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1987-1862059L 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 between 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 ~mmediately upon its passage and approyal PASSED AND APPROVED this the~day of October, 1987 RAY ST~H~~ ATTEST '~LTERS, CITY SECRETARY D AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2039L THE STATE OF TEXAS ~ AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS COUNTY OF DENTON ~ 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 ls 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 ln3ury 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 ~anager, 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 dlstr~bute power throughout an area "Lateral lines" shall mean those electric lines that emanate from a feeder l~ne and are used to distribute power to smaller areas of electric consumers These electric lines are normally connected to a feeder line through a sectlonallzlng device such as a fuse or disconnect switch "Service lines" shall mean those electric lines which, through a transformer, connect a lateral 11ne to a customer's service entrance 6 Company shall, on or before the 15th day o£ 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 exlstlng 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, hlthway or public place is broken for such construction or maintenance after which time such maintenance shall become the respons~blllty 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 lntent~on 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 C~ty or Company 8 Company,s property and operations within the corporate l~mlts o£ 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 all subdivision rules and regulations of City generally in e££ect to the extent that same are valid and authorized by applicable state or £edera! law Charges £or installation or maintenance of street lighting, including extension costs charged to developers, shal! be in accordance with Company's tarl££s 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 NHEREOF, witness t~/lgnatures_ of p, artles hereto, in duplicate original, this z~'~/~day o£ ~ 1987 CITY OF DENTON, TEXAS ATTEST JE~IF~R0~ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY TEXAS PO~/ER ~ 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 ~nstallatlon 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 here~n set forth 10 Th~s agreement shall terminate September 30, 1997 IN TESTIMONY WHEREOF, witness t~e.,~)gnatures~_?~, parties hereto, in duplicate original, thxs_~.~"~,day of ~, 1987 CITY OF DENTON, TEXAS JATTEST' APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY TEXAS POWER ~ LIGHT COMPANY, a d~vlslon of Texas Utilities Electric Company TOM E~ BLAKEY ~ EXECUTIVE V I CE~..I>RES I DENT PAGE 4 TARIFF FOR ELECTRIC SERVICE TEXAS UTILITIES ELECTRIC COMPANY 2001 Bryan Tower Dallas, Texas 75201 AN INVESTOR-OWNED ELECTRIC UTILITY TABLE OF CONTENTS SECTION DESCRIPTION OF UTILITY (~ERATIONS I CITIES AND COUNTIES SERVED II RATES III RULES AND REGULATIONS IV Section No ~ Sheet No I ~ 1 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY ELECTRIC SERVICE November 13, 1984 Revlsion Paqe Original I of 1 Section Title Tariff Name Applicable UTILITY OPERATIONS Entire System Texas U?llltles Electric Co~pany (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 I$ an electric utility engaged in the generation purchase transmission distribu- tion and sale of electricity wholly within the State of Texas The Company Is a subsidiary of Texas Utllltles 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 acqulres~ storea~ and delivers fuel qas and oil for The qeneretlon of electric enerqy and (3] Texas Utilities Mining Company mines and delivers Iiqnite for the qeneration of electric energy Section No Sheet No TARIFF II I TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY ELECTRIC SERVICE November 15, 1984 Revision I Page Original 1 of 2 Section Title Tariff Name Applicable CITIES AND COUNTIES Entire System SERVED CITIES Abbott Buckholts Da tworthlnqton Gardens Garre,, Jewel, Ackerly Buckinqham Dawson Gholson Jolly Addlson Buffalo Dean Glen Heights Josephine Aledo Burkburnett Decatur Godley Joshua All en Burke DeLeon Go linde Justin Alma Burleson Denlson Goodlow Keufman Alverado Bynum Den,on Gormen Keene Alvord Caddo Hills DeSoto Graford Keller Andrews Cameron Dlboll Graham Kemp Angus Campbell Dodd City Grand Prairie Kennedale Anna Caney City Dorchester Grandfalls Kerens Annette Canton Dublin Grandvlew KIIleen Annette North Carbon Ouncenvllle Grenqer Krum Annette South Carrollton Early Grapeland Lacy-Lekevlew Annona Cedar Hill Easttend Grapevine Ladonla Appleby reline Error Gun Barrel Clty Lake Bridgeport Archer City Centerville Edgecllff Gunter Lake Dallas Arqyle Chandler Edgewood Heltom City Lake Worth Village Arlington Chico Edom Harker Heights Lakeside Athens Chireno Electra Hasler Lakeside City Aurora ClarksvIlle Elgin Heath Lemese Azle Cleburne Elkhart Hebron Lancaster Belch Springs Coahoma Emhouse Henrietta Latexo Bangs Cocktail Hilt Enchanted Oaks Hewltt Lavon Bardwell Colleyvllle Ennls Hickory Creek Leone Barry Collinsvllle Euless Highland Park LarDy Bartlett Colorado City Eustace HIIIsboro Llndale Bedford Comanche Everman Holland Llndsey Bellevue Commerce Felrvlew Hollidey Llpen Bell mead Como Farmers Branch Honey Grove Little River Academy Belton Cool Fate Howe Loralne Benbrook Cooper Ferrls Hubbard Lorene Beverly Hills Coppell Florence Hudson Lovelady Big apr lng Copperas Cove Flower Mound Hudson Oaks Lowry Crossing Blanket CDr Inth Forest Hill Hunt Ington Luelle Blooming Grove Corslcana Forney Hurst Lufkin B)ue Mound Crandall Forsan Hutchlns Mebank Bonham Crane Fort Worth Hutto Nalakoff Boyd Crockett Frisco Iowa Park Ne lone Breckenr Idge Crow lay Frost Irving Mansfield Brownsboro Cumby Fuller Springs Italy IVarshall Creek Brownwood Cushing Oalnesvllle Ite$ca Marquez Brucevllle-Eddy Dallas Gerlend Jacksboro Maypearl Section No ~ Sheet Re TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision I Page Original I 2 of 2 Section Title TTariff Name Applicable CITIES AND COUNTIES I Entire Syste~ SERVED CITIES (Continued) McGregor Palestine Rex,ch Van AIstyne McLendon-Chlsholm Palmer Royse City Venus Mel~ssa Pantego Runaway Bay Waco Martens Paris Sachse Watauqa Mesquite Parker Sadler Waxahachle Mid,and Payne Sprlnqs Saqlnaw Weatherford Midloth[an Pecan Gap Sansom Park Village Wells Milano Penelope Savoy West Mildred Pflugervllle Seaqovllle Wes,brook Milford Piano Seymour Wes,over Hills MiJlsap Pleasant VaJley Shady Shores Westwor,h Mineral Wells Ponder Sherman White Settlement Monahans Pottsboro Snyder Wichita Falls Moody Poeell 5outhlake Wicket, Morgan's Pein, Resort Poynor Sou,hmayd W~lIow Park Mount Calm Prosper Sprlnq,c~n Wills Point Muenster Pyote Stanton Wllmer Murchlson Ouinlan Stephenville Windom Murphy Ranger Streetman Wink Mustang Red Oak Sutphur Sprlnqs Wolfe City Nacogdoches Reno (Decatur) Sunnyvale Woodway Navarre Reno (Paris) Sweetwater Wylie New Chapel Hill Retreat Taylor Yantis Newark Rhome Temple Zavalla Neylandville Rice Terrell Nolanvl[le Richardson The Colony Noonday Richland Thorndale North Richland Hills Richland Hills Thorntonvllle Northcres, River Oaks Thrall O~Donnell Roanoke Tire Oak Grove Robinson Tool Oak Point Rockdale Trinidad Oak Vatley Rockwell Troy Oakwood Roqers Tyler Odessa Roscoe University Park Oglesby Round Rock Valley View Ovl lie Row ts,, Van Total Number of Cities 350 Section No J Sheet No II I 2 TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANY November 13 ~984 ELECTRIC SERVICE Revision Page Original 1 of Section Title Tariff Name Applicable CITIES ANO COUNTIES Entire System SERVED COUNTIES Anderson rennin Navarro Andrews Fisher Nolan Angellna Freestone Palo Pinto Archer ~alnes Parker Bastrop Glasscock Pecos Baylor Grayson Rains Belt Henderson Reagan Borden Hill Red River Bosque Hood Reeves Brown Hopkins Rockwell Burner Houston Rusk Cherokee Howard Scurry Clay Hunt Shackelford Coke Jack Smith Coleman Johnson Stephens Collln Kaufman Sterling Comanche Kent Tarrant Cooke Lamer Terry Coryell Lampasas Tom Green Crane Leon Travls Culberson Limestone Trinity Dallas Loving Upton Dawson Lynn Van Zandt Delta Martin Nard Den?on McLennan Wichita Eastland Midland Wllbarger Ector Mllam Nllllamson Ellis Mitchell Wlnkler Erath Nontague Wise Fails Nacogdoches Wood Young Total Number of Counties - gl ~S;~tlon No J Sheet No iii J TARIFF Effective Date TEXAS UTILITIES FOR November 13 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revlslon J Page ~rl~lnel ! of Section Title Tariff Name Applicable TABLE OF CONTENTS As Indicated Sheet Applicable NO TABLE OF CONTENTS Entire System A RESIDENTIAL SERVICE R Residential Service Rate Entire System 1 ELL Residential Limited Load Service Rate Entire System 2 RTU Residential Time-of-Use Rate Entire System B GENERAL SERVICE G General Service Rate Entire System HV High Voltage Service Rate Entire System 2 GL Guard Light Service Rate Entire System 3 I Interruptlble Service Rider Entire System 4 S Standby Supplem~ntary~ and Maintenance Service Rider Entire System 5 T Temporary Service Rider Entire System 8 WS Warning Siren Rider Entire System ? C MUNICIPAL SERVICE MP MunlclpeJ 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 Charqes 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 P~er Entire System 6 -- Section No I Sheet No III-AI I TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANY Novefnber 13. 1984 ELECTRIC SERVICE ~evlslon I Page OriginalI I of 1 Section TIt)e 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 bellvery additional charges and special contract arrangements baleen the Company and Customer may be required prior to It being furnished MONTHLY RATE Customer Charge $6 O0 Energy Charge Billing Months of May - October Billing Months of November - April 4 15~ per kwh 4 1§~ per kwh firs, 600 kWh I 4~ per kwh all additional kwh Minimum $6 O0 Fuel Cost Plus an amoun, for fuel cost calculated In accordance with Rider FC Payment Bills are due when rendered and become past due If not paid wl,hln 16 days thereafter AGREEMENT An Aqreamen, for Electric Service with a term of no, less than one year is required when special contract arrangements are Involved NOTICE Service hereunder Is subJec, to the orbers of recjulatory bodies having Jurlsdlc, lon end to the Companyts Tariff for Elec,rlc Service Section No I Sheet No TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC CONPANY November I~ lg84 ELECTRIC SERVICE Revlslon Page Section Title Tariff Name Applicable RATE RLL Entire System RESIDENTIAL SERVICE RESIDENTIAL LIMITED LOAO SERVICE APPLICATION Applicable to any customer for ell electric service supplied st 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 end 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 ?emporary, shared, or resale service TYPE OF SERVICE Single phase, 60 hertz, at $20 volts A load limiting device will be Installed between Company's meter base end meter which will not allow current flow in excess of 12 amps NONTHLY RATE Rate 4 15~ per kwh Minimum $1 O0 Fuel Cost Plus an amount for fuel cost calculated In accordance wlth Rider FC Payment Bills are due when rendered and become past due if not paid within 16 days thereafter AGREENENT The term of service Is for o~e year If Customer terminates service o~ this rate, such Customer Is Ineligible for service under th Is rate for a period of one year from date NOTICE Servlce hereunder Is subJect to the orders of regulatory bodies having Jurisdiction and the Company's Tariff for Electric Service Section No I Sheaf No TARIFF TEXAS UTILITIES Effective Date FOR November 13~ 1984 ELECTRIC COi~ANY ELECTRIC SERVICE ~evlslon I Page Or t~lnalI 1 of 2 Section Title Tariff Name Applicable RATE RTU Entire System RESIDENTIAL SERVICE RESIDENTIAL TIME-OF-USE SERVICE APPLICATION Applicable to any Customer for all electric service supplied at nne point of dellv®ry and measured through one meter used for residential purposes in an lndlvldual private dwelling or In an Individually metered apartment This rate Is offered as an optional experimental rate and Is tlmlted to 2000 customers The selection of participants fro~ 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 $9 O0 Energy Charge On-Pemk Hours Off-Peak Hours 15 §2~ per kwh 1 43~ per kwh Minimum $9 O0 Fuel Cost Plus on 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 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 s period of o~e year from termlnatlon date If Customer terminates service before the end of ~'he Initial one year term of serv- Ice, the final bill will Include an adJustment for the amount by which billing on Remldentlal Service Rate R exceeds the billing rendered off this rate If service 15 ter- minated due to the Company's withdrawing thls rate, the above adjustment to the final bill does not apply Section No J Sheet No TARIFF TEXAS UTILITIES Effective Dete FOR November 13 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision Page Original 2 of 2 Section Title Tariff Name Applicable RATE RTU Entire System RESIOENTIAL SERVICE REStOENTIAL TIME-OF-USE SERVICE NOTICE Service herunder is subject to the orders of regulatory bodies hevlnq Jurisdiction and to the Company's Tariff for Electric Service Section No I Sheet NO III-B[ 1 T/&RIFF TEXAS UTILITIES Effective Data FOR ELECTRIC COMPANY November 13~ 1984 ELECTRIC SERVICE Revision I Page Original 1 of ~ Section Title Tariff Name Applicable RATE G Entire System GENERAL SERVICE GENERAL SERVICE I APPLICATION Applicable to any Customer for all electric service supplied at one point of dellvery and measured through one ~eter Each location Is metered and billed separately and e demand meter is redulred when mexlmum kW ~s 10 kW or higher Applicable to temporary construction power standby~ supplementary maintenance or Interrup- tibia service in conjunction with the appropriate rider Not applicable to resale oc 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 ~eter 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 $10 O0 Demand Charge $4 05 per kW of demand In excess of 10 kW $1 O0 per kW for each current month kW In excess of the contract kW Energy Charge Customer with Metered Demand Customer without ~etered {)emend 4 50~ per kwh first 2500 kwh 4 50~ per kwh first 2500 kgb 2 50~ per kwh next 3500 kwh~ 2 50~ per kwh ell addltlonel kwh 0 67~ per kwh all additional kwh ~Add ~70 kwh per kW of demand In excess of 10 kW Primary Service Credit $2 50 plus $0 35 per kW of demand In excess of lO kW and 0 10~ par 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 ~ If not paid within 20 days after being rendered Section No Sheet No 111-0 1 TARIFF TEXAS UTILITIES Effective Date FOR November 13 1984 ELECTRIC COFPANY ELECTRIC SERVICE Revision Page Original 2 of 3 Section Title Tariff Name Applicable RATE G Entire System GENERAL SERVICE GENERAL SERVICE DEMAND DETERMINATION Demand for calculation of the monthly bill is determined in accordance with the following provisions A Demand is the smeller of $) the highest 15-mlnute kW recorded durinq the current month 2) on=peak kW plus 25~ of the current month kW In excess of the on-peek kW This provision applies only If Customer has a stable, recurrlnq annual pattern of use end 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~inute 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 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-pmak h~story through actual use Contract kW Is the maximum kW specified in the Aqreement 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 end 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 O0 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 bllllng under time-of-day option becomes effective Service hereunder may be commenced only at the beglnnlnq of an on-peak month Company reserves the rtqht to discontinue this option to additional customers If~ in the Company's Judg~nt system load cheracterlstlcs no longer warrant such option Section No I Sheet No III-B J TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 1~ 1984 ELECTRIC SERVICE ~evlslon J Page Original 3 of 3 Section Title Terlff Name Applicable RATE G Entire System GENERAL SERVICE GENERAL SERVICE AGREEMENT An Agreement for Electric Service with e term of not less than one year Is required for customers having maximum electrical loads of 500 kW or more customers selectlnq 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 o~ders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service Section No Sheet No III-B 2 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC CO~ANY November 13 1984 ELECTRIC SERVICE Revision Page Original I of 2 Section Title J Tariff Name Applicable RATE HV Entire System GENERAL SERVICE HIGH VOLTN~E SERVICE APPLICATION Applicable to any Customer contractlnq for electric service of not less than 5000 kW at transmission voltage supplied at one point of delivery and ~easured through o~e meter Applicable to standby supplementary maintenance or Interruptlble 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 trensmlsslon voltaqe Where service of the type desired by Customer Is not already available at the point of dellvery~ additional charges and special contract arrangements between the Co~lpany and Custer clay be required prior to Its being furnished Company may at Its option ~eter servlce 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 O0 Demand Charge $5 19 per kW of de.and $1 O0 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 15 days thereafter Bills are Increased by 3~ If not paid within 20 days after being rendered DEMAND DETEI~IINATION De.and for calculation of the monthly bill is determined in accordance with the following provisions ^ Deaand Is the s~aller of I) the highest l§-alnute kW recorded during the current month 2) on-peek kW plus 25~ of the current month kW In excess of the on-peak kW This pro- vision applies o~ly If Customer has a stabler recurring annual pattern of use and at least one full menth of actual on-peak history or an estimate thereof which Is representative of such annual pattern of use B But Is not less than ~he highest of I) 80~ of the on-peak kW 2] 50~ of the contract kW 50~ of the highest 15-allnuta kW recorded at the premises In the 12 month period ended with the currant month Section No I Sheet No III-BI 2 TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANY November 13~ 1984 ELECTRIC SERYlCE Revision Page Original 2 of 2 Section Title Tariff Name Applicable RATE t-IV Entire System GENERAL SERVICE HIGH VOLTAGE SERVICE DEFINITIONS On-pamk kN 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 kN until Customer establishes such demand through on-peak use, unless, In Companyfs sole Judgment, sufficient data exists for Company to estimate o~-peak kW until Customer establishes o~-peek history through actual use Contract kN is the maximum kW speclfled In the Agreement for Electric Service but not less then 5000 kW Current month kW is the highest 15-minute kW recorded at premises during the current month TINE-OF-DAY OPTION At Customerls 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 Companyfs o~-peek hours In the 12-month period ended with the current month O~-peak hours are the eight hours between 12 noon and 8 p m each weekday (Nonday-Frldey] excluding July 4 and Labor Day during the cetendar months of June through September An additional monthly charge of $10 O0 Is made when Custon~r selects time-of-day option On-peak kW must be established by actual use during Company's o~-peak hours before billing under time-of-day optlon becomes effectlve Service hereunder may be commenced o~ly at the beginning of an ~-pamk month Company reserves the right to discontinue this option to additional customers If, In the Cempeny~s Judgment system load characteristics no longer warrant such option AGREEMENT An Agreement for Electric Service with a term of not less then three years Is required NOTICE Service hereunder is subject to the orders of regulatory bodies having Jurisdiction and to the Oompany~s Tariff for El®¢trlc Service t lectlon No I Sheet No III-B 3 TARIFF tractive Date TEXAS UTILITIES FOR November 13~ 1984 ELECTRIC CONPANY ELECTRIC SERVICE Revision I Page Original I 1 of 2 Section Title I Tariff Name Applicable RATE GL Entire System GENERAL SERVICE GUARD LIGHT SERVICE APPLICATION Applicable to any Customer for unmetered liqhtlng service supplied exclusively to one or more outdoor lamps as specified bel¢~ operatlnq autocratically from dusk to dawn Not eppllceble to street lighting NONTHLY RATE Rate IVlercury Vapor Sodium Vapor Watts kwh Lumens Cost Watts kwh Lumens Cost t75 70 7,000 $ 6 45 100 40 9 500 $ 6 75 400 tSO 20 000 $ 9 20 200 80 22 000 $ 9 55 Ex~ra Spans Plus $3 15 per span of secondary line installed hereunder in excess of one spsn per light Fuel Cost Plus an ~unt 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 belnq rendered INSTALLATION AND NAINTENANCE OF FACILITIES Company wltl Install at each lamp location one complete overhead lumlnatre of an approved design on an existing Company-owned wood pole or on an additional 30 or 35 foot wood pole ns appropriate for the light sizew at an agreed upon location at a distance not to exceed one span of line from Companyts existing secondary dlstrlbutlon tines or from any other lamp Ioca- tloo served hereunder Company will maintain all facilities incidental to providing this service Including replace- ment of burned-out lamps Socttl~ No I Sh#tt No III-BI ~ TARIFF TEXAS UTILITIES Et?act?lye Da?tn FOR ELECTRIC OOHPANY ELECTRIC SERVICE November l~ tg84 Revision [ Page Original 2 of 2 Section Tittle Tariff Name Appl Icable GENERAL SERVICE RATE GL Entire System GUARD LIGHT SERVICE INSTALLATION AND MAINTENANCE OF FACILITIES (Con1,inued) If a light Is Installed el, Custto~er~s requmstt at a location requlrlng more than one span of line, an addlttlonal charge as provided herein Is made for the number of spans of line Insttalled In excess of the number of IIghtts Installed If a ttrensformer Is Ins?tailed speclfl- cai ly t'o serve l ightts hereunder, Cus1,cxaer Is required to make a non-refundable payment? ?to Coppery of $360~ In addlttlon ?o other appl Icsble charges Company reserves the rlgh1- 1'o refuse or disconttlnue service att lorn??ions where excessive emln- 1,enance and/or lamp replacementts ere, In Companyls sole Judgment,, likely to or act,ual ly do Addittional charges and ~on1,rac? arrangementts may be required when poles must? be se? by hand, and/or If unusual or excessive consttructlon costs are Involved, and are required If underground service Is desired CONVERSION OF MERCURY VAPOR LUHIMAIRES TO SODIUM VAPOR Co~pnny will convert exist?lng Company-owned mercury vapor lumlnalres ?to sodium velxYr luml- nalres upon request of and payamntt by Customer of 558 O0 for each lumlnalre 1'o cover the labor cost of removal and Company's average unamortized lnvestlaentt In ?the mercury vapor lumlnalres AGREEMENT An Agreement? for Electric Service with a 1-arm of no1, less than one year Is required for new Instal lations NOTICE Service hereunder Is subject? ?o the orders of regula1,ory podles having Jurlsdlcttlon and ?o the Company's Tariff for Electrlc Service Section No I Sheet No TARIFF TEXAS UTILITIES Effective Data FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revlslon I Page Original 1 of 3 Section Title Tariff Name Apptlcable GENERAL SERVICE RIDER I 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 Interruptlble load as defined below The total system lnterruptlble load served hereunder may not exceed an amount determined solely by C~pany based on Its o~eratlng rules and standards Not applicable In conjunction with other riders associated with aforesaid rate schedules unless specifically provided for unde~ such riders The terms of the Agreement for Service and the applicable rate schedule are modified only as sho~n 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 Dez~and plus 1250 kW b 25~ of the Total Requlrement Demand recorded at any time during the 12 months ending with the current month C 25~ of the maximum elactrlcal Icad requirement specified In the Agreement for Electric Service The minimum contract demand limitation contained In General Service Rate G or High Voltage Rate HV~ as appllcabla~ canaot override the demand credit for Intarruptlbla service #Firm Power Demand and Total Requirement De~and shall be determined In a manner Identical to that provided for Demand off the applicable rate schedule Section No I Sheet No III-BI 4 TARIFF TEXAS LrrlLITIES Effectlve Date FOR ELECTRIC COHPANY ELECTRIC SERVICE November 13~ 1984 Revision ] Page Original 2 of 3 Section Title Tariff Name Appl Iceble GENERAL SERVICE RIDER I Entire System INTERRUPTIBLE SERVICE CIRCUITRY, INTERRUPT IBLE EQUIPMENT, ARD HETERING The circuit supplying the Interruptlble load together with lnterruptlble equipment and Co~p&nyts recording equlpment shall be In accordance wlth the follcelng diagram, or In · wiring con- flguFatlon that ~ould provide equivalent control end metering Information Incoming Circuit Total FIFm Requirement Power Meter Meter Interrupting Equips mat Firm Pceer Load Load CONDITIONS OF SERVICE The Company shall Install the necessary switch gear underfrequency relays, manual controls, remote controls, monltorlng devices, and related equlpment as determined necessary by the Company to Interrupt the Interruptlble load Such Interrupting facll Itles shall be under the exclusive control of ~he Company, and the Instslletloa and mlntenanoa of such faclll- ties shall be et the e~pense of the customer TARIFF Ef fectlve Dele TEXAS UTILITIES FO~ November 13. 