateral and service distribution lines and wires shall be placed or constructed underground in all areas designated in advance of construction by the City for all electric utilities in the plat approval process or by zoning ordinances, provided that the excess of the cost of underground facilities over the cost of overhead facilities shall be paid to Company by the developer, builder, users of such underground facilities or the City In such designated areas, distribution feeder lines may be overhead and transformers and similar equipment may be pad -mounted The PAGE 2 City Council or the City Manager, acting on their behalf, may, upon petition by the Company, waive the requirement of underground installation if good cause is shown for such exemption As used in this section "Feeder lines" shall mean those electric lines that emanate from substations to distribute power throughout an area "Lateral lines" shall mean those electric lines that emanate from a feeder line and are used to distribute power to smaller areas of electric consumers These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse or disconnect switch "Service lines" shall mean those electric lines which, through a transformer, connect a lateral line to a customer's service entrance 6 Company shall, on or before the 15th day of each month, report to the City Engineer each opening or disturbance of the paved surface of any street, alley, highway, public right-of-way or public places by Company during the preceding month The surface of any street, alley, highway or public place within the City disturbed by the Company in building, constructing, renewing or maintaining its electric utility distribution system shall be restored within a reasonable time after the completion of the work to the condition existing prior to such work and such repair shall be maintained because of defective workmanship by Company for one (1) year from the date the surface of said street, alley, highway or public place is broken for such construction or maintenance after which time such maintenance shall become the responsibility of the City Company shall be responsible for promptly restoring, to as good condition as before the commence- ment of the Company's work, all streets, alleys, sidewalks and other paved areas covered by this agreement No such street, alley, highway, or public place shall be encumbered for a longer period than shall be necessary to execute work It is understood that it is not the intention of the parties hereto to create any liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto 7 Nothing herein shall enlarge, diminish, amend, affect or otherwise prejudice any certificate of convenience and necessity granted to either City or Company 8 Company's property and operations within the corporate limits of City shall be subject to such reasonable rules and regulations of City as may be authorized by applicable law for the protection of the general public Company shall comply with PAGE 3 all subdivision rules and regulations of City generally in effect to the extent that same are valid and authorized by applicable state or federal law Charges for installation or maintenance of street lighting, including extension costs charged to developers, shall be in accordance with Company's tariffs 9 This agreement supersedes and cancels all prior agreements between City and Company relating to matters herein set forth 10 This agreement shall terminate September 30, 1997 IN TESTIMONY WHEREOF, witness the ignatures o parties hereto, in duplicate original, this day of 1987 ATTEST 4, , CITY OF DENTON, TEXAS 'WR �=I- APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY -ZEBY If .. TEXAS POWER & LIGHT COMPANY, a division of Texas Utilities Electric Company BY TOM E BLAKEY EXECUTIVE VICE PRESIDENT PAGE 4 all subdivision rules and regulations of City generally in effect to the extent that same are valid and authorized by applicable state or federal law Charges for installation or maintenance of street lighting, including extension costs charged to developers, shall be in accordance with Company's tariffs 9.iThis agreement supersedes and cancels all prior agreements between City and Company relating to matters herein set forth 10 This agreement shall terminate September 30, 1997 IN TESTIMONY WHEREOF, witness t e ,&gnatures o arties hereto, in duplicate original, this day of , 1987 CITY OF DENTON, TEXAS INS� .% ATTEST' ORTV AIFEIC FLTERS, CITY SECRETARY APPROV�D AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY �( TEXAS POWER $ LIGHT COMPANY, a division of Texas Utilities Electric Company BY TOM H BLAKEY EXECUTIVE VICE ESIDENT PAGE 4 TARIFF FOR ELECTRIC SERVICE TEXAS UTILITIES ELECTRIC COMPANY 2001 Bryan Tower Dallas, Texas 75201 AN INVESTOR -OWNED ELECTRIC UTILITY TABLE OF CONTENTS DESCRIPTION OF UTILITY OPERATIONS CITIES AND COUNTIES SERVED RATES RULES AND REGULATIONS SECTION I II III IV Section No Sheet No TARIFF I I - - TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY November 13, 1984 ELECTRIC SERVICE -- Revision Page i anal 1 of _I Section Title Tar lff Name Applicable UTILITY OPERATIONS Entire System Texas Utilities Electric Company (Company) was Incorporated under the laws of the State of Texas In 1982 and has perpetual existence under the provisions of the Texas Business Corporation Act The Company Is an electric utility engaged in the generation purchase transmission distribu- tlon and sale of electricity wholly within the State of Texas The Company is a subsidiary of Texas Utilities Company (Texas Utilities) Texas Utilities has three other subsidiaries which perform specialized services at cost for the Company (1) Texas Utilities Services Inc furnishes financial, and other services (2) Texas Utilities Fuel Company acquires, stores, and delivers fuel qas and oil for the generation of electric energy and (3) Texas Utilities Mining Company mines and delivers lignite for the generation of electric energy Section No Sheet No TARIFF II 1 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY November 13, 1984 ELECTRIC SERVICE Revision Page 0 1 1 of Section Title r Tariff Name Applicable CITIES AND COUNTIES I I Entire System SERVED CITIES Abbott Buckholts Dalworthington Gardens Garrett Jewett Ackerly Buckingham Dawson Gholson Jolly Addison Buffalo Dean Glen Heights Josephine Aledo Burkburnett Decatur Godley Joshua Allen Burke DeLeon Golinda Justin Alma Burleson Denison Goodlow Kaufman Alvarado Bynum Denton Gorman Keene Alvord Caddo Mills DeSoto Graford Keller Andrews Cameron Diboll Graham Kemp Angus Campbell Dodd City Grand Prairie Kennedale Anna Caney City Dorchester Grandfalls Kerens Annetta Canton Dublin Grandview Killeen Annetta North Carbon Duncanville Granger Krum Annetta South Carrollton Early Grapeland Lacy -Lakeview Annona Cedar Hill Eastland Grapevine Ladonla Appleby Celina Ector Gun Barrel City Lake Bridgeport Archer City Centerville Edgecliff Gunter Lake Dallas Argyle Chandler Edgewood Haltom City Lake Worth Village Arlington Chico Edom Harker Heights Lakeside Athens Chireno Electra Haslet Lakeside City Aurora Clarksville Elgin Heath Lamesa Azle Cleburne Elkhart Hebron Lancaster Balch Springs Coahoma Emhouse Henrietta Latexo Bangs Cockrell Hill Enchanted Oaks Hewitt Lavon Bardwell Colleyvllle Ennis Hickory Creek Leona Barry Collinsville Euless Highland Park Leroy Bartlett Colorado City Eustace Hillsboro Llndale Bedford Comanche Everman Holland Lindsay Bellevue Commerce Fairview Holliday Llpan Bellmead Como Farmers Branch Honey Grove Little River Academy Belton Cool Fate Howe Loraine Benbrook Cooper Ferris Hubbard Lorene Beverly Hills Coppell Florence Hudson Lovelady Big Spring Copperas Cove Flower Mound Hudson Oaks Lowry Crossing Blanket Corinth Forest Hill Huntington Luella Blooming Grove Corsicana Forney Hurst Lufkin Blue Mound Crandall Forsen Hutchins Mabank Bonham Crane Fort Worth Hutto Malakoff Boyd Crockett Frisco Iowa Park Malone Breckenridge Crowley Frost Irving Mansfield Brownsboro Cumby Fuller Springs Italy Marshall Creek Brownwood Cushing Gainesville Itasca Marquez Brucevllle-Eddy Dallas Garland Jacksboro Maypearl TEXAS UTILITIES ELECTRIC COMPANY Section Title CITIES AND COUNTIES SERVED McGregor McLendon -Chisholm Melissa Mertens Mesquite Midland Midlothian Milano Mildred Milford Mlllsap Mineral Wells Monahans Moody Morgan's Point Resort Mount Calm Muenster Murchison Murphy Mustang Nacogdoches Navarro New Chapel Hill Newark Neylandville Nolanvllle Noonday North Richland Hill$ Northcrest O'Donnell Oak Grove Oak Point Oak Valley Oakwood Odessa Oglesby Ovilla Tariff Name Palestine Palmer Pantego Paris Parker Payne Sprinqs Pecan Gap Penelope Pflugervllle Plano Pleasant Valley Ponder Pottsboro Powell Poynor Prosper Pyote Quinlan Ranger Red Oak Reno (Decatur) Reno (Paris) Retreat Rhome Rice Richardson Richland Richland Hills River Oaks Roanoke Robinson Rockdale Rockwall Roqers Roscoe Round Rock Rowlett TARIFF FOR ELECTRIC SERVICE CITIES (Continued) Roxton Royse City Runaway Bay Sachse Sadler Saginaw Sansom Park Village Savoy Seaqoville Seymour Shady Shores Sherman Snyder Southlake Southmayd Sprinqtown Stanton Stephenville Streetman Sulphur Sprinqs Sunnyvale Sweetwater Taylor Temple Terrell The Colony Thorndale Thorntonvllle Thrall Tire Tool Trinidad Troy Tyler University Park Valley View Van Total Number of Cities 350 Section No Sheet No ___ I � Effective Date _November 13 1984 Revision Page Original 2 of Applicable Entire System Van Alstyne Venus Waco Watauqa Waxahachie Weatherford Wells West Westbrook Westover Hills Westworth White Settlement Wichita Falls Wickett Willow Park Wills Point Wilmer Windom Wink Wolfe City Woodway Wylie Yantis Zavalla Section No Sheet No TARIFF II _ 2 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November 13 1984 Revision Page Orl Inal 1 of i Section Title Tariff Name Applicable CITIES AND COUNTIES Entire System SERVED COUNTIES Anderson Fannin Navarro Andrews Fisher Nolan Angelina Freestone Palo Pinto Archer Gaines Parker Bastrop Glasscock Pecos Baylor Grayson Rains Bell Henderson Reagan Borden HIII Red River Bosque Hood Reeves Brown Hopkins Rockwall Burnet Houston Rusk Cherokee Howard Scurry Clay Hunt Shackelford Coke Jack Smith Coleman Johnson Stephens Collin Kaufman Sterling Comanche Kent Tarrant Cooke Lamar Terry Coryell Lampasas Tom Green Crane Leon Travis Culberson Limestone Trinity Dallas Loving Upton Dawson Lynn Van Zandt Delta Martin Ward Denton Mclennan Wichita Eastland Midland Wilbarger Ector Milam Williamson Ellis Mitchell Winkler Erath Montague Wise Falls Nacogdoches Wood Young Total Number of Counties - 91 Section No Sheet No TARIFF III 1 Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANY November 13 1984 _ _ Revision Page ELECTRIC SERVICE Original 1 of I Section Itle Tariff Name Applicable TABLE OF CONTENTS As Indicated Sheet Applicable No TABLE OF CONTENTS Entire System I A RESIDENTIAL SERVICE R Residential Service Rate Entire System 1 RLL Residential Limited Load Service Rate Entire System 2 RTU Residential Time -of -Use Rate Entire System 3 B GENERAL SERVICE G General Service Rate Entire System I HV High Voltage Service Rate Entire System 2 GL Guard Light Service Rate Entire System 3 1 Interruptible Service Rider Entire System 4 S Standby Supplementary, and Maintenance Service Rider Entire System 5 T Temporary Service Rider Entire System 6 INS Warning Siren Rider Entire System 7 C MUNICIPAL SERVICE MP Municipal Pumping Service Rate Entire System 1 MS Miscellaneous Municipal Type Service Rate Entire System 2 SL Street Lighting Service Rate Entire System 3 D OTHER FC Base Rate Fuel Component Entire System i M Miscellaneous Service Charges Entire System 2 SPA S P A Withdrawals Entire System 3 SPP Small Power Production Entire System 4 TW Firm Transmission Wheeling Service Entire System 5 WP Wholesale Power Entire System 6 -- -- Section No Sheet No III -A I TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY ELECTRIC FOR SERVICE Nov er 1 1984 Revision Page Original I of 1 Section Title Tariff Name Applicable RATE R Entire System RESIDENTIAL SERVICE RESIDENTIAL SERVICE APPLICATION Applicable to all customers for electric service supplied at one point of delivery and measured through one meter used for residential purposes In an Individual private dwelling or In an Individually metered apartment for which no specific rate Is provided Not applicable to temporary, shared, or resale service TYPE OF SERVICE Single phase, 60 hertz, at 120/240 Volts Where service of the type desired by Customer Is not already available at the point of delivery additional charges and special contract arrangements between the Company and Customer may be required prior to it being furnished MONTHLY RATE Customer Charge $6 00 Energy Charge Billing Months of May - October Billing Months of November - April 4 15% per kWh 4 154 per kWh first 600 kWh 1 43% per kWh all additional kWh Minimum $6 00 Fuel Cost Plus an amount for fuel cost calculated In accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days thereafter AGREEMENT An Agreement for Electric Service with a term of not less than one year is required when special contract arrangements are Involved NOTICE Service hereunder Is subject to the orders of regulatory bodies having Jurisdiction and to the Companyts Tariff for Electric Service Section No Sheet No TEXAS UTILITIES ELECTRIC COMPANY Section Title RESIDENTIAL SERVICE APPLICATION TARIFF FOR ELECTRIC SERVICE Tariff Name Effective Date Revision I Page Applicable RATE RLL I Entire System RESIDENTIAL LIMITED LOAD SERVICE Applicable to any customer for all electric service suppl led at one point of delivery and measured through one meter used for residential purposes In an individual private dwelling or In an Individually metered apartment This rate Is offered as an optional experimental rate and is limited to 6000 customers and may be withdrawn by Company after one year The selection of participants from among the applicants for service Is at the sole discretion of the Company Not applicable to temporary, shared, or resale service TYPE OF SERVICE Single phase, 60 hertz, at 120 volts A load Ilmiting device will be Installed between Company's meter base and meter which will not allow current flow in excess of 15 amps MONTHLY RATE Rate 4 15F per kWh Minimum $1 00 Fuel Cost Plus an amount for fuel cost calculated in accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days thereafter AGREEMENT The term of service Is for one year If Customer terminates service on this rate, such Customer Is Ineligible for service under this rate for a period of one year from termination date NOTICE Service hereunder is subject to the orders of regulatory bodies having Jurisdiction and to the Company's Tariff for Electric Service Section No Sheet 3 No TEXAS UTILITIES TARIFF III -A Effective Date ELECTRIC COMPANY FOR November 13, 1984 ELECTRIC SERVICE Revision Page —Or IQ Ina 1 of 2 Section Title Tariff Name Applicable RATE RTU Entire System RESIDENTIAL SERVICE RESIDENTIAL TIME -OF -USE SERVICE G1;I9s1P 1Qr]J Applicable to any Customer for all electric service supplied at me point of delivery and measured through one meter used for residential purposes In an Individual private dwelling or In an Individually metered apartment This rate Is offered as an optional experimental rate and Is limited to 2000 customers The selection of participants from among the applicants for service on this rate is at the sole discretion of the Company Not applicable to temporary, shared, or resale service TYPE OF SERVICE Single phase, 60 hertz, at 120/240 volts Where service of the type desired by Customer Is not already available at the point of delivery additional charges and special contract arrangements between the Company and Customer may be required prior to Its being furnished MONTHLY RATE Customer Charge Energy Charge Minimum $9 00 Fuel Cost $9 00 On -Peak Hours 15 529 per kWh Off -Peak Hours 1 430 per kWh Plus an amount for fuel cost calculated in accordance with Rider FC Payment 8111s are due when rendered and become past due If not paid within 16 days thereafter DEFINITIONS On -peak hours are the 8 hours between 12 noon and 8 p m each weekday (Monday -Friday), during the billing months of June through October All remaining hours are off-peak AGREEMENT The term of service is for one year If Customer terminates service on this rate, said Customer Is Ineligible for service under this rate for a period of one year from termination date If Customer terminates service before the end of the Initial one year term of serv- ice, the final bill will Include an adjustment for the amount by which billing on Residential Service Rate R exceeds the billing rendered on this rate If service Is ter- minated due to the Company's withdrawing this rate, the above adjustment to the final bill does not apply Section No Sheet No --- III -A 1 3 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13 1984 ELECTRIC SERVICE -- Revision Page Original 2 of 2 Sectlon Title Tariff RESIDENTIAL TIME -OF -USE SERVICE Applicable RESIDENTIAL SERVICE Entire System NOTICE Service herunder Is subject to the orders of regulatory bodies havinq Jurisdiction and to the Companyts Tariff for Electric Service Section No Sheet No TARIFF III-B 1 TEXAS UTILITIES Effective Date ELECTRIC COMPANY FOR ELECTRIC SERVICE November 13, 1984 Revision Page 0 1 1 of 3 Section Title Tariff Name Applicable RATE G GENERAL SERVICE GENERAL SERVICE Entire System APPLICATION Applicable to any Customer for all electric service supplied at one point of delivery and measured through one meter Each location Is metered and billed separately and a demand meter is required when maximum kW is 10 kW or higher Applicable to temporary construction power standby, supplementary maintenance or Interrup- tible service In conjunction with the appropriate rider Not applicable to resale or shared service TYPE OF SERVICE Single or three phase 60 hertz at any one of the Company's available standard service voltages as required by Customer Where service of the type desired by Customer Is not already available at the point of delivery additional charges and special contract arrangements between the Company and Customer may be required prior to Its being furnished If Customer takes service at primary voltage Company may at Its option meter service on the secondary side of Customer's transformers and adjust for transformer losses In accordance with Company's Tariff for Electric Service MONTHLY RATE Customer Charge Demand Charge Energy Charge $10 00 $4 05 per kW of demand in excess of 10 kW $1 00 per kW for each current month kW In excess of the contract kW Customer with Metered Demand 4 50% per kWh first 2500 kWh 2 50% per kWh next 3500 kWh* 0 679 per kWh all additional kWh without Metered Demand 4 50% per kWh first 2500 kWh 2 50% per kWh all additional kWh *Add 170 kWh per kW of demand In excess of 10 kW Primary Service Credit E2 50 plus $0 35 per kW of demand In excess of 10 kW and 0 100 per kWh for each kWh billed at 0 67¢ when service Is provided at the most available primary distribution voltage Fuel Cost Plus an amount for fuel cost calculated in accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days there- after Bills are Increased by 3% If not paid within 20 days after being rendered Section No Sheet No TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page Original 2 of Section Title Tariff Name Applicable RATE G GENERAL SERVICE GENERAL SERVICE Entire System DEMAND DETERMINATION Demand for calculation of the monthly bill Is determined in accordance with the following provisions A Demand is the smaller of 1) the highest 15-minute kW recorded during the current month 2) on -peak kW plus 25% of the current month kW In excess of the on -peak kW This provision applies only If Customer has a stable, recurring annual pattern of use and at least one full month of actual on -peak history or an estimate thereof which is representative of such annual pattern of use 8 But Is not less than the highest of 1) 80% of the (on -peak kW - 15 kW) 2) 50% of the (contract kW - 15 kW) 3) 50% of the highest 15-minute kW recorded at the premises In the 12 month period ended with the current month In excess of 15 kW DEFINITIONS On -peak kW Is the highest 15-minute kW recorded during the billing months of June through September In the 12-month period ended with the current month For a customer cont-acting for new service on -peak kW Is the current month kW until Customer establishes such demand through on -peak use unless in Company's sole Judgment sufficient data exists for Company to estimate on -peak kW until Customer establishes on -peak history through actual use Contract kW is the maximum kW specified In the Agreement for Electric Service Current month kW Is the highest 15-minute kW recorded at the premises during the current month TIME -OF -DAY OPTION At Customer's option and after completion of necessary contract arrangements and Installation of necessary metering equipment the on -peak kW used In determining billing demand Is based upon the highest 15-minute kW recorded during the Company's on -peak hours In the 12-month period ended with the current month On -peak hours are the eight hours between 12 noon and 8 p m each weekday (Monday -Friday) excluding July 4 and Labor Day during the calendar months of June through September An additional monthly charge of $10 00 is made when Customer selects time -of -day option On -peak kW must be established by actual use during Company's on -peak hours before billing under time -of -day option becomes effective Service hereunder may be commenced only at the beglnninq of an on -peak month Company reserves the right to discontinue this option to additional customers If, In the Company's Judgment system load characteristics no longer warrant such option Section No Sheet No TARIFF III-B 1 TEXAS UTILITIES Effective Date ELECTRIC COMPANY FOR November 13 1984 ELECTRIC SERVICE Revision Page Original 3 of 3 Section Title Tariff Name Applicable RATE G Entire System GENERAL SERVICE GENERAL SERVICE AGREEMENT An Agreement for Electric Service with a term of not less than one year Is required for customers having maximum electrical loads of 500 kW or more customers selecting the time -of -day option when special contract arrangements are Involved and may be required for loads under 500 kW NOTICE Service hereunder Is subject to the orders of regulatory bodies having Jurisdiction and to the Company's Tariff for Electric Service TEXAS UTILITIES ELECTRIC COMPANY Section Title GENERAL SERVICE APPLICATION Tariff Name TARIFF FOR ELECTRIC SERVICE RATE HV HIGH VOLTAGE SERVICE Section No Sheet No III-B 1 2 Effective Date November 13 1984 Revision I Page Applicable Entire System Applicable to any Customer contracting for electric service of not less than 5000 kW at transmission voltage supplied at one point of delivery and measured through one meter Applicable to standby supplementary maintenance or Interruptible service In conjunction with the appropriate rider Not applicable to shared resale, or temporary service TYPE OF SERVICE Three phase 60 hertz at the most available transmission voltage Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer my be required prior to Its being furnished Company may at Its option meter service on the secondary side of Customer's transformers and adjust for transformer losses In accordance with Company's Tariff for Electric Service MONTHLY RATE Customer Charge $1,320 00 Demand Charge $5 19 per kW of demand fl 00 per kW for each current month kW In excess of the contract kW Energy Charge 0 52% per kWh all kWh Fuel Cost Plus an amount for fuel cost calculated in accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days thereafter Bills are Increased by 3% if not paid within 20 days after being rendered DEMAND DETERMINATION Demand for calculation of the monthly bill is determined in accordance with the following provisions A Demand Is the smaller of 1) the highest 15-minute kW recorded during the current month 2) on -peak kW plus 25% of the current month kW In excess of the on -peak kW This pro- vision applies only if Customer has a stable, recurring annual pattern of use and at least one full month of actual on -peak history or an estimate thereof which Is representative of such annual pattern of use B But is not less than the highest of 1) 80% of the on -peak kW 2) 50% of the contract kW 3) 50% of the highest 15-minute kW recorded at the premises in the 12 month period ended with the current month Section No Sheet No 111-8 2 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13 1984 ELECTRIC SERVICE Revision Page Original 2 of 2 Section Title Tariff Name Applicable RATE HV Entire System GENERAL SERVICE HIGH VOLTAGE SERVICE DEFINITIONS On -peak kW is the highest 15-minute kW recorded during the billing months of June through September in the 12-month period ended with the current month For a Customer contracting for new service, on -peak kW Is the current month kW until Customer establishes such demand through on -peak use, unless, In Company's sole Judgment, sufficient data exists for Company to estimate on -peak kW until Customer establishes on -peak history through actual use Contract kW is the maximum kW specified in the Agreement for Electric Service but not less than 5000 kW Current month kW is the highest 15-minute kW recorded at premises during the current month TIME -OF -DAY OPTION At Customer's option and after completion of necessary contract arrangements and Installa- tion of necessary metering equipment, the on -peak kW used in determining billing demand Is based upon the highest 15-minute kW recorded during the Companyts on -peek hours in the 12-month period ended with the current month On -peak hours are the eight hours between 12 noon and 8 p m each weekday (Monday -Friday) excluding July 4 and Labor Day during the calendar months of June through September An additional monthly charge of $10 00 Is made when Customer selects time -of -day option On -peak kW must be established by actual use during Company's on -peak hours before billing under time -of -day option becomes effective Service hereunder may be commenced only at the beginning of an on -peak month Company reserves the right to discontinue this option to additional customers If, in the Company's Judgment system load characteristics no longer warrant such option AGREEMENT An Agreement for Electric Service with a term of not less than three years Is required NOTICE Service hereunder is subject to the orders of regulatory bodies having Jurisdiction and to the Company's Tariff for Electric Service Section No Sheet No III-B 3 TEXAS UTILITIES TARIFF Effective Date FOR ELECTRIC COMPANY ELECTRIC SERVICE November 13 1984 Revision Page Original 1 of 2 Section Title Tariff Name Applicable RATE GL Entire System GENERAL SERVICE GUARD LIGHT SERVICE APPLICATION Applicable to any Customer for unmetered lighting service suppi led exclusively to one or more outdoor lamps as specified below operatinq automatically from dusk to dawn Not applicable to street lighting MONTHLY RATE Rate Mercury Vapor Watts kWh Lumens Cost 175 70 7,000 $ 6 45 400 150 20 000 $ 9 20 Sodium Vapor Watts kWh Lumens Cost 100 40 9 500 E 6 75 200 80 22 000 $ 9 55 Extra Spans Plus $3 15 per span of secondary line Installed hereunder In excess of one span per light Fuel Cost Plus an amount for fuel cost calculated In accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days there- after Bills for nonresidential service customers are Increased by 3$ if not paid within 20 days after beinq rendered INSTALLATION AND MAINTENANCE OF FACILITIES Company wlII Install at each lamp location one complete overhead Iuminaire of an approved design on an existing Company -owned wood pole or on an additional 30 or 35 foot wood pole as appropriate for the light size, at an agreed upon location at a distance not to exceed one span of line from Company's existing secondary distribution lines or from any other lamp loca- tion served hereunder Company will maintain all facilities Incidental to providing this service Including replace- ment of burned -out lamps Section No sheet No TARIFF III-B 3 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November 13 1984 Revision Page Original 2 of 2 Section Title Tariff Name Applicable GENERAL SERVICE RATE GL Entire System GUARD LIGHT SERVICE INSTALLATION AND MAINTENANCE OF FACILITIES (Continued) If a Ilght Is Installed at Customer's request at a location requiring more than one span of I Ins, an additional charge as provided hereln Is made for the number of spans of IIns Installed in excess of the number of lights Installed If a transformer is Installed specifi- cally to serve lights hereunder, Customer Is required to make a non-refundable payment to Company of $3600 in addition to other applicable charges Company reserves the right to refuse or discontinue service at locations where excessive meIn- tenance and/or lamp replacements are, in Company's sole Judgment, likely to or actually do occur Additional charges and contract arrangements may be required when poles must be set by hand, and/or If unusual or excessive construction costs are Involved, and are required If underground service Is desired CONVERSION OF MERCURY VAPOR LUMINAIRES TO SODIUM VAPOR Company will convert existing Company -owned mercury vapor luminaires to sodium vapor lumi- naires upon request of and payment by Customer of $58 00 for each Iuminaire to cover the labor cost of removal and Company's average unamortlzed Investment In the mercury vapor luminaires AGREEMENT An Agreement for Electric Service with a term of not less than one year is required for new Installations NOTICE Service hereunder Is subject to the orders of regulatory bodies having Jurisdiction and to the Company's Tariff for Electric Service Section No Sheet No TARIFF 111-B 1 4 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page -Original 1 of 3 Section Title Tariff Name Applicable GENERAL SERVICE RIDER 1 Entire System INTERRUPTIBLE SERVICE APPLICATION Applicable In conjunction with General Service Rate G or High Voltage Service Rate HV to any Customer who has 5,000 kW, or more, of separately metered and controlled interruptible load as defined below The total system Interruptible load served hereunder may not exceed an amount determined solely by Company based on Its operating rules and standards Not applicable in conjunction with other riders associated with aforesaid rate schedules unless specifically provided for under such riders The terms of the Agreement for Service and the applicable rate schedule are modified on I as shown herein DEMAND DETERMINATION The Demand shall be the Firm Power Demand* plus 25% of that portion of the Customer's Total Requirement Demand* that is In excess of the Firm Power Demand*, but not less than the larger of a Firm Power Demand plus 1250 kW b 25% of the Total Requirement Demand recorded at any time during the 12 months ending with the current month c 25% of the maximum electrical load requirement specif led In the Agreement for Electric Service The minimum contract demand limitation contained In General Service Rate G or High Voltage Rate HY, as applicable, cannot override the demand credit for Interruptible service *Firm Power Demand and Total Requirement Demand shall be determined in a manner Identical to that provided for Demand on the applicable rate schedule Section No Sheet No TARIFF III-B 1 4 TEXAS UTILITIES Effective Date ELECTRIC COMPANY FOR November 13 1984 ELECTRIC SERVICE Revision Page 1 1 2 of 3 Section Title Tariff Name Applicable GENERAL SERVICE RIDER I Entire System INTERRUPTIBLE SERVICE CIRCUITRY, INTERRUPTIBLE EQUIPMENT, AND METERING The circuit supplying the Interruptible load together with Interruptible equipment and Company's recording equipment shall be In accordance with the following diagram, or In a wiring con- figuration that would provide equivalent control and metering Information Incoming Circuit Total Requirement Meter Interrupting Equipment Firm Power Meter Interruptible Firm Power L I