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HomeMy WebLinkAboutRES 2002-052 RESOLUTION NO. 2002-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE EXECUTION OF A COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT WITH TXU ELECTRIC COMPANY N/K/A TXU US HOLDINGS COMPANY AND TXU GAS COMPANY RELATIVE TO ELECTRIC AND GAS FRANCHISE FEE CLAIMS AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City Manager or his designee is hereby authorized to execute a Compromise, Settlement and Release Agreement with TXU Electric Company n/k/a TXU US Holdings Company and TXU Gas Company relative to the settlement of electric and gas franchise fee claims. Section 2. That a substantial copy of the agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 3. That this resolution shall become effective immediately from and after its passage and approval by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of December, 2002. APPROVED: William D. Tate Mayor ATTEST: Lin a Huff ilitg City Secretary APPROVED AS TO FORM: F . John F. Boyle, Jr' City Attorney EXHIBIT TOE '-Page _. of R COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT This Compromise, Settlement, and Release Agreement (the "Agreement") is made and entered into as of the date set forth below by and between the City of Grapevine (the "City") and TXU Electric Company n/k/a TXU US Holdings Company ("TXU Electric") and TXU Gas Company("TXU Gas"): WHEREAS, thirty seven cities filed a suit in the 134t Judicial District Court of Dallas County, Texas,in Cause No. 00-9383, styled City of Denton, Texas et al. vs. TXU Electric Company, et al. (the "Litigation")which included claims arising out of the electric and gas franchise ordinances similar in some respects to the franchise ordinances entered into by and between the City and TXU Electric and TXU Gas and, specifically, the Litigation involved a dispute with regard to the calculation and amount of franchise fees paid by TXU Electric and TXU Gas; WHEREAS,the Litigation was resolved by agreement and TXU Electric and TXU Gas have agreed to offer the City the same benefits offered to the Plaintiffs in the Litigation and the City has agreed to accept the offer by TXU Electric and TXU Gas and to release any claims related to the payment of franchise fees prior to and through December 31, 2001 ; NOW, THEREFORE, in order to fully and finally resolve all disputes and claims arising out of the calculation and payment of franchise fees to the City by TXU Electric and TXU Gas prior to and through December 31, 2001, for the mutual promises and covenants set forth in this Agreement, the adequacy and sufficiency of which consideration is acknowledged the City and TXU Electric and TXU Gas agree as follows: 1. AMENDMENTS TO THE ELECTRIC FRANCHISE ORDINANCE As the result of electric industry restructuring,the electric franchise formerly held by TXU Electric has been assigned to Oncor Electric Delivery Company ("Oncor"), accordingly, COMPROMISE,SETTLEMENT AND RELEASE AGREEMENT-Page 1 EXHIBIT TO %►-� •.�' -3 Page of ' effective January 1, 2002, the City agrees to enter into and TXU Electric agrees to cause Oncor to accept an amendment to the current electric franchise ordinance substantially in the form of the amendment attached as Exhibit A which amendment shall, at the election of the City,provide that the Discretionary Services Charges identified in Section 6.1.2 of the Tariff for Retail Delivery attached as Exhibit A-1 applicable to Oncor which are directly paid by the customer and which are those charges identified as items DD1 through and inclusive of DD24 in said tariff, shall be subject to an additional franchise fee based on 4% of such charges which additional franchise fee shall be paid to the City pursuant to the terms of the amendment attached as Exhibit A. The City acknowledges that Oncor may file with the Texas Public Utility Commission and/or the City a tariff amendment in compliance with the terms of this agreement,which will provide that Oncor shall have the right to collect from the customer the franchise fee on such Discretionary Service Charges such that the customer shall bear 100%of the franchise fee on such Discretionary Service Charges. The City acknowledges that Oncor is an intended third-party beneficiary of this agreement and agrees to cooperate with Oncor in order for Oncor to pass through to customers the entire franchise fee on such Discretionary Service Charges by taking the following actions: (i) to the extent the City acts as regulatory authority,by adopting and approving that portion of any tariff in compliance with the terms of this Agreement which provides for 100%recovery of such franchise fees; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100%recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Oncor. The City further agrees not to take any action to prevent the recovery of COMPROMISE,SETTLEMENT AND RELEASE AGREEMENT-Page 2 EXHIBIT" TO Page the franchise fees on such Discretionary Service Charges by Oncor and to take other action which may be reasonably requested by Oncor to provide for the 100%recovery of such franchise fees by Oncor. 2. AMENDMENTS TO THE GAS FRANCHISE ORDINANCE Effective January 1, 2002, the City agrees to enact and TXU Gas agrees to accept an amendment to the current gas franchise ordinance substantially in the form of the amendment attached as Exhibit B to provide that, at the election of the City, the franchise fee will increase to a maximum of 4.00%of the applicable franchise fee payment base and, at the election of the City,the franchise fee payment base shall be amended to include miscellaneous fees, contributions in aid of construction,bad debt expense, transportation revenues and third-party gas sales and gross receipts fees as well as a favored nations clause with respect to franchise fee payments and franchise fee calculations, substantially in the form of the provisions in Exhibit B. The City acknowledges that TXU Gas has the right to recover from its ratepayers such additional franchise fee payments to the City and the City agrees to cooperate with TXU Gas in order for TXU Gas to pass through to its ratepayers the entire franchise fee payment, as amended, by taking the following actions: (i) as regulatory authority, by adopting and approving the ordinance, rates or tariff which provide for 100%recovery of such franchise fees as part of TXU Gas'rates; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of TXU Gas' franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which a City has intervened, the City will take an affirmative position in any such appeals in support of the 100%recovery of such franchise fees by TXU Gas. The City further agrees COMPROMISE,SETTLEMENT AND RELEASE AGREEMENT-Page 3 EXHIBIT-I? TO 7'1" Page of not to take any action to prevent the recovery of such franchise fees by TXU Gas and to take other action which may be reasonably requested by TXU Gas to provide for the 100% recovery of such franchise fees from TXU Gas' ratepayers. 3. PAYMENTS TO THE CITY Upon execution and delivery of a fully executed and notarized original of this Agreement: A. TXU Gas agrees to pay to the City the sum of$80,447.93. The City acknowledges that TXU Gas has the right to and shall recover this amount from its ratepayers pursuant to the tax adjustment clause applicable to TXU Gas, by applying a surcharge to the monthly bills rendered to its ratepayers,provided that the recovery of such surcharge shall be limited as follows: (1) the surcharge shall be amortized over a period not less than three years, and(2)the accrual balance will not be subject to interest. TXU Gas agrees that the franchise fee paid to the City and recovered from ratepayers under this Agreement will not include any amounts collected in the past from ratepayers. B. TXU Electric agrees to pay, or cause Oncor to pay the City,the sum of$55,212.02. 