1984 ELECTRIC COt4PANY ELECTRIC SERVICE Revision I Page Original 3 of Section Title Tariff Name Applicable GENERAL SERVICE RIDER I Entire System INTERRUPT IBLE SERVICE 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 end of the Initial period or any subsequent period 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 flrm power for the period since service was first commenced under this rider, or for the two year period Just prior to such determlnatlon~ whichever period Is less The difference between the actual bills ren- dered and the amount so calculated shell be adjusted each month to cover the Company's annual cost of capital compounded ~onthly from such month to date as determined ~n the Company's most recent rate case by the Public Utlllty Commission of Texas Such adjusted difference shall Immediately become due by Customer to Company Electric service to the Interruptlble load shall be Interrupted by Company~ with or without not tce~ 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 mlnutes toward each limit of less than 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 endlnq with the current month Interruptions which are not Initiated by Company are not credited toward Interruption limits Sectlma No I Sheet No TARIFF Effective Date TEXAS UTILITIES FOR ELECTRIC COMPANY ELECTRIC SERVICE Ngv~f~er 13. 1984 Revlslom I Page Original t 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 Ccmpeny~s service may be substituted, either directly or Indirectly, or used es a stnndby~ 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 DENAND DETERNINATION Demand Is as stated in applicable rate~ except that the bllllnq demand Is not less than the on-pemk kW CREDIT FOR ENERGY DELIVERED iNTO CONPANY~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~ ss applicable to such energy Is credited monthly provided that Customer has paid Company for necessary added metering pro- tectlve~ and other equipment as determined by Company If Customer Is a qualifying small power producer or a cogenerator ns defined by appropriate laws and/or regulatory authorl- tles~ customer-produced energy Is bald for as specified in the Agreement for Eleotrlc 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 Co~pany~ Customer must Install and maintain, et Customerls expense, such devices as may be necessary to protect Customerls 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 I Sheet No III-B I 6 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC CON, ANY November 13 1984 ELECTRIC SERVICE ~evlslon I Page Original I of I Section Title Tariff Name Applicable RIDER T Entire System GENERAL SERVICE TEMPORARY SERVICE APPLICATION Appl lcable 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 then 12 consecutive months Not applicable In conjunction with other General Service Rtders or with the time-of-day option under Rate G The provisions of General Service Rate G are medlfled only as shown herein MONTHLY RATE In accordance with the terms of General Service Rate G except 1) The Monthly Rate Is applied 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 $11 O0 for each bill rendered 2) A nonrefundable service charge of 10~ of the amount due under Rate G, excluding Fuel Cost, Is added SPECIAL CONDITIONS The billing demand is In no event less than the current month kW Customer pays, In advance, the cost of materlal~ labor, and supplies used by the Company In Installing moving and removing all equipment necessary to furnish servlce~ ss set forth In Rate M Miscellaneous Service Charges Service to be connected for a period of 3 days or less may, at Company,s option, be unme- tared and billed on estimated demand and kilowatt-hour usage provided however~ that the kilowatt-hours are based on not less than 50~ utilization of the connected load during the service period AGREEMENT The agreement for electric service, If required may be for less than one year Section No ] Sheet No II I-BI 7 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 3. 1984 ELECTRIC SERVICE Rev I a I on Page Original I of 1 Section Title Tariff Nama Applicable GENERAL SERVICE RIDER WS Entire System WARNING SIREN SERVICE APPLICATION Applicable to monlclpalltles fo~ nonmetered electric service In conJunctlo~ elth General Service Rate G for operation of three-phase warning sirens when In Companyt$ Judgment the monthly kwh use does not exceed 5 kwh Not appl Icable fo single-phase earning sirens any other devices o~ related se~vlce~ or In con- Junction with any other riders The provisions of General Service Rate G are modified only as shown MONTHLY RATE In accordance with General Service Rate G, except monthly use Is billed at 3 kwh and a billing credit of $1 O0 per month is applled SPECIAL CONDITIONS If Company determines at any time that monthly use Is In excess of 5 kWh~ Customer Is requlred~ upon Cempany~s request, to Install a mater 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 TARIFF TEXAS UTILITIES Effective Date FOR November l~, 1984 ELECTRIC COMPANY ELECTRtC SERVICE Revision | Page Original ~ I of 3 Section Title Tariff Name Applicable RATE t4TM Entire Svst~n MUNICIPAL SERVICE MUNICIPAL PUMPING SERVICE APPLICATION Appllceble to municipalities water, end sewaqe utilities for electrlc service used for water and sewa§e pumping Includlng usage Incidental to such service Each location Is metered and billed separately and a demand meter is required when ~ximum kW Is I0 kW or higher Not appllcebIe to temporary shared standby supplementary maintenance or resale servl~e TYPE OF SERVICE Single or three phase 60 hertz at any one of the Company'~ 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 end Custo~r may be required prior to its being furnished If Customer fakes serwce at rlmary voltage Company may at its opt ion meter service on the secondary side of Customer's nsformers end adjust for -ansformer losses in accordance with Company's Tariff for Electric Ice MONTHLY RATE Customer Charge $10 O0 Demand Charge $1 26 per kW of demand in excess of 10 kW Energy Cha~ge Customer with Metered Demand Customer without Metered Demand 3 15~ per kwh first 2500 kwh 3 15~ per kwh first 2500 kwh 2 50~ per kwh next 3500 kwh* 2 50~ per kwh all additional kwh 1 41~ per kwh all additional kwh *Add ~70 kwh per kW of demand In excess of 10 kW Primary Service Credit $2 50 plus $0 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 Pey~flt Bills are due when rendered and b~ome past due if not paid wlthfn 16 days thereafter Bills ere increased by 3% If not paid ~lthin 20 days after being rendered Section No I Sheet No III-CI 1 TN{IFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision I Page Original 2 of 3 Section Title Tariff Name Applicable RATE 14~ MUNICIPAL SERVICE Entire System MUNICIPAL pUlaPING SERVICE DEMAND DETERMINATION Demand for calculation of the monthly bill Is determlned 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, recurrJnq~ 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 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 Custo~r contracting for new service, on-peak kW is the current month kN until Customer establishes such demand through on-peek use unless In Company's sole Judgment~ sufficient data exists for Company to estlmete 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 TINE-OF-DAY OPTION At Customer's option end after completion of necessary ontract arrangements and Installation of necessary metering edulpment, the on-peak kW used In determining billing demand Is based upon the highest 15-minute kW recorded during the Cempany~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 O0 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 bacons effective Service hereunder may be coe~enced only ~ the beglnnlnq of an on-peak month Company reserves the right to discontinue this option to additional Customers if, In the Companyfs Judgment system load characteristics no longer warrant such option Sectlo~ No I Sheet No III-CI 1 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY November 13 1984 ELECTRIC SERVICE ~evlslon Page Original 3 of Section Title Tariff Name Appl lcable RATE ~ MUNICIPAL SERVICE Entire System MUNICIPAL PUMPING SERVICE AGREEMENT An Agreement for Electric Service with a term of no, less than o~e year Is required for Customer having mexlmum electrical loads of 300 kW or more, cus,omers selec, lng the time-of-day option, when special contrac, arrangements ere Involved, and may be required for loads under 500 kW NOTICE Service hereunder Is subJect ,o ,he orders of regulatory bodies have Jurisdiction and to ,he Companyts Tariff for Electric Service Section No I Sheet No TARIFF Ill-CJ 2 TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY November 13, 1984 ELEC1RIC SERVICE Revision I Page Original 1 of Section Title Tariff Name Applicable RATE MS Entire System MUNICIPAL SERVICE MISCELLANEOUS HUNIClPAL TYPE SERVICE APPLICATION Applicable to electric service to municipalities where the Company provides electric service at retail common or Independent school dlstrlct facilities and to ball parks~ stadlums~ or arenas where field of play lighting Is not less than 85~ of the total connected load Each Iocetlon Is metered and billed separately and · dec. nd 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 th is schedule Nonmetered traffic signal service Is not available to new Installations Not applicable to temporary~ shered~ standby, supplementery~ mnlntennnce~ or resale service TYPE OF SERVICE Single or three phaser 60 hertz~ at any one of the Company's available standard marvlce voltages as required by Customer Where service of the type desired by Customer Is not already available at the point of detlvery special =trsct arrangements between the Company end Customer may be redulred prior to Its being furnished MONTHLY RATE Customer Charge $15 O0 Energy Charge Billing Manths of May-October Billing Months of November-April 4 19~ per kwh 2 50~ 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 NONNETERED 1RAFFIC SIGNAL SERVICE (closed to new Installations) Electrlc energy supplied for the operation of a non-metered traffic signal lens Is assumed to be 24 kwh per month A lens Is any openlnq through which light shines for the purpose of controlling traffic AGREEMENT An Agreement for Electric Service with a term of not less then one year Is required for customers having maximum electrical loads of §00 kW or more, and may be requlred for loads under 500 kW NOTICE Service hereunder Is subject to the orders of regulatory bed les having Jurlsdlctlon and to the Companyts Tariff for Electric Servloa Section No I Sheet No Ilt-C I 3 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC CO~IPANY November 13 1984 ELECTRIC SERVICE Revision I Page Original 1 of 4 Section Title 1 Tariff Name Applicable RATE SL Entire System MUNICIPAL SERVICE STREET LIGHTING SERVICE APPLICATION Applicable to governmental entities 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 voltaqes as required by Customer Where exlstinq 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 belnq 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 - UNMETERED FACILITIES Customer Charge $25 O0 Luminalre Charqe per Lumlnalre Lamp Schedule Wattage. Lumens kwh A B C D Rectangular Post-Top Mercury Vapor 175 7 000 70 $ 5 I0 $ 8 30 $ 2 25 $ 1 25 $33 55 $15 10 400 20,000 150 7 75 12 25 4 O0 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 $ 5 35 $ 8 60 $ 3 O0 $ 0 70 N A $16 80 150 16 000 70 6 35 9 95 N A I 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 I 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 $ 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 l16W 189W 295W or more Fluorescent* Mercury Vapor-250W* Historical $1 75 $3 O0 $5 O0 $18 O0 $ 9 75 $ 76 50 *Closed to new street lighting Installations Section No J Sheet No III-C[ ~ T.~IFF TEXAS UTILITIES FOR EffectIve Date ELECTRIC COMPANY November 13, 1984 ELECTRIC SERVICE Revision Page original 2 of 4 Section Title Tariff Name Appl Icoble RATE SL Entire Systee MUNICIPAL SERVICE STREET LIGHTING SERVICE MONTHLY RATE - UNNETERED FACILITIES (Continued) Fuel Cost Plus an a~ount 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 ~ If not paid within 20 days after being rendered MONTHLY RATE - METERED FACILITIES-NORCORPANY-ONNED Applicable for electric service supplied at one point of dellvery and measured through one meter to customers o~nlng operating and maintaining street and highway lighting and Incidental safety lighting equipment which operates saw hours as normal street lighting Customer Charge $25 O0 Energy Charge 1 80~ per kwh Primary Servlco Credit $10 O0 Fuel Cost Plus an a~ount 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 belng rendered MONTMLY RATE - METERED FACILITIES - CCMP^NY-ONNED {Closed to new Installations) Customer Charge $15 O0 Energy Charge 6 00~ per kt~n Fuel Cost Plus an amount for fuel cost calculated In accordance wlth Rider FC Payment Bills ere due when rendered and become past due If not paid within 16 days thereafter Bills are Increased by ~ 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 ~ood poles Group 2 -- Company Installed. owned, operated and maintained overhead multiple street lights mounted on steel or other ~-namental poles of a type normally used by C~peny. and Customer or a developer has contributed to Company an a~ount equivalent to the dif- ference between the ~n3tal Installed cost of such street lighting and the total Installed cost If served overhead wlth lights mounted on ~ood poles Group 3 -- Coapeny Installed. owned~ operated, and ma lntalned underground multiple street lights mounted on steel or other orna~ectal poles of a type normally used by C~,peny~ and Customer or a developer has contributed to Compeny an amount equlvalent to the difference between the total Installed cost of such street lighting and the total Installed cost If served overhead with lights meunted on wood poles Section No I Sheet No III-C I ~ TARIFF Effective Dele TEXAS UTILITIES FOR November 1~. lgB4 ELECTRIC COMPANY ELECTRIC SERVICE ~evlslon I Page Original I 3 of 4 Section Title Terlff Name Applicable RATE SL Entire System MUNICIPAL SERVICE STREET LIGHTING SERVICE Schedule A (Continued) Group 4 -- Company Ins,ailed owned, operated and maintained underground multlp~e street lights mounted on wood poles and Customer or developer has con,rlbuted ,o Company an amount equlvalen, to the difference between the tota~ Ins,ailed cos, of such street lighting end the total Installed cost if served overhead Group 5 ~- Company Installed, owned operated and main,mined rectangular, post-top or histori- cal street light Installations of a Type normally used by Company, and Customer or a developer has con,rlbuted ,o Company an ar~unt equivalent to ,he dl fference between the total Installed cos, of such street lighting and the total Installed cost if served overhead wltn lights mounted on wood poles Schedule B applies to Group 1 -- Company Installed owned operated and maintained overhead mu l,lple street lights mounted on steel or other ornamental po~es 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 oddltlonal charge of $? O0 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 end Schedule A to the other Group 2 -- Company Installed, owned operated, and maintained underqround 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 servlnq the street llqhts end 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 G applies to one of the lights and Schedule A to the other Schedule C# applies to Group 1 -- Multiple street Ilqhts installed for the use of Customer by Customer or by · govern- mental subdlvlslon All equipment replacement and maintenance Is performed by Customer or the qovernmental subdivision Company provides lamp replacement service only (unless otherwise requested In writing by Customer) Group 2 -- Company owned mutiple street lights mounted on steel on other ornamental poles of a type not normally used by Company, and Customer or a developer has omntrlbuted to Compeny'~n amount equivalent to the entire construction cost of the street lighting facilities Including lumlnalres and circuits #co~pany operates all street lights under Schedule C (must be of · type suitable for use with the lamp sizes provided for herein) and makes all normal lamp replacements at Its expense All cffher maintenance will be billed to Customer on the basis of actual costs Includlng appropriate overhead expense Section No I Shemt No III-CI 3 TARIFF TEXAS UTILITIES Effective Date FOR November t~ 1984 ELECTRIC CONPANY ELEC~ lC SERVICE Revls Ion I Page Original 4 of 4 Section Title Tariff Name Appllceble RATE SL Entire System NUNIClPAL SERVICE STREET LIGHTING SERVICE Schedule D applies to Customer operated and maintained multiple street lights o~ where such lights ere Installed by a governmental subdivision for the use of Customer~ and Company suppl les oaly power and energy to Customer for the operation of the street Ilghts Rectangular~ Post-Top and Historical apply to Company Installedp owned~ operated and maintained underground multiple street lights mounted on steel or other ornamental poles of a type normally used by Co4~pany and refer to specific flx- tures of a type normally used by Company as listed In the Company's standards catalog for street lighting equipment CONVERSION OF NERCURY VAPOR LUNINAIRES TO SOD IUN VAPOR Company will convert existing Company-owned mercury vapor lumlnalres to sodium vapor lumlnalres upon request of and payment by Customer of $~8 O0 for each lumlnalre to cover the labor cost of removal end Company's average unamortized Investment in the mercury vapor lumlnelres SPECIAL CONDITIONS For billing purposes the monthly street lighting burning hours are Customer owned unmetered lamps Installed prior to the effective date of this rate other than those of the lamp slzes shown under Schedule O are billed under the metered rate and the aax3unt of monthly energy is determined by multiplying the connected load (Including ballast) by the number of burning ho(irs Company reserves the right to discontinue service at locations where excessive malntenenc® and/or lamp replacement occur~ or Company may charge customer for such maintenance and/or lamp replace- ments Company makes all connections and dlsconnectlons to its distribution system AGREENENT An Agreement for Electric Service with · term of not less than ten years Is requlred NOTICE Service hereunder Is subJect to the o~ders of regulatory bodies having Jurisdiction and to the Company's Tariff for Electric Service " Sectlon No I Sheet No III-DI 1 TARIFF Effective Date TEXAS UTILITIES FOR January 28, 1987 ELECTRIC CO#IPANY ELECTRIC SERVICE Revision I Page Two ,1 of 1 Sectlon Title Tarlff Name Applicable RIDER FC Entire System OTHER BASE RATE FUEL CO~4PONENT APPLICATION Applicable to all rate schedules which provide for Inclusion of fuel cost hereunder The base rate fuel component ls added to the amount due from charges of the rets schedu[es under whlch electrlc service ls provided The base rate fuel component ls bltled in proportion to the number of kwh used NET MONTHLY BILL The base rate fue[ component Is as follows Secondary voltage 2 2172~ per kwh, all kwh Prlmsry voltage 2 1545~ per kWh~ al1 kwh Transmission voltage 2 099~ per kwh, all kwh The amount to be bltled Is determined by multlplylng the kwh used by the appropriate bess rate fuet component es determlned by the voltage [evel of servlce~ end ls rounded to the nearest cent Secondary voltage Is less than 2,400 volts and prlmary voltage Is the most available voltage from 2 400 volts to 25~000 volts Section No I Sheet No III-DI 2 TARIFF Effective Dele TEXAS UTILITIES FOR Novemb, er 13. 