I Load CONDITIONS OF SERVICE I The Company shall install the necessary switch gear underfrequency relays, manual controls, remote controls, monitoring devices, and related equipment as determined necessary by the Company to Interrupt the interruptible load Such Interrupting facilities shall be under the exclusive control of the Company, and the Installation and maintenance of such facili- ties shall be at the expense of the customer Section No Sheet No III-B 4 TEXAS UTILITIES TARIFF FOR Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November 1 1984 Revision Page Ori Inal 3 of 3 Section Title Tariff Name Applicable GENERAL SERVICE RIDER I Entire System INTERRUPTIBLE SERVICE 2 An Agreement for Electric Service will be required for an initial period of 5 years when service Is first rendered under this rider and for subsequent periods of 2 years thereafter continuing until cancelled by either party by written notice 1 year In advance of the and of the initial period or any subsequent period 3 If It is determined at any time by Company that the Customer has not acted appropriately so that there can be compliance with the provisions of this rider then the Customer's Total Requirement will be Immediately billed on the rate schedule for firm power for the period since service was first commenced under this rider, or for the two year period Just prior to such determination, whichever period is less The difference between the actual bills ren- dered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital compounded monthly from such month to date as determined in the Company's most recent rate case by the Public Utility Commission of Texas Such adjusted difference shall Immediately become due by Customer to Company 4 Electric service to the Interruptible load shall be Interrupted by Company, with or without notice, or by Customer at the request of the Company should such action be deemed necessary by Company The Company will endeavor to provide notice some hours in advance of probable Interruption and, If possible, a second notice of positive Interruption The period of Interruption shall be limited as follows with a minimum credit of 15 minutes toward each limit of less then 15 minutes duration a Dally - No longer than 12 hours In any 24 hours period b Annual - No longer than 400 hours during the 12 months endinq with the current month Interruptions which are not initiated by Company are not credited toward Interruption I lmlts Section No Sheet No TARIFF III-B 1 5 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November Revision Page Ori Inel 1 of 1 Section Title Tariff Name Applicable RIDER S GENERAL SERVICE STANDBY, SUPPLEMENTARY AND MAINTENANCE Entire System SERVICE APPLICATION Applicable to electric service provided under General Service Rate G, or High Voltage Service Rate HV when Customer has a source of power available not held solely for emergency use, for which the Company's service may be substituted, either directly or Indirectly, or used as a standby, supplementary, or maintenance power supply Not applicable In conjunction with other general service riders The provisions of General Service Rate G, or High Voltage Service Rate HV, are modified only as shown herein DEMAND DETERMINATION Demand Is as stated in applicable rate, except that the bi l l lnq demand is not less than the on -peak kW CREDIT FOR ENERGY DELIVERED INTO COMPANY'S SYSTEM If Customer -produced energy is fed back Into the Company's system an amount equal to fuel cost calculated in accordance with Rider FC Fuel Cost, as applicable to such energy Is credited monthly provided that Customer has paid Company for necessary added metering pro- tective, and other equipment as determined by Company If Customer Is a qualifying small power producer or a cogenerator as defined by appropriate laws and/or regulatory authorl- ties, customer -produced energy is paid for as specified in the Agreement for Electric Service SPECIAL CONDITIONS Where Customer's source of power Is connected either electrically or mechanically, to equipment which may be concurrently operated by service provided by Company, Customer must Install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service AGREEMENT An Agreement for Electric Service Is required The maximum electrical load specified In the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load which may be carried all or part of the time by Customer's generator or prime mover or other source of energy Section No Sheet No I11-B 6 TARIFF TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision I Page —Original 1 of 1 Section Title Tariff Name Applicable RIDER T GENERAL SERVICE TEMPORARY SERVICE Entire System APPLICATION Applicable to electric service provided under General Service Rate G for construction power service for any period of time or for other types of service when such service Is to be used for less than 12 consecutive months Not applicable in conjunction with other General Service Riders or with the time -of -day option under Rate G The provisions of General Service Rate G are modified only as shown herein MONTHLY RATE In accordance with the terms of General Service Rate G except 1) The Monthly Rate is appl led on the basis of the actual length of time service Is connected but not less than 30 days, and the minimum bill is not less than $11 00 for each bill rendered 2) A nonrefundable service charge of 10% of the amount due under Rate G, excluding Fuel Cost, Is added SPECIAL CONDITIONS The billing demand is in no event less than the current month kW Customer pays, In advance, the cost of material, labor, and supplies used by the Company in Installing moving and removing all equipment necessary to furnish service, as set forth In Rate M Miscellaneous Service Charges Service to be connected for a period of 3 days or less my, at Company's option, be unme- tered and billed on estimated demand and kilowatt-hour usage provided however, that the kilowatt-hours are based on not less than 50% utilization of the connected load during the service period AGREEMENT The agreement for electric servl ce, If required may be for less than one year Section No Shoot No III-8 7 TEXAS UTILITIES T"FORP Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November 1984 Revision Page Original I of 1 Section Title Tariff Name Applicable GENERAL SERVICE RIDER WS Entire System WARNING SIREN SERVICE APPLICATION Applicable to municipalities for nonmetered electric service In conjunction with General Service Rate G for operation of three-phase warning sirens when in Companyrs judgment the monthly kWh use does not exceed 5 kWh Not applicable to single-phase warning sirens any other devices or related service, or in con- junction with any other riders The provisions of General Service Rate G are modified only as shorn MONTHLY RATE In accordance with General Service Rate G, except monthly use Is billed at 3 kWh and a billing credit of $1 00 per month Is applied SPECIAL CONDITIONS If Company determines at any time that monthly use is in excess of 5 kWh, Customer Is required, upon Company's request, to Install a meter base and loop, If not already In place, so that nor- mal metered service under General Service Rate G may be resumed Section No Sheet No II-C 1 TEXAS UTILITIES TARIFF FOR Effective Date ELECTRIC COMPANY Nov ber ELECTRIC SERVICE Revision Page Orig Inal I of 3 Section Title Tariff Name Applicable RATE MP MUNICIPAL SERVICE MUNICIPAL PUMPING SERVICE Entire System APPLICATION Applicable to municipalities water, and sewage utilities for electric service used for water and sewage pumping Including usage Incidental to such service Each location is metered and billed separately and a demand meter is required when maximum kW is 10 kW or higher Not applicable to temporary shared standby supplementary maintenance or resale service TYPE OF SERVICE Single or three phase 60 hertz at any one of the Companyls available standard service voltage as required by Customer Where service of the type desired by Customer is not already available at the premises to be served additional charges and special contract arrangements between the Company and Customer may be required prior to Its being furnished If Customer fakes service at rimary voltage Company may at Its option meter service on the secondary side of Customer's nsformers and adjust for-ansformer losses in accordance with Company's Tariff for Electric Ice MONTHLY RATE Customer Charge SID 00 Demand Charge EI 26 per kW of demand in excess of 10 kW Energy Charge Customer with Metered Demand Customer without Metered Demand 3 159 per kWh first 2500 kWh 3 15V per kWh first 2500 kWh 2 509! per kWh next 3500 kWh" 2 509! per kWh all additional kWh 1 41% per kWh all additional kWh *Add 170 kWh per kW of demand In excess of 10 kW Primary Service Credit E2 50 plus EO 20 per kW of demand In excess of 10 kW when service Is provided at the most available primary distribution voltage Fuel Cost Plus an amount for fuel cost calculated in accordance with Rider FC Payment Bills are due when rendered and become past due if not paid within 16 days thereafter Bills are Increased by 3% If not paid within 20 days after being rendered Section No Sheet No I TEXAS UTILITIES ELECTRIC COMPANY TARIFF FOR ELECTRIC SERVICE III-C I Effective Date November 13 1984 Revision Page 1 Inel 2 of 3 Section Title Tariff Name Applicable MUNICIPAL SERVICE RATE MP MUNICIPAL PUMPING SERVICE Entire System DEMAND DETERMINATION Demand for calculation of the monthly bill Is determined in accordance with the following provisions A Demand is the smaller of 1) the highest 15-minute kW recorded during the current month 2) on -peak kW plus 25% of the current month kW in excess of the on -peak kW This provision applies only if Customer has a stable, recurring, annual pattern of use, and at least one full month of actual on -peak history, or an estimate thereof, which Is representative of such annual pattern of use B But is not less than the highest of 1) 80% of the (on -peak kW - 15 kW) 2) 50% of the (contract kW - 15 kW) 3) 50% of the highest 15-minute kW recorded at the premises In 12 month period ended with the current month in excess of 15 kW DEFINITIONS On -peak kW Is the highest 15-mI nute kW recorded during the bl l l ing months of June through September In the 12-month period ended with the current month For a Customer contracting for new service, on -peak kW Is the current month kW until Customer establishes such demand through on -peak use unless in Companyfs sole Judgment, sufficient data exists for Company to estimate on -peak kW until Customer establishes on -peak history through actual use Contract kW Is the maximum kW specified in the Agreement for Electric Service Current month kW is the highest 15-minute kW recorded at the premises during the current month TIME -OF -DAY OPTION At Customer's option and after completion of necessary ontract arrangements and Installation of necessary metering equipment, the on -peak kW used In determining billing demand Is based upon the highest 15-minute kW recorded during the Company's on -peak hours In the 12-month period ended with the current month On -peak hours are the eight hours between 12 noon and 8 p m each weekday (Monday -Friday) excluding July 4 and Labor Day during the calendar months of June through September An additional monthly charge of $10 00 is made When Customer selects time -of -day option On - peak must be established by actual use during Company's peak hours before billing under time -of - day option becomes effective Service hereunder may be commenced only at the beginning of an on -peak month Company reserves the right to discontinue this option to additional Customers if, In the Companyts Judgment system load characteristics no longer warrant such option Section No Sheet No TARIFF III-C 1 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page —Original 3 of 3 Section Title Tariff Name Applicable MUNICIPAL SERVICE RATE W Entire System MUNICIPAL PUMPING SERVICE AGREEMENT An Agreement for Electric Service with a term of not less than one year Is required for Customer having maximum electrical loads of 500 kW or more, customers selecting the time -of -day option, when special contract arrangements are Involved, and may be required for loads under 500 kW NOTICE Service hereunder is subject to the orders of regulatory bodies have Jurisdiction and to the Companyts Tariff for Electric Service Section No Sheet No TARIFF III-C 1 2 TEXAS UTILITIES Effective Date ELECTRIC COMPANY FOR ELECTRIC SERVICE November 13, 1984 Revision Pegs I I 1 of 1 Section Title Tariff Name Applicable RATE MS Entire System MUNICIPAL SERVICE MISCELLANEOUS MUNICIPAL TYPE SERVICE y APPLICATION Applicable to electric service to municipalities where the Company provides electric service at retail common or Independent school district facilities and to ball parks, stadiums, or arenas where field of play lighting Is not less than 85% of the total connected load Each location Is metered and billed separately and a demand meter Is required when maximum kW is 10 kW or higher Applicable to existing nonmetered traffic signal service Installed prior to the effective date of this schedule Nonmetered traffic signal service Is not available to new Installations Not applicable to temporary, shared, standby, supplementary, maintenance, or resale service TYPE OF SERVICE Single or three phase, 60 hertz, at any one of the Company's available standard service voltages as required by Customer Where service of the type desired by Customer is not already available at the point of delivery special contract arrangements between the Company and Customer may be required prior to Its being furnished MONTHLY RATE Customer Charge $15 00 Energy Charge Billing Months of May -October Billing Months of November -April 4 19% per kWh 2 504 per kWh Fuel Cost Plus an amount for fuel cost calculated In accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days thereafter Bills are Increased by 3% If not paid within 20 days after being rendered DETERMINATION OF ENERGY FOR NDNMETERED TRAFFIC SIGNAL SERVICE (closed to new Installations) Electric energy supplied for the operation of a non -metered traffic signal lens Is assumed to be 24 kWh per month A lens Is any openinq through which light shines for the purpose of controlling traffic AGREEMENT An Agreement for Electric Service with a term of not less than one year Is required for customers having maximum electrical loads of 500 kW or more, and may be required for loads under 500 kW NOTICE Service hereunder Is subject to the orders of regulatory bodies having Jurisdiction and to the Company's Tariff for Electric Service Section No Sheet No III-C 3 TEXAS UTILITIES TFORFF Effective Date ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page I I 1 of 4 Section Title Tariff Name Applicable RATE SL MUNICIPAL SERVICE STREET LIGHTING SERVICE Entire System APPLICATION Applicable to governmental entitles for street lighting service to areas served retail by Company Not applicable to temporary shared, standby supplementary maintenance or resale service TYPE OF SERVICE Single or three phase 60 hertz at any of the Company's standard service voltages as required by Customer Where existinq distribution facilities are not adjacent to the point of delivery addi- tional charges and special contract arrangements between the Company and Customer may be required prior to Its beinq furnished If Customer takes service at primary voltage Company may at Its option meter service on the secondary side of Customers transformers and adjust for transformer losses in accordance with Company's Tariff for Electric Service MONTHLY RATE - UNMETERED FACILITIES Customer Charge $25 00 Luminalre Charqe per Luminalre _ Lamp _ Schedule Wattage Lumens kWh _- A 8 C _ D Rectangular Post -Top Mercury Vapor 175 7 000 70 E 5 10 E 8 30 E 2 25 $ 1 25 $33 55 $15 10 400 20,000 150 7 75 12 25 4 00 2 70 N A N A 1 000 59 000 370 11 90 18 50 9 25 6 65 N A N A Sodium Vapor 100 9 500 40 E 5 35 E e 60 E 3 00 E 0 70 N A $16 80 150 16 000 70 6 35 9 95 N A 1 25 N A 40 80 200 22 000 80 7 85 12 25 3 75 1 45 N A N A 250 27,000 100 8 20 12 60 N A 1 80 N A N A 400 50 000 160 9 80 16 35 5 20 2 90 N A N A 1,000 130 000 375 N A 21 50 N A 6 75 N A N A Metal Halide 400 34 000 150 N A N A N A E 2 70 $32 95 N A 1,000 90 000 365 N A $18 85 N A 6 55 63 55 N A Other Incandescent* Wallpack Up to 116W 189W 295W or more Fluorescent* Mercury Vapor-250W* Historical $1 75 E3 00 $5 00 $18 00 E 9 75 E 76 50 *Closed to new street lighting Installations TARIFF ISectioInI-No Sheet 3 No TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November 13, 1984 Revision Page 0rl Inel 2 of 4 Section Title Tariff Now Applicable RATE SL Entire System MUNICIPAL SERVICE STREET LIGHTING SERVICE MONTHLY RATE - UNAETERED FACILITIES (COnTlnuea/ Fuel Cost Plus an amount for fuel cost calculated In accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days thereafter Bills are Increased by 3% If not paid within 20 days after being rendered MONTHLY RATE - METERED FACILITIES-NONCOMPANY-OWNED Applicable for electric service supplied at one point of delivery and measured through one meter to customers owning operating and maintaining street and highway lighting and Incidental safety lighting equipment which operates same hours as normal street lighting Customer Charge $25 00 Energy Charge 1 80% per kWh Primary Service Credit SID 00 Fuel Cost Plus an amount for fuel cost calculated In accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days thereafter Bills are Increased by 3% If not paid within 20 days after being rendered MONTHLY RATE - METERED FACILITIES - COMPANY -OWNED (Closed to new Installations) Customer Charge $15 00 Energy Charge 6 00% per kWh Fuel Cost Plus an amount for fuel cost calculated In accordance with Rider FC Payment Bills are due when rendered and become past due If not paid within 16 days thereafter Bills are Increased by 3% If not paid within 20 days after being rendered DEFINITIONS Schedule A applies to Group 1 -- Company installed, owned, operated and maintained overhead multiple street lights mounted on wood poles Group 2 -- Company Installed, owned, operated and ma lntalned overhead multiple street lights mounted on steel or other ornamental poles of a type normally used by Company, and Customer or a developer has contributed to Company an amount equivalent to the dif- ference between the total Installed cost of such street lighting and the total Installed cost If served overhead with lights mounted on wood poles Group 3 -- Company Installed, owned, operated, and me lntalned underground multiple street lights mounted of steel or other ornamental poles of a type normally used by Company, and Customer or a developer has contributed to Company an amount equivalent to the difference between the total Installed cost of such street lighting and the total installed cost If served overhead with lights mounted on wood poles TEXAS UTILITIES ELECTRIC COMPANY Section Title I Tariff Name MUNICIPAL SERVICE Schedule A (Continued) Section No Sheet No I11-C 3 TARIFF Effective Date FOR ELECTRIC SERVICE Revision Page RATE SL STREET LIGHTING SERVICE Applicable Ent Ire System Group 4 -- Company Installed owned, operated and maintained underground multiple street lights mounted on wood poles and Customer or developer has contributed to Company an amount equivalent to the difference between the total Installed cost of such street lighting and the total Installed cost if served overhead Group 5 -- Company Installed, owned operated and maintained rectangular, post -top or histori- cal street light Installations of a type normally used by Company, and Customer or a developer has contributed to Company an amount equivalent to the difference between the total Installed cost of such street lighting and the total Installed cost if served overhead witn lights mounted on wood poles Schedule B applies to Group I -- Company Installed owned operated and maintained overhead multiple street lights mounted on steel or other ornamental poles of a type normally used by Company If the number of steel and/or other ornamental poles exceeds the number of such poles on which lights are mounted there will be an additional charge of $7 00 per month for each such excess pole Where two street lights with lamps of the same size are mounted on the same steel and/or other ornamental pole, Schedule B applies to one of the lights and Schedule A to the other Group 2 -- Company Installed, owned operated, and maintained underground multiple street lights mounted on steel or other ornamental poles of a type normally used by Company and Customer or a developer has contributed to Company an amount equivalent to the difference between the total Installed cost of the underground circuits serving the street lights and the total Installed cost of overhead circuits Where two street lights with lamps of the same size are mounted on the same steel and/or other orna- mental pole, Schedule B applies to one of the lights and Schedule A to the other Schedule C" applies to Group I -- Multiple street lights Installed for the use of Customer by Customer or by a govern- mental subdivision All equipment replacement and maintenance Is performed by Customer or the governmental subdivision Company provides lamp replacement service only (unless otherwise requested In writing by Customer) Group 2 -- Company owned mutt pie street lights mounted on steel or other ornamental poles of a type not normally used by Company, and Customer or a developer has contributed to Company an amount equivalent to the entire construction cost of the street lighting facilities Including luminaires and circuits *Company operates all street lights under Schedule C (must be of a type suitable for use with the lamp sizes provided for herein) and makes all normal lamp replacements at Its expense All other maintenance will be billed to Customer on the basis of actual costs Including appropriate overhead expense Section No Sheet No I11-C 3 TEXAS UTILITIES TARIFF Effective Date FOR ELECTRIC COMPANY November 13, 1984 ELECTRIC SERVICE Revision Page Original 4 of 4 Section Title Tariff Name Applicable RATE SL MUNICIPAL SERVICE STREET LIGHTING SERVICE Entire System Schedule D applies to Customer operated and maintained multiple street lights or where such lights are Installed by a governmental subdivision for the use of Customer, and Company supplies only power and energy to Customer for the operation of the street lights Rectangular, Post -Top and Historical apply to Company Installed, owned, operated and maintained underground multiple street lights mounted on steel or other ornamental poles of a type normally used by Company and refer to specific fix- tures of a type normally used by Company as listed in the Company's standards catalog for street lighting equipment CONVERSION OF MERCURY VAPOR LUMINAIRES TO SODIUM VAPOR Company will convert existing Company -owned mercury vapor luminaires to sodium vapor luminaires upon request of and payment by Customer of $58 00 for each Iuminalre to cover the labor cost of removal and Company's average unamortized Investment In the mercury vapor luminaires SPECIAL CONDITIONS For billing purposes the monthly street lighting burning hours are 333 Customer owned unmetered lamps Installed prior to the effective date of this rate other than those of the lamp sizes shown under Schedule D are billed under the metered rate and the amount of monthly energy is determined by multiplying the connected load (including ballast) by the number of burning hours Company reserves the right to discontinue service at locations where excessive maintenance and/or lamp replacement occur, or Company may charge customer for such maintenance and/or lamp replace- ments Company makes all connections and disconnections to Its distribution system AGREEMENT An Agreement for Electric Service with a term of not less than ten years Is required NOTICE Service hereunder Is subject to the orders of regulatory bodies having Jurisdiction and to the Company's Tariff for Electric Service Section No Sheet No III-D 1 TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANY January 2B, 1987 ELECTRIC SERVICE Revision Page TWO 1 of 1 Section Title Tariff Name Applicable RIDER FC Entire System OTHER BASE RATE FUEL COMPONENT APPLICATION Applicable to all rate schedules which provide for inclusion of fuel cost hereunder The base rate fuel component Is added to the amount due from charges of the rate schedules under which electric service Is provided The base rate fuel component is billed In proportion to the number of kWh used NET MONTHLY BILL The base rate fuel component Is as follows Secondary voltage 2 2172% per kWh, all kWh Primary voltage 2 15459 per kWh, all kWh Transmission voltage 2 0993% per kWh, all kWh The amount to be bl l led Is determined by multiplying the kWh used by the appropriate base rate fuel component as determined by the voltage level of service, and is rounded to the nearest cent Secondary voltage Is less than 2,400 volts and primary voltage Is the most available voltage from 2 400 volts to 25,000 volts Section No Sheet No III-D 2 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR 1 ELECTRIC SERVICE November 1 Revision Page I I 1 of 4 Section Title Tariff Name Applicable OTHER RATE M Entire System MISCELLANEOUS SERVICE CHARGES APPLICATION Appl leable to all Customers served by the Company The service charges listed below are In addition to any other charges made under Company's Tariff for Electric Service, and will be applied for the appropriate condition described Other services not covered by these standard conditions will be charged on the basis of an estimate for the Job or the Company's cost Charge No Name and Description Amount I Returned Check Charge Is made for each Customer's check returned f 6 00 unpaid by a financial institution for any reason 2 Reconnect Charge Is made when Customer requests reconnection of electric service after having been disconnected In accordance with Company's Tariff for Electric Service a Reconnect at meter 1) During regular working hours f 17 00 2) Outside regular worklnq hours 30 00 b Reconnect at pole or subsurface box 1) During requier working hours $ 60 00 2) Outside regular working hours 90 00 3 Field Collection Charge is made for each trip to Customer's premises for the purpose of collecting an amount due f 7 00 4 Meter Reading Out -of -Cycle Charge Is made each time Customer requests and Company makes an out -of -cycle meter reading a During regular working hours $ 25 00 b Outside regular working hours 50 00 5 Special Bill Form Charge is made each time Company provides f 7 00 a manually prepared special bill analysis, State of Texas Purchase Voucher, or other special vouchers at Customer's request An additional charge of $O 50 Is made when Company buys Purchase Voucher from the State of Texas Section No Sheet No III-D 1 2 TEXAS UTILITIES TARIFF Effective Date FOR November 13 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision Page _ Ori Inal 2 of 4 Section Title Tariff Name Applicable OTHER RATE M Entire System MISCELLANEOUS SERVICE CHARGES 6 Load Report Charge Is made each time Company provides such report An additional charge of $30 00 Is made for each set of monthly reports produced after normal monthly pro- cessing has been completed A supplement to the Agreement for Electric Service Is required a Summary report f 10 00 b Single -channel report 20 00 c Multi -channel report 30 00 7 Electrical Pulse Charge Is made monthly when Customer E 6 00 requests, and Company agrees to provide electrical pulses proportional to Customer's rate of energy use provided Customer has agreed to pay Company for costs associated with installing the necessary equipment The standard Installation cost for pulses from a single kWh meter Is $300 00 all others are based on cost estimates of specific Installations A supplement to the Agreement for Electric Service is required 8 Connection and Removal Charges in conjunctlon with Rider T Temporary Service Rider, are made In addition to normal charges for use of electric service Charges not covered by these standard conditions are charged on the basis of an engi- neering estimate for the work required to provide service a Connect and disconnect single phase service and read a E 16 00 meter already Installed, Including an Account Initiation Charge b Install and remove single phase service wires and a meter 70 00 (demand or nondemand) and read a meter, Including an Account Initiation Charge c Install and remove single phase service wires meter and 370 00 transformer (up to 50 kVA) on existing pole and read a meter Including an Account Initiation Charge 9 Tampering Charge is made for unauthorized reconnection or other f 75 00 tampering with Company metering facilities or any theft of electric service by any person on Customerts premises or evi- dence thereof by whomsoever done at Customerts premises An additional charge for the cost of repairs and/or replacement of damaged facilities, Installing protective facilities or reloca- tion of meter, and the estimated amount of electric service not recorded by meter, If any, is also made Section No Shoot No 111-D 2 TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC ODMPANY ELECTRIC SERVICE November 13 1984 Revision Pago Original 3 of 4 Section Title Tariff Name Applicable OTHER RATE M Entire System MISCELLANEOUS SERVICE CHARGES Charge No Name and Description Amount 10 Disconnection Fee for Transfer of Service Is made when Customer who is receiving permanent electric service from Company requests in writing transfer of such service to another electric utility Prior to disconnecting electric service to transfer such service to another electric utility, Customer pays Company for all amounts owed Company Company Issues receipt to Customer upon payment of all amounts owed Company which Include a A disconnect charge to residential customers to remove $ 135 00 meter and service based upon the average direct labor and vehicle costs of disconnecting Customer The charge to nonresidential Customers for normal Installations Is also $135 00 but, If special metering facilities are to be removed, the charge Is Increased to cover this additional cost b The total cost of any distribution facilities rendered Idle and not usable elsewhere on Companyts system, based upon the original cost of such facilities less depreciation and net salvage c Charges for electric service through the date of disconnection d Any other charges appIIcab le under Company Is Tariff for Electric Service or Agreement for Electric Service e Any other applicable charges Total Disconnection fee S 135 00* *Plus applicable charges under paragraphs b, c, d, and e 11 Account History Charge Is made each time Customer requests and $ 25 00 Company provides a billing/usage premise history or analysis In excess of the latest 13 months Section No Sheet No III-D 2 TARIFF Effective Date TEXAS UTILITIES FOR November 13 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision Page Orl Inal 4 of 4 Section Title Tariff Name Applicable OTHER RATE M Entire System MISCELLANEOUS SERVICE CHARGES Charge No Name and Description Amount 12 Meter Test Charge is made when a residential customer requests f 15 00 and Company performs a meter test and the meter Is found to be within the accuracy standards established by the American National Standards Institute and said meter has been tested pre- viously on request of customer within the past four year period The charge for meter tests for other than residential customers Is based upon an estimate of the actual expenses Incurred for each test 13 Account Initiation Charge Is made for processing an application for electric service (a) Existing location, except those Instances involving only a S 7 00 change in name wherein there Is no change In the actual party responsible for the charges for electric service (b) New location 10 00 14 Collection Letter Charge is made for processing a registered f 15 00 letter demanding payment of past