4. RELEASE OF TXU ELECTRIC,TXU GAS AND THEIR AFFILIATES BY THE CITY Except for claims arising out of a breach of this Agreement, the City of Grapevine, on behalf of itself and its successors and assigns and any and all persons, entities or municipalities claiming by, through or under them,hereby RELEASES,DISCHARGES AND ACQUITS, forever and for all purposes, TXU Electric Company(now known as TXU US Holdings Company), its successor Oncor Electric Delivery Company, TXU Gas Company, including its division TXU Gas Distribution, TXU Corp. and each of their respective agents, employees, officers, directors, COMPROMISE.SETTLEMENT AND RELEASE AGREEMENT-Page 4 EXHIBIT TO o Page S of shareholders,partners, insurers, attorneys, legal representatives, successors and assigns as well as their affiliated corporations, including TXU Business Services Company and TXU Energy Company LLC and its subsidiaries, from and against any and all liability which they now have, have had or may have, and all past,present and future actions, causes of action, claims, demands,damages,costs, expenses, compensation, losses and attorneys' fees of any kind or nature whatsoever, or however described,whether known or unknown, fixed or contingent, in law or in equity,whether asserted or unasserted,whether in tort or contract,whether now existing or accruing in the future arising out of or related to the payment, calculation or rendition of franchise fees to the City on or before December 31, 2001 and all claims which could be asserted against TXU Electric and/or TXU Gas in litigation in any way related to the payment, calculation or rendition of franchise fees by TXU Electric and/or TXU Gas on or before December 31, 2001. This release is intended to only release claims related to the payment, calculation or rendition of franchise fees by TXU Electric and TXU Gas on or before December 31, 2001 and is not intended to release any other claim or cause of action that any party to this Agreement has, known or unknown, or which accrues in the future. 5. WARRANTY AS TO OWNERSHIP OF CLAIMS AND AUTHORITY A. The City warrants and represents that it is the owner of the claims being compromised, settled, discharged and released pursuant to this Agreement and each further warrants and represents that it has not previously assigned all or any part of such claims to another entity or person. The City warrants and represents that there are no liens of any nature, assignments or subrogation interests in or to the money paid to the City under the terms of this Agreement. The City warrants that it will take all action necessary to properly execute and deliver this agreement. COMPROMISE.SETTLEMENT AND RELEASE AGREEMENT-Page 5 EXHIBIT- TO ?� Page _. .._ of B. TXU Electric and TXU Gas warrant that the person(s) executing this Agreement on their behalf has authority to bind the entity for whom such person signs this Agreement. 6. NO ADMISSION OF LIABILITY This Agreement is made to compromise, terminate and to constitute an accord and satisfaction of all of the claims released by this Agreement and TXU Electric and TXU Gas admit no liability, fault or wrongdoing of any nature or kind whatsoever and expressly deny and disclaim any liability, fault or wrongdoing alleged or which could have been alleged with regard to the claims asserted in the Litigation if the City had become a party to the Litigation or any similar claims which might be asserted by the City against TXU Electric and/or TXU Gas. 7. RECOVERY OF DAMAGES DUE TO BREACH In the event of breach by any party of the terms and conditions of this Agreement, a non- breaching party shall be entitled to recover all expenses as a result of such breach, including,but not limited to, reasonable attorneys' fees and costs. MISCELLANEOUS PROVISIONS 8. It is understood and agreed that all agreements and understandings by and between the parties to this Agreement with respect to the payment of franchise fees and the settlement of any claims related to the payment of franchise fees are expressly embodied in this Agreement and that this Agreement supersedes any and all prior agreements, arrangements or understandings between the parties relating to the claims released pursuant to this Agreement or any matters related thereto executed by the parties. 9. The parties acknowledge and agree that the terms of this Agreement are all contractual and not mere recitals. COMPROMISE,SETTLEMENT AND RELEASE AGREEMENT-Page 6 EXHIBIT-A- TO P�= e . '7 of ., 10. The parties acknowledge that they have read this Agreement, understand its terms, and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. 11. This Agreement may not be modified in any manner,nor may any rights provided for herein be waived, except by an instrument in writing signed by each party. 12. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 13. Should any term or any provision of this Agreement be declared invalid by a court of competent jurisdiction,the parties agree that all other terms of this Agreement are binding and have full force and effect as if the invalid portion had not been included. 14. The parties represent and warrant that no party has been induced to enter this Agreement by a statement, action or representation of any kind or character made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. 15. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. The headings contained herein are for convenience and reference only and are agreed, in no way, to define, describe, extend or limit the scope or intent of this Agreement or its provisions. 17. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF,this Agreement has been executed by the parties as of the date set forth. THE CITY OF GRAPEVINE, TEXAS COMPROMISE,SETTLEMENT AND RELEASE AGREEMENT-Page 7 EXHIBIT_ ._ TO a' Page _ .._ of By: Its: Date: TXU ELECTRIC COMPANY n/k/a TXU US HOLDINGS COMPANY By: Its: Date: TXU GAS COMPANY By: Its: Date: STATE OF TEXAS 3 3 COUNTY OF 3 This instrument was acknowledged before me on the day of 2002, by , as on behalf of the City of Notary Public, State of Texas COMPROMISE,SETTLEMENT AND RELEASE AGREEMENT-Page 8 EXHIBIT A TO 0.?619a-5� STATE OF TEXAS 3 Page —2— of ' 3 COUNTY OF TARRANT 3 This instrument was acknowledged before me on the day of 2002, by , of TXU Electric Company n/k/a TXU US Holdings Company,on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS 3 3 COUNTY OF DALLAS 3 This instrument was acknowledged before me on the day of 2002, by , of TXU Gas Company, on behalf of said corporation. Notary Public, State of Texas COMPROMISE,SETTLEMENT AND RELEASE AGREEMENT-Page 9 EXHIBIT-A.... TO �x/aF � ,�M ,-3.2. Page _.L_. of 3.._,� EXHIBIT A AMENDMENT 2002: (Included in Ordinance amending franchise with TXU Electric) A. Effective January 1, 2002, the franchise fee due from Oncor shall be a sum comprised of the following: (1) a charge, as authorized by Section 33.008(b) of PURA, based on each kilowatt hour of electricity delivered by Oncor to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries and as specified by Oncor to the City by letter dated January 21, 2002. (a) The franchise fee due pursuant to Section 33.008(b) of PURA shall be payable in accordance with the existing electric franchise Ordinance No. 60-12 and Ordinance No. 93- 33; and (2) a sum equal to four percent (4%) of gross revenues received by Oncor from services identified in its "Tariff for Retail Delivery Service", Section 6.1.2, "Discretionary Service Charges," items DD1 through DD24, that are for the account or benefit of an end- use retail electric consumer. (a) The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (b) The franchise fee amounts that are due based on "Discretionary Service Charges" shall be paid at least once annually on or before April 30 each year based on the total "Discretionary Service Charges" received during the preceding calendar year. (c) Oncor shall pay franchise payments to the City based on the "Discretionary Service Charges" EXH1B1T.1L TO t.x4 of licFS a-,5"4 Page 2_ of as set forth herein beginning January 1, 2003. B. Oncor Franchise Fee Recovery Tariff (1) Oncor may file a tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. (2) City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Oncor. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Oncor. Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 1 Applicable: Entire Certified Service Area Page 1 of 5 Effective Date:January 1,2002 Revision:Original EXHIBIT TO Ex A of 4 S.loo.2-s-A 6.1.2 - Discretionary Service Charges Page .--j.,--/ of , 1.3 AVAILABILITY Applicable to all Competitive Retailers and Retail Customers served by the Company. The service charges listed below are in addition to any other charges made under Company's Tariff for Retail Delivery Service,and will be applied for the appropriate condition described. Other services not covered by these standard conditions will be charged on the basis of an estimate for the job or the Company's cost plus appropriate adders and will be provided in accordance with Commission Substantive Rules. Charge No. Name and Description Amount DD1 Account Initiation Charge is made for processing a request for distribution service initiation. $ 7.00 DD2 Out-of-Cycle Meter Reading Charge is made each time Competitive Retailer requests,and Company makes,a manual out-of-cycle meter reading. A. During Regular Hours $ 7.25 B. Outside Regular Hours-Non-Holiday $ 78.00 C. Outside Regular Hours-Holiday $ 100.00 DD3 Connection Charge is made for new service connections made outside regular working hours. A. Self Contained Meter $ 89.00 B. Other Connections As Calculated DD4 Retail Customer Requested Clearance Charge is made for activities and expenses involved As Calculated in de-energizing/re-energizing Company facilities to allow Retail Customer or Retail Customer's . contractor to work near Company electrical facilities or on the Retail Customer's facilities. DD5 Disconnect/Reconnect Charge is made for disconnection or reconnection of Retail Customer's distribution service. Disconnect at Meter A. During Regular Hours $ 8.00 Reconnect at Meter B. During Regular Hours-Regular Route $ 10.00 C. During Regular Hours-Special Route $ 28.00 D. Outside Regular Hours-Non Holiday $ 89.00 E. Outside Regular Hours-Holiday $ 115.00 Disconnect at Pole,Weatherhead or Secondary Box F. During Regular Hours $ 44.00 Reconnect at Pole Weatherhead or Secondary Box G. During Regular Hours $ 54.00 H. Outside Regular Hours-Non Holiday $ 155.00 I. Outside Regular Hours-Holiday $ 196.00 DD6 Delivery System Facilities Installation Charge is made pursuant to Section 6.1.2.2 of this As Calculated Tariff for Retail Delivery Service requests involving the installation,construction,or extension of distribution facilities. DD7 Additional Service Design Charge is made for preparing iterative designs to provide service As Calculated to a specific location where such iterations are at the request of the Retail Customer for the Retail Customer's sole benefit. The initial two designs on a project will be included in the system charges,any additional designs will be done at Retail Customer's expense pursuant to this charge. 76 EXHIBIT/I-I TO AX H frKE-5 s� Page _.rte. of ._1 ..r Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 1 Applicable: Entire Certified Service Area Page 2 of 5 Effective Date:January 1,2002 Revision:Original DD8 Temporary Facilities Charge is made in conjunction with short-term construction projects. A. Connect and disconnect service and read a meter already installed,including an Account $ 49.00 Initiation Charge. B. Install and remove single phase service wires and a meter(demand or non-demand)and $ 161.00 read a meter,including an Account Initiation Charge. C. Install and remove single phase service wires,meter and transformer(up to 50 kVA)on $ 653.00 existing pole and read a meter,including an Account Initiation Charge. D. All other temporary facilities installation and removal. As Calculated DD9 Facilities Relocation/Removal Charge is made for relocation or removal of Company As Calculated facilities at the request of and for the benefit of the requestor pursuant to Section 6.1.2.2 of this Tariff for Retail Delivery Service. DD10 Meter Test Charge is made when a Competitive Retailer requests,and Company performs,a meter test and the meter is found to be within the accuracy standards established by the applicable legal authority. $ 23.00 A. Single Phase Self Contained $ 44.00 B. Three Phase Self Contained $ 71.00 C. Single Phase Instrument Rated $ 94.00 D. Three Phase Instrument Rated DD11 PCB Inquiry and Testing Charge is made for activities and expenses involved in the research $ 125.00 required to respond to PCB inquiries regarding Company-owned,mineral oil-filled electrical equipment,plus a lab testing charge if required. Initial charge covers up to four transformers at a specific location. For each additional transformer at the same location,add$20. • A. Lab Testing Charge(if required) As Calculated DD12 Service Call Charge is made for responding to a service call that is determined to be a Retail $ 50.00 Customer problem rather than a Company problem. DD13 Tampering Charge is made for unauthorized reconnection or other tampering with Company $ 147.00 metering facilities or any theft of electric service by any person on the Retail Customer's premises or evidence by whomsoever done at Retail Customer's premises. An additional charge for the cost of repairs and/or replacement of damaged facilities and the installation of protective facilities or relocation of meter is made at cost plus appropriate adders. DD14 Off-Site Meter Reading(OMR)Equipment Installation Charge is made for installation of Company's"Standard Advanced Metering Equipment"designed to transmit information via radio to a hand held meter reading device carried by the meter reader. This allows for the provision of a meter reading without visual contact with the meter. The Company maintains ownership of this equipment. A. During Regular Hours $ 86.00 B. Outside Regular Hours-Non-Holiday $ 152.00 C. Outside Regular Hours-Holiday $ 178.00 DD15 Automated Meter Reading(AMR)Equipment Installation Charge is made for the installation of Company's"Standard Advanced Metering Equipment"designed.to transmit information via telephone to a central location. This allows for the provision of meter reading information on cycle or special reading date at the request of a Competitive Retailer. The Competitive Retailer must secure Retail Customer commitment to maintain a working telephone circuit and Retail Customer's permission to connect Retail Customer's telephone circuit to the meter. The Company maintains ownership of this equipment. A. Single Phase Self Contained $ 202.00 B. Three Phase Self Contained $ 359.00 C. Single Phase Instrument Rated $ 259.00 D. Three Phase Instrument Rated $ 420.00 77 EXtIB1TI. TO Fr AeF sa Page of Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 1 Applicable: Entire Certified Service Area Page 3 of 5 Effective Date:January 1,2001 Revision:Original DD16 Automated Meter Reading(AMR)Charge is made for monthly automated meter reading (AMR). A. AMR-Cycle Meter Read $ 1.50 B. AMR-Specific Date Meter Read $ 6.10 DD17 Advanced Metering Interval Load Data Equipment Installation Charge is made for specific As Calculated requests by Competitive Retailer for installation of Company's"Standard Advanced Metering Equipment"designed to access interval load data via telephone. The Competitive Retailer must secure Retail Customer commitment to maintain a working telephone circuit and Retail Customer's permission to connect Retail Customer's telephone circuit to the meter. The Company maintains ownership of this equipment. DD18 Advanced Metering Interval Load Data Equipment Maintenance Charge is for monthly $ 7.00 • maintenance and telephone support for"Standard Advanced Metering Equipment." DD19 Electrical Pulse Equipment Installation/Replacement Charge is for the installation/replacement of electrical pulse device equipment. A. Installation Charge $ 330.00 B. Replacement Charges 1. Isolation delay $ 212.00 2. Pulse initiator $ 125.00 3. Isolation relay&pulse initiator $ 272.00 4. Enclosure box $ 