1984 ELECTRIC COMPANY ELEC~IC SERVICE Revision I Page OriginalI 1 of 4 Section Title Tariff Name Applicable RATE M Entire System OTHER NISCELLANEOUS SERVICE CHARGES APPLICATION Applicable to all Customers served by the Company The service charges listed below are in addition to any other charges made under Company ts Tariff for Electric Service~ end will be applied for the appropriate condition described Other services not covered by these standard conditions wi II be charged off the basis of an estimate for the Job or the Companyts cost Charge No Name and Description Amount 1 Returned Check Charge Is made for each Customerts check returned $ 6 O0 unpaid by s financial institution for any reason 2 Reconnect Charge Is made when Customer requests reconnec~lon of electric service after having been disconnected In accordance with Company's Tariff for Electric Service · Reconnect at meter I) During regular working hours $ 17 O0 2) Outside regular worklnq hours 30 O0 b Reconnect at pole or subsurface box 1) During reqular working hours $ 60 O0 2) Outside regular working hours 90 O0 3 Field Collection Charge is mede for each trip to Customerfs premises for the purpose of collecting an a~unt due $ 7 O0 4 Hater Reading Out-of-Cycle Charge is made each time Cust~ner requests and Company makes an out-of-cycle mater Feeding a During regular working hours $ 25 O0 b Outside regular working hours 50 O0 5 Special Bill Form Charge Is made each time Company provides $ 7 O0 a manually prepared special bill analysis, State of Texas Purchase Voucher, or other special vouchers at Custemerls request An additional charge of $0 50 Is made when Company buys Purchase Voucher from the State of Texas Section No I Sheet No TN~IFF Effective Date TEXAS UTILITIES FOR ELECTRIC CONP^NY November 13 1984 ELECTRIC SERVICE Revision I Paqe OriginalI 2 of 4 Section Title Tariff Name Applicable RATE M OTHER Entire System MISCELLANEOUS SERVICE CHARGES 6 Load Report Charge Is n~de each time Company provides such report An additional charge of $30 O0 Is mede for each set of monthly reports produced after normal monthly pro- cessing has been co.plated A supplement to the Agreement for Electric Service Is required a Sun, nary re~ort $ 10 00 b Single-channel report 20 O0 c Multi-channel report 30 O0 7 Electrical Pulse Charge Is made monthly when Customer $ 6 O0 requestsw 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 ?he necessary equipment The standard Ins?alia?ion ~ost for pulses from a single kwh meter Is $300 O0 all others ere based on cost estimates of specific Installations A supplement to the Agreement for Electric Service Is required 8 Connection and Removal Charges In conJunction with Rider T Temporary Service Rider, are mde in addition to r~)rma) 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 redulred to provide service a Connect and disconnect single phase service and read a $ 16 O0 meter already Installed, Including an Account Initiation Charge b Install and remove single phase service wires end a ~ter 70 O0 Account Initiation Charge c Install end remove single phase service wires meter and 370 O0 transformer (up to 50 kVA) on existing pole end read a meter Includlng an Account Initiation Charge 9 Tamper lng Charge Is made for unauthorized reconnectlon or other $ 75 O0 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 facllltles~ Installing protective facilities or relooa- tlon of meterw and the estimated amount of electric service not recorded by meter, If any, Is also made Sectlon No I Sheet No liI-DI 2 TARIFF Effective Data TEXAS UTILITIES FOR November 13t 1984 ELECTRIC OOMPANY ELECTRIC SERVICE ~evlslo~ I Page OrtglnalI 3 of 4 Sect lon Title Tariff Ne~e Applicable RATE M Entire Syste~ OTHER MISCELLANEOUS SERVICE CHARGES Chqrge NO Na~e and Description Aeount 10 Disconnection Fee for Transfer of Servlce is sade when Custoeaer who Is receiving pereanent electric service froe Company requests in writing transfer of such service to another electric utility Prior to disconnecting electric service to transfer such service to another electric utlllty, Customer pays Company for all omounts omed Ccepany Company Issues receipt to Custoeer upon payment of ell amounts o~ed Company which Include a A disconnect charge to residential customers to remove $ 135 O0 meter end service based upon the average direct labor and vehicle costs of dlsco~necting Custoeer The charge to nonresidential Customers for normel Instal latlons Is also $135 O0 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 facllltles rendered Idle and not usable elsewhere on Co~penyts 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 applicable under Company's Terlff for Electric Service or Agreement for Electric Service e Any other applicable charges Total Disconnection fee $ 135 O0e #Plus applicable charges under paragraphs b, c~ d, and · I1 Account History Charge Is ~ade each time Custoeer requests and $ 25 O0 Company provides s billing/usage premise history or analysis In excess of the latest 15 months Section No I Sheet No III-DI 2 TNIIFF Effective Date TEXAS UTILITIES FOR November 13 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision I Page OriginalI 4 of 4 Section Title Tariff Nama Applicable RATE N Entire System OTHER NISCELL^NEOUS SERVICE CHARGES Charge No Name and Description Amount 12 Meter Test Charge Is made when a residential customer requests $ 15 O0 and Company performs e meter test and the mater Is found to be within the accuracy standards established by the ^merlcan National Standards Institute and said meter has been tested pre- vlously on request of customer within the past four year period The charge for mater tests for other than residential customers Is based upon an estimate of the actual expenses Incurred for each test Account Initiation Charge Is made for processing an application for electric service (a) Existing Iocatlon~ except those instances Involving o~ty a $ 7 O0 change In name wherein there Is no change In ~he actual party responsible for the charges for electric service (b] New location 10 00 14 Collection Lette~ Charge I$ made for processing a registered $ 15 O0 letter de~ndlng payment of past due accounts 15 Tenant Notification Charge Is made to recover expenses Incurred $ 1 00/spt 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 0?her Miscellaneous Servlce Charges are made for miscellaneous As Calculated services not covered by the standard conditions above and ara charged on the basis of an estimate for the Job or the Companyts COSt PAYMENT Bills are due when rendered and are past due if not paid within 18 days ?hereafter 81Ils for nonresidential rate customers are Increased 3~ If not paid with in 20 days after being rendered NOTICE This rate Is subJect to the orders of regulatory bodies having Jurisdiction end to the provlslons of Coapanyts Tariff for Electric Service Section 14o ] Sheet No III-DJ 3 TARIFF Effective Date TEXAS UTILITIES FOR November 13, 1984 ELECTRIC O01~PANY ELECTRIC SERVICE J~evlslon J Page Original I of 1 Section Title Terlff Name Applicable RATE SPA Southwestern Power OTHER S P A WITHDRA#ALS Admlfllstratlo~ APPLICATION Appllcable to power and energy delivered to Electric Ceoperatlvem by the Company far the account of Southwestern Po~er Administration Such power and energy represents a portion of the (mtput ot the Denlson Dam hydro-electric station at Lake Texoma MONTHLY RATE Demand Charge A $2 84 per kW of demand (not less then 11,250 kW or more than 15,0OO kW) during t~qe period until the twentieth day of the month folloelng the date the first power generating unlt at the Clarence Cannon Dam Is placed In com- mercial operation in the Integrated system of Southwestern Power Administration $2 89 per kW of demand (not less than 11,250 kW or mere than 15,000 kW) com- menclnq en the fwentlath day of the month folloelng the date the first power generatlng unlt at the Clarence Cannon Dam Is placed In ~ommorclal operation In the integrated system of Southwestern Power Admlnlstratlon Energy Charge $0 004888 per kwh first 100 kwh per kW billing demand $0 006188 per kwh next 340 kwh per kW billing demand $0 008188 per kwh all additional kwh per kW bllllng d~nd SPECIAL CONDITIONS As provided in contract Section No I Sheet No II1'~I 4 TARIFF TEXAS UTILITIES Effective Date FOR November 13, 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision I Page Orl~lnalI 1 of 1 Section Title Tariff Na~e Applicable RATE $PP OTHER Entire System SMALL POWER PROOUCTION APPLICATION Applicable to purchases of energy generated by quslltylng sm~ll pouer production and cogeneratlon 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 o~e meter TYPE OF INTERCONNECTION Single or three phase, 60 Hertz, at the ~ost available prlmary distribution voltage, or at Companyfs option, at standard voltages as described In the Co~panyts Tariff for Electric Service MONTHLY RATE Payable to Company by Producer $10 O0 net Service Charge Payable to Producer by Company 0 08f per kwh plus an a~ount per kwh equal to the appropr late base rate fuel component as set forth In Rider FC SPECIAL CONDITIONS Producer is required as a ~ondltion of eligibility for this rate to execute the Agrae~nt for Smell Pouer Productlon with a term of not less than one year Including specific terms and con- dttlons applicable to this rate Producer Installs, operateee and ms lntalns, at producerts expanse, such devices es requlred and approved by the Company, on the Producer's side of the Point of Delivery, to protect~ synchronlza~ and Isolate Producer's end Cempenyfs equipment and service Producer will all o~ access to such devices by Company for Inspection and ?estlng, and during times of ew~rgency or maintenance o~ Company's Ilnas~ to ensure that protection Is provided Producer will reasonably Ilmlt voltage fluctuatlons end other problems resulting from Producer generation Failure to do so may result In termlnatlon by Company of Interconnectlon with Producer Notwithstanding the above special conditions, Producer Is solely responsible for injury or damage to persons or property, Including Producer's generating and load e~ulpment, occasioned by or In any way resultlng fram Producerfs generation or facilities, or from Interconnected opera- tlons through Company's facllltles Producer pays Company for Interconmactl~fl costs Including the physical facilities necessary to permit Interconnected operations with a qualifying facility Company r~talce o~nership end exc&u- siva control of such physical facilities NOTICE Service hereunder Is subject to the orders of regulatory bodies having Jurisdlctlon and to the provlslo~s of the Company's Tariff for Electric Service Section No I Sheet No III-DI 5 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 15~ 1984 ELECTRIC SERVICE ~evlslon I Page OriginalI 1 of Section Title Tariff Name Applicable RATE TW OTHER Entire System FIRM TRANSMISSION WHEELING SERVICE APPLICATION Applicable to electric utilities for Intrastate wheeling of firm etectrlc power and energy through Companyfs transmission system, In accordance wlth Substantive Rule No 25 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 Compenyfs standard transmission voltages ANNUAL RATE AND PROVISION FOR LOSSES The annual facilities charge end provision for losses is In accordance with Substantive Rule No 25 67 Payment Bill Is due when rendered and Is past due If not paid within 16 days thereafter BIll is Increased 5~ If not paid within 20 days after being rendered PENALTY FOR UNAUTHORIZED USE OF WHEELING SERVICE An amount equal 1O t~lce 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 Co~pany reserves the right 1O 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 Compenyfs obligation to pro- vide service to any of Its other customers, or sufficient cspaclty Is not available on the Company's bulk transmission and related facilities during the period for which wheeling service Is requested All requests for wheeling services will be made In writing at least 90 days In advance of the date on which wheel lng Is proposed 1o begin and well provide Information In sufficient detail to allow evaluation of the transection Alt costs Incurred by ?he Company to perform power flow stud les are paid by the Inquiring utility An aqreement for wheeling service Is requlred This rate Is subject to the orders of regulatory bodies having Jurlsdlctlon and to the provlslons of Company's Tariff for Electric Service Section No ! Sheet No III-D ~ 6 TN~IFF Effective Cate TEXAS UTILITIES FOR November 13 1984 ELECTRICCO~IPANY ELECTRICSERVICE Revlsion r~ Original jlof 2 Section Title Tariff Name Applicable RATE ~P Entire System OTHER WHOLESALE POWER APPLICATION Applicable to electric service provided ?o public utllit~es 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 Mst available primary distribution or transmission volfaqe Where service of the quantity and type required by Cus?cmer is not already available at the location ?o be served, additional charges and cOn?FaCt arranqements may be required prior to its be lnq fur- nished if Customer takes service at transmission voltage Company may at its option meter serv- ice on ?he secondary side of Customerts transformers and adjust for transformer losses in accordance with Company's Tariff for Electric Service NONTHLY RATE Customer Charge $240 00 per point of delivery De~and Charge $ 6 35 per kW of demand $1 00 per kW for each current month kW In excess of the contract kW Energy Charge 0 52~ per kWh all kWh Transmission Service Credl, $1 35 per kW of demand when service is provided a? 69 000 volts or higher Fuel Cost Plus an amoun? for fuel cost calculated ~n 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 OEMAND OETERMINATION Demand for calculation of the monthly bill is ?he larqest of 1) the highest 15-minute kW recorded durlnq ?he current month 2) 80~ of the on-peak kW 50% of the con?FaCt kW 4) §0~ of the hlqhest 15-minute kW recorded at the point of delivery In the 12 month period ended with the current month Section No Sheet No I II-D 6 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY November 13 1984 ELECTRIC SERVICE Revision I Page Original 2 of 2 Section Title Tariff Name Applicable RATE WP Entire System OTHER WHOLESALE POWER DEFINITIONS On-peak kW Is the hlqhest 15-minute kW recorded during the bllllng months of June through September in the t2 month period ended with the current month For · Customer contracting for new servlce~ on-peak kW ls the current ~onth kW until Customer establishes such de.and through on-peak use unless, In Cempanyts sole Judgmentw sufficient data exists for Cempeny ?o estimate on-peak kW until Customer establishes on-pmek history through actual use Contract kW Is the maximum kW specified In the Agreement for Electric Service Current month kW Is the highest !5~lnuta kW recorded during current aonth AGREEMENT An Agreement for Electric Service with a term of not less than three years Is required NOTtCE Service hereunder Is subject to the orders of regulatory bodies having Jurisdiction end to the Company's Tariff for Electric Service Section No I Sheet NO I II-DI 7 TN~IFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY Nay 3 1985 ELECTRIC SERVICE Revision I Page C~lglnal I of Section Title Tariff Name Applicable RIDER PCR OTHER Entire System POWER COST RECOVERY APPLICATION 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 pouer capa- city from qualifying facilities Incurred by the Company in providing electric service The power cost Is billed uniformly to all customers of each of the Companyts major rate classes In propor- tion to the number of kwh used, excluding kwh associated with lnterruptibie load This Is done by determining a power cost recovery factor NE-THOD OF CALCULATION A Power Cost Recovery Factor (PCRF) la calculated monthly for each major rate class The formula for the PCRF is pCRF - ~.P - A) x D where S P - Estimated costs of purchased power capacity fram qualifying facilities pursuant to firm oabaclty contracts that vary from purchased power capacity costs from qualifying facilities utilized to fix base rates D = Demand allocation factor for the major rate class from the Companyts cost allocation study approved In the most recent ~ate Na~or Rate Class Rate Schedules Demand Allocation Factor Residential Service R~ RLL, RTU 0 39609989 General Service GL, G (Including riders) 0 46272303 Transmission Service HV (including riders) 0 03782156 Hunlcipal Service I4P, NSf SL 0 03979821 Wholesale Po~er Service WP 0 06353731 S ~ Estimated kwh sales for the major rate class for the current billing month~ excluding kwh sales associated with Interruptlble load A = AdJustment applied In the current month to correct for the difference between the actual and estimated power coat revenue of the Second preceding month, calculated by the fo~mule A = R - (C-A2) ehere R - Ac?ual revenue received from the application of the pCRF In the second preceding month C Actual recoverable peaer cost for the second preceding month A2 = The adJusllnent iA) applied to the PCRF in the second preceding month The Power Cost Recovery Factor Is calculated to the nearest 0 O001 cent The Po~er Cost to be billed is deten~lned by multiplying applicable kwh by the appropriate PCRF The Po~er Cost Is determined to the nearest whole cent Section No I Sheet No III-DI 8 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY I~rch 5 1986 ELECTRIC SERVICE Revision ~ Page -- Original ~ 1 of 2 Section Title Tariff Name Applicable RATE T~C OTHER Entire System TRANSNISSION ~HEELING SERVlCE-COGENERATION APPLICATION Applicable to qualifying facilities with a rated capacity greeter than one megawatt for Intrastate whee~ing of electric power end energy through Companyts transmission system In accordance with Substantive Rule No 23 66 of the Public Utility Co~mlsslon of Texas Not applicable to any wheeling transactions where Fates~ terms or conditions differing from those requlred hereunder have been contracted by Company and qualifying facility TYPE OF SERVICE Three phase 60 hertz, and at Company's standard trensmlsslon voltages ANNUAL RATE AND PROVISION FOR LOSSES Customer Charge $4~800 O0 Planned Capacity Wheeling Charge $14,71} 44 per megawett of contract capacity As Available Capacity Wheellnq Charge $48 27 per megawatt-mlle of net positive megewatt-mlie change Provision for Losses In accordance with Substantive Rule No 23 66 Payment Bill Is rendered monthly or~ at Company's optlon~ less frequently and w[ll be based on a proration of annual rate however~ bill Is due when rendered end Is past due if not paid wlthln 16 days thereafter Bill Is Increased 3~ if not paid within 20 days after being rendered SPECIAL CONOITIONS planned cepenlty and es available capacity transmission wheeling service may be Interrupted In case of a system or area emergency when the continuance of such service ~ouid contribute to the emergency In eddltlon~ as available capacity transmission wheeling service may be Interrupted when con- tlnuetlon of such service eeuld Impair the ablllty of the Company to provide reliable service to Its firm customers All requests for wheeling servlces hereunder will be mede In ~Itlng end will provide Information In sufficient detail to allow evaluation of the transaction Qualifying facility will pay Interconnection costs Interconnectlon costs are the reasonable costs of connectlon~ swltchlng~ meterlng~ trenemisslon~ dlstrlbutlon~ safety provisions, engi- neering, end edmlnistratlve costs Incurred by the Company directly related to the lnstelletlon of the physical facilities neceesery ?o permit interconnected operatlons with · qualifying facility, to the extent such costs are In excess of the corresponding costs that the Company ~ould have incurred if It had not engaged In Interconnected operatlons~ but Instead generated an equivalent amount of electric energy o~ capeclty from other sources Sec*ion No I Sheet No III-D~ 8 TARIFF Effective Date TEXAS UTILITIES FOR March 5~ 1986 ELECTRIC CONPANY ELECTRIC SERVICE Revision page Original I 2 of 2 Sect Ion 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 end to the provisions of Cc~panyts Tariff for Electric Service Section No Sheet No IV I TARIFF E~fectlve Date TEXAS UTILITIES FOR ELECTRIC COIVPANY November 13~ 1984 ELECTRIC SERVICE Re-~vlslon I Paqe Original I I of Section Title Tariff Name ^ppllcable Service Regulations FOREWORD Entire System These Service Regulatlons govern the supplying and taking of electric service by Customer fro~ Company and supersede and annul all such regulations by whatever term desiqnated which may heretofore have governed the supplying and taking of Company's electric service Such Service Regulations are subject to change from ti n~ to time by Company and regulatory authorities having jurisdiction and are on file at Company's business offices and with various regulatory authorities Sec?Ion No I Sheet No IVJ II TARIFF Effective Date TEXAS UTILITIES FOR November 1~t 1984 ELECTR I C COMPANY ELECTR I C SERV I CE Revision I Page Original 1 of 4 Section Title Tariff Name Applicable Service Regulations TABLE OF CONTENTS Entire Syetee I Sheet No SUBSECTION I DEFINITIONS 01 AGREEMENT FOR ELECTRIC SERVICE 02 APARTMENT HOUSE 03 COMPANY 04 CONDUCTORS CONSIDERED OUTSIDE OF BUILDING 05 CONTRIBUTION IN AID OF CONSTRUCTION 06 CUSTONER 07 CUSTONERIs ELECTRICAL LOAD 08 CUSTO#IERIS ELECTRICAL INSTALLATION 09 DEMAND 10 DISTRIBUTION SYSTEN 11 D~ELL IN~ UNIT 12 ELECTRIC SERVICE 13 ENERGY 14 K I LOWATI' t 5 K I LO'ATT-HOUR 16 LOAD FACTOR 17 RETER 18 METER SOCKET 19 PERMANENT ELECTRIC SERVICE 20 POINT OF DELIVERY 21 PONER 22 POWER FACTOR 23 RACEWAY 24 RATE SCHEOULE 25 SERVICE DROP 26 SERVICE ENTRANCE CONDUCTORS 27 SERVICE ENTRANCE ENCLOSURE 28 SERVICE LATERAL 29 TEIVPORARY ELECTRIC SERVICE 30 WAll' 31 WATT-HOUR SUBSECTION II ELECTRIC SERVICE 2 01 AVAILABILITY OF ELECTRIC SERVICE 2 2 01 01 Co~pany~s Standard Voltages 2 2 01 02 Electric Service fro~ Co~penyts Existing 2 Underground Distribution Systec TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13t 1984 ELECTRIC SERVICE Revision I Page Original 2 of 4 Section Title Tariff Name Applicable Service Regulatlons 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 et 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 Relocatlon 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 ~ 06 SPACE REQUIREMENTS 3 3 07 CUSTOMERIS ELECTRICAL INSTALLATION 3 3 08 INSPECTION AND ARPROVAL OF CUSTONER~S INSTALLATION 3 3 09 STANDARD ELECTRIC SERVICE 3 3 10 NONSTANDARD ELECTRIC SERVICE 3 ~ 11 EXTENSION OF ELECTRIC SERVICE 3 ~ 12 COST OF EXTENSION TO PROVIDE SERVICE 3 3 13 UNJUSTIFIED EXPENDITURE 3 ~ 14 CHARGES FOR PROVIDING TEMPORARY ELECTRIC SERVICE 3 ~ 15 INSTALLATION AND MAINTENANCE OF C(~IPANYtS FACILITIES 3 3~16 PROTECTION OF COMPANYtS FACILITIES ON CUSTOMER'S PREMISES 3 $ 17 ADMITTANCE TO CUSTOMERtS PREMISES 3 3 18 REMOVAL AND RELOCATION OF CONPANYtS FACILITIES 3 3 19 DISMANTLING OF CO~ANY~S FACILITIES 3 3,20 ATTACI'~IENTS TO COMPANY'S FACILITIES 3 Section No Sheet No IV TARIFF Effective Date TEXAS UTILITIES FOR Nove~ber 13 1984 ELECTRIC CONPABY ELECTRIC SERVICE Revision I Page Original I 3 of 4 Section Title Tariff Naive Applicable Service Regulations TABLE OF CONTENTS Entire System Sheet No SUBSECTION IV OBTAINING ELECTRIC SERVICE 40I 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 Companyts 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 COIVI=ANY~S METERS EQUIPMENT OR 5 OTHER PROPERTY § 04 UNAUTHORIZED USE OF ELECTRIC SERVICE 5 SUBSECTION VI CHARGES FOR ELECTRIC SERVICE 6 01 RATE SCHEDULES FOR ELECTRIC SERVICE 6 02 BILLING AND PAYMENT OF ELECTRIC SERVICE 6 02 01 Billing Period 6 02 02 Calculation of Charges 6 02 03 Due Date and Payment 6 02 04 Disputed Bills 6 02 05 Customer Inability to Pay 6 02 06 AdJustment of Bills for Misapplication of Rate Schedules 6 03 METERING ELECTRIC SERVICE 6 04 ADJUSTMENT OF BILLS FOR METER INACCURACY 6 05 ADJUSTMENT OF BILLS FOR INCORRECT METERING 6 06 INPRCPER METERING OF CUSTONERIS INSTALLATION IN MULTI-FAMILY DWELLINGS 6 07 TRANSFER OF ELECTRICAL LOAD BETWEEN POINTS OF DELIVERY BY PRIMARY OR TRANSMISSION VOLTAGE CUSTOMERS Section No ! Sheet No IV~ 11 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13, 1984 ELECTRIC SERVICE Revision Page Original 4 of 4 Section Title Tariff Naae Applicable Servlce Regulations T/~LE OF CONTENTS Entire System Sheet No SUBSECTION VII DISCONTINUANCE OF ELECTRIC SERVICE 7 01 CUSTOMER DISCONTINUES ELECTRIC SERVICE 7 7 02 COMPANY DISCONTINUES ELECTRIC SERVICE 7 SUBSECTION VIII 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 REOUIREMENTS 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 I Sheet No IVI 1 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY November 12 1984 ELECI~IC SERVICE Revision I Page Original I 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 nontranslent use, with rental paid at Intervals of one week or longer Apartment house Includes residential condominiums, whether rented Or ~nar occupied 1 03 CONP^NY - Texas Utilities Electric Company, Its successors end assigns 1 04 CONDUCTORS CONSIDERED OUTSIDE OF BUILDING - Conductors ere considered outslde 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 s building or other structure In · racemay 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 ere for nonstandard electric service or for extensions which are not economically Justified based on sntlclpated revenue fram Customer 1 06 CUSTORER - An Individual, partnership, association, Joint venture, corporation, etc , or governmental agency who Is receiving, who Is an appl Icant for or who Is receiving the benefit of electric service at a specified Iocatlo~ 1 07 CUSTONERt5 ELECTRICAL LOAD - The ~ower and energy of ell motors and othm' electricity- consuming devices on Customer's premises which are operated simultaneously from electric service provided by Company I 08 CUSTONERtS ELECTRICAL iNSTALLATION - All conductors, equipment, or apparatus of any kind on Customerts side of the point of delivery except Company's meterlng equipment, used by Customer In taking electrlc service 1 og DEHAND - The rate st which electric energy la used et any Instant or averaged over any designated period of tl~e 1 10 DISTRIBUTION SYSTEN - Ca,pany~s prlmery and secondary voltage onnductors, trans- formers, swltchgear, connectlon e~closures, pedestals, services, and other associated equipment used to provide electric service I 11 DWELLING UNIT - A rco~ or rooms suitable for occupancy as a residence oonteinlng kitchen and bathroom facilities Section No / Sheet No TARIFF TEXAS UTILITIES Effective Date ELECTRIC COMPANY FOR November 13 1984 ELECTRIC SERVICE Revision I Page Original 2 of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION I Entire System DEFINITIONS 12 ELECTRIC SERVICE - Electric power and energy produced transmitted and distributed and provided or made available by Company at the point of delivery 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 whlch Is 1000 watt-hours 14 KILOWATT - 1000 watt 15 KILOWATT-HOUR - 1000 weft-hours 1 16 LOAD FACTOR - The ratio, usually stated as a percentage of actual kilowatt-hours used during e designated time period to the maximum kilowatts of demand ,lmes the number of hours occurring In the designated time period I 17 METER - A device or devices together with any required auxiliary equipment for measuring electric service 1 lB 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 perlods of less than l~elve months except that construction power is not considered to be per- manent electric service even