due accounts 15 Tenant Notification Charge Is made to recover expenses Incurred E 1 00/apt each time a tenant In a master metered facility Is notified of unit either Impending disconnection for nonpayment of the electric service bill or for actual disconnection 16 Other Miscellaneous Service Charges are made for miscellaneous As Calculated services not covered by the standard conditions above and are charged on the basis of an estimate for the Job or the Company's cost PAYMENT Bills are due when rendered and are past due if not paid within 16 days thereafter 8111s for nonresidential rate customers are Increased 3% If not paid within 20 days after being rendered NOTICE This rate Is subject to the orders of regulatory bodies having Jurisdiction and to the provisions of Company's Tariff for Electric Service Section No I Sheet No TEXAS UTILITIES ELECTRIC COMPANY Section Title OTHER APPLICATION Tariff Name TARIFF FOR ELECTRIC SERVICE RATE SPA S P A WITHDRAWALS Effective Date November 13, 1984 Revision Page Orloinal I 1 of 1 Applicable Southwestern Power Administration Applicable to power and energy delivered to Electric Cooperatives by the Company for the account of Southwestern Power Administration Such power and energy represents a portion of the output of the Denison Dam hydro -electric station at Lake Texoma MONTHLY RATE Demand Charge A $2 84 per kW of demand (not less than 11,250 kW or more than 15,000 kW) during the period until the twentieth day of the month following the date the first power generating unit at the Clarence Cannon Dam Is placed In com- mercial operation In the Integrated system of Southwestern Parer Administration 8 $2 89 per kW of demand (not less than 11,250 kW or more than 15,000 kW) com- menclnq on the twentieth day of the month following the date the first power generating unit at the Clarence Cannon Dam Is placed In commercial operation In the Integrated system of Southwestern Power Administration Energy Charge $O 004688 per kWh first 100 kWh per kW billing demand $O 006188 per kWh next 340 kWh per kW billing demand $0 008188 per kWh all additional kWh per kW billing demand SPECIAL CONDITIONS As provided In contract Section No Sheet No III-D 4 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13 1 4 Revision Page ELECTRIC SERVICE Original I of 1 Section Title Tariff Name Applicable OTHER RATE SPP Entire System SMALL POWER PRODUCTION APPLICATION Applicable to purchases of energy generated by qualifying small power production and cogeneration facilities with a design capacity of 100 kW or less (hereinafter Producer) as defined by the appropriate regulatory authorities at one point of delivery and measured through one meter TYPE OF INTERCONNECTION Single or three phase, 60 Hertz, at the most available primary distribution voltage, or at Companyts option, at standard voltages as described In the Company's Tariff for Electric Service MONTHLY RATE Payable to Company by Producer $10 00 net Service Charge Payable to Producer by Company 0 080 per kWh plus an amount per kWh equal to the appropriate base rate fuel component as set forth In Rider FC SPECIAL CONDITIONS Producer is required as a condition of el lglbll lty for this rate to execute the Agreement for Small Power Production with a term of not less than one year Including specific terms and con- ditlons applicable to this rate Producer Installs, operates, and maintains, at Producer's expense, such devices as required and approved by the Company, on the Producer's side of the Point of Delivery, to protect, synchronize, and isolate Producer's and Companyis equipment and service Producer will allow access to such devices by Company for Inspection and testing, and during times of emergency or maintenance on Company's lines, to ensure that protection Is provided Producer will reasonably limit voltage fluctuations and other problems resulting from Producer generation Failure to do so may result in termination by Company of Interconnection with Producer Notwithstanding the above special conditions, Producer Is solely responsible for Injury or damage to persons or property, Including Producers generating and load equipment, occasioned by or In any way resulting from Producer's generation or facilities, or from Interconnected opera- tions through Company's facilities Producer pays Company for Interconnection costs Including the physical facilities necessary to permit interconnected operations with a qualifying facility Company retains ownership and exclu- sive control of such physical facilities NOTICE Service hereunder Is subject to the orders of regulatory bodies having jurisdiction and to the provisions of the Company's Tariff for Electric Service Se ct ion No Sheet No 111-D _ 6 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13, 1984 ELECTRIC SERVICE Revision Page I Inel 1 of 1 Section Title _ Tariff Name Applicable RATE TW OTHER Entire System FIRM TRANSMISSION WHEELING SERVICE APPLICATION Applicable to electric utilities for Intrastate wheeling of firm electric power and energy through Company's transmission system, In accordance with Substantive Rule No 23 67 of the Public Utility Commission of Texas Not applicable to any wheeling transaction covered by contract TYPE OF SERVICE Three phase 60 hertz and at Company's standard transmission voltages ANNUAL RATE AND PROVISION FOR LOSSES The annual facilities charge and provision for losses is In accordance with Substantive Rule No 23 67 Payment B111 Is due when rendered and Is past due It not paid within 16 days thereafter Bill is Increased 3% if not paid within 20 days after being rendered PENALTY FOR UNAUTHORIZED USE OF WHEELING SERVICE An amount equal to twice the normal wheeling charges (facilities charge plus provision for losses) will be charged In the event of unauthorized use of wheeling service DEFINITIONS AND SPECIAL CONDITIONS The Company reserves the right to suspend transmission wheeling service during any emergency declared by an ERCOT security center The Company reserves the right to refuse to provide wheeling service If such wheeling service in Company's sole Judgment, would create an undue Interference with the Companyts obligation to pro- vide service to any of Its other customers, or sufficient capacity is not available on the Company's bulk transmission and related facilities during the period for which wheeling service is requested All requests for wheel Ing services will be made in writing at least 90 days In advance of the date on which wheeling Is proposed to begin and will provide Information in sufficient detail to allow evaluation of the transaction All costs Incurred by the Company to perform power flow studies are paid by the inquiring utility An agreement for wheeling service is required This rate Is subject to the orders of regulatory bodies having Jurisdiction and to the provisions of Company's Tariff for Electric Service Section No I Sheet No TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page Original 1 of 2 Section Title �Tari tt Name Applicable RATE WP Entire System OTHER WHOLESALE POWER APPLICATION Applicable to electric service provided to public utilities municipalities and to rural electric distribution cooperatives for resale to ultimate consumers in the State of Texas Service at each point of delivery Is metered and billed separately Not applicable to temporary standby supplementary maintenance or shared service TYPE OF SERVICE Three phase, 60 hertz at the most available primary distribution or transmission voltage Where service of the quantity and type required by Customer is not already available at the location to be served, additional charges and contract arrangements may be required prior to Its beinq fur- nished If Customer takes service at transmission voltage Company may at Its option meter serv- ice on the secondary side of Customer's transformers and adjust for transformer losses In accordance with Company's Tariff for Electric Service MONTHLY RATE Customer Charge $240 00 per point of delivery Demand Charge E 6 33 per kW of demand $1 00 per kW for each current month kW In excess of the contract kW Energy Charge 0 520 per kWh all kWh Transmission Service Credit E1 35 per kW of demand when service is provided at 69 000 volts or higher Fuel Cost Plus an amount for fuel cost calculated in accordance with Rider FC Payment Bills are due when rendered and are past due If not paid within 16 days thereafter Bills are Increased 3% if not paid within 20 days after being rendered DEMAND DETERMINATION Demand for calculation of the monthly bill is the largest of 1) the highest 15-minute kW recorded durinq the current month 2) 80% of the on -peak kW 3) 50% of the contract kW 4) 50% of the highest 15-minute kW recorded at the point of delivery In the 12 month period ended with the current month Section No Sheet No I11-D TARIFF 6 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page 1 1 2 of 2 Section Title Tariff Name Applicable RATE WP OTHER WHOLESALE POWER Entire System DEFINITIONS On -peak kW is the hlghest 15-minute kW recorded during the billing months of June through September in the 12 month period ended with the current month For a Customer contracting for new service, on -peak kW is the current month kW until Customer establishes such demand through on -peak use unless, In Companyfs sole Judgment, sufficient data exists for Company to estimate on -peak kW until Customer establishes on -peak history through actual use Contract kW Is the maximum kW specified in the Agreement for Electric Service Current month kW Is the highest 15-minute kW recorded during current month AGREEMENT An Agreement for Electric Service with a term of not less than three years Is required NOTICE Service hereunder is subject to the orders of regulatory bodies having Jurisdiction and to the Company's Tariff for Electric Service Section No Sheet No III-D 7 TARIFF - TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY ELECTRIC SERVICE May 3 1985 Revision Page Original 1 of 1 Section Title Tariff Name Applicable OTHER RIDER PCR Entire System POWER COST RECOVERY fd1�9[N.11[�L` Applicable to all rate schedules which Include kWh billing To the amount due from charges of the rate schedules under which electric service is provided Is added the cost of purchased power eape- clty from Qualifying facilities Incurred by the Company in providing electric service The power cost Is billed uniformly to all customers of each of the Conpanyts major rate classes in propor- tion to the number of kWh used, excluding kWh associated with Interruptible load This Is done by determining a power cost recovery factor METHOD OF CALCULATION A Power Cost Recovery Factor (PCRF) Is calculated monthly for each major rate class The formula for the PCRF is PCRF • LP - 5) x D where P • Estimated costs of purchased power capacity from Qualifying facilities pursuant to firm capacity contracts that vary from purchased power capacity costs from qua] ifying factIIties utilized to fix base rates D • Demand allocation factor for the major rate class from the Company's cost allocation study approved In the most recent rate case, as follows Major Rate Class Residential Service General Service Transmission Service Municipal Service Wholesale Power Service Rate Schedules R, RLL, RTU GL, G (Including riders) HV (Including riders) MP, MS, SL WP Demand Allocation Factor 0 39609989 0 46272303 0 03782156 0 05979821 0 06355731 S • Estimated kWh sales for the major rate class for the current billing month, excluding kWh sales associated with interruptible load A • Adjustment applied In the current month to correct for the difference between the actual and estimated power cost revenue of the second preceding month, calculated by the formula A • R - (C-A2) where R = Actual revenue received from the application of Me PCRF In the second preceding month C • Actual recoverable power cost for the second preceding month A2 • The adjustment (A) applied to the PCRF In the second preceding month The Power Cost Recovery Factor Is calculated to the nearest 0 0001 cent The Power Cost to be billed is determined by multiplying applicable kWh by the appropriate PCRF The Power Cost Is determined to the nearest whole cent Section No Sheet No 1 III-D 8 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY March 5 1986 ELECTRIC SERVICE _ Revision Page Ori Inal 1 of 2 Section Title Tariff Name Applicable OTHER RATE TWC Entire System TRANSMISSION WHEELING SERVICE -COGENERATION C17nUL\iGP.'�. Applicable to qualifying facilities with a rated capacity greater than one megawatt for Intrastate wheeling of electric power and energy through Company's transmission system In accordance with Substantive Rule No 23 66 of the Public Utility Commission of Texas Not applicable to any wheeling transactions where rates, terms or conditions differing from those required hereunder have been contracted by Company and qualifying facility TYPE OF SERVICE Three phase 60 hertz, and at Company's standard transmission voltages ANNUAL RATE AND PROVISION FOR LOSSES Customer Charge S4,800 00 Planned Capacity Wheeling Charge $14,713 44 per megawatt of contract capacity As Available Capacity Wheelinq Charge $48 27 per megawatt -mile of net positive megawatt -mile change Provision for Losses In accordance with Substantive Rule No 23 66 Payment Bill is rendered monthly or, at Companyls option, less frequently and will be based on a proration of annual rate however, bill Is due when rendered and Is past due If not paid within 16 days thereafter Bill Is Increased 3% if not paid within 20 days after being rendered SPECIAL CONDITIONS planned capacity and as available capacity transmission wheeling service may be Interrupted In case of a system or area emergency when the continuance of such service would contribute to the emergency In addition, as available capacity transmission wheeling service may be Interrupted when con- tinuation of such service would Impair the ability of the Company to provide reliable service to Its firm customers All requests for wheeling services hereunder will be made In writing and will provide Information In sufficient detail to allow evaluation of the transaction Qualifying facility will pay Interconnection costs Interconnection costs are the reasonable costs of connection, switching, metering, transmission, distribution, safety provisions, engi- neering, and administrative costs Incurred by the Company directly related to the Installation of the physical facilities necessary to permit Interconnected operations with a qualifying facility, to the extent such costs are In excess of the corresponding costs that the Company would have Incurred If It had not engaged in Interconnected operations, but Instead generated an equivalent amount of electric energy or capacity from other sources Section No Sheet No III-D 8 TEXAS UTILITIES TARIFF Effective Date FOR March 5 1986 ELECTRIC COMPANY ELECTRIC SERVICE Revision page Original 2 of 2 Section Title Tariff Name Applicable RATE TWC Entire System OTHER TRANSMISSION WHEELING SERVICE -COGENERATION AGREEMENT An agreement for wheeling service Is required NOTICE This rate is subject to the orders of regulatory bodies having Jurisdiction and to the provisions of Companyts Tariff for Electric Service Section No Sheet No TARIFF IV I TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY 1984 ELECTRIC SERVICE November 13 Revision Paqe Original I of I Section Title Tariff Name Applicable Service Regulations FOREWORD Entire System These Service Regulations govern the supplying and taking of electric service by Customer from Company and supersede and annul all such regulations by whatever term designated which may heretofore have governed the supplying and taking of Company's electric service Such Service Regulations are subject to change from time to time by Company and regulatory authorities having jurisdiction and are on file at Company's business offices and with various regulatory authorities Section No Sheet No IV it TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 1S 1984 ELECTRIC SERVICE Revision Page Original 1 of 4 Section Title Tariff Name Applicable Service Regulations TABLE OF CONTENTS Entire System Sheet No SUBSECTION I DEFINITIONS 1 01 AGREEMENT FOR ELECTRIC SERVICE I 1 02 APARTMENT HOUSE I 1 03 COMPANY 1 1 04 CONDUCTORS CONSIDERED OUTSIDE OF BUILDING 1 1 05 CONTRIBUTION IN AID OF CONSTRUCTION 1 1 06 CUSTOMER 1 1 07 CUSTOMERIS ELECTRICAL LOAD 1 1 08 CUSTOMERIS ELECTRICAL INSTALLATION 1 1 09 DEMAND 1 1 10 DISTRIBUTION SYSTEM 1 1 11 DWELLING UNIT 1 1 12 ELECTRIC SERVICE 1 1 13 ENERGY I 1 14 KILOWATT 1 1 15 KILOWATT-HOUR 1 1 16 LOAD FACTOR 1 1 17 METER 1 1 18 METER SOCKET 1 1 19 PERMANENT ELECTRIC SERVICE 1 1 20 POINT OF DELIVERY I 1 21 POWER I 1 22 POWER FACTOR 1 1 23 RACEWAY 1 1 24 RATE SCHEDULE 1 1 25 SERVICE DROP 1 1 26 SERVICE ENTRANCE CONDUCTORS I 1 27 SERVICE ENTRANCE ENCLOSURE 1 1 28 SERVICE LATERAL 1 1 29 TEMPORARY ELECTRIC SERVICE 1 1 30 WATT 1 1 31 WATT-HOUR 1 SUBSECTION II ELECTRIC SERVICE 2 01 AVAILABILITY OF ELECTRIC SERVICE 2 2 01 01 Company's Standard Voltages 2 2 01 02 Electric Service from Companyls Existing 2 Underground Distribution System Section No, Sheet No IV 11 TEXAS UTILITIES TARIFF Effective Date FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page orl final 2 of 4 Section Title Tariff Name Applicable Service Regulations TABLE OF CONTENTS Entire System Sheet No SUBSECTION II ELECTRIC SERVICE (Continued) 2 02 METHOD OF PROVIDING ELECTRIC SERVICE 2 2 02 01 Apartment House 2 2 02 02 Mobile Homes 2 2 02 03 Electric Service Provided Through Facilities Owned by Others 2 2 03 OVERHEAD ELECTRIC SERVICE 2 2 03 01 Standard Service Drop 2 2 03 02 Service Entrance Conductor 2 2 03 03 Connections at Point of Delivery 2 2 04 UNDERGROUND ELECTRIC SERVICE 2 2 04 01 Service Lateral 2 2 04 02 Transformer and Equipment Pads 2 2 04 03 Vault 2 2 05 METER 2 2 05 01 Location of Meter 2 2 05 02 Relocation of Meter 2 SUBSECTION III PROVIDING ELECTRIC SERVICE 3 01 PROVIDING ELECTRIC SERVICE 3 3 02 CONTINUITY AND QUALITY OF ELECTRIC SERVICE 3 3 03 LIABILITY AND RESPONSIBILITY FOR DAMAGE OR 3 INJURY AND DISCLAIMER OF WARRANTIES 3 04 CUSTOMER COMPLAINTS 3 3 05 LOCATION OF POINT OF DELIVERY 3 3 06 SPACE REQUIREMENTS 3 3 07 CUSTOMER'S ELECTRICAL INSTALLATION 3 3 08 INSPECTION AND APPROVAL OF CUSTOMER'S INSTALLATION 3 3 09 STANDARD ELECTRIC SERVICE 3 3 10 NONSTANDARD ELECTRIC SERVICE 3 3 11 EXTENSION OF ELECTRIC SERVICE 3 3 12 COST OF EXTENSION TO PROVIDE SERVICE 3 3 13 UNJUSTIFIED EXPENDITURE 3 3 14 CHARGES FOR PROVIDING TEMPORARY ELECTRIC SERVICE 3 3 15 INSTALLATION AND MAINTENANCE OF COMPANY'S FACILITIES 3 3,16 PROTECTION OF COMPANY'S FACILITIES ON CUSTOMER'S PREMISES 3 3 17 ADMITTANCE TO CUSTOMER'S PREMISES 3 3 18 REMOVAL AND RELOCATION OF COMPANY'S FACILITIES 3 3 19 DISMANTLING OF COMPANY'S FACILITIES 3 3.20 ATTACHMENTS TO COMPANY'S FACILITIES 3 --,--"--� Section No Sheet No IV it TARIFF Effective Date TEXAS UTILITIES FOR November 13 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revlsion Page Original inal 3 of 4 Section Title Tariff Name Applicable Service Regulations TABLE OF CONTENTS Entire System Sheet No SUBSECTION IV OBTAINING ELECTRIC SERVICE 4 01 APPLICATION FOR ELECTRIC SERVICE 4 4 02 AGREEMENT FOR ELECTRIC SERVICE 4 4 03 SECURITY FOR PAYMENT OF ELECTRIC SERVICE BILLS 4 SUBSECTION V USE OF ELECTRIC SERVICE 5 01 LIMITATIONS ON USE OF ELECTRIC SERVICE 5 5 01 01 Resale of Company's Electric Service 5 5 01 02 Intrastate Electric Service Limitations 5 5 01 03 Parallel Operation 5 5 01 04 Extension of Customer's Wiring 5 5 02 CUSTOMER'S ELECTRICAL LOAD 5 5 02 01 Load Balance 5 5 02 02 Allowable Motor Starting 5 5 02 03 Intermittent Electrical Loads 5 5 02 04 Equipment Necessary to Limit Adverse Effect 5 5 02 05 Equipment Sensitive to Voltage and Wave Forms 5 5 02 06 Change In Customer's Electrical Load 5 5 02 07 Power Factor 5 5 03 TAMPERING WITH COMPANY'S METERS EQUIPMENT OR 5 OTHER PROPERTY 5 04 UNAUTHORIZED USE OF ELECTRIC SERVICE 5 SUBSECTION VI CHARGES FOR ELECTRIC SERVICE 6 01 RATE SCHEDULES FOR ELECTRIC SERVICE 6 6 02 BILLING AND PAYMENT OF ELECTRIC SERVICE 6 6 02 01 Billing Period 6 6 02 02 Calculation of Charges 6 6 02 03 Due Date and Payment 6 6 02 04 Disputed Bills 6 6 02 05 Customer Inability to Pay 6 6 02 06 Adjustment of Bills for Misapplication of Rate Schedules 6 6 03 METERING ELECTRIC SERVICE 6 6 04 ADJUSTMENT OF BILLS FOR METER INACCURACY 6 6 05 ADJUSTMENT OF BILLS FOR INCORRECT METERING 6 6 06 IMPROPER METERING OF CUSTOMER'S INSTALLATION IN MULTI -FAMILY DWELLINGS 6 07 TRANSFER OF ELECTRICAL LOAD BETWEEN POINTS OF DELIVERY 6 BY PRIMARY OR TRANSMISSION VOLTAGE CUSTOMERS TEXAS UTILITIES ELECTRIC COMPANY Section Title Service Regulations TARIFF FOR ELECTRIC SERVICE Tariff Name TABLE OF CONTENTS SUBSECTION VII DISCONTINUANCE OF ELECTRIC SERVICE Section No Sheet No _ I I If Effective Date _ November 13, 1984 Revision Page Original 4 of Applicable Entire System Sheet No 7 01 7 02 SUBSECTION Vill CUSTOMER DISCONTINUES ELECTRIC SERVICE 7 COMPANY DISCONTINUES ELECTRIC SERVICE 7 INTERCONNECTION WITH SMALL POWER PRODUCTION FACILITIES 8 01 GENERAL 8 8 02 COST OF INTERCONNECTION 8 8 03 APPROVAL AND INSPECTION 8 8 04 ELECTRICAL DESIGN REQUIREMENTS 8 8 05 METERING 8 8 06 OPERATING REQUIREMENTS 8 8 07 LIABILITY 8 SUBSECTION IX SERVICE AGREEMENT FORMS AGREEMENT FOR ELECTRIC SERVICE 9 Section No Sheet No TARIFF IV 1 TEXAS UTILITIES FOR Effective Data ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page Original 1 of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION I Entire System DEFINITIONS 1 01 AGREEMENT FOR ELECTRIC SERVICE - A written contract between Company and Customer under which Company provides electric service 1 02 APARTMENT HOUSE - A building or buildings containing more than five dwelling units all of which are rented primarily for nontransient use, with rental paid at intervals of one week or longer Apartment house Includes residential condominlums, whether rented or owner occupied 1 03 COMPANY - Texas Utilities Electric Company, Its successors and assigns 1 04 CONDUCTORS CONSIDERED OUTSIDE OF BUILDING - Conductors are considered outside of a building or other structure under any of the following conditions (1) where Installed under not less than two Inches of concrete beneath a building or other structure, or (2) where Installed within a building or other structure In a raceway that is enclosed concrete or brick not less than two Inches thick 1 05 CONTRIBUTION IN AID OF CONSTRUCTION - A cash payment by Customer to Company In order to prevent burdening other Customers through capital expenditures by Company which are for nonstandard electric service or for extensions which are not economically Justified based on anticipated revenue from Customer 1 06 CUSTOMER - An Individual, partnership, association, Joint venture, corporation, etc , or governmental agency who Is receiving, who Is an applicant for or who Is receiving the benefit of electric service at a specified location 1 07 CUSTOMERfS ELECTRICAL LOAD - The power and energy of all motors and other electricity - consuming devices on Customer's premises which are operated simultaneously from electric service provided by Company 1 08 CUSTOMERS ELECTRICAL INSTALLATION - All conductors, equipment, or apparatus of any kind on Customer's side of the point of delivery except Company's metering equipment, used by Customer in taking electric service 1 09 DEMAND - The rate at which electric energy Is used at any Instant or averaged over any designated period of time 1 10 DISTRIBUTION SYSTEM - Company's primary and secondary voltage conductors, trans- formers, switchgear, connection enclosures, pedestals, services, and other @$am laced equipment used to provide electric service 1 11 DWELLING UNIT - A roan or rooms suitable for occupancy as a residence containing kitchen and bathroom facilities Section No I Sheet No --� TEXAS UTILITIES TARIFF FOR Effective Date ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revislon Page Section Title I Tariff Name I Applicable Service Regulations I SUBSECTION I I Entire System DEFINITIONS 1 12 ELECTRIC SERVICE - Electric power and energy produced transmitted and distributed and provided or made available by Company at the point of delivery 1 13 ENERGY - The measure of how much electric power is provided over time for doing work The electrical unit is the watt-hour or kilowatt-hour which Is 1000 watt-hours 1 14 KILOWATT - 1000 watt 1 15 KILOWATT-HOUR - 1000 watt-hours 1 16 LOAD FACTOR - The ratio, usually stated as a percentage of actual kilowatt-hours used during a designated time period to the maximum kilowatts of demand times the number of hours occurring In the designated time period 1 17 METER - A device or devices together with any required auxiliary equipment for measuring electric service 1 18 METER SOCKET - A receptacle of weatherproof construction used for mounting a socket - type meter 1 19 PERMANENT ELECTRIC SERVICE - Electric service provided to Customer for a period of time in excess of a year and not used for short-term temporary or seasonal periods of less than twelve months except that construction power Is not considered to be per- manent electric service even though provided for a continuous period of time in excess of twelve months 1 20 POINT OF DELIVERY - The point where Company's conductors are connected to Customer's conductors 1 21 POWER - The rate at which electric energy is provided for doing work The electrical unit of power Is the watt or kilowatt which Is 1000 watts 1 22 POWER FACTOR - The ratio of real power In kilowatts to apparent power in kilo- voltamperes for any given load and time generally expressed as a percentage ratio 1 23 RACEWAY - Tubular or rectangular channel or conduit for containing electrical conduc- tors, which may be exposed buried beneath the surface of the earth, or encased in a building or structure 1 24 RATE SCHEDULE - A statement of the method of determining charges for electric service, including the conditions under which such method applies Section No Sheet No IV 1 TARIFF Effective Data TEXAS UTILITIES FOR November 13, 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision Page Orl inal 3 of Section Title Tariff Name Applicable Service Regulations SUBSECTION I Entire System DEFINITIONS 1 25 SERVICE DROP - Overhead conductors that extend from Company's overhead distribution system to the point of delivery where connection is made to Customer's electrical Installation 1 26 SERVICE ENTRANCE CONDUCTORS - Conductors provided by Customer extending from Customer's electrical equipment to the point of delivery where connection Is made 1 27 SERVICE ENTRANCE ENCLOSURE - A connection enclosure used for the purpose of connecting the service lateral to Customer's electrical Installation 1 28 SERVICE LATERAL - Conductors, usually underground but sometimes In raceway above ground, that extend from Company's distribution system to the point of delivery or from Customer's electrical Installation to the point of delivery 1 29 TEMPORARY ELECTRIC SERVICE - Electric service provided to Customer for a single, con- tinuous period of time which Is less than twelve consecutive months except that construction power, even though provided for a continuous period of time In excess of twelve months, Is considered to be temporary electric service 1 30 WATT - The rate at which electric power Is provided to do work One watt Is the parer represented by a current having a component of one ampere in phase with and under a pressure of one volt 1 31 WATT-HOUR - A unit of work or energy equivalent to the power of one watt operating for an hour Section No Sheet No TARIFF IV 1 2 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page Original 1 of Section Title Tariff Name Applicable Service Regulations SUBSECTION II Entire System ELECTRIC SERVICE 2 01 AVAILABILITY OF ELECTRIC SERVICE Customer requests for electric service of the character and type provided by Company are granted within the limitations of the applicable rate schedule for electric serv- ice, the availability of Company facilities, the characteristics of Customer's electrical load and these Service Regulations Company may require special contractual arrangements, which may Include additional charges, prior to Company's providing electric service if the electric service requested by Customer is not available at the service location is other than that which Company usually provides or if the service requested is not adequately compen- sated for by the applicable rate schedule 2 01 01 Company's Standard Voltages - Company provides electric service at Company's standard voltages In accordance with Company's extension policy, and not all standard voltages are available at every location If Customer requests a voltage which Is non-standard or not available for a specific load or location, such voltage may be provided by Company at Customer's expense Single Phase Three Phase 120 120/208 120/240 120/240 240 240 240/480 240/480 277/480 480 480 480/830 2400 2400 2400/4160 4160 7200 7200/12470 7620 7620/13200 12470 12470 12470/21600 13200 14400 14400/24940 24940 69000 138000 345000 Customer should obtain from Company the phase and voltage of the service available before committing to the purchase of motors or other equipment Section No Sheet No " IV 2 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13, 1984 Ravi s Ion Page ELECTRIC SERVICE Ori Inal 2 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION II Entire System ELECTRIC SERVICE 2 01 02 Electric Service from Company's Existing Underground Distribution System - In certain areas of the Company's distribution system, since substantial Investments have been made in underground service facilities and overhead service extensions Into these areas are impractical and would nullify the benefits of past Investments, Company retains the right to limit electric service to Customer from Company's existing underground distribution system The phase and voltage of electric service In areas served from Companyis underground distribution system may be limited to that which can be provided from existing facili- ties 2 02 METHOD OF PROVIDING ELECTRIC SERVICE 2 02 01 Apartment House - Company provides electric service through Individual meters for each dwelling unit or through one meter at each point of delivery for any number of dwelling units In the same apartment house Where electric service Is provided using Individual metering for each dwelling unit, Customer groups and Identifies meters In a manner and at locations suitable to Company 2 02 02 Mobile Homes - Company provides electric service through an Individual meter to each space In a mobile home park and Customer groups and Identifies meters In a manner and at a location suitable to Company 2 02 03 Electric Service Provided Through Facilities Owned by Others - Company has the option to provide electric service to a new Customer through electric facilities owned by an existing Customer with the consent of the existing Customer In such cases, the metered electrical usage registered on the existing Customer's meter Is reduced by an appropriate amount to recognize the usage of the new Customer Under this method of service the new Customer the existing Customer and Company complete an agreement setting forth the responsibilities of each party 2 03 OVERHEAD ELECTRIC SERVICE 2 03 01 Standard Service Drop - Company provides, Installs and maintains service drop to point of delivery approved by Company Customer provides point of attachment which Is acceptable to Company so that service drop meets requirements of all applicable codes Company may furnish a bracket (such as service most bracket eye bolt, house knob, metal clevls, etc ) to be Installed on Customerts premises at the point of attachment for Company's service drop Company may Install bracket on Customers wood structure or building where Customer provides visible support acceptable to Company for bracket For structure other than wood, Customer provides adequate support approved by Company and installs bracket Section