119.00 DD20 Electrical Pulse Equipment Maintenance Charge is made for the maintenance of electrical $ 10.00 pulse devices. This is an optional service that covers repair/replacement of electric pulse equipment. If Retail Customer does not choose this service,Retail Customer is responsible for replacement charges according to discretionary service charge DD19. DD21 Dual Socket Meter Adapter Installation Charge is made for installation of a dual socket $ 566.00 meter adapter on instrument rated metering facilities to accommodate the Retail Customer's meter. Company maintains ownership of this equipment. Measurements taken from Company's meter will be used to bill Competitive Retailer for non-bypassable charges and for settlement purposes. DD22 Power Factor Correction Equipment Installation Charge is made for the cost of and As Calculated installation of the equipment on Company's Delivery System necessary to correct the Retail Customer's power factor to the level contained in the Company's Tariff for Delivery Service. The Retail Customer will be given the opportunity to correct problem on Retail Customer's premises prior to Company taking this action. DD23 Non-Standard Service Equipment Inspection/Testing Charge is made for the periodic $ 58.00 inspection/testing of electric distribution facilities installed at the request of Retail Customer to enhance service reliability. 78 I I (J irsiimiLarsimmaimMiex►.7aS Pala -4.-- of /3 Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 1 Applicable: Entire Certified Service Area Page 4 of 5 Effective Date:January 1,2002 Revision: Original LiDD24 Distributed Generation Pre-Interconnection Study Fee is made for studies that may be )D24 and conducted by Company for the interconnection of distributed generation on the Company's delivery system. NON-EXPORTING A. O to 10 kW 1. Pre-certified,not on network $ 0 2. Not pre-certified,not on network $ 220 3. Pre-certified,on network $ 200* 4. Not pre-certified on network ._ $ 330 B. 10+ to 500 kW 1. Pre-certified,not on network $ 180** 2. Not pre-certified,not on network $ 320 3. Pre-certified,on network • $ 960* 4. Not pre-certified on network $ 1,725 C. 500+ to 2000 kW 1. Pre-certified,not on network $ 510 2. Not pre-certified,not on network $ 650 3. Pre-certified,on network $ 2,550 4. Not pre-certified on network $ 2,550 D. 2000+kW 1. Pre-certified,not on network $ 860 2. Not pre-certified,not on network $ 1,000 3. Pre-certified,on network $ 3,000 4. Not pre-certified on network $ 3,653 • EXPORTING A. O to 10 kW 1. Pre-certified,not on network $ 0 2. Not pre-certified,not on network $ 220 3. Pre-certified,on network $ 200* 4. Not pre-certified on network $ 330 B. 10+ to 500 kW 1. Pre-certified,not on network $ 180** 2. Not pre-certified,not on network $ 320 3. Pre-certified,on network $ 1,290* 4. Not pre-certified on network $ 1,890 C. 500+ to 2000 kW 1. Pre-certified,not on network $ 510 2. Not pre-certified,not on network $ 650 3. Pre-certified,on network $ 3,300 4. Not pre-certified on network $ 3,440 D. 2000+kW $ 860 1. Pre-certified,not on network 2. Not pre-certified,not on network $ 1,000 3. Pre-certified,on network $ 3,650 4. Not pre-certified on network $ 3,780 * No cost for inverter systems less than 20 kW. **No cost if generator supplies less than 15%of feeder load and less than 25%of feeder fault I current. 79 EXF1131T -/ , TO Ac '�s s� Tariff for Retail Delivery Service Page of Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 1 Applicable: Entire Certified Service Area Page 5 of 5 Effective Date:January 1, 2002 Revision: Original DD25 Retail Delivery Service Switchover Charge is made for a request to switch service to a consuming facility to another utility that has the right to serve the facility and shall be handled pursuant to Public Utility Commission of Texas Substantive Rule§25.27,a copy of which will be provided upon request. Self Contained A. Base Charge $ 250.00 B. Base Charge Adder $ 115.00 Instrument Rated C. Base Charge $ 455.00 D. Base Charge Adder $ 255.00 E. Facilities Recovery Charge As Calculated DD26 Miscellaneous Discretionary Service Charge is made for discretionary services not covered As Calculated by the standard conditions above and provided in accordance with Commission Substantive . Rules and are charged on the basis of an estimate for the job or the Company's cost plus appropriate adders. TD1(R) Transmission Facilities Relocation Study Charge is made for a study performed by As Calculated Company at request of Retail Customer for the relocation of transmission or substation facilities. TD2(R) Transmission Facilities Relocation Charge is made for the relocation of transmission As Calculated facilities at request of Retail Customer. TD3(R) Power Factor correction Facilities Installation Charge is made for the installation of power As Calculated factor correcting facilities by Company due to failure of Retail Customer to maintain required power factor. TD4(R) Miscellaneous Transmission Discretionary Services Charge is made for additional As Calculated transmission related discretionary services as requested by Retail Customer in accordance with Commission Substantive Rules and Company's Commission-approved service regulations. • 80 EXHIBIT 41 TO gxADF PFsaooa-5°1' PaQG la— of _..L .�... Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 1 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date:January 1,2002 Revision:Original 6.1.2.1 - Discretionary Charges - Other Than Construction Service Charges AVAILABILITY Applicable to all Competitive Retailers and Retail Customers served by the Company. The service charges listed below are in addition to any other charges made under Company's Tariff for Retail Delivery Service,and will be applied for the appropriate condition described. Other services not covered by these standard conditions will be charged on the basis of an estimate for the job or the Company's cost plus appropriate adders and will be provided in accordance with Commission Substantive Rules. Discretionary Charges-Other Than Construction Service Charges include: DD1 Account Initiation Charge DD2 Out-of-Cycle Meter Reading Charge DD3 Connection Charge DD4 Retail Customer Requested Clearance Charge DD5 Disconnect/Reconnect Charge DD10 Meter Test Charge DD11 PCB Inquiry and Testing Charge DD12 Service Call Charge I DD13 Tampering Charge DD14 Off-Site Meter Reading(OMR)Equipment Installation Charge DD15 Automated Meter Reading(AMR)Equipment Installation Charge DD16 Automated Meter Reading(AMR)Charge DD17 Advanced Metering Interval Load Data Equipment Installation Charge DD18 Advanced Metering Interval Load Data Equipment Maintenance Charge DD19 Electrical Pulse Equipment Installation/Replacement Charge DD20 Electrical Pulse Equipment Maintenance Charge DD21 Dual Socket Meter Adapter Installation Charge DD22 Power Factor Correction Equipment Installation Charge DD23 Non-Standard Service Equipment Inspection/Testing Charge DD24 Distributed Generation Pre-Interconnection Study Fee DD25 Retail Delivery Service Switchover Charge DD26 Miscellaneous Discretionary Service Charge TD3(R) Power Factor Correction Facilities Installation Charge TD4(R) Miscellaneous Transmission Discretionary Services Charge 81 EXH 31T1 -L TO RA des, -sue Tariff for Retail Delivery Service Page _1_ of _La__ Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet:2 Applicable: Entire Certified Service Area Page 1 of 5 Effective Date:January 1,2002 Revision:Original 6.1.2.2 - Discretionary Charges - Construction Service AVAILABILITY Applicable to all Competitive Retailers and Retail Customers requesting construction services by the Company,in accordance with Section 5.7 of this Tariff. The service charges listed below are in addition to any other charges made under Company's Tariff for Retail Delivery Service,and will be applied for the appropriate condition described. Other services not covered by these standard conditions will be charged on the basis of an estimate for the job or the Company's cost plus appropriate adders