though provided for a continuous period of tlme in excess of twelve months 1 20 POINT OF DELIVERY - The point where Co~panyts conductors are connected to Customer's I 21 POWER - The rate at which electric energy Is provided for doing work The electrical unl, of power is the watt or kllowa,, which is 1000 watts 1 22 POWER FACTOR - The re, lo of reel power In kilowatts ,o apparent power In kl Ia- vol,amperes for any given load and time generally expressed as a percentage re, ia 1 23 RACEWAY - Tubular or rectangular channel or conduit for containing electrical conduc- tors, which may be exposed buried beneath the surface of the marth~ or encased In a building or structure I 24 RATE SCHEOULE - A statement of the method of determining charqes for electric servlce~ Including the conditions under which such method applies Section No I Sh#t No IV{ { TARIFF Effective Date TEXAS UTILITIES FOR November 12, {984 ELECTRIC COMPANY ELECTRIC SERVICE Revision I P~geOf Original ~ Section Title Tariff Name Applicable Service Regulations SUBSECTION I Entire System DEFINITIONS I 25 SERVICE DROP - Overhead conductors that extend from Company's overhead distribution system to the point of delivery where connectico 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 la made I 27 SERVICE ENTRANCE ENCLOSURE - A connection enclosure used for the purpose of connecting the service lateral to Custoeer~s electrical Installstlon 1 28 SERVICE LATERAL - Conductors, usually underground but sometimes In raceway above 0round, that extend from Companyts distribution system to the point of dellvery from Customerfs electrical Installation to the point of delivery 1 29 TEMP(YAARY ELECTRIC SERVICE - Electric service provided to Customer for a single, con- tlnuous period of time which Is less than t~velve consecutive months except that construct ion power, even though provided for s continuous period of time In excess of twelve months, Is considered to be temporary electric service I 50 WATT - The rate at which electric power Is provided to do work One watt Is the p~er represented by a current having a component of one ampere In phase with end under a pressure of one volt I 51 WATT-HOUR - A unit of work or energy equivalent to the power of one watt operating for Section No I Sheet No IVI 2 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY November 13 1984 ELECTRIC SERVICE Revision Page Original 1 of Section Title Tariff Name Applicable Service Regulatlons SUBSECTION II Entire System ELECTRIC SERVICE 2 01 AVAILABILITY OF ELECTRIC SERVICE Customer requests for electric service of the character and ,ype provided by Company are granted wlthln the Ilmltatlons of the applicable ra,e schedule for elec,rlc serv- Ice, ,he avallablll,y of Company faclll,les, the charac,erlstlcs of Customerts electrical load and ,hess Service Regula, lons 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 no, available at the service Ioca, lon Is other than that which Company usually provides o~ 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 st Company's s,andard voltages In accordance with Company's extension policy, and not all s,andard voltages are available at every Ioca, lon If Cus,omer requests s vol,age which Is non-standard or sot avellable for a specific load or location, such vol,age 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 end voltage of the service available before commlttlng to the purchase of motors o~ other equipment Section No I Sheet No ~ IVI 2 TARIFF Effective Date TEXAS UTILITIES FOR November 1~, 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision I Page Original 2 of 5 Section Title Tariff Na~e Applicable Service Regulations SUBSECTION II Entire System ELECTRIC SERVICE 2 01 02 Electric Service from Compsnyts Existing Underground Distribution SysTem - In certain areas of the Company's distribution system, since subs,an, lei Investments have been mede in underground servlce facllitles end overhead service extenslons Into these areas ere Impractical and would nullify the benefits of pas, Investments, Company re,sins the rlgh, ,o limit electric service ,o Customer fram Companyts existing underground distribution system The phase end vot,age of electric service In areas served from Campanyts underground distribution system my be limited to that which can be provided from existing faclll- ,les 2 02 METHOD OF PROVIDING ELECTRIC SERVICE 2 02 01 Apartment House - Company provides electric servlce through Individual meters for each dwelling unit or ,hrough one meter at each pole, of delivery for any number of dwelling units In the same eper~nent house Where electric service Is provided using Individual metering for each dwelling unit, Customer groups and Identifies ~eters In · manner and at locations suitable ,o Company 2 02 02 Mobile Homes - Company provides etectrlc service through an Individual meter to each space In a mobile home park and Customer groups and Identifies meters In a manner end at e Iocatlo~ suitable to Company 2 02 03 Electric Service Provided Through Facilities Owned by Others - Company has the option ,o provide electric service to a new Customer through electric facilities o~ned by an existing Customer with the consent of the existing Customer In such cases, the metered electrics, usage registered on the existing Customer's meter Is reduced by an appropriate amount to recognize the usage of the new Customer Under ,hls method of servlce ,he new Customer ,he existing Customer and Co~psny complete an agreement setting forth the responsibilities of each party 2 05 OVERHEAD ELECTRIC SERVICE 2 05 01 Standard Service Drop - Company provides, Installs end ma lntalns 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 mast bracket eye bolt, house knob, metal clevis, etc ) to be Installed on Customerts premises at the point of attachment for Compenyts service drop Company may Install bracket on Customer's ~ood structure or building where Customer provides visible support acceptable ,o Company for bracket For structure other than ~od, Customer provides sdeeuete support approved by Company and Ins,ells bracket Section No I Sheet No lYI 2 TARIFF TEXAS UTILITIES Effective Cate FOR ELECTRIC CONPANY November 13. 1984 ELECTRIC SERVICE Revision I Page Original 3 of 5 Section Title Tariff Name Applicable Servlce Regulations SUBSECTION II Entire Syste~ ELECTRIC SERVICE 2 03 OVERHEAD ELECTRIC SERVICE (Continued) 2 03 02 Service Entrance Conductor - Customerts service entrance conductor raceway Is ter- minated on the outside of the building at a point not ~ore than 24 inches fro~ the point of attachment of the service drop The connections between the Customer's serv- Ice entrance conductors and the Companyts service drop conductors are mede by Co~Ipsny Customer's service entrance conductors extend not less than twenty-four inches outside the service head to permit connect ion to the service drop 2 03 03 Connections at Point of Delivery - Company makes connections of C~panyts conductors to Customerts 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 a~unt based on the cost difference between overhead and underground electric service as eatl~ated by Company Cash payments o~ other arrangements satisfactory to Company are ~ade by Customer prior to Companyts beginning construction All underground facilities Included In the cost estimates are provided Installed, owned and ~alntalned by Company Where Company provides electric service underground Company retains the right to limit electric service to such underground, network and/or duet feed radial dlstrlbu- tlon systems Conditions of underground electric service are as follows (a) Location and routing of Companyts 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 ?o Customer's switchgear or service entrance enclosure when such conductors are conductors considered outside of bulldlng as defined herein id) Before the Installation of Company*s underground distribution syste~ Custon~r co~plates rough site gradlng~ establlshe~ flnsl grade along the conductor router and clears area of all obstructions No change Is mede tn the grade along the conductor route oc easement without consent of Company Any change In grade which requires the lowering or raising of electrical conductors o~ associated equipment Is at the expense of Customer Section No Sheet No IV 2 TARIFF TEXAS UTILITIES Effective Oats FOR ELECTRIC COMPANY ELECTRIC SERVICE Novefeber 13~ 1984 Revision I Page Original 4 of 5 Section Title Tariff Name Applicable Service Requlatlons SUBSECTION II Entire System ELECTRIC SERVICE 2 04 01 Service Lateral (al Residential Customer Company furnishes Installs end maintains the service lateral connecting Companyts distribution system to Custon~r~s electrical Installation Where Customer installs o~ plans to Install obstructions (asphalt o~ 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 Cust~r~s elec,rlcal Installation ,o ,he point of delivery which Is located at Company's pole pad~unt transformer o~ connection enclosure located at Companyts ,rahS- 2 04 02 Transformer and [_q~_i~_me~n~ - Company provides installs owns and maintains transformer and equipment Customer provides without cost to Company space off Custo~aer~s praises suitable to Company for the Installation of transformers and other equipment required ?o provide electric service to Customer Customer provides adequate and accessible pad space to allow transformer equipment m lntenance and replacement Required clearance for equipment pads considers any above ground construction o~ portl~ of a building which extends over the pad Passageways adequate to accoa~odate trucks or other necessary lifting and hauling equipment are provided by Customer to allo~ replacement of transformers and other devices 2 04 05 Vault - When a vautt for Company's transformers, seltchgear or other facilities Is required on Customer's promises, and location is acceptable to Company, Custo~mr pro- vldes and installs the vault In accordance with Company specifications If the vault Is located Inside or under Customer,s 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 Custow~r 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 o~tslde the building 2 05 FETER All meters are furnlshed~ Installed and maintained by Company All meter sockets meter enclosures and other meter eflulpment outside the I~lldlng are normally furnished and owned by Companyt end Customer Installs and maintains these facilities Includlng replacement due to overlosd or damage Customer provides space, without cost to Section No Sheet No IV 2 TARIFF Effective Bate TEXAS UTILITIES FOR November 13~ 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision I Page Or l~lnal 5 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION II Entire Syste~ ELECTRIC SERVICE 2 05 METER (Continued) Co~pany~ 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 Companyts Instrument transformers, as required Customer installs Company's meter socket approved meter socket o~ meter enclosure as specified by Company No metering equipment may be by-passed for any reason, without prior approval of Company 2 05 OI Location of Mater - 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 mere then slx feet above the ground For underground electric service, the meter helqht may be reduced to three feet upon Company approval Meters are not Installed (a) In any hazardous location (b) In any place where vlbratlo% 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 throuqh 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 line, or that Is over the edge of any walk altey or drive way which provides access to commercial or industrial property except when permitted by Company Company assists In determining meter locations upon request end 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 expensew relocate any meter In case of a relocation mede necessary due to Inaccesslbllltyw hazardous Ioca- tlon~ 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 equlpment~ Customer may be required to pay the cost to relocate the meterlnq equipment to a location agreeable to Company Under no clrcumstances Is any meter Installation to be meved or relocated except as authorized by Company Section No I Sheet No TARIFF T[XAS UTILITIES Effective Date FOR ~LECTRIC COMPANY November 13. 1984 ELECTRIC SERVICE Revlslon Page Original 1 of Section Title Tariff Name ^ppllcable Service Regulations SUBSECTION ~11 Entire System PROVIDING ELECTRIC SERVICE 30l PROVIDING ELECTRIC SERVICE Cc~pany provides electric service to Customer In accordan(e with the provisions of Ccmpany~s vari~Js rate schedules and these Service Regulations Company may requlre special contractual arrangements which may Include eddltlonel charges prior to Co~pany*s providing electric service If the electric service requested by Customer is not available et the service location is other than that which Company usually provides cr If the service requested is not adequately compen- sated for by the applicable rate schedule (e) When Interruption Is authorized elsewhere In this Tariff for Electric Service Section No Sheet No. IV ~ TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC OONPANY November 13 1984 ELECTRIC SERVICE Revision I 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 Co~pany assumes all responsibility for electric service and facilities up to and Including the point of delivery Customer assumes ell responslblllty for electric service end facilities beyond the point of delivery Company and Customer agree to Idemnlfy end save the other harmless from end against ell clelms~ demands~ or causes of actlon~ of any typa~ whether sounding In tort ~' In contrect~ for costs or expenses for loss demege~ or InJury to persons o~ property In any manner arlslng~ directly or lndlrectly~ from electric service or facilities on their respective sides of the point of delivery except where such claimed Ioss~ damege~ or Injury Is shown to have been solely caused by the nagllgance of the other In no event shall the Company be liable for any consequent Iai damages Company Is not end shall not be liable to Customer for damages occasioned by Interrup- tlons~ lrregulerltles~ or failure to commence electric service caused by or contri- buted to by governmental or municipal action o~ authorlty~ Iltlgetlo% public enemlas~ strlkes~ acts of God~ order of any court or Judge granted In any bone fide adverse legal proceeding or action o~ In any order of any commission or tribunal having Jurlsdlctlon In the premises or any other act or thing reasonably beyond the control of Compeny~ 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 warrentles~ express o~ Imptled~ Including but not limited to warren?lee of merchantability or fitness for a particular purpose 3 04 CUSTOMER COI~PLAINTS Company promptly makes appropriate Investigation of complaint made by Customer In per- son~ by letter or telephone, and advises Customer of results If Customer Is dlssat- la? led with Company report Company advises Customer how complaint may be registered with municipal or state r~gulatory authorities LOCATION OF POINT OF DELIVERY The point of delivery of electric service Is the point where Companyts conductors are connected to Cuetomerte conductors Customerts 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 poln? of delivery I$ subject to payment by Customer based on any added costs to reach the new designated point Section No I Sheet No TARIFF TEXAS UTILITIES Effective Date November 1~t 1984 ELEC1~IC COMPANY ELECTRIC SERVICE Rev{sion I Page OriginalI ~ of 7 Section Title Tariff Name Applicable Servlce Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE ~ 06 SPACE REQUIREMENTS property owned o~ 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 fo~ Installation of Companyls metering facilities ~ 07 CUSTONERtS ELECTRICAL INSTALLATION Customerls electrical Installation for recelvlng electric service Is to be Installed In accordance with Companyts 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 facllltles~ Customer wlll~ at Custemer~s expense~ relocate o~ 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 ondlnence requires Customer to obtain a certlflcate of Inspectlon and acceptance o~ a permit Company does not provide electric service to Customer until Cempeny receives notification of approval of Customerts electrical Installation from the proper authority For Customer's and Company's mutual safety~ Company may decline to provlde electric service to any rust,marls electrical Installation which Company considers hazardous of such character that satisfactory service cannot be §Ivan The providing of electric service by Company does not Indicate that Company has inspected Customerts electrical Installation and pronounced It safe and adequate ~ og 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 dellvery~ with one meter~ at one of Companyfs standard voltages at a frequency of 60 Hertz~ and such voltage and frequency may have a variation Section No [ Sheet No TARIF~ TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY ELEC31~IC SERVICE November 13~ 1984 Revision Page Original 4 of 7 Section Title Tariff Name Applicable 3 10 NONSTANDARD ELECTRIC SERVICE If Customer desires electric service which ls 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 facltl- ties is not economically Justified ia) Residential Extension Company makes extension of standard single phase electric service without charge to permanent single-family residences for a dlstance 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 made The distance Is measured along the route of the new line from an existing source, Including prl- mary~ secondary and service drop to the point of delivery When two o~ more applications for electric service from the same extension are received prior to star?lng construction of the line extension the maximum length of the standard extension provided at no charge Is up to the number of apptlcants 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 $1 75 per foot times the length of the extension In excess of 300 feet plus any addltlonal 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 ~hlch 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 I Shset NO TN~iFF IV TEXAS UTILITIES Effective Date FOR ELECTRIC COHPANY November 13~ 1984 ELECTRIC SERVICE Revision I Page Original 5 of 7 Section Title Tariff Name Applicable Servlce Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 1! 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, end 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 potnt of delivery When t~o 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 · cost of $1 75 per foot times the length of the extension In excess of 500 feet (c) All Other Extensions Company's standard ellouable expenditure formula o~ a specific cos? study for prov[dlng electric service to an Individual Customer Is used to determine If · requested extension of Companyts facilities ?o 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 determined by the following formula (KW x Revenue Requirement of Allowable expenditure = EAR - Allocated Investment per Return Factor EAR - Estimated annual revenue for Customer computed from estimated demand end KWH~ but not Including fue~ adjustment cost and sales taxes KW - Customerts estimated mexlmum summer KW Revenue Requirement of Allocated Investment per KW - Revenue redulre~ent per of Customerts demand based on Companyts average Invest~nent 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 ere FERC accounts 310-312 314-316~ 350-358, 360-362, 364-~67~ 389-399 plus other rate base Items of plant held for future use, CWlP~ cash ~orklng capital~ materials and supplles~ 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 O~ Section No I Sheet No IVJ ~ TN~IFF TEXAS UTILITIES Etfectlve Date FOR ELECTRIC COMPANY ELECTRIC SERVICE November 1~r 1984 Revlslon I Page Original 8 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 11 EXTENSION OF ELECTRIC SERVICE (Continued) (e) Speclflc Cost Study For ell loads served at transmission voltage and at Co~panyrs option for large loads served from Company's overhead distribution system~ a specific cost study for extension of Companyts facliltles to provide electrlc service to an Indivi- dual Customer is p~epared based on cost of service Information as approved In Companyts most recent rata case 5 12 COST OF EXTENSION TO PROVIDE SERVICE The costs of the necessary distribution or ~ransmlsslon facilities to provide electric service to Customer is determined by estimating all necessary expendlturea~ [ncludlng meterlng~ sarvlces~ transformers~ rearrangement of existing Company facllltlea, etc , less salvage ~ 15 UNJUSTIFIED EXPENDITURE In those Instances where the cost of an extension of Companyts facilities Is mere than the allowable expendlture as calculated by the allowable expenditure formula o~ 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 eld of construction, an advance for construc- t Io% a special minimum billing demand or special monthly or annual mlnlmum charges 3 14 CHN~GES FOR PROVIDING TEf4PORARY ELECTRIC SERVICE Customer pays Company pc lot to Companyts providing temporary electric service an amount equal to the estimated cost of Installing and removing the facllltles~ plus the estimated costs of materials to be used which are unsalvageeble after removal of the Installation as set forth In Rate Schedule N (Miscellaneous Service Charges) 3 15 INSTALLATION AND MAINTENANCE OF COMPANY FACILITIES Company owns, Installs~ and maintains all electric lines and equipment co Co~penyfs 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 auxi- liary metering equl~nent~ furnished by Company In conJunction with Cuato~erls elec- trical Installation Company Installs all electric lines and equipment on Companyls side of the point of dellvery In compliance with the National Electrical Safety Code and all appllcable laws and governmental regulations Only personnel authorized by Co~pany are permitted to maker energlze~ or de-energize connections to Company facilities Section No ~ Sh~t No TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC C(~IPANY November ~ 1984 ELECTRIC SERVICE Revision Page Original 7 of 7 Section Title Tariff Name Applicable Service Regulations SUBSECTION III Entire System PROVIDING ELECTRIC SERVICE 3 16 PROTECTION OF CONPANYtS FACILITIES ON CUSTONERtS PRENISES Customer uses ressonable diligence to protect C~mpany facilities on Customer's preml- see and to permit only personnel authorized by Ccmpany or by law to have access to such facilities In the event of loss ofp or damage to, Company facilities on Customer's p~emlses caused by or arising out of carelessness~ neglect or misuse by Customer or unauthorized persons, Company may require Customer to reimburse Co~any for the cost of such loss or damage 3 17 ADNITTANCE TO CUSTOMER'S PREMISES Customer admits to Customerts premises et all reasonable hours personnel author Izmd by Company to Inspect~ Install, remove, or replace Cempany~s property to read Company's meter, and to perform other activities necessary to provide eleotrlc service, Including tree trimming and tree removal where such trees In the o~lnlon of Company constitute s 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 Companyt s option, be sufflclent cause for dlscontlnuaacm of service 3 18 RENOVAL AND RELOCATION OF COMPANY'S FACILITIES Company may re~3ve or relocate Company facilities at Cust~erts request provided Customer pays the cost of removing or relocating such facilities ~ 19 DISNANTLING OF CONPANY~S FACILITIES Company may, upon discontinuation of electric service to Customer~ dismantle end remove all Iln®s~ 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 end equipment In Ileu of removing such faclllties 3 20 ATTACHMENTS TO CONPANYtS FACILITIES Company does not permit any attachments (such as wires, ropes, signs, banners, or radio equipment) to Company fecllltles by others except when authorized In ~cltlng by Company Company may without notice and without liability remove unauthorized attachments to Company facllltles Section No I Sheet No TARIFF IVI 4 TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY ELECTRIC SERVICE November I~t 1984 Revision I Page Original 1 of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION IV Entire Syste~ O~TAINING 