No Sheet No 1 IV 2 TEXAS UTILITIES TARIFF Effective Date FOR ELECTRIC COMPANY IA. 1984 ELECTRIC SERVICENovember Revision Page Original 3 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION II Entire System ELECTRIC SERVICE 2 03 OVERHEAD ELECTRIC SERVICE (Continued) 2 03 02 Service Entrance Conductor - Customer's service entrance conductor raceway Is ter- minated on the outside of the building at a point not more than 24 Inches from the point of attachment of the service drop The connections between the Customer's serv- Ice entrance conductors and the Company's service drop conductors are made by Company Customer's service entrance conductors extend not less than twenty-four Inches outside the service head to permit connection to the service drop 2 03 03 Connections at Point of Delivery - Company makes connections of Company's conductors to Customer's conductors at the point of delivery 2 04 UNDERGROUND ELECTRIC SERVICE Underground service is provided to Customer who meets Company requirements set out herein and pays to Company an amount based on the cost difference between overhead and underground electric service as estimated by Company Cash payments or other arrangements satisfactory to Company are made by Customer prior to Company's beginning construction All underground facilities Included In the cost estimates are provided Installed, owned and maintained by Company Where Company provides electric service underground Company retains the right to limit electric service to such underground, network and/or dual feed radial distrlbu- tlon systems Conditions of underground electric service are as follows (a) Location and routing of Company's distribution system Is determined by Company (b) Prior to beginning of construction Customer provides easements at no cost to Company for the underground conductors, padmount transformers and associated equipment (c) Company may extend Its conductors to Customer's swltchgear or service entrance enclosure when such conductors are conductors considered outside of building as defined herein (d) Before the Installation of Company's underground distribution system Customer completes rough site grading, establishes final grade along the conductor route, and clears area of all obstructions No change is made in the grade along the conductor route or easement without consent of Company Any change in grade which requires the lowering or raising of electrical conductors or associated equipment is at the expense of Customer Section No I Sheet No TEXAS UTILITIES TAFOR Effective Date ELECTRIC COMPANY November 13 191 ELECTRIC SERVICE Revision I Page Section Title Tariff Name Applicable Service Requiations SUBSECTION II Entire System ELECTRIC SERVICE 2 04 01 Service Lateral (a) Residential Customer Company furnishes Installs and ma lntains the service lateral connecting Companyts distribution system to Customer's electrical Installation Where Customer Installs or plans to Install obstructions (asphalt or concrete walk driveway retaining wall paved parking lot etc ) In the path of Company's service lateral Company may require Customer to provide and Install raceway for Company service lateral to Company specifications (b) Non -Residential Customer Customer furnishes, Installs and maintains the service lateral from Customers electrical Installation to the point of delivery which Is located at Company's pole padmount transformer or connection enclosure located at Company's trans- formers 2 04 02 Transformer_ and Equipment - Company provides Installs owns and maintains transformer and equipment Customer provides without cost to Company space on Customers premises suitable to Company for the Installation of transformers and other equipment required to provide electric service to Customer Customer provides adequate and accessible pad space to allow transformer equipment maintenance and replacement Required clearance for equipment pads considers any above ground construction or portion of a building which extends over the pad Passageways adequate to accommodate trucks or other necessary lifting and hauling equipment are provided by Customer to allow replacement of transformers and other devices 2 04 03 Vault - When a vault for Company's transformers, switchgear or other facilities Is required on Customer's premises, and location is acceptable to Company, Customer pro- vides and Installs the vault In accordance with Company specifications If the vault Is located inside or under Customers building Customer provides the necessary raceway for Company's conductors so that such conductors are conductors considered outside building as defined herein Company Installs in the vault transformers and/or other facilities necessary to provide electric service to Customer Customer takes electric service at the secondary terminals of Company transformers or other facilities located In the vault as specified by Company Under any other conditions, Customer takes service outside the building 2 05 METER All meters are furnished, Installed and maintained by Company All meter sockets meter enclosures and other meter equipment outside the building are normally furnished and owned by Company, and Customer Installs and maintains these facilities Including replacement due to overload or damage Customer provides space, without cost to Section No Sheet No IV 2 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13 1984 Ravi s ion Page ELECTRIC SERVICE 0ri Inal 5 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION II Entire System ELECTRIC SERVICE 2 05 METER (Continued) Company, which is suitable for installation of Company's meter and metering equipment Where the point of delivery Is Inside the building Customer provides the service entrance enclosure and provides space for Company's Instrument transformers, as required Customer installs Company's meter socket approved meter socket or meter enclosure as spec If led by Company No metering equipment may be by-passed for any reason, without prior approval of Company 2 05 01 Location of Meter - Meters and associated equipment are Installed In a location suitable to Company and in such a way that a clear working space Is provided on all sides The center of the meter Is not less than four feet and not more than six feet above the ground For underground electric service, the meter height may be reduced to three feet upon Company approval Meters are not Installed (a) In any hazardous location (b) In any place where vibration, moisture fumes or dust may damage the meter or Interfere with Its operation (c) Directly over any stairway ramp or steps (d) On any portion of a building which probably at a later date will be enclosed and make the meter Inaccessible (e) In any location accessible only through a hatchway trapdoor, or by means of a ladder (f) On or recessed in the external surface of any wall that Is within three feet of any property Ilne, or that Is over the edge of any walk alley or drive way which provides access to commercial or industrial property except when permitted by Company Company assists In determining meter locations upon request and may waive certain of these requirements for good cause as determined solely in Company's Judgment 2 05 02 Relocation of Meter - Company may, at Its option and at its expense, relocate any meter In case of a relocation made necessary due to inaccessibility, hazardous loca- tion, or dangerous conditions for which Customer Is responsible, or In order to pre- vent a recurrence of unauthorized use of electricity or tampering with Company equipment, Customer may be required to pay the cost to relocate the metering equipment to a location agreeable to Company Under no circumstances Is any meter Installation to be moved or relocated except as authorized by Company Section No Sheet No TARIFF IV 3 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November Revision Page Ori anal 1 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 01 PROVIDING ELECTRIC SERVICE Company provides electric service to Customer In accordance with the provisions of Company's various rate schedules and these Service Regulations Company may require special contractual arrangements which may Include additional charges prior to Company's providing electric service If the electric service requested by Customer is not available at the service location Is other than that which Company usually provides or If the service requested is not adequately compen- sated for by the applicable rate schedule 3 02 CONTINUITY AND QUALITY OF ELECTRIC SERVICE Company uses reasonable diligence to provide ^ontinuous electric service but does not guarantee against Irregularities or Interruptions Customer Is responsible for Installing and maintaining protective devices as are necessary to protect Customer's equipment or process during Irregular or Interrupted service Including but not limited to voltage and wave form Irregularities or the failure of part or all of the electric service In those Instances where Customer experiences irregularities or Interruptions to all or part of the electric service of an undetermined cause and the report of same to Company prompts a visit to Customer's piemises at the Customer's request and It Is determined that the interruption or irregularity resulted from Customer's electrical Installation Company may charge Customer an amount based on the cost to Company for such visit Company may without notice and without liability to Customer Interrupt electric serv- Ice to Customer when In Company's sole judgment such interruption (a) WIII prevent or allevlate an emergency threatening to disrupt the operation of Company's system or (b) Will lessen or remove possible danger to life or property or (c) WIII aid in the restoration of electric service or (d) Is required to make necessary repairs to or changes in Company's facilities or (a) When Interruption Is authorized elsewhere In this Tariff for Electric Service The Company will attempt to see that Insofar as is practicable the interruption is made at a time which causes the least reasonable inconvenience to Customer and where feasible, Customer is notified in advance Section No Sheet No, IV 3 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13 1984 ELECTRIC SERVICE Revision Page —Original 2 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 03 LIABILITY AND RESPONSIBILITY FOR DAMAGE OR INJURY AND DISCLAIMER OF WARRANTIES Company assumes all responsibility for electric service and facilities up to and Including the point of delivery Customer assumes all responsibility for electric service and facilities beyond the point of delivery Company and Customer agree to Idemnify and save the other harmless from and against all claims, demands, or causes of action, of any type, whether sounding In tort or In contract, for costs or expenses for loss damage, or Injury to persons or property In any manner arising, directly or Indirectly, from electric service or facilities on their respective sides of the point of delivery except where such claimed loss, damage, or Injury Is shown to have been solely caused by the negligence of the other In no event shall the Company be liable for any consequential damages Company is not and shall not be liable to Customer for damages occasioned by Interrup- tions, Irregularities, or failure to commence electric service caused by or contri- buted to by governmental or municipal action or authority, litigation, public enemies, strikes, acts of God, order of any court or Judge granted in any bona fide adverse legal proceeding or action or in any order of any commission or tribunal having Jurisdiction in the premises or any other act or thing reasonably beyond the control of Company, or as may be authorized elsewhere in this Tariff for Electric Service Company makes no warranties whatsoever with regard to the provision of electric serv- Ice and disclaims any and all warranties, express or Implied, Including but not limited to warranties of merchantability or fitness for a particular purpose 3 04 CUSTOMER COMPLAINTS Company promptly makes appropriate Investigation of complaint mode by Customer In per- son, by letter or telephone, and advises Customer of results If Customer Is dissat- Isfied with Company report Company advises Customer how complaint may be registered with municipal or state regulatory authorities 3,05 LOCATION OF POINT OF DELIVERY The point of delivery of electric service Is the point where Company's conductors are connected to Customer's conductors Customer's Installation must be arranged so that the location of the point of delivery Is acceptable to Company, taking Into con- sideration location of existing Company facilities and construction needed to connect Customer to Company system Any change from the Company -designated point of delivery Is subject to payment by Customer based on any added costs to reach the new designated point Section No Sheet No IV 3 TARIFF _ TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page 1 Inel 3 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 06 SPACE REQUIREMENTS Customer grants to or secures for Company, at Customer's expense, any rights -of -way on property owned or controlled by Customer which are necessary to provide electric serv- Ice to Customer Customer provides, without cost to Company, suitable space on Customer's premises for the Installation of facilities necessary to provide electric service to Customer and for installation of Company's metering facilities 3 07 CUSTOMER'S ELECTRICAL INSTALLATION Customer's electrical Installation for receiving electric service is to be installed In accordance with Company's specifications for electric service which are available at Company's business offices located in the specific area where electric service Is desired In the event Company Is required by appropriate regulatory authorities to place underground or relocate any of Its facilities, Customer will, at Customer's expense, relocate or change Customer's electrical installation to accomplish the required change 3 08 INSPECTION AND APPROVAL OF CUSTOMER'S ELECTRICAL INSTALLATION In those locations where an ordinance requires Customer to obtain a certificate of Inspection and acceptance or a permit Company does not provide electric service to Customer untlI Company receives notification of approval of Customer's electrical Installation from the proper authority For Customer's and Company's mutual safety, Company may decline to provide electric service to any Customer's electrical installation which Company considers hazardous or of such character that satisfactory service cannot be given The providing of electric service by Company does not Indicate that Company has Inspected Customer's electrical Installation and pronounced It safe and adequate 3 09 STANDARD ELECTRIC SERVICE Company provides standard electric service utilizing an overhead radial circuit on wood poles to Customer on one rate schedule, at one point of del Ivory, with one meter, at one of Company's standard voltages at a frequency of 60 Hertz, and such voltage and frequency may have a variation Section No Sheet No 1 IV 3 TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision Page original 4 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 10 NONSTANDARD ELECTRIC SERVICE If Customer desires electric service which Is other than standard electric service and not covered elsewhere In these Service Regulations then Company may provide such service to Customer based upon the estimated cost of providing such nonstandard electric service which is In excess of the cost to provide standard electric service Company may terminate the provision of any nonstandard electric service at the end of the contract term, or In the absence of a contract term on reasonable notice to Customer 3 11 EXTENSION OF ELECTRIC SERVICE Company makes extension of electric service to Customer's electrical installation so as to minimize the cost of such extension Extension is normally made at no cost to Customer except in those Instances where the requested extension of Company's facill- ties is not economically Justified (a) Residential Extension Company makes extension of standard single phase electric service without charge to permanent single-family residences for a distance of up to 300 feet If electric service desired by Customer Is of the type and character of electric service which Company provides and can be made available from the existing Company facilities from which the line extension Is to be node The distance Is measured along the route of the new line from an existing source, including pri- mary, secondary and service drop to the point of delivery When two or more applications for electric service from the same extension are received prior to starting construction of the line extension the maximum length of the standard extension provided at no charge Is up to the number of applicants times 300 feet Customer makes a one time non-refundable contribution In aid of construction for the cost of providing an extension In excess of 300 feet based upon a cost of E1 75 per foot times the length of the extension In excess of 300 feet plus any additional contribution In aid of construction resulting from a Customer's request for three phase, underground or other nonstandard extension (b) Non -Residential Extension for Small Loads Company makes extension of standard single phase electric service up to 500 feet without charge to a permanent non-residential Customer If electric service desired by Customer is of the type and character of electric service which Company provides, can be made available from the existing Company facilities from which the line extension is to be made has an estimated maximum summer demand of Section No Sheet No 1 TEXAS UTILITIES ELECTRIC COMPANY TARIFF FOR ELECTRIC SERVICE Iv 3 Effective Date November 13, 1984 Revision Page original 5 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 11 EXTENSION OF ELECTRIC SERVICE (Continued) (b) (Continued) 20 KW or less and an estimated annual load factor of 30 percent or more based on maximum summer demand, and can be served from a 15 kVA transformer The distance Is measured along the route of the new line from an existing source, Including primary secondary and service drop to the point of delivery When two or more applications for electric service from the same extension are received prior to starting construction of the line extension the maximum length of the standard extension provided at no charge is up to the number of applicants times 500 feet Customer makes a one time non-refundable contribution in aid of construction for the cost of providing an extension In excess of 500 feet based upon a cost of $1 75 per foot times the length of the extension In excess of 500 feet (c) All Other Extensions Company's standard allowable expenditure formula or a specific cost study for providing electric service to an Individual Customer Is used to determine If a requested extension of Company's facilities to provide electric service to Customer Is Justified (d) Standard Allowable Expenditure Formula The allowable expenditure for Company's facilities to provide permanent electric service to Customer loads served from an overhead electric distribution system Is determined by the following formula (KW x Revenue Requirement of Allowable expenditure - EAR - Allocated Investment per KW) Return Factor EAR - Estimated annual revenue for Customer computed from estimated demand and KWH, but not Including fuel adjustment cost and sales taxes KW - Customer's estimated maximum summer KW Revenue Requirement of Allocated Investment per KW - Revenue requirement per KW of Customer's demand based on Company's average Investment cost, as approved In Company's most recent rate case for the appropriate class of Customer Investment cost accounts considered in determining the allocated Investment are FERC accounts 310-312 314-316, 350-358, 360-362, 364-367, 389-399 plus other rate base Items of plant held for future use, CWIP, cash working capital, materials and supplies, prepayments fuel stock, accumulated deferred federal Income tax Customer deposits reserve for Insurance and other cost free capital Return Factor - The revenue requirement necessary to support the service exten- sion Is 20 0% Section No Sheet No IV 1 3 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13 1984 ELECTRIC SERVICE Revision Page 1 C 6 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 11 EXTENSION OF ELECTRIC SERVICE (Continued) (9) Specific Cost Study For all loads served at transmission voltage and at Company's option for large loads served from Company's overhead distribution system, a specific cost study for extension of Company's facilities to provide electric service to an Indivi- dual Customer is prepared based on cost of service Information as approved In Company's most recent rate case 3 12 COST OF EXTENSION TO PROVIDE SERVICE The costs of the necessary distribution or transmission facilities to provide electric service to Customer Is determined by estimating all necessary expenditures, Including metering, services, transformers, rearrangement of existing Company facilities, etc , less salvage 3 13 UNJUSTIFIED EXPENDITURE In those Instances where the cost of an extension of Company's faclI ltles Is more than the allowable expenditure as calculated by the allowable expenditure formula or the specific cost study, Company determines the special contractual arrangements required with Customer before electric service is provided The special arrangements may Include a non-refundable contribution In aid of construction, an advance for oonstruc- tlon, a special minimum billing demand or special monthly or annual minimum charges 3 14 CHARGES FOR PROVIDING TEMPORARY ELECTRIC SERVICE Customer pays Company prior to Company's providing temporary electric service an amount equal to the estimated cost of Installing and removing the facilities, plus the estimated costs of materials to be used which are unsalvageable after removal of the Installation as set forth In Rate Schedule M (Miscellaneous Service Charges) 3 15 INSTALLATION AND MAINTENANCE OF COMPANY FACILITIES Company owns, Installs, and maintains all electric lines and equipment on Company's side of the point of delivery In addition, Company owns, Installs, and maintains Company's meter regardless of Its location and may require Customer to Install auxl- Ilary metering equipment, furnished by Company In conjunction with Customer's elec- trical Installation Company Installs all electric lines and equipment on Company's side of the point of delivery In compliance with the National Electrical Safety Code and all applicable laws and governmental regulations Only personnel authorized by Company are permitted to make, energize, or de -energize connections to Company facilities Section No Shoat No 1 TEXAS UTILITIES TARIFF FOR IV 3 Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November 4 Revision Pago Original 7 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 16 PROTECTION OF COMPANY'S FACILITIES ON CUSTOMER'S PREMISES Customer uses reasonable diligence to protect Company facilities on Customer's premi- ses and to permit only personnel authorized by Company or by law to have access to such facilities In the event of loss of, or damage to, Company facilities on Customer's premises caused by or arising out of carelessness, neglect or misuse by Customer or unauthorized persons, Company may require Customer to reimburse Company for the cost of such loss or damage 3 17 ADMITTANCE TO CUSTOMER'S PREMISES Customer admits to Customer's premises at all reasonable hours personnel authorized by Company to Inspect, Install, remove, or replace Company's property to read Company's meter, and to perform other activities necessary to provide electric service. Including tree trimming and tree removal where such trees In the opinion of Company constitute a hazard to Company personnel or facilities, or the providing of continuous electric service Refusal on the part of Customer to provide reasonable access for the above purposes may, at Company's option, be sufficient cause for discontinuance of service 3 18 REMOVAL AND RELOCATION OF COMPANY'S FACILITIES Company may remove or relocate Company facilities at Customer's request provided Customer pays the cost of removing or relocating such facilities 3 19 DISMANTLING OF COMPANY'S FACILITIES Company may, upon discontinuation of electric service to Customer, dismantle and remove all lines, equipment, apparatus, or other facilities which Company may have Installed to provide electric service to Customer Company may, however, abandon In place in whole or In part Its underground lines and equipment In lieu of removing such facilities 3 20 ATTACHMENTS TO OOMPANY'S FACILITIES Company does not permit any attachments (such as wires, ropes, signs, banners, or radio equipment) to Company facilities by others except when authorized In writing by Company Company may without notice and without liability remove unauthorized attachments to Company facilities Section No Sheet No 1 TEXAS UTILITIES ELECTRIC COMPANY TARIFF FOR ELECTRIC SERVICE IV 4 Effective Date November 13 1984 Revision Page Original 1 of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION IV Entire System OBTAINING ELECTRIC SERVICE 4 01 APPLICATION FOR ELECTRIC SERVICE Customer Is required to make application as specified by Company to obtain electric service At the option of Company, a written application to obtain electric service may be required Any Customer taking electric service from Company, in consideration of the Company's supplying electric service and regardless whether or not such Customer has made application for such electric service Is bound by these Service Regulations and Is liable to Company for payment for such electric service under the applicable rate schedule Customer may be asked to make a deposit or otherwise satis- factorily establish credit with Company as security for payment of electric service bills before Company provides electric service Some of Company's rate schedules con- tain billing factors based on patterns of use established throughout the year When a new Customer takes service at an existing permises or point of delivery, the pattern of use established by prior Customer may be used In billing new Customer unless a substantial change in new Customer's load characteristics has occurred Application for electric service must be in the true name of Customer Company may require suitable Identification Company may refuse or discontinue electric service to Customer or prospective Customer who uses an alias, trade name business name the name of a relative or other person to avoid payment of electric service bills When there is a change in responsibility for payment of bills, a new application for electric service Is made Company may decline to accept Customer's application or to provide electric service to any Customer for any of the following reasons (a) Customer's Installation is considered hazardous or of such character that satis- factory service cannot be given (b) Customer has an undisputed Indebtedness to Company (c) Failure of Customer, on request, to provide Company with the required deposit or other security (d) Use by Customer of electric service In such manner as to Jeopardize electric service to Customer or others after Customer has been notified and given the opportunity to remedy the situation (9) Customer who Is located In area which is multi -certificated by the Public Utility Commission and who switches electric service for Customer's electrical load to Company from another electric utility and has not provided Company with evidence It has paid the other electric utility for all disconnection charges Section No Sheet No IV 4 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR November 13, 1984 ELECTRIC SERVICE Rev lslon Page original 2 of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION IV Entire System OBTAINING ELECTRIC SERVICE 4 01 APPLICATION FOR ELECTRIC SERVICE (Continued) (f) Customer's failure to comply with the state and municipal regulations and Company's approved Service Regulations When Customer's application for service is refused for any of these reasons Company Informs Customer of the reason for the refusal and advises Customer how complaint may be registered with municipal or state regulatory authorities 4 02 AGREEMENT FOR ELECTRIC SERVICE Customer may be asked to sign an Agreement for Electric Service which may Include additional charges before Company takes action to provide electric service In some cases Customer may be asked to sign an Agreement for Electric Service after electric service has been provided If Customer refuses to sign or delays in signing the Agreement for Electric Service Company may by written notice to Customer assign the maximum electrical load to be used for billing purposes In accordance with the Tariff for Electric Service In case of conflict between the provisions of an Agreement for Electric Service and the rate schedule specified In such agreement the provisions of the agreement apply Company may terminate an Agreement for Electric Service for any default or breach by Customer of such Agreement for Electric Service these Service Regulations or Company's rate schedule specified In such Agreement for Electric Service Failure of Company to terminate an Agreement for Electric Service at any time after default or breach by Customer of such Agreement for Electric Service or to resort to any other legal remedy or Its exercise of any one or more of such remedles does not affect Company's right to resort thereafter to any one or more of such remedies for the same or any future default or breach by Customer If Company terminates an Agreement for Electric Service due to a default or breach by Customer, In addition to the amount then due Company there Immediately becomes due and payable to Company as liquidated damages and not as a penalty a further sum equal to the minimum amount guaranteed for the unexpired term of the Agreement for Electric Service An Agreement for Electric Service under any rate schedule, except as otherwise therein provided, Is for a term of not less than one year Service agreements shall Inure to the benefit and be binding upon the respective heirs, legal representatives, successors and assigns by operation of law, of the par- ties thereto, but shall be voluntarily assignable by any party only with the written consent of the other(s) except that Company may withOL Customers consent, assign Section No Sheet No TEXAS UTILITIES ELECTRIC COMPANY TARIFF FOR ELECTRIC SERVICE IV 4 Effective Date Januar 1, 1987 Revision Page One 3 of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION IV Entire System OBTAINING ELECTRIC SERVICE 4 02 AGREEMENT FOR ELECTRIC SERVICE (Continued) any service agreement to any person or corporation In any lawful way acquiring or operating all or any part of Company's facilities used In supplying electric service under such agreement 4 03 SECURITY FOR PAYMENT OF ELECTRIC SERVICE BILLS Company may require a deposit up to a maximum of one -sixth of the estimated annual electric bill from Customer or prospective Customer who has not established satisfac- tory credit as security for the payment of electric service bills or other charges The deposit, it required for a prospective residential Customer or a former residen- tial Customer that reapplies for electric service at a new or existing location is $60 00 or the maximum amount, whichever Is less Company may require a deposit up to maximum amount from a residential Customer currently receiving electric service who has more than one occasion during the last twelve (12) consecutive months of service In which a bill for electric service was paid after becoming delinquent or If service was disconnected for nonpayment If actual billings of residential Customer are at least twice the amount of estimated billings after at least two billing periods, Company may require new deposit from Customer A residential Customer