and will be provided in accordance with Commission Substantive Rules. Discretionary Charges for Construction Service include: DD6 Delivery System Facilities Installation Charge DD7 Additional Service Design Charge DD8 Temporary Facilities Charge DD9 Facilities Relocation/Removal Charge TD1(R) Transmission Facilities Relocation Study Charge TD2(R) Transmission Facilities Relocation Charge 6.1.2.2.1 General: Distribution Facilities Company is responsible for the construction,extension,upgrade,or alteration of Delivery System facilities necessary to connect Retail Customer's Point of Delivery to Company's Delivery System in conjunction with Section 5.7,FACILITIES EXTENSION POLICY and the terms and conditions contained herein. Company makes extension of Delivery System facilities to Retail Customer's electrical installation so as to minimize the cost of such extension. Extension is normally made at no cost to Retail Customer except in those instances where the cost of the requested extension of Company's facilities is in excess of the standard allowances stated herein,or where the installation of non-standard facilities is requested. In these instances,a contribution in aid of construction("CIAC")is required from Retail Customer for all extensions where the estimated cost of the extension is in excess of the standard allowances. 6.1.2.2.1.1 Standard Distribution Facilities Company's standard distribution facilities consist of the Delivery System facilities necessary to transport Electric Power and Energy from a single,single-phase or three-phase distribution source to Retail Customer at one Point of Delivery,with one standard Meter,at one of Company's available standard voltages. 6.1.2.2.1.2 Non-standard Facilities Non-standard facilities include but are not limited to a two-way feed,automatic and manual transfer switches,service through more than one point of delivery,redundant facilities,facilities in excess of those normally required for service,or facilities necessary to provide service at a non-standard voltage. If Retail Customer desires Delivery Service utilizing non-standard facilities,as described above,and not covered elsewhere in these Service Regulations,then Company may construct such facilities pursuant to Section 5.7.5,NON-STANDARD FACILITIES and Section 6.1.2.2.6,NON-STANDARD FACILITY EXTENSIONS. 6.1.2.2.1.3 Retail Customer's Electrical Installation Retail Customer's Electrical Installation must comply with the requirements set forth in Section 5.4,ELECTRICAL INSTALLATION AND RESPONSIBILITIES,Section 5.5,RETAIL CUSTOMER'S ELECTRICAL LOAD,and Section 5.6,LIMITATIONS ON USE OF DISTRIBUTION SERVICE of this Tariff. 6.1.2.2.1.4 Space Requirements Retail Customer grants to or secures for Company,at Retail Customer's expense,any rights-of-way on property owned or controlled by Retail Customer which are necessary for Company to install Delivery System facilities for the purpose of delivering Electric Power and Energy to the Retail Customer. Retail Customer provides,without cost to Company,suitable space on Retail Customer's premises for the installation of Delivery System facilities necessary to transport Electric Power and Energy to the Retail Customer and for installation of Company's metering facilities. 6.1.2.2.2 Overhead Delivery Service 6.1.2.2.2.1 Standard Service Drop Company provides,installs,and maintains Service Drop to the Point of Delivery approved by Company. Retail Customer provides 82 E v!!:17T. ' t TO J17 or XEs dcr2-5e Faso . 9 of Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 2 Applicable: Entire Certified Service Area Page 2 of 5 Effective Date:January 1,2002 Revision:Original 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 Retail Customer's Premises at the point of attachment for Company's service drop. Company may install bracket on Retail Customer's wood structure or building where Retail Customer provides visible support acceptable to Company for bracket. For structures other than wood,Retail Customer provides adequate support approved by Company and installs bracket. 6.1.2.2.2.2 Service Entrance Conductor Retail Customer's Service Entrance Conductors are terminated on the outside of the service head and will not be less than 24 inches or the minimum length required by local ordinances,whichever is greater. The connections between the Retail Customer's service entrance conductors and the Company's Service Drop conductors are made by Company. 6.1.2.2.2.3 Connections at Point of Delivery Company makes connections of Company's conductors to Retail Customer's conductors at the Point of Delivery. 6.1.2.2.3 Underground Delivery Service Underground service is provided to Retail Customer under the following conditions: • a) Location and routing of Company's Delivery System is determined by Company. b) Prior to beginning of construction,Retail Customer provides easements at no cost to Company for the underground conductors, padmount transformers and associated equipment. c) Company may extend its conductors to Retail Customer's switchgear or service entrance enclosure when Company considers such conductors as being outside of building. d) Before the installation of Company's underground Delivery System facilities,Retail Customer completes rough site grading, establishes final grade along the conductor route,and clears area of all obstructions.Any installation of obstructions(such as asphalt or concrete walk,driveway,street,alley,parking facilities,etc.)which interfere with the installation of Company facilities will be corrected by and at the expense of Retail Customer.No change is made in the grade along the conductor route or easement without consent of Company. Any change in grade which requires the lowering or raising of electrical conductors or associated equipment is at the expense of Retail Customer. e) Competitive Retailer or Retail Customer pays any amount due under this Rate Schedule,as applicable. 6.1.2.2.3.1 Delivery Service from Company's Existing Underground Delivery System In certain areas of the Company's Delivery System,since substantial investments have been made in underground service facilities and overhead service extensions into these areas are impractical and would nullify the benefits of past investments,Company retains the right to limit Delivery Service to Retail Customer from Company's existing underground Delivery System. The phase and voltage of Delivery Service in areas served from Company's underground Delivery System may be limited to that which can be provided from existing facilities. 6.1.2.2.3.2 Service Lateral Company furnishes,installs and maintains the Service Lateral connecting Company's Delivery System to Retail Customer's Point of Delivery. Where Retail Customer installs or plans to install obstructions(asphalt or concrete walk,driveway,retaining wall,paved parking lot,etc.)in the path of Company's service lateral,Company will require Retail Customer to provide and install Raceway for Company's service lateral to Company specifications.Should Retail Customer not install necessary Raceway for Service Lateral prior to the installation of obstructions or should Retail Customer's service route change after the installation of obstructions where no Raceway exists for new Service Lateral location,Retail Customer must make the necessary Raceway installations prior to Service Lateral installations. 6.1.2.2.3.3 Transformer and Equipment Company provides,installs,owns and maintains transformer and equipment for Retail Customers taking service at secondary voltage. Retail Customer provides without cost to Company space on Retail Customer's Premises suitable to Company for the installation of transformers and other equipment required to provide Delivery Service to the Retail Customer.Retail Customer provides adequate and accessible pad space as determined by Company to allow transformer equipment maintenance and replacement. Required space for equipment considers any above ground construction or portion of a building which extends over the pad. Passageways adequate to accommodate trucks or other necessary lifting and hauling equipment are provided by Retail Customer to allow replacement of transformers and other devices. 