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 Co~pany~ a written application to obtain electric service may be required Any Customer ?eking electric service from Company~ tn 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 unde~ 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- tale billing factors based off 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 prosbectlve Customer who uses an alias, trade name business name the name of e retetlve or other person to avoid payment of electric service hilts When there ts s change In responsibility for payment of bills, e 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 (e) Customer's Ins?ella?ion 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 Custaeler 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 (e) Customer who &s located In area which Is multl-certlflcated by the Public Utility Commission end who switches electric service for Customerts electrical load to Compaay from another electric utility end has not provided Company with evidence It has paid the other electric utility for all dlsconnectlofl charges Section No J Sheet No IVI 4 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13, 1984 ELECTRIC SERVICE Revision I 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 ~easons 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 end 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 Electrlc Service these Service Regulations or Company's rate schedule specified in such Agreement for Electric Service Failure of Company to teomlnate 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 remedies 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 othermlse 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 bar- tles theretow but shall be voluntarily assignable by any party only with the wrll-ten consent of the other(s) except that Company may wlthoL Customer ~s ~onsentw assign Section No I Sheet No IVI 4 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY ELECTRIC SERVICE January 1, 1987 Revlslon J Page One 3 of Sectlon Title Tarlff Name Applicable Service Regulations SUBSECTION IV Entlre System O~TAINING ELECTRIC SERVICE 4 02 AGREEMENT FOR ELECTRIC SERVICE (Continued) any servlce agreement to any person or corporation In any lawful way acquiring or operatlng all or any part of Ccxnpanyts facllltles used in supplying electric servlce under such agreement 4 03 SECURITY FOR PAYNENT OF ELECTRIC SERVICE BILLS Company may require a deposit up to a ~axlmum of one-sixth of the estlmated annual electric bill fram Custemer or prospectlv® Custemer who has not establlshed satisfac- tory credit as security for the payment of electrlc service bills o~ other charges The deposlt~ If required for a prospectlve residential Customer or a former reslden- tlal Customer that reappIIes for electrlc service at a new or existing location is $60 O0 or the maximum emount~ whichever Is less Company may require a deposlt up to maximum amount from a residential Customer currently receiving electric service who has more than one occasion during the lest twelve (12) consecutive ~onths of service In which a bill for electric service was pald after becomlng delinquent or If servlce was disconnected for nonpayment If actual billings of residential Customer are at least twice the amount of estimated billings after at least two billing perlods~ Company may raqulre new deposit from Custemer A residential Customer ~ay furnish Company In lieu of a cash deposit, a ~'Itten guarantee saflsfactory to Co. pant If a deposit required for s prospective or current non-resldentlal Customer Is tess than ~exlmum amount~ Company may require an additional deposlt up to ~axlmum a~ount If actual billings are et least twice the amount of the estimated bIlllngs At Company's optlon~ a ~ritten guarantee surety bond or other form of security may be provided by non-residential Customer In lieu of a cash deposit Company pays or credlts~ annually to Customer interest off deposlts et a rate of 6 00~ per annum Interest Is credlted against current bllllng of Customer or pald In cash If requested~ at least once during a twelve n~nth period The deposlt plus any unpaid Interest, less any amount due Company by Customer Is pald to Customer as soon as practical after dlscontlnuance of service C~npany makes a reasonable effort to return the deposit ho~ever~ no Interest accrues on a deposlt or portlon of a deposit unclaimed by Customer after final discontinuance of servlce Deposits ere held by Company for a perlod of not ~ore then twelve ~onths on reslden- rial rate accounts and not ~ore than twenty-four ~onths on nonresidential rate accounts (except on dlscontlnuance of service on Customer request)~ provided service has not been dlsconnected for nonpayment of bill end there have been no ~ore than two occasions in which bill was delinquent, end when Customer Is not delinquent In the payment of current bills When a Customer has established such satlsfacto~y credit record~ the deposit is applied to Customerts account or refunded, with applicable interest or Company voids and returns to guarantor all ~r1?ten guarantees delivered to Compsny~ as approprlete Company may retain deposit of Customer being billed on Co~panyts average payment plan for duration of such plan Section No I Sheet NO IVI 5 TEXAS UTILITIES Effective Date FOR ELECTRIC COFPANY ELECTRIC SERVICE November 13t 1984 Revision I Page Orlglnel I of Section Title Tariff Name Agpllcable Service Regulstlons SUBSECTION V Entlre System USE O~ ELECTRIC SERVICE 5 01 LIMITATIONS ON U~E OF ELECTRIC SERVICE 50I O1 Resale of Company*s Electric Servlce - Customer may not use electric service provided by C~apany except for the purposes speclfled In the rate schedule under which Custonmr receives electric service Custer may not resell or otherwise dispose of electric service unless as provided by statute or ss specifically provided for In the rate schedule or Agreement for Electrlc Service 5 01 02 Intrastate Electrlc Servlce Llmltatlons - Company does not provide electric service to Customer where any part of Customer's electrical Installatlon Is located outside the State of Texas or Is cconected directly or indirectly to any other electrlc lines, all or pert of which are located outside the State of Texas 50l 02 Parallel Oporatlon - Customer may not connect his lines to another source of electric energy in a manner that may permit electric energy to fl o~ Info Co~lpany~s system fro~ such source without written sgreeaent with Company 50l 04 Extension of Customer's Wlrln~ - Customer may not extend Custo~erls Installation across or under · public street or alley, or other lands not caned or leased by Customer without the written consent of Company 5 02 CUSTONER~S ELEC~ICAL LOAD 5 02 O1 Load Balance - Company requlres Customer to control the use of electrlc energy so that Customer's electrical load at the point of del Ivery Is In reasonable balance 5 02 02 Allowable Notor Starting - Company pe~mlts across-the-I Ina starting of electric metors where Company determlnes that Its facilities are adequate and the frequency of starts are such that other Customerfs service wlll not be adversely affected t~nen Coapany determines that the Dilatation of electric motors ulth 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 devlces are to be of a type approved by Company and are to be provldeq and Installed by Customer 5 02 03 Intermlttent Electrical Loads - Electric service to equllxnent such as spot and arc welding eachlmas, X-ray mechlnes~ arc-furneces~ elevators, dredges~ locomotives, sho- vels~ feed grinders, eec ~ whose use of electricity Is Inten~lttent end subject to violent fluctuations Is provldeq to such equipment as a pert of Customerls 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 prlor arrangements with Company Section No I Sheet No IVI 5 TARIFF Effective Date TEXAS UTILITIES FOR November 13 1984 ELECTRIO CONPANY ELECTRIC SERVICE Revision I Page Original 2 of Section Title Tariff Name Applicable Service Regulations SUBSECTION V Entice System USE OF ELECTRIC SERVICE 5 02 CUSTO~4ER~S ELECTRICAL LOAD (Continued) 5 02 03 (Continued) Where Intermittent electrical loads or Icad control devices are a part of Customerts installation, Cempany may determine Customerts bllllnq demand on the basis of a time Interval which Is shorter than that speclfled In Company's rate schedu[e under which Customer Is receiving electric service 5 02 04 Equipment Necessary to Limit Adverse Effect - Company may require Customer to provide at Customerts expense suitable apparatus to limit the effect of vottaqe fluctuations caused by electric equipment in Customerts 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 Custemer~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 plannlnq the Installation of electric equipment such as cemputers communication equipment electronic control devices, etc , whose performances may be adversely affected by voltage fluctuations and distorted 60 hertz wave forms are responsible for provldlng and installing the necessary facilities to limit these adverse effects 5 02 06 Chan~e In Customer's Electrical Load - Customer notlfles Company when Customer's electrical Icad is to be changed substantially In order that Company may ensure Its facilities are adequate In the event Customer adds electrical Icad at Custemer~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 facilities resulting from the use of electric service In excess of such maximum 5 02 07 Power Factor - If the power factor of Customer's Icad is less than 90~ lagging Company may require Customer to Install appropriate equipment to maintain a power fac- for of not less than 90% lagging or at Company's option to reimburse Cc~pany for installing the necessary equipment Section No Sheet No IV 5 TARIFF Effective Date TEXAS UTILITIES FOR November 13~ 1984 ELECTRIC COf4°ANY ELECTRIC SERVICE Revision Page Original 3 of 3 Section Title Tariff Name Applicable Service Regulations SUBSECTION V Entire System USE OF ELECTRIC SERVICE 5 03 TN4PERING WITH CONPANY~S NETERS, EQUIPt4ENT ~R OTHER I:ROPERTY No Company meters~ equlpmen* ~ other prop~ty ~he?her on Cust~er~s praises els~hece, ere ?o ~ tampered with ~ Interefered with for any r~son ~pany Is not liable for InJury to Custer Custmerfs ~ployees ~ others resulting fr~ tampering ~[th or att~ptlng ?o repair ~ ~lntaln any of C~pany~s facllltles~ and Cus~r agrees ?o Ind~nlfy and hold C~pany harmless 5 04 UNAU~IZEO USE OF ELEC~IC SERVICE In ~he event of use ~ evidence of att~pted use of ~pafly~s electric service ~lth~t Company's authorlzatl~, ~hether by tampering ~Ith ~pany~s ~t~ ~ ~ulp- men? ~ ~ any other ~ans~ electric service ~y ~ discontinued ~ C~pany pays the charge fo~ restoring service as provided tn C~pany~s ~afe sch~ules under ~hlch Custer r~elves electric s~vlce and Cusf~er ~y ~ required chaFges~ including the follo~lng~ before service Is resu~d ia) The che~ge f~ the ~?l~ated a~un? of elec?clclty used without ~any authori- zation ~lch ~y ~ estimated ~sed ~ a~unts used under similar ~ndltlons during preceding years ~ere no previous usage history exists ~ is ~nsldered unrellable~ consumption ~y be estimated on the basis of usage levels of similar cust~rs and under similar conditions (b)The ~s? of replacement ~ repal~ of any da~ged ~eF ~ associa?~ and (c) The cost of Installing protectlve facilities ~ of rel~etlon of ~ter~ If det~- mined necessary ~ ~pany If electric service is restored ~ other than auth~lzed C~pany personal after ~[ng discontinued by ~pany~ ~pany may discontinue electric service and dls~ntle and ~ve all Ilnes~ equipment, apparatus ~ oth~ facilities which ~pany Installed pFovlde electric service ?o Custer C~pany ~y~ ho~ever~ abandon In place~ ~hole or In par?~ its underground lines and ~ulp~n? In lieu of r~vlng such facili- ties If I? Is sh~n to the satisfaction of ~peny that Custer ~ applicant for servlce had no c~nectlon ~lth ~ ~ledge of unauth~ized use~ electric s~vlce after the c~ltlm causing ~ permitting the unauthorlz~ use of elastic service corrected ~peny ~y charge Custer for ~e estl~ted ~unt of unauthorized electric s~vlce us~ Section No I Sheet No IV I 6 TAEiFF TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY November 13 1984 ELECTRIC SERVICE Revision I Page Original 1 of 5 Section Title Tariff Name Applicable Service Regulations SUBSECTION VI Entire System CHARGES FOR ELECTRIC SERVICE 60I RATE SCHEDULES FOR ELECTRIC SERVICE Company has available at each of Its business offices various rate schedules electric seFvice~ and provides Customer et Customer's request and at no cost copy of Kate schedule under which Customer is billed Company provides additional o~ n~ltlple copies of lis rate schedules~ oK any portion of Its tariffs at reproduction costs Customer Is solely responsible for selecting the applicable Kate schedule ~ost favorable to Customer Company at Customer's Fequest~ will assist in selecting the Kate schedule best adap?ed to existing o~ anticipated electric service requirements es defined by Customer but Customer Is solely responsible for the choice between two c~ more appli- cable Kate schedules Customer having selected a cate schedule may not change to another cate schedule during the contract term without Company's consent Where a written Agreement loc Electric Service Is in effect between Company and Customer and Customer elects to change to another Kate schedule which is applicable to Customerts class of seFvlce the billing continues under the rate schedule In effect until the A§Feement for Electric Service off the new rate schedule has been properly executed by both Customer and Company Company may not kno~ of changes that occur In Customer's operating conditions there- fore~ Company does not assume responslblllty that Customer receives electric service under the most favorable rate schedule When Customer selects a Fete schedule~ Company is not required to n~ke any refunds covering the difference between the charges under the rate schedule In effect and those under any other rate schedule which ~ould be applicable to the same secvlce 6 02 BILLING AND PAYMENT OF ELECTRIC SERVICE 6 02 01 BIIIln~ Period - Company meters are reed 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 wlth reasonable diligence to read a meter for 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 lees? every slx months Section No I Sheet No T~R IFF IVI 6 TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY ELECTRIC SERVICE November ~. lqR4 Revl s Ion Page Original 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 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 servlce and If Customer takes service at primary distribution or transmission voltage Company may at its option meter service on the secondary side of Customerts transformers and adjust kwh and/or kw as sho~n below unless Indicated otherwise In the applicable rate sched- ule or In the Agreement for Electric Service Primary Distribution Voltage Billing Based on kW Billing Based Transmission Under 50 kw 50 kw and Over on kwh Voltage 2 05 added to 1 05 added to 2 05 added to 0 85 added to measured kwh measured kw measured kwh measured kw end 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 unbeld 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 fells on holiday o~ weekend~ due date for payment purposes Is next work day after due date A late payment charge when appllceble Is calculated according to the rate schedule under which Customer receives electric service and Is shomn 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 applled current bill Charges for services related to Customer energy aud Its performed by Company at Customer's request may be Included with Customer's electric service bill Company malls the bill for electric service to Customer at the address at which serv- Ice Is received or such other address as designated by Customer Co~pany mey~ at Its optlon~ use other methods for delivery of bills Bills are to be paid at or ma lied to an office or authorized payment agency of Company Payment at Company's auth~lzed payment agency Is considered payment to Company Partial payments and payments of past due bills are ?o 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 T~RIFF IV 6 TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY ELECTRIC SERVICE November 13~ 1984 Revision I Page Original 3 of 5 Section Title Tarlff N,~me Applicable Service Regulations SUBSECTION VI Entire System CHARGES FOR ELECTRIC SERVICE 6 02 BILLING AND PAYMENT OF ELECTRIC SERVICE (Continued) 6 02 04 Dlsputmd Bills - In the event of dispute between Company and Custcmer as to amount of bill, Customer pays by due date undisputed portion of bill and any of the disputed portion whlch does not exceed Customer's average monthly usage for preceding t~elve month period based upon current rate schedules Remalnlng portion of bill Is due and payable sixty (60) days after issuance or upon completion of dispute If sooner A dispute Is completed upon notlflcatton by Company to Customer of the results of Companyts (nvestlgatlon~ 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 O~ Customer Inability to Pay -Ccmpeny 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 ~welve months Company offers upon request Installment payment agreement to residential Customer residing In Individually metered dwelling unit and delinquent tn payment of bill for electric service when Customer establishes that discontinuance of service will result In some person resldlng 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 shsll 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- riding 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 Nlsappllcstlon of Rate Schedules - In the event of an under- blll(ng by Company for electric service due ~o a misapplication of a rate schedule or If Company falls to properly bill Customer~ Company determines the correct charges for electric service and bills Customer for such underbllllng for a period not to exceed slx ~onths prlor to the current bill unless Company can produce records and Justify such underbllllnq for a longer perlod In the event of an overbllllng by Company~ Cempeny determines the correct charges and refunds to Customer the amount of any such overbllllng 6 03 METERING ELECTRIC SERVICE Company tests end maintains the accuracy of its m~ters and the readings of Companyts meter ere conclusive es to the quantity of electric power and energy taken by Customer unless~ upon test, the meter is found to be In error by more than the limits set forth by the American National Standards Institute Section No I Sheet No TARIFF IVI 6 TEXAS UTILITIES Effective Date FOR ELECTRIC OOMP^NY ELECTRIC SERVICE November 13~ 1984 Revision I Page Original 4 of 5 Section Title Tariff Name I Appllcable Service Regulations SUBSECTION VI Entire System CHARGES FOR ELECTRIC SERVICE 6 03 METERING ELECTRIC SERVICE (Continued) Customer may request and witness · test of Company's meter without charge to Customer, during Companyts normal working hours at a time convenient to Customer to check the accuracy of the mater The test Is made preferably on Custofaerts premises, but may be made, at Co~pany~s option, at the Company's meter test laboratory Company may require Customer to pay the cost of such test If the mater has been previously tested at Customer's request ulthln the past four years and Is found to be within accuracy limits specified by the American Natlonal Standards Institute but this charge Is In no event mere than $15 O0 for a residential Customer 6 04 ADJUS~IENT OF BILLS FOR METER INACCURACY If the results of a mater test show the mater to be outside the accuracy Ilmlts as speclfleq 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 Utlllty Commission of Texas, or, if there Is no such rule the applicable statute of limitations 8 05 ADJUSTMENT OF BILLS FOR INCORRECT METERING If the mater Is found not to register for any period unless bypassed or tempered wlth, Company may charge Customer for the estimated amount of electrlclty 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 apptlcable statute of limita- tions based on precedlng or subsequent periods of known accurate measurement If a mater is found to have an Incorrect register connection multiplier or constant, Company will refund to Customer any overcharge and may bill Customer any undercharge foe the perlod of time the meter was used In billing Customer, not to exceed the period permitted by the applicable rule of the Public Utility Co~m~lsslon of Texas, or, If there Is no such rule, the applicable statute of Ilmltatlons 6 06 IMPROPER METERING O~ CUSTONERtS INSTALLATION IN NGLTI-F^MILY DWELLINGS Where Company provides electric service through Indlvldual meters for each Ilvlng unlt In multi-family dwellings, o~ner of each Indlvldually metered living unit Is respon- sible for proper connection of Customer's Installation to Company's mater socket, Including correct ldentlflcation end labeling of Company's mater socket to designate Ilvlng unit being metered Company requires omner to correct any Improper connection or Identification and, when responslble~ reimburse Company for any monetary losses Company may suffer due ?o adJustments In Customer billing for such connectlom and Identlflcatlon errors Sec?ion No J Sheet No TARIFF IV I6 TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY ELECTRIC SERVICE November 3t 1984 Revision Page O~lglnal 5 of Section Title Tariff Name Applicable Service Regulations SUBSECTION VI Entire System CHARGES FOR ELECTRIC SERVICE 6 07 TEANSFER 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 be?ween points of delivery of a primary oF transmission voltage Customer and after receipt of proof of the number of kw transferred Company will adjust the billlnq of the affected points of delivery to ensure that kw demand charqes for ?he 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 ac?ual de~and has exceeded the contr8ct kw due to load transfer Section No I Sheet No IVI 7 TN~IFF TEXAS UTILITIES Effective Date FOR ELECTRIC CONPANY ELECTRIC SERVICE November 13t 1984 Revision I Page Original I of 3 Section Title Tariff Name Applicable SUBSECTION VII Service Regulations DISCONTINUANCE OF Entire System ELECTRIC SERVICE 7 01 CUSTOMER DISCONTINUES ELECTRIC SERVICE 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 reapplles for end Company agrees to provide electric service Company charges a disconnection fee to Customer who Is located In s multi-certificated area and who Is receiving permanent electric service for Customer's electrical load end 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 servlce 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 bills or failure to comply wlth terms of s deferred payment agreement or average payment plan (b) Failure of Customer to make application for service (c) Failure of Custo~er~ on request to provide Company wlth s required deposit or other security id) 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 ia) Refusal by Customer to provide Company reasonable access to Its equipment on Customer's premises if) Failure by Customer to conform to the provlslons of these Service Regulations~ the rate under which Customer ls receiving electric service or Agreement for Electric Service (g) Violation or noncompliance with any applicable Federal, state, municipal or other local laws, rules or r®gulatlons Section No I Sheet No IV[ 7 TARIFF TEXAS UTILITIES Effective Date FOR ELECTRIC COMPANY November 13 1984 ELECTRIC SERVICE Revision I Page Original 2 of 3 Section Title Tariff Name Applicable SUBSECTION VII Service Regulatlons DISCONTINUANCE OF Entire System ELECTRIC SERVICE 7 02 COMPANY DISCONTINUES ELECTRIC SERVICE (Continued) (h) Use by Customer of electric service In such manner as to Jeopardize electric service to Customer o~ others (I) Unauthorized use of electric service by Customer (J) Tamperlnq with Company's ~eter o~ other property (k) Failure by Customer to pay an estimated bill rendered by Company when me?er Is not read due to circumstances beyond control of Company (I) Failure by Customer to pay a bill resulting from an underbllllnq due to faFlure to properly bill Customer or misapplication of rate schedules less than slx months prior to the current bill When Customer has signed a written guarantee for another Customer and refuses to pay guaranteed smount~ 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 Custoaer to pay a bill or enter Into a deferred payment aqreement within twenty-three (23) days from the date a bill Is Issued and If proper notice has been qlven Proper notice shall consist of a mailing or hand delivery at least seven (7) days prior to s stated date of dlsconnection~ with the words "termination notloe" or slmllar language prominently displayed on notloe Information Included In notlme Is provided In English and Spanish as necessary to adequately inform Customer If me lled~ cut-off day does not fall on holiday or weekend, but on next worklnq day after seventh day Company dlscontlnues electric metrics for nonpayment of bills only during regular business hours Company holding a Customer deposit or other security does not prevent dlscon- tlnuance of electric servlce by Co. party (p) Failure by Customer to co~ply with Installment payment agreement negotiated as result of seriously 111 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 customerts electrical Installation (r) Where mervlce Is connected or reconnected without authority of Company Section No I Sheet No ~VI 7 TARIFF TEXAS UTILITIES Effective Date FOR November 13 1984 ELECTRIC CO~ANY ELECTRIC SERVICE Revision [ Page Original 3 of 3 Section Title Tariff Naae Applicable SLJ6SECTION VII Service Regulations DISCONTINUANCE OF Entire Syste~ ELECTRIC SERVICE 7 02 COMPANY DISCONTINUES ELECTRIC SERVICE (Co~tlnued) Company has the right to operate any Custo~er-o~ned disconnect switches and lock these switches In the "off" position as necessary to discontinue electric service to Customer When Co~pany dlscon,lnues aisc,tlc service to Cus,omer for failure In the performance of Customer under the provisions of these Service Regulatlons, ,he ra,e schedule under which Customer is rscelvlng electric service, or ,he Agreement for Electric Service, then before Company restores electric service Customer mus, ~orrec, to the sa,lsfac- ,ion of Company all defaults which caused electric service to be discon, lnued and pay the additional charge for restoring electric service as provided In Co~panyts rate schedules When Company dlscon,lnues electrlc service to Customer Customer's obligation spe- cified In these Service Regula, lons, the ra,e schedule under which Cus,o~er was receiving electric service or ,he ^greemen, for Electric Servlce~ is not lessened or changed, nor Is ,he a~ount of money due and payable ,o Company affected tn any manner Failure of Company ,o dlscontlnue electric service et any ,Ime after default or breach of these Service Regulations ,he rate schedule under which Customer is receiving electric servlca, or ,he Agreement for Electric Service or ,o resor, ,o any legal remedy or Its exercise of any one or ~ore of such re~edles does not affect C~peny~s right ,o resort thereafter to any one or ~or® of such remedies for the sa~e or any default o~ breach by Custer Section No I Sheet No TN~IFF TEXAS UTILITIES Effective Date FOR ELECTRIC COI4P^NY November 13. 