may furnish Company In lieu of a cash deposit, a written guarantee safisfactory to Company If a deposit required for a prospective or current non-residential Customer is less than maximum amount, Company may require an additional deposit up to maximum amount If actual billings are at least twice the amount of the estimated billings At Companyts option, a written guarantee surety bond or other form of security may be provided by non-residential Customer In lieu of a cash deposit Company pays or credits, annually to Customer Interest on deposits at a rate of 6 00% per annum Interest Is credited against current billing of Customer or paid in cash If requested, at least once during a twelve month period The deposit plus any unpaid Interest, less any amount due Company by Customer is paid to Customer as soon as practical after discontinuance of service Company makes a reasonable effort to return the deposit however, no Interest accrues on a deposit or portion of a deposit unclaimed by Customer after final discontinuance of service Deposits are held by Company for a period of not more then twelve months of resIden- tial rate accounts and not more than twenty-four months on nonresidential rate accounts (except on discontinuance of service on Customer request), provided service has not been disconnected for nonpayment of bill and there have been no more than two occasions in which bill was delinquent, and when Customer Is not delinquent in the payment of current bills When a Customer has established such satisfactory credit record, the deposit is applied to Custooerts account or refunded, with applicable Interest or Company voids and returns to guarantor all written guarantees delivered to Company, as appropriate Company may retain deposit of Customer being billed on Company's average payment plan for duration of such plan Section No Sheet No TEXAS UTILITIES ELECTRIC COMPANY TARIFF FOR ELECTRIC SERVICE IV 5 Effective Date November 13 1984 Revision Page I I I of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION V Entire System USE OF ELECTRIC SERVICE 5 01 LIMITATIONS ON USE OF ELECTRIC SERVICE 5 01 01 Resale of Company's Electric Service - Customer may not use electric service provided by Company except for the purposes specified In the rate schedule under which Customer receives electric service Customer may not resell or otherwise dispose of electric service unless as provided by statute or as specifically provided for in the rate schedule or Agreement for Electric Service 5 01 02 Intrastate Electric Service Limitations - Company does not provide electric service to Customer where any part of Customer's electrical Installation Is located outside the State of Texas or is connected directly or indirectly to any other electric lines, all or part of which are located outside the State of Texas 5 01 03 Parallel Operation - Customer may not connect his lines to another source of electric energy in a manner that may permit electric energy to flow Into Company's system from such source without written agreement with Company 5 01 04 Extension of Customer's Wiring - Customer may not extend Customer's Installation across or under a public street or alley, or other lands not owned or loosed by Customer without the written consent of Company 5 02 CUSTOMER'S ELECTRICAL LOAD 5 02 01 Load Balance - Company requires Customer to control the use of electric energy so that Customer's electrical load at the point of delivery Is In reasonable balance 5 02 02 Allowable Motor Starting - Company permits across -the -line starting of electric motors where Company determines that Its facilities are adequate and the frequency of starts are such that other Customer's service will not be adversely affected When Company determines that the operation of electric motors with full voltage starting adversely affects electric service, Customer provides suitable reduced voltage starting devices or other corrective equipment, or pays to Company the costs of additions or changes to Company's facilities necessary to correct such condition Any motor starting devices are to be of a type approved by Company and are to be provided and Installed by Customer 5 02 03 Intermittent Electrical Loads - Electric service to equipment such as spot and are welding machines, X-ray machines, arc -furnaces, elevators, dredges, locomotives, sho- vets, feed grinders, etc , whose use of electricity Is Intermittent and subject to violent fluctuations Is provided to such equipment as a part of Customer's Installa- tion or by a transformer dedicated solely to that equipment and served as a separate account Customers contemplating the Installation of such equipment are to make spe- cific prior arrangements with Company TEXAS UTILITIES ELECTRIC COMPANY Section Title Service Regulations TARIFF FOR ELECTRIC SERVICE Tariff Name SUBSECTION V USE OF ELECTRIC SERVICE 5 02 CUSTOMER'S ELECTRICAL LOAD (Continued) 5 02 03 (Continued) Section No Sheet No IV 1 5 Effective Date November 13 1984 Revision Page 0 1 2 of 3 Appi]cable Entire System Where intermittent electrical loads or load control devices are a part of Customer's Installation, Company may determine Customer's billing demand on the basis of a time Interval which is shorter than that specified In Company's rate schedule under which Customer is receiving electric service 5 02 04 Equipment Necessary to Limit Adverse Effect - Company may require Customer to provide at Customer's expense suitable apparatus to limit the effect of voltage fluctuations caused by electric equipment in Customer's installation where Customer Is found to be operating electric equipment which produces voltage fluctuations, interference or distorted wave forms which adversely affect electric service provided by Company to other Customers In lieu of requesting Customer to Install such suitable or special equipment limiting such adverse effect, Company may, at Its option Install at Customer's cost additional transformer capacity (which may or may not be dedicated solely to such customer) or other equipment specially designed to reasonably limit such adverse effect 5 02 05 Equipment Sensitive to Voltage and Wave Forms - Customers planning the Installation of electric equipment such as computers communication equipment electronic control devices, etc , whose performances may be adversely affected by voltage fluctuations and distorted 60 hertz wave forms are responsible for providing and Installing the necessary facilities to limit these adverse effects 5 02 06 Change in Customer's Electrical Load - Customer notifies Company when Customer's electrical load is to be changed substantially in order that Company may ensure Its facilities are adequate In the event Customer adds electrical load at Customer's Installation that results In the use of electric service in excess of the maximum stipulated In the Agreement for Electric Service, Company may hold Customer liable for any damage to Company's fact l ItIes resulting from the use of electric service in excess of such maximum 5 02 07 Power Factor - If the power factor of Customer's load is less then 90% lagging Company may require Customer to Install appropriate equipment to maintain a power fac- tor of not less than 90% lagging or at Company's option to reimburse Company for Installing the necessary equipment Section No Sheet No IV TEXAS UTILITIES TARIFF Effective Date ,5 ELECTRIC COMPANY FOR ELECTRIC SERVICE November 13 1984 Revision Page Original13" of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION V Entire System USE OF ELECTRIC SERVICE 5 03 TAMPERING WITH COMPANY'S METERS, EQUIPMENT OR OTHER PROPERTY No Company meters, equipment or other property whether on Customer's premises or elsewhere, are to be tampered with or Interefered with for any reason Company Is not liable for Injury to Customer Customer's employees or others resulting from tampering with or attempting to repair or maintain any of Company's facilities, and Customer agrees to Indemnify and hold Company harmless therefrom 5 04 UNAUTHORIZED USE OF ELECTRIC SERVICE In the event of use or evidence of attempted use of Company's electric service without Company's authorization, whether by tampering with Company's meter or equip- ment or by any other means, electric service may be discontinued by Company Customer pays the charge for restoring service as provided in Company's rate schedules under which Customer receives electric service and Customer may be required to pay all charges, Including the following, before service Is resumed (a) The charge for the estimated amount of electricity used without Company authori- zation which may be estimated based on amounts used under similar conditions during preceding years Where no previous usage history exists or Is considered unreliable, consumption may be estimated on the basis of usage levels of similar customers and under similar conditions (b) The cost of replacement or repair of any damaged meter or associated equipment and (c) The cost of Installing protective facilities or of relocation of meter, If deter- mined necessary by Company If electric service is restored by other than authorized Company personnel after being discontinued by Company, Company may discontinue electric service and dismantle and remove all lines, equipment, apparatus or other facilities which Company Installed to provide electric service to Customer Company may, however, abandon In place, In whole or In part, Its underground lines and equipment In lieu of removing such facili- ties If It is shown to the satisfaction of Company that Customer or applicant for service had no connection with or knowledge of unauthorized use, electric service Is restored after the condition causing or permitting the unauthorized use of electric service Is corrected Company may charge Customer for the estimated amount of unauthorized electric service used TEXAS UTILITIES ELECTRIC COMPANY Section Title Service Regulations TARIFF FOR ELECTRIC SERVICE Tariff Name SUBSECTION VI CHARGES FOR ELECTRIC SERVICE 6 01 RATE SCHEDULES FOR ELECTRIC SERVICE Section No Sheet No 1 1 6 Effective Date November 13 1984 Revlslon Page or, Inal 1 of 5 Applicable Entire System Company has available at each of Its business offices various rate schedules for electric service, and provides Customer at Customers request and at no cost copy of rate schedule under which Customer is billed Company provides additional or multiple copies of Its rate schedules, or any portion of Its tariffs at reproduction costs Customer is solely responsible for selecting the applicable rate schedule most favorable to Customer Company at Customer's request, will assist In selecting the rate schedule best adapted to existing or anticipated electric service requirements as defined by Customer but Customer Is solely responslble for the choice between two or more appli- cable rate schedules Customer having selected a rate schedule may not change to another rate schedule during the contract term without Company's consent Where a written Agreement for Electric Service Is in effect between Company and Customer and Customer elects to change to another rate schedule which is applicable to Customerts class of service the billing continues under the rate schedule in effect until the Agreement for Electric Service on the new rate schedule has been properly executed by both Customer and Company Company may not know of changes that occur In Customer's operating conditions there- fore, Company does not assume responsibility that Customer receives electric service under the most favorable rate schedule When Customer selects a rate schedule, Company is not required to make any refunds covering the difference between the charges under the rate schedule In effect and those under any other rate schedule which would be applicable to the same service 6 02 BILLING AND PAYMENT OF ELECTRIC SERVICE 6 02 01 Billing Period - Company meters are read and bills for electric service rendered to Customers usually for a period of approximately 30 days The regular billing period may vary from 28 to 33 days All bills for periods other than regular billing periods are subject to proration based on 30 days unless specified otherwise In the appli- cable rate When it is not possible with reasonable diligence to read a meter for a billing period or in months when meters are not read, Company may render an estimated bill Customer is given the opportunity to provide Company with a meter reading which If received in time Is used by Company for billing An actual meter reading Is used for billing at least every six months Section No Sheet No TARIFF IV 6 Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANYNovember IS 19A4 ELECTRIC SERVICE Revision Page Ori Inal 2 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION VI Entire System CHARGES FOR ELECTRIC SERVICE 6 02 BILLING AND PAYMENT OF ELECTRIC SERVICE (Continued) 6 02 02 Calculation of Charges - Charges for electric service are calculated using Company's rate schedules and the Agreement for Electric Service where applicable Customer is normally provided electric service at secondary voltage However, when appropriate according to the rate schedule under which Customer receives electric service and If Customer takes service at primary distribution or transmission voltage Company may at Its option meter service on the secondary side of Customer's transformers and adjust kwh and/or kw as shown below unless indicated otherwise In the applicable rate sched- ule or in the Agreement for Electric Service Prl nary Distribution Voltage Billing Based on kW Billing Based Transmission Under 50 kw, 50 kw and Over on kwh Voltage 2 0% added to 1 0% added to 2 0% added to 0 BS added to measured kwh measured kw measured kwh measured kw and kwh and kwh 6 02 03 Due Date and Payment - Bills for electric service are due not less than sixteen (16) days after Issuance and may be deemed delinquent if unpaid after sixteen (16) days after Issuance Postmark on envelope of bill or Issuance date on bill If there is no postmark on envelope, constitutes proof of date of Issuance If due date falls on holiday or weekend, due date for payment purposes Is next work day after due date A late payment charge when applicable Is calculated according to the rate schedule under which Customer receives electric service and is shown on the bill Partial payment of amount due by Customer Is applied first to any billed deposit amount then to the oldest bill Including late charges if any before any amount is applied to current bill Charges for services related to Customer energy audits performed by Company at Customer's request may be Included with Customer's electric service bill Company mails the bill for electric service to Customer at the address at which serv- ice is received or such other address as designated by Customer Company may, at Its option, use other methods for delivery of bills Bills are to be paid at or mailed to an office or authorized payment agency of Company Payment at Company's authorized payment agency Is considered payment to Company Part l al payments and payments of past due bills are to be paid only at Company offices Failure by Customer to receive a bill does not exempt Customer from liability of payment for electric service Section No Sheet No IV 6 TEXAS UTILITIES TARIFF Effective Date FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Rev islon Page Original 3 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION VI Entire System CHARGES FOR ELECTRIC SERVICE 6 02 BILLING AND PAYMENT OF ELECTRIC SERVICE (Continued) 6 02 04 Disputed Bills - In the event of dispute between Company and Customer as to amount of bill, Customer pays by due date undisputed portion of bill and any of the disputed portion which does not exceed Customer's average monthly usage for preceding twelve month period based upon current rate schedules Remaining portion of bill Is due and payable sixty (60) days after Issuance or upon completion of dispute if sooner A dispute is completed upon notification by Company to Customer of the results of Company's Investigation, unless within 5 days of such notification Customer flies a written complaint with the municipal regulatory authority or the Public Utility Commission of Texas and forwards a copy to Company 6 02 05 Customer Inability to Pay - Company offers upon request deferred payment plan to any residential Customer who has demonstrated good faith ability to pay reasonable portion but not all of electric service bill If Customer has not previously been delinquent in payment of bill at any time during preceding twelve months Company offers upon request Installment payment agreement to residential Customer residing In Individually metered dwelling unit and delinquent in payment of bill for electric service when Customer establishes that discontinuance of service will result In some person residing at that residence becoming seriously III or more seriously III Customer must submit a written request supported by written statement from licensed physician Both request and statement must be received by Company within seven (7) days of Issuance of bill The Installment payment agreement shall prevent termination of service for a period agreed upon by both Company and Customer up to a maximum of forty (40) days Customer must sign Installment payment agreement pro- viding for payment along with timely payments for subsequent bills Customer may not request installment payment agreement to prevent discontinuance of service more than twice In any calendar year 6 02 06 Adjustment of Bills for Misapplication of Rate Schedules - In the event of an under - billing by Company for electric service due to a misapplication of a rate schedule or If Company fails to properly bill Customer, Company determines the correct charges for electric service and bills Customer for such underbllling for a period not to exceed six months prior to the current bill unless Company can produce records and justify such underbllling for a longer period In the event of an overbilling by Company, Company determines the correct charges and refunds to Customer the amount of any such overbilling 6 03 METERING ELECTRIC SERVICE Company tests and maintains the accuracy of Its meters and the readings of Companyts meter are conclusive as to the quantity of electric power and energy taken by Customer unless, upon test, the motor Is found to be In error by more than the limits set forth by the American National Standards Institute Section No Sheet No TEXAS UTILITIES ELECTRIC OOMPANY TARIFF FOR ELECTRIC SERVICE IV 6 Effective Date November 13 1984 Revision Page 1 0 4 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION VI Entire System CHARGES FOR ELECTRIC SERVICE 6 03 METERING ELECTRIC SERVICE (Continued) Customer may request and witness a test of Company's meter without charge to Customer, during Company's normal working hours at a time convenient to Customer to check the accuracy of the meter The test Is made preferably on Customer's premises, but may be made, at Company's option, at the Company's meter test laboratory Company may require Customer to pay the cost of such test if the meter has been previously tested at Customer's request within the past four years and Is found to be within accuracy limits specified by the American National Standards Institute but this charge Is in no event more than $15 00 for a residential Customer 6 04 ADJUSTMENT OF BILLS FOR METER INACCURACY If the results of a meter test show the meter to be outside the accuracy limits as specified by the American National Standards Institute Company refunds to Customer any overcharge and may bill Customer any undercharge for a period not to exceed the period permitted by the applicable rule of the Public Utility Commission of Texas, or, If there Is no such rule the applicable statute of limitations 6 05 ADJUSTMENT OF BILLS FOR INCORRECT METERING If the meter Is found not to register for any period unless bypassed or tampered with, Company may charge Customer for the estimated amount of electricity used for a period not to exceed the period permitted by the applicable rule of the Public Utility Commission of Texas, or, if there is no such rule, the applicable statute of limita- tions based on preceding or subsequent periods of known accurate measurement If a meter is found to have an Incorrect register connection multiplier or constant, Company will refund to Customer any overcharge and may bill Customer any undercharge for the period of time the meter was used In billing Customer, not to exceed the period permitted by the applicable rule of the Public Utility Commission of Texas, or, If there Is no such rule, the applicable statute of limitations 6 06 IMPROPER METERING OF CUSTOMER'S INSTALLATION IN MULTI -FAMILY DWELLINGS Where Company provides electric service through Individual meters for each living unit In multi -family dwellings, owner of each Individually metered living unit Is respon- sible for proper connection of Customer's Installation to Company's meter socket, Including correct Identification and labeling of Company's meter socket to designate living unit being metered Company requires owner to correct any Improper connection or Identification and, when responsible, reimburse Company for any monetary losses Company may suffer due to adjustments in Customer billing for such connection and Identification errors Section No Sheet No TEXAS UTILITIES TARIFF FOR IV 6 Effective Date ELECTRIC COMPANY ELECTRIC SERVICE November 13 19B4 Revision Page Original 5 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION VI Entire System CHARGES FOR ELECTRIC SERVICE 6 07 TRANSFER OF ELECTRICAL LOAD BETWEEN POINTS OF DELIVERY BY PRIMARY OR TRANSMISSION VOLTAGE CUSTOMERS Upon written notice by Customer to Company within five days of a transfer of electri- cal load between points of delivery of a primary or transmission voltage Customer and after receipt of proof of the number of kw transferred Company will adjust the billinq of the affected points of delivery to ensure that kw demand charges for the transferred load are billed at only one of the affected points of delivery However, no adjustment will be made at any point of delivery where the actual demand has exceeded the contract kw due to load transfer Section No I Sheet No TEXAS UTILITIES ELECTRIC COMPANY Section Title Service Regulations TARIFF FOR ELECTRIC SERVICE Tariff Name SUBSECTION VII DISCONTINUANCE OF ELECTRIC SERVICE 7 01 CUSTOMER DISCONTINUES ELECTRIC SERVICE Effective Date Rev lslon Page Or lnel 1 Applicable Entire System Customer must notify Company of the date Customer desires to discontinue electric service, and Customer is not held responsible for electric service after such date unless Customer continues to use electric service or the terms and conditions of an existing Agreement for Electric Service have not been met Company Is not obligated, after discontinuance to again provide electric service to Customer at the same service location unless Customer reapplies for and Company agrees to provide electric service Company charges a disconnection fee to Customer who Is located In a multi -certificated area and who Is receiving permanent electric service for Customer's electrical load and who switches such service to another electric utility 7 02 COMPANY DISCONTINUES ELECTRIC SERVICE Company, in addition to all other legal remedies, may discontinue electric service to Customer without liability, and with such notice as Is required by the Public Utility Commission of Texas, for any of the following reasons (a) Nonpayment by Customer of delinquent electric service blI is or failure to comply with terms of a deferred payment agreement or average payment plan (b) Failure of Customer to make application for service (c) Failure of Customer, on request to provide Company with a required deposit or other security (d) Failure of Customer to make application for service In the true name of Customer for the purpose of avoiding payment of an unpaid bill for electric service (a) Refusal by Customer to provide Company reasonable access to Its equipment on Customer's premises (f) Failure by Customer to conform to the provisions of these Service Regulations, the rate under which Customer is receiving electric service or Agreement for Electric Service (g) Violation or noncompliance with any applicable Federal, state, municipal or other local laws, rules or regulations Ion TEXAS UTILITIES ELECTRIC COMPANY Section Title Service Regulations TARIFF FOR ELECTRIC SERVICE Tariff Name SUBSECTION VII DISCONTINUANCE OF ELECTRIC SERVICE 7 02 COMPANY DISCONTINUES ELECTRIC SERVICE (Continued) IV 1 7 Effective Date November 13 1984 Revision Page Original 2 of Applicable Entire System (h) Use by Customer of electric service In such manner as to Jeopardize electric service to Customer or others (1) Unauthorized use of electric service by Customer (J) Tampering with Company's meter or other property (k) Failure by Customer to pay an estimated bill rendered by Company when meter Is not read due to circumstances beyond control of Company (1) Failure by Customer to pay a bill resulting from an underbillinq due to failure to properly bill Customer or misapplication of rate schedules less than six months prior to the current bill (m) When Customer has signed a written guarantee for another Customer and refuses to pay guaranteed amount, on demand by Company (n) Failure by Customer to pay an estimated bill resulting from an Inaccurate or stopped meter or from a meter having an Incorrect register, connection multiplier or constant (o) Failure by Customer to pay a bill or enter Into a deferred payment agreement within twenty-three (23) days from the date a bill is Issued and If proper notice has been given Proper notice shall consist of a mailing or hand delivery at least seven (7) days prior to a stated date of disconnection, with the words "termination notice" or similar language prominently displayed on notice Information Included In notice Is provided In English and Spanish as necessary to adequately Inform Customer If mailed, cut-off day does not fall on holiday or weekend, but on next working day after seventh day Company discontinues electric service for nonpayment of bills only during regular business hours Company holding a Customer deposit or other security does not prevent discon- tinuance of electric service by Company (p) Failure by Customer to comply with Installment payment agreement negotiated as result of seriously III person and after forty (40) days from Issuance of bill or such lesser period as specified In agreement (q) When a hazardous condition exists In Customer's electrical Installation (r) Where service is connected or reconnected without authority of Company Section No I Sheet No TEXAS UTILITIES ELECTRIC COMPANY Section Title Service Regulations TARIFF FOR ELECTRIC SERVICE Tariff Name SUBSECTION VII DISCONTINUANCE OF ELECTRIC SERVICE 7 02 COMPANY DISCONTINUES ELECTRIC SERVICE (Continued) Effective Date November 13 1984 Revision Page Ori Inal 3 Applicable Entire System Company has the right to operate any Customer -owned disconnect switches and lock these switches In the "off" position as necessary to discontinue electric service to Customer When Company discontinues electric service to Customer for failure in the performance of Customer under the provisions of these Service Regulations, the rate schedule under which Customer is receiving electric service, or the Agreement for Electric Service, then before Company restores electric service Customer must correct to the satisfac- tion of Company all defaults which caused electric service to be discontinued and pay the additional charge for restoring electric service as provided in Company's rate schedules When Company discontinues electric service to Customer Customer's obligation spe- cified In these Service Regulations, the rate schedule under which Customer was receiving electric service or the Agreement for Electric Service, is not lessened or changed, nor Is the amount of money due and payable to Company affected in any manner Failure of Company to discontinue electric service at any time after default or breach of these Service Regulations the rate schedule under which Customer is receiving electric service, or the Agreement for Electric Service or to resort to any legal remedy or Its exercise of any one or more of such remedies does not affect Company's right to resort thereafter to any one or more of such remedies for the same or any default or breach by Customer Section No Sheet No TARIFF IV 1 8 TEXAS UTILITIES FOR Effective Date ELECTRIC COMPANY November 1 ELECTRIC SERVICE Revision Page Ori Inal 1 of Section Title Tariff Name Applicable SUBSECTION Vlll Service Regulations INTERCONNECTION WITH SMALL Entire System POWER PRODUCTION FACILITIES 8 01 GENERAL Company may, In accordance with the provisions of this section and any other appli- cable sections of these Service Regulations Interconnect Its electric system with the electric generation facilities of a small power producer having a design capacity of 100 kW or less In a manner that permits electric power and energy to flow Into Company's system These terms and conditions for Interconnection are the minimum requirements for safe and effective operation of small electric power production facilities Interconnected and operated in parallel with Company's electric system and may be changed by Company, after evaluation of each small power production facility as Is necessary to prevent adverse effects on the general public or to Company equip- ment or personnel Small power producer is required to make written request to Interconnect his genera- tion facilities with Company's electric system Small power producer mist meet all Company requirements for Interconnection and metering and submit detailed electrical diagram of his generation facilities, Including specifications and pertinent data of such equipment and Its protective features for Company review prior to completion of purchase agreement by Company Company's review is not construed as confirming or endorsing the design or as any warranty or representation of safety durability or reliability of the facility or equipment Small power producer Installs owns operates, and maintains all necessary Intercon- nection facilities including control and protective devices on small power producer's side of point of Interconnection with Company as determined by Company to be suitable for parallel operation of generation facilities with Company's system Point of Interconnection Is point where small power producer's conductors are con- nected to Company's conductors Company performs all work relating to actual connec- tion and any necessary additions or modifications to Company's system Small power producer is responsible for protection of his equipment In such a manner so that service outages, short circuits or other disturbances on Company's system do not damage small power producer's equipment 8 02 COST OF INTERCONNECTION Small power producer pays Company for Interconnection cost Interconnection cost means the reasonable costs of connection, switching, metering transmission, dlstrlbu- tion safety provisions, engineering and administrative costs Incurred by Company directly related to the Installation of physical facilities necessary to permit inter- connected operations with small power producer to the extent such costs are In excess of corresponding costs Company would have Incurred if It had not engaged In Intercon- nected operations, but Instead generated an equivalent amount of electric energy Section No Sheet No IV 8 TEXAS UTILITIES TARIFF Effective Date ELECTRIC COMPANY FOR ELECTRIC SERVICE November 13 1984 Revision Page Ori Inal 2 of Section Title ariff Name Appliceble 7INTERCONNECTION SUBSECTION VIII Service Regulations WITH SMALL Entire System POWER PRODUCTION FACILITIES 8 02 COST OF INTERCONNECTION (Continued) Itself or purchased an equivalent amount of electric energy or capacity from other sources Company retains complete