6.1.2.2.3.4 Vault When a vault for Company's transformers,switchgear or other facilities is required on Retail Customer's Premises,and location is acceptable to Company,Retail Customer provides and installs the vault in accordance with Company specifications. If the vault is 83 EXH :SIT A-/ , TQ FxA IFIsaOt Sa Tariff for Retail Delivery Service Pryo of `; Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet:2 Applicable: Entire Certified Service Area Page 3 of 5 Effective Date:January 1,2002 Revision:Original located inside or under Retail Customer's building,Retail Customer provides the necessary Raceway for Company's conductors so that such conductors are Conductors Considered Outside of Building. Company installs in the vault,transformers and/or other facilities necessary to provide Delivery Service to the Retail Customer. The Retail Customer is responsible for shielding or limiting utilization of adjoining building sections as necessary to limit noise and electromagnetic emissions. The Retail Customer is responsible for the cost of conducting studies and measurements to project or determine levels of emissions.Retail Customer takes Delivery Service at the secondary terminals of Company transformers or other facilities located in the vault as specified by Company. Under any other conditions,Retail Customer takes service outside the building. 6.1.2.2.4 Meter All Meters used to measure the amount of Electric Power and Energy delivered by Company for use in the calculation of Delivery System Charges are owned,installed and maintained by Company. All Meter transformers and transockets shall be furnished and owned by Company for these purposes.Where Retail Customer requests the installation of a Meter other than Company's standard Meter,Retail Customer pays the appropriate installation and monthly maintenance cost in accordance with the applicable rate schedule in Section 6.1.2 of this Tariff. Company may,at its option and at its expense,relocate any Company-owned meter. In case of a relocation made necessary due to inaccessibility,hazardous location,or dangerous conditions for which Retail or Wholesale Customer is responsible,or in order to prevent a recurrence of unauthorized use of Delivery Service or tampering with Company equipment,Retail Customer's Competitive Retailer or Wholesale Customer may be required to relocate the metering equipment to a location agreeable to Company. Under no circumstances is any meter installation to be moved or relocated except as authorized by Company. 6.1.2.2.5 Standard Facility Extensions: Distribution Extension of standard facilities to permanent Retail Customers within Company's certificated area where the estimated cost to extend facilities does not exceed the standard allowances stated herein,will be provided to Retail Customers at no cost. The cost of the extension is calculated using the route of the new line,as determined by Company,from Company Delivery System facilities,which includes primary,secondary,and service drop for overhead facilities or service lateral for underground facilities,to the Point of Delivery. When two or more applications for Delivery Service from the same extension are received prior to starting construction of the extension, the maximum allowance is the sum of each individual applicant's standard allowance. Retail Customer makes a one-time non-refundable CIAC for the cost of providing an extension in excess of the stated allowances. Company makes extension of electric service to Retail Customer's electrical installation so as to minimize the cost of such extension. Extension is normally made at no cost to Retail Customer except in those instances where the requested extension of Company's facilities is not economically justified. 6.1.2.2.5.1 Overhead Extensions for Small Loads Company makes extension of overhead single phase electric service without charge to permanent Retail Customers having an estimated maximum annual demand of less than 20 kW,for a distance of up to 300 feet if electric service desired by Retail Customer is of the type and character of electric service which Company provides. The distance of the extension is measured using the route of the new line from Company distribution facilities,which includes primary,secondary and service drop to the point of delivery. When two or more applications for electric service from the same extension are received prior to starting construction of the line extension,the maximum length of the overhead extension provided at no charge is up to the number of applicants times 300 feet. Retail Customer makes a one time non-refundable contribution in aid of construction for the cost of providing an extension in excess of such amount based upon an estimated cost per foot for the type of facility installed. 6.1.2.2.5.2 Underground Extensions for Sm all Loads Company makes extension of underground single phase electric service without charge to permanent Retail Customers having an estimated maximum annual demand of less than 20 kW if electric service desired by Retail Customer is of the type and character of electric service which Company provides,and if the cost of the extension does not exceed an amount equivalent to 300 feet of overhead radial single phase circuit. The cost of the extension is calculated using the route of the new line from Company distribution facilities, which includes primary,secondary and service lateral to the point of delivery. When two or more applications for electric service from the same extension are received prior to starting construction of the line extension,the extension will be provided without charge if the total cost of the extension does not exceed an amount equal to the number of applicants times an amount equivalent to 300 feet of overhead radial circuit. Retail Customer makes a one time non-refundable contribution in aid of construction for the cost of providing an extension in excess of such amount based upon either an estimated cost per foot for the type of facility installed or a specific cost study. 6.1.2.2.5.3 Calculation of Contribution in Aid of Construction ("CIAC")for All Other Extensions The amount of the CIAC for Delivery System Construction Service is determined by the appropriate formula below. If the amount calculated below is zero or negative,no contribution in aid of construction is required for provision of Construction Service. All calculations and component costs used in the determination of the contribution in aid of construction will be provided to Retail Customer upon request. 84 EXHIBIT f4-/ TO E A a Kaskel-SS Tariff for Retail Delivery Service PLICO • Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 2 Applicable: Entire Certified Service Area Page 4 of 5 Effective Date:January 1,2002 Revision:Original Retail Customers with a Maximum kW Demand Greater Than or Equal to 20 kW Amount=Direct Cost—(Standard Allowance Factor x Maximum kW Demand) Direct Cost- The current average cost of each component of Delivery System facilities necessary to provide Delivery Service to Retail Customer,determined by a computer estimate of all necessary expenditures,including,but not limited to metering,services,transformers,and rearrangement of existing Delivery System facilities. This cost includes only the cost of the above-mentioned facilities that are necessary to provide Delivery Service to the particular Retail Customer requesting service and does not include the costs of facilities necessary to meet future load growth anticipated to develop within two(2)years,or to improve the service reliability in the general area for the benefit of existing and future Retail Customers. Standard Allowance Factor- The appropriate factor set forth below for all Retail Customers with a Maximum kW Demand greater than or equal to 20 kW,by rate class.M� , Rate Class Standard Allowance Factor General Service Secondary $98/kW General Service Primary $94/kW High Voltage $53/kW Maximum kW Demand- c Company's estimate of Retail Customer's maximum 15-minute kW demand based on expected usage patterns and load or equipment data supplied by Retail Customer. 