1984 ELECTRIC SERVICE Revision I Page Original 1 of 4 Section Title Tariff Name Applicable SUBSECTION Service Regulations INTERCONNECTION WITH SMALL Entire System POWER PROBUCTION 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 e~ergy to flow into Company*s system These terms and conditions for Interconnectlon are the minimum requirements for safe and effective operation of small electric power production facilities interconnected and operated In parallel with Companyts 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 generat public or to Company equlp- ment or personnel Small power producer Is required to make written request to interconnect his genera- tion facllltles with Company's electric system Small power producer must meet all Company requirements for interconnectlon and metering and submit detailed electrical diagram of his generatlco facilities, including specifications and pertinent data of such equipment and Its protective features for Company review prior to comp?etlon of purchase aqreament by Company Companyts review is not construed as confirming or endorsing the design or as any warranty or representation of safety durability or rellablllty of the facility or equipment Small power producer Installs owns operates, and maintains all necessary Intercon- nec?Ion facilities Including control and protective devlces on small power producer's side of point of Interconnectlon with Company as determined by Company to be suitable for parallel operation of generation facilities wlth Company's system Point of Intecconnectlon 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 Companyts system do not damage smell power producer's equipment 8 02 COST OF INTERCONNECTION Small power producer pays Company for Interconnectlon cost Interconnectlon cost means the reasonable costs of connectlo% ewltchlng~ metering transmission, distribu- tion safety provlslons, engineering and administrative costs Incurred by Company directly related to the Installation of physical fecilltles necessary to permit inter- connected operations with small power producer to the extent such costs are In excess of correspondlng costs Company would have Incurred If It had not engaged In Intercon- nected operatlons~ but Instead generated mn equivalent amount of electric energy Section No I Sheet No IVI 8 T~RIFF Effective Date TEXAS UTILITIES FOR November 13~ 1984 ELECTRIC COMPANY ELECTRIC SERVICE Revision I Page Or l~lnal[ 2 of 4 Section Title Tariff Name Applicable SUBSECTION VIII Service Regulations I NTERCONNECTION WITH SMALL Entire System POWER PROOUCTION FACILITIES 8 02 COST OF INTERCONNECTION (Continued) Itself cr purchased an equivalent amount of electric energy or capacity from other sources Company retains complete ownership and control of such equl~nent and Company does not reimburse sma II power producer for any of such costs upon termination of 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 energlzatlon and start up testing Small power producer notifies Company in writing at least twenty-four hours before Initial energizetlon and start up testing of small power producer's generating facll- Itles and Company reserves the right to Inspect such facilities and witness testing Company reserves the right to Inspect s~alt 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 Smell power producer notifies Company and obtains approval of Company prior to any modlficatlon of smelt po~ar producer's {nstallatlon 8 04 ELECTRICAL DESIGN R~QUIRENENTS Smell power producer's Installation must ~eet all eqpllcable national state and local construction and safety codes Smell 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 ail three phases Single phase units must be no larger than 25 kilowatts Small power producer must not use s synchronous generator operating In parallel with Company,s system Company specifies interconnect[on voltage producer ~s generator from Compsmyts system In event of power outage or Interruption of Company,s system Sec, Ion No I Sheet No IVI 8 TARIFF TEXAS UTILITIES Effective Da,e FOR ELECTRIC COMPANY November 13~ 1984 ELECTRIC SERVICE Revision Paqe 0rlglnal 3 of section Title Tariff Name Applicable SUBSECTION VIII Service Regulations INTERCONNECTION WITH SMALL Entire Sy$,em POWER PRODUCTION FACILITIES 8 04 ELECTRICAL DESIGN REQUIREMENTS (Continued) Small power producers generating facility mus, no, have the capabll ltv nor be per- mit,ed ?o energize a de-energized circuit of Company Small power producer furnishes and Ins,ells manually oporabte load break Isolatlnq awl,ch wl,h visible break~ accessible ,o Company personnel and capable of being locked In open position Small power producer's genera, ion facilities must be Isola,ed from Company's distribu- tion system by a power transformer unless otherwise aqreed Ne?hod of transformer connec, lon Is specified by Company If small power producer is also an aisc,tlc service Customer of Company~ Company provides distribution ,ransformer(s)~ service and other fecltltles wl,h sufficient capacity to serve Customer's normal load without generation if such transformer(s) Is deemed ?o be unaccep,able to Company to serve both small power producer's load and generation then small power producer pays Company for excess tnves?men, cos,s of Installing a larger or separa,e ,rensformer(s) Company reserves ,he rlgh, to require small power producer~ at his expense to provide corrections or additions ?o exls, lng con,roi and pro,ac, lye equlpmen, required to pro- tect Company's system in event of modification of government o~ Industry regulations and standards 8 05 METERING Co~lpany furnlshes~ Installs~ maintains and owns necessary meter(s) to record energy purchases in meter sockets or o, her related metering equipment furnished and Ins,ailed by small po~er producer Company reserves ,he right to Ins,all~ at Its expense~ any addltlonal metering o~ recording instruments in s~ll power producer's genera, Ion facilities for collection of test and operating date Small power producer has ~he right to request an Indepanden, meter ,est of necessary meter(s) to record energy purchases If meter(s) Is found to be wlthln the accuracy standards es,abllshed by the ^merlcan Na, lonel Standards Instltu,e~ Incorpora,ed such ,es, Is at expense of small power producer otherwise test is a, expense of Company 8 06 OPERATING REQUIREMENTS Small power producer m~ln,alns his power factor within reasonable range For small genera,ors~ power factor correctlon~ at Company~s optlo% may not be necessary Smell power producer assumes full responsibility for routine maintenance of his genera- ?oF, control and pro,er?lye equlpmen, and the keeping of records fo~ such maln,enance whlch shell be available to Company for Inspection at all reasonable ,lmes Section No I Sheet No IVI B TARIFF TEXAS UTILITIES Effective Date FOR November 13r 1984 ELECTRIC CONPANY ELECTRIC SERVICE Revision I Page OriginalI 4 of 4 Sectlon Title Tarlff Name Applicable SUBSECTION VIII Service Reguletlons INTERCONNECTION WITH St4ALL Entire System POWER PROOUCTION FACILITIES 8 06 OPERATING REQUIREHENTS (Continued) Small p~er produce~ promptly notifies Company of any emergency o~ hazardous condition or occurrence which In any way affects or could affect safe operation of Company's system In Interconnectlon with small power producerls facllltles Parallel operation of small power producerls generation facility must not cause any reduction In quality of service belng provided to Company's Customers, with no abnor- mal voltage, frequency, harmon lc distortion or other service impair lng 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 p~oblems are et expense of small p~wer producer Small power producer discontinues parallel operation when requested by Company for any of the following reasons ia) To facilitate maintenance or repair of Company's facllltles (b) System emergency (c) Inspection of small power producerfs generating and protective equlpment reveals a hazardous condition, · lack of maintenance or a lack of maintenance records id) Small power producer's generating facllltl®s are operating in a hazardous manner or operating such that they are Interfering with Companyts Customers o~ with operation of Company's system While an effort is made to provide notice, Company reserves the right to dlsconnect small power producer without prior notice for any of the reasons stated above 8 07 LIABILITY Small power producer Idemnlfles and holds Company harmless for all de~ages and Injuries to Company or others arising out of smell power producer's use ownership, or operation of bls small po~er productloc facllltles Including but in no way limited to damages or Injuries caused In whole or In part by negligence of small po~er pro- ducer or others Small power producer iS solely responsible for providing adequate protection for his generation facilities operating In parallel wlth Compenyms system and holds Company harmless from any liability for damages or inJury ~o small po~er 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 " Secflon No Shee+ No IV 9 TN~IFF TEXAS UTILITIES EffecHve Dele FOR ELECTRIC C(t4P^NY November 13 1984 ELECTRIC SERVICE Revision I Page OriginalI 1 of Secklon TI+la Tariff Name ~opllceble Service Regulations SUI~SECTION Ix Enflre Sys+e~ SERVICE AGREEMENTS RATE N]NINISTRRTION INDEX Page General Co~mants I Nature of Electric Industry il Components of Cost of Service 2 [11 Characteristics of Electric Custonmrs Iv Objectives of Rate-Raking 4 v Rate Design 4 vi Definitions Summary of Available Rates I General 7 II Residential Rates 9 III General Service Rates 10 Iv Municipal Service Rates v Other Rates and Riders 14 Rate Application I Rate Select Ion 16 I[ Rate Provisions 16 III Determination of Billing Demand 17 Iv Billing Procedure 20 v Rules for Decimals 20 vi Bill Proration 21 vli Rate Equations 24 Metering Equlpmact 27 Agreemsnts for Electric Service I Conditions when Agreements are Required 28 11 Standard Voltages for Electric Service 29 III Contract Minimums Iv Contract Administration Extension Policy (10-84) A GENERAL CONMENTS The purpose of these comments Is to present a brief Introduction of re?es in the electric Industry and to give en explanation of the principles end terms used in making and talking about rates Nature of the Electric Industry Since electric energy cannot be stored In any meenlnqfut quantity~ facilities must be constructed so that It can be used whenever customers went to use it in whatever quenttty desired The amount of power requested by a customer In a specific time frame is referred to as de. and De.and ts 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 the? equipment necessary for the conversion to and delivery of electric energy Is capable at all times of delivering the peak de. and of customers This means that large amounts of capital must be Invested In equlpffient which o~erates et full capacity only part of the time Investment for generation transmission end distribution facilities Is about $4 O0 In plant for each $1 O0 of revenue fro~ electric energy sales This compares to an lnvesl~ent of about $0 75 for each $1 O0 of revenue for the ~nufacturlng Industry as a whole Genera I C~mmnt's (10-84) II Components of Cost of Service Two major types of costs are Incurred in supplying electrlc 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 malntenence expen- ses required to keep the plant In good order Other fixed costs ere ~etor reading, billing, bookkeeping, and general administration expenses Variable Costs consist of fuel cost, some associated operating expenses, and so~e 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 deqree the variable cost component For purposes of rate-making, th ls logic leeds to the grouping into classes of those customers having similar characteristics Such classes generally Include residential, commercial and Industrial, large Industrial, resale or wholesale, end certeln governmental or municipal type classes -2- General Comments (10-84) Characteristics of Electrical Customers There Is a substantial variation in the quantity of electric energy (kWh) and ~n the demand (kW) required by the various classes of customers ^ few examples are as follows Single family residential dwelllnqs use between 9 000 and 12~000 kwh per year oe average - Stores service stations churches, schools small ~nufacturing and others in the commercial and Industrial groups use about slx to ten times as many kwh per year on average than does the residential group - Large coca. trial and industrial customers use even more kwh per year The kW de.and also varies widely between customer classes Nost hc~es require less than 10 kW smmll commercial and Industrial customers range fro~ less than 10 kW demand to 100 kW or ~ore and large co~alerclal and industrial custc~ers while generally below 10 000 kW co~only go up to 40 000 kW or mrs 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 quantlty of energy (kWh) used t4ost homes have an annual load factor near 30~ s~ll 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 approach lng 100~ (10-84) Iv Objectives of Rste-t4akln~ activities v Rate Design other class rates ~hlch ere designed for specific groups of customers who have dlstlngulshlng load characteristics -4- (10-84) vi Definitions Abbreviations Coms~nly Used kW = KIIowstt kwh = Kllowett-hour kVA = Kilovolt-ampere PF = Power Factor LF = Load Factor Hp = Horsepower A/C = Air Conditioning Terms Used In Rate Application and Billing Customer Charge Is Intended to recover those expenses Incurred by the Company In pro- riding electric service which do not have any relationship to the quantity of service used Neter rmadlng bllllng mailing accounting meter and service drop Investment costs are examples of fixed expenses which are incurred reqardless of how much use a customer makes of electric service Demand Is the average rate st which electricity Is supplied during a specified con- tinuous Interval of time TUEC measures da~and~ expressed In kilowatts, In s 15-minute Interval for billing The Company provides the facilities to serve a CUStOffier~s maximum demand, even though Yh|s n~xlmum usa 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 generatlon~ transmisslon~ and distribution facllltles t~nat 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-hoers For Instance~ s 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 s dsy~ a month and a year Load factor Is generally expressed as a percent Expressed as a formsle~ (kWh In period) x 100 Load Facto~ (~) =~ (max kW in period) x (hours In period) Power Factor is the ratio of actual power (kW) to apparent power (kVA) end is expressed by the formula Power Factor (~) = kW x 100 kVA TUEC does not have any rates which are based on a customer's po~er factor -5- General CG~f~nts (10-84) Connected Load Is tho combined n~lnal retK capacity of ell ~ot~rs and other electricity consuming devices Installed on the custmrts pre~lson Power Is the rate at which ~ork Is done The elec~rlcal unlt of Ix~er Is the ~att, or kilowatt for 1000 watts 0~e horsepower Is ~ual to 746 va~s ~xlmum Electrlcal ~ad Is the ~ximum kW dmnd that ;s ~p~t~ ~ ~lster m a - ~llver~ Voltage Is the n~lnal voltage at ~hich electric ~ergy is provld~ ~ T~porary Service is ~rvlca used ~ custer for other than standby purposes ~ r~ular year-round servlca ~r~l iy, any el~trlc service (excluding standby) provided f~ less than one year ~ any electric service co~ In regular y~r-round use Is ~nsldered ~- porary service ~her n~s ~ppl led to t~porary ~rvl~ are ~s~al and sh~t ter~ Standb~ S~vica Is service ~de available to cust~er ~ rely used ~hen cust~r~s ~uip- ;eat has felled ~ Is inoperative - ~esale Service Is service provided ~holesale to cust~ers for dlstrl~tl~ at retail to other ~nsu~rs - Serylce R~ulatlons are published ~er~ and ~ndltl~s under ~hlch ~pany provides Summacy of Available Rates (10-84) B SUMMARY OF AVAILABLE RATES 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 Rates applying to relatively large groups of customers whose operations are similar About 9g~ 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 Interrupttble service rider Rider S Standby Supplementary end 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 ALL 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 Miscellaneous service charges SPAS P A Withdrawals SPPSmall Po~er Production TWFirm Transmlsslon Wheeling service In accordance with the Substantive Rules of the Public Utility Commission of Texas, each tar Iff sheet contains notations In the right-hand margin Indicating changes made on the sheets The notations used ere C - to denote s change In regulations D - to denote discontinued rate or cequlatlons E - to denote the correction of an error made during a revision (the revision which resulted In the error ~us, be one con- nected ,o some material contained In the tariff prior to the revision) I - to denote a cate increase N - 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 belng 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 tot residential purposes tn 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 ss air-conditioning water pumping, or nonresidential appllcatlons~ such as X-ray machlnes~ we]ders~ or equipment requlrlng specla] 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 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 then 15 amperes et Co~pany~s nominal t20V service This rate is designed specifically for those small use customers who have Ilttle~ If any, refrigerated air conditioning equipment In use and requires the Installation of a load limiting device -9- 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 cuatow~rs who are wllllng to reduce their usage during the on-peek period Iii General Service Re?es Rate O is applicable to po~er service. Ilghtlng or power and lighting service through a single me?er New Installations of t~o meters or more will not be combined for billing Some examples of tTpes of Rate G s~'vlce are office buildings, multlple-fe~lly residential units on one meter, dwellings used as places of business and separately metered residen- tial services, such as water pueplng end air condltlonlng Time-of-Day Option is available at cus?omerfs option, and uses demand established during on-peak hours as basis for bllllng demand This option Is not available In conjunction with sub,fac, me,er oll field cus,~mers Prleary Servlce Credit on Rate G Is available ?o customers whe, service Is provided at the most available primary dlstrlbutlon voltage, and customer o~ns the dlstrlbutlon transfor- mers Therefore. three ~ondltlons must be satisfied to entitle a customer to the primary service credit Firs?. the delivery voltage must be In ?he range of 2 4 kV to 25 kV Second. the delivery voltage must be the same primary voltage at which the Compeny;s dls?rlbutlon Ilnes In the area are operatod~ and thlrd~ the customer must o~n the dis?ri- hutiofl transformers -10- Summary of ^reliable Rates (10-84) Examples ^ 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 prlmery service cre- dit In the same distribution area a cust~er taklnq service at 2 4 kV or 4 16 kV would not qualify 2 ^ customer taking service at an Industrial substation (69-2 4 kY) would qualify for the primary service credit However if the voltage of the Indus?rial substation were 6g kV-480 volts the customer would not qualify since he would not be taking servlce at a primary distribution voltage ^ 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 C~pany to 21 6 kV and the custoffier was already receiving the credit because he ori- ginally took 12 5 kV service In a 12 5 kV area it ~ay 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 etlqlbltlty apply in the same manner as If the Company owned the dlstrlbu- t ion systeffi of the master meter customer up to the point of delivery of the subtract meter customer Cust~rs receiving service off the downtown Dallas network are not eligible for the primary service credlt~ 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 holsts~ the Company may re(lulre such Intermittent equipment to be supplied and metered separately and may bill such service separately from other service supplied (See Service Re~ulatlons~ Subsectlon V~ Section 5 02 03 .intermittent Electrical Loads ") The operating characteristics of this type of equipment are such that normally only a fraction of Its de,and 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 ^vallable Rates (10-84) Rate HV Is a hlgh voltage transmission delivery rate normally for loads of §000 kW or more Service under Rate HV Is provided et the most available transmission voltage of 69~000 volts or reore Sub-transmission delivery loads are normally served under general service Rate G Rate GL Is available to any customer for unmatered lighting servloa supplied exclusively to one or core lamps opera?lng automatlcelly from dusk to dawn as speclfled In the rate Guard Lights ere Intended for use as area lighting and are not to be used for street or roadway lighting The basic charge per light Is made ehen eli that is required for servlce Is ?o Install e light on an existing pole having secondary Ilnes already available, or Install · tight o~ an exlstlng ~ole end extend existing secondary lines on existing poles not core than one span per light, or Install a ~0 or ~5-foot wood pole es appropriate end count a Ilght not more than one span from existing secondary lines, or Extend an underground service from either overhead or underground secondary Ilnma when excess overhead spans are not required end 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 addltioeal monthly charge specified In the rate Is made for each span of secondary line by which the ?oral number of spans Installed by Company to service customer exceeds the number of lights Installed Lights Ina?ailed on existing poles aa sell aa on ne~ly 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 prlmery distribution line customer Is redulred 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)p customer Is obligated to pay the monthly charge specified in the agreefllent for the remaining months of the Inttlal term Such chargep however Is not made If an assign- ment of the exlstlnq agreement or a new agreement covering the existing liqhts ls obtained from a new customer acceptable to Company effective on the cut-out date of the on[glnal Company provides underground service to qusrd lights on Rate GL from existing overhead on underground secondary lines under the following conditions raining underground lines Customer pays Company the additional cost of underground service Iv Nualclpal Service Rates Rate WP Is applicable to munlclpalltles~ water~ and sewage utilities for electric service used for water and sewaqe pumplng~ Including usage Incidental to such service Each loca- tion Is metered and billed separately Rate ~ customers are also ellglble for service this means that customers cannot switch back and forth between Rates i~ and G until one year has passed since the date of the last change of rates Summary of Available Rates (10-84) Rate NS Is applicable to ~unlclpalltles~ common or Independent school district facllltlesp and to bell perks, stadiums, or arenas where field of play lighting Is not less ~han 85~ of the total connected load Rate NS 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 Instelletlons Rate NS customers are also eligible for service under Rate G however, the minimum contract term speclf led in these rates Is one year this means that customers cannot switch beck and forth between Rates NS and G until one year has passed since the date of the last change of rates Rate SL Is applicable to governmental entitles for Street Llqhtlng servlce Due to the complexity of this rate~ please refer to Rate gL Itself for · detailed descriptlo~ of available service v Other Rates and Riders Rate M consists of standard service charges that are applied for the appropriate oondltlon described Other servlces not covered by the standard conditions described will be charged on the basis of an estimate for the Job o~ the Company's cost Rate SPA Is applicable to po~er and energy delivered to Electric Cooperatives by the Company for the account of Southwestern Power Admlnlstretlo~ Rate SPP is eppllceble to purchases of energy generated by qualifying small power produc- tion and cogeneratlon facilities with a design capacity of lO0 kW or less es defined by the epproprlate regulatory author Itles at one point of delivery end ~eesured through one -14- Summary of Available Rates (10-84) Rate T~ Is applicable to electric utilities for Intrastate wheeling of firm electric po~er 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 ~ch 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 n~)re of separately metered and controlled Interruptlble load If the customer's total load Is Interruptlble one ~eter may be utilized in lieu of the diagram shown on page 2 of Rider I and for billing pur- poses, the firm load ~ter is assumed to be zero If a custer has both firm load and interruptible load, the billing for the firm ~eter will be based on load and contract data for the firm servlce only Rider S Is applicable to electric service provided under Rates G or HV when custoe~r has a source of po~er avallabla~ not held solely for ~rgency use, for which Co~panyts service My be substituted, either directly or Indirectly or used as a standby, supplementary or maintenance p¢:n~er supply Rldar T Is applicable to electric service provided under Rate G for ~structlon power service for any perl~ of tlme or for other types of service ~hen such service Is to be used fo~ less than 12 consecutive months Rider NS Is applicable to municipalities for noumeterad electric service In conjunction wlth Rate G for operation of three-phase warning sirens when monthly kwh use does not exceed 5 kwh -15- Rate Appl Icatlon (10-84) C RATE APPLICATION l, Rate Selection 14ore than one rate Is soamtlmes available to a customer Even though the customer la solely responsible for selecting the rate ~ost favorable to him, the Company normal ly assists In the rate selectlon and does Its utmost to see that the initial rate selection Is proper and also reviews the selection periodical Iy thereafter to ensure that the Intl- tal selectlon continues to be the most favorable The rate selection Is based upon fha customer's estimate of electric service requlremonts Accordlngly 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 yearfs use The foliculng quentlons must be answered before a proper rate selection can be made - What rates are avallable In the area ~lhat rates are applicable to the custoeerts type of buslnass or activity Vlhat are the phase, metering, and voltage re<lulrements of the applicable rates Is the electric service to be permanent or only temporary What ara the effects of minimum bills and minimum bllllng deamnds I i Rate Provisions There ara no set rules for the type of clauses and provisions to be Included In any given rate Hcuever, some of the most co.manly included clauses end provisions are as follo~s AppIlcatlon clause This clause sets out the class of service for which a rate Is appl Icable, and may specify maximum and/or minimum electrical loads or othe~ Ilmlta- tlons of use Type of servlca This clause sets out the phase, frequency, and voltage re;lulrements of the rate Rate Application (10-84) Rate expression The rate expression sets out the charges for e~ectrlc service in terms of kW and/or kwh The rate expression alone does not normally include all Information necessary to calculate a bill Minimum Nest rates include provisions for a customer charqe and/or a minimum bll~ to assure some revenue to cover fixed expenses (taxes Insurance meter reading bllllna~ etc ) In cases where the customer uses little or no electric servlce during a month III Determination of Billing Demand Billing de~and is the demand used In the rate expression to calculate demand charges for the month The blllinq demand may or ~ay 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 Although similar In form slight differences exist In demand determination B~lllng demand for all rates providing for demand bIIIInq~ however Is based on the following demands On-Peak kW is the highest 15-minute kW recorded during the biliinq months of June through September in the 12-month period ended wlth the current month For customers served under the Time-of-Day option the ~-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 Aqreement 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 fro~ the billing history and the Agreement for Electric Service On-peak kW Is also readily available fro~ the billing history for existing 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 changing 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-Pmak kW for Billing Purposes (^ppllcable to Rates G. HV NP end WP) Customer first takes service under changed condition durln9 Peak Months Off-Peak 14onths NEW CUSTOMER 1 New Location Use normal bi IIIng Current month kW I$ on-posk procedure to establish kW until actual on-peak kW on-peak kW Is established 2 Exls~ln9 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 bllllng load characteristics using previously established using previously established on-peak kW on-peak kW EXISTING CUSTOMER Chan~es to New Rate/Option/Rider a Rate G HV or HP and (1) Has demand history Continue normal billing Continue normal billing using previously established using previously matebllshed 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 eatabl Ished b Time-of-Day Option and (1} Has demand history Use normal billing Continue normal bllllng procedure to establish using previously established on-peak kW on-peak kW e DISREGARD PRIOR HISTORY (2) Has no demand history Use normal billing Current month kW Is on-peak procedure to establish kW until actual o~-peak kW on-peak kW Is established #Nanual estimate and/or prevlous history superseded by first actual on-peek kW -18- Rate Application (10-84) DETERMINATION OF ON-PEAK KW FOR BILLING PURPOSES (Continued) Customer first takes service under changed condition durln~ Peak Months Off-Peak Months EXISTING CUSTO~IER c Interruptlble Rider end (1) Has denland history Use normal billing On-peak kW is 80~ of procedure to establish previously established on-peak kW on-peek kW DISREGARD PRIOR HISTORY MANUAL ESTIMATE REQUIRED (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 2 Adds Base Load aSignificant (more than and 10 kW) under (1) Rate G HV HP or WP ~ntlnue normal billing Current ~onth kW is on-peak uslnq previously established kW until actual on-peak kW on-peak kW Is established DISREGARD FRIOR HISTORY (2) Time-of-Day Option Continue normal billing On-peak kW Is the prior using previously established service on-peak kW plus the on-peak kW estimated added on-peak kW MANUAL ESTIMATE REQUIRED (3] Inte~ruptlble Rider Continue normal bllllnq On-peak kW Is the prior using previously established service on-peak kW plus on-peak kW estimated added firm kW MANUAL ESTIMATE REQUIRED b Not slqnlflcant Continue normal billing Continue normal bllllng using previously established uslnq previously established on-peak kW on-peak kW ~Manual estimate and/or previous history superseded by first actual on-peek kW ##However billing kW ~y not ~ less than 80~ of previously established (on-peak kW-15 kW) -i9- Rate Appl Icetlon (10-84) Iv Billing Procedure The sequence of a bill ce lculatlon Is Calculate the base charge (conslstlng of the Customer, Demand, Energy Charge, and other charges as appropriate) to the nearest whole cent Calculate the fuel cost to the nearest ehole cent Sum the base charge, credit and the fuel cost to determine the revenue amount cent (Sales Tax Is not a part of the rate the amount collected Is not revenue to the Cempany and is not Included as Income o~ expmlse The Company acts solely as · collection agency for the texln§ authority ) The revenue plus sales tax Is the amount of the bill rendered to the customer v Rules for Decimals Standard half-rounding ts used In all cases Fractional values less than 0 5 ere dropped and those equal to oc greater than 0 5 are rounded up to the nex~ whole number Some spe- cific examples are es follows Billing demands Round to nearest ehole 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 For 6 8134~, use 6 81~ FOr ~ 5050~ use 53 If load factor Is expressed as · ratio round to nearest For 0 62346, use 0 6235 For 0 64444 use 0 6444 -20- Rate Application (10-84) vi Bill Proration Unless specifically stated In the rate all charges are based on a billing month of approxlaately 50 days A billing month Is considered as the period between two con- secutive regularly scheduled meter reading dates and can ranqe from 28 to 55 days All monthly bills, IncludJnq first and final bills which have not less than 28 days or more than 55 days In the billing month are billed as normal monthly bills accordlnq to the applicable rate and ara not prorated Dills covering less than 28 days or more than 55 days are prorated to 50 days Prorations of this type are calculated as follows (al Divide kwh used by actual number of days to calculate kWh/day (bi Multiple kWh/day calculated In (al by 50 days round down to whole kwh and bill thls usage under applicable rate (c) Divide amount calculated In (bi by 20 days (d) Nultiple (c) by actual number of days This is prorated bill Bills also require proration for one month fo[Iowlnq 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 (al Actual number of days In the billing cycle (bi Actual number of days on old rate (c) Actual number of days on new rate Examples when Prorations are Necessary Bills Less than 28 Days Example Rate G 100 kW demand 20,000 kwh used In 10 days (al kwh = 20,000 kwh - 10 days x 30 days = 60,000 kwh (bi Customer Charge $10 O0 (c) Oe~and Charge (100 kW - 10 kW) x $40~ = $364 50 (d) Energy Charge I kwh In first block = 2,500 kwh e 4 50~ per kwh = $112 50 -21- Rate Appl Icet Ion (10-84) kwh Ii kwh In second block = 3 500 kwh + 170~x (100 kW-lO kW) = 18,800 kwh e 2 50~ per kwh = $470 O0 Ill kwh In third block = remaining kwh = 38,700 kwh e 0 67~ per kwh = $259 29 Iv Total Energy Charge $841 79 (e) Total 30 Day Bill $1,216 29 (f) Prorated Bill = $1,216 29 x tO days/30 days = $405 43* *Add current fuel plus tax as applicable 2 Hare Than 33 Days Rate G 330 kW demand 150,000 kwh used In 40 days (a) kwh = 150,000 kwh - 40 days x ~0 days = 112,500 kwh (b) Customer Charge $10 O0 (c) Demand Charge (350 kW - 10 kW) x $4 05 = $! 377 O0 (d) Energy Charqe i kwh In first block = 2,500 kwh ~ 4 50~ per kwh = $112 50 II kwh In second block = 3,500 kwh + 0 kW x (100 kW-lO kW) 61,300 kwh ~ 2 50~ per kwh = $1,532 50 III kwh In third block = reealnlng kwh = 48p700 kwh I 0 67~ per kwh = S326 29 Iv Total Energy Charge Sl,97! 29 (e) Total 30 Day Bill S3,358 29 (f) Prorated Bill = S3,358 29 x40 Days S4,477 72* 30 Days #Add current fuel plus ?ax aa applicable -22- Rate Appl Icetlo~ (10-84) Ba,e Change - Base Rates Example Assumptions 1 Effective Date 12-1g-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 94~ + $7 00 = $43 45 (b) Full month new rate [TUEC) 600 kwh x 4 15~ + 325 kwh x 1 43~ + $6 00 = $35 55 (c) Ac,ual days under old rate 17 (d) Actual days under new rate 16 (e) To,al actual days served 33 (f) Total Bill = 17/33 x $43 45 + 16/33 x $35 55 $39 62# ~Add current fuel + tax as applicable Rate Change - Base Rate Fuel Component A change In base rate fuel component should be prorated as sho~n In 3 above based actual kwh in the billing period -23- Rate Appl Icatlon (10-84) vii Rate Equations Rate eCluatlons for the Company's major rate groups are as follows Rate R - Residential Service Summer(Nay-October) Wlnter(November-^prll) Upper Limit kwh Equation - Dollars Upper Limit KWh Equation - Dollars All 0 0415E + 6 O0 600 0 0415E + 6 O0 Excess 0 0143E + 22 32 Rate G - General Service Secondary 0 - tO kW Over I0 kW Upper Limit kwh Equation - Dollars# Upper Limit kwh Equation - Dollars# 2500 0 0450E + 10 O0 2500 0 0450E + 4 0Sd - ~0 50 6000#~ 0 0250E + 60 O0 4300 + 170d 0 0250E + 4 0Sd + 19 50 Excess 0 0067E + 169 80 Excess 0 0067E + 7 161d + 98 19 #Add $1 O0 per kW for each current ~nth kW in excess of the contract kg ~"Customers without metered demands are billed In this block for ell kwh In excess of 2500 kwh Rate G-F~I - 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 + 5 70d + 20 50 Excess 0 0057E + 173 50 Excess 0 0057E + 6 981d + 102 49 "Add $1 O0 per kW for each current ~3~th kW in excess of the contract kW #~Custoalers wlthout metered demands are billed In this block for all kwh In excess of 2500 kwh -24- Rate Appllcatlon (10-84) Rate HV - High Voltage Service 0 - 2500 kW Over 2500 kW Upper Limit kwh Equation - Dollarse Upper Limit kwh Equation - Boilers# All 0 0052E + 14.295 All 0 0052E + 5 lgd + 1,320 #Add $I O0 per kW for each current month kW In excess of the contract kW Rate NP - Municipal Pumpln~ Service Secondary 0 - 10 kW Over 10 kW Upper Limit kwh Equation - Dollars Upper Limit kwh Equation - Dollars 2500 0 0315E + 10 O0 2500 0 0315E + 1 26d - 2 60 6000## 0 0250E + 26 25 4500 + 170d 0 0250E + I 26d + 13 65 Excess 0 0141E + 91 65 Excess 0 0141E + 3 113d + 60 52 ##Customers wlthout metered demands are billed In this block for ell kWh In excess of 2500 kwh Rate NP-PRI - Municipal Pumpln~ Service Primary 0 - 10 kW Over I0 kW Upper Llmlt kwh Equation -Dollars Upper Limit kwh Equation -Dollars 2500 0 0315E + 7 50 2500 0 0315E + I 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 th Is block for all kwh In excess of 2500 kwh Rate Appl Icat Ion ( 10-84] Rate HS - Miscellaneous Municipal Type Service May-October November-April Upper Limit kwh Equation - Dollars Upper Limit lOCh Equation - Dollars All 0 04tgE + 1~ O0 All 0 0250E + t5 O0 Rate WP-PRI - Wholesale Service Primary Upper Limit kwh Equation -Dollars# All 0 0052E + 6 ~3d + 240 O0 #Add $1 O0 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 O0~2E + 4 g8d + 240 O0 #Add $I O0 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 Revenue BIll lng Load Research Rate Estimated Watthour; Magnetic Tape Demand Watthour Demand or Electronic Meter Meter Pulse Recorder R, RLL Any X RTU Any TOU Under 10 kW X 10 - 999 kW X G 1000 kW and Over EDt4 X Under I000 kW TOUOM O/TO0 1000 kW and Over TOUOM X HV Any EOM X HV/TOD Any TOUON X Under 10 kW X 10 - 999 kW X 1000 kW and Over EOM NP/TOD Any TOUOM Under 10 kW X MS I0 kW and Over X SL Any X (Metered) WP Under 1000 kW X X 1000 kW and Over EOM X Legend TOU - Time-of-Use kwh register EON - High resolution demand register (electronic) TOUOM - Time-of-Use kW register (electronic) -27- Agreements (10-84) E AGREEHENTS FOR ELECTRIC SERVICE Conditions when Agreements ara Required Agreements for Electric Service (Contracts) are required as specified In the rata 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 era Involved Company normally obtains an Agreement for Electr lc Service from customers In the roi Io~lng categories before Company provides electric servlce Al I customers o~1 rates HV, GL SL, SPP and WP 2 All customers on rates G, ~, and MS with maximum electrical loads of 500 kW or sore All customers on Rates G, ~&o and MS (less than 500 kW maximum electrical Iced), or residential Rate R ~here a Excessive Investment In Company facilities Is required b An excess facilities charge is required c Unusual or no~-standard company facilities are Installed d Custoeaer chooses time-of-day de.and optles e Load reports or electrical pulses (Rate N) are required f A special minimum is required g A rider, supplementw or addendum Is attached h Subtract-meter service Is Involved (available es ly In oli fields) The division manager determines that an Agreement Is necessary ~d desirable J Customer requests an Agreement for Electric Service -28- (lO-B4) The Company has only one general-use standard Agreement for Electric Service a copy of which Is contained in Subsection IX of the Compenyts Service Requletlons The Agreement for Electric Service Is used for ell customers Including cities and towns and other muni- cipalities for standard electrical service For Rates such as SL or where special con- dltlons exist, espectal agreement or an addendum to the standard contract may be required Nonstandard Agreements for Electric Service are normally made with other electric utllltlma, resale customers street lighting end In other special situations The term of mn Agreement for Electric Service Is normally the contract period es specified in the rate Nost rates specify a contract period of not less than one year However some rates speclfy 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 Volta~ec for Electric Service The standard voltages used In preparing new ~greements for Electric Service are contained In Subsection II page ! of the Servlce Regulations Ensure that a given voltage Is available et 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 Electrlc Service If an Installation requires the Company to pro- vide t~o or more voltages et ~ne location, a separate agreement Is required for e~ch voltege -29- Agreements (10-84) III Contract Minimums The contract minimum Is as stated In the rate end Is usually equal to 50~ of the maximum hlghor minimum because of the total amount o~ Investment end/or expense Involved or due to the cost of providing service es related to the expected revenue from the customer In these cases, the minimum demand should be Increased accordingly Examples of Installa- tions which ~ay require special mlnlmuma are electric servloa to equipment such as spot and arc melding machines, X-ray machines, or any other serv]oa where use of electricity is Intermittent and subject to violent fluctuations Iv Contract ^dmlnlstretlon For large, special, or nonstandard Agreements for Electric Service proper TUEC rate and regulatory personnel will rev[ee such Agreements for rate applloatlon and other regulatory requirements prior to execution by the approvlnq Company offlclal P.~oany personnel TUEC rate and regulatory personnel In advance of final agreement preparation In order to ensure orderly and timely approval Large custo,~rs ore deflnod as customers having maximum annual loads of IODO kW or more Special ratee/rldors Include Rider I (Interruptlble Service), Rider $ (Standby, Supplementary and ~alntenanoa Service), Rate WP (Wholesale Power), ~ate SPP (Small Poner Production), and Rate TW (Elrm Trensmlsslon Wheellng Service), and Agreements which spa- city the TOD optlon (10-84) Nonstandard contractual arrangm~lnts include those Agreements with alterations or changes to the standard printed text of ~he Agreement and those Agreements having addltlonal 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/rlders~ and other nonstsndard contractual arrangements Respons I bl I lty Action Customer Contact Parson 1 Recognizes that customer negotiation Is with a large customer or Involves a rate/rider/ nonstandard contrac- tual arrangement requiring special hondllng (See Daf Inltlons above) 2 Consults with hls supervisor and/or contract administra- tor to dat®rmlne any sp®clal handling and/or conditions conc®rnlng the negotiation Contract Administrator 3 Reviews the negotiation wlth the TUEC rates~enager or his representative to ensure fair and consistent rate treatment of the prospective or exlstlng customer end work out any special terms and conditions 4 Prepares or directs the preparation of the Agreement for Electric Servlc® Custo~rer Contact Person 5 Presents Agraement 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 ? 