ownership and control of such equipment and Company does not reimburse small power producer for any of such costs upon termination of purchase arrangements 8 03 APPROVAL AND INSPECTION Small power producer must not connect his electric generating equipment In parallel with Company's system except as may be allowed by Company's written approval Such approval to Interconnect is given only after Inspection by Company of small power producer's generation facilities prior to initial energization and start up testing Small power producer notifies Company In writing at least twenty-four hours before Initial energization and start up testing of small power producer's generating facil- ities and Company reserves the right to Inspect such facilities and witness testing of any equipment and devices associated with Interconnection Company reserves the right to Inspect small power producer's generating facilities at all reasonable times and has the right to enter upon premises of small power producer for purpose of such Inspection Small power producer notifies Company and obtains approval of Company prior to any modification of small parer producer's Installation 8 04 ELECTRICAL DESIGN REQUIREMENTS Small power producer's Installation must meet all applicable national state and local construction and safety codes Small power producer's alternating current generating system must be 60 Hertz, single or three phase, and output of a three phase generator must be balanced equally between all three phases Single phase units must be no larger than 25 kilowatts Small power producer must not use a synchronous generator operating In parallel with Company's system Company specifies Interconnection voltage Small power producer must automatically and Instantaneously disconnect small power producer's generator from Company's system in event of power outage or Interruption of Company's system Section No I Sheet No TEXAS UTILITIES TARIFFFOR Effective Date ELECTRIC COMPANY November 13 19 ELECTRIC SERVICE Revision Paqe Orl Inal 3 Section Title Tariff Name Applicable SUBSECTION VIII Service Regulations INTERCONNECTION WITH SMALL Entire System POWER PRODUCTION FACILITIES 8 04 ELECTRICAL DESIGN REQUIREMENTS (Continued) Small power producers generating facility must not have the capability nor be per- mitted to energize a de -energized circuit of Company Small power producer furnishes and Installs manually operable load break Isolatinq switch with visible break, accessible to Company personnel and capable of being locked In open position Small power producer's generation facilities must be Isolated from Company's distribu- tion system by a power transformer unless otherwise aqreed Method of transformer connection Is specified by Company If small power producer is also an electric service Customer of Company, Company provides distribution transformer(s), service and other facilities with sufficient capacity to serve Customer's normal load without generation If such transformer(s) Is deemed to be unacceptable to Company to serve both small power producer's load and generation then small power producer pays Company for excess Investment costs of installing a larger or separate transformer(s) Company reserves the right to require small power producer, at his expense to provide corrections or additions to existing control and protective equipment required to pro- tect Company's system in event of modification of government or Industry regulations and standards 8 05 METERING Company furnishes, Installs, maintains and owns necessary meter(s) to record energy purchases in meter sockets or other related metering equipment furnished and installed by small power producer Company reserves the right to Install, at Its expense, any additional metering or recording Instruments In small power producer's generation facilities for collection of test and operating data Small power producer has the right to request an Independent meter test of necessary meter(s) to record energy purchases If meter(s) Is found to be within the accuracy standards established by the American National Standards Institute, Incorporated such test Is at expense of small power producer otherwise test is at expense of Company 8 06 OPERATING REQUIREMENTS Small power producer maintains his power factor within reasonable range For small generators, power factor correction, at Companyts option, may not be necessary Small power producer assumes full responsibility for routine maintenance of his genera- tor, control and protective equipment and the keeping of records for such maintenance which shall be available to Company for Inspection at all reasonable times Section No Sheet No IV 8 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13 ELECTRIC SERVICE Rev lsion Page Ori Inal 4 of Section Title Tariff Name Applicable SUBSECTION Vlll Service Regulations INTERCONNECTION WITH SMALL Entire System POWER PRODUCTION FACILITIES 8 06 OPERATING REQUIREMENTS (Continued) Small power producer promptly notifies Company of any emergency or hazardous condition or occurrence which In any way affects or could affect safe operation of Company's system In Interconnection with small power producer's facilities Parallel operation of small power producer's generation facility must not cause any reduction In quality of service being provided to Company's Customers, with no abnor- mal voltage, frequency, harmonic distortion or other service Impairing disturbances permitted If such abnormal conditions result from operation of small power producer's facilities then such equipment is disconnected from Company's system until problem is resolved Correction of such operation problems are at expense of small power producer Small power producer discontinues parallel operation when requested by Company for any of the following reasons (a) To facilitate maintenance or repair of Company's facilities (b) System emergency (c) Inspection of small power producer's generating and protective equipment reveals a hazardous condition, a lack of maintenance or a lack of maintenance records (d) Small power producer's generating facilities are operating In a hazardous manner or operating such that they are interfering with Company's Customers or with operation of Company's system While an effort is made to provide notice, Company reserves the right to disconnect small power producer without prior notice for any of the reasons stated above 8 07 LIABILITY Small power producer Idemnif ies and holds Company harmless for all damages and Injuries to Company or others arising out of small power producer's use ownership, or operation of his small power production facilities Including but In no way limited to damages or Injuries caused In whole or In part by negligence of small power pro- ducer or others Small power producer is solely responsible for providing adequate protection for his generation facilities operating In parallel with Company's system and holds Company harmless from any liability for damages or injury to small power producer, others, or small power producer's facilities arising out of such parallel operation, Including the disconnection thereof unless caused solely by Company's negligence Section No Shea+ No 1V 9 TARIFF Effective Date TEXAS UTILITIES ELECTRIC COMPANY FOR November 13 1964 ELECTRIC SERVICE Revision Page Original i of 1 Section Title Tariff Name Applicable Service Regulations SUBSECTION IX Entire Sys+em SERVICE AGREEMENTS Agreement No Account No AGREEMENT FOR ELECTRIC SERVICE (If not an individual specify whether corporation (name state) partnership (hereinafter called Customer and municipal corporation other) . a division of Texas Utilities Electric.CDmmers— a Texas Corporation (hereinafter called Company ) in consideration of the mutual covenants and agreements herein contained and of the mutual benefits to be derived bereft= hereby covenant and agree as follows 1 Company agrees to provide and Customer agrees to take and pay for all electric power and energy required by Customer for the operation of Customer a business or activity at the promisee owned or occupied by Customer at Texas Electric power and energy provided under this agreement will be furnished by Company to Customer under and pursuant to such gate Schedule and Service Regulations of Company as may from time to time be fixed and approved in Company a Tariff for Electric Service by regulatory authorities as may have jurisdiction at the above referenced promisee SAID RATE SCHEDULE AND SERVICE REGULATIONS ARE PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN AND ARE ON FILE AND AVAILABLE AT COMPANY OFFICES 2 Company shall provide electric power up to a demand of kw The electric s rvico to be delivered hereunder will be of the character commonly described as volt phase at 60 hertz with reasonable variation to be allowed The electric power and energy cc be delivered by Company to Customer shall be provided in accordance with tems and conditions of gate Schedule which may from time to time be mended or succeeded The tom of this agreement shall be for from or from date of initial service hereunder whichever shall be earlier Unless written notice to given by either party hereto to the other not less then 30 days before expiration of this agreement it shall be continued for another year and from year to year thereafter until terminated by slid written notice served not leas than 30 days before the expiration of any one such yearly period 3 Customer agrees to grant or secure for Company at Customer a expense any rights - of way on property owned or controlled by Cust over and to provide suitable space on said premises for installation of facilities where such rights -of -way and space are necessary to provide electric service to Customer 4 This agreement supersedes all previous agreements written or verbal between Company and Customer for the service described herein and shall inure to the benefit of and be binding upon the respective heirs legal representative, successor$ and assigns of the parties hereto but no assignment by Customer shall be banding upon Company until accepted in writing by Company This agreement is subject to all laws and governmental regulations and to the provisions of Company s franchises now in effect or which may hereafter became effective ACCEPTED BY COMPANY ACCEPTED BY CUSTOMER Signature Signature Date Signed Date Signed RATE ADMINISTRATION INDEX A General Comments Page I Nature of Electric Industry 1 it Components of Cost of Service 2 III Characteristics of Electric Customers 3 IV Objectives of Rate -Making 4 v Rate Design 4 vI Definitions 5 B Summary of Available Rates I General li Residential Rates III General Service Rates Iv Municipal Service Rates v Other Rates and Riders C Rate Application i Rate Selection II Rate Provisions III Determination of Billing Demand Iv Billing Procedure v Rules for Decimals vl Bill Proration vil Rate Equations D Metering Equipment E Agreements for Electric Service 7 9 10 13 14 16 16 17 20 20 21 24 27 i Conditions when Agreements are Required 28 II Standard Voltages for Electric Service 29 III Contract Minimums 30 Iv Contract Administration 30 F Extension Policy 33 General Comments (10-84) A GENERAL COMMENTS The purpose of these comments Is to present a brief Introduction of rates in the electric Industry and to give an explanation of the principles and terms used in making and talking about rates I Nature of the Electric Industry Since electric energy cannot be stored in any meaningful quantity, facilities must be constructed so that It can be used whenever customers want to use It in whatever quantity desired The amount of power requested by a customer In a specific time frame is referred to as demand Demand Is one of the primary factors in the design structure and dollar amount of electric rates The electric utility Industry Is commonly referred to as a 'capital Intensive" Industry This Is due to the high cost and quantity of dollars required to ensure that equipment necessary for the conversion to and delivery of electric energy Is capable at all times of delivering the peak demand of customers This means that large amounts of capital must be Invested In equipment which operates at full capacity only part of the time Investment for generation transmission and distribution facilities Is about E4 00 In plant for each E1 00 of revenue from electric energy sales This compares to an Investment of about $0 75 for each E1 00 of revenue for the manufacturing Industry as a whole General Comments (10-84) II Components of Cost of Service Two major types of costs are Incurred in supplying electric energy Fixed costs exist regardless of variation In kWh sales and generally amount to about 40% of the total cost of service Examples of fixed costs are the capital costs related to generation transmission, distribution and general plant taxes, and operating and maintenance expen- ses required to keep the plant in good order Other fixed costs are meter reading, billing, bookkeeping, and general administration expenses Variable costs consist of fuel cost, some associated operating expenses, and some taxes which are based on revenue The fixed and variable components of cost are reflected by various means In every rate The portion of the rate normally called the "demand charge" represents to some degree the fixed cost component The portion of the rate normally called "energy charge" represents to some degree the variable cost component For purposes of rate -making, this logic leads to the grouping Into classes of those customers having similar characteristics Such classes generally include residential, commercial and Industrial, large Industrial, resale or wholesale, and certain governmental or municipal type classes -2- General Comments (10-84) III Characteristics of Electrical Customers There is a substantial variation in the quantity of electric energy (kWh) and in the demand NW) required by the various classes of customers A few examples are as follows - Single family residential dwellings use between 9 000 and 12,000 kWh per year on average - Stores service stations churches, schools small manufacturing and others In the commercial and Industrial groups use about six to ten times as many kWh per year on average than does the residential group - Large commercial and industrial customers use even more kWh per year The kW demand also varies widely between customer classes Most homes require less than 10 kW small commercial and Industrial customers range from less than 10 kW demand to 100 kW or more and large commercial and Industrial customers while generally below 10 000 kW commonly go up to 40 000 kW or more The load factor of various customers and classes of customers also varies widely Load factor Is the relationship between a customer's demand (kW) and the quantity of energy (kWh) used Most homes have an annual load factor near 30% small commercial customers vary somewhat but on average are near 35% and large industrial customers vary even more but generally have load factors In excess of 50% with some approaching 100% -3- General Comments (10-84) Iv Objectives of Rate -Making The objectives In developing the Company's rates are to establish and maintain a fair price structure which does not unduly burden or discriminate between customers or classes of customers In addition, the total revenue from all the rates thus developed must equal the total revenue requirement of the Company Rates must be as simple as possible to aid In customer understanding and acceptance, and must be designed in such a way as to promote conservation and efficient load management activities v Rate Design Residential customer characteristics are for the most part fairly similar The rela- tionshlp between energy use, demand, and load factor are all confined within a relatively narrow band for most customers For this reason a simple block rate combining demand and energy charges Into cents per kWh, is used for residential rates Small commercial and industrial customers likewise have fairly similar characteristics and a variation of the simple energy block rate which reflects demand Is used for these customers who typically have demands ranging from 0-10 kW Larger commercial and Industrial customer characteristics tend to vary considerably more than the first two groups mentioned For this reason, the general service rate for custo- mers over 10 kW is based upon separate measurements for demand (0), representing fixed costs, and energy use (kWh), representing variable costs This Is also generally true for other class rates which are designed for specific groups of customers who have distinguishing load characteristics -4- General Comments (10-ea) vi Definitions Abbreviations Commonly Used kW - Kilowatt kWh - Kilowatt-hour kVA . Kilovolt -ampere PF a Power Factor LF - Load Factor Hp - Horsepower A/C - Air Conditioning Terms Used In Rate Application and Bllling - Customer Charge Is Intended to recover those expenses Incurred by the Company In pro- viding electric service which do not have any relationship to the quantity of service used Meter reading billing mailing accounting meter and service drop Investment costs are examples of fixed expenses which are Incurred regardless of how much use a customer makes of electric service - Demand Is the average rate at which electricity Is supplied during a specified con- tinuous Interval of time TUEC measures demand, expressed In kilowatts, in a 15-minute Interval for billing The Company provides the facilities to serve a customer's maximum demand, even though this maximum use of service most often occurs Infrequently The demand charge portion of a rate recognizes the need to recover the fixed charges (such as, Interest taxes and depreciation) associated with the Investment in generation, transmission, and distribution fact l It i as that are Incurred regardless of the amount of energy used - Energy Is the total amount of electricity consumed during a period of time, measured in kilowatt-hours For Instance, a machine with a demand of 1 kilowatt operated con- tinuously for one hour will use 1 kilowatt-hour of electricity - Load Factor is the ratio of the average demand over a designated period of time to the maximum demand occurring in that period Periods commonly used are a day, a month and a year Load factor Is generally expressed as a percent Expressed as a formula, Load Factor (%) _ (kWh In period) x 100 (max kW in period) x (hours In period) - Power Factor Is the ratio of actual power (kW) to apparent power NVA) and is expressed by the formula Power Factor I%) - kW x 100 kVA TUEC does not have any rates which are based on a customer's power factor -5- General Comments (10-G4) Connected Load Is the combined nominal rated capacity of all motors and other electricity consuming devices Installed on the customerts premises - Power Is the rate at which work Is done The electrical unit of power Is the watt, or kilowatt for 1000 watts One horsepower Is equal to 746 watts Maximum Electrical Load Is the maximum kW demand that Is expected to register on a customer's demand meter Delivery Voltage Is the nominal voltage at which electric energy Is provided to customer Temporary Service is service used by customer for other than standby purposes or regular year-round service Normally, any electric service (excluding standby) provided for less than one year or any electric service not In regular year-round use Is considered tem- porary service Other names applied to temporary service are seasonal and short term Standby Service Is service made available to customer but only used when customer's equip- ment has failed or Is inoperative Resale Service Is service provided wholesale to customers for distribution at retail to other consumers Service Regulations are published terms and conditions under which Company provides electric service to customers -6- Summary of Available Rates (10-84) B SUMMARY OF AVAILABLE RATES I General The Company has one set of rates for all areas served by the Company The Company's rates for electric service may be divided Into three general groups 1 Rates applying to relatively large groups of customers whose operations are similar About 99% of our customers are on these rates Rate Application R Residential service (Individually metered dwelling units) G General service HV High Voltage service Four service riders may be used in conjunction with these rates to cover special services Applicable to Rates G or HV Rider I Interruptible service rider Rider S Standby Supplementary and Maintenance service rider Applicable to Rate G only Rider T Temporary service rider Rider WS Warning Siren rider 2 Rates designed to accommodate a small group (about 1%) of all customers Rate Application RLL Residential Limited Load service RTU Residential Time -of -Use GL Guard Light service MP Municipal water pumping service MS Miscellaneous municipal type service SL Municipal street Ilghtinq service WP Wholesale Power -7- Summary of Available Rates (10-84 ) 3 Rates applicable in conjunction with other rates or to special services Rate Application M Miscellaneous service charges SPA S P A Withdrawals SPP Small Power Production TW Firm Transmission Wheeling service In accordance with the Substantive Rules of the Public Utility Commission of Texas, each tariff sheet contains notations In the right-hand margin Indicating changes made on the sheets The notations used are C - to denote a change in regulations D - to denote discontinued rate or regulations E - to denote the correction of an error made during a revision (the revision which resulted in the error must be one con- nected to some material contained In the tariff prior to the revision) 1 - to denote a rate Increase M - to denote a move in text from one page to another, N - to denote a new rate or regulation R - to denote a rate reduction and T - to denote a change In text, but no change In rate or regula- tion In addition to symbols for changes, each page may contain a vertical line In the right- hand margin of the page which Indicates the number of lines being changed -8- Summary of Available Rates (10-84) II Residential Rates Residential Rate R Is applicable to all customers for all electric service supplied at one point of delivery and measured through one meter used for residential purposes In Indivi- dual private dwellings or in an Individually metered apartment for which no specific rate Is provided Rate R Is not applicable to hotels motels or recognized rooming or boarding houses, nor Is it applicable where a portion of a residential unit is used for nonresiden- tial purposes unless that portion used for residential purposes Is separately metered Separately metered services, such as air-conditioning water pumping, or nonresidential applications, such as X-ray machines, welders, or equipment requiring special capacity will be served on Rate G An Agreement for Electric Service Is not normally required for a Rate R customer except where unusual or nonstandard conditions exist However, even though no written agreement Is required the minimum contract term specified In the rate Is one year this means that customers cannot switch back and forth from one residential rate to another until one year has passed since the last change of rates Rate RLL Is offered on an experimental basis and Is limited to 6000 customers for service that otherwise would be provided on Rate R when the electrical load requirements can be satisfied by not more than 14 amperes at Company's nominal 120Y service This rate Is designed specifically for those small use customers who have little, If any, refrigerated air conditioning equipment In use and requires the Installation of a load limiting device on the customer's service Summary of Available Rates (10-84) Rate RTU is offered as an experimental rate and Is limited to 2000 customers for service which would otherwise be provided on Rate R This rate Is designed for those customers who are willing to reduce their usage during the on -peak period III General Service Rates Rate G is applicable to power service, lighting or power and lighting service through a single meter New installations of two meters or more will not be combined for billing Some examples of types of Rate G service are office buildings, multiple -family residential units on one meter, dwellings used as places of business and separately metered residen- tial services, such as water pumping and air conditioning Time -of -Day Option is available at customerts option, and uses demand established during on -peak hours as basis for billing demand This option Is not available In conjunction with subtract meter oil field customers Primary Service Credit on Rate G Is available to customers when service Is provided at the most available primary distribution voltage, and customer owns the distribution transfor- mers Therefore, three conditions must be satisfied to entitle a customer to the primary service credit First, the delivery voltage must be In the range of 2 4 kV to 25 kV Second, the delivery voltage must be the same primary voltage at which the Company's distribution lines In the area are operated, and third, the customer must own the distri- bution transformers -10- Summary of Available Rates (10-84) Examples A customer located in a typical 12 5 kV distribution area must take service at 7 2 kV single phase or 12 5 kV three phase in order to qualify for the primary service cre- dit In the same distribution area a customer taking service at 2 4 kV or 4 16 kV would not qualify 2 A customer taking service at an industrial substation (69-2 4 kV) would qualify for the primary service credit However If the voltage of the Industrial substation were 69 kV-480 volts the customer would not qualify since he would not be taking service at a primary distribution voltage 3 A customer taking 12 5 kV service in a 21 6 kV area normally would not be eligible for the primary service credit However if the area had been recently converted by Company to 21 6 kV and the customer was already receiving the credit because he ori- ginally took 12 5 kV service in a 12 5 kV area It may be appropriate to continue the credit to such a customer In areas where subtract meter customers are located the above principles to determine primary service eligibility apply in the same manner as if the Company owned the distrlbu- Lion system of the master meter customer up to the point of delivery of the subtract meter customer Customers receiving service off the downtown Dallas network are not eligible for the primary service credit, since customers are not permitted to hook directly Into primary distribution feeders Where Intermittent equipment is served, such as welding machines X-ray machines and hoists, the Company may require such Intermittent equipment to be supplied and metered separately and may bill such service separately from other service supplied (See Service Regulations, Subsection V, Section 5 02 03 "Intermittent Electrical Loads 11) The operating characteristics of this type of equipment are such that normally only a small fraction of Its demand is reflected over an Interval of 15 minutes in such cases the Company may, at Its option, determine billing demand for billing purposes by using total connected load in lieu of a measured demand Therefore, in such cases It Is Important that connected load be accurate Summary of Available Rates (10-ea) Rate HV Is a high voltage transmission delivery rate normally for loads of 5000 kW or more Service under Rate HV Is provided at the most available transmission voltage of 69,000 volts or more Sub -transmission delivery loads are normally served under general service Rate G Rate GL Is available to any customer for unmetered lighting service supplied exclusively to one or more lamps operating automatically from dusk to dawn as specified In the rate Guard Lights are Intended for use as area lighting and are not to be used for street or roadway lighting The basic charge per Iight Is made when all that is required for service Is to - Install a Iight on an existing pole having secondary Iines already available, or - Install a Ilght on an existing pole and extend existing secondary Iines on existing poles not more than one span per light, or - Install a 30 or 35-foot wood pole as appropriate and mount a light not more than one span from existing secondary lines, or - Extend an underground service from either overhead or underground secondary lines when excess overhead spans are not required and when customer has paid the additional cost of the underground service The basic charge per light does not cover - Excess spans of secondary line, or - Installations of line transformers, or - Installation of poles which contact primary lines, or - Any other construction not specified in the rate An additional monthly charge specified In the rate Is made for each span of secondary line by which the total number of spans Installed by Company to service customer exceeds the number of lights installed Lights Installed on existing poles as well as on newly Installed poles are counted In determining the number of spans Installed -12- Summary of Available Rates (10-84) For each transformer Installed specifically to serve guard lights customer makes a nonre- fundable payment of not less than $360 if a pole is Installed which contacts a primary distribution line customer is required to make a nonrefundable payment to cover the additional cost In excess of the standard Installation cost If Customer discontinues service during the Initial term of the agreement (not less than one year), customer Is obligated to pay the monthly charge specified in the agreement for the remaining months of the initial term Such charge, however is not made if an assign- ment of the existing agreement or a new agreement covering the existing lights Is obtained from a new customer acceptable to Company effective on the cut-out date of the original customer Company provides underground service to quard lights on Rate GL from existing overhead or underground secondary lines under the follow Ing conditions - The guard Iight is located on customer's premises and not in a Company easement con- taining underground lines - Customer pays Company the additional cost of underground service Iv Municipal Service Rates Rate MP is applicable to municipalities, water, and sewage utilities for electric service used for water and sewage pumping, Including usage incidental to such service Each loca- tion Is metered and billed separately Rate MP customers are also eligible for service under Rate G, however, the minimum contract term specified In these rates Is one year this means that customers cannot switch back and forth between Rates W and G until one year has passed since the date of the last change of rates -13- Summary of Available Rates ( 10-84 ) Rate MS Is applicable to municipalities, common or Independent school district facilities, and to ball parks, stadiums, or arenas where field of play lighting Is not less then 85% of the total connected load Rate MS Is also applicable to existing nonmetered Traffic Signal service Installed prior to the effective date of the rate Nonmetered Traffic Signal service Is not available to new Installations Rate MS customers are also eligible for service under Rate G however, the minimum contract term specified in these rates Is one year this means that customers cannot switch back and forth between Rates MS and G until one year has passed since the date of the last change of rates Rate SL Is applicable to governmental entities for Street Lighting service Due to the complexity of this rate, please refer to Rate SL Itself for a detailed description of available service v Other Rates and Riders Rate M consists of standard service charges that are applied for the appropriate condition described Other services not covered by the standard conditions described will be charged on the basis of an estimate for the Job or the Company's cost Rate SPA Is applicable to power and energy delivered to Electric Cooperatives by the Company for the account of Southwestern Power