6.1.2.2.5.4 Retail Customer Requested Facility Upgrades In the case of upgrades to Delivery System facilities necessitated by Retail Customer adding load in excess of existing Delivery System facility capacity,only the cost of the facility upgrades that are attributable to the Retail Customer's request are included in calculating a CIAC. The Maximum kW Demand amounts used in the CIAC calculation found in the subsection above shall reflect only the additional estimated kW demand directly attributable to the added load. 6.1.2.2.5.5 Unused Allowance Under no circumstance shall any unused allowance be paid or credited to the Retail Customer or used to reduce the cost for installation of non-standard distribution facilities or non-standard street lighting facilities. 6.1.2.2.6 Non-Standard Facility Extensions: Distribution If Retail Customer desires Delivery System service which involves non-standard facilities as described in Section 6.1.2.2.1.2 of this Tariff, in addition to the cost in excess of the standard allowance described in Section 6.1.2.2.5.3 for construction of standard facilities,if any, Retail Customer pays Company prior to Company's construction of non-standard facilities the total estimated cost of all non-standard facilities to meet Retail Customer's request. Company may terminate the provision of any Delivery Service utilizing non-standard facilities at the end of the contract term,or in the absence of a contract term,on reasonable notice to Retail Customer's Competitive Retailer. 6.1.2.2.7 Temporary Delivery System Facilities: Distribution Retail Customer pays Company prior to Company's constructing temporary Delivery System facilities an amount equal to the estimated cost of installing and removing the facilities,plus the estimated costs of materials to be used which are unsalvageable after removal of the installation as set forth in Section 6.1.2 of this Tariff. 6.1.2.2.8 Removal and Relocation of Company's Facilities: Distribution Company may remove or relocate Company facilities at Retail Customer's request. If removal or relocation of Company facilities is associated with a change in Retail Customer's distribution requirements that results in additional revenue to the Company,such removal or relocation costs will be included as a direct cost in the calculation of the contribution in aid of construction,and the amount due from Retail Customer will be based on the provisions of Section 6.1.2.2.5,"Calculation of Contribution in Aid of Construction". The Maximum kW Demand amounts used in the CIAC calculation shall reflect only the additional kW demand directly attributing to the added revenue to the Company.In all other cases,Retail Customer pays the total cost of removing or relocating such facilities. 6.1.2.2.9 General: Transmission and Transformation Facilities Transmission facilities are those facilities operated at 60 kilovolts or above. Transformation facilities are those facilities from the high voltage side of the load serving substation transformer through the remainder of the substation. Company is responsible for the construction,extension,upgrade,or alteration of transmission and transformation facilities necessary to connect Retail Customer's 85 E. ►IMIT 14-1 , TO '119 of &X atve215A Tariff for Retail Delivery Service Pao __11 r f /3 Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet: 2 Applicable: Entire Certified Service Area Page 5 of 5 Effective Date:January 1,2002 Revision:Original Point of Delivery to Company's Delivery System in conjunction with Section 5.7,FACILITIES EXTENSION POLICY and the terms and conditions contained herein. Company makes extension of Delivery System facilities to Retail Customer's electrical installation so as to minimize the cost of such extension. Extension is normally made at no cost to Retail Customer except in those instances where the installation of non-standard facilities is requested. In these instances,a contribution in aid of construction("CIAO")is required from Retail Customer. 6.1.2.2.9.1 Standard Facilities Company's standard facilities consist of the overhead Delivery System facilities necessary to transport Electric Power and Energy from a single,transmission or transformation source to Retail Customer at one Point of Delivery,with one standard Meter,at one of Company's available standard voltages. 6.1.2.2.9.2 Non-standard Facilities Non-standard facilities include but are not limited to a two-way feed,underground facilities,automatic and manual transfer switches, service through more than one point of delivery,redundant facilities,facilities in excess of those normally required for service,or facilities necessary to provide service at a non-standard voltage. If Retail Customer desires Delivery Service utilizing non-standard facilities,as described above,and not covered elsewhere in these Service Regulations,then Company may construct such facilities pursuant to Section 5.7.5,NON-STANDARD FACILITIES and Section 6.1.2.2.11,NON-STANDARD FACILITY EXTENSIONS. 6.1.2.2.9.3 Retail Customer's Electrical Installation Retail Customer's Electrical Installation must comply with the requirements set forth in Section 5.4,ELECTRICAL INSTALLATION AND RESPONSIBILITIES,Section 5.5,RETAIL CUSTOMER'S ELECTRICAL LOAD,and Section 5.6,LIMITATIONS ON USE OF DISTRIBUTION SERVICE of tf}is Tariff. Company makes connections of Company's conductors to Retail Customer's conductors at the Point of Delivery. 6.1.2.2.9.4 Space Requirements Retail Customer grants to or secures for Company,at Retail Customer's expense,any rights-of-way on property owned or controlled by Retail Customer which are necessary for Company to install Delivery System facilities for the purpose of delivering Electric Power and Energy to the Retail Customer. Retail Customer provides,without cost to Conwany,suitable space on Retail Customer's premises for the installation of Delivery System facilities necessary to transport Electric Power and Energy to the Retail Customer and for installation of Company's metering facilities. 6.1.2.2.10 Standard Facility Extension: Transmission and Transformation Extension of standard transmission and transformation facilities to permanent Retail Customers within Company's certificated area will be provided to Retail Customers at no cost. The cost of the standard extension is calculated using the route of the new line,as determined by Company,from Company Delivery System facilities,which includes transmission and transformation facilities,to the Point of Delivery. 6.1.2.2.10.1 Retail Customer Requested Facility Upgrades In the case of upgrades to transmission or transformation facilities necessitated by Retail Customer adding load in excess of existing facility capacity,standard facility upgrades that are attributable to the Retail Customer's request will be provided to Retail Customer at no cost. 6.1.2.2.11 Non-Standard Facility Extensions: Transmission and Transformation If Retail Customer desires transmission or transformation service which involves non-standard facilities as described in Section 6.1.2.2.9 of this Tariff,Retail Customer pays Company prior to Company's construction of non-standard facilities the total estimated cost of all non- standard facilities to meet Retail Customer's request,unless Company and Retail Customer agree on another mutually acceptable arrangement. Company may terminate the provision of any Delivery Service utilizing non-standard facilitiesat the end of the contract term,or in the absence of a contract term,on reasonable notice to Retail Customer's Competitive Retailer. 6.1.2.2.12 Temporary Delivery System Facilities: Transmission and Transformation Retail Customer pays Company prior to Company's constructing temporary transmission or transformation facilities an amount equal to the estimated cost of installing and removing the facilities,plus the estimated costs of materials to be used which are unsalvageable after removal of the installation. 