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 Manaqer 9 Reviews agreement for all applicable rat®~ requlator¥, and legal aspects~ end reviews extension po llcy calcula- tion for accuracy and systemwlde consistency 10 Reviews with TUEC vice president 11 Retains one copy for TUEC contract file 12 Returns reviewed Aqreement to contract administrator In the division office Contract Administrator 13 Secures final approval and slqnature from appropriate division officer or official 14 Notifies 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 no? economically justified la those Instances, Company determines ?he special contract arrangements required with customer before electric servlc® Is provided The special arrangements may Include a non- refundable contribution In aid of construction, an advance for cons?ruction, a special minimum billing demand, or special monthly or annual mlnlmum charges Please refer to ?he Customer Service Handbook for specific application of the extension policy -~ E \k'PDOCS\ORD\TUELEC 0 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 ls 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 p&ylng to the City a sum equal to three percent (3%) of 1ts 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 (4%) of its gross revenues from the retail sale of electric power and energy within the city, which different consideration includes, among other th~ngs, Company's obligation to reimburse the City for ~ts ratemak~ng 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 lmmed~ately upon its passage and approval SECTION III. That it is hereby officially found and deter- mined that the meeting at which this ordinance ~s 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 ~s 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 ~ That this ordinance shall take effect immediately upon its passage and approval PASSED AND APPROVED this theft7 day of~z~Jj , 1993 ATTESTs ~ JENNIFER WALTERS, CITY SECRETARY DEBRA A DRAYOVITCN, CITY ATTORNEY PAGE 2 E \~PDOCS\K\TU K ~END~ENT ~tI~BER ONE TO THE AGREEMENT BETWEEN THE CXTY OF DENTON ~ TEX~ UTXLXT~ES ELECTRIC 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 r~ghts-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 Exhlbit "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 1ts 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 (4%) of its gross revenues from the retail sale of electric power and energy within the City, which different consideration includes, among other th~ngs, 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 i of the Agreement between the City and company, dated October 20, 1987, ~s hereby amended to provide that the consideration payable by Company for the rights and privileges granted to Company shall be four percent (4%) of gross revenues from the sale of electric power and energy within the corporate limits of the C~ty, 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, amd other public places within the present and future territorial limits of City, while th~s agreement is 1n 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 ~ 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 ~ 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 ratemaklng 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 ratemaklng 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 Czty decides to continue to participate with the Steering Com- mittee in such appeal of said order, and Company ls requzred to reimburse said Steering Committee for ratemaking expenses under Sectzon 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 ~rd 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 by_Sectlon~ EXECUTED this the~_~day of~, 1993 ATTEST, JENNIFER WALTERS, CITY SECRETARY PAGE 3 APPROVED AS TO LEGAL FOPS4 DEBRA A D~AYOVITCH, CITY ,ATTORNEY TEXAS UTILITIES ELECTRIC COMPANY Senior Vice PAGE 4 3 0 0 EXHIBIT "A" THE STATE OF TEXAS ~ AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS COUNTY OF DENTON ~ 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 ($%) 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 I 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 month period beginning with October i 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 o£ 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 1ts calculat,~-s with each such payment and, upon request, shall provide and a~ow inspection o£ 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 C~ty, while this agreement is in effect, ~n l~eu o£ and shall be accepted as payment for all of Company's obl~gations 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 C~ty is authorized to levy and ~mpose upon real and personal property, assessments for public improvements, and sales taxes as allowed by State or local law $ 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 ~njury or damage to persons or property occasioned by, or arising out of the construction, maintenance, operation, or repair of the generation, transmission, or d~strl- button system, or by the conduct of business ~n the City provided, however, nothing herein shall be construed to ~ndemnl£y the City against the C~ty's own negligence or fault It is understood that it is not the intention of the parties hereto to create l~abillty for the benefit of third parties, but that this agreement shall be solely for the bene£1t of the part,es hereto 4 That all poles to be placed shall be of sound mater~al and reasonably straight, and shall be so set that they w~11 2nter£ere as little as practicable with the ordinary travel on alleys, streets or sidewalks or with the £1ow o£ 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 1ts 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 $ That in any future construction, ~n new developments, lateral and service d~str2butlon l~nes and w~res shall be placed or constructed underground 2n all areas designated in advance of construction by the City for all electric utlllt~es 2n 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 equ.~ment may be pad-mounted The PAGE 2 City Council or the City Manager, acting on thezr 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 s~aller areas o£ electric consumers These electric lines are nor=ally connected to a feeder line through a sectlonalizlng 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 customerts service entrance 6 Company shall, on or before the lSth day o£ 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 (I) 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 restorlng~ 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 1lability 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 certl£1cate 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 3O3 all subdivzsion rules and regulatzons of Clt¥ generally zn effect to the extent that same are valid and authorized by applzcable state or federal law Char~es for lnstallat~on or maintenance of street li~htin~, ~ncludin~ extension costs char~ed to developers, shall be zn accordance wzth Company's tariffs 9. This alreement supersedes and cancels all prior a~reements between City and Company relatini to matters here~n set forth 10. This a~reement shall terminate September 30, 1997 IN TESTIMONY WHEREOF, witness t~e,~gnatures~o~, parties hereto, in duplicate orilinal, thlsg~__~day of ~, 1987, CITY OF DENTON, TEXAS ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY TEXAS POWER ~ LIGHT COI~VANY, a division of Texas Utilities Electric Company PAGE 4 "~ELECTRIC August 3, 1993 Terry R Griffin S Vtce President 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 C~ty of Denton, Texas, by ordmance duly approved by the Mayor and attested by the C~ty 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 Uttht~es Electric Company by its duly authorized officer, ttus the 3rd day of August 1993 TEXAS UTILITIES ELECTRIC COMPANY Original acceptance of franchise, of which the foregmng ~s a true copy, was filed ~n my office onthe~,(]l day of /~wa~ 1993, atZ//~oclock ~ m Sedita ' C~ty of Denton, Texas (CITY SEAL) 1506 Commerce Street Dallas Texas 75201 (214)698 3650 ORDINANCE NO 97' 7 AN ORDINANCE A O ING YOR TO EX CVTE A SECO AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL ONE YEAK PERIOD, FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS KEQUIKED 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 Electnc Company (hereinafter called "Company') is engaged[ m the business of providing electric ut,hty service within the City of Denton (hereinafter called 'C,ty") and is using the public streets, alleys, grounds, and r,ghts-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 WttEREAS, 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, TI-II~REFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute Amendment Number Two to the A~eemant between the City of Denton and Texas Utilities Electnc Company for the use of City streets, whtch is attached hereto as an Exhibit "A" and incorporated by reference herein ~ECTION II That it is officially found and determined that the meetings at which this ordinancz 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 ~ 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 ~ 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 ordmned SECTION V That Company shall witlun twenty-one (21) days atter the passage oftlus ordinance, file in the office of the City Secretao' of the City of Denton, Texas a written instrument signed and acknowledged by a duly authorized o~cer, m substantially the following form (a) To the Honorable Mayor and City Council of the City of Denton The Grantee, Texas Utilities Ele~nc Company acting by and through the undersigned authonzed officer hereby accepts Ordinance No ex~end~ng the term of the existing Agreement with the C~ty of Denton TEXAS UTILITIES ELECTRIC COMPANY By Semor Vice President ATTEST Secretary Executed this the day of ,1997 Co) The acceptance shall be duly acknowledged by the person executing the same In the event the acceptance is not filed vathin the twenty-one (21) day period, this ordinance and the nghts and pnvlleges 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 ~crc day of cff~~'- , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY The City of Denton, Texas, acting herein by its duly constituted authontjes, hereby dec_lares the foregoing Ordinance passed on first reading on the ~ day of ~.~-~Zb~/~' , 1997, and finally effective as of the ~--~ day of , S?~b~r .1.997 Euhne Brock, Council Member ~k, Coc~, Council M,mber ~ S~dy ~lprson, ~ Mimber Carl ~ Young, Sy C~ The above ~d ~oresomg ordmanc! [~d, adopt~ on first reading ~d passed to second reading by the f~llowm8 votes, th~s the ~day of ~~ , 1997 at a re~lar session of the C~ty Council ~ack Miller, Mayor, voting ~ Euhne Broc~ Council Member, votm~ ~ ~om Be~sley, Council Member, votm8 ~ M~ke Co~ Council Member, volm~ ~ Neff Du~e, Council Member, voting ~ Sandy ~stoferson, Council Member, voting ~ C~I G young, St, Council Member, voting ~ PAGE 3 The above and forego.~ng ordinance read adopted on. second reading and passed by the following votes, this the ~---~ day of ~,e9'~'~9~' , 1997 at a regular session of the City Council Jack Miller, Mayor, voting Euhne Brock, Council Member, voting ~ Rom Beasley, Council Member, voting ~/~ Mike Cochran, Council Member, voting Neff Durrance, Council Member, voting Sandy Knstoferson, 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 Two to the A4o'eement Between the City of Denton and Texas Utihtles Electnc Company pertaining to street rental, as indicated herein The same ~s now recorded as Ordinance Number ~' ~'7~m the Ordmanco Records of the City of Denton Texas WITNESS MY HAND th,s the ~ dayof l~~'Z~.., ,1997 (SEXL) PAGE4 AMENDMENT NUMBER TWO TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utlhtles Electric Company (hereinafter called "Company") ~s engaged m 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 AOREE AS FOLLOWS SECTION 1. That Section 10 of the Agreement is hereby amended to read as follows 10 This Agreement shall tenmnate on September 30, 1998 SECTION 2. That m all respects, except as specifically and expressly amended by ttus 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 accepted by Company shall remain m full force and effect EXHIBIT "A" EXECUTED in duplicate ongmal counterparts flus the day of 1997 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY TEXAS UTILITIES ELECTRIC COMPANY SENIOR V RE~EN'L ATTEST E ~DOCS~K\TU STREET RENTAL AMENDMENT Page 2 o~On~ANCENO _~g-- TO THE EXIST~G AG~EMENT BET~EN THE CITY OF DENTON AND ~S ~XXlO~ sxx ~o~ ~o~, ~ ~ ~~ ~ x~ ~wo ~x~as ~ ~xc~ x~s o~c~ ~s ~s~ ~s o~ ~o ~ ~c ~s ~cc~c~ o~ x~ ~~x ~y ~s u~x~s ~cx~c co~ AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS O~ANCE ~E~AS, Texas Utilities Elecmc Comply (herem~er c~led "Comply") ~s engaged m the busmess of prow&ng electric ut~hty se~ce w~m the C~ of Denton (herema~er c~led "C~ty") ~d ~s using the pubhc s~eets, alleys, gro~ds, and rights-of-ways ~th~n ~e C~ty for ~at p~ose ~der the te~s of ~ Agreement, approved by Or&n~ce Number 87 186 duly p~sed on October 20, 1987, ~d there~er ~ended by Amendment Number One to ~e Agreement Between the C~ty of Denton ~d Texas Utflmes Electric Comply, approved by Or&n~ce No 93-133 duly passed on July 27, 1993, ~d there~er ~her ~ended by Amendment Nmber Two To ~e Agreement Between ~e Cay of Denton ~d Texas Utilities Elec~c Comply, approved by Ordm~ce No 97-277 duly p~sed on September 9, 1997, ~d WHE~AS, the C~ty ~d Comply desire to mend smd Agreement as mended by smd Amendments Nmber One ~d Two to extend ~e te~ of smd Agreement for ~ ad&t~onal s~x month p,no , NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HE.BY O~AINS ~ ~at the Mayor ~s hereby authorized to execute Amendment Number ~ee to the A~eement between the C~ty of Denton ~d Texas Ut~lmes Electric Comply for ~e use of C~ty s~eets, which ~s aaached hereto ~ ~ E~bxt "A" ~d mco~orated by reference herem ~ That ~t ~s officially found ~d dete~ned that the meetings at which th~s ordm~ce ~s passed ge open to the pubhc as required by law and a pubhc not~ce of ~e t~me, place, ~d p~ose of smd meetmgs w~ g~ven as reqmred by law ~ ~at the C~ty Secret~ ~s hereby &rected to affix a copy of th~s ordm~ce to Ordinate Nmber 87-186 and inscribe ~ereon ~e notation ~at the A~eement has been mended a third t~me ~ ~e adoption of th~s or&n~ce ,SECTION IV ~at ~s ord~n~ce shall t~e effect ~mme&ately from ~d ~er ~ts passage, pubhcat~on, ~d accept~ce by Comply ~n accord~ce w~th the prows~ons of the Cheer of ~e C~ty of Denton, ~d ~s accordmgly so ordained PAGE 1 went -one (21) days after the passage of th~s That Company shall, w~tban~!~ ,~.. _cr~, n Texas a written mstrumant SECTION.V ~. A~+~ t~tv Secretary o!me ~lty u~ ~,~nto , ordinance, file m ~e olIlCe u~ us,~ ..~ a s~gned and acknowledgedby a duly anthonzed officer, m substantially the following form (a) To the Honorable Mayor and Cay Councd of the C~ty of Denton The Grantee, Texas Utflxt~es Elecmc Company, acung by and through the undersigned anthonzed officer, hereby accepts Ordxnance No _____-- extending the term of the eyast~ng Agreement w~th the Cxty of Denton TEXAS uTILITIES ELECTRIC coMPANY By SemorVxce President ATTEST Secretary Executed th~s the ___.___- day of. _, 1998 acknowledged by the person executing the The acceptance shall be duly ...... ~.... ,he twenty-one (21) day period, (b) I~'~e event the acceptance ~s not mca wm~ .... shall terminate and same th~s ordinance and the rights and pnmleges hereby granted become null and vmd (c) The C~ty Secretary shall cause a nouce of the passage of tins ordinance fmrly stating the substance hereof to be pubhshed once each week for two (2) consecutive weeks m the officml newspaper of the C~ty of Denton, Texas The Company shall pay the costs of pubhcat~on of such notices ~ dayof~'1998 PASSED AND APPROVED th~s the / ~ ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 2 The City of Demon, Texas, acting herein by its duly constituted aut.ho_~le.s, hereby declares the fgregomg Ordinance passed on first reading on the ~ day of _~a ~;~'2 _ _, 1998, and finally effective as of the _~-~ day of _6~,~}..~H./~.~,2q.~ __., 1998 .- RomBeasley, Coung ember - M~ke Coc~m Councd Member N"~'~-l~u~rance, ~ouncll .Membe Carl G Young, Sr, The above and foregoing ordinance rgad., adopted on fl.rst reading arid passed to second reading by the following votes, this the _j~-'~ day of tr~ g~o~5~' , 1998, at a regular session of the City Councd Jack Mlller, Mayor, voting ~ Rom Beasley, Council Member, voting Mark Burroughs, Council Member, voting Mike Cochran, Council Member, voting Ned Durrance, Council Member, voting Sandy Knstoferson, Council Member, voting Carl G Young, Sr, Council Member, voting PAGE3 ordanance read, adopted on second reading and passed by the following The above and for, e~o4Lng' o ~DT~g~.ff~ , 1998, at a regular sess,on of the votes, this the [ ~ aay ox__ ~ ...~o.~-- Caty Council Jack Miller, Mayor, voung ~ Rom Beasley, Council Member, voting ~ Mark Burroughs, Council Member, voting ~ Make Cochran, Council Member, voting ~ Neff Durrance, Council Member, votang ~ Sandy Knstoferson, Council Member, voting ~ Carl G Young, Sr, Council Member, voting ~ STATE OF TEXAS § COUNTY OF DENTON § I, Jennifer Walters, Ctty Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing ts a tree and correct copy of the Amendment Number Three to the Agreement Between the City of Denton and Texas Utflmes Elecmc Company pertaining to street rental, as andacated herean The same as now recorded as Ordinance Number tn the Ordinance Records of the City of Denton, Texas WITNESS MY HAND this the J 5~-~' day of_ ~J~) ' 1998 lters, y Secretary (SEAL) PAGE 4 '---- --- Lone Star Brenda Jacl~0n Sr Hc~Prestd~nt September 16, 1998 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS The undersigned hereby accepts the terms of that certmn francluse passed and adopted by the Ctty Councd of the C~ty of Denton, Texas, by Ordinance 98-259 duly approved by the Mayor and attested by the Oty Secretary on September 1, 1998, same being, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO TIlE EXISTING AGI1.EEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFORE 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 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" IN TESTIMONY WHEREOF, w~tness the corporate s~gnature of Texas Utd~t~es Electric Company by ~ts duly authorized officer, ttus the 16~ day of September 1998 TEXAS UTILITIES ELECTRIC COMPANY Brenda lackson ~ Sr Vace Pres~dem ce of francbase, ofwtuch the foreeo~ng ~s a tree copy, was filed m my office on the O ~~m~, 1998, at~'/~' . o clock ~ m ~_ day ~~ - ~ ERy of Denton, Texas (CITY SE~) 100 West Mulberry Denton Texas 76201 AMENDMENT NUMBER THREE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utiht~es Electric Company (heremafter called "Company") is engaged m the business of provid~ng electric utility service w~tlun the City of Denton (hereinafter called "C~ty") and is using the public streets, alleys, grounds, and r~ghts-of-way w~thm the City for that purpose under the terms of an Agreement, approved by the C~ty Cotmcll 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 Utlht~es Electric Company, approved by the C~ty Council of the City of Denton, Texas m Ordinance No 93-133, duly passed on July 27, 1993, and thereafter amended by Amendment Number Two to the Agreement Between the C~ty of Denton and Texas Uttht~es Elecmc Company, approved by the City Council of the C~ty of Denton Texas m Ordinance No 97-227, duly passed on September 9, 1997, and WHEREAS, the Agreement, as prewously amended, tenmnatcs on September 30, 1998, and WHEREAS, the City and Company desire to amend sa~d Agreement, as amended by sa~d Amendments Number One and Two, to extend the term of sa~d Agreement for an additional s~x month period, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS ~ That Section 10 of the Agreement is hereby amended to read as follows 10 Ttus Agreement shall terminate on March 31, 1999 ~SECTION 2, That m all respects, except as specifically and expressly amended by th~s document, the sa~d Agreement heretofore duly passed by the C~ty Council of the C~ty of Denton, Texas and duly accepted by Company, and as amended by Amendments Number One and Two to smd Agreement heretofore duly passed by the Caty Council of the C~ty of Denton, Texas and duly accepted by Company shall remmn an full force and effect EXECUTED in duphcate original counterparts this the J ~.qday of ~ 1998 CITY OF DENTON, TEXAS JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY TEXAS UTILITIES ELECTRIC COMPANY BY ~ T SENI!~ ATTEST Page 2 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 m 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 8%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 to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No 98-259, duly passed on September 1, 1998, and WHEREAS, the City and Company desire to amend smd 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 ~ 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 th use of City streets, which is attached hereto as Exhibit "A" and incorporated by reference herewith ~ 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 smd meetings was given as required by law ~ 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 PAGE1 ~ That this ordinance shall take effect immediately from and after its passage, publication, and acceptance by Company in accordance with the prowslons of the Charter of the City of Denton, and is accordingly so ordmned ~ That Company shall, vathln twenty-one (21) days after the passage of tlus 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, m 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~v .a~d through the undersigned authorized officer, hereby accepts Ordinance No 6{~'/~no extending the term of the emst~ng Agreement with the City of Denton TEXAS UTILITIES ELECTRIC COMPANY ATTEST ,~f S~reta~ '~ Executed this the *~ ~}~ dayof ~ ,1999 (b) The acceptance shall be duly acknowledged by the person executing the same In the event the acceptance ~s not filed within the twenty-one (21) day period, tins orthnance and the rights and pnmleges hereby granted shall terminate and become null and void (c) The City Secretary shall cause a notice of the passage of tlus ordinance fmrly stating the substance hereof to be pubhshed 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 th~s the _~'~ day of ~~¢7/ 1999 JA~ PAGE2 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY The C~ty of Denton, Texas, acting herein by ars duly constituted auth,orzl!l~,~, hereby declares the foregoing Ordinance passed on first reading on the ~ day of '79q~~~ , 1999, and finally effective as of the L/r/''F'-- day of O.J~ ~ , 1999 la/~ek~~r"=~''- - ~ Rom Beasley'-Qou~c,~;~mber ~B~ Mike Cochran Council Member ~-Nefl Durrance, Council Member ~an y , ~, 'Carl G ~0ung, S~ber The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the~:~z~ day of_ ~.~ ~ ., 1999, at a regular session of the City Council Jack Miller, Mayor, voting ~ Rom Beasley, Council Member, votlng~ Mark Burroughs, Council Member, votlng~.~._~ PAGE 3 Mike Cochran, Council Member, votang ~ Neff Durrance, Council Member, votang ~ Sandy Knstoferson, Council Member, voting ~ Carl G Young, St, Council Member, voting ~ The above and foregg)ng ordinance read, adopted on second reading and passed by the following votes, flus the ~4~ day of ~9~;~ ._~ ., 1999, at a regular session of the City Council Jack Miller, Mayor, voting ~ Ronl Beasley, Council Member, voting ~ Mark Burroughs, Council Member, voting ~ Mike Cochran, Council Member, voting ~_~ Nell Durrance, Council Member, voting ~ Sandy Knstoferson, Council Member, voting ~ Carl G Young, St, Council Member, voting ~ STATE OF TEXAS § COUNTY OF DENTON § I, Jeunlfer 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 street Agreement Between the City of Denton and Texas Utilities Electric Company pertaining to rental, as indicated herein The same is now recorded as Ordinance Number (q~/~ m the Ordinance Records of the City of Denton, Texas e~f~3 V~ters, C~ty Secretary (SEAL) S \Our Doeuments\Ordmances\99\TUECFourth Amendment doc PAGE 4 AMENDMENT NUMBER FOUR TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Ut~ht~es Electric Company (hereinafter called "Company") ~s engaged m the business of providing electric utility service w~thm portions of the City of Denton (hereinafter called "City") and ~s using the pubhc streets, alleys, grounds, and rights of-way v~thm the City for that purpose under the terms of an Agreement, approved by the City Council of the C~ty of Denton, Texas m 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 Ut~ht~es Electric Company, approved by the City Council of thc City of Denton, Texas ~n 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 Ut~htlcs Elccm¢ Company, approved by the C~ty Council of the City of Denton, Texas m 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 Utthtlcs Electric Company, approved by the City Council of the C~ty of Denton, Texas m 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 soad Agreement, as amended by soad Amendments Number One, Two, and Three, to extend the term of sa~d Agreement for an additional s~x (6) month period, and to keep said Agreement m continuous force and effect, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS SECTION 1 That Section 10 of thc Agreement is hereby amended to read as follows 10 This Agreement shall terminate on September 30, 1999 ~ That m all respects, except as specffically and expressly amended by ttus document, the smd Agreement heretofore duly passed and approved by the C~ty Council of the C~ty of Denton, Texas and duly accepted by Company, and as amended by Amendmems Number One, Two, and Three to smd Agreement heretofore duly passed and approved by the C~ty Council of the C~ty of Denton, Texas and duly accepted by Company, shall remmn and continue m full force and effect, w~thout lapse, for all purposes pertinent EXECUTED ~n duphcate original counterparts th~s the ~>('t/~-~day of ~2~J. ,1999 CITY OF DENTON, TEXAS JA~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By , Page 2 TEXAS UTILITIES ELECTRIC COMPANY SENIOR VICE PRE~/I~ENT ATTEST By ~_ ~ 72~~ S \Our Doc~ments\Contrncts\99\TUEC Street Rental Agrmt 4th Amend doc Page 3