Administration Rate SPP Is applicable to purchases of energy generated by qualifying small power produc- tion and cogeneration facilities with a design capacity of 100 kW or less as defined by the appropriate regulatory authorities at one point of delivery and measured through one meter -14- Summary of Available Rates (10-84) Rate TIN Is applicable to electric utilities for Intrastate wheeling of firm electric power and energy through Company's transmission system that Is not covered by individual contract Rate WP Is applicable to electric service provided to public utilities, municipalities and to rural electric distribution cooperatives for resale to ultimate customers In the State of Texas Service at each point of delivery is metered and billed separately Rider I is applicable in conjunction with General Service Rate G or High Voltage Rate HV To qualify for Rider I a customer must have 5000 kW or more of separately metered and controlled interruptible load If the customer's total load Is Interruptible one meter my be utilized in lieu of the diagram shown on page 2 of Rider I and for billing pur- poses, the firm load meter Is assumed to be zero If a customer has both firm load and Interruptible load, the billing for the firm meter will be based on load and contract data for the firm service only Rider S Is applicable to electric service provided under Rates G or HV when customer has a source of power available, not held solely for emergency use, for which Company's service may be substituted, either directly or indirectly or used as a standby, supplementary or maintenance power supply Rider T Is applicable to electric service provided under Rate G for construction power service for any period of time or for other types of service when such service Is to be used for less than 12 consecutive months Rider WS is applicable to municipalities for nonmetered electric service In conjunction with Rate G for operation of three-phase warning sirens when monthly kWh use does not exceed 5 kWh -15- Rate Application (10-84) C RATE APPLICATION 1, Rate Selection More than one rate Is sometimes available to a customer Even though the customer Is solely responsible for selecting the rate most favorable to him, the Company normally assists In the rate selection and does Its utmost to see that the Initial rate selection Is proper and also reviews the selection periodically thereafter to ensure that the Intl- tal selection continues to be the most favorable The rate selection Is based upon the customer's estimate of electric service requirements Accordingly the Company bases the rate selection recommendation on this estimate for a month's use, and In some cases, on the estimate for an entire yearts use The following questions must be answered before a proper rate selection can be mode - What rates are available in the area - What rates are applicable to the customer's type of business or activity - What are the phase, metering, and voltage requirements of the applicable rates - Is the electric service to be permanent or only temporary - What are the effects of minimum bills and minimum billing demands If Rate Provisions There are no set rules for the type of clauses and provisions to be included In any given rate However, some of the most commonly Included clauses and provisions are as follows - Application clause This clause sets out the class of service for which a rate Is applicable, and may specify maximum and/or minimum electrical loads or other limita- tions of use - Type of service This clause sets out the phase, frequency, and voltage requirements of the rate -16- Rate Application (10-84) - Rate expression The rate expression sets out the charges for electric service In terms of kW and/or kWh The rate expression alone does not normally Include all Information necessary to calculate a bill Minimum Most rates Include provisions for a customer charge and/or a minimum bill to assure some revenue to cover fixed expenses (taxes Insurance meter reading blllinq, etc ) In cases where the customer uses little or no electric service during a month III Determination of Billing Demand BiIl Ing demand is the demand used in the rate expression to calculate demand charges for the month The bl l ling demand may or may not be the same as the actual demand of the month At present Rates G HV, MP and WP provide for demand billing The billing demand must be determined In accordance with the applicable rate Althouqh similar In form slight differences exist In demand determination Billing demand for all rates providing for demand billinq, however Is based on the following demands - On -Peak kW is the highest 15-minute kW recorded durinq the billinq months of June through September in the 12-month period ended with the current month For customers served under the Time -of -Day option the on -peak kW Is the highest 15-minute kW recorded during the Company's on -peak hours as specified in the applicable Rate - Current month maximum kW Is the highest 15-minute kW recorded during the current month - Contract kW Is the maximum kW specified In the Agreement for Electric Service - Annual maximum kW is the highest 15-minute kW recorded at the premises In the 12-month period ended with the current month Of these four demands, the current month maximum kW the contract kW and the annual maxi- mum kW are readily available from the billing history and the Agreement for Electric Service On -peak kW is also readily available from the billing history for exlstinq customers Special cases may exist however that require special estimates to be made this is particularly true for new customers and for existing customers with changlnq load characteristics On -peak kW for billing purposes Is determined for these customers as shown in the following table -17- Rate Application (10-84) Determination of On -Peak kW for Billing Purposes (Applicable to Rates G, HV MP and WP) Customer first takes service under changed condition during Peak Months Off -Peak Months NEW CUSTOMER 1 New Location Use normal billing Current month kW Is on -peak procedure to establish kW until actual on -peak kW on -peak kW is established 2 Existing Location a Significant change In load Use normal billing Current month kW Is on -peak characteristics (more than procedure to establish kW until actual on -peak kW 30% and 10 kW) on -peak kW Is established DISREGARD PRIOR HISTORY DISREGARD PRIOR HISTORY b No significant change in Continue normal billing Continue normal billing load characteristics using previously established using previously established on -peak kW on -peak kW EXISTING CUSTOMER 1 Changes to New Rate/Option/Rider a Rate G HV or MP and (1) Has demand history Continue normal billing Continue normal billing using previously established using previously established on -peak kW on -peak kW (2) Has no demand history Use normal billing Current month kW Is on -peak procedure to establish kW until actual on -peak kW on -peak kW Is established b Time -of -Day Option and (1) Has demand history Use normal billing Continue normal billing procedure to establish using previously established on -peak kW on -peek kW DISREGARD PRIOR HISTORY (2) Has no demand history Use normal billing Current month kW Is on -peak procedure to establish kW until actual on -peak kW on -peak kW Is established *Manuel estimate and/or previous history superseded by first actual on -peak kW _18_ DETERMINATION OF ON -PEAK KW FOR BILLING PURPOSES (Continued) EXISTING CUSTOMER c Interruptible Rider and (1) Has demand hl story (2) Has no demand history 2 Adds Base Load a Significant (more than 30% and 10 kW) under (1) Rate G HV MP or WP (2) Time -of -Day Option (3) Interruptible Rider Rate Application (10-84) Customer first takes service under changed condition during Peak Months Off -Peak Months Use normal billing procedure to establish on -peak kW DISREGARD PRIOR HISTORY Use normal billing procedure to establish on -peak kW Continue normal billing using previously established on -peak kW Continue normal billing using previously established on -peak kW Continue normal billing using previously established on -peak kW On -peak kW is 80% of previously established on -peak kW MANUAL ESTIMATE REQUIRED Current month kW is on -peak kW until actual on -peak kW Is established Current month kW Is on -peak kW until actual on -peak kW Is established DISREGARD PRIOR HISTORY ** On -peak kW Is the prior service on -peak kW plus the estimated added on -peak kW MANUAL ESTIMATE REQUIRED * On -peak kW Is the prior service on -peek kW plus the estimated added firm kW MANUAL ESTIMATE REQUIRED b Not significant Continue normal billing Continue normal billing using previously established using previously established on -peak kW on -peak kW *Manual estimate and/or previous history superseded by first actual on -peak kW **However billing kW may not be less than 80% of previously established (on -peek kW-15 kW) Rate Application (10-84) Iv Billina Procedure The sequence of a bill calculation Is - Calculate the base charge (consisting of the Customer, Demand, Energy Charge, and other charges as appropriate) to the nearest whole cent - Calculate the fuel cost to the nearest whole cent - Sum the base charge, credit and the fuel cost to determine the revenue amount - If the revenue Is subject to sales tax calculate the amount to the nearest whole cent (Sales Tax Is not a part of the rate the amount collected Is not revenue to the Company and is not Included as Income or expense The Company acts solely as a collection agency for the taxing authority ) - The revenue plus sales tax Is the amount of the bill rendered to the customer v Rules for Decimals Standard half -rounding is used in all cases Fractional values less than 0 5 are dropped and those equal to or greater than 0 5 are rounded up to the next whole number Some spe- cific examples are as follows - Billing demands Round to nearest whole kW For 25 62, use 26 kW For 10 47, use 10 kW For 11 50, use 12 kW - Load factor Round to nearest 1/100th percent For 62 3287%, use 62 33% For 6 8134%, use 6 81% For 53 5050% use 53 51% If load factor Is expressed as a ratio round to nearest 1/10,000th For 0 62346, use 0 6235 For 0 64444 use 0 6444 -20- Rate Application (10-84) vi Bill Proration Unless spec If Ica I I stated In the rate all charges are based on a bll l Ing month of approximately 30 days A billing month Is considered as the period between two con- secutive regularly scheduled meter reading dates and can range from 28 to 33 days All monthly bills, Including first and final bills which have not less than 28 days or more than 33 days In the billing month are billed as normal monthly bills according to the applicable rate and are not prorated Bills covering less than 28 days or more than 33 days are prorated to 30 days Prorations of this type are calculated as follows (a) Divide kWh used by actual number of days to calculate kWh/day (b) Multiple kWh/day calculated In (a) by 30 days round down to whole kWh and bill this usage under applicable rate (c) Divide amount calculated In (b) by 30 days (d) Multiple (c) by actual number of days This is prorated bill Bills also require proration for one month following the effective date of any rate change which includes changes In fuel or base rates Proration between old and new rates Is based on the following (a) Actual number of days In the billing cycle (b) Actual number of days on old rate (c) Actual number of days on new rate Examples when Proratlons are Necessary Bills Less than 28 Days Example Rate G 100 kW demand 20,000 kWh used in 10 days (a) kWh - 20,000 kWh - 10 days x 30 days - 60,000 kWh (b) Customer Charge $10 00 (c) Demand Charge (100 kW - 10 kW) x 54 05 a $364 50 (d) Energy Charge I kWh In first block - 2, 500 kWh 0 4 500 per kWh - $112 50 -21- 2 Rate Application (10-84) II kWh in second block • 3 500 kWh + 170 Whh x (100 kW-10 kM) 18,800 kWh 9 2 500 per kWh • $470 00 III kWh In third block • remaining kWh • 38,700 kWh f 0 67F per kWh • $259 29 Iv Total Energy Charge S841 79 (a) Total 30 Day Bill $1,216 29 (f) Prorated Bill - $1,216 29 x 10 days/30 days $405 43* *Add current fuel plus tax as applicable More Than 33 Days Rate G 350 kW demand 150,000 kWh used In 40 days (a) kWh - 150,000 kWh - 40 days x 30 days • 112,500 kWh (b) Customer Charge SID 00 (c) Demand Charge (350 kW - 10 kW) x S4 05 - SI 377 00 (d) Energy Charqe I kWh In first block - 2,500 kWh 0 4 504 per kWh • $112 50 II kWh In second block • 5,500 kWh + 170kW x (100 kW-10 kW) • 61,300 kWh • 2 500 per kWh • S1,532 50 III kWh in third block • remaining kWh • 48,700 kWh 8 0 67F per kWh • $326 29 Iv Total Energy Charge $1,971 29 (a) Total 30 Day Bill $3,358 29 (f) Prorated Bill • $3,358 29 x 30 400 Days Days • $4,477 72* *Add current fuel plus tax as applicable -Y4- Rate Application (10-84) 3 Rate Change - Base Rates Example Assumptions 1 Effective Date 12-19-83 2 Billing Period 12-02-83 to 1-04-84 3 Residential Rate R 4 Cycle kWh consumption - 925 kWh Use Rate R schedules (old and new) and calculate as follows (a) Full month old rate (TESCo 5200) 925 kWh x 3 94A + $7 00 = $43 45 (b) Full month new rate (TUEC) 600 kWh x 4 159 + 325 kWh x 1 439 + $6 00 - $35 55 (c) Actual days under old rate 17 (d) Actual days under new rate 16 (a) Total actual days served 33 (f) Total Bill = 17/33 x $43 45 + 16/33 x $35 55 - $39 62K *Add current fuel + tax as applicable 4 Rate Change - Base Rate Fuel Component A change In base rate fuel component should be prorated as shown In 3 above based on actual kWh In the billing period -23- vll Rate Equations Rate equations for the Company's major rate groups are as follows Rate R - Residential Service Summer(May-October) Upper Limit kWh Equation - Dollars Ail 0 0415E + 6 00 Rate Application (10-84) W l nter(November-April) Upper Limit KWh Equation - Dollars 600 0 0415E + 6 00 Excess 0 0143E + 22 32 Rate G - General Service Secondary 0 - 10 kW Over 10 kW Upper Limit kWh Equation - Dollars* Upper Limit kWh Equation - Dollars* 2500 0 0450E + 10 00 2500 0 0450E + 4 05d - 30 50 6000** 0 0250E + 60 00 4300 + 170d 0 0250E + 4 05d + 19 50 Excess 0 0067E + 169 80 Excess 0 0067E + 7 161d + 98 19 *Add E1 00 per kW for each current month kW in excess of the contract kW *"Customers without metered demands are billed In this block for all kWh In excess of 2500 kWh Rate G-PRI - General Service Primary 0 - 10 kW Over 10 kW Upper Limit kWh Equation - Dollars* Upper Limit kWh Equation - Dollars* 2500 0 0450E + 7 50 2500 0 0450E + 3 70d - 29 50 6000** 0 0250E + 57 50 4300 + 170d 0 0250E + 3 70d + 20 50 Excess 0 0057E + 173 30 Excess 0 0057E + 6 981d + 103 49 *Add $1 00 per kW for each current month kW in excess of the contract kW **Customers without metered demands are billed in this block for all kWh in excess of 2500 kWh -24- Rate Application (10-84) Rate HV - High Voltage Service 0 - 2500 kW Over 2500 kW Upper Limit kWh Equation - Dollars* Upper Limit kWh Equation - Dollars* All 0 0052E + 14,295 All 0 0052E + 5 19d + 1,320 *Add fi DO per kW for each current month kW In excess of the contract kW Rate MP - Municipal Pumping Service Secondary 0 - 10 kW Over 10 kW Upper Limit kWh Equation - Dollars Upper Limit kWh Equation - Dollars 2500 0 0315E + 10 00 2500 0 0315E + 1 26d - 2 60 6000** 0 0250E + 26 25 4300 + 170d 0 0250E + 126d + 13 65 Excess 0 0141E + 91 65 Excess 0 0141E + 3 113d + 60 52 **Customers without metered demands are billed In this block for all kWh in excess of 2500 kWh Rate MP-PRI - Municipal Pumping Service Primary 0 - 10 kW Over 10 kW Upper Limit kWh Equation - Dollars Upper Limit kWh Equation - Dollars 2500 0 0315E + 7 50 2500 0 0315E + 1 06d - 3 10 6000** 0 0250E + 23 75 4300 + 170d 0 0250E + 1 06d + 13 15 Excess 0 0141E + 89 15 Excess 0 0141E + 2 913d + 60 02 **Customers without metered demands are billed In this block for all kWh In excess of 2500 kWh -25- Rate Application (10-84 ) Rate MS - Miscellaneous Municipal Type Service May -October November -April Upper Limit kWh Equation - Dollars Upper Limit KWh Equation - Dollars All 0 0419E + 15 00 All 0 0250E + 15 00 Rate WP-PRI - Wholesale Service Primary Upper Limit kWh Equation - Dollars* All 0 0052E + 6 33d + 240 00 *Add $1 00 per kW for each current month kW In excess of contract kW Rate WP-TRAN - Wholesale Service Transmission Upper Limit kWh Equation - Dollars* All 0 0052E + 4 98d + 240 00 *Add fi 00 per kW for each current month kW In excess of contract kW -26- Metering Equipment (10-84) D METERING EQUIPMENT Metering equipment should be specified on Service Orders In accordance with this section unless specific requests are received for special metering Rate Estimated Demand Revenue Billing Watthour Meter Watthour Demand Meter R, RILL Any X RTU Any TOU G Under 10 kW X 10 - 999 kW X 1000 kW and Over EOM G/TOD Under 1000 kW TOUDM 1000 kW and Over TOUOM HV Any EOM HV/TOD Any TOUDM MP Under 10 kW % 10 - 999 kW X 1000 kW and Over EDM MP/TOD Any TOUDM MS Under 10 kW % 10 kW and Over % SL (Metered) Any % WP Under 1000 kW X 1000 kW and Over EOM Legend TOU - Time -of -Use kWh register EDM - High resolution demand register (electronic) TOUDM - Time -of -Use kW register (electronic) Magnetic Tape or Electronic 21 ru -Y7- Agreements (10-84) E AGREEMENTS FOR ELECTRIC SERVICE I Conditions when Agreements are Required Agreements for Electric Service (Contracts) are required as specified In the rate Generally, agreements are required for customers having maximum loads of 500 kW or more, customers selecting the time -of -day option, or when special contract arrangements are Involved Company normally obtains an Agreement for Electric Service from customers In the following categories before Company provides electric service 1 All customers on rates HV, GL SL, SPP and WP 2 All customers on rates G, MP, and MS with maximum electrical loads of 500 kW or more 3 All customers on Rates G, MP and MS (less than 500 kW maximum electrical load), or residential Rate R where a Excessive Investment In Company facilities Is required b An excess facilities charge is required c Unusual or non-standard company facilities are Installed d Customer chooses time -of -day demand option e Load reports or electrical pulses (Rate M) are required f A special minimum Is required g A rider, supplement, or addendum is attached h Subtract -meter service Is Involved (available only In oil fields) I The division manager determines that an Agreement Is necessary and desirable J Customer requests an Agreement for Electric Service -28- Agreements (10-84) The Company has only one general -use standard Agreement for Electric Service a copy of which is contained in Subsection IX of the Company's Service Regulations The Agreement for Electric Service Is used for all customers Including cities and tarns and other muni- cipalities for standard electrical service For Rates such as SL or where special con- ditions exist, a special agreement or an addendum to the standard contract may be required Nonstandard Agreements for Electric Service are normally made with other electric utilities, resale customers street lighting and In other special situations The term of an Agreement for Electric Service is normally the contract period as specified in the rate Most rates specify a contract period of not less than one year However some rates specify a contract period of more than one year Special situations or unusual conditions may also require that the term of an Agreement exceed the contract period spe- cified In the rate II Standard Voltages for Electric Service The standard voltages used In preparing new Agreements for Electric Service are contained In Subsection 11 page I of the Service Regulations Ensure that a given voltage is available at customer's location and that the voltage Is appropriate for the rate before offering such voltage to customer Only one voltage should be provided In conjunction with an Agreement for Electric Service If an Installation requires the Company to pro- vide two or more voltages at one location, a separate agreement is required for each voltage -29- Agreements (10-84) III Contract Minimums The contract minimum Is as stated In the rate and is usually equal to 50% of the maximum contract kW In some cases, however, it is necessary to contract with customer for a higher minimum because of the total amount of Investment and/or expense Involved or due to the cost of providing service as related to the expected revenue from the customer In these cases, the minimum demand should be Increased accordingly Examples of Installa- tions which may require special minimums are electric service to equipment such as spot and arc welding machines, X-ray machines, or any other service where use of electricity is Intermittent and subject to violent fluctuations Iv Contract Administration For large, special, or nonstandard Agreements for Electric Service proper TUEC rate and regulatory personnel will review such Agreements for rate application and other regulatory requirements prior to execution by the approvinq Company official Company personnel Involved In negotiation over such Agreements are encouraged to coordinate closely with TUEC rate and regulatory personnel in advance of final agreement preparation In order to ensure orderly and timely approval Large customers are defined as customers having maximum annual loads of I000 kW or more Special rates/riders Include Rider I (Interruptible Service), Rider S (Standby, Supplementary and Maintenance Service), Rate WP (Wholesale Power), Rate SPP (Small Power Production), and Rate TW (Firm Transmission Wheeling Service), and Agreements which spe- cify the TOD option -30- Agreements (10-84) Nonstandard contractual arrangements include those Agreements with alterations or changes to the standard printed text of the Agreement and those Agreements having additional paragraphs or addenda not specifically covered in instructions for Agreement preparation The following procedure sets out the basic responsibilities and actions Involved In handling agreements for electric service for large customers, special rates/riders, and other nonstandard contractual arrangements Responsibility Action Customer Contact Person I Recognizes that customer negotiation Is with a large customer or Involves a rate/rider/ nonstandard contrac- tual arrangement requiring special handling (See Definitions above) 2 Consults with his supervisor and/or contract administra- tor to determine any special handling and/or conditions concerning the negotiation Contract Administrator 3 Reviews the negotiation with the TUEC rates manager or his representative to ensure fair and consistent rate treatment of the prospective or existing customer and to work out any special terms and conditions 4 Prepares or directs the preparation of the Agreement for Electric Service Customer Contact Person 5 Presents Agreement to customer for slgnlnq Customer 6 Approves Agreement for electric service which sets out all special terms and conditions -31- Agreements (12-84) Responsibility Action Customer Contact Person 7 Secures necessary supervisory approval and forwards Agreement to contract administrator Contract Administrator 8 Sends Agreement with appropriate agreement transmittal to TUEC rates manager (Dallas) together with extension policy calculation TUEC Rates Manager 9 Reviews agreement for all applicable rate, regulatory, and legal aspects, and reviews extension policy calcula- tion for accuracy and systemwide consistency 10 Reviews with TUEC vice president 11 Retains one copy for TUEC contract file 12 Returns reviewed Agreement to contract administrator in the division office Contract Administrator 13 Secures final approval and signature from appropriate division officer or official 14 Notlf ies customer contact person of approval Customer Contact Person 15 Takes necessary steps to provide electric service 16 Returns one completely executed Agreement to customer -32- Extension Policy (10-84) F EXTENSION POLICY The Company makes extension of electric service to customer's electrical Installation so as to minimize the cost of such extension Extension is normally made at no cost to customer except In those instances where the requested extension of Company's facilities Is not economically Justified In those Instances, Company determines the special contract arrangements required with customer before electric service Is provided The special arrangements may Include a non- refundable contribution in aid of construction, an advance for construction, a special minimum billing demand, or special monthly or annual minimum charges Please refer to the Customer Service Handbook for specif is applicatlon of the extension policy -33- E \UPD0CS\0RD\TUELEC 0 ORDINANCE NO '/ .;J AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Denton (hereinafter called "City") and is using the public streets, alleys, grounds and rights -of -ways within the City for that purpose under the terms of an Agreement, approved by ordinance heretofore duly passed on October 20, 1987, and WHEREAS, Company has, pursuant to said Agreement ordinance, been paying to the City a sum equal to three percent (3%) of its gross revenues from the retail sale of electric power and energy within the City for the rights and privileges set forth in said Agreement ordinance and, in addition thereto, has offered reim- bursement to the City for its ratemaking expenses pursuant to Section 24 of the Public Utility Regulatory Act, and WHEREAS, the City and Company desire to amend said Agreement ordinance to provide for a different consideration to consist of a sum equal to four percent (0) of its gross revenues from the retail sale of electric power and energy within the City, which different consideration includes, among other things, Company's obligation to reimburse the City for its ratemaking and other regu- latory expenses to be incurred by the City involving the regulation of Company, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the Mayor is hereby authorized to execute Amendment Number One, which is attached hereto and marked Exhibit "A" to the Agreement between the City and Company SECTION II. That this ordinance shall take effect immediately upon its passage and approval SECTION III. That it is hereby officially found and deter- mined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required by law SECTION IV. That the City Secretary is hereby directed to affix a copy of this ordinance to Ordinance Number 87-186 and inscribe thereon the notation that the Agreement has been amended with the adoption of this ordinance S9CTION V. That this ordinance shall take effect immediately upon its passage and approval PASSED AND APPROVED this the cy�-/ day of � 1993 DEBRA A DRAYOVITCH, CITY ATTORNEY PAGE 2 E \WFDOC$\K\TU K AMENDMENT NUMBER ONE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Denton (hereinafter called "City") and is using the public streets, alleys, grounds and rights -of -way within the City for that purpose under the terms of an Agreement, approved by ordinance heretofore duly passed on October 20, 1987, by the governing body of the City and duly accepted by Company, a copy of which is attached hereto as Exhibit "A", and WHEREAS, Company has, pursuant to said Agreement, been paying to the City a sum equal to three percent (3%) of its gross revenues from the retail sale of electric power and energy within the City for the rights and privileges set forth in said Agreement and, in addition thereto, has offered reimbursement to the City for its ratemaking expenses pursuant to Section 24 of the Public Utility Regulatory Act, and WHEREAS, the City and Company desire to amend said Agreement ordinance to provide for a different consideration to consist of a sum equal to four percent (42) of its gross revenues from the retail sale of electric power and energy within the City, which different consideration includes, among other things, Company's obligation to reimburse the City for its ratemaking and other regu- latory expenses to be incurred by the City involving the regulation of Company, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS SECTION I. That Section 1 of the Agreement between the City and Company, dated October 20, 1987, is hereby amended to provide that the consideration payable by Company for the rights and privileges granted to Company shall be four percent (0) of its gross revenues from the sale of electric power and energy within the corporate limits of the City, said changed percentage to be applied to said gross revenues beginning on June 1, 1993, and being payable as specified in said Agreement SECTION II. That Section 2 of the Agreement between the City and Company is hereby amended to read as follows City agrees to accept such payment as full compensation to be paid by Company for the privilege of using and oc- cupying the streets, alleys, highways, easements, parks, and other public places within the present and future territorial limits of City, while this agreement is in effect, in lieu of and shall be accepted as payment for all of Company's obligations to pay occupation taxes, assessments, municipal charges, fees, rentals pole ren- tals, wire taxes, license and inspection fees or charges, administrative and processing fees, utility easement taxes, franchise taxes, street taxes, street or alley rentals, certain regulatory expenses under Section 24 of the Public Utility Regulatory Act or any successor law, and all other charges, levies, fees, rentals and taxes of every kind, except the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property, assessments for public improvements, and sales taxes as allowed by State or local law SECTION III, That Company shall make a one-time payment hereunder for the purpose of making the changed consideration as specified in Section I hereof effective on June 1, 1993, without altering the payment dates specified in said Agreement, said one time payment being due and payable thirty (30) days after the date of execution of this agreement, and being a sum calculated as follows (a) Company shall determine the monthly average of its gross revenues from the retail sale of electric power and energy within the City during the period upon which the most recent Agreement payment made to the City prior to June 1, 1993, was based, (b) the said monthly average of its said gross revenues shall be multiplied by 1% (0 01), and (c) the product so calculated shall be multiplied by the num- ber of whole months from June 1, 1993, through the last day of the last month of the period for which the most recent Agreement pay- ment made to the City prior to June 1, 1993, was made SECTION IV, The parties agree that Company will continue to reimburse the City's ratemaking expenses, if any, in connection with the appeal and any remand of Public Utility Commission of Texas Docket No 9300 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act, and will continue to reimburse the City's ratemaking expenses, if any, in connection with Public Utility Commission of Texas Docket No 11735 that are otherwise reimbursable under Section 24 of the Public Utility Reg- ulatory Act to the extent that said ratemaking expenses are incur- red through the entry of the last action by the Public Utility Commission of Texas (i e , the said Commission's order overruling the last motion for rehearing) in said Docket No 11735 The City hereby agrees that any ratemaking expenses incurred in connection with said Docket No 11735 that the City incurs on appeal of said order will be the City's sole responsibility and further agrees -- in the event that the City is a participant in the joint inter- vention of cities managed by the Steering Committee of TU Electric Company Service Area Cities intervening in Docket No 11735, that PAGE 2 the City decides to continue to participate with the Steering Com- mittee in such appeal of said order, and Company is required to reimburse said Steering Committee for ratemaking expenses under Section 24 of the Public Utility Regulatory Act that are incurred on appeal of said order in Docket No 11735 -- to reimburse Company the City's share of reimbursable expenses related to said appeal and owed by Company to said steering Committee determined by the methodology chosen by the said Steering Committee (the City to notify Company of the method so chosen by the Steering Committee prior to the submission of an invoice by the steering Committee for the payment by Company of said reimbursable expenses related to said appeal) SECTION V. That in all respects, except as specifically and expressly amended by this document, the said Agreement heretofore duly passed by the governing body of this City and duly accepted by Company shall remain in full force and effect according to its terms until said Agreement terminates as provided therein SECTION VI. That this Agreement shall not take effect until and unless Company, within fifteen (15) days from July 27, 1993, files its written acceptance of this Agreement with the Office of the City Secretary in substantially the following form To the Honorable Mayor and City Council Texas Utilities Electric Company (TU Electric), acting by and through the undersigned authorized officer, hereby accepts, on this the 3rd day of August , 1993, Ordinance No 93-133 amending the current Agreement between the City and TU Electric SECTION VII. This amendment shall take effect upon Company's acceptance as prescribed /bby�'�S/ection EXECUTED this then? day of e4��� 1993 ATTEST. JENNIFER WALTERS, CITY PAGE 3 APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY TEXAS UTILITIES ELECTRIC COMPANY BY AA2 Senior Vice PAGE 4 300 2039L EXHIBIT "A" THE STATE OF TEXAS S COUNTY OF DENTON S This agreement, made and of Denton, Texas, hereinafter Electric Company, hereinafter AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS UTILITIES ELECTRIC COMPANY entered into by and between the City called "City", and Texas Utilities called "Company" WITNESSETH WHEREAS, Company is operating an electric distribution system, including poles, wires, transformers, meters, and other appurtenances within the City of Denton, Texas, and no compensation has been paid, is presently being paid, or is provided to be paid, to City for the use and occupancy of the streets, alleys, highways, easements, parks, and other public places within said City, or other charges in connection with such use, and WHEREAS, it is the desire of the City and Company to agree upon the rental or compensation for such use and occupancy and the parties hereto have agreed upon an amount to be paid annually by Company for such purpose, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and the mutual benefits to be derived therefrom, the parties hereto agree as follows 1 That Company, its successors or assigns, shall pay annually three percent (31) of its gross revenues from the sale of elec- tric power and energy at retail in the City as full payment for the right and privilege of using and occupying the present and future streets, alleys, highways, easements, parks, and other public places within the City The first payment shall be due on acceptance and subsequent payments shall be made on or before October 1 of each year thereafter Each payment shall be based on the gross receipts from the retail sale of electricity within the corporate limits of City during the twelve (12) month period ending July 31 next preceding the payment and shall be payment for the aforesaid right and privilege during the twelve (12) month period beginning with October 1 of the year in which the payment is made The first payment on acceptance is based on the revenue collected during the preceding twelve month period beginning August 1, 1986 and ending July 31, 1987 This payment covers the street rental agreement period of October 1, 1987, through September 30, 1988, with subsequent payments to be rendered as previously stated Company shall provide a complete report in support of its calculat —ns with each such payment and, upon request, shall provide and aiiow inspection of all necessary books and records of Company 301 2 City agrees to accept such payment as full compensation to be paid by Company for the privilege of using and occupying the streets, alleys, highways, easements, parks, and other public places within the present and future territorial limits of City, while this agreement is in effect, in lieu of and shall be accepted as payment for all of Company's obligations to pay occupation taxes, assessments, municipal charges, fees, rentals, pole rentals, wire taxes, license and inspection fees or charges, administrative and processing fees, utility easement taxes, franchise taxes, street taxes, street or alley rentals and all other charges, levies, fees, rentals and taxes of every kind, except the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property, assessments for public improvements, and sales taxes as allowed by State or local law 3 That the Company shall indemnify and save whole and harm- less the City and all of its officers, agents, and employees from any and all claims for injury or damage to persons or property occasioned by, or arising out of the construction, maintenance, operation, or repair of the generation, transmission, or distri- bution system, or by the conduct of business in the City provided, however, nothing herein shall be construed to indemnify the City against the City's own negligence or fault It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto 4 That all poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will interfere as little as practicable with the ordinary travel on alleys, streets or sidewalks or with the flow of water to any gutter or drain The location and route of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed by the Company in the construction and maintenance of its electric utility distribution system in the City, shall comply with all pertinent requirements of the National Electrical Safety Code and all rules and guidelines that have been properly promulgated by the City which are not inconsistent with this agreement and as may be authorized by State or Federal law S That in any future construction, in new developments, lateral and service distribution lines and wires shall be placed or constructed underground in all areas designated in advance of construction by the City for all electric utilities in the plat approval process or by zoning ordinances, provided that the excess of the cost of underground facilities over the cost of overhead facilities shall be paid to Company by the developer, builder, users of such underground facilities or the City In such designated areas, distribution feeder lines may be overhead and transformers and similar egL.pment may be pad -mounted The PAGE 2 30 City Council or the City Manager, acting on their behalf, may, upon petition by the Company, waive the requirement of underground installation if good cause is shown for such exemption As used in this section "Feeder lines" shall mean those electric lines that emanate from substations to distribute power throughout an area "Lateral lines" shall mean those electric lines that emanate from a feeder line and are used to distribute power to smaller areas of electric consumers These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse or disconnect switch "Service lines" shall mean those electric lines which, through a transformer, connect a lateral line to a customer's service entrance 6 Company shall, on or before the 15th day of each month, report to the City Engineer each opening or disturbance of the paved surface of any street, alley, highway, public right-of-way or public places by Company during the preceding month The surface of any street, alley, highway or public place within the City disturbed by the Company in building, constructing, renewing or maintaining its electric utility distribution system shall be restored within a reasonable time after the completion of the work to the condition existing prior to such work and such repair shall be maintained because of defective workmanship by Company for one (1) year from the date the surface of said street, alley, highway or public place is broken for such construction or maintenance after which time such maintenance shall become the responsibility of the City Company shall be responsible for promptly restoring, to as good condition as before the commence- ment of the Company's work, all streets, alleys, sidewalks and other paved areas covered by this agreement No such street, alley, highway, or public place shall be encumbered for a longer period than shall be necessary to execute work It is understood that it is not the intention of the parties hereto to create any liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto 7 Nothing herein shall enlarge, diminish, amend, affect or otherwise prejudice any certificate of convenience and necessity granted to either City or Company 8 Company's property and operations within the corporate limits of City shall be subject to such reasonable rules and regulations of City as may be a,�horized by applicable law for the protection of the general public Company shall comply with PAGE 3 303 all subdivision rules and regulations of City generally in effect to the extent that same are valid and authorized by applicable state or federal law Charges for installation or maintenance of street lighting, including extension costs charged to developers, shall be in accordance with Company's tariffs 9. This agreement supersedes and cancels all prior agreements between City and Company relating to matters herein set forth 10. This agreement shall terminate September 30, 1997 IN TESTIMONY WHEREOF, witness t egnatures o arties hereto, in duplicate original, this day of , 1987. CITY OF DENTON, TEXAS W0,1d =I 1Ar, � ATTEST 1 ALTERS, eEr APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY TEXAS POWER $ LIGHT COMPANY, a division of Texas Utilities Electric Company BY EXECUTIVE VICE ESIDENT PAGE 4 TUELECTRIC August 3, 1993 Terry R Griffin S Vine Pr..ldenl TO THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON TEXAS The undersigned hereby accepts the terms of that certain franchise passed and adopted by the City Council of the City of Denton, Texas, by ordinance duly approved by the Mayor and attested by the City Secretary on July 27, 1993, same being, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY, AND PROVIDING AN EFFECTIVE DATE " IN TESTIMONY WHEREOF, witness the corporate signature of Texas Utilities Electric Company by its duly authorized officer, this the 3rd day of August 1993 TEXAS UTILITIES ELECTRIC COMPANY Terry R fin Sr Vice Pres dent Original acceptance of franchise, of which the foregoing is a true copy, was filed in my office on the JV day of jQed , 1993, at`LO(/ o clock -)�L in (CITY SEAL) City Se etary City of Denton, Texas 1506 Commerce Street Dallas Texas 75201 (214) 698 3650 CAD .WT.M].M.Cale[ ORDINANCE NO q I - A % AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL ONE YEAR PERIOD, FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE WHEREAS, Texas Utilities Electric Company (hereinafter called "Company') is engaged in the business of providing electric utility service within the City of Denton (hereinafter called 'City") and is using the public streets, alleys, grounds, and rights -of -ways within the City for that purpose under the terms of an Agreement, approved by Ordinance Number � 87-186 duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No 93-133 duly passed on July 27 1993, and WHEREAS, the City and Company desire to amend said Agreement as amended by said Amendment Number One to extend the term of said Agreement for an additional one year period, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute Amendment Number Two to the Agreement between the City of Denton and Texas Utilities Electric Company for the use of City streets, which is attached hereto as an Exhibit "A" and incorporated by reference herein SECTION II That it is officially found and determined that the meetings at which this ordinance is passed are open to the public as required by law and a public notice of the time, place, and purpose of said meetings was given as required by law SECTION III That the City Secretary is hereby directed to affix a copy of this ordinance to Ordinance Number 87-186 and inscribe thereon the notation that the Agreement has been amended a second time with the adoption of this ordinance SECTION IV That this ordinance shall take effect immediately from and after its passage,, publication, and acceptance by Company in accordance with the provisions of the Charter of the City of Denton, and is accordingly so ordained SECTION V That Company shall within twenty-one (21) days after the passage of this ordinance, file in the office of the City Secretary of the City of Denton, Texas a written instrument signed and acknowledged by a duly authorized officer, in substantially the following form (a) To the Honorable Mayor and City Council of the City of Denton The Grantee, Texas Utilities Electric Company acting by and through the undersigned authorized officer hereby accepts Ordinance No extending the term of the existing Agreement with the City of Denton TEXAS UTILITIES ELECTRIC COMPANY Im ATTEST Secretary Executed this the day of Senior Vice President 1997 (b) The acceptance shall be duly acknowledged by the person executing the same In the event the acceptance is not filed within the twenty-one (21) day period, this ordinance and the rights and privileges hereby granted shall terminate and become null and void (c) The City Secretary shall cause a notice of the passage of this ordinance fairly stating the substance hereof to be published once each week for two (2) consecutive weeks in the official newspaper of the City of Denton, Texas The Company shall pay the costs of publication of such notices PASSED AND APPROVED this the day of cSeP/l�P�' 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY The City of Denton, Texas, acting herein by its duly constituted autho2es, hereby declares the foregoing Ordinance passed on first reading on the day of be r 1997, and finally effective as of the — day of ad'e'� A'4 c4e Eulme Brock, Council Member 14, a '1" Mike Cochran, Council Member Sandy Krirrson, OctuDaY1 Member Carl G Young, Sr Coyncter The above and foregoing ordinance, adopted on first reading and passed to second reading by the &bllowmg votes, this the � day of �/If� how 1997 at a regular session of the City Council Jack Miller, Mayor, voting Eulme Brock, Council Member, voting a#e Rom Beasley, Council Member, voting Mike Cochran, Council Member, voting aae zl Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, votinge Carl G Young, Sr, Council Member, voting vim,!' Q. PAGE 3 The above and foreAing ordinance read adopted on second reading and passed by the following votes, this the _ day of S 6er, 1997 at a regular session of the City Council Jack Miller, Mayor, voting Q�1� Euline Brock, Council Member, voting Rota Beasley, Council Member, voting Mike Cochran Council Member, voting Neil Durrance, Council Member, voting — zr_ Sandy Knstoferson, Council Member, voting -fie Carl G Young, Sr ,Council Member, voting -� STATE OF TEXAS COUNTY OF DENTON I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company pertaining to street rental, as indicated herein The same is now recorded as Ordinance Number in the Ordinance Records of the City of Denton Texas WITNESS MY HAND this the _ r day of 1997 (SEAL) ?:(nty Secretary PAGE 4 AMENDMENT NUMBER TWO TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Denton (hereinafter called "City") and is using the public streets, alleys, grounds, and rights -of way within the City for that purpose under the terms of an Agreement, approved by the City Council of the City of Denton, Texas in Ordinance No 87-186, duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No 93-133, duly passed on July 27, 1993, and WHEREAS, the Agreement, as previously amended, terminates on September 30, 1997, and WHEREAS, the City and Company desire to amend said Agreement, as amended by said Amendment Number One, to extend the term of said Agreement for an additional one-year period, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS SECTION 1. That Section 10 of the Agreement is hereby amended to read as follows 10 This Agreement shall terminate on September 30, 1998 SECTION 2. That in all respects, except as specifically and expressly amended by this document, the said Agreement heretofore duly passed by the City Council of the City of Denton, Texas and duly accepted by Company, and as amended by Amendment Number One to said Agreement heretofore duly passed by the City Council of the City of Denton, Texas and duly accepter) by Company shall remain in full force and effect EXHIBIT "A" EXECUTED in duplicate original counterparts this the A day of &w-eem 6e�, 1997 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY BY n APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ATTEST E \DOCS\R\TU STREET RENTAL AMENDMENT 2 .�MAYOR r TEXAS UTILITIES ELECTRIC COMPANY BY SENIOR VICE PRTPENT Page 2 ORDINANCENO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD, FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS AN EFFECTIVE DATE, AND PROVIDING FOR REQUIRED BY LAW, PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS AND PUBLICATION OF NOTICE UTILITIES E OF THE PASS GE OF TH SORDIN ORDINANCE COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Denton (hereinafter called "City") and is using the public streets, alleys, grounds, and rights -of -ways within the City for that purpose under the terms of an Agreement, approved by Ordinance Number 87 186 duly passed on October 20, 1987, and thereafter amended by Amendment enton Number One tothe by Agreement Between93-133 duly passed on July 27, 1993,d Texas tiand thereafter ities Electric Company, approved City of further amended by Amendment Number T o To e Ordinance tNot 97 277eduly pass d ton and Texas Utilities Electric Company, approved by September 9, 1997, and WHEREAS, the City and Company desire to amend said Agreement as amended by said Amendments Number One and Two to extend the term of said Agreement for an additional six month period, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute Amendment Number Three to the Agreement between the City of Denton and Texas Utilities Electric Company for the use of City streets, which is attached hereto as an Exhibit "A" and incorporated by reference herein SECTr_____IO_N II That it is officially found and determined that the meetings at which this ordinance is passed are open to the public as required by law and a public notice of the time, place, and purpose of said meetings was given as required by law SECTION III That the City Secretary is hereby directed to affix a copy of this ordinance to Ordinance Number 87-186 and inscribe thereon the notation that the Agreement has been amended a third time with the adoption of this ordinance SECTION IV That this ordinance shall take effect immediately from and after its passage, publication, and acceptance by Company in accordance with the provisions of the Charter of the City of Denton, and is accordingly so ordained PAGE SECT_ V That Company shall, within twenty-one (21) days after the passage of this ordinance, file in the office of the City Secretary of the City of Denton, Texas a written instrument thon,d officer, m substantially the following form signed and acknowledgedby a duly au D ton (a) To the Honorable Mayor and City Council of the City of en The Grantee, Texas Utilities Electric Company, acting by and through the undersigned authonzed officer, eby the City of Denton cepts on No extending with the term of the existing Agreement TEXAS UTILITIES ELECTRIC COMPANY By Senior Vice President ATTEST Secretary Executed this the day of 1998 The acceptance shall be duly acknowledged by the person executing the (b) one 21 dayperiod, same In the event the acceptance is not es h eby thetwenty-one shall terminate and this ordinance and the rights and privileges become null and void I cause a notice of the passage of this Secretary shal consecutive (c) tl�ie substance hereof to be published once each week for two �� Hance fairly stating of Denton, Texas The Company shall weeks in the official newspaper of the City pay the costs of publication of such notices 1998 PASSED AND APPROVED this the _ day of C )0-NLe/�wQi� JAC ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY PAGE APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY TaQ The City of Denton, Texas, declares the f regoing Ord 99 ce 1998 acting herein by its duly constituted autho ties, here by passed on first reading on the day of of and finally effective as of the day RoBeasley, Counci ember MCochran Council Member S� andy I 7istoferson Counci ember The above and foregoing ordinance r adaaadopted on rst reading d passed to sec n a regular reading by the following votes, this the Y o session of the City Council Jack Miller, Mayor, voting Rom Beasley, Council Member, voting Mark Burroughs, Council Member, voting — Mike Cochran, Council Member, voting i i c Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, voting 0- B Carl G Young, Sr, Council Member, voting 0 PAGE owing The above and fore o ng ordinance read, adop�ted on second reading at a passed regular the ession of the votes, this the day of City Council Jack Miller, Mayor, voting Ron, Beasley, Council Member, voting (alI Mark Burroughs, Council Member, voting Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting —G Sandy Kristoferson, Council Member, voting �l Carl G Young, Sr, Council Member, voting STATE OF TEXAS COUNTY OF DENTON § I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Amendment Number Three street the Agreement Between the City of Denton and Texas Utilities Electric Company pertaining to in the rental, as indicated herein The same is now recorded as Ordinance Number Ordinance Records of the City of Denton, Texas , ) WITNESS MY HAND this the / 5t day of �� � �11 1� 1998 (SEAL) Je ,fer lters, City Secretary PAGE �e7UELECTRICe Lone Star Gar Texas Utilities Companies Brenda Jackson Sr Vice President September 16, 1998 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS The undersigned hereby accepts the terms of that certain franc}nse passed and adopted by the City Council of the City of Denton, Texas, by Ordinance 98-259 duly approved by the Mayor and attested by the City Secretary on September 1, 1998, same being, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFORE FOR AN ADDITIONAL SIX MONTH FINDING DETERMINING OEN TO T HICH THIS PUBLIC ASS REQUIRED BY LAW, TWO MEETINGS AT PROVIDING ORDINANCEI FOR ACCEPTANCEOF THE AGEENT FOR AN EFFECTIVE DATE, AND PROVIDINGpILI TION O NF OT CRE OF THE BY TEXAS UTILITIES ELECTRIC COMPANY AND E PASSAGE OF THIS ORDINANCE " itness the INbTESTIMONY EREOCer, this the 16 s day rnof September signatureorate 199of 8 Texas Utilities Electric p Company Y Y TEXAS UTILITIES ELECTRIC COMPANY OA-1(/— t -1) � Brenda Jackson Sr vice President cej�of� ,nycchise, of which the foregoing is a true copy, was filed in my office on the 0day o day - 1998, at o clock R— in (CITY SEAL) p Secr ity of Denton, Texas 100 West Mulberry Denton Texas 76201 AMENDMENT NUMBER THREE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Denton (hereinafter called "City") and is using the public streets, alleys, grounds, and rights -of --way within the City for that purpose under the terms of an Agreement, approved by the City Council of the City of Denton, Texas in Ordinance No 87-186, duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No 93-133, duly passed on July 27, 1993, and thereafter amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton Texas in Ordinance No 97-227, duly passed on September 9, 1997, and WHEREAS, the Agreement, as previously amended, terminates on September 30, 1998, and WHEREAS, the City and Company desire to amend said Agreement, as amended by said Amendments Number One and Two, to extend the term of said Agreement for an additional six month period, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS SECTION 1 That Section 10 of the Agreement is hereby amended to read as follows 10 This Agreement shall terminate on March 31, 1999 SECTION 2 That in all respects, except as specifically and expressly amended by this document, the said Agreement heretofore duly passed by the City Council of the City of Denton, Texas and duly accepted by Company, and as amended by Amendments Number One and Two to said Agreement heretofore duly passed by the City Council of the City of Denton, Texas and duly accepted by Company shall remain an full force and effect St EXECUTED in duplicate original counterparts this the ` day of 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY CITY OF DENTON, TEXAS LLLER MAYOR TEXAS UTILITIES ELECTRIC COMPANY BY SENIOR VICE I`RtSIMNT ATTEST \shared dept\L L\Our currents onhacts,WMTustreet Rental Third Amend doc Page 2 ORDINANCE NO 4 a AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD, FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within portions of the City of Denton (hereinafter called "City") and is using the public streets, alleys, grounds, and rights -of -ways within the City for that purpose under the terms of an Agreement, approved by Ordinance Number 87-186 duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No 93-133 duly passed on July 27, 1993, and thereafter further amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No 97-277 duly passed on September 9 1997, and thereafter amended by Amendment Number Three b theAgreement Ordinance No Between , duly City of Denton and Texas Utilities Electric Company, approvedY passed on September 1, 1998, and WHEREAS, the City and Company desire to amend said Agreement as previously amended by said Amendments Number One, Two, and Three, to continue the term of said Agreement by extending same for an additional six (6) month period, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute "Amendment Number Four to the Agreement between the City of Denton and Texas Utilities Electric Company" for the use of City streets, which is attached hereto as Exhibit "A" and incorporated by reference herewith SECTION II That it is officially found and determined that the meetings at which this ordinance is passed are open to the public as required by law and a public notice of the time, place, and purpose of said meetings was given as required by law SECTION III That the City Secretary is hereby directed to affix a copy of this ordinance to Ordinance Number 87-186 and inscribe thereon the notation that the Agreement has been amended a fourth time with the adoption of this ordinance SECTION IV That this ordinance shall take effect immediately from and after its passage, publication, and acceptance by Company in accordance with the provisions of the Charter of the City of Denton, and is accordingly so ordained SECTION V That Company shall, within twenty-one (21) days after the passage of this ordinance, file in the office of the City Secretary of the City of Denton, Texas a written instrument signed and acknowledged by a duly authorized officer, in substantially the following form, to wit (a) To the Honorable Mayor and City Council of the City of Denton The Grantee, Texas Utilities Electric Company, acting �b�' and �through the undersigned authorized officer, hereby accepts Ordinance No `17 _Lind-- extending the term of the existing Agreement with the City of Denton TEXAS UTILITIES ELECTRIC COMPANY Byj�` Senior Vice President ATTEST 4W XretwX / p Executed this the a_ A day of 1999 (b) The acceptance shall be duly acknowledged by the person executing the same In the event the acceptance is not filed within the twenty-one (21) day period, this ordinance and the rights and privileges hereby granted shall terminate and become null and void (c) The City Secretary shall cause a notice of the passage of this ordinance fairly stating the substance hereof to be published once each week for two (2) consecutive weeks in the official newspaper of the City of Denton, Texas The Company shall pay the costs of publication of such notices PASSED AND APPROVED this the �%% y day of 1999 1999 JA ILLER, MAYOR PAGE 2 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By 4 The City of Denton, Texas, acting herein by its duly constituted au� daere of s the foregoing Ordinance passed on first reading on the Y 1999, and finally effective as of the day of V-)Aw '1999 'Neil Durrance, Council Member Carl G oung, Sr Council M her Rom Beasley Councivnember Mike Cochran Council Member Sandy Knstoferson, Coun 1 Member The above and foregoing ordinance reXI, adopted on first reading and passed to second reading by the following votes, this the day of 4U&21 , 1999, at a regular session of the City Council Jack Miller, Mayor, voting Roni Beasley, Council Member, voting4L Mark Burroughs, Council Member, votingaG_ PAGE 3 Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, voting Carl G Young, Sr, Council Member, voting Oae , The above and for g9Jng ordinance re ,adopted on second reading and passed by the following votes, this the day of 1999, at a regular session of the City Council Jack Miller, Mayor, voting Rom Beasley, Council Member, voting Mark Burroughs, Council Member, voting Mike Cochran, Council Member, voting OWL Neil Durrance, Council Member, voting.. _ Sandy Kristoferson, Council Member, voting) ?/ _ Carl G Young, Sr , Council Member, voting STATE OF TEXAS COUNTY OF DENTON I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Amendment Number Four to the Agreement Between the City of Denton and Texas Utilities Electric Company pert �to street rental, as indicated herein The same is now recorded as Ordinance Number ZL/2iti in the Ordinance Records of the City of Denton, Texas WITNESS MY HAND this the � day of _ r 1999 r e fer alters, City Secretary (SEAL) S \Our Documents\Ordinances\99\TUECFourth Amendment doc PAGE AMENDMENT NUMBER FOUR TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is engaged in the business of providing electric utility service within portions of the City of Denton (hereinafter called "City' and is using the public streets, alleys, grounds, and rights of -way within the City for that purpose under the terms of an Agreement, approved by the City Council of the City of Denton, Texas in Ordinance No 87-186, duly passed on October 20, 1987, and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No 93-133, duly passed on July 27, 1993, and thereafter amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No 97-227, duly passed on September 9, 1997, and thereafter amended by Amendment Number Three to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No 98-259, duly passed on September 1, 1998 WHEREAS, the Agreement, as previously amended, terminates on March 31, 1999, and WHEREAS, the City and Company desire to amend said Agreement, as amended by said Amendments Number One, Two, and Three, to extend the term of said Agreement for an additional six (6) month period, and to keep said Agreement in continuous force and effect, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS SECTION 1 That Section 10 of the Agreement is hereby amended to read as follows 10 This Agreement shall terminate on September 30, 1999 SECTION 2 That in all respects, except as specifically and expressly amended by this document, the said Agreement heretofore duly passed and approved by the City Council of the City of Denton, Texas and duly accepted by Company, and as amended by Amendments Number One, Two, and Three to said Agreement heretofore duly passed and approved by the City Council of the City of Denton, Texas and duly accepted by Company, shall remain and continue to full force and effect, without lapse, for all purposes pertinent EXECUTED in duplicate original counterparts this the 6� day of ,1999 CITY OF DENTON, TEXAS JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By Qj Page 2 TEXAS UTILITIES ELECTRIC COMPANY By 4:�— SENIOR VICE PRE ENT ATTEST By I S \Our Dopments\Contrects\99\TUEC Street Rental Agrmt 4th Amend doe Page 3