86 4--/ TO ,-sf A DF,ecs Tariff for Retail Delivery Service F9 Lg. of , /_3 Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet:3 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date:January 1,2002 Revision:Original 6.1.2.3 - Distributed Generation Company will allow the interconnection and parallel operation of on-site Distributed Generation("DG")with Company's distribution system in accordance with Commission Substantive Rules 25.211 and 25.212. For purposes of this Section,Distributed Generation refers to an electrical generating facility located at a Retail Customer's point of delivery of ten megawatts(10 MW)or less and connected at a voltage less than or equal to 60 kilovolts(kV). Sales of power by a distributed generator in the wholesale market are subject to the provisions of Commission Substantive Rules. Interconnection Requirements Availability Retail Customers requesting interconnection and parallel operation of Distributed Generation shall complete the Commission approved Application for Interconnection and Parallel Operation of Distributed Generation with the Utility System contained in Section 6.3 of these Service Regulations. Pre-Interconnection Studies Company shall perform pre-interconnection studies,which shall include a service study,coordination study,and utility system impact study,as needed in compliance with Commission Substantive Rules 25.211 and 25.212. In instances where such studies are deemed necessary,the scope of such studies shall be based on the characteristics of the particular distributed generation facility to be interconnected and the Company's distribution system at the specific proposed location. Company shall charge fees for Pre- Interconnection Studies pursuant to the applicable rate schedule contained in Section 6.1.2 of this Tariff. Agreement Upon determination that the Retail Customer's facility is consistent with the safe and reliable operation of the Company's distribution system and Retail Customer elects to pursue interconnection and parallel operation of Retail Customer's Distributed Generation facility, Company and Retail Customer shall enter into an Agreement for Interconnection and Parallel Operation of Distributed Generation contained in Section 6.3 of this Tariff,which sets forth the contractual conditions under which Company and Retail Customer agree that one or more facilities may be interconnected with the Company's distribution system. Technical Requirements Retail Customer's installation must comply with the technical requirements and Retail Customer must comply with procedures set forth in Commission Substantive Rule 25.212 for safe and effective connection and operation of Distributed Generation,which describes typical interconnection requirements. Company may require Retail Customer to install and use of more sophisticated protective devices and operating schemes when the DG facility is exporting power to the Company's system or when otherwise required due to specific interconnection location and conditions. Distribution Service to DG Distribution service provided to a Retail Customer operating Distributed Generation in parallel with the Company's distribution system is available pursuant to this Tariff and agreements for such distribution service. 87 EXH:CI .A-i To 4-x A oPEFA dew-5A Tariff for Retail Delivery Service Pz;,73 / Of /3 Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Sheet:4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date:Janua 1,2002 Revision:Ori.inal 6.1.2.4 - Additional Discretionary Charges NOT APPLICABLE 88 EXHIBIT- TO A 19 oic 4-5 o?°42-5; Page of 4 EXHIBIT B AMENDMENT 2002 (Included in Ordinance Amending Franchise Agreement with TXU GAS) A. Effective January 1, 2002, the consideration payable by TXU Gas for the rights and privileges granted to TXU Gas by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TXU Gas is hereby changed to be four percent (4%) of the Gross Revenues, as defined in Section 1.B. below, received by TXU Gas. Except as otherwise provided in Section 1.C., the date of payment of the consideration shall remain as stated in Ordinance No. 86-02 as amended by Ordinance No. 94-104, provided however, that Section 2 of Ordinance No. 94-104 shall remain unchanged as it relates to the percent of gross receipts received by TXU Gas from the sale of gas to governmental consumers and users within the corporate limits of the City that own and operate a regional airport pursuant to the Municipal Airports Act, as amended. B. "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by the Company from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: (1) all revenues received by the Company from the sale of gas to all classes of customers within the City; (2) all revenues received by the Company from the transportation of gas through the pipeline system of Company within the City to customers located within the City; (3) the value of gas transported by Company for Transport Customers through the System of Company within the City ("Third Party Sales"), with the value of such gas to be reported by each Transport Customer to the Company, provided, however, that should a Transport Customer refuse to furnish Company its gas purchase price, Company shall estimate same by utilizing TXU Gas Distribution's monthly industrial Weighted Average Cost of Gas, as reasonably near the time as the transportation service is performed; and TO X,9 0P:e.... o?Aa.?-c PZ t -.rj��.__. of --! . (4) "Gross revenues" shall include: (a) other revenues derived from the following 'miscellaneous charges': i. charges to connect, disconnect, or reconnect gas within the City; ii. charges to handle returned checks from consumers within the City; iii. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and iv. contributions in aid of construction" ("CIAC"); (b) revenues billed but not ultimately collected or received by the Company; (c) gross receipts fees; and (d) revenues from the lease, license or use of City Rights-of-Way as set forth in Section 1. F of this Ordinance. (5) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of the Company; (b) sales taxes; and (c) any interest income earned by the Company; and (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's right of way. TO Lide_ -S� f _ of 'f C. Calculation and Payment of Franchise Fees Based on CIAC (1) The franchise fee amounts based on "Contributions in aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (2) The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU Gas (1) If TXU Gas should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by TXU Gas to City pursuant to this Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Subsection D apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. E. TXU Gas Franchise Fee Recovery Tariff (1) TXU Gas may file with the City a tariff amendment(s) to provide for the recovery of the franchise fees under this amendment. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as Ea l i 1? T4 -SA Fc,; 3 4 of part of TXU Gas' rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of TXU Gas' franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by TXU Gas. F. Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to lease, license or otherwise grant to a party other than TXU Gas the use of its facilities within the City's public rights-of-way provided: (i) TXU Gas first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the facilities; and the name and telephone number of a contact person associated with such lessee, licensee or user; (ii) TXU Gas makes the franchise fee payment due on the revenues from such lease or license pursuant to Sections I.A. and I.B. of this Ordinance; and (iii) TXU Gas receives compensation and/or revenue for such license or lease for which TXU Gas pays a franchise fee to the City. This authority to Lease Facilities Within City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees.