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Item 6DCITY OF SOUTHLAKE MEMORANDUM June 14, 2011 To: Shana Yelverton, City Manager From: Sharen Jackson, Finance Director Subject: Ordinance No. 1007, 2 nd Reading, Approving a negotiated resolution between the Steering Committee of Cities served by Oncor and Oncor Electric Delivery Company, LLC regarding the company's application to increase electric rates. Action Requested: Approval of Ordinance No. 1007. Background Information: The City, along with approximately 160 other cities served by Oncor Electric Delivery Company LLC ( "Oncor ") is a member of the Steering Committee of Cities Served by Oncor ( "Steering Committee "). On January 7, 2011, Oncor filed with the City an application to increase electric rates. The Oncor filing sought a $353 million rate increase. The City worked with the Steering Committee to analyze the schedules and evidence offered by Oncor to support its request to increase rates. Rates cannot change and the Settlement Agreement with Oncor cannot be implemented without passage of rate ordinances by cities. The purpose of the Ordinance is to approve rate tariffs ( "Attachment A" and "Attachment B ") that reflect the negotiated rate changes pursuant to the process and to ratify a Settlement Agreement recommended by the Steering Committee. As a result of the negotiations, the Steering Committee was able to reduce the Company's requested $353 million increase to $136.7 million (a decrease of over 60% of the Company's request). Approval of the Ordinance will result in the implementation of new rates that increase Oncor's revenues in two phases: by $93.7 million effective July 1, 2011 (i.e. "Attachment A ") and by $43 million effective January 1, 2012 ( "Attachment B "). The monthly bill impact for the average residential customer will be a $2.35 increase (as opposed to the $5.00 per bill increase as proposed in the Company's filing). During the time that the City has retained original jurisdiction in this case, consultants working on behalf of the Steering Committee have investigated the support for the Company's requested rate increase. While the evidence does not support the $353 million increase requested by the Company, the Steering Committee consultants agree that the Company can justify an increase in revenues of $136.7 million. The agreement on $136.7 million is a compromise between the positions of the parties. The alternative to a settlement of the filing would be a contested case proceeding before the Public Utility Commission of Texas on the Company's current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. The Executive Committee and counsel for the Steering Committee recommend that Steering Committee member cities take action to approve the Ordinance authorizing new rate tariffs. Financial Considerations: None Strategic Link: F1 Adhere to financial management principles and budget Citizen Input/ Board Review: Public Hearing scheduled for June 21, 2011. Legal Review: Ordinance prepared by Steering Committee attorneys, Lloyd Gosselink Rochelle & Townsend, P.C. Alternatives: Deny Ordinance Supporting Documents: Ordinance No 1007 Tariff -phase 1 (Attachment A) Tariff -phase 2 (Attachment B) Settlement Agreement (Attachment C) Staff Recommendation: Approve Ordinance No. 1007 CITY OF SOUTHLAKE MEMORANDUM June 14, 2011 To: Shana Yelverton, City Manager From: Sharen Jackson, Finance Director Subject: Ordinance No. 1007, 2 nd Reading, Approving a negotiated resolution between the Steering Committee of Cities served by Oncor and Oncor Electric Delivery Company, LLC regarding the company's application to increase electric rates. Action Requested: Approval of Ordinance No. 1007. Background Information: The City, along with approximately 160 other cities served by Oncor Electric Delivery Company LLC ( "Oncor ") is a member of the Steering Committee of Cities Served by Oncor ( "Steering Committee "). On January 7, 2011, Oncor filed with the City an application to increase electric rates. The Oncor filing sought a $353 million rate increase. The City worked with the Steering Committee to analyze the schedules and evidence offered by Oncor to support its request to increase rates. Rates cannot change and the Settlement Agreement with Oncor cannot be implemented without passage of rate ordinances by cities. The purpose of the Ordinance is to approve rate tariffs ( "Attachment A" and "Attachment B ") that reflect the negotiated rate changes pursuant to the process and to ratify a Settlement Agreement recommended by the Steering Committee. As a result of the negotiations, the Steering Committee was able to reduce the Company's requested $353 million increase to $13.6 million (a decrease of over 60% of the Company's request). Approval of the Ordinance will result in the implementation of new rates that increase Oncor's revenues in two phases: by $93.7 million effective July 1, 2011 (i.e. "Attachment A ") and by $43 million effective January 1, 2012 ( "Attachment B "). The monthly bill impact for the average residential customer will be a $2.35 increase (as opposed to the $5.00 per bill increase as proposed in the Company's filing). During the time that the City has retained original jurisdiction in this case, consultants working on behalf of the Steering Committee have investigated the support for the Company's requested rate increase. While the evidence does not support the $353 million increase requested by the Company, the Steering Committee consultants agree that the Company can justify an increase in revenues of $136.7 million. The agreement on $136.7 million is a compromise between the positions of the parties. The alternative to a settlement of the filing would be a contested case proceeding before the Public Utility Commission of Texas on the Company's current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. The Executive Committee and counsel for the Steering Committee recommend that Steering Committee member cities take action to approve the Ordinance authorizing new rate tariffs. Financial Considerations: None Strategic Link: F1 Adhere to financial management principles and budget Citizen Input/ Board Review: Public Hearing scheduled for June 21, 2011. Legal Review: Ordinance prepared by Steering Committee attorneys, Lloyd Gosselink Rochelle & Townsend, P.C. Alternatives: Deny Ordinance Supporting Documents: Ordinance No 1007 Tariff -phase 1 (Attachment A) Tariff -phase 2 (Attachment B) Settlement Agreement (Attachment C) Staff Recommendation: Approve Ordinance No. 1007 ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ( "CITY ") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR ( "STEERING COMMITTEE ") AND ONCOR ELECTRIC DELIVERY COMPANY LLC ( "ONCOR" OR "COMPANY ") REGARDING THE COMPANY'S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR'S PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, the City of Southlake, Texas ( "City ") is an electric utility customer of Oncor Electric Delivery Company LLC ( "Oncor" or " Company "), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor ( "Steering Committee "), a coalition of approximately 160 similarly situated cities served by Oncor that have joined together to facilitate the review of and response to electric issues affecting rates charged in the Oncor service area; and WHEREAS, on or about January 7, 2011, Oncor filed with the City its application to increase electric base rates by approximately $353 million, such increase to be effective in every municipality within Oncor's service territory; and Oncor 2011 Rate Increase Ordinance 1 WHEREAS, the Steering Committee coordinated their review of Oncor's filing by designating an Executive Committee made up of Steering Committee representatives, assisted by Steering Committee attorneys and consultants, to resolve issues identified by the Steering Committee in the Company's filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by the Steering Committee's rate experts concluded that Oncor is able to justify an increase over current rates of $136.7 million; and WHEREAS, the Steering Committee has entered a Settlement Agreement ( "Attachment C ") with Oncor to increase base rate revenues by $136.7 million; and WHEREAS, the Executive Committee of the Steering Committee, and the Steering Committee's lawyers and consultants recommend that Steering Committee members approve the attached rate tariffs ( "Attachment A" and "Attachment B" to this Ordinance), which will increase the Company's revenue requirement by $136.7 million; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by the Steering Committee and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; and Oncor 2011 Rate Increase Ordinance 2 WHEREAS, the negotiated resolution of the Company's filing and the resulting rates are, as a whole, in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds the existing rates for electric service provided by Oncor are unreasonable and new tariffs, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Section 3. That Oncor shall reimburse the reasonable ratemaking expenses of the Steering Committee in processing the Company's rate application. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's filing would be more beneficial to the Oncor 2011 Rate Increase Ordinance 3 City than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. Section 8. That this Ordinance and Settlement Agreement ( "Attachment C ") shall become effective from and after its passage with rates authorized by attached Tariffs to be effective in two phases. Phase one tariffs (attached to this Ordinance as "Attachment A "), increasing Oncor's revenues by $93.7 million, are effective for bills rendered on or after July 1, 2011. Phase two tariffs (attached to this Ordinance as "Attachment B "), increasing Oncor's revenues by $43 million, are effective for bills rendered on or after January 1, 2012. Section 9. That a copy of this Ordinance shall be sent to Oncor, care of Autry Warren, Oncor Electric Delivery Company, LLC, 1601 Bryan St., 23 Floor, Dallas, Texas 75201 and to Thomas Brocato, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725. PASSED AND APPROVED this day of , 2011. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Oncor 2011 Rate Increase Ordinance 4 TARIFF FOR RETAIL DELIVERY SERVICE ONCOR ELECTRIC DELIVERY COMPANY LLC 1616 Woodall Rodgers Fwy Dallas, Texas 75202 -1 234 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 1 of 7 Effective Date: July 1, 2011 Revision: Elev TABLE OF CONTENTS CHAPTER 1: DEFINITIONS .......................................................................................... ..............................9 CHAPTER 2: DESCRIPTIONS OF COMPANY'S CERTIFIED SERVICE AREA ........ .............................15 CHAPTER 3: GENERAL SERVICE RULES & REGULATIONS ................................. .............................18 3.1. APPLICABILITY .............................................................................................. .............................18 3.2 GENERAL ....................................................................................................... .............................18 3.3 DESCRIPTION OF SERVICE ......................................................................... .............................18 3.4 CHARGES ASSOCIATED WITH DELIVERY SERVICE ................................ ........:....................18 3.5 AVAILABILITY OF TARIFF ............................................................................ .............................19 3.6 CHANGES TO TARIFF ................................................................................... .............................19 3.7 NON - DISCRIMINATION .................................................................................. .............................19 3.8 FORM OF NOTICE .......................................................................................... .............................19 3.9 DESIGNATION OF COMPANY CONTACT PERSONS FOR MATTERS RELATING TO DELIVERY SERVICE ...................................................................................... .............................20 3.10 INVOICING TO STATE AGENCIES ............................................................... .............................20 3.11 GOVERNING LAWS AND REGULATIONS ................................................... .............................20 3.12 GOOD -FAITH OBLIGATION .......................................................................... .............................20 3.13 QUALITY OF DELIVERY SERVICE ............................................................... .............................20 3.14 COOPERATION IN EMERGENCIES .............................................................. .............................20 3.15 SUCCESSORS AND ASSIGNS ...................................................................... .............................21 3.16 EXERCISE OF RIGHT TO CONSENT ............................................................ .............................21 3.17 WAIVERS ........................................................................................................ .............................21 3.18 NON - BUSINESS DAY DESIGNATIONS ........................................................ .............................21 3.19 PUBLIC SERVICE NOTICE ............................................................................ .............................21 3.20 HEADINGS ...................................................................................................... .............................21 2 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 2 of 7 Effective Date: July 1, 2011 Revis E l ev en CHAPTER 4: SERVICE RULES AND REGULATIONS RELATING TO ACCESS TO DELIVERY SYSTEM OF COMPANY BY COMPETITIVE RETAILERS .............................22 4.1 , GENERAL SERVICE RULES AND REGULATIONS ..................................... .............................22 4.1.1 APPLICABILITY OF CHAPTER ............................................................. .............................22 4.1.2 REQUIRED NOTICE ............................................................................. .............................22 4.2 LIMITS ON LIABILITY .................................................................................... ......................... . . .. 4.2.1 LIABILITY BETWEEN COMPANY AND COMPETITIVE RETAILERS . .............................22 4.2.2 LIMITATION OF DUTY AND LIABILITY OF COMPETITIVE RETAILER ...........................22 24 4.2.3 DUTY TO AVOID OR MITIGATE DAMAGES ....................................... .............................23 4 .2.4 FORCE MAJEURE ................................................................................ .............................23 4.2.5 EMERGENCIES AND NECESSARY INTERRUPTIONS ...................... .............................23 4.2.6 LIMITATION OF WARRANTIES BY COMPANY ................................... .............................23 4.3 SERVICE ...................................................................... ......................... . . . . .. - -. ----------------------- - - - - -- 4 .3.1 ELIGIBILITY ........................................................................................... .............................24 4.3.2 INITIATION OF DELIVERY SYSTEM SERVICE (SERVICE CONNECTION) ................... 24 4.3.2.1 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARENOT REQUIRED ........................................................................... .............................24 4.3.2.2 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES AREREQUIRED .................................................................................... .............................25 4.3.3 REQUESTS FOR DISCRETIONARY SERVICES INCLUDING CONSTRUCTION SERVICES............................................................................................. .............................25 4.3.4 CHANGING OF DESIGNATED COMPETITIVE RETAILER ................. .............................25 4.3.5 SWITCHING FEE ................................................................................... .............................26 4.3.6 IDENTIFICATION OF THE PREMISES AND SELECTION OF RATE SCHEDULES .......26 4.3.7 PROVISION OF DATA BY COMPETITIVE RETAILER TO COMPANY ............................27 4.3.8 SUSPENSION OF DELIVERY SERVICE .............................................. .............................27 4.3.8.1 SUSPENSIONS WITHOUT PRIOR NOTICE ........................................ .............................27 4.3.9 CRITICAL CARE/CHRONIC CONDITION /CRITICAL LOAD CUSTOMER DESIGNATION.......• .............................................................................. ............................. 4.3.9.1 CRITICAL CARE OR CHRONIC CONDITION RESIDENTIAL CUSTOMER STATUS .....28 4.3.9.2 CRITICAL LOAD INDUSTRIAL CUSTOMER OR CRITICAL LOAD PUBLIC SAFETY ..... 28 4.3.9.3 OTHER COMPANY RESPONSIBILITIES ............................................. .............................28 4.3.10 NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY INTERRUPTIONS .................................................................................. .............................28 4.3.11 RESTORATION OF DELIVERY SERVICE ........................................... .............................29 4.3.12 DISCONNECTION OF SERVICE TO RETAIL CUSTOMER'S FACILITIES AT THE REQUEST OF COMPETITIVE RETAILER ............................................ ............................29 4.3.12.1 MOVE OUT REQUEST ......................................................................... .............................29 4.3.12.2 DISCONNECTION DUE TO NON - PAYMENT OF COMPETITIVE RETAILER CHARGES; RECONNECTION AFTER DISCONNECTION .................. .............................30 4.3.13 CUSTOMER REQUESTED CLEARANCE ............................................ .............................30 4.4 BILLING AND REMITTANCE ......................................................................... .............................31 4.4.1 CALCULATION AND TRANSMITTAL OF DELIVERY SERVICE INVOICES ....................31 4.4.2 CALCULATION AND TRANSMITTAL OF CONSTRUCTION SERVICE CHARGES ........ 31 4.4.3 INVOICE CORRECTIONS ..................................................................... .............................31 4.4.4 BILLING CYCLE .................................................................................... .............................32 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 3 of 7 Effective Date: July 1, 2011 Revision: Eleven 4.4.5 REMITTANCE OF INVOICED CHARGES ............................................ .............................32 4.5.1 4.4.6 DELINQUENT PAYMENTS ................................................................... .............................33 4.5.2 4.4.7 PARTIAL PAYMENTS ........................................................................... .............................33 4.5.2.1 4 .4.8 INVOICE DISPUTES ............................................................................. .............................33 4.5.2.2 4.4.9 SUCCESSOR COMPETITIVE RETAILER ............................................ .............................34 4.5.2.3 4.5 SECURITY DEPOSITS AND CREDITWORTHINESS .................................... .............................34 4.5.1 SECURITY RELATED TO TRANSITION CHARGES ........................... .............................34 4.5.2 SECURITY RELATED TO OTHER DELIVERY CHARGES .................. .............................34 4.5.2.1 DEPOSIT REQUIREMENTS ................................................................. .............................34 4.5.2.2 SIZE OF DEPOSIT ................................................................................ .............................35 4.5.2.3 FORM OF DEPOSIT .............................................................................. .............................35 4 .5.2.4 INTEREST ............................................................................................. .............................35 4.5.2.5 HISTORICAL DEPOSIT INFORMATION .............................................. .............................35 4.5.2.6 REFUND OF DEPOSIT ......................................................................... .............................35 4.6 DEFAULT AND REMEDIES ON DEFAULT ................................................... .............................36 4.6.1 COMPETITIVE RETAILER DEFAULT .................................................. .............................36 4.6.2 REMEDIES ON DEFAULT .................................................................... .............................36 4.6.2.1 DEFAULT RELATED TO FAILURE TO REMIT PAYMENT OR MAINTAIN REQUIRED SECURITY............................................................................................. .............................36 4.6.2.2 DEFAULT RELATED TO FAILURE TO SATISFY OBLIGATIONS UNDER TARIFF ........37 4.6.2.3 DEFAULT RELATED TO DE- CERTIFICATION .................................... .............................37 4.6.3 CURE OF DEFAULT ............................................................................. .............................37 4.7 MEASUREMENT AND METERING OF SERVICE ......................................... .............................37 4.7.1 MEASUREMENT ................................................................................... .............................37 4.7.2 METER READING ................................................................................. .............................38 4.7.2.1 DENIAL OF ACCESS BY RETAIL CUSTOMER ................................... .............................38 4.7.2.2 ESTIMATES FOR REASONS OTHER THAN FOR DENIAL OF ACCESS BY RETAIL CUSTOMER........................................................................................... .............................39 4.7.3 REPORTING MEASUREMENT DATA .................................................. .............................39 4.7.4 METER TESTING .................................................................................. .............................39 4.7.5 INVOICE ADJUSTMENT DUE TO METER INACCURACY, METER TAMPERING AND THEFT.................................................................................................... .............................40 4.8 DATA EXCHANGE ......................................................................................... .............................40 4.8.1 DATA FROM METER READING ........................................................... .............................40 4.8.1.1 DATA RELATED TO INTERVAL METERS ........................................... .............................41 4.8.1.2 DATA REPORTED BY VOLUMETRIC (KWH) METERS ...................... .............................41 4.8.1.3 OUT -OF -CYCLE METER READS ......................................................... .............................41 4.8.1.4 ESTIMATED USAGE ............................................................................. .............................42 4.8.1.5 METER/BILLING DETERMINANT CHANGES ...................................... .............................42 4.8.2 DATA FOR UNMETERED LOADS ........................................................ .............................43 4.8.3 ADJUSTMENTS TO PREVIOUSLY TRANSMITTED DATA ................. .............................43 4.8.4 DATA EXCHANGE PROTOCOLS ......................................................... .............................43 4.9 DISPUTE RESOLUTION PROCEDURES ...................................................... .............................44 4.9.1 COMPLAINT PROCEDURES ................................................................ .............................44 4.9.2 COMPLAINT WITH REGULATORY AUTHORITY ................................ .............................44 4.10 SERVICE INQUIRIES ...................................................................................... .............................44 4 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 4 of 7 Effective Date: July 1, 2011 Revision: Eleven 4.11 OUTAGE AND SERVICE REQUEST REPORTING ....................................... .............................45 4.11.1 NOTIFICATION OF INTERRUPTIONS, IRREGULARITIES, AND SERVICE REQUESTS........................................................................................... .............................45 4.11.2 RESPONSE TO REPORTS OF INTERRUPTIONS AND REPAIR REQUESTS ...............46 CHAPTER 5; SERVICE RULES AND REGULATIONS RELATING TO THE PROVISION OF DELIVERY SERVICE TO RETAIL CUSTOMERS .................................................... .............................47 5.1 GENERAL .........................................:............................................................. .............................47 5.1.1 APPLICABILITY OF CHAPTER ............................................................. .............................47 5.1.2 COMPANY CONTACT INFORMATION ................................................ .............................47 5.2 LIMITS ON LIABILITY .................................................................................... .............................47 5.2.1 LIABILITY BETWEEN COMPANY AND RETAIL CUSTOMERS .......... .............................47 5.2.2 LIMITATION OF DUTY AND LIABILITY OF COMPETITIVE RETAILER ...........................47 5.2.3 DUTY TO AVOID OR MITIGATE DAMAGES ....................................... .............................48 5.2.4 FORCE MAJEURE .................................................................... ............................... 5.2.5 EMERGENCIES AND NECESSARY INTERRUPTIONS ...................... .............................48 5.2.6 LIMITATION OF WARRANTIES BY COMPANY ................................... .............................49 5.3 SERVICE ......................................................................................................... .............................49 5.3.1 INITIATION OF DELIVERY SYSTEM SERVICE (SERVICE CONNECTION) ................... 49 5.3.1.1 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED ........................................................................... .............................49 5.3.1.2 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES AREREQUIRED .................................................................................... .............................50 5.3.2 REQUESTS FOR CONSTRUCTION SERVICES ................................. .............................50 5.3.3 CHANGING OF DESIGNATED COMPETITIVE RETAILER ...........:..... .............................50 5.34 SWITCHING FEES AND SWITCHOVERS ........................................... .............................50 5.3.5 IDENTIFICATION OF THE PREMISES AND SELECTION OF RATE SCHEDULES .......50 5.3.6 CHANGES IN RATE SCHEDULES ....................................................... .............................51 5.3.7 SUSPENSION OF SERVICE ................................................................. .............................52 5.3.7.1 SUSPENSIONS WITHOUT PRIOR NOTICE ........................................ .............................52 5.3.7.2 NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY INTERRUPTIONS .................................................................................. .............................52 5.3.7.3 RESTORATION OF SERVICE .............................................................. .............................53 5.3.7.4 PROHIBITED SUSPENSION OR DISCONNECTION ........................... .............................53 5.3.8 DISCONNECTION AND RECONNECTION OF SERVICE TO RETAIL CUSTOMER'S FACILITIES............................................................................................ .............................54 5.4 ELECTRICAL INSTALLATION AND RESPONSIBILITIES ........................... .............................54 5.4.1 RETAIL CUSTOMER'S ELECTRICAL INSTALLATION AND ACCESS ............................54 5.4.2 INSPECTION AND APPROVAL OF RETAIL CUSTOMER'S ELECTRICAL INSTALLATION.................................................................................... ............................... 54 5.4.3 LOCATION OF POINT OF DELIVERY AND RETAIL CUSTOMER'S ELECTRIC INSTALLATION...................................................................................... .............................55 5.4.4 CONNECTION OF RETAIL CUSTOMER'S ELECTRICAL INSTALLATION TO COMPANY FACILITIES............................................................................................ .............................55 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 5 of 7 Effective Date: July 1, 2011 Revision: Eleven 5.4.5 PROVISIONS FOR COMPANY FACILITIES AND EQUIPMENT AND THE METER........ 55 5.4.6 RETAIL CUSTOMER'S DUTY REGARDING COMPANY'S FACILITIES ON RETAIL CUSTOMER'S PREMISES .................................................................... .............................55 5.4.7 UNAUTHORIZED USE OF DELIVERY SYSTEM ................................. .............................56 5.4.8 ACCESS TO RETAIL CUSTOMER'S PREMISES ................................ .............................56 5.5 RETAIL CUSTOMER'S ELECTRICAL LOAD ................................................ .............................57 5.5.1 LOAD BALANCE... ................................................................................. .............................57 5.5.2 INTERMITTENT ELECTRICAL LOADS AND LIMITATIONS ON ADVERSE EFFECTS ..57 5.5.3 EQUIPMENT SENSITIVE TO VOLTAGE AND WAVE FORMS ........... .............................57 5.5.4 CHANGE IN RETAIL CUSTOMER'S ELECTRICAL LOAD .................. .............................57 5.5.5 POWER FACTOR .................................................................................. .............................58 5.5.6 TESTING OF RETAIL CUSTOMER EQ UIPMENT ................................ .............................58 5.6 LIMITATIONS ON USE OF DISTRIBUTION SERVICE ................................. .............................59 5.6.1 INTRASTATE RETAIL DELIVERY SERVICE LIMITATIONS (FOR ERCOT UTILITIES)..59 5.6.2 PARALLEL OPERATION ....................................................................... .............................59 5.7 FACILITIES EXTENSION POLICY ................................................................. .............................59 5.7.1 GENERAL .............................................................................................. .............................59 5.7.2 CONTRACTUAL ARRANGEMENTS ..................................................... .............................59 5.7.3 PROCESSING OF REQUESTS FOR CONSTRUCTION OF DELIVERY SYSTEM .........60 5.7.4 ALLOWANCE FOR FACILITIES ............................................................ .............................60 5.7.5 NON - STANDARD FACILI TIES .............................................................. .............................60 5.7.6 CUSTOMER REQUESTED FACILITY UPGRADES ............................. .............................61 5.7.7 TEMPORARY DELIVERY SYSTEM ...................................................... .............................61 5.7.8 REMOVAL AND RELOCATION OF COMPANY'S FACILITIES AND METERS ................61 5.7.9 DISMANTLING OF COMPANY'S FACILITIES ...................................... .............................61 5.8 BILLING AND REMITTANCE ......................................................................... .............................61 5.8.1 BILLING OF DELIVERY CHARGES ...................................................... .............................61 5.8.2 BILLING TO RETAIL CUSTOMER BY COMPANY ............................... .............................62 5.9 DEFAULT AND REMEDIES ON DEFAULT ................................................... .............................62 5.9.1 COMPANY REMEDIES ON DEFAULT BY COMPETITIVE RETAILER ............................62 5.10 METER ............................................................................................................ .............................62 5.10.1 METERING PRACTICES ...................................................................... .............................62 5.10.2 RETAIL CUSTOMER RESPONSIBILITY AND RIGHTS ....................... .............................62 5.10.2.1 REQUIREMENTS .................................................................................. .............................63 5.10.3 METERING OF RETAIL CUSTOMER'S INSTALLATION IN MULTI - METERED BUILDINGS ............................................................. .............................63 5.1 0A LOCATION OF METER ......................................................................... .............................63 5.10.5 NON - COMPANY OWNED METERS ..................................................... .............................64 5.11 RETAIL CUSTOMER INQUIRIES ................................................................... .............................65 5.11.1 SERVICE INQUIRIES ............................................................................ .............................65 5.11.2 COMPLAINTS ........................................................................................ .............................65 5.11.3 BILLING INQUIRIES .............................................................................. .............................65 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 6 of 7 Effective Date: July 1, 2011 Revision: Eleven 5.12 OUTAGE REPORTING ................................................................................... .............................66 5.12.1 NOTIFICATION OF INTERRUPTIONS, IRREGULARITIES, AND SERVICE REPAIR REQUESTS ............................................................ ............................... ............ .................66 5.12.2 RESPONSE TO REPORTS OF INTERRUPTIONS AND REPAIR REQUESTS ...............66 CHAPTER 6: COMPANY SPECIFIC ITEMS ................................................................ .............................67 6.1 RATE SCHEDULES ........................................................................................ .............................67 6.1.1 DELIVERY SYSTEM CHARGES ........................................................... .............................67 6.1.1.1 CHARGES FOR TRANSMISSION AND DISTRIBUTION SYSTEM SERVICE ...............67 6.1.1.1.1 RESIDENTIAL SERVICE ....................................................................... .............................67 6.1.1.1.2 SECONDARY SERVICE LESS THAN OR EQUAL TO 10 KW ............. .............................69 6.1.1.1.3 SECONDARY SERVICE GREATER THAN 10 KW ............................. .............................71 6.1.1.1.4 PRIMARY SERVICE LESS THAN OR EQUAL TO 10 KW ................... .............................74 6.1.1.1.5 PRIMARY SERVICE GREATER THAN 10 KW - DISTRIBUTION LINE ............................75 6.1.1.1.6 PRIMARY SERVICE GREATER THAN 10 KW - SUBSTATION .......... .............................77 6.1.1.1.7 TRANSMISSION SERVICE .................................................................. .............................79 6.1.1.1.8 LIGHTING SERVICE ............................................................................. .............................81 6 .1.1.2 SCHEDULE TC .................................................................................... .............................88 6.1.1.2.1 RIDER TC1 - TRANSITION CHARGE ................................................. .............................88 6.1.1.2.2 RIDER TC2 - TRANSITION CHARGE ................................................. .............................95 6 .1.1.3 CTC ...................................................................... ............................... ............................102 6.1.1.3.1 RIDER CTC - COMPETITIVE TRANSITION CHARGE ...................... ............................102 6.1.1.4 CHARGES FOR SBF .......................................... ............................... ............................103 6.1.1.4.1 RIDER SBF - SYSTEM BENEFIT FUND CHARGE ............................ ............................103 6.1.1.5 CHARGES FOR NUCLEAR DECOMMISSIONING .......................... ............................104 6.1.1.5.1 RIDER NDC - NUCLEAR DECOMMISSIONING CHARGES ...... ....... ............................104 6 .1.1.6 OTHER CHARGES .............................................. ............................... ............................105 6.1.1.6.1 RIDER TRANSMISSION COST RECOVERY FACTOR (TCRF) ......... ............................105 6.1.1.6.2 RIDER CMC - COMPETITIVE METERING CREDIT .......................... ............................108 6.1.1.6.3 RIDER EECRF - ENERGY EFFICIENCY COST RECOVERY FACTOR ........................109 6.1.1.6.4 RIDER AMCRF - ADVANCED METERING CREDIT .......................... ............................111 6.1.1.6.5 RIDER RCE - RATE CASE EXPENSE SURCHARGE ........................ ............................112 6.1.1.6.6 RIDER SCUD - STATE COLLEGES & UNIVERSITIES DISCOUNT ... ............................113 6.1.2 DISCRETIONARY SERVICE CHARGES .............. ............................... ............................114 6.1.2.1 STANDARD DISCRETIONARY SERVICES ....... ............................... ............................114 6.1.2.2 DISCRETIONARY CHARGES - CONSTRUCTION SERVICE .......... ............................120 6.1.2.3 DISCRETIONARY CHARGES - OTHER THAN CONSTRUCTION SERVICE CHARGES ........................................................... ............................... ............................126 6.1.2.4 DISTRIBUTED GENERATION ............................ ............................... ............................129 6.2 COMPANY - SPECIFIC TERMS AND CONDITIONS ...... ............................... ............................130 6.2.1 DEFINITIONS .......................................................... ............................... ............................130 6.2.2 STANDARD VOLTAGES ........................................ ............................... ............................132 6.2.3 ADDITIONAL DELIVERY SERVICE INFORMATION ............................ ............................133 6.2.4 ADDITIONAL DISCRETIONARY SERVICE INFORMATION ................ ............................134 6.3 AGREEMENTS AND FORMS ......................................... ............................... ............................135 6.3.1 FACILITIES EXTENSION AGREEMENT .............. ............................... ............................135 6.3.2 TRANSMISSION/SUBSTATION FACILITY EXENSION AGREEMENT ..........................137 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 7 of 7 Effective Date: July 1, 2011 Revision: Eleven 6.3.3 APPLICATION FOR INTERCONNECTION AND PARALLEL OPERATION OF 6.4 RATE ADMINISTRATION ......................................... ............................... ............................175 6.4.1 CITIES IN WHICH RIDER UFCRF AND THE AGREEMENT FOR UNDERGROUND FACILITIES AND COST RECOVERY HAVE BEEN APPROVED .... ............................175 APPENDIX .................................................................................. ............................... ............................176 AGREEMENT BETWEEN COMPANY AND COMPETITIVE RETAILER REGARDING TERMS AND CONDITIONS OF DELIVERY OF ELECTRIC POWER AND ENERGY (DELIVERY SERVICE AGREEMENT) ............................................................................... ............................... ............................176 DISTRIBUTED GENERATION WITH THE UTILITY SYSTEM ............. ............................139 6.3.4 AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION ........................... ............................... ............................141 6.3.5 DISCRETIONARY SERVICE AGREEMENT ............ ............................... ............................146 6.3.6 EASEMENT AND RIGHT OF WAY (FORM 50.2000) ............................. ............................148 6.3.7 EASEMENT AND RIGHT OF WAY (FORM 50.2100) ............................. ............................150 6.3.8 EASEMENT AND RIGHT OF WAY (FORM 50.3200) ............................. ............................151 6.3.9 EASEMENT AND RIGHT OF WAY (FORM 50.3400) ............................. ............................152 6.3.10 EASEMENT AND RIGHT OF WAY (FORM 50.3500) ............................ ............................153 6.3.11 EASEMENT AND RIGHT OF WAY (FORM 50.3700) ............................ ............................154 6.3.12 GRANT OF EASEMENT (VETERAN'S LAND BOARD) ......................... ............................155 6.3.13 GRANT OF EASEMENT (VETERAN'S LAND BOARD) ......................... ............................157 6.3.14 AGREEMENT AND TERMS AND CONDITIONS FOR PULSE METERING EQUIPMENT INSTALLATION .................................. ............................... ............................159 6.3.15 AGREEMENT FOR METER OWNERSHIP AND/OR ACCESS FOR NON- COMPANY OWNEDMETERS ..................................................... ............................... ............................161 6.3.16 COMPETITIVE METERING LETTER OF AGENCY . ............................... ............................166 6.3.17 AGREEMENT FOR STREET LIGHTING SERVICE . ............................... ............................168 6.4 RATE ADMINISTRATION ......................................... ............................... ............................175 6.4.1 CITIES IN WHICH RIDER UFCRF AND THE AGREEMENT FOR UNDERGROUND FACILITIES AND COST RECOVERY HAVE BEEN APPROVED .... ............................175 APPENDIX .................................................................................. ............................... ............................176 AGREEMENT BETWEEN COMPANY AND COMPETITIVE RETAILER REGARDING TERMS AND CONDITIONS OF DELIVERY OF ELECTRIC POWER AND ENERGY (DELIVERY SERVICE AGREEMENT) ............................................................................... ............................... ............................176 Tariff for Retail Delivery Service Oncor Electric Delivery Company l_l_C Chapter 1: Definitions Applicable: Entire Certified Service Area Page 1 of 6 Effective Date: July 1, 2010 Revision: Four Chapter 1: Definitions The following definitions apply to Company's Tariff for Delivery Service, including the service rules and regulations, policies, Rate Schedules and Riders, and to any Service Agreements made pursuant to the Tariff, unless specifically defined otherwise therein. ACTUAL METER READING. A Meter Reading whereby Company has collected information from the Meter either manually or through a direct reading, through telemetry, or other electronic communications. AFFILIATED RETAIL ELECTRIC PROVIDER. A retail electric provider that is affiliated with or the successor in interest of an electric utility certificated to serve an area. APPLICABLE LEGAL AUTHORITIES. A Texas or federal law, rule, regulation, or applicable ruling of the Commission or any other regulatory authority having jurisdiction, an order of a court of competent jurisdiction, or a rule, regulation, applicable ruling, procedure, protocol, guide or guideline the Independent Organization, or any entity authorized by the Independent Organization to perform registration or settlement functions. BANKING HOLIDAY. Any day on which the bank designated by Company as the repository for payment of funds due to Company under this Tariff is not open for business. BILLING DEMAND. Demand used for billing purposes as stated in the applicable Rate Schedule or Rider. BILLING DETERMINANTS. Measured, calculated, or specified values used to determine Company's Delivery Charges that can be transmitted to the CR on an approved TX SET electronic transaction. These values may include, but are not limited to, measurements of kilowatt-hours (kWh), actual monthly Non - Coincident Peak (NCP) Demand, annual NCP Demand, annual 4 -CP Demand (coincident peak for four summer months), Billing Demand, Power Factor, fixed charges, number of lamps, Rate Schedules, and rate subclass. BUSINESS DAY. Any day on which Company's corporate offices are open for business. CENTRAL PREVAILING TIME, CPT. As established by national time standards, either Central Standard Time or Central Day -Light time. CODES. Federal, state, or local laws, or other rules or regulations governing electrical installations. COMMISSION, PUC, or PUCT. The Public Utility Commission of Texas. COMPANY. The transmission and distribution utility providing Delivery Service pursuant to this Tariff, and its respective officers, agents, employees, successors, and assigns. COMPANY'S DELIVERY SYSTEM. The portion of the Delivery System that is owned by Company. COMPETITIVE RETAILER (CR). A Retail Electric Provider, or a Municipally Owned Utility, or an Electric Cooperative that offers customer choice in the restructured competitive electric power market or any other entity authorized to provide Electric Power and Energy in Texas. For purposes of this Tariff, a Municipally Owned Utility or an Electric Cooperative is only considered a Competitive Retailer where it sells retail Electric Power and Energy outside its certified service territory. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 2 of 6 Effective Date: July 1, 2010 Revision: Four CONSTRUCTION SERVICE. Services related to the construction, extension, installation, modification, repair, upgrade, conversion, relocation, or removal of Delivery System facilities, including temporary facilities. CONSTRUCTION SERVICE CHARGE. Commission authorized charges to recover costs associated with Construction Services. DELIVERY. The movement of Electric Power and Energy through Company's electric lines and other equipment, including transformers, from the Point of Supply to the Point of Delivery. DELIVERY CHARGES. Commission authorized rates and charges for the use of Company's Delivery System. Delivery Charges comprise Delivery System Charges and Discretionary Charges. DELIVERY SERVICE. The service performed by Company pursuant to this Tariff for the Delivery of Electric Power and Energy. Delivery Service comprises Delivery System Services and Discretionary Services. DELIVERY SERVICE AGREEMENT. The standard, pro -forma document set forth in this Tariff in which Company and Competitive Retailer agree to be bound by the terms and conditions of Company's Tariff. DELIVERY SYSTEM. The electric lines, and other equipment, including transformers, owned by Company and the Meters, including Non- Company Owned Meters, used in the Delivery of Electric Power and Energy. DELIVERY SYSTEM CHARGES. Commission authorized charges to recover costs associated with Delivery System Services. DELIVERY SYSTEM SERVICES. Delivery Services whose costs are attributed to all Retail Customers that receive Delivery Service from Company and charged to Competitive Retailers serving Retail Customers under the Rate Schedules specified in Section 6.1.1, DELIVERY SYSTEM CHARGES. Delivery System Services are all Tariffed Delivery Services provided by Company that are not specifically defined as Discretionary Services. DEMAND. The rate at which electric energy is used at any instant or averaged over any designated period of time and which is measured in kW or kVA. DISCRETIONARY CHARGES. Commission authorized charges to recover costs associated with Discretionary Services. DISCRETIONARY SERVICES. Customer - specific services for which costs are recovered through separately priced Rate Schedules specified in Chapter 6. ELECTRIC COOPERATIVE. An electric cooperative as defined in PURA §11.003(9). ELECTRIC POWER AND ENERGY. The kWh, the rate of Delivery of kWh, and ancillary services related to kWh that a Competitive Retailer provides to Retail Customers. ELECTRIC SERVICE IDENTIFIER or ESI ID. The basic identifier assigned to each Point of Delivery used in the registration system and settlement system managed by ERCOT or another Independent Organization. ERCOT. The Electric Reliability Council of Texas, Inc. 10 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 3 of 6 Effective Date: July 1, 2010 Revision: Four ESTIMATED METER READING. The process by which Billing Determinants are estimated when an Actual Meter Reading is not obtained. FACILITY EXTENSION POLICY. The Company policy that covers such activities as extensions of standard facilities, extensions of non - standard facilities, extensions of facilities in excess of facilities normally provided for the requested type of Delivery Service, upgrades of facilities, electric connections for temporary services, and relocation of facilities. FACILITY EXTENSION AGREEMENT. The Service Agreement pursuant to this Tariff that must be executed by Company and the entity (either a Retail Customer or Retail Electric Provider) requesting certain Construction Services before Company can provide such Construction Services to the requesting entity. GOOD UTILITY PRACTICE. This term will have the meaning ascribed thereto in P.U.C. SUBST. R. 25.5, Definitions, or its successor. HOME AREA NETWORK (HAN) PROVISIONED METER. An advanced meter as defined in P.U.C. SUBST. R. 25.130, Advanced Metering, that has been deployed by the Company, and for which the HAN communications are operational. INDEPENDENT ORGANIZATION or 10. The organization authorized to perform the functions prescribed by PURA §39.151. KILOVOLT AMPERES or kVA. 1000 Volt- Amperes. KILOWATT or kW. 1000 Watts. KILOWATT -HOUR or kWh. 1000 Watt- hours. LOAD FACTOR. The ratio, usually stated as a percentage, of actual kWh used during a designated time period to the maximum kW of Demand times the number of hours occurring in the designated time period. METER or BILLING METER. A device, or devices for measuring the amount of Electric Power and Energy delivered to a particular location for Company billing, CR billing and as required by ERCOT. Meters for residential Retail Customers shall be Company owned unless otherwise determined by the Commission. Commercial and industrial Retail Customers required by the Independent Organization to have an IDR Meter may choose a Meter Owner in accordance with P.U.C. SUBST. R. 25.311, Competitive Metering Services and other Applicable Legal Authorities. METER DATA. All data contained within the Meter. METER OWNER. Entity authorized by the Retail Customer to own the Meter. Entity could be Retail Customer, Competitive Retailer, or other entity designated by the Retail Customer as permitted by Applicable Legal Authorities. If the Retail Customer is not eligible for competitive metering or does not choose to participate in competitive metering the Meter Owner shall be Company. METER READING. The process whereby Company collects the information recorded by Meter. Such reading may be obtained manually, through telemetry or other electronic communications, or by estimation, calculation or conversion in accordance with the procedures and practices authorized under this Tariff. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 4 of 6 Effective Date: July 1, 2010 Revision: Four METER READING SCHEDULE. No later than December 15 of each calendar year, Company shall post its schedule for reading each meter on its website so that Competitive Retailers and Retail Customers may access it. Company shall notify Competitive Retailer of any changes to this schedule 60 days prior to the proposed change. Company is responsible for reading the Meter within two Business Days of the date posted in this schedule. METERING EQUIPMENT. Required auxiliary equipment that is owned by Company and used with the billing meter to accurately measure the amount of Electric Power and Energy delivered. Metering equipment under this definition does not include communication, storage, and equipment necessary for customer access to data. MUNICIPALLY OWNED UTILITY. A utility owned, operated, and controlled by a municipality or by a nonprofit corporation, the directors of which are appointed by one or more municipalities, as defined in PURA §11.003(11). NON - COMPANY OWNED METER. A Meter on the ERCOT- approved competitive Meter list that is owned by an entity other than the Company. Unless otherwise expressly provided herein, a Non - Company Owned Meter shall be treated under this Tariff as if it were a Meter owned by the Company. POINT OF DELIVERY. The point at which Electric Power and Energy leaves the Delivery System. POINT OF SUPPLY. The point at which Electric Power and Energy enters the Delivery System. POWER FACTOR. The ratio of real power, measured in kW, to apparent power, measured in kVA, for any given load and time, generally expressed as a percentage. PREMISES. A tract of land or real estate or related commonly used tracts, including buildings and other appurtenances thereon. PROVIDE=R OF LAST RESORT (POLR). A REP certified in Texas that has been designated by the Commission to provide a basic, standard retail service package to requesting or default customers. PURA. Public Utility Regulatory Act, TEXAS UTILITIES CODE ANNOTATED. RATE SCHEDULE. A statement of the method of determining charges for Delivery Service, including the conditions under which such charges and method apply. As used in this Tariff, the term Rate Schedule includes all applicable Riders. REGISTRATION AGENT. Entity designated by the Commission to administer settlement and Premises data and other processes concerning a Retail Customer's choice of Competitive Retailer in the competitive retail electric market in Texas. RETAIL CUSTOMER. An end -use customer who purchases Electric Power and Energy and ultimately consumes it. Whenever used in the context of Construction Services, the term Retail Customer also includes property owners, builders, developers, contractors, governmental entities, or any other organization, entity, or individual that is not a Competitive Retailer making a request for such services to the Company. RETAIL CUSTOMER'S ELECTRICAL INSTALLATION. All conductors, equipment, or apparatus of any kind on Retail Customer's side of the Point of Delivery, except the Meter and Metering Equipment, used by or on behalf of Retail Customer in taking and consuming Electric Power and Energy delivered by Company. 12 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 5 of 6 Effective Date: July 1, 2010 Revision: Four RETAIL CUSTOMER'S ELECTRICAL LOAD. The power and energy required by all motors and other electricity - consuming devices located on Retail Customer's Premises that are operated simultaneously using Electric Power and Energy delivered by Company. RETAIL ELECTRIC PROVIDER or REP. As defined in PURA §31.002(17), a person, certificated pursuant to PURA §39.352, that sells Electric Power and Energy to Retail Customers. RETAIL SEASONAL AGRICULTURAL CUSTOMER. A customer whose Demand is subject to significant seasonal variation and that is primarily engaged in producing crops or processing crops subsequent to their harvest to prepare or store them for market or other processing, including, but not limited, to cotton ginning, irrigation, and the drying or storing of rice and grain. To be qualified as an irrigation customer under this definition, the pumping load must be for water that is used to raise agricultural crops. RIDER. An attachment to a Rate Schedule that defines additional service options, pricing, conditions, and limitations for that class of service. SCHEDULED METER READ DATE. Date Company is scheduled to read the Meter according to the Meter Reading Schedule. SERVICE AGREEMENT. Any Commission - approved agreement between Company and a Retail Customer or between Company and a Competitive Retailer, which sets forth certain information, terms, obligations and /or conditions of Delivery Service pursuant to the provisions of this Tariff. SERVICE CALL. The dispatch of a Company representative to a Delivery Service address or other designated location for investigation of a complete or partial service outage, irregularity, interruption or other service related issue. SETTLEMENT PROVISIONED METER. An advanced meter as defined in P.U.C. SUBST. R. 25.130, Advanced Metering, that has been deployed by the Company, and for which 15- minute interval data is sent to and accepted by ERCOT for settlement purposes. SWITCHING FEE. Any fee or charge assessed to any Retail Customer or Competitive Retailer upon switching the Competitive Retailer that does not relate to recovering any utility cost or expenses already included in Commission - approved Delivery Charges included in Chapter 6 of this Tariff. TAMPER or TAMPERING. Any unauthorized alteration, manipulation, change, modification, or diversion of the Delivery System, including Meter and Metering Equipment, that could adversely affect the integrity of billing data or the Company's ability to collect the data needed for billing or settlement. Tampering includes, but is not limited to, harming or defacing Company facilities, physically or electronically disorienting the Meter, attaching objects to the Meter, inserting objects into the Meter, altering billing and settlement data or other electrical or mechanical means of altering Delivery Service. TARIFF. The document filed with, and approved by, the PUC pursuant to which Company provides Delivery Service. It is comprised of Rate Schedules, Riders, and service rules and regulations. The service rules and regulations include definitions, terms and conditions, policies, and Service Agreements. TEXAS SET, TX SET or SET. A Standard Electronic Transaction as defined by the protocols adopted by the Commission or the Independent Organization. TRANSITION CHARGES or TC. Charges established pursuant to a financing order issued by the Commission. 13 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter is Definitions Applicable: Entire Certified Service Area Page 6 of 6 Effective Date: July 1, 2010 Revision: Four VALID INVOICE. An invoice transaction that contains all the information required by TX SET and is in compliance with TX SET standards as set forth in the TX SET Implementation Guides and Commission rules, and have not been rejected in accordance with the TX SET Implementation Guides and Commission Rules. 14 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 2: Descriptions of Company's Certified Service Area Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: September 17, 2009 Revision: Two Chapter 2: Descriptions of Company's Certified Service Area 2.0 Utility Operations Oncor Electric Delivery Company LLC is an electric utility engaged In the transmission and distribution of electricity wholly within the State of Texas. 2.1 Cities Previously Served by TXU Electric Abbott Canton Elgin Ackerly Carbon Elkhart Addison Carrollton Emhouse Aledo Cashion Community Enchanted Oaks Allen Cedar Hill Ennis Alma Celina Euless Alvarado Centerville Eureka Alvord Chandler Eustace Andrews Chico Everman Angus Chireno Fairview (Collin Co.) Anna Clarksville Farmers Branch Annetta Cleburne Fate Annetta North Coahoma Ferris Annetta South Cockrell Hill Florence Annona Colleyville Flower Mound Appleby Collinsville Forest Hill Archer City Colorado City Fomey Argyle Comanche Forsan Arlington Commerce Fort Worth Athens Como Frisco Aurora Cool Frost Austin Cooper Gainesville Azle Coppell Garland Balch Springs Copperas Cove Garrett Bangs Corinth Georgetown Bardwell Corsicana Gholson Barry Crandall Glenn Heights Bartlett Crane Godley Bedford Cresson Golinda Bellevue Crockett Goodlow Bellmead Crossroads Gorman Bells Crowley Graford Belton Cumby Graham Benbrook Cushing Grand Prairie Beverly Hills Dallas Grandfalls Big Spring Dalworthington Gardens Grandview Blanket Dawson Granger Blooming Grove Dean Grapeland Blue Mound Decatur Grapevine Bonham DeLeon Gun Barrel[ City Boyd Denison Gunter Breckenridge Denton Haltom City Bridgeport DeSoto Harker Heights Brownsboro Diboll Haslet Brownwood Dish Heath Bruceville -Eddy Dodd City Hebron Buckholts Dorchester Henrietta Buffalo Dublin Hewitt Burkbumett Duncanville Hickory Creek Burke Early Hideaway Burleson Eastland Highland Park Bynum Ector Hillsboro Caddo Mills Edgecliff Village Holland Cameron Edgewood Holliday Campbeli Edom Honey Grove Caney City Electra Howe 15 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 2: Descriptions of Company's Certified Service Area Applicable: Entire Certified Service Area Page 2 of 3 Effective Date; September 17, 2009 Revision: Two Hubbard Millsap Roscoe Hudson Mineral Wells Rosser Hudson Oaks Mobile City Round Rock Huntington Monahans Rowlett Hurst Moody Roxton Hutchins Morgan's Point Resort Royse City Hutto Mount Calm Runaway Bay Iowa Park Muenster Sachse Irving Murchison Sadler Italy Murphy Saginaw Itasca Mustang Salado Jacksboro Nacogdoches Sanctuary Jarrell Navarro Sansom Park Village Jewett Nevada Savoy Jolly New Chapel Hill Seagoville Josephine New Fairview Shady Shores Joshua Newark Sherman Justin Neylandville Snyder Kaufman Nolanville Southlake Keene Noonday Southmayd Keller Northlake Springtown Kemp North Richland Hills St. Paul Kennedaie O'Donnell Stanton Kerens Oak Grove Stephenville Killeen Oak Leaf Streetman Knollwood Oak Point Sulphur Springs Krum Oak Valley Sunnyvale Lacy - Lakeview Oakwood Sweetwater Ladonia Odessa Taylor Lake Bridgeport Oglesby Temple Lake Dallas Ovilla Terrell Lake Worth Palestine The Colony Lakeside Palmer Thorndale Lakeside City Pantego Thomtonville Lamesa Paradise Thrall Lancaster Paris Tire Latexo Parker Tool Lavon Payne Springs Trinidad Leona Pecan Gap Trophy Club Leroy Pecan Hill Troy Lewisville Penelope Tyler Lindale Pflugerville University Park Lindsay Plano Valley View Lipan Pleasant Valley Van Little Elm Ponder Van Alstyne Little River Academy Post Oak Bend Venus Loraine Pottsboro Waco Lorena Powell Watauga Lovelady Poynor Waxahachie Lowry Crossing Princeton Weatherford Lucas Prosper Weir Lufkin Pyote Wells Mabank Quinlan West Malakoff Ranger Westbrook Malone Ravenna Westover Hills Manor Red Oak Westworth Village Mansfield Reno (Lamar Co.) Whitehouse Marquez Reno (Parker Co.) White Settlement Maypeart Retreat Wichita Falls McGregor Rhome Wickett McKinney Rice Willow Park McLendon- Chisholm Richardson Wills Point Melissa Richland Witmer Mertens Richland Hills Windom Mesquite River Oaks Wink Midland Roanoke Wolfe City Midlothian Robinson Woodway Milano Rockdale Wylie Mildred Rockwall Yantis Milford Rogers Zaval la 16 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 2: Descriptions of Companyts Certified Service Area Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: September 17, 2009 Revision: Two 2.2 Cities Previously Served by TXU SESCO Alto Jacksonville Rosebud Arp Lott Rusk Bullard Marlin Teague Coolidge Mart Tehuacana Fairfield Mexi a Thornton Frankston New Summerfield Troup Gallatin Overton Whitehouse Groesbeck Riesel Wortham 2.3 Counties Previously Served by TXU Electric Anderson Fisher Palo Pinto Andrews Freestone Parker Angelina Gaines Pecos Archer Glasscock Rains Bastrop Grayson Reagan Baylor Henderson Red River Bell Hill Reeves Borden Hood Rockwall Bosque Hopkins Rusk Brown Houston Scurry Bumet Howard Shackelford Cherokee Hunt Smith Clay Jack Stephens Coke Johnson Sterling Coleman Kaufman Tarrant Collin Kent Terry Comanche Lamar Tom Green Cooke Lampasas Travis Coryell Leon Trinity Crane Limestone Upton Culberson Loving Van Zandt Dallas Lynn Ward Dawson Martin Wichita Delia McLennan Wilbarger Denton Midland Williamson Eastland Milam Winkler Ector Mitchell Wise Ellis Montague Wood Erath Nacogdoches Young Falls Navarro Fannin Nolan 2.4 - Counties Previously Served by TXU SESCO Anderson Henderson Cherokee Limestone Falls McLennan Freestone Milam Rusk Smith 17 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 3: General Service Rules & Regulations Applicable: Entire Certified Service Area Page 1 of 4 Effective Date: July 15, 2006 Revision: Two Chapter 3:_ General Service Rules & Regulations 3.1. APPLICABILITY This Tariff governs the rates, terms of access and conditions of the provision of Delivery Service by Company to Competitive Retailers and Retail Customers. The provisions of this Tariff shall uniformly apply to all Competitive Retailers and Retail Customers receiving Delivery Service from Company. This Tariff does not apply to the provision of Transmission Service by non -ERCOT utilities. Neither does this Tariff apply to the provision of Delivery Service to Wholesale Customers. To the extent that a financing order of the PUCT relating to securitization conflicts with any portion of this Tariff, the terms of such order shall be controlling. Company will use reasonable diligence to comply with the operational and transactional requirements and timelines for provision of Delivery Service as specified in this Tariff and to comply with the requirements set forth by Applicable Legal Authorities to effectuate the requirements of the Tariff. 3.2 GENERAL Company will construct, own, operate, and maintain its Delivery System in accordance with Good Utility Practice for the Delivery of Electric Power and Energy to Retail Customers that are located within the Company's service territory and served by Competitive Retailers. Company has no ownership interest in any Electric Power and Energy it delivers. Company will provide to all Competitive Retailers access to the Delivery System pursuant to this Tariff, which establishes the rates, terms and conditions, and policies for such access. Company will provide Delivery Services to Retail Customers and Competitive Retailers pursuant to this Tariff. Company shall provide access to the Delivery System on a nondiscriminatory basis to all Competitive Retailers and shall provide Delivery Service on a nondiscriminatory basis to all Retail Customers and Competitive Retailers. This tariff is intended to provide for uniform Delivery Service to all Competitive Retailers within Company's service area. 3.3 DESCRIPTION OF SERVICE Company will provide Delivery Service for Electric Power and Energy of the standard characteristics available in the locality in which the Premises to be served are situated. All types of Delivery Service offered by Company are not available at all locations. Company will provide Delivery Service at Company's standard voltages. Requestors of Delivery Service should obtain from Company the phase and voltage of the service available before committing to the purchase of motors or other equipment, and Company is not responsible if the requested phase and voltage of service are not available. The standard Delivery System Service offered by Company is for alternating current with a nominal frequency 'of 60 hertz (cycles per second). Delivery Services may be provided at the secondary, primary, or transmission voltage level as specified under the appropriate Rate Schedule. The provision of Delivery Service by Company is subject to the terms of any Service Agreements, the terms and conditions of this Tariff, and Applicable Legal Authorities. 3.4 CHARGES ASSOCIATED WITH DELIVERY SERVICE All charges associated with a Delivery Service provided by Company must be authorized by the Commission and included as a Tariffed charge in Section 6.1, RATE SCHEDULES. 18 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 3: General Service Rules & Regulations Applicable: Entire Certified Service Area Page 2 of 4 Effective Date: July 15, 2006 Revision: Two 3.5 AVAILABILITY OF TARIFF Copies of this Tariff are on file with the Commission and are also available for inspection at any business office of the Company. Company will provide a Competitive Retailer and Retail Customer, upon request and at no cost, a copy of the Rate Schedule under which Delivery Service is provided to Retail Customer. Additional copies of its Rate Schedules, or any portion of this Tariff, shall be provided by Company pursuant to the Rate Schedules included in this Tariff. Company shall post on its Internet site a copy of its current, complete Tariff in a standard electronic format for downloading free of charge. 3.6 CHANGES TO TARIFF This Tariff may be revised, amended, supplemented or otherwise changed from time to time in accordance with the laws of the State of Texas and the rules and regulations of the PUC, and such changes, when effective, shall have the same force and effect as the present Tariff. Company retains the right to file an application requesting a change in its rates, charges, classifications, services, rules, or any provision of this Tariff or agreement relating thereto and will comply with all laws and rules concerning the provision of notice concerning any such application. Any agreement made pursuant to this Tariff shall be deemed to be modified to conform to any changes in this Tariff as of the date of the effectiveness of such change. No agent, officer, director, employee, assignee or representative of Company has authority to modify the provisions of this Tariff or to bind Company by any promise or representation contrary to the terms of this Tariff except as expressly permitted by the PUC. In the event that Company determines it necessary to change its application of an existing Tariff provision, Company shall notify the designated contact of all Competitive Retailers certified to serve customers in its service territory, at least 30 Business Days in advance of any change in application of an existing Tariff provision. 3.7 NON - DISCRIMINATION Company shall discharge its responsibilities under this Tariff in a neutral manner, not favoring or burdening any particular Competitive Retailer or Retail Customer. Company will comply with Applicable Legal Authorities regarding relations with affiliates, or the Affiliated Retail Electric Provider in its service territory and, unless otherwise authorized by such Applicable Legal Authorities, will not provide its affiliates, or the Affiliated Retail Electric Provider in its service territory, or Retail Customers doing business with its affiliates, any preference over non - affiliated retailers or their Retail Customers in the provision of Delivery Services under this Tariff. Company shall process requests for Delivery Services in a non - discriminatory manner without regard to the affiliation of a Competitive Retailer or its Retail Customers, and consistent with Applicable Legal Authorities. 3.8 FORM OF NOTICE A notice, demand or request required or authorized under this Tariff to be given by any party to any other party shall be in paper format or conveyed electronically, as specified in the section of this Tariff requiring such notice. Electronic notice shall be given in accordance with the appropriate TX SET protocol if a TX SET transaction exists. Any notice, demand or request provided electronically, other than those for which a standard market transaction exists, shall be deemed delivered when received by the designated contact. Notice provided in paper format shall either be personally delivered, transmitted by telecopy or facsimile equipment (with receipt confirmed), sent by overnight courier or mailed, by certified mail, return receipt requested, postage pre -paid, to the designated contact. Any such notice, demand or request in paper format shall be deemed to be given when so delivered or three days after mailed unless the party asserting that such notice was provided is unable to show evidence of its delivery. The designated contact is the contact designated in the Delivery Service 19 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 3: General Service Rules & Regulations Applicable: Entire Certified Service Area Page 3 of 4 Effective Date: July 15, 2006 Revision: Two Agreement or contact(s) otherwise agreed to by the parties, except that for notices required under Sections 4.4.6 and 4.6 of the Tariff, the "designated contact" shall be the contact(s) designated in the Delivery Service Agreement. 3.9 DESIGNATION OF COMPANY CONTACT PERSONS FOR MATTERS RELATING TO DELIVERY SERVICE Company shall designate a person(s) who will serve as the Company's contact for all matters relating to Delivery Service provided to Competitive Retailers. Company shall also designate a person(s) who will serve as the Company's contact for all matters relating to Delivery Service provided to Retail Customers. Company shall identify to the Commission a Delivery Service contact person(s), either by name or by title, and shall provide convenient access through its Internet website to the name or title, telephone number, mailing address and electronic mail address of its Delivery Service contact person(s). Company may change its designation by providing notice to the Commission, and Competitive Retailers utilizing Delivery Service by the Company, updating such information on the Company's website, and by direct notice to Retail Customer requesting Construction Service. 3.10 INVOICING TO STATE AGENCIES Notwithstanding any provisions in this Tariff with respect to when invoices become past due and imposing an increased amount if invoices are not paid within a specified time, all invoices rendered directly to a "State Agency," as that term is defined in Chapter 2251 of the Government Code, shall be due and shall bear interest if overdue as provided in Chapter 2251. 3.11 GOVERNING LAWS AND REGULATIONS Company's provision of Delivery Service is governed by all Applicable Legal Authorities as defined herein. This Tariff is to be interpreted to conform therewith. Changes in applicable laws, rules, or regulations shall become effective with regard to this Tariff, and any Service Agreements made pursuant to it, as of the effective date of such law, rule or regulation. 3.12 GOOD -FAITH OBLIGATION Company, Competitive Retailer, and Retail Customer will cooperate in good -faith to fulfill all duties, obligations, and rights set forth in this Tariff. Company, Competitive Retailer, and Retail Customer will negotiate in good -faith with each other concerning the details of carrying out their duties, obligations, and rights set forth in this Tariff. 3.13 QUALITY OF DELIVERY SERVICE Company will use reasonable diligence to provide continuous and adequate Delivery of Electric Power and Energy in conformance with Applicable Legal Authorities, but Company does not guarantee against irregularities or interruptions. 3.14 COOPERATION IN EMERGENCIES Company, Competitive Retailer, and any Retail Customer shall cooperate with each other, the Independent Organization and any other affected entities in the event of an emergency condition affecting the Delivery of Electric Power and Energy or the safety and security of persons and property. 20 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 3: General Service Rules & Regulations Applicable: Entire Certified Service Area Page 4 of 4 Effective Date: July 15, 2006 Revision: Two 3.15 SUCCESSORS AND ASSIGNS This Tariff shall inure to the benefit of, and be binding upon, Company, Competitive Retailer, and Retail Customer and their respective successors and permitted assigns. 3.16 EXERCISE OF RIGHT TO CONSENT Company, Competitive Retailer, or Retail Customer shall not unreasonably withhold, condition, or delay giving any consent required for another party to exercise rights conferred under this Tariff that are made subject to that consent. Company, Competitive Retailer, or Retail Customer further shall not unreasonably withhold, condition, or delay their performance of any obligation or duty imposed under this Tariff. 3.17 WAIVERS The failure of Company, Competitive Retailer, or Retail Customer to insist in any one or more instances upon strict performance of any of the provisions of this Tariff, or to take advantage of any of its rights under this Tariff, shall not be construed as a general waiver of any such provision or the relinquishment of any such right, but the same shall continue and remain in full force and effect, except with respect to the particular instance or instances. 3.18 NON - BUSINESS DAY DESIGNATIONS Company recognizes the following holidays on their day of federal observance: New Years [lay, Memorial [lay, Independence Day, Labor [lay, Thanksgiving [lay and the day after Thanksgiving [lay, and Christmas Day. Company may designate other days as Non - Business Days to reflect additional holiday observances by posting the designation on the Company website no later than October 31 of the preceding calendar year. 3.19 PUBLIC SERVICE NOTICE Company shall, as required by the Commission after reasonable notice, provide public service notices. 3.20 HEADINGS The descriptive headings of the various sections of this Tariff have been inserted for convenience of reference only and shall in no way define, modify or restrict any of the terms and provisions hereof. 21 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 1 of 25 Effective Date: January 9, 2011 Revision: Four Chapter 4. Service_ Rules and Regulations Relating to Access to Delivery System of Company by Competitive Retailers — _— ��� 4.1 GENERAL SERVICE RULES AND REGULATIONS 4.1.1 APPLICABILITY OF CHAPTER This Chapter governs the terms of access to and conditions of the provision of Delivery Service by Company to Competitive Retailers, whether the Competitive Retailer has entered into a Service Agreement or not. This Chapter also applies to Competitive Retailers utilizing the Delivery System of the Company unlawfully or pursuant to unauthorized use. The provisions of this Chapter shall uniformly apply to all Competitive Retailers receiving Delivery Service from Company. 4.1.2 REQUIRED NOTICE Notice to Competitive Retailer and Company shall be provided pursuant to Section 3.8, FORM OF NOTICE. 4.2 LIMITS ON LIABILITY 4.2.1 LIABILITY BETWEEN COMPANY AND COMPETITIVE RETAILERS This Tariff is not intended to limit the liability of Company or Competitive Retailer for damages except as expressly provided in this Tariff. Company will make reasonable provisions to supply steady and continuous Delivery Service, but does not guarantee the Delivery Service against fluctuations or interruptions. Company will not be liable for any damages, whether direct or consequential, including, without limitation, loss of profits, loss of revenue, or loss of production capacity, occasioned by fluctuations or interruptions unless it be shown that Company has not made reasonable provision to supply steady and continuous Delivery Service, consistent with the Retail Customer's class of service, and in the event of a failure to make such reasonable provisions (whether as a result of negligence or otherwise), Company's liability shall be limited to the cost of necessary repairs of physical damage proximately caused by the service failure to those electrical Delivery facilities of Retail Customer which were then equipped with the protective safeguards recommended or required by the then current edition of the National Electrical Code. However, if damages result from fluctuations or interruptions in Delivery Service that are caused by Company's or Competitive Retailer's gross negligence or intentional misconduct, this Tariff shall not preclude recovery of appropriate damages when legally due. 4.2.2 LIMITATION OF DUTY AND LIABILITY OF COMPETITIVE RETAILER Competitive Retailer has no ownership, right of control, or duty to Company, Retail Customer or other third party, regarding the design, construction or operation of Company's Delivery System. Competitive Retailer shall not be liable to any person or entity for any damages, direct, indirect or consequential, including, but without limitation, loss of business, loss of profits or revenue, or loss of production capacity, occasioned by 22 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 2 of 25 Effective Date: January 9, 2011 Revision: Four any fluctuations or interruptions of Delivery Service caused, in whole or in part, by the design, construction or operation of Company's Delivery System. 4.2.3 DUTY TO AVOID OR MITIGATE DAMAGES Company and Competitive Retailer shall use reasonable efforts to avoid or mitigate its damages or losses suffered as a result of the other's culpable behavior under Section 4.2.1, LIABILITY BETWEEN COMPANY AND COMPETITIVE RETAILERS. 4.2.4 FORCE MAJEURE Neither Company nor Competitive Retailer shall be liable for damages for any act or event that is beyond such party's control and which could not be reasonably anticipated and prevented through the use of reasonable measures, including, but not limited to, an act of God, act of the public enemy, war, insurrection, riot, fire, explosion, labor disturbance or strike, wildlife, unavoidable accident, equipment or material shortage, breakdown or accident to machinery or equipment, or good -faith compliance with a then valid curtailment, order, regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, including any order or directive of the Independent Organization. 4.2.5 EMERGENCIES AND NECESSARY INTERRUPTIONS Company may curtail, reduce voltage, or interrupt Delivery Service in the event of an emergency arising anywhere on the Company's Delivery System or the interconnected systems of which it is a part, when the emergency poses a threat to the integrity of its Delivery System or the systems to which it is directly or indirectly connected if, in its sole judgment, such action may prevent or alleviate the emergency condition. Company may interrupt service when necessary, in the Company's sole judgment, for inspection, test, repair, or changes in the Delivery System, or when such interruption will lessen or remove possible danger to life or property, or will aid in the restoration of Delivery Service. Company shall provide advance notice to Competitive Retailer of such actions, if reasonably possible. Such notice may be provided by electronic notice to all certificated Competitive Retailers operating within the Company's service territory with specific identification of location, time and expected duration of the outage. Notice shall also be provided, if reasonably possible, to those Retail Customers designated as critical care residential customers, chronic condition residential customers, critical load industrial customers, or critical load public safety customers. Nothing herein shall prevent the Company from being liable if found to be grossly negligent or to have committed intentional misconduct with respect to its exercise of its authority in this Tariff. The operation of Broadband over Powerline (BPL) shall not interfere with or diminish the reliability of Company`s Delivery System. Should a disruption in the provision of Delivery Service occur due to BPL, Company shall prioritize restoration of Delivery Service prior to restoration of BPL - related systems. 4.2.6 LIMITATION OF WARRANTIES BY COMPANY Company makes no warranties with regard to the provision of Delivery Service and disclaims any and all warranties, express or implied, including, but without limitation, warranties of merchantability or fitness for a particular purpose. 23 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 3 of 25 Effective Date: January 9, 2011 Revision: Four 4.3 SERVICE 4.3.1 ELIGIBILITY A Competitive Retailer is eligible for Delivery Service when: (1) The Competitive Retailer and Company have received written notice from the Independent Organization certifying the Competitive Retailer's successful completion of market testing, including receipt of the digital certificate pursuant to Applicable Legal Authorities. Market testing will be conducted in accordance with a test plan as specified by Applicable Legal Authorities. Company and Competitive Retailer shall use best efforts to timely complete market testing; and (2) Competitive Retailer and Company execute a Delivery Service Agreement; or (3) In the event that subsection (1) has been satisfied, and Competitive Retailer has executed and delivered the Delivery Service Agreement to Company but Company has failed to execute the agreement within two Business Days of its receipt, Competitive Retailer shall be deemed eligible for Delivery Service during an interim period of Commission investigation by filing the unexecuted Delivery Service Agreement with the Commission for investigation into the reasons for such non - execution by Company. 4.3.2 INITIATION OF DELIVERY SYSTEM SERVICE (SERVICE CONNECTION) For purposes of this section, "Initiation of Delivery System Service" refers to the actions taken by Company to energize a Retail Customer's connection to the Delivery System. 4.3.2.1 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED Where existing Company facilities will be used for Delivery System Service and no Construction Service is needed, Company shall initiate Delivery System Service for Retail Customer if requested by Competitive Retailer through the Registration Agent unless: (1) The Retail Customer's Electrical Installation is known to be hazardous under applicable Codes, or is of such character that satisfactory Delivery System Service cannot be provided consistent with Good Utility Practice, or interferes with the service of other Retail Customers, or unless a known dangerous condition exists as long as it exists; or (2) The Competitive Retailer is not eligible for Delivery Service under Section 4.3.1, ELIGIBILITY or the Competitive Retailer or Retail Customer is in default under this Tariff. Retail Customer is considered to be in default if Retail Customer fails to satisfy any material obligation under this Tariff after being given notice of the failure and at least ten days to cure. If a charge has been authorized by the Commission, Company may assess a charge for service connection pursuant to Section 5.1, RATE SCHEDULES. Requests for new Delivery System Service made by Competitive Retailer on behalf of Retail Customer which include the corresponding TX SET code for standard service, and are received by Company at least two Business Days prior to the Competitive Retailer's requested date shall be completed no later than the requested date. Requests received after 5:00 PM CPT or on a day that is not a Business Day, shall be considered received on the next Business Day. If the request is received less than two Business Days prior to 24 Tariff for Retail Delivery Service Oncor Electric Delivery Company L.L.0 Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 4 of 25 Effective Date: January 9, 2011 Revision: Four the requested date, the Move -In will be scheduled for the Business Day that is two Business Days after the date the request is received. If the requested date is not a Business Day, the Move -In will be scheduled for the first Business Day following the requested date. This service is not available if inspections and permits, or other construction is required. 4.3.2.2 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE REQUIRED Where Construction Services are required prior to the initiation of Delivery System Service, Competitive Retailer may request initiation of Delivery System Service on behalf of Retail Customer. All such requests shall be governed by the provisions in Section 5.7, FACILITIES EXTENSION POLICY. After completion of Construction Service, Company shall initiate Delivery System Service in accordance with Section 4.3.2.1, INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED. 4.3.3 REQUESTS FOR DISCRETIONARY SERVICES INCLUDING CONSTRUCTION SERVICES A Competitive Retailer may request Discretionary Services from Company. Such requests for Discretionary Service must include the following information and any additional data elements required by Applicable Legal Authorities: (1) Retail Customer contact name; (2) Retail Customer contact phone number; (3) ESI ID, if in existence; (4) Service address (including City and zip code) and directions to location, and access instructions as needed; (5) Discretionary Services requested; and (6) Date requested for Company to perform or provide Discretionary Services. For an electronic service request sent by Competitive Retailer, Company will acknowledge receipt of Competitive Retailer's electronic service request and will notify Competitive Retailer upon completion of the service request as required by Applicable Legal Authorities. Such notification shall include the date when the service was completed in the field. For requests involving Construction Services, Company will contact the 'designated person to make proper arrangements for Construction Service pursuant to Section 5.7, FACILITIES EXTENSION POLICY. Competitive Retailer shall be responsible for informing its Retail Customers how to obtain Discretionary Services, including Construction Services consistent with the requirements of Section 4.11, OUTAGE AND SERVICE REQUEST REPORTING. 4.3.4 CHANGING OF DESIGNATED COMPETITIVE RETAILER Company shall change a Retail Customer's designated Competitive Retailer upon receipt of proper notification from the Registration Agent, in accordance with Applicable Legal Authorities, unless the new Competitive Retailer is in default under the Tariff. Competitive Retailer may request an out -of -cycle Meter Read subject to charges and timeframes specified in Chapter 6. Charges for an out -of -cycle Meter Read shall be applied only if data is collected for an Actual Meter Reading. As provided by Chapter 6, separate charges may apply in the event a trip is 25 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 5 of 25 Effective Date: January 9, 2011 Revision: Four made to collect the data, but collection of data is prevented due to lack of access to the Meter, or estimation is necessary to complete a mass transition of customers within a specified time, as required by Applicable Legal Authorities. Otherwise, no charge shall be applied if Billing Determinants are estimated. Company shall honor the requested switch date contained in the TX SET transaction in accordance with Applicable Legal Authorities to the extent that Company has received the request within the timeframes established in Applicable Legal Authorities. Company shall release proprietary customer information to the designated Competitive Retailer in a manner prescribed by the Applicable Legal Authorities. 4.3.5 SWITCHING FEE Company shall not charge Competitive Retailer for a change of designation of a Retail Customer's Competitive Retailer. 4.3.6 IDENTIFICATION OF THE PREMISES AND SELECTION OF RATE SCHEDULES The establishment, assignment and maintenance of ESI IDs shall be as determined by Applicable Legal Authorities. In addition, Company shall: 1. Assign a unique ESI ID for each Point of Delivery, or in the case of non - Metered load, a unique ESI ID to each Premises, in accordance with Applicable Legal Authorities; 2. Establish separate and distinct ESI IDs for temporary and permanent service. The temporary ESI 1D shall be retired after all market transactions associated with the temporary ESI ID have been completed. If the temporary Meter has been used for the same Premises for which the permanent Meter will be used, the same ESI 1D may be used for temporary and permanent service; 3. Identify, assign, and maintain ESI IDs with the appropriate load profile, Meter Reading cycle, and other information necessary for accurate settlement of the wholesale market, unless such functions are undertaken by the Independent Organization; 4. Notify the Competitive Retailer and Independent Organization, using the appropriate TX SET transaction, of revisions in the assignment of a Rate Schedule; and 5. Maintain accurate United States Postal Service compliant services addresses, when available, to comply with Applicable Legal Authorities. Not later than July 1, 2007, when there are two or more ESI 1Ds for the same service address, the service address shall include information to distinguish between the Points of Delivery at the service address. The Rate Schedules included in this Tariff state the conditions under which Company's Delivery Services are available and the applicable rates for each Delivery Service. For service to a new Retail Customer at an existing Premises, the Company shall reset all Demand ratchets and Retail Customer's Billing Demand and charges for Delivery Service shall not be determined based upon Premises history not associated with the new Retail Customer or on Retail Customer's previous history at a prior location unless Company's current base rates were set based upon the assumption that the Demand ratchet would not be reset, in which case, Company shall begin resetting Demand ratchets for new customers no later than the conclusion of its next general rate case. If requested by the Competitive Retailer, Company will assist in selecting the Rate Schedule that is best suited to existing or anticipated Retail Customer's Delivery Service requirements. However, Company does not assume responsibility for the selection of the Rate Schedule or for any failure to select the most appropriate Rate Schedule for the Retail Customers' Delivery Service requirements. Upon the request of the Retail Customer's Competitive Retailer, the Company shall switch a Retail Customer's Rate Schedule to any applicable Rate Schedule for which the Retail Customer is eligible. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 6 of 25 Effective Date: January 9, 20 Revision: Four Subsequent to the selection of a Rate Schedule, the Competitive Retailer shall notify Company of any change of which it is aware in the Retail Customer's Electrical Installation or use of Premises that may affect the applicability of a Rate Schedule. Upon notice to the Competitive Retailer, Company may change a Retail Customer's Rate Schedule if Company is made aware that the Retail Customer is no longer eligible to receive service under its current Rate Schedule. A change in Rate Schedule that does not require a change in Billing Determinants, shall be applicable for the entire billing cycle in which the change in Rate Schedule is made if the request is made at least two Business Days before the scheduled Meter Read date for that Retail Customer. If a change in the Company's facilities, the Meter used to serve a Retail Customer, or a Rate Schedule requires a different methodology or different Billing Determinants, then such change shall be effective in the next full billing cycle. 4.3.7 PROVISION OF DATA BY COMPETITIVE RETAILER TO COMPANY Competitive Retailer shall timely supply to Company all data, materials, or other information specified in this Tariff, including current customer names, telephone number, and mailing address, in connection with Company's provision of Delivery Services to Competitive Retailer's Retail Customers, if required. Such information shall be used only for Company operations or in transitions of customers to another REP or POLR in accordance with Applicable Legal Authorities and will be subject to the provisions of the code of conduct rule, P.U.C. SusST. R. 25.272(g), Code of Conduct for Electric Utilities and Their Affiliates. Regardless of any information provided on an outage or service request, and regardless of the option chosen, a Competitive Retailer shall provide to Company, on the TX SET transaction intended for maintenance of current Retail Customer contact information, the information needed to verify Retail Customer's identity (name, address and telephone number) for a particular Point of Delivery served by Competitive Retailer and shall periodically provide Company updates of such information, in the manner prescribed by Applicable Legal Authorities. The requirement that a Competitive Retailer provide the information listed above, regardless of the option chosen shall be effective July 1, 2007. 4.3.8 SUSPENSION OF DELIVERY SERVICE 4.3.8.1 SUSPENSIONS WITHOUT PRIOR NOTICE Company may, without prior notice, intentionally suspend Delivery Service to a Competitive Retailer's Retail Customer where a known dangerous condition exists for as long as the condition exists, provided that such suspension does not result in other dangerous or life- threatening conditions. Company shall notify, as soon as practicably possible, the affected Retail Customer's Competitive Retailer of suspensions for the above reason. Company may also suspend service without prior notice when such suspension As authorized by Applicable Legal Authorities. If suspensions or interruptions are conducted pursuant to Section 4.2.5, EMERGENCIES AND NECESSARY INTERRUPTIONS and advance notice was not able to be reasonably provided, the Company shall provide notice as soon as reasonably possible after the suspension. Such notice may be provided by electronic notice to all certificated 27 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 7 of 25 Effective Cate: January 9, 2011 Revision: Four Competitive Retailers operating within Company's service territory, specifically identifying the location, time and expected duration of the outage. Nothing in this section is intended to take precedence over the timely restoration of service. 4.3.9 CRITICAL CARE/CHRONIC CONDITION/CRITICAL LOAD CUSTOMER DESIGNATION 4.3.9.1 CRITICAL CARE OR CHRONIC CONDITION RESIDENTIAL CUSTOMER STATUS Upon receipt of an application for eligibility for critical care or chronic condition residential status, Company shall: (1) Follow the procedures outlined in P.U.C. SUBST. R. 25.497 for processing the application and designating a Retail Customer as a critical care residential customer or chronic condition residential customer and for notifying the Competitive Retailer and Retail Customer of any designation and any change in Retail Customer's designation; (2) Follow the requirements under P.U.C. SueST. R. 25.497 for sending renewal notices to a Retail Customer designated as a critical care residential customer or chronic condition residential customer; and (3) Ensure ESI 1Ds are properly identified for critical care or chronic condition status in Company systems and on applicable Retail Market transactions. 4.3.9.2 CRITICAL LOAD INDUSTRIAL CUSTOMER OR CRITICAL LOAD PUBLIC SAFETY Upon receipt of a request for designation as a critical load industrial customer or critical load public safety customer Company shall: (1) Follow the Company - established process for evaluating the request for Critical Load status in collaboration with the Retail Customer's Competitive Retailer and Retail Customer and determine Retail Customer's eligibility for the appropriate Critical Load designation within one month of Company's receipt of the application; (2) Follow the Company - established process for appeal and notify the Competitive Retailer and Retail Customer of any change in qualification based on the appeal; and (3) Ensure ESl IDs are properly identified for critical load status in Company systems and on applicable Retail Market transactions. 4.3.9.3 OTHER COMPANY RESPONSIBILITIES Company shall fulfill any other responsibilities pursuant to P.U.C. Subst. R. 25.497. 4.3.10 NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY INTERRUPTIONS Upon notice to Competitive Retailer, Company may suspend Delivery Service to Retail Customer: 28 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 8 of 25 Effective Date: January 9, 2011 Revision: Four (1) In the event of unauthorized use, unauthorized connection or reconnection, or diversion of service or Tampering with the Meter or Metering Equipment or bypassing same; (2) In the event of Retail Customer's violation of the provisions of Company's Tariff pertaining to the use of Delivery Service in a manner which interferes with the Delivery Service of others or the operation of nonstandard equipment, or as otherwise specified by written agreement, and a reasonable opportunity has been provided to remedy the situation; (3) Upon Retail Customer's failure to comply with the terms of any written agreement made between Company and Retail Customer, upon default of Retail Customer under such an agreement, or upon failure to pay any charges billed by Company directly to Retail Customer pursuant to Section 5.8.2, BILLING TO RETAIL CUSTOMER BY COMPANY after a reasonable opportunity has been provided to remedy the failure; (4) For Retail Customer's failure to provide Company with reasonable access to Company's facilities or the Meter located on Retail Customer's Premises after a reasonable opportunity has been provided to remedy the situation; or (5) Upon Company's receipt of a notice requiring such action, in the form and from the party specified by Applicable Legal Authorities. Company will not be responsible for monitoring or reviewing the appropriateness of any such notice except as provided in Section 5.3.7.4, PROHIBITED SUSPENSION OR DISCONNECTION. Company shall provide electronic notice pursuant to Section 3.8, FORM OF NOTICE, of any noticed suspension of service to Competitive Retailers, operating in its service territory specifically identifying the time, location (if possible), cause and expected duration of such suspension. Company shall perform all suspensions or disconnects in accordance with Section 5.3.7.4, PROHIBITED SUSPENSION OR DISCONNECTION. 4.3.11 RESTORATION OF DELIVERY SERVICE Company will conduct restoration efforts as soon as possible following the alleviation or correction of the conditions that cause a suspension or disconnection and provide notice of restoration of service as soon as practicably possible. 4.3.12 DISCONNECTION OF SERVICE TO RETAIL CUSTOMER'S FACILITIES AT THE REQUEST OF COMPETITIVE RETAILER Except as provided in Section 5.3.7.4, PROHIBITED SUSPENSION OR DISCONNECTION, Company will not be responsible for monitoring or reviewing the appropriateness of any notice from a Competitive Retailer requesting connection, disconnection, or suspension of Delivery Service to Retail Customer. 4.3.12.1 MOVE OUT REQUEST In the event that Retail Customer is vacating the Premises and Competitive Retailer no longer desires to be associated with the Point of Delivery, Competitive Retailer shall notify the Registration Agent of the date Competitive Retailer desires Company to discontinue Delivery Service to a particular Point of Delivery through a move -out transaction. Company shall discontinue Delivery Service to the Point of Delivery on the requested date provided the Company receives the transaction at least two Business Days prior to the requested date. A transaction received after 5:00 PM CPT on a Business Day, or on a day that is not a Business Day, will be considered received on the next Business Day. If the request is received less than two Business Days prior to the requested date, the Move -Out will be scheduled for the Business Day that is two 29 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 9 of 25 Effective Date: January 9, 2011 Revision: Four Business Days after the date the request is received. If the requested date is not a Business Day, the move -out will be scheduled for the first Business Day following the requested date. Competitive Retailer shall not be responsible for any Delivery Services provided to that Point of Delivery after the move -out is effectuated unless specifically requested by the Competitive Retailer, and applicable to the time the Competitive Retailer was the Competitive Retailer of Record. 4.3.12.2 DISCONNECTION DUE TO NON - PAYMENT OF COMPETITIVE RETAILER CHARGES; RECONNECTION AFTER DISCONNECTION Competitive Retailer may request disconnection for non - payment by Retail Customer or reconnection thereafter as authorized by the Commission's customer protection rules and in accordance with Chapter 6 of the tariff. The execution of a disconnection for non- payment does not relieve the Competitive Retailer of responsibility for any Delivery Services provided to that Point of Delivery. For premises without a provisioned advanced meter, for premises with a provisioned advanced meter without remote disconnect/connect capabilities, and for premises with a provisioned advanced meter that Company cannot successfully communicate with at the time Company attempts to execute the request by using Company's advanced metering system, standard reconnect requests received by Company by 2:00 PM CPT on a Business Day shall be reconnected that day. For such premises, standard reconnect requests received by Company after 2:00 PM CPT on a Business Day shall be reconnected that day, if possible, but no later than the close of Company's next field operational day. For premises with a provisioned advanced meter with remote disconnect/connect capabilities and for which the Company can successfully communicate with that provisioned advanced meter at the time Company attempts to execute the request by using Company's advanced metering system, standard reconnect requests received by Company from 8:00 AM CPT to 7:00 PM CPT on a Business Day shall be reconnected within 2 hours of receipt of a request. For premises with a provisioned advanced meter with remote disconnect/connect capabilities where the Competitive Retailer provides prepaid service under P.U.C. SUBST. R. 25.498, Retail Electric Service Using a Customer Prepayment Device or System, standard reconnect requests received by the Company from 8:00 AM CPT to 7:00 PM CPT on a Business Day shall be reconnected within 1 hour of receipt of request. For all premises, standard reconnect requests received by Company between 2 :00 PM CPT and 5:00 PM CPT on a Business Day shall be reconnected that day if possible, but no later than the close of Company's next field operational day. Standard reconnect requests received by Company after 7:00 PM CPT or on a day that is not a Business Day may be considered received at 8:00 AM CPT on the next Business Day. 4.3.13 CUSTOMER REQUESTED CLEARANCE At the request of Competitive Retailer for Retail Customer related construction, alteration, or other temporary clearance, Company shall disconnect Retail Customer's facilities in accordance with Chapter 6. 30 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 10 of 25 Effective Date: January 9, 2011 Revision: Four 4.4 BILLING AND REMITTANCE 4.4.1 CALCULATION AND TRANSMITTAL OF DELIVERY SERVICE INVOICES Not later than three Business Days after the scheduled date of a Meter Read for a Point of Delivery, Company shall transmit an electronic invoice for the Company's total Delivery System Charges associated with that Point of Delivery, to the Competitive Retailer supplying Electric Power and Energy to that Point of Delivery. Company shall separately identify the Delivery System Charges and Billing Determinants on the electronic invoice, to the extent that the transaction allows them to be reported, for each Point of Delivery served by a Competitive Retailer. Company shall provide information on any Billing Determinants not provided on the electronic transaction free of charge to Competitive Retailer upon request, within two Business Days from the receipt of the request. The start and end dates for the billing period contained on the invoice shall match the start and end dates of the Meter Read for the Premises. Charges for Discretionary Services, other than Construction Services, provided to a particular Point of Delivery shall be separately identified on the invoice. Electronic invoices shall be transmitted using the appropriate TX SET transaction and shall be consistent with the terms and conditions of this Tariff. The Competitive Retailer shall acknowledge the receipt of the invoice and indicate whether the transaction conformed with ANSI X12 using the appropriate TX SET transaction within 24 hours of the receipt of the invoice. If Company receives a negative acknowledgement indicating the transaction failed ANSI X12 validation, Company shall correct any Company errors and re -issue the transaction within two Business Days of receipt of the negative acknowledgement. Following a positive acknowledgement indicating the transaction passed ANSI X12 validation, the Competitive Retailer shall have five Business Days to send a rejection response in accordance with the TX SET Implementation Guides and Commission Rules. However, if the Competitive Retailer receives an invoice relating to an ESI ID for which the Competitive Retailer has sent an enrollment or move -in request but has not received a response transaction from ERCOT, then the Competitive Retailer shall allow four Business Days to receive the response. If the Competitive Retailer has still not received the response transaction, the Competitive Retailer shall not reject the invoice, but will utilize an approved market process to resolve the issue. Additionally, a Competitive Retailer shall not reject an invoice, claiming it is not a Valid Invoice, outside the timelines specified in this subsection, or without supplying appropriate rejection reasons in accordance with TX SET Implementation Guides and Commission Rules. A Competitive Retailer may dispute a Valid Invoice under Section 4.4.8, INVOICE DISPUTES, but not reject it. 4.4.2 CALCULATION AND TRANSMITTAL OF CONSTRUCTION SERVICE CHARGES Construction Service Charges shall be invoiced to the entity requesting such service. If Competitive Retailer has requested such a service, Company shall include the Construction Service Charge associated with that service as a separately identified item on the invoice provided pursuant to Section 4.4.1, CALCULATION AND TRANSMITTAL OF DELIVERY SERVICE INVOICES. 4.4.3 INVOICE CORRECTIONS Invoices shall be subject to adjustment for estimation or errors, including, but not limited to, arithmetic errors, computational errors, meter inaccuracies, and Meter Reading errors. Company 31 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 11 of 25 Effective Date: January 9, 2011 Revision: Four shall cancel and re -bill the original invoice that was incorrect and apply any payments made as provided by Applicable Legal Authorities. If it is determined that Company over - billed for Delivery Charges, Company will make adjustment(s) associated with the Point of Delivery for the entire period of over - billing. Interest shall be paid on any overcharge not corrected within three billing cycles of the occurrence of the error (or estimation) at a rate set by the Commission, compounded monthly, from the date of payment of the overcharged amount through the date of the refund. If it is determined that Company under - billed for Delivery Charges, Company will promptly issue a corrected invoice. Company may not charge interest on underbilled amounts unless such amounts are found to be the result of theft of service. Company may not issue an invoice for underbillings for adjustments more than 150 days after the date the original invoice was issued or should have been issued. All invoices with estimations shall be trued -up within 150 days of the estimation. If Company does not true -up an underbilling within 150 days, Company may not bill for the difference it has underbilled. If Company has over - billed due to an estimation, Company shall refund the difference for the entire period. Company shall render a corrected invoice within seven days of the date of resolution of the error unless otherwise prohibited by this section. Disputes about invoice corrections shall be governed by Section 4.9, DISPUTE RESOLUTION PROCEDURES. 4.4.4 BILLING CYCLE Unless otherwise stated in the applicable Rate Schedule or as provided in Section 4.8.1.3, OUT - OF -CYCLE METER READS, invoiced charges shall be based on a cycle of approximately one month. The Competitive Retailer shall have the right to request a one -time adjustment to a Retail Customer's Meter Readinglbil[ing cycle. The Competitive Retailer must select another Company - defined Meter Reading Schedule, if available for that account, unless the Retail Customer has remote Meter Reading capability, in which case the Competitive Retailer has the right to arrange for any Meter Read /billing cycle subject to Company's and ERCOT's Meter data processing capabilities. Company shall notify Competitive Retailer of any permanent changes in billing cycle or Meter Reading Schedules. Notification shall be provided in accordance with appropriate TX SET protocol. Company's Meter Reading Schedules will be made available on Company's website for the next year by December 15. Company shall provide 60 days notice for any changes in the Meter Reading Schedule. 4.4.5 REMITTANCE OF INVOICED CHARGES Payments for all Delivery Charges invoiced to Competitive Retailer shall be due 35 calendar days after the date of Company's transmittal of a Valid Invoice. The 35 calendar day payment provision shall not apply to invoices that have been rejected using Applicable Legal Authorities. Disputed invoiced amounts shall be governed by Section 4.4.8, INVOICE DISPUTES. Payments are due without regard to whether or when the Competitive Retailer receives payment from its Retail Customer(s). The Company shall specify the due date on the invoice, and the due date shall be the 35 calendar day after the transmittal date of the Valid Invoice, unless the 35 day falls on a weekend or Banking Holiday, in which case the due date shall be the following Business Day that is not a Banking Holiday. Electronic invoices transmitted after 5:00 p.m. CPT shall be considered transmitted on the next calendar day. 32 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 12 of 25 Effective Date: January 9, 2011 Revision: Four Notwithstanding the above, Company and Competitive Retailer may mutually agree to different billing and payment timelines for Discretionary Services, provided that such terms are afforded on a non - discriminatory basis to all Competitive Retailers. Competitive Retailer shall pay the invoice by electronic funds transfer (EFT) or by wire transfer (WT) to a bank designated by Company. Payment will be considered received on the date Company's bank receives the EFT or WT and the appropriate remittance advice is received by Company in accordance with the requirements specified by Applicable Legal Authorities. 4.4.6 DELINQUENT PAYMENTS Payments for Delivery Charges invoiced to Competitive Retailer shall be considered delinquent if not received by 5:00 p.m. CPT of the due date stated on the Valid Invoice. Delinquent payments will be subject to a one -time late fee of 5% of the delinquent balance existing on the day after the due date stated on the Valid Invoice. Competitive Retailer shall be considered in default only after a ten calendar day grace period has passed without the Competitive Retailer fully paying the delinquent balance. Upon delinquency of Competitive Retailer, Company shall provide notice in writing to Competitive Retailer stating that Competitive Retailer is delinquent and shall be in default if payment is not received within ten calendar days. If the amount of the penalty is the sole remaining past -due amount after the ten calendar day grace period, the Competitive Retailer shall not be considered to be in default unless the penalty is not paid within an additional 30 calendar days. 4.4.7 PARTIAL PAYMENTS Unless otherwise governed by Schedule TC of this Tariff or P.U.C. SUBST. R. 25.108, Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges, partial payments will be applied pro -rata to all separately stated charges. 4.4.8 INVOICE DISPUTES. Unless otherwise governed by Schedule TC of this Tariff or P.U.C. SUBST. R. 25.108, Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges, Competitive Retailer shall pay all undisputed portions of an invoice within the remittance timeframes of Section 4.4.5, REMITTANCE OF INVOICED CHARGES, unless otherwise agreed to by Company and Competitive Retailer. If a Competitive Retailer disputes all or a portion of an invoice, the Competitive Retailer may refuse to pay the disputed amount. If it does so, it shall provide written notice of the dispute to the Company's designated contact under Section 3.9, DESIGNATION OF COMPANY CONTACT PERSONS FOR MATTERS RELATING TO DELIVERY SERVICE and shall include in the notice, at a minimum, an explanation of the disputed portion of the invoice, the basis of the dispute, and a proposed resolution. Company may dispute the reason for which a Competitive Retailer rejects an invoice as prescribed in Section 4.4.1, CALCULATION AND TRANSMITTAL OF DELIVERY SERVICE INVOICES. Company 'shall provide written notice of the dispute to the Competitive Retailer's designated contact and shall include in the notice, at a minimum, an explanation of the disputed rejection, the basis of the dispute and a proposed resolution. Upon notice of a dispute, the responding party shall investigate and respond in writing to the disputing party within ten Business Days of transmittal of the notice. Such response shall include a proposed resolution. Within 20 Business Days of the response, either party may initiate the dispute resolution procedures set forth in Section 4.9, DISPUTE RESOLUTION PROCEDURES. 33 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 13 of 25 Effective Date: January 9, 2011 Revision: Four If Company does not receive notification of a dispute within 11 months from the due date of the invoice in question, said invoice shall be deemed conclusive and binding. Upon resolution of the dispute, the appropriate adjustments will be reflected on the first subsequent invoice after resolution. If the Competitive Retailer has remitted amounts found to be improperly invoiced, Company shall pay interest on such amounts from the date payment was received by Company until the date of refund of such amounts at the interest rate set in accordance with Tex. Utilities Code Ann. Chapter 183. If the Competitive Retailer has been found to have withheld amounts properly invoiced, Competitive Retailer shall pay interest on the disputed amount from the due date on the invoice at the interest rate set in accordance with TEX. UTIL. CODE ANN. Chapter 183. If the dispute is resolved in favor of the Company, Company shall not hold Competitive Retailer in default for non - payment of the original invoice based on the original due date. The invoice shall be due within one Business Day of resolution of the dispute. A Competitive Retailer shall not dispute a methodology used to estimate a Meter Read if the estimation methodology has been approved by the Commission. 4.4.9 SUCCESSOR COMPETITIVE RETAILER A Competitive Retailer shall not be obligated to pay the delinquent balance of another Competitive Retailer as a condition of providing service to Retail Customers. The prior Competitive Retailer, however, shall in no case be relieved of any previously invoiced charges or late fees incurred in the use of Company's Delivery System. 4.5 SECURITY DEPOSITS AND CREDITWORTHINESS 4.5.1 SECURITY RELATED TO TRANSITION CHARGES If Company is subject to a financing order, Competitive Retailer shall provide security for Transition Charges in accordance with Schedule TC of this Tariff in addition to other requirements in P.U.C. SUBSS. R. 25.108, Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges. For purposes of establishing any required deposit for Transition Charges, a Competitive Retailer shall provide any required deposit within ten calendar days of receipt of the first Valid Invoice from the Company. Company shall ensure that its deposit calculations are reproducible and able to be calculated by Competitive Retailer. 4.5.2 SECURITY RELATED TO OTHER DELIVERY CHARGES 4.5.2.1 DEPOSIT REQUIREMENTS Except as provided for in Schedule TC of this Tariff and P.U.C. SUBST. R. 25.108, Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges, or as provided in PUC Subst. R. 25.107, Certification of Retail Electric Providers, Company shall not require deposits for a Competitive Retailer that has not defaulted under Section 4.6, DEFAULT AND REMEDIES ON DEFAULT, within the past 24 months. if a Competitive Retailer has defaulted under Section 4.6 within the past 24 months, Company shall require the Competitive Retailer to provide a deposit as security for payments of amounts billed under this Tariff. Competitive Retailers who do not provide and maintain the security required by this section shall be considered in default, as provided in Section 4.6. 34 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 14 of 25 Effective Date: January 9, 2011 Revision: Four 4.5.2.2 SIZE OF DEPOSIT Deposits shall be equal to one -sixth of the estimated annual amount to be billed under this Tariff by Company to Competitive Retailer. The computation of the size of a required deposit shall be mutually agreed upon by the Competitive Retailer and Company. The amount of deposit shall be adjusted, if necessary, during the first month of each calendar quarter to ensure that the deposit accurately reflects the required amount. 4.5.2.3 FORM OF DEPOSIT Deposits under this section shall be in the form of cash, surety bond, letter of credit, affiliate guaranty, or any combination thereof at the Competitive Retailer's option. Competitive Retailer and Company may mutually agree to other forms of security, provided that Company offers such terms on a non - discriminatory basis to all Competitive Retailers. The Company shall be the beneficiary of any affiliate guaranty, surety bond or letter of credit. Providers of affiliate guaranty, surety bonds or letters of credit must have and maintain long -term unsecured credit ratings of not less than "BBB -" or "Baa3" (or equivalent) from Standard and Poor's or Moody's Investor Service, respectively. Other forms of security may be mutually agreed to by Company and Competitive Retailer. If the credit rating of the provider of the surety bond, affiliate guarantee, or letter of credit is downgraded below BBB- or Baa3 (or equivalent), Competitive Retailer must provide a deposit in accordance with this Tariff within ten Business Days of the downgrade. 4.5.2.4 INTEREST Cash deposits shall accrue interest payable to Competitive Retailer. Company shall pay all interest to Competitive Retailer upon refund of the deposit, or during the quarterly review under Section 4.5.2.2, SIZE OF DEPOSIT, if such interest causes the size of the deposit to exceed the required amount. Interest shall be paid at the Commission - approved interest rate for customer deposits. 4.5.2.5 HISTORICAL DEPOSIT INFORMATION Company shall maintain records showing the name and address of a depositor, the amount of the deposit, and each transaction concerning the deposit. Records of each unclaimed deposit shall be maintained for at least four years, during which time Company will make reasonable efforts to return the deposit and any accrued interest. 4.5.2.6 REFUND OF DEPOSIT Deposits, plus any accrued interest, shall be returned to Competitive Retailer after deduction of all charges and other debts that the Competitive Retailer owes Company, including any applicable late fees, when: (1) Competitive Retailer ceases operations within Company's service territory; (2) Other arrangements are made for satisfaction of deposit requirements; or (3) 24 months have elapsed without Competitive Retailer defaulting on any payment obligations, unless Section 4.5.2.1 permits Company to require a deposit. All unclaimed deposits will be held by Company for four years from the date the Competitive Retailer ceases operations in the Company's service territory. W. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 15 of 25 Effective Date: January 9, 2011 Revision: Four 4.6 DEFAULT AND REMEDIES ON DEFAULT 4.6.1 COMPETITIVE RETAILER DEFAULT A Competitive Retailer shall be considered to be in default under this Tariff if the Competitive Retailer: (1) Fails to remit payment to the Company as set forth in Section 4.4.6, DELINQUENT PAYMENTS; (2) Fails to satisfy any material obligation under this Tariff, including failure to fulfill the security requirements set forth in Section 4.5, SECURITY DEPOSITS AND CREDITWORTHINESS; or (3) Is no longer certified as a Retail Electric Provider. • _ �J�� ►�1�71�Y�7►11�71�J� 4.6.2.1 DEFAULT RELATED TO FAILURE TO REMIT PAYMENT OR MAINTAIN REQUIRED SECURITY Upon Competitive Retailer's default related to failure to remit payment or maintain required security, Company may pursue any or all of the following remedies: (1) Apply to delinquent balances Competitive Retailer's cash deposit, if any, and any accrued interest, or seek recourse against any letter of credit or surety bond for the amount of delinquent charges due to Company, including any penalties or interest; (2) Avail itself of any legal remedies that may be appropriate to recover unpaid amounts and associated penalties or interest; (3) Implement other mutually suitable and agreeable arrangements with Competitive Retailer, provided that such arrangements are available to all Competitive Retailers on a non - discriminatory basis; (4) Notify the Commission that Competitive Retailer is in default and request suspension or revocation of Competitive Retailer's certificate; and (5) Require Competitive Retailer to do one of the following: (A) Immediately arrange for all future remittances from Retail Customers of the Competitive Retailer in default to be paid into a dedicated account controlled by Company. Amounts collected in a dedicated account shall first be applied to amounts due Company, including any late fees and penalties with remaining amounts released to Competitive Retailer. Competitive Retailer shall bear all costs of such mechanism; or (B) Require Competitive Retailer to transition customers to another Competitive Retailer or POLR. A Competitive Retailer that has defaulted shall choose and notify Company as to which option under (5) above it shall implement, but, if the Competitive Retailer fails to immediately implement one of those options, Company shall immediately implement option (B). If Company or Competitive Retailer chooses option (B), Competitive Retailer shall provide all needed customer information to the POLR within three Business Days so that the POLR can bill Retail Customers. Competitive Retailer shall notify its Retail Customers of its choice of option (A) or (B) as soon as possible. 36 Tariff for Retain Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 16 of 25 Effective Date: January 9, 2011 Revision: Four 4.6.2.2 DEFAULT RELATED TO FAILURE TO SATISFY OBLIGATIONS UNDER TARIFF Upon failure of Competitive Retailer to satisfy material obligations under this Tariff, Company shall provide notice of default to Competitive Retailer that explains the reason(s) for default. Competitive Retailer shall have ten Business Days from the date of receipt of notification to cure such default. Upon the Competitive Retailer's failure to remedy the default by the expiration of the notice period, Company may pursue any or all of the following: (1) Implement mutually suitable and agreeable arrangements with Competitive Retailer, provided that such arrangements are available to all Competitive Retailers on a non - discriminatory basis; (2) Notify the Commission that Competitive Retailer is in default and request that certification be suspended or revoked; (3) Notify the Commission that the Municipally Owned Utility or Electric Cooperative is in default, and request that its Retail Customers in Company's service territory be immediately served by another qualified Competitive Retailer or the POLR. 4.6.2.3 DEFAULT RELATED TO DE- CERTIFICATION Upon loss of Commission certification as a Retail Electric Provider, Competitive Retailer shall abide by P.U.C. SUBST. R. 25.107, Certification of Retail Electric Providers, with respect to notice and transfer of Retail Customers to another qualified Competitive Retailer or the POLR. In the event Competitive Retailer fails to abide by this rule, the Commission may instruct the Registration Agent to immediately transfer the customers to the POLR. 4.6.3 CURE OF DEFAULT Upon payment of all past due amounts and associated penalties and late fees, establishment of any security required pursuant to Section 4.5 SECURITY DEPOSITS AND CREDITWORTHINESS, and cure of any failure to fulfill its material obligations under this Tariff, Competitive Retailer will no longer be considered in default and will not be required to comply with Section 4.6, DEFAULT AND REMEDIES ON DEFAULT. 4.7 MEASUREMENT AND METERING OF SERVICE 4.7.1 MEASUREMENT All charges for electricity consumed or demanded by a Retail Customer shall be based on Meter measurement except where otherwise provided for by the applicable Rate Schedule or this Tariff. Meters for residential Retail Customers shall be Company owned unless otherwise determined by the Commission. Retail Customers required by the Independent Organization to have an IDR Meter may choose a Meter Owner, other than Company, in accordance with Applicable Legal Authorities; otherwise, the Meter shall be owned by the Company. Company shall provide metering services and provide monthly Meter Reads used for Company billing, billing by a Competitive Retailer and ERCOT settlement in accordance with Applicable Legal Authorities and all standards and protocols adopted by the Independent Organization. 37 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 17 of 25 Effective Date: January 9, 2011 Revision: Four When mutually agreed to by Company and Competitive Retailer, if Retail Customer takes Delivery Service at primary distribution or transmission voltage, Company may meter Delivery Service on the low side of Retail Customer's transformers and adjust measurements to account for losses as set forth in Chapter 6. 4.7.2 METER READING Company is responsible for reading the Meter on a monthly basis in accordance with the published Meter Reading Schedule. Company must obtain an Actual Meter Reading within two Business Days of the date published in the Meter Reading Schedule, except as otherwise provided herein, and shall submit the Data from the Meter Read to the Registration Agent within three Business Days of the Scheduled Meter Reading date. If an Actual Meter Heading is not obtained, Company shall estimate the Meter Reading for invoicing purposes in accordance with this Chapter, the Rate Schedules in Section 6.1, RATE SCHEDULES, and Applicable Legal Authorities. Unless otherwise provided in this section or in the Rate Schedule, a Meter Reading shall not be estimated more than three times consecutively. Company shall establish validation procedures that prohibit zero usage and extreme value Meter Readings unless good reason exists for the readings. Company shall ensure that invoices and Meter Reading transactions with zero usage or usage with extreme and unlikely values are not issued to Competitive Retailer or Retail Customer unless Company has good reason to believe that the value is correct. In any month where the Meter Reading fails the validation process, Company shall perform a Meter re -read at no cost to the Competitive Retailer or Retail Customer. 4.7.2.1 DENIAL OF ACCESS BY RETAIL CUSTOMER If in any month Retail Customer prohibits access to Company to read the Meter (due to premises being locked, presence of a threatening animal, physical threats to meter reader, or other similar reason), Company shall provide the Retail Customer a door hanger requesting access the following month and informing the Retail Customer of the consequences for continuing to fail to provide access. If there is no door on which to leave a door hanger, Company may leave the door hanger at a point of ingress. if no point of ingress is available, Company may choose not to leave the door hanger and must notify Competitive Retailer of the inability to leave the door hanger. Company shall inform Competitive Retailer that Company was unable to gain access and the reason that Company was unable to gain access, providing enough detail that Competitive Retailer can explain to the Retail Customer and inform Competitive Retailer of the number of consecutive months Company has been denied access by the customer. if the Competitive Retailer is notified that a customer denied access to Company to read the Meter, Competitive Retailer shall contact the Retail Customer to request access for Company the following month and inform the Retail Customer of the consequences for continuing to fail to provide access. Competitive Retailer contact may be either by mail, telephone or door to door contact. After three consecutive months of denial of access by the Retail Customer to Company to read the Meter the Retail Customer has the following options: a) Disconnection of service; b) Installation of a remotely read Meter at the Retail Customer's expense and billed directly by Company to Competitive Retailer; or C) Relocation of the Meter to make Meter accessible at the Retail Customer's expense. 38 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 18 of 25 Effective Date: January 9, 2011 Revision: Four If Retail Customer does not choose an option, the Competitive Retailer shall choose the option on behalf of the Retail Customer. If the Competitive Retailer does not choose an option, the Company shall choose the option on behalf of the Competitive Retailer and Retail Customer. Company may continue to estimate a residential Premises or a non - critical load for an additional 60 days in order to implement one of the options. Company may continue to estimate a non - residential Critical Load Premises for an additional 60 days in order to implement one of the options. If after 60 days, Company has failed to implement an option that provides access, due to the Retail Customer's failure to grant access to implement the solution, Company may charge a fee each month of continued denial of access until an option authorized by this section can be implemented, in accordance with Chapter 6. Company must provide documentation of its attempts to implement the option to the Competitive Retailer, Retail Customer or the Commission upon request. The requirements of this section shall be effective no later than July 1, 2007. 4.7.2.2 ESTIMATES FOR REASONS OTHER THAN FOR DENIAL OF ACCESS BY RETAIL CUSTOMER The Company shall not estimate a Meter Reading for a Premises more than three consecutive times when customer has not denied access. Company's failure to make an Actual Meter Reading for reasons other than the Retail Customer's failure to provide access shall not be considered a break in a series of consecutive months of denial of access under Section 4.7.2.1, DENIAL OF ACCESS BY RETAIL CUSTOMER, but shall not be considered a month in which the Retail Customer has denied access. An estimate performed by Company for the purpose of a mass transition of Retail Customers when Actual Meter Reads are infeasible or Applicable Legal Authorities dictate an estimation shall not be considered a break in a series of consecutive months of estimates, but shall not be considered a month in a series of consecutive estimates performed by Company. The requirements of this section shall be effective no later than July 1, 2007. 4.7.3 REPORTING MEASUREMENT DATA Company shall report measurement data for a Point of Delivery as required by this Chapter and Applicable Legal Authorities. 4.7.4 METER TESTING Company will test the Meters in accordance with the schedule and standards of the American National Standards Institute, Incorporated ( "ANSI "), as adopted by the Commission, and P.U.C. SuBST. R. 25.124, Meter Testing. Upon a request by any authorized person in accordance with Applicable Legal Authorities, Company will perform additional tests of the accuracy of the Meter no later than ten Business Days after the request is received, provided the Meter is a self - contained single phase, kWh Meter and subject to obtaining Access as provided in Section 5.4.8, ACCESS TO RETAIL CUSTOMER'S PREMISES and completing any necessary coordination with the Retail Customer or a third party. In the event the Meter is other than a self- contained, 39 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 19 of 25 Effective Date: January 9, 2011 Re F single phase kWh Meter, Company will perform the additional tests no later than 30 calendar days after the request is received. The additional tests will be performed preferably on the Retail Customer's Premises, but may, at Company's discretion, be performed at a Meter test laboratory. The additional tests will be free of charge if the Meter is determined to be outside the accuracy standards established by ANSI or if a test has not been requested and performed in the previous four years, Company will provide a copy of the complete results of that test to the requesting party as soon as possible but within the timeframes allowed for testing of the Meter. Competitive Retailer or Retail Customer may request a new test if one has been performed within the previous four years, but if the Meter tests within ANSI accuracy standards, Company will charge Competitive Retailer for the additional tests in accordance with the Rate Schedules in Section 6.1, RATE SCHEDULES. Following the completion of any additional test, Company will promptly advise the party requesting the test of the date of removal of the Meter, the date of the test, the result of the test, who conducted the test, and where the test was performed. Company will provide more detailed information to customer upon request at no additional charge to the customer. A Competitive Retailer may request testing of a Non- Company Owned Meter. Company shall invoice any charges resulting from the request, to the Competitive Retailer. If a Non - Company Owned Meter is determined to be outside the accuracy standards established by ANSI, the Company shall remove the Meter and install a replacement Meter. Company must immediately notify Competitive Retailer upon removal of the Meter. 4.7.5 INVOICE ADJUSTMENT DUE TO METER INACCURACY, METER TAMPERING OR THEFT If any Meter is determined to be non - compliant with the accuracy standards prescribed by Commission rules, Company shall render an adjusted bill pursuant to Commission rules. 4.8 DATA EXCHANGE Company shall make proprietary Retail Customer information available to Competitive Retailer as prescribed by Applicable Legal Authorities. Company shall not assess separate charges for the provision of the most recent 12 months of Meter Data or load data to Competitive Retailer; however charges may apply for the provision of data beyond the most recent 12 months. 4.8.1 DATA FROM METER READING Company shall make available to the Registration Agent within three Business Days of the scheduled Meter Reading date, all of the data recorded in the Meter that is used for Company billing and is required by the Retail Customer's settlement profile (such as kWh, kW, WA) and, if applicable, Power Factor and any Meter Data required by Applicable Legal Authorities for Competitive Retailer to bill the Retail Customer. Competitive Retailer has the right to physical access of the Meter to the same extent Retail Customer has access, in accordance with the provisions of Section 5.10.2, RETAIL CUSTOMER RESPONSIBILITY AND RIGHTS, to obtain Meter Data if: (1) The Retail Customer authorizes the Competitive Retailer to access the Meter; (2) Data integrity is not compromised; and (3) Access is technically feasible. Metering data, except as specified in Section 4.8.1.3, OUT -OF -CYCLE METER READS, will be sent to the Competitive Retailer in complete billing periods. 40 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 20 of 25 Effective Date: January 9, 2011 Revision: Four All Meter Data values for 1DR Meters will contain an associated dateltime field as a time stamp. All other Meters will have a date field. All time stamps (both for data points and sets of data) will be reported in CPT. Metering Data values for advanced Meters will contain a date /time field, consistent with protocols implemented through Applicable Legal Authorities. Unless procedures are established for historical usage information to be provided by the Independent Organization, Company shall provide, in accordance with P.U.C. SUBST. R 25.472, Privacy of Customer Information, and within three Business Days if requested by Competitive Retailer in a switch request, the most recent 12 months of historical usage and/or interval data for a Retail Customer to Competitive Retailer through the appropriate TX SET protocol. Unless procedures are established for access to historical usage information to be provided by the Independent Organization, Company shall provide access to Retail Customer's historical usage and /or interval data, to Retail Customer and with the Retail Customers permission, current and/or prospective Competitive Retailers within three Business Days of the receipt of the request. Company shall maintain at least 12 months of usage and/or Demand data for each Premises with a volumetric or Demand Meter and shall also maintain interval data for any Premises for whom Company records interval data. If access is not provided by the Independent Organization, Company shall provide access to this data to IDR customers and advanced meter customers through a web -portal or other means such that the historical data is accessible at any time. If access is not provided by the Independent Organization, Company shall provide access to this data no later than July 1, 2007 to all other non - residential customers through a web - portal or other means such that the historical data is accessible at any time. Company shall ensure confidentiality of customer load data through the assignment of unique customer'passwords or personal identification numbers (PINs) released only to the Retail Customer. 4.8.1.1 DATA RELATED TO INTERVAL METERS Data from interval Meters will be sent as kWh during each interval. The kWh and kW or kVA Demand, as applicable, will be reported for each interval. Each recording interval shall be labeled according to Applicable Legal Authorities, 4.8.1.2 DATA REPORTED BY VOLUMETRIC (kWh) METERS Data reported by volumetric (kWh) Meters will include: the start-of- period date, usage for period, Demand readings (if available), end -of- period date, and end -of- period reading. Exceptions, which include initial Meter Reads and Meter changes for start-of- period reading, shall be appropriately labeled and provided in accordance with Applicable Legal Authorities. Upon termination of a Retail Customer's Delivery Service at a particular Point of Delivery through a successfully executed move -out transaction, Company will provide Meter Data to the Registration Agent within three Business Days of the date that the move -out was executed. 4.8.1.3 OUT -OF -CYCLE METER READS If a Competitive Retailer requests an out -of -cycle Switch, Company shall perform the associated out -of -cycle Meter Read in accordance with the timelines provided in Chapter 6. Out -of -cycle Meter Reads associated with a Retail Customer's change in designated Competitive Retailer shall be provided to both the new and previous Competitive Retailers on the next Business Day following the out -of -cycle Meter Read date. For the 41 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 21 of 25 Effective Date: January 9, 2011 Revision: Four new Competitive Retailer, the billing period begins with the out -of -cycle Meter Read, and for the previous Competitive Retailer, the billing period ends with the out -of -cycle Meter Read. Out -of -cycle Meter Reads not associated with a Retail Customer's change in Competitive Retailer (Meter Re- reads) shall be performed and the new reading shall be transmitted to Competitive Retailer within five Business Days of the receipt of the request. If, based upon the re -read, it is determined that the original monthly Meter Read was in error, the Meter Read and Billing Determinants for that billing period shall be corrected in accordance with Section 4.4.3, INVOICE CORRECTIONS, and no Discretionary Service charge will be applied by Company. If the re -read determines that the Original Meter Read was correct, a charge may be assessed for the re -read in accordance with Chapter 6. 4.8.1.4 ESTIMATED USAGE Company is responsible for reading Meter on a monthly basis in accordance with the published Meter Reading Schedule. If an Actual Meter Reading is not obtained, Company shall estimate the Meter Reading for invoicing purposes in accordance with this Tariff and Company shall provide the reason for the estimation. In no event shall such estimate equal zero for a known active Meter, nor equal or exceed double the previous non - estimated month's usage unless Company has good reason to believe that this value is a reasonable estimate and can provide its reason upon request to Competitive Retailer. Any electronic transaction transmitting an estimated Meter Reading to Competitive Retailer shall clearly denote that the Meter Reading is an estimate and include an explanation of the reason for the estimation. When an Actual Meter Reading is taken after two or more consecutive months of estimation, Company shall allocate any over or under - estimated usage over the entire estimation period. The allocation shall be based on the average daily consumption for the Retail Customer for the period between Actual Meter Reads. Estimated usage must be identified as "Estimated" in the SET transactions. If requested, Company shall provide the estimation method used. If an estimation methodology is developed by the Commission or other Applicable Legal Authority, Company shall use that methodology. A Meter Reading for an IDR Meter shall not be considered an Estimated Meter Reading if an Actual Reading was obtained and Company had to estimate a limited number of intervals of data to fill in gaps in the data collected. The requirement of this section that Company provide the reason for the estimation to Competitive Retailer on an electronic transaction shall be effective no later than July 1, 2007. 4.8.1.5 METER/BILLING DETERMINANT CHANGES Upon a Meter change, the data for each Meter shall be reported as a separate set of data within a single SET corresponding to the Retail Customer's billing period. If a Meter is replaced, an estimation of Meter Data may be made. The period of estimated Meter Data will be reported with the old Meter number. 42 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 22 of 25 Effective Date: January 9, 2011 Revision: Four If changes occur in Rate Schedule Billing Determinants, the new Billing Determinants will not become part of billing until the new Billing Determinants are available for a full Meter Read cycle. 4.8.2 DATA FOR UNMETERED LOADS For unmetered service, the following standards apply: (1) One usage value will be posted for an account, which may encompass multiple Points of Delivery; (2) If a change in an account's inventory of Points of Delivery is discovered for a past billing period, the entire amount of usage for the account should be reported as an adjustment; and (3) If an account goes from unmetered to metered service, metered usage starts with the first full billing cycle after the Meter is installed. 4.8.3 ADJUSTMENTS TO PREVIOUSLY TRANSMITTED DATA Re- sending or adjusting of previously transmitted data arises from data maintenance activities (e.g., response to inquiries, needs to restore data files, and responses to problems with posted data) and Meter maintenance activities (e.g., adjustments as improved information becomes available due to discovery of incorrect reads, crossed Meters, non - registering Meters, slow or fast Meters, incorrect multipliers, etc.). New requirements regarding the labeling of replacement data established by paragraphs (1) and (2) shall be implemented not later than July 1, 2007. The following standards apply to such previously transmitted data: (1) When corrections are made to previously sent data, the original SET shall be first cancelled. A replacement SET of data (labeled as replacement data) is then transmitted within one Business Day of the cancelled data; (2) When corrections are made to previously sent data, the complete set of data pertaining to a Meter and billing cycle will be provided in the replacement transaction. When sending or correcting data, each billing cycle for the affected Meter will be in a distinct data set in the SET. Only the data for the affected billing cycle and Meter will be transmitted; (3) In the case of "crossed Meters," in which Meter. numbers have been incorrectly reported for sets of usage data, the original SET will be cancelled and a new SET transmitted that correctly reports the data, ESI ID, and other associated data; (4) Company will make corrected data available to the original recipients in a timely manner no matter when the correction is made; (5) Company shall provide a reason for any correction to Competitive Retailer when the adjustment is made; and (6) All transactions containing corrections must be sent in accordance with TX SET standards as set forth in TX SET Implementation Guidelines and Commission rules. 4.8.4 DATA EXCHANGE PROTOCOLS The following standards and protocols are a baseline, or minimum set, necessary to facilitate data exchange between parties. Parties shall also comply with data exchange protocols established by the Commission or Independent Organization. (1) A uniform premise identifier number, ESI ID, will be utilized by the Company; (2) The ESI ID number will be used in all data exchanges specific to related premise data transactions; 43 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 23 of 25 Effective Date: January 9, 2011 Revision: Four (3) ESI ID is a unique, permanent, and non - intelligent number, used to facilitate communications in an unbundled electric market. The format shall be as determined by the protocols adopted by the Independent Organization; and (4) An ESI ID will be assigned by the Company for each Point of Delivery in accordance with protocols adopted by the Independent Organization. 4.9 DISPUTE RESOLUTION PROCEDURES 4.9.1 COMPLAINT PROCEDURES For complaints about Delivery Service including billing disputes, Competitive Retailer may contact the Company during normal business hours. Company and Competitive Retailer shall use good -faith and commercially reasonable efforts to informally resolve all disputes arising out of the implementation or interpretation of this Tariff and /or the activities relating to retail access. Unless otherwise provided for in this Tariff, all disputes shall be conducted pursuant to the following procedures: (1) Company or Competitive Retailer may initiate the dispute process by presenting to the other party a notice of the dispute /complaint in writing, unless the dispute involves an invoice and notice has already been given under Section 4.4.8, INVOICE DISPUTES. Notice shall include, at a minimum, a clear description of the dispute, the nature of the dispute, a contact name and telephone number, and a proposed resolution; (2) Disputes shall be referred as promptly as practicable to a designated senior representative of each of the parties for resolution on an informal basis; (3) The receiving party shall investigate the complaint and provide a response to the complaining party and a proposed resolution in writing as soon as possible, but not later than ten Business Days following receipt of the complaint; (4) In the event that the designated representatives are unable to resolve the dispute within 30 calendar days, from the date of the complaining party's initial notice under this Section, such dispute, by mutual agreement, may be referred to mediation or be submitted to binding arbitration and resolved in accordance with the current Commercial Arbitration Rules of the American Arbitration Association; and (5) In the event that binding arbitration is not chosen and resolution is not obtained within 30 calendar days after the initial notice or another mutually agreed upon timeline, an affected party may file a complaint with the Commission. 4.9.2 COMPLAINT WITH REGULATORY AUTHORITY Nothing in this section shall restrict the rights of Company or Competitive Retailer to file a complaint with the Commission, or to exercise all other legal rights and remedies. 4.10 SERVICE INQUIRIES Competitive Retailer may contact Company regarding the Delivery Service in situations that include, but are not limited to, the following: (1) Inquiries regarding site specific Delivery Services; (2) Construction of new lines, installation of a Meter, modification of existing equipment or change in Point of Delivery; (3) Special circumstances such as Delivery Service requirements that are of non - standard size or characteristics; or 44 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 24 of 25 Effective Date: January 9, 2011 Revision: Four (4) Initiation of Delivery System Service to Retail Customer. A Competitive Retailer seeking information about the above items may contact Company as appropriate during normal business hours. 4.11 OUTAGE AND SERVICE REQUEST REPORTING 4.11.1 NOTIFICATION OF INTERRUPTIONS, IRREGULARITIES, AND SERVICE REQUESTS Competitive Retailer shall be responsible for informing its Retail Customers how to report interruptions, irregularities, outages, and how to report service requests. Competitive Retailer shall meet this obligation in one of three ways: (1) Competitive Retailer may direct Retail Customers to call the Competitive Retailer for such reporting or requests and electronically forward outage information to the Company. Such arrangements shall ensure that all necessary information is communicated in a manner such that Company can respond to requests in a timely fashion and that Competitive Retailers are kept informed of the status of restoration efforts and service requests; (2) Competitive Retailer may direct Retail Customer to call Competitive Retailer for such reporting or requests and then forward the call to Company; or (3) Competitive Retailer may direct Retail Customers to directly call Company to make such reports or requests. Competitive Retailer choosing option (1) must ensure that all necessary information is electronically communicated to Company in a timely manner using the appropriate TX SET protocol or other communication alternative agreed to by Company and Competitive Retailer, so as not to unnecessarily delay Company's response. Upon notification by a Competitive Retailer that the Competitive Retailer plans to forward outage information or service order requests to Company electronically, Company shall be capable of receiving data electronically from Competitive Retailer within 18 months, unless mutually agreed otherwise by Company and Competitive Retailer or Company obtains a waiver from the Commission. The data necessary includes the following information: (1) Customer name, and if different, contact name; (2) Contact phone number; (3) ESIID; (4) Service address (including City and zip code) and directions to location when necessary; and (5) Description of problem or requested service. A Competitive Retailer choosing option (2) shall ensure that calls are properly forwarded to a Company supplied toll free telephone number. A Competitive Retailer choosing option (3) shall provide Retail Customers, in accordance with the Commission's customer protection rules, with the Company supplied toll free telephone number and indicate that Retail Customer should call this number for interruptions, irregularities, outages and /or service requests. A Competitive Retailer choosing option (2) or (3) shall make arrangements with the Company to pre - authorize any service requests for which the Company will invoice the Competitive Retailer before such requests are performed. A Competitive Retailer who does not make other arrangements shall be deemed to have pre- authorized all service requests from Retail 45 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 25 of 25 Effective Date: January 9, 2011 Revision: Four Customers. Company shall not act in a discriminatory manner in making such arrangements with Competitive Retailers. Competitive Retailer shall designate in the Delivery Service Agreement Form (Appendix A to this Tariff ) which one of the three options it will select as its primary method for reporting interruptions, irregularities, outages, and which one of the three options it will select as its primary method for making service repair requests. Nothing in this section is meant to restrict a Competitive Retailer who has chosen to utilize option (1) or (2) for the majority of their Retail Customers to allow a Retail Customer with special needs to directly contact the Company if agreed to by the Competitive Retailer and Retail Customer, provided that Competitive Retailer abides by the conditions prescribed by this section for choosing option (3) for that Retail Customer. Company shall notify Competitive Retailers choosing option (2) or (3) of any change in the Company supplied telephone number 60 days in advance of such change. 4.11.2 RESPONSE TO REPORTS OF INTERRUPTIONS AND REPAIR REQUESTS Company will promptly investigate reported problems. If, upon making a Service Call, Company determines that a reported problem is caused by a condition on Retail Customer's side of the Point of Delivery, Company shall notify Competitive Retailer, and, if authorized by the Commission, charge Competitive Retailer a fee for the Service Call pursuant to the applicable Rate Schedule. 46 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 1 of 20 Effective Date: July 1, 2011 Revision: Four Chapter 5: Service Rules and Re c - Relating to the Provision of Delivery Service to Retail Customers 5.1 GENERAL 5.1.1 APPLICABILITY OF CHAPTER This Chapter governs the terms of access and conditions of the provision of Delivery Service by Company to Retail Customers, whether the Retail Customer has entered into a Service Agreement or not. This Tariff also applies to Retail Customers receiving Delivery Service unlawfully or pursuant to unauthorized use. 5.1.2 COMPANY CONTACT INFORMATION Notices and other communications by Retail Customer to Company shall be addressed to: Sr. Vice President and Chief Customer Officer Oncor Electric Delivery Company L.L.0 1616 Woodall Rodgers Fwy, 7 f=loor Dallas, Texas 75202 -1234 1- 888 - 313 -6862 5.2 LIMITS ON LIABILITY 5.2.1 LIABILITY BETWEEN COMPANY AND RETAIL CUSTOMERS This Tariff is not intended to limit the liability of Company or Retail Customer for damages except as expressly provided in this Tariff. Company will make reasonable provisions to supply steady and continuous Delivery Service, but does not guarantee the Delivery Service against fluctuations or interruptions. Company will not be liable for any damages, whether direct or consequential, including, without limitation, loss of profits, loss of revenue, or loss of production capacity, occasioned by fluctuations or interruptions unless it be shown that Company has not made reasonable provision to supply steady and continuous Delivery Service, consistent with the Retail Customer's class of service, and in the event of a failure to make such reasonable provisions, whether as a result of negligence or otherwise, Company's liability shall be limited to the cost of necessary repairs of physical damage proximately caused by the service failure to those electrical delivery facilities of Retail Customer which were then equipped with the protective safeguards recommended or required by the then current edition of the National Electrical Code. However, if damages result from fluctuations or interruptions in Delivery Service that are caused by Company's or Retail Customer's gross negligence or intentional misconduct, this Tariff shall not preclude recovery of appropriate damages when legally due. 5.2.2 LIMITATION OF DUTY AND LIABILITY OF COMPETITIVE RETAILER Competitive Retailer has no ownership, right of control, or duty to Company, Retail Customer or other third party, regarding the design, construction or operation of 47 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 2 of 20 Effective Date: July 1, 2011 Revision: Four Company's Delivery System. Competitive Retailer shall not be liable to any person or entity for any damages, direct, indirect or consequential, including, but without limitation, loss of business, loss of profits or revenue, or loss of production capacity, occasioned by any fluctuations or interruptions of Delivery Service caused, in whole or in part, by the design, construction or operation of Company's Delivery System. 5.2.3 DUTY TO AVOID OR MITIGATE DAMAGES Company and Retail Customer shall use reasonable efforts to avoid or mitigate its damages or losses suffered as a result of the other's culpable behavior under Section 5.2.1, LIABILITY BETWEEN COMPANY AND RETAIL CUSTOMERS. 5.2.4 FORCE MAJEURE Neither Company nor Competitive Retailer shall be liable for damages for any act or event that is beyond such party's control and which could not be reasonably anticipated and prevented through the use of reasonable measures, including, but not limited to, an act of God, act of the public enemy, war, insurrection, riot, fire, explosion, labor disturbance or strike, wildlife, unavoidable accident, equipment or material shortage, breakdown or accident to machinery or equipment, or good -faith compliance with a then valid curtailment, order, regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, including any order or directive of the Independent Organization. 5.2.5 EMERGENCIES AND NECESSARY INTERRUPTIONS Company may curtail, reduce voltage, or interrupt Delivery Service in the event of an emergency arising anywhere on the Delivery System or the interconnected systems of which it is a part, when the emergency poses a threat to the integrity of its system or the systems to which it is directly or indirectly connected if, in its sole judgment, such action may prevent or alleviate the emergency condition. Company may interrupt service when necessary, in Company's sole judgment, for inspection, test, repair, or changes in Company's Delivery System, or when such interruption will lessen or remove possible danger to life or property, or will aid in the restoration of Delivery Service. Company shall provide advance notice to Retail Customer's Competitive Retailer, if reasonably possible. Such notice may be made by electronic notice to all certificated Competitive Retailers operating within Company's service territory, specifically identifying the location, time and expected duration of outage. Notice shall also be provided, if reasonably possible, to those Retail Customers designated as critical care residential customers, chronic condition residential customers, critical load industrial customers, or critical load public safety customers. If Retail Customer believes it qualifies for designation as a critical care residential customer, chronic condition residential customer, critical load industrial customer, or critical load public safety customers under P.U.C. SUBST. R. 25.497, Retail Customer may apply for designation as provided in P.U.C. SUBST. R. 25.497. Nothing herein shall prevent the Company from being liable if found to be grossly negligent or to have committed intentional misconduct with respect to its exercise of its authority in this Tariff. The operation of BPL shall not interfere with or diminish the reliability of Company's Delivery System. Should a disruption in the provision of Delivery Service occur due to BPL, Company shall prioritize restoration of Delivery Service prior to restoration of BPL - related systems. 48 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 3 of 20 Effective Date: July 1, 2011 Revision: Four 5.2.6 LIMITATION OF WARRANTIES BY COMPANY Company makes no warranties with regard to the provision of Delivery Service and disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. 5.3 SERVICE Company shall provide Delivery Service pursuant to the terms and conditions of this Tariff to any Retail Customer within Company's certificated service territory requiring such service. Except as required for Construction Services or other unique Delivery Service needs, Retail Customer should contact Retail Customer's designated Competitive Retailer for all matters relating to the provision of Delivery Service. 5.3.1 INITIATION OF DELIVERY SYSTEM SERVICE (SERVICE CONNECTION) For the purposes of this section, "initiation of Delivery System Service" refers to the actions taken by Company to energize Retail Customer's connection to the Delivery System. 5.3.1.1 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED Where existing Company facilities will be used for Delivery System Service and no Construction Service is needed, Company shall initiate Delivery System Service for Retail Customer if requested by Competitive Retailer through the Registration Agent unless: (1) The Retail Customer's electrical installation is known to be hazardous under applicable Codes, or is of such character that satisfactory Delivery System Service cannot be provided consistent with Good Utility Practice, or interferes with the service of other Retail Customers; or unless a known dangerous condition exists as long as it exists; or (2) The Competitive Retailer is not eligible for Delivery Service under Section 4.3.1, ELIGIBILITY or the Competitive Retailer or Retail Customer is in default under this Tariff. Retail Customer is considered to be in default if Retail Customer fails to satisfy any material obligation under this Tariff after being given notice of the failure and at least ten days to cure. The Retail Customer is responsible for selecting an eligible Competitive Retailer. Company shall direct Retail Customer to the Commission for a list of eligible Competitive Retailers or to other sources of information subject to Commission's Code of Conduct rules, if requested. Requests for new Delivery System Service which include the corresponding TX SET code for standard service, and are received by Company at least two Business Days prior to the Competitive Retailer's requested date shall be completed no later than the requested date. Requests received after 5:00 PM CPT or on a day that is not a Business Day, shall be considered received on the next Business Day. If the request is received less than two Business Days prior to the requested date, the Move -In will be scheduled for the Business Day that is two Business Days after the date the request is received. If the requested date is not a Business Day, the Move -In will be scheduled for the first Business Day following the requested date. This service is not available if inspections and permits, or other construction is required. 49 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 4 of 20 Effective Date: July 1, 2011 Revision: Four 5.3.7.2 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE REQUIRED Where Construction Services are required prior to the initiation of Delivery System Service, Retail Customer may contact Company directly to make arrangements for such service. All such requests shall be governed by the provisions in Section 5.7, FACILITIES EXTENSION POLICY. After completion of Construction Service, Company shall initiate Delivery System Service in accordance with Section 5.3.1.1, INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED. 5.3.2 REQUESTS FOR CONSTRUCTION SERVICES All Construction Service requests must include the following information: (1) Retail Customer contact name; (2) Retail Customer contact phone number; (3) ESI ID, if in existence and available; (4) Service address (including City and zip code), directions to location, and access instructions when appropriate; (5) Construction Services requested; and (B) Date requested for Company to perform or provide Construction Service. Company will contact the person designated in the request within two Business Days to make necessary arrangements for Construction Services pursuant to Section 5.7, FACILITIES EXTENSION POLICY and Section 5.10, METER. If a new ESI ID is required, Company shall establish the new ESI ID for the Point of Delivery and transmit the appropriate TX SET transaction to the Registration Agent prior to the commencement of Construction Services. 5.3.3 CHANGING OF DESIGNATED COMPETITIVE RETAILER Company shall change a Retail Customer's designated Competitive Retailer upon receipt of proper notification from the Registration Agent, in accordance with the Applicable Legal Authorities, unless the new Competitive Retailer is in default under the Tariff or is not eligible for Delivery Service under Section 4.3.1, ELIGIBILITY, of this Tariff. Company shall release proprietary customer information to a Competitive Retailer in a manner prescribed by Applicable Legal Authorities. 5.3.4 SWITCHING FEES AND SWITCHOVERS Company shall not charge Retail Customer for a change in designation of Retail Customer's Competitive Retailer. Company shall charge Retail Customer for a switchover to another distribution utility in accordance with Section 6.1, RATE SCHEDULES, of this Tariff. 5.3.5 IDENTIFICATION OF THE PREMISES AND SELECTION OF RATE SCHEDULES The establishment, assignment and maintenance of ES1 IDs shall be as determined by Applicable Legal Authorities. In addition, Company shall: Assign a unique ESI ID for each Point of Delivery, or in the case of non - Metered load, a unique ESI ID to each Premises, in accordance with Applicable Legal Authorities; 50 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 5 of 20 Effective Date: July 1, 2011 Revision: Four 2. Establish separate and distinct ESI IDs for temporary and permanent service. The temporary ESI 1D shall be retired after all market transactions associated with the temporary ESI ID have been completed. If the temporary meter has been used for the same Premises for which the permanent meter will be used, the same ESI ID may be used for temporary and permanent service; 3. Identify, assign, and maintain ESI IDs with the appropriate load profile, Meter Reading cycle, and other information necessary for accurate settlement of the wholesale market, unless such functions are undertaken by the Independent Organization; 4. Notify the Competitive Retailer and Independent Organization, using the appropriate TX SET transaction, of revisions in the assignment of a Rate Schedule; and 5. Maintain accurate United States Postal Service compliant services addresses, when available, to comply with Applicable Legal Authorities. Not later than July 1, 2007, when there are two or more ESI IDs for the same service address, the service address shall include information to distinguish between the Points of Delivery at the service address. The Rate Schedules included in this Tariff state the conditions under which Companys Delivery Services are available and the applicable rates for each Delivery Service. For service to a new Retail Customer at an existing Premises, Company shall reset all Demand ratchets and Retail Customer's Billing Demand and charges for Delivery Service shall not be determined based upon Premises history not associated with the new Retail Customer or on Retail Customer's previous history at a prior location unless Company's current base rates were set based on the assumption that the Demand ratchet would not be reset, in which case, Company shall begin resetting Demand ratchets no later than the conclusion of its next general rate case. Retail Customer may, if directed by Competitive Retailer, contact the Company to discuss the appropriate Rate Schedule for the Retail Customer. If requested, Company will assist Retail Customer in selecting the Rate Schedule that is best suited to existing or anticipated Delivery Service requirements. However, Company does not assume responsibility for the selection of the Rate Schedule or for any failure to select the most appropriate Rate Schedule for Retail Customer's Delivery Service requirements. Company shall direct Retail Customer to its Competitive Retailer to initiate any changes in Rate Schedule selection. Retail Customer shall notify its Competitive Retailer, who will in turn notify Company, of any factors affecting Retail Customer's Electrical Installation or use of Premises that may affect the applicability of a Rate Schedule. Company may change a Retail Customer's Rate Schedule if Company is made aware that the Retail Customer is no longer eligible to receive service under its current Rate Schedule. 5,3.6 CHANGES IN RATE SCHEDULES Unless a change in Rate Schedule is requested as a result of a change in Company's facilities or the Meter used to serve Retail Customer, or unless the change in Rate Schedule requires a different billing methodology, any change in a Rate Schedule selection shall be applicable for the entire billing cycle in which the change in Rate Schedule was requested if the request is made at least two Business Days before the Meter Read date for that Retail Customer. If a change in Company's facilities or Meter used to serve Retail Customer occurs, or if the change in Rate Schedule requires a different billing methodology or different Billing Determinants, then the change shall be effective in the next full billing cycle. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 6 of 20 Effective Date: July 1, 2011 Revision: Four 5.3.7 SUSPENSION OF SERVICE 5.3.7.1 SUSPENSIONS WITHOUT PRIOR NOTICE Company may, without prior notice, intentionally suspend Delivery Service to Retail Customer where a known dangerous condition exists and for as long as it exists, provided that such suspension does not result in another dangerous or life- threatening condition. Where reasonable, given the nature of the hazardous condition, Company shall post a notice of disconnection and the reason for the disconnection at the place of common entry or upon the front door of each Retail Customer as soon as possible after service has been disconnected. Company may also suspend service when such suspension is authorized by Applicable Legal Authorities. Where Company expects that large numbers of Retail Customers will be affected by a suspension for a significant amount of time, Company will notify Retail Customers about the suspension through the use of door hangers, letters, personal canvassing, news media, or other appropriate methods. If Retail Customer believes it qualifies for designation as a critical care residential customer, chronic condition residential customer, critical load industrial customer, or critical load public safety customer under P.U.C. SUBST. R. 25.497, Retail Customer may apply for designation as provided in P.U.C. SUBST. R. 25.497. Notice of a suspension of service shall be provided to Retail Customers currently designated as critical care, or chronic condition, or critical load if reasonably possible. Nothing in this section is intended to take precedence over the timely restoration of service. 5.3.7.2 NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY INTERRUPTIONS Company may suspend Delivery Service to Retail Customer upon notice to Retail Customer's Competitive Retailer: (1) In the event of unauthorized use, connection or reconnection, or diversion of service, or Tampering with the Meter or equipment, or bypassing same; (2) In the event of Retail Customer's violation of the provisions of Company's Tariff pertaining to the use of Delivery Service in a manner which interferes with the Delivery Service of others, or the operation of nonstandard equipment, or as otherwise specified by written agreement, and a reasonable opportunity has been provided to remedy the situation; (3) Upon Retail Customer's failure to comply with the terms of any written agreement made between Company and Retail Customer, or upon default of Retail Customer under such an agreement, or upon failure to pay any charges billed by Company directly to Retail Customer pursuant to Section 5.8.2, BILLING TO RETAIL CUSTOMER BY COMPANY, after a reasonable opportunity has been provided to remedy the failure; (4) For Retail Customer's failure to provide Company with reasonable access to Company's facilities and the Meter located on Retail Customer's Premises after a reasonable opportunity has been provided to remedy the situation; or 52 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 7 of 20 Effective Date: July 1, 2011 Revision: Four (5) Upon Company's receipt of a notice requiring such action, in the form and from the party specified by the Applicable Legal Authorities. Company will not be responsible for monitoring or reviewing the appropriateness of any such notice, except as provided in Section 5.3.7.4, PROHIBITED SUSPENSION OR DISCONNECTION. 5.3.7.3 RESTORATION OF SERVICE Company will conduct restoration efforts as soon as possible following the alleviation or correction of the conditions that cause a suspension or disconnection and provide notice to Retail Customer's Competitive Retailer as soon as practicably possible. 5.3.7.4 PROHIBITED SUSPENSION OR DISCONNECTION (1) Except in the case of suspensions of service related to dangerous conditions, clearance requests, or move -out requests, Company shall not disconnect or suspend Delivery Service to Retail Customer in the following situations: (A) On a day, or on a day immediately preceding a day, when personnel of Company are not available to the public for the purpose of reconnecting Delivery Service; (B) For delinquency of payment to Company by Retail Customer's Competitive Retailer; (C) During "extreme weather conditions" as defined in the Commission's customer protection rules; (D) At a permanent, individually metered dwelling unit of a Retail Customer for non- payment of amounts billed directly to Retail Customer by Company pursuant to the Company's Tariff, when that Retail Customer establishes that disconnection of Delivery Service will cause some person residing at that residence to become seriously ill or more seriously ill. (i) Each time a Retail Customer seeks to avoid disconnection of Delivery Service under subsection (D), the Retail Customer must accomplish all of the following by the stated date of disconnection: (1) have the subject person's attending physician (for purposes of this subsection the term "physician" shall mean any public health official, including, medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) call or contact the Company by the date of the disconnection; (11) have the subject person's attending physician submit a written statement to Company; and (II1) enter into a deferred payment plan. (ii) The prohibition against Delivery Service disconnection provided by subsection (D) shall last 63 days from the issuance of the bill by Company or a shorter period as agreed upon by Company and Retail Customer or subject person's physician; or (E) When the disconnection is authorized by the REP as a disconnection for nonpayment of electric service and Retail Customer is designated as a critical care residential customer, unless all of the procedures required by Company pursuant to P.U.C. Subst. R. 25.497 and P.U.C. Subst. R. 25.483 have been completed; or when the disconnection is authorized by the REP as a disconnection for nonpayment of electric service and Retail Customer is designated as a critical load industrial customer or a critical load public safety 53 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 8 of 20 Effective Date: July 1, 2011 Revision: Four customer, unless all Company - established processes are followed. If Retail Customer believes it qualifies for designation as a critical care residential customer, critical load industrial customer, or critical load public safety customer under P.U.C. Subst. R. 25.497, Retail Customer may apply for designation as provided in P.U.C. Subst. R. 25.497, 5.3.8 DISCONNECTION AND RECONNECTION OF SERVICE TO RETAIL CUSTOMER'S FACILITIES At the request of Retail Customer, or Retail Customer's designated Competitive Retailer, for Retail Customer related construction, alteration, emergency, or other temporary clearance, Company shall disconnect Retail Customer's facilities in accordance with Chapter 6. Competitive Retailer may request disconnection for non - payment by Retail Customer or reconnection thereafter as authorized by the Commission's customer protection rules. Company shall disconnect and reconnect Retail Customer's Premises upon request by a Competitive Retailer authorized to do so. 5.4 ELECTRICAL INSTALLATION AND RESPONSIBILITIES 5.4.1 RETAIL CUSTOMER'S ELECTRICAL INSTALLATION AND ACCESS Retail Customer is responsible for the design, installation, operation, protection, and maintenance of electric facilities beyond the Point of Delivery, and Company shall have no responsibility therefore, except for if Meter is maintained by Company. Retail Customer's Electrical Installation for receiving Electric Power and Energy must be installed in accordance with Company's specifications for electric installation, which are available upon request at Company's business offices located in the specific area where Delivery Service is desired. Retail Customer will install and maintain all of its lines and equipment in accordance with Good Utility Practice, all applicable lawful regulations and Codes, and in such condition and manner as not to endanger persons or property, or to cause impairment of Company's Delivery Service to Retail Customer or others. Retail Customer assumes responsibility for Electric Power and Energy delivered to Retail Customer at and past the Point of Delivery in accordance with Section 5.5, RETAIL CUSTOMER'S ELECTRICAL LOAD. 5.4.2 INSPECTION AND APPROVAL OF RETAIL CUSTOMER'S ELECTRICAL INSTALLATION In those locations where an ordinance requires Retail Customer to obtain a certificate of inspection and acceptance or a permit, Retail Customer will obtain all necessary permits and certificates of inspection covering its electrical installation. Company will not interconnect its Delivery System facilities with Retail Customer's Electrical Installation until Company receives notification of approval of Retail Customer's Electrical Installation by the proper authority. Company does not assume any duty of inspecting Retail Customer's lines, wires, switches, or other equipment. Without limiting the provisions of the foregoing sentence, Company may decline to interconnect its Delivery System facilities with any of Retail Customer's Electrical Installation that is known to be hazardous under applicable Codes or that is of such character that satisfactory Delivery Service cannot be provided consistent with Good Utility Practice, or where a known dangerous condition exists and for as long as it exists. 54 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 9 of 20 Effective Date: July 1, 2011 Revision: Four 5.4.3 LOCATION OF POINT OF DELIVERY AND RETAIL CUSTOMER'S ELECTRIC INSTALLATION Retail Customer's Electrical Installation must be arranged so that the location of the Point of Delivery allows Company to provide safe and reliable Delivery Service, taking into consideration the location of existing Company facilities and construction needed to connect Retail Customer's Electric Installation to Company system. Any change from the Company - approved Point of Delivery may be subject to a Discretionary Service Charge pursuant to Section 6.1, RATE SCHEDULES. In the event Company is required by Applicable Legal Authorities to relocate any of its facilities, Retail Customer will, at Retail Customer's expense, relocate or change Retail Customer's Electrical Installation as required. 5.4.4 CONNECTION OF RETAIL CUSTOMER'S ELECTRICAL INSTALLATION TO COMPANY FACILITIES Only personnel authorized by Company are permitted to make, energize, or de- energize connections between Company facilities and Retail Customer's Electrical Installation. 5.4.5 PROVISIONS FOR COMPANY FACILITIES AND EQUIPMENT AND THE METER Retail Customer must grant to or secure for Company, at Retail Customer's expense, any rights - of -way or easements on property owned or controlled by Retail Customer necessary for Company to install Delivery System facilities for the sole purpose of delivering Electric Power and Energy to Retail Customer. Retail Customer must provide, without cost to Company, suitable space on Retail Customer's Premises for the installation of Delivery System facilities necessary to deliver Electric Power and Energy to Retail Customer and for installation of Metering Equipment and the Meter pursuant to Section 5.10, METER. 5.4.6 RETAIL CUSTOMER'S DUTY REGARDING COMPANY'S FACILITIES ON RETAIL CUSTOMER'S PREMISES Consistent with Section 5.2, LIMITS ON LIABILITY (which limits any legal liability only as expressly stated therein), Retail Customer shall have a duty to exercise reasonable care not to damage Company Delivery System facilities on Retail Customer's Premises and shall not be considered to be a bailee or to have possession of those facilities. Retail Customer shall not Tamper with Company's facilities or the Meter on Retail Customer's Premises. Company shall not be liable to Retail Customer for any injuries that result from such Tampering. Loss of, or damage to, Company Delivery System facilities on Retail Customer's Premises caused by or arising out of Retail Customer's Tampering or failure to exercise reasonable care not to damage such facilities shall be subject to the provisions of Section 5.2, LIMITS ON LIABILITY. Charges for such loss or damage shall be consistent with Section 6.1, RATE SCHEDULES. 55 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 10 of 20 Effective Date: July 1, 2011 Revision: Pour The Retail Customer's authorization of the use of the Meter by a third party or designation of a Meter Owner does not relieve the Retail Customer of its obligations with regard to exercising care of the Delivery System or of prohibitions against Tampering with the Meter. Additionally, consistent with Section 6.1, RATE SCHEDULES, the Company may assess charges to Retail Customer for any damage or loss caused by the Retail Customer or by parties to whom Retail Customer has authorized to access the Meter. Company shall repair any street light or security light within 15 calendar days of receipt of a repair request from either the Retail Customer or Competitive Retailer unless otherwise provided in the Rate Schedules that pertain to lighting. 5.4.7 UNAUTHORIZED USE OF DELIVERY SYSTEM In the event of use or attempted use of the Delivery System, without Company's authorization, whether by Tampering with Meter or Metering Equipment or by any other means, Delivery Service may be suspended by Company. Company must comply with all Applicable Legal Authorities and Section 5.3.7, SUSPENSION OF SERVICE. A person found to be using the Delivery System without authorization must pay the charge for restoring Delivery Service as provided in Company's Rate Schedules under which that person would normally receive Delivery Service and may be required to pay all charges, including the following, before Delivery Service will be restored or initiated: (1) The Delivery Charges associated with the estimated amount of electricity delivered without Company authorization, which may be estimated based on amounts used under similar conditions during preceding years. Where no previous usage history exists at the same Premises, consumption may be estimated on the basis of usage levels of similar Retail Customers at similar Premises under similar conditions; (2) The cost of replacement or repair of any damaged Meter and associated Company equipment; (3) The cost of installment of protective facilities or of relocation of Meter, if necessary to prevent further unauthorized use; and (4) All other costs associated with the investigation and correction of the unauthorized use. 4ENW:.T6103 43� t+1.1=1 r:.n IK6111 -11 to]►Ti I?l. y 9.1?I IT,1 R] =[� Company's duly authorized representatives have the right of access to Retail Customer's Premises at all reasonable hours, or at any hour if for the sole purpose of restoring Delivery Service, to: inspect, erect, install, maintain, upgrade, convert, remove, or replace Company`s wiring apparatus and other facilities; read the Meter; and perform other activities necessary to provide Delivery Service, including tree trimming and tree removal where such trees in the opinion of Company constitute a hazard to Company personnel or facilities, or to the provision of continuous Delivery Service, provided, however, that such representatives comply with all applicable site - specific safety requirements which have been communicated by Retail Customer in writing to Company. Such personnel must exhibit a photo- identification badge to gain access. Failure to provide access may result in suspension of Delivery Service and/or additional charges under the appropriate Commission approved Tariff that shall be billed to Retail Customer's designated Competitive Retailer. Company will notify Retail Customer's designated Competitive Retailer of Retail Customer's failure to provide access. Retail Customer shall not grant access to the facilities of Company and the Meter except to authorized Company representatives. T Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 11 of 20 Effective Date: July 1, 2011 Revision: Four 5.5 RETAIL CUSTOMER'S ELECTRICAL LOAD 5.5.1 LOAD BALANCE If a Retail Customer takes multi -phase Delivery Service, Retail Customer must take reasonable actions to control the use of Electric Power and Energy so that Retail Customer's Electrical Load at the Point of Delivery is in reasonable balance. 5.5.2 INTERMITTENT ELECTRICAL LOADS AND LIMITATIONS ON ADVERSE EFFECTS Retail Customer shall not, without Company's consent, connect or operate equipment that produces voltage fluctuations, interference or distorted wave forms that adversely affect Delivery Service to other Retail Customers or that may be detrimental to the Delivery System. Such equipment includes, but is not limited to, spot and arc welding machines, X -ray machines, arc - furnaces, variable speed drives, elevators, dredges, locomotives, shovels, feed grinders, etc. Retail Customer contemplating the installation of such equipment must make specific prior arrangements through Competitive Retailer, or if directed by Competitive Retailer, with the Company directly. As part of such arrangements, Company may require the installation on Retail Customer's side of the Meter, of suitable apparatus, including additional transformer capacity or other equipment designed specifically to reasonably limit such adverse effect, Any such equipment provided by Company on the Delivery System (which may or may not be dedicated solely to such Retail Customer) to correct such adverse effects shall be treated as a Discretionary Service that is subject to the applicable Rate Schedule contained in Section 6.1, RATE SCHEDULES. Company shall comply with the procedures described in P.U.C. SUBST. R. 25.51, Power Quality. Where intermittent electrical loads or load control devices are a part of Retail Customer's installation, Company may determine through a methodology approved by the Commission, the billing Demand associated with the Retail Customer's Premises on the basis of a time interval which is shorter than that specified in Company's Rate Schedule under which Retail Customer is receiving Delivery Service. 5.5.3 EQUIPMENT SENSITIVE TO VOLTAGE AND WAVE FORMS Retail Customers planning the installation of electric equipment such as computers, communication equipment, electronic control devices, motors etc., the performance of which may be adversely affected by voltage fluctuations, distorted 60 hertz wave forms, or single phase events, are responsible for providing and installing the necessary facilities, including protective equipment, to limit these adverse effects. 5.5.4 CHANGE IN RETAIL CUSTOMER'S ELECTRICAL LOAD Retail Customer, or Competitive Retailer at the request of Retail Customer, shall notify Company when Retail Customer's Electrical Load or contracted Demand is to be changed substantially so that Company may ensure its facilities are adequate. In the event Retail Customer adds electrical load at Retail Customer's installation that results in the use of Delivery Service in excess of the maximum capacity of the Delivery System facilities serving Retail Customer, Retail Customer is subject to liability pursuant to Section 5.2, LIMITS ON LIABILITY for any damage to Company's facilities resulting from the use of Delivery Service in excess of such maximum. 57 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 12 of 20 Effective Date: July 1, 2011 Revision: Four WIM71111111961 =1 fli to] If the Power Factor of Retail Customer's load is found to be less than 95% lagging as measured at the Meter, Company may require Retail Customer to arrange for the installation of appropriate equipment on Retail Customer's side of the Meter necessary to correct Retail Customer's Power Factor between unity and 95% lagging as measured at Meter, or, if Retail Customer fails to correct its Power Factor consistent with this standard, the demand associated with Retail Customer's use of Delivery Service, as determined in the appropriate Rate Schedules in Section 6.1 RATE SCHEDULES, may be increased according to the following formulas: (1) Calculation of Power Factor Adjusted NCP kW. The NCP kW applicable under the Monthly Rate section shall be modified by the following formula: Power Factor Adjusted Monthly NCP kW= (Actual Monthly NCP kW x 0.95) /Current Month Power Factor (2) Calculation of Power Factor Adjusted 4 -CP kW. Each of the Retail Customer's monthly coincident peak kW demands used to calculate the Retail Customer's average 4 CP kW demand applicable under the Monthly Rate section shall be calculated using the following formula: Power Factor Adjusted Monthly CP kW = (Actual Monthly CP kW demand at the time of the ERCOT peak x 0.95) /Monthly Power Factor Power Factor Adjusted 4 -CP kW= average of the Retail Customer's Monthly CP kW as adjusted for power factor if applicable. (3) Power Factor Adjusted Monthly NCP kW demands will be used in determining the Billing kW under the applicable tariff schedule. If Company has a different power factor billing adjustment it shall conform to these calculations upon its next general rate case. Should a Retail Customer's Power Factor deviate from the standard described above to the point that it is causing Delivery System problems for other Retail Customers, and the Retail Customer fails to correct the problem after sufficient notice, Company may install the necessary equipment on the Delivery System to correct the problem to the standard described above, and the Retail Customer shall be required to reimburse Company for the cost. 5.5.6 TESTING OF RETAIL CUSTOMER EQUIPMENT In situations where historical Demand requirements will be exceeded due to properly noticed and Company approved scheduled equipment testing, Company will ignore for Billing Demand ratchet purposes the test period demands. Approval of the equipment testing schedule including date and time, shall be at Company's discretion, but shall not be unreasonably withheld, provided Retail Customer or Competitive Retailer contacts Company at least ten days in advance of the equipment testing. In no event shall Company approved testing occur between the hours of 12 noon and 8:00 PM during the weekdays of the months of June, July, August, and September. Charges for electric usage (kWh and kW) during the test period, may be billed to the Competitive Retailer. Increased demand for the testing period shall not affect the customer's demand for billing ratchet purposes. Charges for reading and resetting the Meter, if required, shall be as calculated and shall be billed to Competitive Retailer. 58 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 13 of 20 Effective Date: July 1, 2011 Revision: Four 5.6 LIMITATIONS ON USE OF DISTRIBUTION SERVICE 5.6.1 INTRASTATE RETAIL DELIVERY SERVICE LIMITATIONS (FOR ERCOT UTILITIES) Company will not provide Delivery Service to Retail Customer where any part of Retail Customer's Electrical Installation is located outside the State of Texas or is connected directly or indirectly to any other electric lines, all or part of which are located outside the State of Texas, other than through certain high - voltage direct current interconnections constructed under orders of the Federal Energy Regulatory Commission. 5.6.2 PARALLEL OPERATION Retail Customer may not, without written agreement with Company, connect Retail Customers Electrical Installation to a source of Electric Power and Energy in a manner that may permit Electric Power and Energy to flow into the Delivery System from such source. Retail Customer proposing the interconnection of Distributed Generation must comply with the provisions set forth in this Tariff and Applicable Legal Authorities. Requirements and specifications for all other interconnections for parallel operation shall be individually negotiated with Company. 5.7 FACILITIES EXTENSION POLICY 5.7.1 GENERAL This Facilities Extension Policy ( "Policy") addresses the requirements associated with extension of Delivery System facilities, i.e., Construction Services, at the request of Retail Customer or Competitive Retailer on behalf of its Retail Customer, for the following situations, which are sometimes collectively referred to as "extensions ": (1) Installation of standard facilities; (2) Installation of facilities in excess of standard facilities normally provided for requested type of service and allowed for in this Tariff; (3) Installation of non - standard facilities; (4) Upgrades of facilities due to Customer adding load; (5) Electric connections to temporary facilities; and (6) Removal and relocation of facilities. Company is responsible for the construction of Delivery System facilities necessary to connect Retail Customer's Point of Delivery to the Delivery System. The treatment of extension of Meter facilities is excluded from this section and is addressed in Section 5.10, METER, of this Chapter. Payments in the form of a contribution in aid of construction or an advance for construction may be required from the entity requesting such Construction Service prior to commencement of construction in accordance with Section, 5.7.4, ALLOWANCE FOR FACILITIES, Section 5.7.5, NON - STANDARD FACILITIES, and Section 6.1, RATE SCHEDULES. 5.7.2 CONTRACTUAL ARRANGEMENTS Company may require an executed Facility Extension Agreement, in the form approved by the Commission and specified in Section 6.3, AGREEMENTS AND FORMS, of this Tariff, between the entity requesting such service and Company prior to Company constructing standard and non - standard Delivery System facilities. In those instances where any payments are required, Company will provide a detailed cost estimate for the entity requesting the service to determine 59 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 14 of 20 Effective Date: July 1, 2011 Revision: Four the special contractual arrangements required before Construction Service is provided. Regardless of any such payment, Company shall at all times have title to and complete ownership and control over facilities installed by Company. 5.7.3 PROCESSING OF REQUESTS FOR CONSTRUCTION OF DELIVERY SYSTEM Requests for new residential Delivery Service requiring Construction Service, such as line extensions, shall be completed within 90 days of execution of the Facility Extension Agreement, or within a time period agreed to by the entity requesting the Construction Service and Company, and after the entity requesting Construction Service has made satisfactory payment arrangements for Construction Service Charges. For all other extensions requiring construction, requests should be completed within the time estimated by Company. For the purposes of this section, facility placement that requires a permit for a road or railroad crossing will be considered a line extension. Unless mutually agreed to by Company and Retail Customer, within ten Business Days of Company's receipt of a detailed request, Company shall give the entity requesting Construction Service an estimated completion date and an estimated cost for all charges to be assessed. Unless a delay is beyond the reasonable control of Company, a delay of more than 90 days beyond execution of the Facility Extension Agreement for new residential Delivery Service shall constitute failure to serve, unless the entity requesting the service has agreed to a longer term. The Commission may conduct enforcement action and seek penalties and other remedies for unreasonable delays. 5.7.4 ALLOWANCE FOR FACILITIES The entity requesting the service will receive an allowance for installation of facilities. The calculation of the allowance and definitions of standard and non - standard facilities are provided in Chapter 6. Payments in the form of a contribution in aid of construction may be required for requested extensions in excess of the allowance in accordance with Chapter 6. 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 allowance. 5.7.5 NON - STANDARD FACILITIES Non - standard facilities are defined in Chapter 6, and may include but are not limited to a two -way feed, automatic and manual transfer switches, Delivery Service through more than one Point of Delivery, redundant facilities, facilities in excess of those normally required for Delivery Service, or facilities necessary to provide Delivery Service at a non - standard voltage. If the entity requesting Construction Service desires Delivery Service utilizing non - standard Delivery System facilities, as described above and not covered elsewhere in this Tariff, Company shall construct such facilities unless, in the reasonable judgment of Company, such construction would impair Company's facilities or facilities with which Company is interconnected, impair the proper operation of such facilities, impair service to Retail Customers, or there are other appropriate concerns that the entity requesting service is unable or unwilling to correct. The entity requesting Construction Service shall pay to Company the estimated cost of all non- standard facilities, offset by any applicable allowance, as detailed in Chapter 6, and the Facility Extension Agreement. 60 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 15 of 20 Effective Date: July 1, 2011 Revision: Four 5.7.6 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, should a contribution in aid of construction be required pursuant to Chapter 6, only the cost of the facility upgrades that are attributable to the Retail Customer's request will be included in calculating a payment to Company. 5.7.7 TEMPORARY DELIVERY SYSTEM Company is responsible for the extension of Delivery System facilities necessary to connect Retail Customer's temporary Point of Delivery to Company's Delivery System for the purpose of providing temporary Delivery Service. Retail Customer, or the entity requesting such service, shall pay Company prior to Company's constructing temporary Delivery System facilities in accordance with Chapter 6. 5.7.8 REMOVAL AND RELOCATION OF COMPANY'S FACILITIES AND METERS Company may remove or relocate Company facilities and the Meter at Retail Customer's request unless doing so would create a safety hazard or would be incompatible with providing safe and reliable Delivery Service. Retail Customer, or the entity requesting such removal or relocation, shall pay to Company the total cost of removing or relocating such Delivery System facilities in accordance with Chapter 6. Company shall notify Competitive Retailer of all Meter Removals pursuant to this section. 5.7.9 DISMANTLING OF COMPANY'S FACILITIES Company -may, upon discontinuation of Delivery Service to Retail Customer, dismantle and remove all lines, equipment, apparatus, or other facilities, which Company installed to provide Delivery Service to Retail Customer. Company may abandon in place, in whole or in part, its underground lines and equipment in lieu of removing such. Company shall be subject to liability pursuant to Section 5.2 LIMITS ON LIABILITY (which limits any legal liability only as expressly stated therein), for any such abandoned lines or equipment, and may offer Retail Customer the option to terminate applicable easements pursuant to this Tariff. If Company removes outdoor lighting on its own initiative, it shall not charge for removal. A Retail Customer or a Competitive Retailer on behalf of Retail Customer, shall request removal of outdoor lighting facilities at least 30 days prior to the requested removal date. The removal request shall be completed by Company on requested removal date. If mutually agreed to by Company and the Retail Customer, or the Competitive Retailer on behalf of the Retail Customer, Company may begin the removal of outdoor lighting facilities and complete the removal of outdoor lighting facilities on a date or dates other than the initially requested removal date. 5.8 BILLING AND REMITTANCE 5.8.1 BILLING OF DELIVERY CHARGES Company shall bill Retail Customer's selected Competitive Retailer for all charges associated with Delivery Services and Discretionary Charges not associated with Construction Services. In no case shall Delivery Service Charges be billed to a Competitive Retailer for a time period when the Competitive Retailer was not the Retail Electric Provider for the Retail Customer. 61 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 16 of 20 Effective Date: July 1, 2011 Revision: Four 5.8.2 BILLING TO RETAIL CUSTOMER BY COMPANY For Construction Services, Company shall bill the entity that requests Construction Services from Company. When Retail Customer requests such services, Company may, pursuant to this Tariff and according to the terms of Facility Extension Agreement, require prepayments, contributions inaid of construction, or lump -sum payments for Construction Services. Upon a showing by Retail Customer of satisfactory credit, Company may extend payment options, such as deferred payment plans or installments of charges associated with Construction Services. Charges billed to Retail Customer pursuant to this section shall remain the responsibility of Retail Customer regardless of any change in Retail Customer's designated Competitive Retailer. Retail Customers may also be billed by Company for damage caused to Company facilities by Retail Customer, pursuant to Section 5.4.6, RETAIL CUSTOMER'S DUTY REGARDING COMPANY'S FACILITIES ON RETAIL CUSTOMER'S PREMISES, or Section 5.5.4, CHANGE IN RETAIL CUSTOMER'S ELECTRICAL LOAD, or for costs incurred by Company to correct any adverse effects of Retail Customer's Electrical Installation pursuant to Section 5.5.2, INTERMITTENT ELECTRICAL LOADS AND LIMITATIONS ON ADVERSE EFFECTS, or to correct Power Factor problems pursuant to Section 5.5.5, POWER FACTOR. 5.9 DEFAULT AND REMEDIES ON DEFAULT 5.9.1 COMPANY REMEDIES ON DEFAULT BY COMPETITIVE RETAILER Upon failure of Competitive Retailer to timely abide by the terms of this Tariff, Competitive Retailer may be required to transfer Retail Customer to the POLR or arrange for Retail Customers to be served by another qualified Competitive Retailer or the POLR, as provided in Section 4.6 DEFAULT AND REMEDIES ON DEFAULT. 5.10 METER 5.10.1 METERING PRACTICES Unless otherwise agreed to by Company and Retail Customer, Delivery Service is provided through one Point of Delivery, with Retail Customer's service entrance arranged so that Company can measure Retail Customer's Service with one Meter. Additional information, including information concerning non - Company or advanced metering installations, may be found in Chapter 6. 5.10.2 RETAIL CUSTOMER RESPONSIBILITY AND RIGHTS Each Retail Customer shall use reasonable care not to damage any of Company's Metering Equipment and related appurtenances on Retail Customer's Premises. Meters for residential Retail Customers shall be Company -owned unless otherwise determined by the Commission. Retail Customers required by the Independent Organization to have an IDR Meter may choose a Meter Owner, other than Company, in accordance with Applicable Legal Authorities otherwise, the Meter shall be owned by the Company. Retail Customer shall own all Meter Data related to the premise occupied by that customer, regardless of whether the Meter Owner is the Retail Customer, the owner of the premise or a third party. Ownership of the Meter Data does not affect Company's obligations under this Tariff or other Applicable Legal Authorities to transmit Meter Data to the Independent Organization or the Retail Customer's Competitive Retailer. To the extent that data integrity is not compromised, the Retail Customer shall have the right to physical access to the Meter to obtain such Meter Data when technically feasible. The Retail Customer shall have the right and capability, including 62 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 17 of 20 Effective Date: July 1, 2011 Revision: Four necessary security passwords, to assign access to the Retail Customers Meter Data related to the premise occupied by that customer. "Physical Access" does not grant a customer the right to access a Meter in any way that may allow the customer the ability, directly or indirectly to alter billing and settlement data or compromise the safety of the Meter. Retail Customer is precluded from accessing any element of the Meter that may permit Retail Customer to alter billing and settlement data or compromise the accuracy or integrity of the Meter Data. Retail Customer and, to the extent authorized by the Retail Customer, its designated Competitive Retailer shall have access to all of Retail Customer's Meter Data, including the data used to calculate charges for Delivery Service, Retail Customer's historical load data and other proprietary customer data from Company pursuant to Applicable Legal Authorities. If authorized by the Commission, Company may assess a charge for compiling such data pursuant to Section 6.1, RATE SCHEDULES. 5.10.2.1 REQUIREMENTS Retail Customer shall provide the following, at no cost to Company, at a suitable and easily accessible location: (1) Sufficient and proper space for installation of Meter and Metering Equipment; (2) Meter socket and Meter enclosure as specified by Company for all self- contained Meters; (3) Meter loop; and (4) An adequate anchor for Service Drops. Where the Point of Delivery is inside the building, Customer shall provide the service entrance enclosure and space for Company's instrument transformers, as required. Retail Customer shall install Company - approved Meter socket or Meter enclosure. No Meter or Metering Equipment may be by- passed for any reason without prior approval of Company or as permitted by Applicable Legal Authorities. 5.10.3 METERING OF RETAIL CUSTOMER'S INSTALLATION IN MULTI- METERED BUILDINGS When Delivery Service is measured through individual Meters for each living unit in multi - family dwellings or each retail space in a multi- tenant building, the property owner of each individually metered living unit or retail space is responsible for proper connection of Retail Customer's Electrical Installation to the Meter socket for Meter, including correct identification and labeling of Meter socket in order to designate living unit or retail space being metered. Company requires property owner, at property owner's expense, to correct any improper connection or identification and, when responsible, reimburse Company for any costs incurred as a result of the improper connection except as otherwise required by Applicable Legal Authorities. 5.10.4 LOCATION OF METER Consistent with Good Utility Practice, a Meter and its associated equipment shall be installed in a location that facilitates the provision of safe and reliable Delivery Service and accurate measurement and that provides a clear working space on all sides. The center of the Meter shall be not less than four feet and not more than six feet above the finished grade. All Meter locations should be as near as possible to the Point of Delivery. Meters for residential Retail Customers are to be located outside the building. Meter location for nonresidential Retail Customers normally will be outside the building. Inside locations may be permitted with Company's approval. 63 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 18 of 20 Effective Date: July 1, 2011 Revision: Four Meters will not be installed as follows: (1) In any hazardous location; (2) In any place where vibration, moisture, fumes or dust may damage the Meter or interfere with its operation; (3) Directly over any stairway, ramp or steps; (4) On any portion of a building which at a later date will be enclosed and thereby render the Meter inaccessible; (5) In any location accessible only through a hatchway, trapdoor, or by means of a ladder; or (6) In 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, alley or driveway which provides access to commercial or industrial property. 5.10.5 NON - COMPANY OWNED METERS Company shall provide all services associated with the Meter unless otherwise authorized by the Commission in accordance with Applicable Legal Authorities, including but not limited to, ownership, installation, removal, maintenance, testing and calibration, and data collection and management for Company billing and submission to Independent Organization. Requests for installation and /or removal of a Non - Company Owned Meter shall be made by the Retail Customer's Competitive Retailer in accordance with Applicable Legal Authorities, or by the Retail Customer to the Company directly. All such requests must include at least the following information: (1) Retail Customer contact name; (2) Retail Customer contact phone number; (3) Meter Owner contact name, address and phone number; (4) Meter Type and manufacturer; (5) Competitive Retailers contact name and phone number; (6) ESI ID if in existence and available; (7) Service address and directions to location when appropriate; (8) Service requested; and (9) Name, address, phone number and e-mail address of any agent designated by Retail Customer to make arrangements with Company for the requested service. Company shall acknowledge receipt of the request to Retail Customer, Competitive Retailer or Retail Customer's designated agent and will contact the entity designated by the Retail Customer to make proper arrangement to provide the requested service in accordance with Applicable Legal Authorities. An executed Service Agreement as approved by the Commission is required before installation of a Non - Company Owned Meter. The Service Agreement will include authorization of the Retail Customer's designated Meter Owner and will be in the form specified in Section 6.3, AGREEMENTS AND FORMS. Retail Customer is responsible for ensuring that Company is notified of any changes concerning the Non - Company owned Meter in accordance with the Service Agreement and Applicable Legal Authorities. The installation of a Meter that will cause a change of the settlement profile for the ESI 10 may occur at any time of the month, however the settlement profile will not change until the beginning of the next scheduled Meter Reading/billing cycle. 64 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 19 of 20 Effective Date: July 1, 2011 Revision: Four Company shall not remove the Non - Company Owned Meter upon de- energization of the Meter unless a specific request for Meter removal has been made by the Retail Customer, the Retail Customer's Competitive Retailer, the customer's designated agent or the Meter owner. However, if the Company receives a request to energize a Meter not owned by the Company and there is not an agreement in place with the Meter Owner at the time that energization is requested, the Company may remove the Meter. Upon removal of a Non - Company Owned Meter, Company shall immediately contact the Retail Customer, Meter Owner, and Competitive Retailer and shall ship the Meter Cash on Delivery (COD) to designated Meter Owner or shall safeguard the Meter until the earlier of (a) the date the Meter Owner takes possession of the Meter, or (b) 60 calendar days from the date of removal of the Meter. if the Meter Owner fails to take possession of the Meter within 60 calendar days or upon 30 days of the return of a Meter that has been shipped COD, the Company is no longer responsible for safeguarding the Meter and may dispose of it in any manner the Company deems appropriate. Charges associated with Non - Company Owned Meters will be invoiced directly to the Retail Customer, Competitive Retailer, or the entity requesting the service, pursuant to Chapter 6, including charges for the installation, removal, and storage of a Non - Company Owned Meter and the installation and removal of a Meter owned by the Company. 5.11 RETAIL CUSTOMER INQUIRIES 5.11.1 SERVICE INQUIRIES Retail Customer may contact Company directly regarding the Delivery Service, for the following situations: (1) Inquiries regarding site specific Delivery Services; (2) Construction of new lines, installation of a Meter, modification of existing equipment or change in Point of Delivery; or (3) Special circumstances such as Delivery Service requirements that are of non - standard size or characteristics. Retail Customer seeking information about the above items may contact the Company during normal business hours. in the event that Company personnel with the expertise needed to respond to the inquiry are not immediately available at the time of the Retail Customer's call, Company shall ensure that the Retail Customer is contacted within two Business Days. 5.11.2 COMPLAINTS Retail Customer may submit written complaints about Delivery Service to Company and may call Company to lodge complaints orally. Retail Customer shall contact the person listed under Section 5.1.2, COMPANY CONTACT INFORMATION. Company shall inform Retail Customer of its right to file a complaint with the Commission. Company shall provide contact information for the Commission to the Customer. 5.11.3 BILLING INQUIRIES Retail Customer inquiries concerning billing related issues shall be directed to Retail Customer's designated Competitive Retailer. Inquiries related to billing for Construction Services billed directly to Retail Customer should be referred to Company. 65 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 20 of 20 Effective Date: July 1, 2011 Revision: Four 5.12 OUTAGE REPORTING 5.12.1 NOTIFICATION OF INTERRUPTIONS, IRREGULARITIES, AND SERVICE REPAIR REQUESTS Retail Customer should report outages, interruptions, irregularities, or repair requests as directed by its designated Competitive Retailer. Company shall maintain a toll free number to receive, in either English or Spanish, reports of interruptions, irregularities, or repair requests from a Retail Customer. If Retail Customer directly contacts Company, Retail Customer must ensure that all necessary information is communicated to Company in a timely manner so as not to unnecessarily delay Company's response. The data necessary includes the following: (1) Retail Customer name, and if different, contact name; (2) Retail Customer phone number, and if different, contact phone number; (3) Service address (including city and zip code) and directions to location; (4) ESI ID, if available; and (5) Description of problem. 5.12.2 RESPONSE TO REPORTS OF INTERRUPTIONS AND REPAIR REQUESTS The Company will promptly investigate reported problems. If, upon making a Service Call, Company determines that a reported problem is caused by a condition on Retail Customer's side of the Point of Delivery, Company shall notify Competitive Retailer, and charge Competitive Retailer a fee for the Service Call pursuant to the applicable Service Charges in Chapter 6 of this Tariff. 66 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.1 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: July 1, 2011 Revision: Three Chapter 6: Company Specific Items 6.1 Rate Schedules 6.1,1 Delivery System Charges 6.1.1.1 Charges for Transmission and Distribution System Service 6.1,1.1.1 Residential Service AVAILABILITY This schedule is applicable to Delivery Service for residential purposes (which may include a small amount of non - residential usage incidental to residential usage) of a permanent nature to Individual Private Dwellings (including their appurtenant structures) and to individually metered apartments when such Delivery Service is to one Point of Delivery and measured through one Meter and is not for shared or resale purposes. Residential Service is limited to one Individual Private Dwelling per platted parcel of land or postal delivery address. If a premise is primarily used for non - residential purposes, Delivery Service will be provided under the Company's appropriate Secondary Service or Primary Service rate schedule. This schedule is not available for non - residential service, including but not limited to water wells, electric gates, barns, garages, boat docks, airplane hangars, or recreational vehicle parks, or for structures on the platted parcel of land requiring a separate Meter. TYPE OF SERVICE Delivery Service will be single - phase, 60 hertz, at a standard secondary voltage. Delivery Service will be metered using Companys standard watt-hour meter provided for this type of Delivery Service. Any other metering option(s) will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to section 6.1.2.2 of this Tariff. MONTHLY RATE Transmission and Distribution Charges: Customer Charge Metering Charge Transmission System Charge Distribution System Charge System Benefit Fund: $0.78 per Retail Customer $2.27 per Retail Customer $0.00 per kWh $0.018071 per kWh $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000169 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF 67 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.1 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: July 1, 2011 Revision: Three VII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits Vlll. Rate Case Expense Surcharge: See Rider RCE per kWh IX. State Colleges and Universities Discount: See Rider SCUD COMPANY SPECIFIC APPLICATIONS Delivery Service is also available at three -phase 60 hertz, at a standard secondary voltage. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 68 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.2 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: July 1, 2011 Revision: Four 6.1.1.1.2 Secondary Service Less Than or Equal to 10 kW AVAILABILITY This schedule is applicable to Delivery Service for non - residential purposes at secondary voltage with demand less than or equal to 10 kW when such Delivery Service is to one Point of Delivery and measured through one Meter and is not for shared or resale purposes. TYPE OF SERVICE Delivery Service will be single- phase, 60 hertz, at a standard secondary voltage. Delivery Service will be metered using Company's standard watt-hour meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to Section 6.1.2.2 of this Tariff. MONTHLY RATE 1. Transmission and Distribution Charges: Customer Charge , $1.70 per Retail Customer Metering Charge $5.17 per Retail Customer Transmission System Charge $0.00 per kWh Distribution System Charge $0.019633 per kWh 11. System Benefit Fund: $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000146 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC VII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits Vill. Rate Case Expense Surcharge: See Rider RCE per kWh IX. State Colleges and Universities Discount: See Rider SCUD 69 Tariff for Retail Delivery Service Oncor Electric Delivery Company L.L.0 6.1.1 Delivery System Charges Sheet: 1.2 Applicable: Entire Certified Service Area Page 2 of 2 Eff ective Date: July 1, 2011 Revision: Four COMPANY SPECIFIC APPLICATIONS Delivery Service is also available at three -phase 60 hertz, at a standard secondary voltage. Premises with a standard watt-hour meter that use 3,500 kWh or more in a month will have a demand meter installed to determine continued eligibility under this schedule. If the usage at a premise with an advanced meter reaches or exceeds 3,500 kWh in a month, any recorded demand of greater than 10 kW in subsequent months will result in the premise being assigned to the Secondary Greater than 10 kW rate schedule. UNMETERED SERVICE Company will provide unmetered service and calculate billing determinants for such service based on a 100 percent load factor. These billing determinants are applied to all charges included in this rate schedule. Delivery Service to telecommunications devices and governmental non - lighting related loads whose maximum power requirements do not exceed 80 watts will be billed at the Monthly Rate specified above, subject to the following conditions: 1. The monthly energy consumption for devices with a maximum load of 20 watts or less will be set at 10 kWh per device. 2. The monthly energy consumption for devices with a maximum load of 21 to 40 watts will be set at 20 kWh per device. S. The monthly energy consumption for devices with a maximum load of 41 to 60 watts will be set at 35 kWh per device. 4. The monthly energy consumption for devices with a maximum load of 61 to 80 watts will be set at 50 kWh per device. 5. A maximum of 50 individual devices can be aggregated to a single account (i.e., a single ESI ID), subject to the following conditions: a. All aggregated devices must have the same assigned monthly energy consumption (i.e., either 10 kWh, 20 kWh, 35 kWh, or 50 kWh per device); b. All aggregated devices must be located in the same city and county (or, in the event all of the devices are located outside the limits of an incorporated city, all devices must be located in the same county). In lieu of the meter charge, a per device charge of $1 per month will be added to the applicable charges. AGREEMENT Provision of unmetered service will require an agreement that includes certification by the retail customer on at least an annual basis of the number of installed devices and specific location of each device. Failure by retail customer to obtain Company's authorization for changes to unmetered service may result in Company's refusal to continue service. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 70 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1 .1 Delivery System Charges Sheet: 1.3 Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: July 1, 2011 Revision: Four 6.1.1.1.3 Secondary Service Greater Than 10 kW AVAILABILITY This schedule is applicable to Delivery Service at secondary voltage with demand greater than 10 kW when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be single or three - phase, 60 hertz, at a standard secondary voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to Section 6.1.2.2 of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge Metering Charge Transmission System Charge Non -IDR Metered OR Metered Distribution System Charge $6.78 per Retail Customer $22.18 per Retail Customer $0.00 per NCP kW $0.00 per 4CP kW See Table Below NCP kW Annual Load Factor per Distribution Billing kW Less than orequal to 20 kW All $4.24 Greater than 20 kW 0%-10% $5.91 11 % - 15% $5.30 $5.00 - 16%-20% - 21%-25% $4.85 26% and above $4.24 II. System Benefit Fund: $0.000654 Ill. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.044 V. transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC per kWh, See Rider SBF per Distribution System billing kW per Distribution System billing kW, See Rider NDC 71 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.3 Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: July 1, 201 _ _ _ Revision: Four Vill. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per Distribution System billing kW X. State Colleges and Universities Discount: See Rider SCUD COMPANY SPECIFIC APPLICATIONS At Company's option, locations where the electrical installation has multiple connections to Company's conductors, due to Company facilities limitations or design criteria, may be considered one Point of Delivery for billing purposes. DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES DETERMINATION OF NCP kW The NCP kW applicable under the Monthly Rate section shall be the kW supplied during the 15 minute period of maximum use during the billing month. DETERMINATION OF 4 CP kW The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the months of June, July, August and September of the previous calendar year. The Retail Customer's average 4CP demand will be updated effective on January 1 of each calendar year and remain fixed throughout the calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed at the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP kW. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES DETERMINATION OF ANNUAL LOAD FACTOR The Annual Load Factor for each premise shall be calculated using the previous year's usage for that premise ending with the December Bill Cycle. The Annual Load Factor shall apply for the following 12 billing months. The Annual Load Factor calculation is as follows: _ kWh Used in 12 Billing Months Ending December Maximum NCP kW for the 12 Billing Months Ending December * Days in Billing Periods * 24 For premises with less than 12 months usage history, the available billing history shall be used for determining the Annual Load Factor. However, if less than 90 days of billing history is available, the premise shall be assumed to have an Annual Load Factor greater than 25 %. DETERMINATION OF BILLING kW For loads whose maximum NCP kW established in the 11 months preceding the current billing month is less than or equal to 20 kW, the Billing kW applicable to the Distribution System Charge shall be the NCP kW for the current billing month. For loads whose maximum NCP kW established in the 11 months preceding the current billing month is greater than 20 kW and their Annual Load Factor is less than or equal to 25 %, the Billing kW applicable to the Distribution System Charge shall be the NCP kW for the current billing month. Billing kW applicable to Riders TC, NDC, RCE charges shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding 72 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.3 Applicable: Entire Certified Service Area Page 3 of 3 _Effective Date: July 1, 2011 _ _ Revision: Four the current billing month (80% ratchet). For all other loads, the Billing kW applicable to the Distribution System Charge shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). The 80% ratchet and the Annual Load Factor Provisions shall not apply to Retail Seasonal Agricultural Customers. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 73 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: July 1, 2011 Revision: Four 6.1.1.1.4 Primary Service Less Than or Equal to 10 kW AVAILABILITY This schedule is applicable to Delivery Service for non - residential purposes at primary voltage when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be single or three - phase, 60 hertz, at a standard primary voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to Section 6.1.2.2 of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $3.97 per Retail Customer Metering Charge $12.21 per Retail Customer Transmission System Charge $0.00 per kWh Distribution System Charge $0.005100 per kWh II. System Benefit Fund: $0.000639 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000096 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC Vlll. Advanced Metering Cost Recovery Factor: See Rider AMCRF . Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per kWh X. State Colleges and Universities Discount: See Rider SCUD NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 74 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.5 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: July 1, 2411 Revision: Four 6.1.1.1.5 Primary Service Greater Than 10 kW — Distribution Line AVAILABILITY This schedule is applicable to Delivery Service for non - residential purposes at primary voltage when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be single or three - phase, 60 hertz, at a standard primary voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to 6.1.2.2 of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge Metering Charge Transmission System Charge Non-]DR Metered IDR Metered Distribution System Charge $15.59 per Retail Customer $27.02 per Retail Customer $0.00 per NCP kW $0.00 per 4CP kW $3.37 per Distribution System billing kW H. System Benefit Fund: Ill. Transition Charge: IV. Nuclear Decommissioning Charge: V. Transmission Cost Recovery Factor: VI. Energy Efficiency Cost Recovery Factor: VII. Competitive Meter Credit: VIII. Advanced Metering Cost Recovery Factor: Other Charges or Credits IX. Rate Case Expense Surcharge: X. State Colleges and Universities Discount: $0.000639 per kWh, See Rider SBF See Rider TC1 and per Distribution System billing TC2 kW $0.045 per Distribution System billing kW, See Rider NDC See Rider TCRF See Rider EECRF See Rider CMC See Rider AMCRF See Rider RCE per Distribution System billing kW See Rider SCUD COMPANY SPECIFIC APPLICATIONS At Company's option, locations where the electrical installation has multiple connections to Company's conductors, due to Company facilities limitations or design criteria, may be considered one Point of Delivery for billing purposes. 75 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.5 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: July 1_, 2011_ - _ _ Revision: Four DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES DETERMINATION OF NCP kW The NCP kW applicable under the Monthly Rate section shall be the kW supplied during the 15 minute period of maximum use during the billing month. DETERMINATION OF 4 CP kW The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the months of June, July, August and September of the previous calendar year. The Retail Customer's average 4CP demand will be updated effective on January 1 of each calendar year and remain fixed throughout the calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed at the applicable NCP rate under the 'Transmission System Charge" using the Retail Customer's NCP kW. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES DETERMINATION OF BILLING kW For loads whose maximum NCP kW established in the 11 months preceding the current billing month is less than or equal to 20 kW, the Billing kW applicable to the Distribution System Charge shall be the NCP kW for the current billing month. For all other loads, the Billing kW applicable to the Distribution System Charge shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). The 80% ratchet shall not apply to Retail Seasonal Agricultural Customers. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 76 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.6 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: July 1, 2011 Revision: One 6.1.1.1.6 - Primary Service Greater Than 10 kW — Substation AVAILABILITY This schedule is applicable to Delivery Service taken directly from a Company -owned substation for non- residential purposes at primary voltage when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be single or three- phase, 60 hertz, at a standard primary voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to 6.1.2.2 of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $58.96 per Retail Customer Metering Charge $206.97 per Retail Customer Transmission System Charge $0.00 per 4CP kW Distribution System Charge $0.94 per Distribution System billing kW II. System Benefit Fund: $0.000639 Per kWh, See Rider SBF III. Transition Charge: See RiderTC1 and per Distribution System billing TC2 kW IV. Nuclear Decommissioning Charge: $0.045 per Distribution System billing kW, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF per NCP kW or 4CP kW, as applicable VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC VIII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges and Credits IX. Rate Case Expense Surcharge: See Rider RCE per Distribution System billing kW X. State Colleges and Universities Discount: See Rider SCUD 77 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.6 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: July 1, 2011 Revision: One COMPANY SPECIFIC APPLICATIONS At Company's option, locations where the electrical installation has multiple connections to Company's conductors, due to Company facilities limitations or design criteria, may be considered one Point of Delivery for billing purposes. DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES DETERMINATION OF NCP kW The NCP kW applicable under the Monthly Rate section shall be the kW supplied during the 15 minute period of maximum use during the billing month. DETERMINATION OF 4 CP kW The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the months of June, July, August and September of the previous calendar year. The Retail Customer's average 4CP demand will be updated effective on January 1 of each calendar year and remain fixed throughout the calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed at the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP kW. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES DETERMINATION OF BILLING kW For loads whose maximum NCP kW established in the 11 months preceding the current billing month is less than or equal to 20 kW, the Billing kW applicable to the Distribution System Charge shall be the NCP kW for the current billing month. For all other loads, the Billing kW applicable to the Distribution System Charge shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). The 80% ratchet shall not apply to Retail Seasonal Agricultural Customers. NOTICE This rate schedule is subject to the Companys Tariff and Applicable Legal Authorities. 78 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.7 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: July 1, 2011 Revision: Four 6.1.1.1.7 Transmission Service AVAILABILITY This schedule is applicable to Delivery Service for non - residential purposes at transmission voltage when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be three - phase, 60 hertz, at a standard transmission voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to Section 6.1.2.2 of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $99.75 per Retail Customer Metering Charge $212.19 per Retail Customer Transmission System Charge $0.00 per 4CP kW Distribution System Charge $0.59 per Distribution System billing kW H. System Benefit Fund: $0.000630 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 per Distribution System billing and TC2 kW IV. Nuclear Decommissioning Charge: $0.046 per Distribution System billing kW, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF A. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC Other Charges or Credits VIII. Rate Case Expense Surcharge: See Rider RCE per Distribution System billing kW IX. State Colleges and Universities Discount: See Rider SCUD 79 Tariff for Retail Delivery Service Oncor Electric Delivery Company LlLC 6.1.1 Delivery System Charges Sheet: 1.7 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: July 1, 2011 Revision: Four COMPANY SPECIFIC APPLICATIONS DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES DETERMINATION OF 4 CP kW The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERCOT system 15- minute peak demand for the months of June, July, August and September of the previous calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed based on estimated 4 CP kW, in accordance with the following procedures: (a) Retail Customers having IOR data for fewer than 4 CP kW, but at least 2 CP kW, will be billed based on the average of the actual CP kW, so long as the CP kW are representative of the Retail Customer's expected load, as derived from engineering estimates. If the CP kW are not representative of the expected load, the estimated 4 CP kW will be set based on mutual agreement between the Retail Customer and the Company. (b) Retail Customers that do not have at least 2 CP kW will be billed by estimating the Retail Customer's 4 CP kW demand by applying a class coincidence factor to the Retail Customer's NCP kW, using the formula: Estimated 4 CP kW = (NCP kW * TCCP) where: NCP kW is the highest 15- minute integrated demand of an individual Retail Customer served at transmission voltage during the month; and TCCP is the transmission class coincidence factor for the months June, July, August, and September calculated from the Company's most recent UCOS proceeding using the following formula: TCCP = E Class CP kW for June, July, August, September E Class NCP kW for June, July, August, September Where: Class CP kW is the transmission voltage rate class' 15- minute demand at the time of the ERCOT CP and Class NCP kW is the transmission voltage class' maximum 15- minute demand during a month. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES DETERMINATION OF BILLING kW The Billing kW applicable to the Distribution System Charge shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). The 80% ratchet shall not apply to Retail Seasonal Agricultural Customers. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 80 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 1 of 7 Effective Date: July 1, 2011 Revision: Six 6.1.1.1.8 Lighting Service Street Lighting Service AVAILABILITY Applicable to Competitive Retailer for street lighting, pedestrian walkway lighting, and overhead sign lighting service to governmental entities in areas served by Company. Overhead sign lighting is available only under the provisions of Schedule D of the Monthly Rate - Unmetered Facilities or the Monthly Rate - Metered Facilities - Non- Company -Owned provisions or the appropriate Secondary Service or Primary Service Rate Schedule. TYPE OF SERVICE Single or three phase, 60 hertz, at any of the Company's standard secondary or primary service voltages as required by Competitive Retailer. Where existing distribution facilities are not adjacent to the point of delivery, additional charges and special contract arrangements may be required prior to its being furnished. If service is provided at primary voltage, Company may at its option meter service on the secondary side of the governmental entity's transformers and adjust for transformer losses in accordance with Company's Tariff for Retail Delivery Service. MONTHLY RATE I. Unmetered Facilities Points of Delivery (POD) Charge: $55.12 per governmental entity served by the Competitive Retailer. Lamp Watts Lumens kWh Schedule Rectangular* Post -Top* A B* C• and D Mercury Vapor * (See Note 1) 175 7,900 70 $10.47 $14.32 $1.50 $25.82 $9.24 400 21,000 150 $11.41 $19.31 $3.07 N.A. N.A. 1,000 63,000 370 $13.96 $23.37 $7.39 N.A. N.A. Sodium Vapor 100 9,500 40 $9.79 $14.04 $0.91 $25.60 $8.97 150 16,000 70 $10.31 $15.64 $1.50 N.A. N.A. 200 22,000 80 $10.36 $18.66 $1.69 N.A. N.A. 250 27,500 100 $10.58 $18.87 $2.08 $24.76 N.A. 400 50,000 164 $12.04 $21.41 $3.26 N.A. N.A. 1,000' 140,000 375 $13.92 $23.36 $7.48 N.A N.A. Metal Halide 150 14,000 65 $11.99 N.A $1.40 N.A. N.A. 175 (see note 2 14,000 65 $12.04 $18.16 $1.40 N.A. N.A. 250 25,000 100 $13.83 $21.63 $2.08 $35.39 N.A. 400 36,000 164 $14.25 $22.27 $3.26 $35.39 N.A. 1,004* 110,000 374 $17.16 $25.16 $7.39 $39.64 N.A. LED/Low Watts a (See Note 3 100 40 N.A. N.A. $0.91 N.A. N.A. Other Incandescent* All $9.79 Historical* Mercury Vapor 175 7,900 70 $10.06 Sodium Vapor 100 9,500 40 $9.79 Sodium Vapor 150 16,000 70 $10.31 Metal Halide 175 14,000 1 65 $11.98 81 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 2 of 7 Effective Date: July 1, 2011 Revision: Six Note 1: Mercury Vapor options are closed to new installations. Company will continue to maintain existing Mercury Vapor Installations and will, at Company's option, install a Metal Halide ballast in place of a failed Mercury Vapor ballast. As existing fixtures are damaged and must be replaced, Retail Customer will have the option to switch its service to the lamp type as specified in Mercury Vapor Fixture Replacement Schedule below or to cancel service at no cost. Existing 250 Watt Mercury Vapor lighting will be billed at same rate as 175 Watt. Note 2: 175 Watt Metal Halide option Is closed to new installations. Company will continue to malntain existing 175 watt metal halide lamps as long as replacement lamps are available. When replacement lamps are no longer available, Company will replace failed 175 watt metal halide lamps with 150 watt metal halide lamps. Customer will have the option to cancel 175 watt service at no cost. Note 3: LED and other low wattage Installations (100 watts or below) not listed above shall be billed under Schedule D and have a calculated consumption of 40 kWh per lamp per month. * Closed to new street lighting installations II. System Benefit Fund: $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits VIII. Rate Case Expense Surcharge: See Rider RCE per kWh IX. State Colleges and Universities Discount: See Rider SCUD DEFINITIONS Pedestrian Walkway Lighting: Pedestrian walkway lighting is used to illuminate sidewalks along municipally -owned streets and roads and within municipally -owned parks and recreational areas. Standard Allowance: An amount equal to the average installed cost of a street light of a type normally used by Company and served either overhead or underground. Repair and Maintenance: Repair consists of the repair or replacement of any individual component associated with the pole or fixture that allows the facility to operate safely and effectively. Maintenance includes photocell replacement and cleaning of lens at the time of bulb replacement. Repair and Maintenance do not include painting or straightening of poles unless Company determines that safety or operation is adversely affected. Replacement: Replacement includes only the complete replacement of the street light luminaire and pole caused by impacts related to weather, construction, or traffic accidents. For street lights installed after the effective date of this revision, Schedules A and D are defined as follows: Schedule A applies to Company installed, owned, operated, and maintained street lights of the types and sizes provided in the chart under Section I. Unmetered Facilities. Schedule D applies to Retail Customer owned, operated and maintained street lights and overhead sign lights or where such lights are installed by a governmental entity for the use of Retail Customer, and Company supplies distribution service to Retail Customer for the operation of the street lights or overhead sign lights. Company does not provide maintenance to Schedule D lights in accordance with this tariff. 82 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges . Sheet: 1.8 Applicable: Entire Certified Service Area Page 3 of 7 Effective Date: July 1, 2011 Revision: Six For street lights installed prior to the effective date of this revision, Schedules A, B, C, and D are defined as follows: Schedule A applies to: Company installed, owned, operated, and maintained street lights mounted on wood poles and served overhead. Company installed, owned, operated, and maintained street lights mounted on wood, steel, or ornamental poles of a type normally used by Company, and served overhead or underground, and Retail Customer has contributed to Company an amount equivalent to the difference between the total installed cost of such street lighting and the total installed cost of an equivalent lighting system mounted on wood poles and served overhead. Schedule B applies to: Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by Company and served overhead. If the number of steel and /or other ornamental poles exceeds the number of such poles on which lights are mounted, there will be an additional charge of $5.34 per month for each such excess pole. Where two street lights with lamps of the same size are mounted on the same steel and /or other ornamental pole, Schedule B applies to one of the lights and Schedule A to the other. Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by Company and served underground, and Retail Customer has contributed to Company an amount equivalent to the difference between the total installed cost of the underground circuits serving the street lights and the total installed cost of overhead circuits. Where two street lights with lamps of the same size are mounted on the same steel and/or other ornamental pole, Schedule B applies to one of the lights and Schedule A to the other. Schedule C applies to: Street lights installed for the use of Retail Customer by Retail Customer or by a governmental subdivision. All equipment replacement and maintenance is performed by Retail Customer orthe governmental subdivision. Company provides lamp replacement service only which includes lamp and labor (unless otherwise requested in writing by Retail Customer). Company owned street lights mounted on steel or other ornamental poles of a type not normally used by Company, and Retail Customer has contributed to Company an amount equivalent to the entire construction cost of the street lighting facilities including luminaires and circuits. Company operates all street lights under Schedule C (must be of a type suitable for use with the lamp sizes provided for herein) and makes all normal lamp replacements which includes lamp and labor at its expense. All other maintenance will be billed to Retail Customer on the basis of actual costs including appropriate overhead expenses. Schedule D applies to: Retail Customer operated and maintained street lights and overhead sign lights or where such lights are installed by a governmental subdivision for the use of Retail Customer, and Company supplies distribution service to Retail Customer for the operation of the street lights or overhead sign lights. CONVERSION OR REPLACEMENT OF EXISTING FACILITIES Company will convert existing Company -owned facilities (size or type of luminaire) to a different Company- offered size or type of luminaire upon request of and payment by Retail Customer of an amount equal to the estimated cost of such conversion, including labor and materials, less the salvage value of the existing facilities. Company will replace existing lighting facilities upon request of and payment by Retail Customer of an amount equal to the estimated removal cost less salvage value of existing facilities. Installation of new facilities requested by Retail Customer will be performed pursuant to the Standard Allowance described above. Customer Requested Removal of Existing Facilities Company will remove existing facilities upon request by Retail Customer if Customer pays an amount pursuant to Section 6.1.2.1, Charge No. SD16. SPECIAL CONDITIONS For billing purposes the monthly street lighting and overhead sign lighting burning hours are 333 hours per month and all connections and disconnections are assumed to have occurred at the beginning of the current month's billing period. Retail Customer -owned unmetered lamps other than those of the lamp sizes shown under Schedule D existing prior to the effective date of this tariff are billed under the metered rate and the amount of monthly energy is determined by multiplying the connected load (including ballast) by the number of burning hours. 83 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 4 of 7 Effective Date: July 1, 2011 Revision: Six New Service provided to customer -owned street light other than the types and sizes provided in Schedule D will be provided under the appropriate Secondary Service or Primary Service Rate Schedule. Company reserves the right to discontinue service at locations where excessive maintenance and/or lamp replacement occur, or Company may charge Retail Customer forsuch maintenance and/or lamp replacements. Company makes all connections and disconnections to its distribution system. Company- owned, operated, and maintained lighting facilities shall be installed in accordance with National Electrical Safety Code standards. AGREEMENT An Agreement for Street Lighting Service with a term of not less than ten years is required. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. MONTHLY RATE I. Metered Facilities — Non - Company Owned Applicable for distribution service supplied at one point of delivery and measured through one meter to Retail Customer owned, operated and maintained street and highway lighting, overhead sign lighting, and incidental safety lighting equipment which operates same hours as normal street lighting. Customer Charge $2.32 per Retail Customer Metering Charge $12.42 per Retail Customer Distribution System Charge $0.016407 per kWh H. System Benefit Fund: $0.000654 per kWh, See Rider SBF Ill. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC Vlll. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per kWh X. State Colleges and Universities Discount: See Rider SCUD 84 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 5.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 5 of 7 Effective Date: July 1, 2011 Revision: Six MONTHLY RATE I. Metered Facilities - Company -Owned (Closed to new installations) Customer Charge $2.32 per Retail Customer Metering Charge $12.42 per Retail Customer Distribution System Charge $0.116407 per kWh 11. System Benefit Fund: $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CIVIC VIII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per kWh X. State Colleges and Universities Discount: See Rider SCUD MERCURY VAPOR FIXTURE REPLACEMENT SCHEDULE For Company -owned lights, when existing mercury vapor fixtures require replacement, Company will make such replacements with comparable high pressure sodium vapor lighting at no cost, as specified below: Existing Mercury Vapor Lighting : Wattage Lumens kWh Sodium Vapor Replacement : Wattage Lumens kWh 175 7,900 70 100 9,500 40 400 21,000 150 1 200 22,000 80 1,000 63,000 370 1 400 50,000 160 Upon replacement, Retail Customer will be billed at the applicable facilities charge and associated kWh usage for the sodium vapor replacement lighting. Upon request of the Retail Customer, Company will convert or replace existing mercury vapor lighting to street lighting options other than those indicated above, as stated in "CONVERSION OR REPLACEMENT OF EXISTING FACILITIES." 85 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 6 of 7 Effective Date: July 1, 2011 Revision: Six Outdoor Lighting Service (CLOSED) AVAILABILITY Applicable to Competitive Retailers for unmetered lighting service supplied exclusively to one or more existing outdoor lamps as specified below operating automatically from dusk to dawn. Not applicable to street lighting. MONTHLY RATE I. Unmetered Facilities Point of Delivery (POD) Charge: $1.30 per premise. M inrri I Inhfa Type Watts kWh Lumens Facilities Charge Mercury Vapor (See Note 1) 175 70 7,900 $6.78 400 150 21,000 $10.34 Sodium Vapor 100 40 9,500 $6.37 200 80 22,000 $9.03 (vote 1: Company will continue to maintain existing Mercury vapor Installations ana will, at company's option, install a Metal Halide ballast In place of a failed Mercury Vapor ballast. As existing fixtures are damaged and must be replaced, Retail Customer will have the option to switch its service to another lamp type as specified In Mercury Vapor Fixture Replacement Schedule below or cancel service at no cost. Flnnrl I inhfa Type Watts kWh Lumens Facilities Charge Metal Halide 175 65 14,000 $8.78 250 100 25,000 $11.95 400 160 36,000 $14.40 1000 370 110,000 $25.25 Sodium Vapor 100 40 9,500 $8.66 200 80 22,000 $9.03 250 100 27,000 $11.14 400 160 50,000 $14.25 1000 375 140,000 $26.10 U. System Benefit Fund: $0.000654 Ill. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000147 V. Transmission Cost Recovery Factor: See Rider TCRF Vt. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC per kWh, See Rider SBF per kWh, See Rider NDC 86 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 7 of 7 Effective Date: July 1, 2011 Revision: Six VIII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider ROE per kWh X. State Colleges and Universities Discount: See Rider SCUD Extra Spans: Plus $2.85 per span of secondary line installed hereunder in excess of one span per light. MERCURY VAPOR FIXTURE REPLACEMENT SCHEDULE When existing mercury vapor fixtures require replacement, Company will make such replacements with comparable high pressure sodium vapor lighting at no cost as specified below: Existing Mercury Vapor Lighting : Wattage Lumens kWh Sodium Vapor Replacement: Wattage Lumens kWh 175 7,900 70 100 9,500 40 400 21,000 150 200 22,000 80 Upon replacement, Retail Customer will be billed at the applicable facilities charge and associated kWh usage for the sodium vapor replacement lighting. MAINTENANCE OF FACILITIES Company will maintain all facilities incidental to providing this service, including replacement of burned -out lamps. Company reserves the right to discontinue service at locations where excessive maintenance and/or lamp replacements are, in Company's sole judgment, likely to or actually do occur. REMOVAL OF EXISTING FACILITIES Except as specified above, Company will replace existing Company -owned luminaires with any of the outdoor fighting options above or remove the existing luminaire upon request of and payment by Retail Customer in accordance with the Company's Standard Discretionary Service Charge, SD15 — Security Light Removal, for each luminaire to cover the labor cost of removal and Company's average unamortized investment in the existing [uminaire. This charge is applicable to all replacements whether or not an outdoor lighting service is active or inactive or a customer change has taken or is taking place. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 87 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page i of 7 Effective Date: August 13, 2010 Revision: Ten 6.1.1.2 Schedule TC 6.1.1.2.1 Rider TC1 - Transition Charge APPLICATION Applicable, pursuant to Subchapter G, of Chapter 39 of the Public Utility Regulatory Act (PURA), to all existing or future retail customers taking transmission and/or distribution service from the Company and to the facilities, premises, and loads of those retail customers, within the Company's geographical certificated service area as it existed on May 1, 1999. This schedule also applies to: 1. Retail customers taking service at facilities, premises, or loads located within the Company's geographical service area as it existed on May 1, 1999 who are not presently receiving transmission and /or distribution service from the Company, but whose present facilities, premises, or loads received transmission and /or distribution service from the Company at any time on or after May 1, 1999 when a request to change service to another utility was not pending. 2. Retail customers whose load is served by New On -site Generation (NOSG) as defined by P.U.C. SUBST. R. 25.342(c)(1). 3. Public retail customers located within the service area who purchase power from the General Land Office under PURA § 35.102. Beginning on the first billing cycle after the issuance of transition bonds issued to recover the Company's regulatory assets and other qualified costs and continuing until the date customer choice begins in the power region in which the Company is located, there is recorded in a separate account, for that purpose, an amount equal to the amount collected by the application of this rate to be used to repay the principal and interest and ongoing fees and expenses on the transition bonds. After customer choice begins in the power region in which the Company is located, the amount calculated pursuant to this rate will be billed to retail electric providers (REP) based on individual retail customer consumption. METHOD OF CALCULATION (a) For all retail customers on each retail rate schedule. The transition charge is calculated for each regulatory asset recovery class by the application of a Transition Charge Factor, determined in accordance with the following formula": Transition Charge Factor (TCF) = [(TC'RAAF)+A) / K, where: TC = Total Recovery Amount corresponding to the length of the Recovery Period is an amount necessary to recover the principal and interest and ongoing fees and expenses associated with the bonds, debentures, notes, certificates of participation or of beneficial interest, or other evidence of indebtedness or ownership that are issued by the Company, its successors, or an assignee under a Public Utility Commission of Texas approved financing order. RAAF = Regulatory Asset Allocation Factor for each class as shown in the table below. A = True -up amount for each regulatory asset recovery class as contained in a notification filed with the Commission under PURA § 39.003, subject to Commission review within 15 days of filing. K = The Company's most current estimated kWh or kW sales by regulatory asset recovery class for the length of the Recovery Period as contained in a notification filed with the Commission under PURA § 39.003, subject to Commission review within 15 days of filing. "For the General Service Secondary and General Service Primary classes, the two -step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $ /kWh for non - demand metered customers and a TCF in $ /kW for demand - metered customers. For the purpose of this formula, Recovery Period means, pursuant to PURA § 39.307, a period not to exceed 12 months. (b) Regulatory Asset Allocation Factors (RAAF) and associated Transition Charge Factors for each regulatory asset recovery class are as follows: 88 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 2 of 7 Effective Date: August_ 13, 2010 Revision: Ten Noticed Interruptible GSNI, GSNB, GPNI, GPNB, HVNI, NVNB, GTUC -Sec, 0.027711 See Page 7 of 7 GTUC -Pri, GTUC -Tran, GTUC -M -Sec, GTUC -M -Pri, GTUC -M -Tran, GSRTPNI, GPRTPNI, HVRTPNI, and applicable riders. Should any of the Regulatory Asset Recovery Classes cease to have any customers, the Regulatory Asset Allocation Factor will be adjusted proportionately such that the total RAAF equals 1.000. For Rate S and Rider SI customers, the transition charge will be a pro -rated daily demand charge based on the otherwise applicable non - standby transition charge. (a) The Transition Charge Amount for each customer is determined by multiplying the applicable Transition Charge Factor (TCF) by the customer's kWh or kW usage in the billing month. The Transition Charge Amount for each customer is determined to the nearest whole cent. (b) Each customer receiving service on or before May 1, 1999 will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was provided on May 1, 1999, and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (c) Any customer not previously served by TXU Electric and initiating service after May 1, 1999 and prior to January 1, 2002, will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was initially provided and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (d) Each customer initiating service on or after January 1, 2002, will be assigned to a specific Regulatory Asset Recovery Class on the basis of the principal rate schedule under which the majority of the customer's load would have been served as of May 1, 1999. 89 Regulatory Transition Asset Charge Factors Regulatory Asset Rate Schedule Allocation (TCF) Recovery Class Factor (RAAF) Residential Service R, RLU, RTU, RTU1, RTU1 -M, RRE 0.412705 See Page 7 of 7 General Service GS, S -Sec, GSR, MS, MP -Sec GTU -Sec, GTU -M -Sec, 0.447323 See Page 7 of 7 Secondary RTP -Sec, GC -Sec, and all riders excluding Interruptible General Service Primary GP, S -Pri, GPR, MS -Pri, MP -Pri, GTU -P0, GTU -M -Pri, 0.058982 See Page 7 of 7 RTP -Pri, GC -Pri, and all riders excluding interruptible High Voltage Service HV, S -Tran, HVR, GTU -Tran GTU -M -Trap, RTP -Tran, 0.027875 See Page 7 of 7 GC -Tran, and all riders excluding interruptible Lighting Service OL, SL, SL -Pri 0.006836 See Page 7 of 7 Instantaneous GSI, GPI, HVI, SSI, SPI, STI, GSRTPII, GSRTPIM, 0.018568 See Page 7 of 7 Interruptible GSRTPID, GPRTPII, GPRTPIM, GPRTPID, HVRI, HVRTPIM, HVRTPID, and applicable riders Noticed Interruptible GSNI, GSNB, GPNI, GPNB, HVNI, NVNB, GTUC -Sec, 0.027711 See Page 7 of 7 GTUC -Pri, GTUC -Tran, GTUC -M -Sec, GTUC -M -Pri, GTUC -M -Tran, GSRTPNI, GPRTPNI, HVRTPNI, and applicable riders. Should any of the Regulatory Asset Recovery Classes cease to have any customers, the Regulatory Asset Allocation Factor will be adjusted proportionately such that the total RAAF equals 1.000. For Rate S and Rider SI customers, the transition charge will be a pro -rated daily demand charge based on the otherwise applicable non - standby transition charge. (a) The Transition Charge Amount for each customer is determined by multiplying the applicable Transition Charge Factor (TCF) by the customer's kWh or kW usage in the billing month. The Transition Charge Amount for each customer is determined to the nearest whole cent. (b) Each customer receiving service on or before May 1, 1999 will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was provided on May 1, 1999, and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (c) Any customer not previously served by TXU Electric and initiating service after May 1, 1999 and prior to January 1, 2002, will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was initially provided and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (d) Each customer initiating service on or after January 1, 2002, will be assigned to a specific Regulatory Asset Recovery Class on the basis of the principal rate schedule under which the majority of the customer's load would have been served as of May 1, 1999. 89 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 3 of 7 Effective Date: August 13, 2010 Revision: Ten NON - STANDARD TRUE -UP PROCEDURE In the event that the forecasted billing units for one or more of the Transition Charge customer classes for an upcoming period decreases by more than 10% of the billing units from the 12 months ending April 30, 1999, the Servicer shall make a non - standard true -up filing at least 90 days before the date of the next true -up adjustment. The true -up shall be conducted in the following manner. The Servicer shall: (a) allocate the upcoming period's Periodic Billing Requirement based on the Raffs approved in the Financing Order, (b) calculate undercollections or overcollections from the preceding period in each class; (c) sum the amounts allocated to each customer class in steps (a) and (b) above to determine an adjusted Periodic Billing Requirement for each customer class; (d) divide the Periodic Billing Requirement for each customer class by the maximum of the forecasted billing units or the threshold billing units for that class, to determine the threshold rate; (e) multiply the threshold rate by the forecasted billing units for each class to determine the expected collections under the threshold rate; (f) allocate the difference in the adjusted Periodic Billing Requirement and the expected collections calculated in step (e) among the transition charge customer classes using the RAAFs approved in this Financing Order; (g) add the amount allocated to each class in step (f) above to the expected collection amount by class calculated in step (e) above to determine the final Periodic Billing Requirement for each class; and (h) divide the final Periodic Billing Requirement for each class by the forecasted billing units to determine the transition charge rate by class for the upcoming period. For the General Service Secondary and General Service Primary classes, the two -step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $ /kWh for non- demand - metered customers and a TCF in $/kW for demand - metered customers. A proceeding for the purpose of approving a non - standard true -up should be conducted in the following manner: (a) The servicer will make a "non- standard true -up filing° with the Commission at least 90 days before the date of the proposed true -up adjustment. The filing will contain the proposed changes to the transition charge rates, justification for such changes as necessary to specifically address the cause(s) of the proposed non - standard true -up, and a statement of the proposed true -up date. (b) Concurrently with the filing of the non - standard true -up with the Commission, the servicer will notify all parties in Docket No. 21527 of the filing of the proposal for a non - standard true -up. (c) The servicer will issue appropriate notice and the Commission will conduct a contested case proceeding on the non - standard true -up proposal pursuant to PURA § 39.003. The scope of the proceeding will be limited to determining whether the proposed adjustment complies with this Financing Order. The Commission will issue a final order by the proposed true -up adjustment date stated in the non- standard true -up filing. In the event that the Commission cannot issue an order by that date, the servicer will be permitted to implement its proposed changes. Any modifications subsequently ordered by the Commission will be made by the servicer in the next true -up filing. BILLING AND COLLECTION The billing and collection of TC Rates may differ as set forth in this schedule. The terms and conditions for each parry are set forth below: 11 Billing and Collection Prior to Customer_ Choice A. Billing by the Servicer to end -use customers: 1. Applicable to consumption of all current retail customers. 2. Payment terms identical to present retail rates. 3. Right to terminate for non - payment pursuant to P.U.C. SUBST. R. 25.28 and 25.29, or any successor rule(s). B. Billings by Servicer to other electric utilities, municipally owned utilities, and cooperatives: 1. Applicable to former retail customers of the Company in multiply- certificated service areas now taking service from other utilities or cooperatives, if the customer did not have a request to switch service pending as of May 1, 1999. 90 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 4 of 7 Effective Date: August 13, 2010 Revision: Ten 2. Charges subject to this tariff must be paid in full by the other utility or cooperative to the Servicer 16 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end -use retail customer. C. Billings by Servicer to Non - eligible Self - generation (NESG): 1. Applicable to end use consumption served by on -site non - eligible self - generation. 2. Payment terms pursuant to the Commission's rules. 3. Right to terminate for non - payment pursuant to P.U.C. SUBST. R. 25.28 and 25.29, or any successor rule(s). 2) Billing and Collection Subsequent to Customer Choice cable to former retail customers of the Company in multiply - certificated service areas now g service from other utilities or cooperatives. Charges subject to this tariff must be paid in full by the other electric utility or cooperative to the Servicer 35 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end -use retail customer. B. Billings by Servicer to NESG: 1. Applicable to end -use consumption served by on -site non - eligible self generation. 2. Payment terms pursuant to the Commission's rules. 3. Right to terminate for non - payment pursuant to the Commission's rules. C. Billings by the REP or its Replacement to End -Use Customers: 1. Applicable to consumption of all retail end -use customers served by the REP for which TCs apply, including applicable former customers and NESG, under the following conditions: 2. REPS shall provide the Servicer with full and timely information necessary to provide proper reporting and for bilking and true -up adjustments. Each REP must (1) have a long -term, unsecured credit rating of not less than "BBB -" and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively, or (2) provide (A) a deposit of two months' maximum expected Transition Charge collections in the form of cash, (B) an affiliate guarantee, surety bond, or letter of credit providing for payment of such amount of Transition Charge collections in the event that the REP defaults in its payment obligations, or (C) a combination of any of the foregoing. A REP that does not have or maintain the requisite long -term, unsecured credit rating may select which alternate form of deposit, credit support, or combination thereof it will utilize, in its sole discretion. The Indenture Trustee shall be the beneficiary of any affiliate guarantee, surety bond or letter of credit. The provider of any affiliate guarantee, surety bond, or letter of credit must have and maintain a long -term, unsecured credit ratings of not less than "BBB-" and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively. If the long -term, unsecured credit rating from either Standard & Poor's or Moody's Investors Service of a REP that did not previously provide the alternate form of deposit, credit support, or combination thereof or of any provider of an affiliate guarantee, surety bond, or letter of credit is suspended, withdrawn, or downgraded below "BBB -" or'Baa3" (or the equivalent), the REP must provide the alternate form of deposit, credit support, or combination thereof, or new forms thereof, in each case from providers with the requisite ratings, within 10 business days following such suspension, withdrawal, or downgrade. A REP failing to make such provision must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its Replacement (when applicable). The computation of the size of a required deposit shall be agreed upon by the SerAcer and the REP, and reviewed no more frequently than quarterly to ensure that the deposit accurately reflects two months' maximum collections. Within 10 business days following such review, (1) the REP shall remit to the Indenture Trustee the amount of any shortfall in such required deposit or (2) the Servicer shall instruct the indenture Trustee to remit to the REP any amount in excess of such required deposit. A REP failing to so remit any such shortfall must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its 91 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 5 of 7 Effective Date: August 13, 2010 Revision: Ten Replacement (when applicable). REP cash deposits shall be held by the Indenture Trustee, maintained in a segregated account, and invested in short -term high quality investments, as permitted by the rating agencies rating the Transition Bonds. Investment earnings on REP cash deposits shall be considered part of such cash deposits so long as they remain on deposit with the Indenture Trustee. At the instruction of the Servicer, cash deposits will be remitted with investment earnings to the REP at the end of the term of the Transition Bonds unless otherwise utilized for the payment of the REP's obligations for Transition Bond payments. Once the deposit is no longer required, the Servicer shall promptly (but not later than 30 calendar days) instruct the Indenture Trustee to remit the amounts in the segregated accounts to the REP. 6. In the event that a REP or the Provider of Last Resort (POLR) is billing customers for TCs, the REP shall have the right to transfer the customer to the POLR (or to another certified REP) or to direct the Servicer to terminate transmission and distribution service to the end -use customer for non- payment by the end -use customer pursuant to applicable Commission rules. D. Billings by the Servicer to the REP or its Replacement (when_agplicable): 1. Applicable to all consumption subject to REP billing of TCs. 2. Payments of TCs are due 35 calendar days following each billing by the Servicer to the REP, without regard to whether or when the REP receives payment from its retail customers. The Servicer shall accept payment by electronic funds transfer (EFT), wire transfer (WT) and /or check. Payment will be considered received the date the EFT or WT is received by the Servicer, or the date the check clears. A 5% penalty is to be charged on amounts received after 35 calendar days; however, a 10- calendar -day grace period will be allowed before the REP is considered to be in default. A REP in default must comply with the provisions set forth in Paragraph 3 below. The 5% penalty will be a one -time assessment measured against the current amount overdue from the REP to the Servicer. The current amount consists of the total unpaid Transition Charges existing on the 36 calendar day after billing by the Servicer. Any and all such penalty payments will be made to the indenture trustee to be applied against Transition Charge obligations. A REP shall not be obligated to pay the overdue Transition Charges of another REP. If a REP agrees to assume the responsibility for the payment of overdue Transition Charges as a condition of receiving the customers of another REP who has decided to terminate service to those customers for any reason, the new REP shall not be assessed the 5% penalty upon such Transition Charges; however, the prior REP shall not be relieved of the previously assessed penalties. 3. After the 10 calendar-day grace period (the 45 calendar day after the billing date) referred to in Paragraph 2 above, the Servicer shall have the option to seek recourse against any cash deposit, affiliate guarantee, surety bond, letter of credit, or combination thereof made by the REP, and avail itself of such legal remedies as may be appropriate to collect any remaining unpaid Transition Charges and associated penalties due the Servicer after the application of the REP's deposit or alternate form of credit support. In addition, a REP that is in default with respect to the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Replacement to End -Use Customers and Paragraph 2 of this section shall select and implement one of the following options: (a) Allow the Provider of Last Resort (POLR) or a qualified REP of the customer's choosing to immediately assume the responsibility for the billing and collection of Transition Charges. (b) Immediately implement other mutually suitable and agreeable arrangements with the Servicer. It is expressly understood that the Servicer's ability to agree to any other arrangements will be limited by the terms of the servicing agreement and requirements of each of the rating agencies that have rated the Transition Bonds necessary to avoid a suspension, withdrawal, or downgrade of the ratings on the Transition Bonds. (c) Arrange that all amounts owed by retail customers for services rendered be timely billed and Immediately paid directly into a lock -box controlled by the Servicer with such amounts to be applied first to pay Transition Charges before the remaining amounts are released to the REP. All costs associated with this mechanism will be borne solely by the REP. If a REP that is in default fails to immediately select and implement one of the foregoing options in (a), (b), or (c) or, after so selecting one of the foregoing options, fails to adequately meet its responsibilities thereunder, then the Servicer shall immediately implement option (a). Upon re- establishment of the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Replacement to End -Use Customers and Paragraph 2 of this section and the payment of all past -due amounts and associated penalties, the REP will no longer be required to comply with this subsection. The initial POLR appointed by the Commission, orany Commission appointed successor to the POLR, will be required to meet the minimum credit rating and /or deposit/credit support requirements described in f Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 6 of 7 Effective Date: August 13, 2010 Revision: Ten Paragraph 3 of the preceding section, Billings by the REP or its Replacement to End -Use Customers, in addition to any other standards that maybe adopted by the Commission. If the POLR defaults or is not eligible to provide such services, responsibility for billing and collection of transition charges will immediately be transferred to and assumed by the Servicer until a new POLR can be named by the Commission or the customer requests the services of a certified REP, Retail customers may never be re- billed by the successor REP, the POLR, or Servicer for any amount of Transition Charges they have paid their REP (although future TCs shall reflect REP and other system -wide charge -offs). Additionally, if the amount of the penalty detailed in Paragraph 2 of this section is the sole remaining past -due amount after the 45th day, the REP shall not be required to comply with (a), (b), or (c) above, unless the penalty is not paid within an additional 30 calendar days. In the event the Servicer is billing customers for Transition Charges, the Servicer shall have the right to terminate transmission and distribution service for non- payment by end -use customers pursuant to the Commission's rules. 5. Notwithstanding Paragraph 2 of this section, the REPs will be allowed to hold back an allowance for charge -offs in their payments to the Servicer. Such charge -off rate will be recalculated each year in connection with the annual true -up procedure. In the initial year, the REPS will be allowed to remit payments based on the same system -wide charge off percentage then being used by the Servicer to remit payments to the indenture trustee for the holders of Transition Bonds. On an annual basis in connection with the true -up adjustment process, the REP and the Servicer will be responsible for reconciling the amounts held back with amounts actually written off as uncollectible in accordance with the terms agreed to by the REP and the Servicer, provided that: (a) The REP's right to reconciliation for write -off s will be limited to customers whose service has been permanently terminated and whose entire accounts (i.e., all amounts due the REP for its own account as well as the portion representing Transition Charges) have been written off. (b) The REP's recourse will be limited to a credit against future TC payments unless the REP and the Servicer agree to alternative arrangements, but in no event will the REP have recourse to the SPE or its funds for such payments. (c) The REP shall provide information on a timely basis to the Servicer so that the Servicer can include the REP's default experience and any subsequent credits into its calculation of the Adjusted Transition Charge Rates for the next TC billing Period and the REP's rights to credits will not take effect until after such Adjusted Transition Charge Rates have been implemented. 6. In the event that a REP disputes any amount of billed Transition Charges, the REP shall pay the disputed amount under protest according to the timelines detailed in Paragraph 2 of this section. The REP and Servicer shall first attempt to informally resolve the dispute, but if failing to do so within 30 calendar days, either party may file a complaint with the Commission. If the REP is successful in the dispute process (informal or formal), the REP shall be entitled to interest on the disputed amount paid to the Servicer at the Commission- approved interest rate. Disputes about the date of receipt of Transition Charge payments (and penalties arising thereof) or the size of a required REP deposit will be handled in a like manner. Any interest paid by the Servicer on disputed amounts shall not be recovered through Transition Charges if it is determined that the Servicer's claim to the funds is clearly unfounded. No interest shall be paid by the Servicer if it is determined that the Servicer has received inaccurate metering data from another entity providing competitive metering services pursuant to PURA § 39.107. 7. If the Servicer is providing the metering, the metering data will be provided to the REP at the same time as the billing. If the Servicer is not providing the metering, the entity providing metering service(s) will be responsible for complying with Commission rules and ensuring that the Servicer and the REP receive timely and accurate metering data in order for the Servicer to meet its obligations under the Servicing Agreement and the Financing Order with respect to billing and true -ups. NOTICE This rate is subject to the orders of regulatory bodies having jurisdiction and to the provisions of Company's Tariff for Electric Service. 93 Tariff for Retail Delivery Service Oncor Electric Delivery Company ITC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 7 of 7 Effective Date: August 13, 2010 Revision: Ten Transition Charge Factor 1 (TCFI) Effective Date Aug. 27, 2010 Aug. 27, 2009 April 29, 2009 Aug. 26, 2008 Aug. 24, 2007 Aug. 29, 2006 Aug. 30, 2005 Nov. 30, 2004 Aug. 30, 2004 Jan. 28, 2004 Aug. 28, 2003 94 H__ igh Residential General Service General Service Vol_ _ taae Service Lighting Instantaneous Noticed Interruptible Service Secondary Primary Service Interruptible s10kW >10kW 510 kW >10kW $ / kWh) $ / kWh) ($ kW) $ /kWh) $I kW) $ / kW) $ / kWh) $IkW) $IkW) 0.000630 0.000172 0.188 (0.000201) 0.180 0.141 0.000876 0.106 0.195 0.000552 0.001193 0.161 0.001432 0.182 0.069 0.000752 0.087 0.136 0.000752 (0.001260) 0.234 (0.002139) 0.190 0.145 0.000874 0.125 0.232 0.000558 0.000242 0.171 0.000226 0.176 0.065 0.000771 0.093 0.155 0.000653 0.000295 0.167 0.000205 0.150 0.083 0.000761 01091 0.148 0.000620 0.000378 0.177 0.000353 0.208 0.102 0.000767 0.090 0.182 0.000598 0.000324 0.181 0.000315 0.164 0.121 0.000870 0.097 0.099 0.000691 0.000632 0.185 0.000455 0.219 0.092 0.000794 0.087 0.174 0.000658 0.000290 0.195 0.000144 0.248 0.050 0.000865 0.113 0.173 0.000712 0.000655 0.186 0.000442 0.201 0.137 0.000785 0.074 0.135 0.000599 0.000577 0.158 0.000395 0.161 0.197 0.000724 0.083 0.150 94 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 1 of 7 Effective Date: May 14, 2010 Revision: Eight 6.1,1.2.2 Rider TC2 - Transition Charge APPLICATION Applicable, pursuant to Subchapter G, of Chapter 39 of the Public Utility Regulatory Act (PURA), to all existing or future retail customers taking transmission and/or distribution service from the Company and to the facilities, premises, and loads of those retail customers, within the Company's geographical certificated service area as it existed on May 1, 1999. This schedule also applies to: 1. Retail customers taking service at facilities, premises, or loads located within the Company's geographical service area as it existed on May 1, 1999 who are not presently receiving transmission and/or distribution service from the Company, but whose present facilities, premises, or loads received transmission and /or distribution service from the Company at any time on or after May 1, 1999 when a request to change service to another utility was not pending. 2. Retail customers whose load is served by New On -site Generation (NOSG) as defined by P.U.C. SueST. R. 25.342(c)(1). 3. Public retail customers located within the service area who purchase power from the General Land Office under PURA § 35.102. Beginning on the first billing cycle after the issuance of transition bonds issued to recover the Company's regulatory assets and other qualified costs and continuing until the date customer choice begins in the power region in which the Company is located, there is recorded in a separate account, for that purpose, an amount equal to the amount collected by the application of this rate to be used to repay the principal and interest and ongoing fees and expenses on the transition bonds. After customer choice begins in the power region in which the Company is located, the amount calculated pursuant to this rate will be billed to retail electric providers (REP) based on individual retail customer consumption. METHOD OF CALCULATION (a) For all retail customers on each retail rate schedule. The transition charge is calculated for each regulatory asset recovery class by the application of a Transition Charge Factor, determined in accordance with the following formula *: Transition Charge Factor (TCF) = [(TC *RAAF) +Al / K, where: TC = Total Recovery Amount corresponding to the length of the Recovery Period is an amount necessary to recover the principal and interest and ongoing fees and expenses associated with the bonds, debentures, notes, certificates of participation or of beneficial interest, or other evidence of indebtedness or ownership that are issued by the Company, its successors, or an assignee under a Public Utility Commission of Texas approved financing order. RAAF = Regulatory Asset Allocation Factor for each class as shown in the table below. A = True -up amount for each regulatory asset recovery class as contained in a notification filed with the Commission under PURA § 39.003, subject to Commission review within 15 days of filing. K = The Company's most current estimated kWh or kW sales by regulatory asset recovery class for the length of the Recovery Period as contained in a notification filed with the Commission under PURA § 39.003, subject to Commission review within 15 days of filing. *For the General Service Secondary and General Service Primary classes, the two -step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $ /kWh for non - demand metered customers and a TCF in $ /kW for demand - metered customers. For the purpose of this formula, Recovery Period means, pursuant to PURA § 39.307, a period not to exceed 12 months. 95 Tariff for Retail Delivery Service Oncor Electric Delivery Company 1_l_C 6.1 .1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 2 of 7 Effective Date: May 14, 2010 Revision: Eight (b) Regulatory Asset Allocation Factors (RAAF) and associated Transition Charge Factors for each regulatory asset recovery class are as follows: Regulatory Transition Asset Charge Factor Regulatory Asset Rate Schedule Allocation (TCF2) Recovery Class Factor (RAAF) Residential Service R, RLU, RTU, RTU1, RTU1 -M, RRE 0.412705 See Page 7 of 7 General Service GS, S -Sec, GSR, MS, MP -Sec GTU -Sec, GTU -M -Sec, 0.447323 See Page 7 of 7 Secondary RTP -Sec, GC -Sec, and all riders excluding Interruptible General Service Primary GP, S -Pri, GPR, MS-Pd, MP -Pri, GTU -Pri, GTU -M -Pri, 0.058982 See Page 7 of 7 RTP -Pri, GC -Pri, and all riders excluding interruptible High Voltage Service HV, S -Tran, HVR, GTU -Tran GTU -M -Trap, RTP -Trap, 0.027875 See Page 7 of 7 GC -Tran, and all riders excluding interruptible Lighting Service CL, SL, SL -Pri 0.006836 See Page 7 of 7 Instantaneous GSI, GPI, HVI, SSI, SPI, STI, GSRTPII, GSRTPIM, 0.018568 See Page 7 of 7 Interruptible GSRTPID, GPRTPII, GPRTPIM, GPRTPID, HVRI, HVRTPIM, HVRTPID, and applicable riders Noticed Interruptible GSNI, GSNB, GPNI, GPNB, HVNI, NVNB, GTUC -Sec, 0.027711 See Page 7 of 7 GTUC -Pri, GTUC -Tran, GTUC -M -Sec, GTUC -M -Pri, GTUC -M -Tran, GSRTPNI, GPRTPNI, HVRTPNI, and applicable riders. Should any of the Regulatory Asset Recovery Classes cease to have any customers, the Regulatory Asset Allocation Factor will be adjusted proportionately such that the total RAAF equals 1.000. For Rate S and Rider SI customers, the transition charge will be a pro -rated daily demand charge based on the otherwise applicable non - standby transition charge. (a) The Transition Charge Amount for each customer is determined by multiplying the applicable Transition Charge Factor (TCF) by the customer's kWh or kW usage in the billing month. The Transition Charge Amount for each customer is determined to the nearest whole cent. (b) Each customer receiving service on or before May 1, 1999 will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was provided on May 1, 1999, and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (c) Any customer not previously served by TXU Electric and initiating service after May 1, 1999 and prior to January 1, 2002, will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was initially provided and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (d) Each customer initiating service on or after January 1, 2002, will be assigned to a specific Regulatory Asset Recovery Class on the basis of the principal rate schedule under which the majority of the customer's load would have been served as of May 1, 1999. 96 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 3 of 7 Effective Date: May 14, 2010 Revision: Eight NON - STANDARD TRUE -UP PROCEDURE In the event that the forecasted billing units for one or more of the Transition Charge customer classes for an upcoming period decreases by more than 10% of the billing units from the 12 months ending April 30, 1999, the Servicer shall make a non- standard true -up filing at least 90 days before the date of the next true -up adjustment. The true -up shall be conducted in the following manner. The Servicer shall: (a) allocate the upcoming period's Periodic Billing Requirement based on the Raffs approved in the Financing Order; (b) calculate undercollections or overcollections from the preceding period in each class; (c) sum the amounts allocated to each customer class in steps (a) and (b) above to determine an adjusted Periodic Billing Requirement for each customer class; (d) divide the Periodic Billing Requirement for each customer class by the maximum of the forecasted billing units or the threshold billing units for that class, to determine the threshold rate; (e) multiply the threshold rate by the forecasted billing units for each class to determine the expected collections under the threshold rate; (f) allocate the difference in the adjusted Periodic Billing Requirement and the expected collections calculated in step (e) among the transition charge customer classes using the RAAFs approved in this Financing Order; (g) add the amount allocated to each class in step (f) above to the expected collection amount by class calculated in step (e) above to determine the final Periodic Billing Requirement for each class; and (h) divide the final Periodic Billing Requirement for each class by the forecasted billing units to determine the transition charge rate by class for the upcoming period. For the General Service Secondary and General Service Primary classes, the two -step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $ /kWh for non - demand - metered customers and a TCF in $ /kW for demand - metered customers. A proceeding for the purpose of approving a non- standard true -up should be conducted in the following manner: (a) The servicer will make a "non- standard true -up filing" with the Commission at least 90 days before the date of the proposed true -up adjustment. The filing will contain the proposed changes to the transition charge rates, justification for such changes as necessary to specifically address the cause(s) of the proposed non- standard true -up, and a statement of the proposed true -up date. (b) Concurrently with the filing of the non - standard true -up with the Commission, the servicer will notify all parties in Docket No. 21527 of the filing of the proposal for a non - standard true -up. (c) The servicer will issue appropriate notice and the Commission will conduct a contested case proceeding on the non - standard true -up proposal pursuant to PURA § 39.003. The scope of the proceeding will be limited to determining whether the proposed adjustment complies with this Financing Order. The Commission will issue a final order by the proposed true -up adjustment date stated in the non- standard true -up filing. In the event that the Commission cannot issue an order by that date, the servicer will be permitted to implement its proposed changes. Any modifications subsequently ordered by the Commission will be made by the servicer in the next true -up filing. BILLING AND COLLECTION The billing and collection of TC Rates may differ as set forth in this schedule. The terms and conditions for each party are set forth below: 1 Billing and Collection Prior to Customer Choice A. Billing by the Servicer to end -use customers: 1. Applicable to consumption of all current retail customers. 2. Payment terms identical to present retail rates. 3. Right to terminate for non - payment pursuant to P.U.C. SUBST. R. 25.28 and 25.29, or any successor rule(s). B. Billings by Servicer to other electric utilities, municipally owned utilities, and cooperatives: 1. Applicable to former retail customers of the Company in multiply- certificated service areas now taking service from other utilities or cooperatives, if the customer did not have a request to switch service pending as of May 1, 1999. 97 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 4 of 7 Effective Date: May 14, 2010 Revision: Eight 2. Charges subject to this tariff must be paid in full by the other utility or cooperative to the Servicer 16 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end -use retail customer. C. Billings by Servicer to Non - eligible Self - -generation [NESG): 1. Applicable to end use consumption served by on -site non - eligible self - generation. 2. Payment terms pursuant to the Commission's rules. 3. Right to terminate for non- payment pursuant to P.U.C. SUBST. R. 25.28 and 25.29, or any successor rule(s). 2) Billing and Collection Subsequent to Customer Choice able to former retail customers of the Company in multiply- certificated service areas now service from other utilities or cooperatives. 2. Charges subject to this tariff must be paid in full by the other electric utility or cooperative to the Servicer 35 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end -use retail customer. B. Billings by Servicer to NESG: 1. Applicable to end -use consumption served by on -site non - eligible self generation. 2. Payment terms pursuant to the Commission's rules. 3. Right to terminate for non - payment pursuant to the Commission's rules. C. Billings by the REP or its Replacement to End -Use Customers: 1. Applicable to consumption of all retail end -use customers served by the REP for which TCs apply, including applicable former customers and NESG, under the following conditions: 2. REPS shall provide the Servicer with full and timely information necessary to provide proper reporting and for billing and true -up adjustments. 3. Each REP must (1) have a long -term, unsecured credit rating of not less than "BBB -" and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively, or (2) provide (A) a deposit of two months' maximum expected Transition Charge collections in the form of cash, (B) an affiliate guarantee, surety bond, or letter of credit providing for payment of such amount of Transition Charge collections in the event that the REP defaults in its payment obligations, or (C) a combination of any of the foregoing. A REP that does not have or maintain the requisite long -term, unsecured credit rating may select which alternate form of deposit, credit support, or combination thereof it will utilize, in its sole discretion. The Indenture Trustee shall be the beneficiary of any affiliate guarantee, surety bond or letter of credit. The provider of any affiliate guarantee, surety bond, or letter of credit must have and maintain a long -term, unsecured credit ratings of not less than "BBB -" and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively. 4. If the long -term, unsecured credit rating from either Standard & Poor's or Moody's Investors Service of a REP that did not previously provide the alternate form of deposit, credit support, or combination thereof or of any provider of an affiliate guarantee, surety bond, or letter of credit is suspended, withdrawn, or downgraded below "BBB -" or "Baa3" (or the equivalent), the REP must provide the alternate form of deposit, credit support, or combination thereof, or new forms thereof, in each case from providers with the requisite ratings, within 10 business days following such suspension, withdrawal, or downgrade. A REP failing to make such provision must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its Replacement (when applicable). 5. The computation of the size of a required deposit shall be agreed upon by the Servicer and the REP, and reviewed no more frequently than quarterly to ensure that the deposit accurately reflects two months' maximum collections. Within 10 business days following such review, (1) the REP shall remit to the Indenture Trustee the amount of any shortfall in such required deposit or (2) the Servicer shall instruct the Indenture Trustee to remit to the REP any amount in excess of such required deposit. A REP failing to so remit any such shortfall must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its Replacement (when applicable). REP cash deposits shall be held by the Indenture Trustee, 98 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 5 of 7 Effective Date: May 14, 2010 Revision: Eight maintained in a segregated account, and invested in short-term high quality investments, as permitted by the rating agencies rating the Transition Bonds. Investment earnings on REP cash deposits shall be considered part of such cash deposits so long as they remain on deposit with the Indenture Trustee. At the instruction of the Servicer, cash deposits will be remitted with investment earnings to the REP at the end of the term of the Transition Bonds unless otherwise utilized for the payment of the REP's obligations for Transition Bond payments. Once the deposit is no longer required, the Servicer shall promptly (but not later than 30 calendar days) instruct the Indenture Trustee to remit the amounts in the segregated accounts to the REP. In the event that a REP or the Provider of Last Resort (POLR) is billing customers for TCs, the REP shall have the right to transfer the customer to the POLR (or to another certified REP) or to direct the Servicer to terminate transmission and distribution service to the end -use customer for non - payment by the end -use customer pursuant to applicable Commission rules. D. Billings by the Servicer to the REP or its Replacement (when applicable): 1. Applicable to all consumption subject to REP billing of TCs. Payments of TCs are due 35 calendar days following each billing by the Servicer to the REP, without regard to whether or when the REP receives payment from its retail customers. The Servicer shall accept payment by electronic funds transfer (EFT), wire transfer (WT) and/or check. Payment will be considered received the date the EFT or WT is received by the Servicer, or the date the check clears. A 5% penalty is to be charged on amounts received after 35 calendar days; however, a 10- calendar -day grace period will be allowed before the REP is considered to be in default. A REP in default must comply with the provisions set forth in Paragraph 3 below. The 5% penalty will be a one -time assessment measured against the current amount overdue from the REP to the Servicer. The current amount consists of the total unpaid Transition Charges existing on the 36 calendar day after billing by the Servicer. Any and all such penalty payments will be made to the indenture trustee to be applied against Transition Charge obligations. A REP shall not be obligated to pay the overdue Transition Charges of another REP. If a REP agrees to assume the responsibility for the payment of overdue Transition Charges as a condition of receiving the customers of another REP who has decided to terminate service to those customers for any reason, the new REP shall not be assessed the 5% penalty upon such Transition Charges; however, the prior REP shall not be relieved of the previously assessed penalties. After the 10 calendar -day grace period (the 45 calendar day after the billing date) referred to in Paragraph 2 above, the Servicer shall have the option to seek recourse against any cash deposit, affiliate guarantee, surety bond, letter of credit, or combination thereof made by the REP, and avail itself of such legal remedies as may be appropriate to collect any remaining unpaid Transition Charges and associated penalties due the Servicer after the application of the REP's deposit or alternate form of credit support. In addition, a REP that is in default with respect to the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Replacement to End -Use Customers and Paragraph 2 of this section shall select and implement one of the following options: (a) Allow the Provider of Last Resort (POLR) or a qualified REP of the customer's choosing to immediately assume the responsibility for the billing and collection of Transition Charges. (b) Immediately implement other mutually suitable and agreeable arrangements with the Servicer. It is expressly understood that the Servicer's ability to agree to any other arrangements will be limited by the terms of the servicing agreement and requirements of each of the rating agencies that have rated the Transition Bonds necessary to avoid a suspension, withdrawal, or downgrade of the ratings on the Transition Bonds. (c) Arrange that all amounts owed by retail customers for services rendered be timely billed and Immediately paid directly into a lock -box controlled by the Servicer with such amounts to be applied first to pay Transition Charges before the remaining amounts are released to the REP. All costs associated with this mechanism will be borne solely by the REP. If a REP that is in default fails to immediately select and implement one of the foregoing options in (a), (b), or (c) or, after so selecting one of the foregoing options, fails to adequately meet its responsibilities thereunder, then the Servicer shall immediately implement option (a). Upon re- establishment of the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Renlacement_to End -Use Customers and Paragraph 2 of this section and the payment of all past -due amounts and associated penalties, the REP will no longer be required to comply with this subsection. 4. The initial POLR appointed by the Commission, or any Commission appointed successorto the POLR, will be required to meet the minimum credit rating and/or deposit/credit support requirements described in Paragraph 3 of the preceding section, Billings by the REP or its Replacement to End -Use Customers, in addition to any other standards that may be adopted by the Commission. If the POLR defaults or is not eligible to provide such services, responsibility for billing and collection of transition charges will immediately be transferred to 99 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 6 of 7 Effective Date:_ May 14, 2010 Revision: Eight and assumed by the Servicer until a new POLR can be named by the Commission or the customer requests the services of a certified REP. Retail customers may never be re- billed by the successor REP, the POLR, or Servicer for any amount of Transition Charges they have paid their REP (although future TCs shall reflect REP and other system -wide charge - offs). Additionally, if the amount of the penalty detailed in Paragraph 2 of this section is the sole remaining past -due amount after the 45th day, the REP shall not be required to comply with (a), (b), or (c) above, unless the penalty is not paid within an additional 30 calendar days. 5. In the event the Servicer is billing customers for Transition Charges, the Servicer shall have the right to terminate transmission and distribution service for non - payment by end -use customers pursuant to the Commission's rules. 6. Notwithstanding Paragraph 2 of this section, the REPs will be allowed to hold back an allowance for charge -offs in their payments to the Servicer. Such charge -off rate will be recalculated each year in connection with the annual true -up procedure. In the initial year, the REPS will be allowed to remit payments based on the same system -wide charge off percentage then being used by the Servicer to remit payments to the indenture trustee for the holders of Transition Bonds. On an annual basis in connection with the true -up adjustment process, the REP and the Servicer will be responsible for reconciling the amounts held back with amounts actually written off as uncollectible in accordance with the terms agreed to by the REP and the Servicer, provided that: (a) The REP's right to reconciliation for write -offs will be limited to customers whose service has been permanently terminated and whose entire accounts (i.e., all amounts due the REP for its own account as well as the portion representing Transition Charges) have been written off. (b) The REP's recourse will be limited to a credit against future TO payments unless the REP and the Servicer agree to alternative arrangements, but in no event will the REP have recourse to the SPE or its funds for such payments. (c) The REP shall provide information on a timely basis to the Servicer so that the Servicer can include the REP's default experience and any subsequent credits into its calculation of the Adjusted Transition Charge Rates for the next TO billing Period and the REP's rights to credits will not take effect until after such Adjusted Transition Charge Rates have been implemented. 7. In the event that a REP disputes any amount of billed Transition Charges, the REP shall pay the disputed amount under protest according to the timelines detailed in Paragraph 2 of this section. The REP and Servicer shall first attempt to informally resolve the dispute, but if failing to do so within 30 calendar days, either party may file a complaint with the Commission. If the REP is successful in the dispute process (informal or formal), the REP shall be entitled to interest on the disputed amount paid to the Servicer at the Commission - approved interest rate. Disputes about the date of receipt of Transition Charge payments (and penalties arising thereof) or the size of a required REP deposit will be handled in a like manner. Any interest paid by the Servicer on disputed amounts shall not be recovered through Transition Charges if it is determined that the Servicer's claim to the funds is clearly unfounded. No interest shall be paid by the Servicer if it is determined that the Servicer has received inaccurate metering data from another entity providing competitive metering services pursuant to PURA § 39.107. 8. If the Servicer is providing the metering, the metering data will be provided to the REP at the same time as the billing. if the Servicer is not providing the metering, the entity providing metering service(s) will be responsible for complying with Commission rules and ensuring that the Servicer and the REP receive timely and accurate metering data in order for the Servicer to meet its obligations under the Servicing Agreement and the Financing Order with respect to billing and true -ups. NOTICE This rate is subject to the orders of regulatory bodies having jurisdiction and to the provisions of Company's Tariff for Electric Service. 100 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 7 of 7 Eff2rtiye Date: May 14, 2010 Revision: Eiaht Transition Charge Factor 2 (TCF2) Effective Date May 28, 2010 Dec. 30, 2009 May 29, 2009 May 28, 2006 May 25, 2007 May 30, 2006 May 31, 2005 Nov.30,2004 June 30,2004 101 High Residentia General Service General Service Primary Voltage l.iuhhtinnc Service Instantaneous Noticed Interruptible I Service Secondary Service Interruptible 510 kW >10kW s10kW >10kW $ /kWh) $ / kWh) $I kW) $ / kWh) $IkW $IkW) $ / kWh) $I kW) $IkW) 0.000920 .001351 0.248 0.000696 0.269 0.121 0.001286 0.140 0.228 0.001058 (0.000959) 0.397 0.000463 0.330 0.392 0.001291 0.199 0.429 0.000964 0.000741 0.289 (0.000294) 0.281 0.170 0.001258 0.157 0.263 0.000948 0.000179 0.266 0.000390 0.280 0.077 0.001219 0.142 0.234 0.000969 0.000684 0.264 0.000309 0.237 0.143 0.001230 0.148 0.233 0.000993 0.000374 0.272 0.000594 0.336 0.168 0.001197 0.139 0.294 0.000958 0.000826 0.366 0.000378 0.289 0.146 0.001360 0.163 0.161 0.001164 0,000577 0.163 0.000799 0.355 0.149 0.001343 0.146 0.316 0.000966 0.000970 0.282 0.000654 0.296 0.205 0.001277 0.113 0.195 101 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1 .1 Delivery System Charges Sheet: 3.1 Applicabie: Entire Certified Service Area Page 1 of 1 Effective Date: January 1, 2002 Revision: Original 6.1,1.3 CTC 6.1.1.3,1 Rider CTC - Competition Transition Charge NOT APPLICABLE 102 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 41 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: July 1, 2011 Revision: Three 6,1.1.4 Charges for SBF 6.1.1.4.1 Rider SBF - System Benefit Fund AVAILABILITY Pursuant to Utility Code, Section 39.903, the system benefit fund (SBF) is a nonbypassable fee set by the Public Utility Commission (PUC). NET MONTHLY BILL AMOUNT A Retail Customer's SBF fee for the billing month shall be determined by multiplying the appropriate SBF charge factor shown below by the current month's billing kWh as determined in the Retail Customer's applicable Rate Schedule. Rate Schedule Residential Service Secondary Service Less than or Equal to 10 kW Secondary Service Greater than 10 kW Primary Service Less than or Equal to 10 kW Primary Service Greater than 10 kW — Distribution Line Primary Service Greater than 10 kW — Substation Transmission Service Lighting Service System Benefit Fund Charge Factor fSBFCFI $ 0.000654 per kWh $ 0.000654 per kWh $ 0.000654 per kWh $ 0.000639 per kWh $ 0.000639 per kWh $ 0.000639 per kWh $ 0.000630 per kWh $ 0.000654 per kWh The amount to be billed is determined by multiplying the Retail Customer's kWh consumption by the appropriate system benefit fund charge factor and is rounded to the nearest cent. 103 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 5.1 Applicable: Entire Certified Service Area Except Areas previously served by TXU SESCO Page 1 of 1 Effective Date: December 30, 2009 Revision: One 6.1.1.5 Charges for Nuclear Decommissioning 6.1.1.5,1 Rider NDC - Nuclear Decommissioning Charges AVAILABILITY Applicable, pursuant to Subchapter G, of Chapter 39 of the Utilities Code, to all existing or future Retail Customers, including the facilities, premises, and loads of those Retail Customers, within the Company's geographical certificated service area. NET MONTHLY BILL AMOUNT The Nuclear Decommissioning Charge Factor for each of the Company's stranded cost recovery classes is as follows: Stranded Cost Recovery Class Residential Service Secondary Service Less than or Equal to 10 kW Secondary Service Greater than 10 kW Primary Service Less than or Equal to 10 kW Primary Service Greater than 10 kW — Distribution Line Primary Service Greater than 10 kW — Substation Transmission Service Lighting Service Nuclear Decommissioning Charge Factor (NDCI=) $ 0.000169 per kWh $ 0.000146 per kWh $ 0.044 per Distribution System billing kW $ 0.000096 per kWh $ 0.045 per Distribution System billing kW $ 0.045 per Distribution System billing kW $ 0.046 per Distribution System billing kW $ 0.000147 per kWh The amount to be billed is determined by multiplying the Retail Customer's billing determinant (kWh consumption or kW billing demand, whichever is appropriate) by the appropriate Nuclear Decommissioning Charge Factor and is rounded to the nearest cent. 104 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.1 Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: July 1, 2011 Revision: Five 6.1.1.6 Other Charges 6.1.1.6.1 Rider Transmission Cost Recovery Factor (TCRF) APPLICABILITY Each Retail Customer connected to the Company's transmission or distribution system will be assessed a nonbypassable transmission service charge adjustment pursuant to this rider. The charges derived herein, pursuant to Substantive Rule § 25.193, are necessitated by a change in a transmission service provider's wholesale transmission rate subsequent to Commission approval of the Company's base rate charge for transmission service. MONTHLY RATE The Competitive Retailer, on behalf of the Retail Customer, will be assessed this transmission service charge adjustment based on the monthly per unit cast (TCRF) multiplied times the Retail Customer's appropriate monthly billing determinant (kWh, 4 CP kW or NCP M). The TCRF shall be calculated for each rate according to the following formula: TCRF = N N { [Y (NWTRi * NL) — (B WTRi * NL)] * 112 * ALLOC} + ADJ no] rounded to nearest $.000001 Where: TCRF = Transmission Cost Recovery Factor in dollars per kWh, dollars per 4 CP kW or dollars per NCP kW to be used for billing for each listed rate schedule. The rate schedules are listed under " ALLOC" below. NWTRi = The new wholesale transmission rate of aTSP, approved by the Commission by order or pursuant to Commission rules, since the Company's last rate case. BWTRI = The base wholesale transmission rate of the TSP represented in the NWTR; used to develop the retail transmission charges of the Company, in the Company's last rate case. NLi = The Company's individual 4CP load component of the total ERCOT 4CP load used to develop the NWTRi. ALLOC = The class allocator approved by the Commission to allocate the transmission revenue requirement among classes in the Company's last rate case, unless otherwise ordered by the Commission. The Allocation Factor for each listed rate schedule is as follows: Residential Service 46.85388101% Secondary Service Less Than or Equal to 10 kW 1.08761120% Secondary Service Greater Than 10 kW 39.31916342% Primary Service Less Than or Equal to 10 kW 0.01447562% Primary Service Greater Than 10 kW Distribution Line 6.35164042% Primary Service Greater Than 10 kW Substation 1.25180889% Transmission Service 5.12141944% Lighting Service 0.00000000% 105 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.1 Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: July 1, 2011 Revision: Five ADJ = Z {EXP, — (REV, — ADJP1, — ADJP2 J P =I Where: ADJ = Adjustment to Rate Class TCRF to include prior periods' over/(under) recovery. EXPp = Transmission expense not included in base rates for period p. REVp = TCRF revenue for period p. (REVp — ADJPip — ADJPip) = TCRF Revenue for period p excluding prior period adjustments included in period p. ADJPip = one -sixth of ADJ calculated in the previous TCRF update for the periods 5 and 6. ADJPip = one -sixth of ADJ calculated in the second previous TCRF update for the periods 1 -4. BD — Each class's billing determinant (kWh, 4 CP kW, or NCP kW) forthe previous March 1 through August 31 period for the March 1 TCRF update, and for the previous September 1 through February 28 period for the September 1 TCRF update. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 106 Tariff for Retail Delivery Service Oncor Electric Delivery Company !_!_C 6.1.1 Delivery System Charges Sheet: 6.1 Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: July 1, 2011 Revision: Twenty Transmission Cast Recovery Factor (TCRF) Effective Date July 1, 2011 March 1, 2011 Sept, 1, 2010 March 1, 2010 Dec. 30, 2009 Sept. 17, 2009 Sept. 1, 2009 March 1, 2009 Sept. 1, 2008 March 1, 2008 Sept. 1, 2007 March 1, 2007 Sept. 1, 2006 March 1, 2006 Sept. 1, 2005 March 1, 2005 Sept. 1, 2004 March 1, 2004 Sept. 1, 2003 March 1, 2003 Sept. 1, 2002 Jan. 1, 2002 Residential Service Secondary Service s 10 kW >10 kW 510 kW Primary Service >10 kW Distribution Line Substation Transmission Service NonlDR IDR ($ /NCP ($ /4CP NonlDR IDR ($14CP IDR $/kWh ) ($/kWh) kW kW ) ($/kWh) ($ /NCP kW $14CP kW kW $ /4CP kW 0.006872 0.004676 1.846436 2.059691 0.003346 2.124988 2.193299 2.402998 2.249449 0.000950 0.000731 0.283570 0.385626 0.000629 0.302083 0.396410 0.283060 0.422800 0.000685 0.000455 0.170603 0.233457 0.000344 0.191823 0.229377 0.252862 0.247124 0.000516 0.000343 0.128406 0.175714 0.000259 0.144377 0.172643 0.190319 0.186001 0.000363 0.000246 0.091033 0.125668 0.000186 0.105518 0.117411 0.120862 0.120722 0.000363 0.000246 0.091033 0.12566B 0.000186 0.112336 0.117110 0.117110 0.120722 0.002356 0.002462 0.472547 0.840573 0.001623 0.479068 0.720912 0.720912 0.691746 0.002189 0.002287 0.439061 0.781008 0.001508 0.445120 0.669826 0.669826 0.642727 0.002063 0.002127 0.403055 0.702664 0.001420 0.430280 0.619825 0.619825 0.573063 0.001732 0.001786 0.338336 0.589841 0.001192 0.361193 0.520303 0.520303 0.481049 0.001533 0.001635 0.310246 0.456301 0.001134 0.438720 0.414901 0.414901 0.440732 0.001215 0.001295 0.245789 0.361500 0.000896 0.347571 0.328701 0.328701 0.349165 0.001051 0.001033 0.271030 0.256934 000667 0.861852 0.242577 0.242577 0.379605 0.000764 0.000751 0.196945 0.186702 0.000485 0.640802 0.176270 0.176270 0.275841 0.000808 0.000782 0.195061 0.218221 0.000431 0.614912 0.202486 0.202486 0.278379 0.000899 0.000882 0.218670 0.232808 0.000486 0.683723 0.218281 0.218281 0.284134 0.000866 0.000843 0.219118 0.264549 0.001117 0.707964 0.225077 0.225077 0.326989 0.000501 0.000488 0.126731 0.153007 0.000646 0.409464 0.130178 0.130178 0.189120 0.000398 0.000320 0.105622 0.120717 0.000184 0.105499 0.104723 0.104723 0.133828 0.000223 0.000214 0.059254 0.068434 0.000154 0.059010 0.060388 0.060388 0.078650 0.000056 0.000045 0.014703 0.018325 0.000026 0.011607 0.017807 0.017807 0.013191 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 107 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.2 Applicable: Entire Certified Service Area Page 1 of 7 Effective Date: July 1, 2011 Revision: Three 6.1.1.6.2 Rider CMC - Competitive Metering Credit AVAILABILITY Applicable, pursuant to PURA § 39.107 (b) and (i) and PUCT Substantive Rule § 25.311, to any non - residential Retail Customer required by the Independent Organization to have an Interval Data Recorder Meter or a non- residential Retail Customerthat is a partyof an energy savings performance contract and Company has installed a Non- Company Owned Billing Meter. NET MONTHLY BILL AMOUNT The Competitive Metering Credit for each of the Company's eligible retail rate schedules is as follows: Rate Schedule Meter Credit Secondary Service Less than or Equal to 10 kW $1.01 per month Secondary Service Greater than 10 kW $1.82 per Month Primary Service Less than or Equal to 10 kW $1.86 per Month Primary Service Greater than 10 kW — Distribution Line $2.55 per Month Primary Service Greater than 10 kW - Substation $3.75 per Month Transmission Service $3.75 per Month Lighting Service (Metered Facilities) $1.48 per Month The Retail Electric Provider of record forthe applicable Retail Customerwill receive one credit per month forthe Retail Customer's utilization of a Non - Company Owned Billing Meter. Rider CMC is not applicable to Retail Customers being provided service under the Residential Service Rate Schedule or the Unmetered Facilities Monthly Rate contained in the Lighting Service Rate Schedules. AGREEMENT An Agreement for Meter Ownership and/or Access for Non- Company Owned Meters is required. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. 108 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.3 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: December 30, 2010 Revision: Four 6.1.1.6.3 Rider EECRF - Energy Efficiency Cost Recovery Factor APPLICATION Applicable, pursuant to PURA § 39.905(b)(4) and Substantive Rule § 25.1 B1 (f), to all customers in customer classes that receive services under the Company's energy efficiency programs. METHOD OF CALCULATION An Energy Efficiency Cost Recovery Factor (EECRF) shall be calculated annually in accordance with the following formula: EECRF,, = j(Exp Rev + (Exp - Rev.) + Intent)] _ CUSTP, where: EECRF, = Energy Efficiency Cast Recovery Factor for the class. Exp, = Projected expense for next year by class. Rev = Projected revenue in base rates for the next year by class. Exp = Actual expense from the previous year by class. Rev. = Actual revenue in base rates and EECRF from the previous year by class. Intent = An allowance approved by the PUC for recovery by the Company in recognition of Company performance in exceeding its demand reduction goals. CUST = Cumulative number of bills by class forecast for all months of the next year. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 109 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.3 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: December 30, 2010 Revision: Four Energy Efficiency Cost Recovery Factor (EECRF) Effective Date Dec. 30, 2010 Dec. 30, 2009 Sept. 17, 2009 Dec. 29, 2008 Residential Transmission Lighting Service Secondary Service Primary Service Service Service a10kW— Distribution 7 10 kW — 5 10 kW a 10 kW 5 10 kW tine Substation ($ / Retail ($ / Retail ($ / Retail ($ / Retail ($ / Retail ($ / Retail ($ / Retail ($ / Retail Customer) Customer) Customer) Customer) Customer) Customer) Customer) Customer) 0.91 0.01 8.14 4.79 75.91 185.59 (71.62) 0.00 0.89 0.11 9.66 0.06 59.87 720.49 273.71 0.00 0.92 0.22 8.68 0.00 76.27 76.27 443.77 0.00 0.22 (0.79) 2.48 (2.17) 26.17 26.17 (227.52) (0.17) 110 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: March 1, 2010 Revision: Two 6.1.1.6.4 Rider AMCRF - Advanced Metering Cost Recovery Factor AVAILABILITY Applicable, pursuant to PURA § 39.107(h) and PUCT Substantive Rule § 25.130, to Retail Customers receiving metered service for which the Company will install an Advanced Metering System ( "AMS ") at anytime during the AMS cost recovery period approved by the Public Utility Commission of Texas. Rider AMCRF is not applicable to Retail Customers whose: (1) load is required to be metered by an interval data recorder meter by the Independent System Operator (ERCOT), (2) load was metered by an interval data recorder meter prior to the effective date of PUCT Substantive Rule § 25.130 (May 30, 2007), or (3) load is unmetered. NET MONTHLY BILL AMOUNT The AMCRF for each of the Company's applicable retail rate schedules is as follows: Rate Schedule AMCRF Residential Service $2.19 per Month Secondary Service Less than or Equal to 10 kW $2.39 per Month Secondary Service Greater than 10 kW $3.98 per Month Primary Service Less than or Equal to 10 kW $3.95 per Month Primary Service Greater than 10 kW $5.15 per Month Lighting Service (Metered Facilities) $3.25 per Month HOME AREA NETWORK FUNCTIONALITY As of January 31, 2010, Oncor's advanced metering system supports provisioning and de- provisioning up to five in -home devices, transmitting pricing signals, direct load control or thermostat adjustment signals, and text messages using ZigBee Smart Energy Profile 1.0. Messages can be sent to an individual meter (point -to- point) or to all meters across the entire system (broadcast). NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.5 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: December 30, 2009 Revision: One 6.1.1.6.5 Rider RCE — Rate Case Expense Surcharge AVAILABILITY Applicable to all Retail Customers receiving Delivery Service under one of the Company's Rate Schedules in the Tariff for Retail Delivery Service for recovery of rate case expenses approved in Docket No. 36530. Rider RCE shall remain in effect for three years from the effective date of this tariff. NET MONTHLY BILL AMOUNT The RCE amount for each of the Company's applicable retail rate schedules is as follows: Rate Schedule RCE Residential Service $0.000036 per kWh Secondary Service Less than or Equal to 10 kW $0.000049 per kWh Secondary Service Greater than 10 kW $0.007944 per kW Primary Service Less than or Equal to 10 kW $0.000027 per kWh Primary Service Greater than 10 kW — Distribution Line $0.006765 per kW Primary Service Greater than 10 kW - Substation $0.003775 per kW Transmission Service $0.001674 per kW Lighting Service $0.000139 per kWh NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. 112 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.6 Applicable: Entire Certified Service Area Page 1 of 1 Effective_ Date: July 1,2011 __ Revision: One 6.1.1.6.6 - Rider SCUD - State Colleges & Universities Discount AVAILABILITY This rider is available to any facility of a four -year state university, upper -level institution, Texas State Technical College, or college as provided for in Sec. 36.351 of the Utilities Code, and is applicable to Delivery System Service taken pursuant to a Rate Schedule which specifically references this Rider (the "Effectuating Rate Schedule "). MONTHLY RATE The total of the Transmission and Distribution Charges (including Municipal Franchise Fee), System Benefit Fund Charge, and Nuclear Decommissioning Charge that would otherwise be applicable under the Effectuating Rate Schedule, shall be reduced by 20 %. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. 113 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 1 Applicable: Entire Certified Service Area Page 1 of 6 Effective Date: July 1, 2011 Revision: Eleve 6.1.2 Discretionary Charges 6.1.2,1 Standard Discretionary Service Charges Charges Billed by Company to Competitive Retailer The Discretionary Service Charges listed below are charges for which the Company shall bill the Competitive Retailer upon completion of 1he service. All charges for the services in 6.1.2 are included in the rates herein. No additional charges (such as processing fees, copying fees etc) shall apply. Company shall uniformly apply the standard TX SET code that corresponds to each service below on all Invoices for such service. Charge Name and Description Amount No. Company shall be open for normal business Monday— Friday 5:00 AM — 5:00 PM and available for Priority /Same Day requests Monday — Friday 5:00 PM — 10:00 PM except on holidays designated in Section 3.18, NON - BUSINESS DAY DESIGNATIONS. Company shall be available for emergencies at all times. This shall not preclude Company from staffing at additional times. Connect €on Charges (Move In} >. SD1 Standard Move -In Applicable to requests to energize a Retail Customer's connection to the Delivery System where at least two Business Days notice has been provided. Such requests, which include the corresponding TX SET code for standard service, and are received by Company at least two Business Days prior to the Competitive Retailer's requested date shall be completed no later than the requested date. Requests received after 5:00 PM CPT or on a day that is not a Business Day, shall be considered received on the next Business Day. If the request is received less than two Business Days prior to the requested date, the Move -In will be scheduled for the Business Day that is two Business Days after the date the request Is received. If the requested date is not a Business Day, the Move -In will be scheduled for the first Business Day following the requested date. This service Is not available if Inspections and permits, or other construction Is required. I. Self- Contained Meter (existing) $ 3.20 I[. Self- Contained Meter (new) $ 11.35 Ill. CT /Other Meter (existing) $ 57.65 IV. CT/Other Meter new $ 75.95 SD2 Priority Move -In Applicable to requests to energize a Retail Customer's connection to the Delivery System where less than two Business Days notice has been provided. Such request shall include the TX SET priority code designation for pdorityservice. Company shall complete Priority Connections on the requested date, provided that the request was received by 5:00 PM CPT of that Business Day. If service is not provided on the Business Daythe request is received, the Priority Connection shall be completed by no later than close of business of the next Business Day. Requests received after 5:00 PM CPT or on a day that Is not a Business Day, shall be considered received on the next Business Day. This service Is only available at an existing Premises with an existing Meter. It is not available if lnspectlons and permits, or other construction is required. I. Self- Contained Meter (existing) $ 10.35 ii. CTIOther Meter (existing) $103.90 D €sconnection Charges SD3 Move -Out Company shall discontinue Delivery Service to the Point of Delivery on the requested date provided the Company receives the transaction at least two Business Days prior to the requested date. A transaction received after 5:00 PM CPT on a Business Day, or on a Charge applicable to day that is not a Business Day, will be considered received on the next Business Day. if requests to de- the request is received less than two Business Days prior to the requested date, the energize service on Move -Out will be scheduled for the Business Day that is two Business Days afterthe date a move -out is the request is received. If the requested date is not a Business Day, the move -out will be Included In the scheduled for the first Business Day following the requested date. move -in charge. 114 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 1 Applicable: Entire Certified Service Area Page 2 of 6 Effective Date: July 1, 2011 Revision: Eleven SD4 Customer Requested Clearance Applicable to requests to de- energize /re- energize Company facilities to allow Retail Customer or Retail Customer's contractor to work near Company or on or near Retail Customer's electrical facilities. Requests for Clearance shall be filled on the requested date provided Company receives the request on a Business Day that is not later than three Business Days prior to the requested date. Notices received after 5:00 PM CPT, or on a day that is not a Business Day, will be considered received on the next Business Day. If the requested date is not a Business Day, or if the Company receives the request with less than three Business Days prior notice, or the clearance cannot be safely performed on the requested date, Company will accommodate the request based on mutual agreement with the requesting party at charges as calculated. All charges include the cost for de- energizing and re- energizing facilities. I. With three Business Days notice (residential) €€. With three Business Days notice (non-residential) III. With less than three Business Days notice As Calculated As Calculated As Calculated D4$C6n11d6t / R nect1fdr Ndtl PA CllargeS SD5 Disconnect for Non -Pay (DNP) Applicable to requests from Competitive Retailer to de- energize service to Retail Customer due to Retail Customer's failure to pay charges billed by its Competitive Retailer or Company. For premises without a provisioned advanced meter and for premises with a provisioned advanced meter without remote disconnect/connect capabilities, If the DNP Is requested by the Competitive Retailer, the request shall be completed within three Business Days of the requested date, provided Company receives the request at least two Business Days before the requested date. Notices received after 5:00 PM CPT, or on a daythat is not a Business Day, will be considered received on the next Business Day. For premises with a provisioned advanced meter with remote disconnect/connect capabilities and for which that Company can successfully communicate with that provisioned advanced meter at the time Company attempts to execute the request by using Companys advanced metering system, if the DNP is requested bythe Competitive Retailer, the request shall be completed within 2 hours of receipt of request on the requested date provided Company receives the request no laterthan 2 :00 PM CPT on the requested date and provided that the requested date Is a Business Day. Requests received after 2:00 PM CPT on the requested date, or on a day that is not a Business Day, will be completed no later than 8:00 AM CPT on the next Business Day. If Company cannot successfully communicate with the provisioned advanced meter at the time Company attempts to execute the request by using Company's advanced metering system, the request shall be completed within three Business Days of the requested dale. For all premises, Company shall not disconnect a premise before the requested date and shall not disconnect a premise on the Business Day immediately preceding a holiday. If the DNP Is performed by Company due to Retail Customer's non - payment of a charge billed directly by Company to the Retail Customer, or because the Retail Customer has not fulfilled Its obligations under a contract entered into between Company and the Retail Customer, these charges shall not be billed to the Competitive Retailer. At Meter €. Standard Disconnect $ 2.70 IL Same Day Disconnect n/a At Premium Location (i.e. pole, weatherhead, secondary box] I. Standard Disconnect $ 35.55 ii. Same DU disconnect n/a 115 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 1 Applicable: Entire Certified Service Area Page 3 of 6 Effec Date: July 1, 2011 Re Ele SD6 Reconnect After DNP Applicable to requests to re- energlze service to Retail Customer after Retall Customer has been disconnected for non - paymeni. Company shall complete reconnection no later than 48 hours from the time the request is received. However, if this requirement results In the reconnection being performed on a day that is not a Business Day, an additional charge for non - Business Day connection will also apply. Standard Reconnect: For premises without a provisioned advanced meter, for premises with a provisioned advanced meter without remote disconnect/connect capabilities, and for premises with a provisioned advanced meter for which that Company cannot successfully communicate with that provisioned advanced meter at the time Company attempts to execute the request by using Company's advanced metering system, standard reconnect requests received by Company by 2:00 PM CPT on a Business Day shall be reconnected that day. For premises with a provisioned advanced meter with remote disconnect/connect capabilities and for which Company can successfully communicate with that provisioned advanced meter at the lime Company attempts to execute the request by using Company's advanced metering system, standard reconnect requests received by Company from 8:00 AM C PT to 7:00 PM CPT on a Business Day shalt be reconnected within 2 hours of receipt of request. For premises with a provisioned advanced meter with remote disconnect/connect capabilities where the Competitive Retailer provides prepaid service under P.U.C. S1BST. R. 25.498, standard reconnect requests received byihe Company from 8:00 AM CPT to 7:00 PM CPT on a Business Day shall be reconnected within 1 hour of receipt of request. For all premises, standard reconnect requests received by Company after 2:00 PM CPT on a Business Day shall be reconnected that day if possible, but no later than the close of Company's next field operational day. Standard reconnect requests received by Company after 7:00 PM CPT or on a day that is not a Business Day maybe considered received on the next Business Day, Same Day Reconnect: Same day reconnect requests received by Company prior to 5:00 PM CPT on a Business Day shall be reconnected no later than the close of Companys field operational day. At Meter i. Standard Reconnect $ 3.10 ii. Same Day Reconnect $ 5.30 Iii. Weekend $ 25.00 Iv. Holiday $ 32.45 At Premium Location (i.e. pole, weaiherhead, secondary box] i. Standard Reconnect $ 40.40 ** il. Same Day Reconnect $ 65.60 ** iii. Weekend $116.10 ** Iv. Holiday $143.15** NOTE. In no event shall Company fail to reconnect service within 48 hours after a reconnection request is received. Meter Test Clage SD7 Applicable to Meter tests performed at the request of Competitive Retailer or Retail Customer in accordance with Section 4.7.4, METER TESTING. Self - contained Meter — Company owned I. First test within the previous four years No Charge it. Found outside of the accuracy standards No Charge iii. Single Phase $ 33.70 Iv. Three Phase $ 77.80 CT /Other Meter — Company owned I. First test within the previous four years No Charge II. Found outside of the accuracy standards No Charge iii. Single Phase $ 87.75 IV. Three Phase $117.00 Competitive Meter $117.00 116 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Applicable: Entire Certified Service Area Effective Date: July 1, 2011 Sheet: 1 Page 4 of 6 Revision: Eleven Oi�t of Cycle Meter Read Charges �- SD8 Re -Reads Applicable to requests to re -read Retail Customer's Meter to verity the accuracy of Companys Meter Reading. The re -read shall be completed within five Business Days of Company's receipt of the request. 1. Meter Reading found to be in error $ 0.00 !I. Meter Reading found to be accurate $ 1.90 SD9 Out -of -cycle Meter Read for the Purpose of a Self - Selected Switch $ 1.90 Applicable to requests to read Retail Customer's Meter on a date other than Company's regularly scheduled monthly Meter Reading date for the purpose of a switch of a Retail Customer's account to a new Competitive Retailer on a date certain. Company shall perform the Meter Read on the Competitive Retailer's requested date, provided the Company receives the request on a Business Day that is not later than two Business Days prior to the requested date. Notices received after 5:00 PM CPT, or on a day that is not a Business Day, will be considered received on the next Business Day. If the requested date is not a Business Day, the out -of -cycle Meter Read will be scheduled for the first Business Day following the requested date. The meter read shall be performed In accordance with Section 4.3.4, CHANGING OF DESIGNATED COMPETITIVE RETAILER. Meter Read for the Purpose of a Standard Switch $ 0.00 Applicable to requests to read Retail Customer's Meterforthe purpose of switching Retail Customer's account to a new Competitive Retailer when the customer has not requested switching on a date certain. Company shall use on -cycle meter readings obtained during the three business days prior to the first available switch date (FASD) received from the Registration Agent or the four business days beginning with the FASD for customers whose meters were scheduled for on -cycle readings during that time, and shall perform a Meter Reading or Estimated Meter Reading within four business days beginning with the FASD for customers whose meters were not scheduled to be read during that time, The Meter Reading shall be performed in accordance with Section 4.3.4, CHANGING OF DESIGNATED COMPETITIVE RETAILER. Out -of -Cycle Meter Estimation for the Purpose of a Switch due to denial of Access by $ 1.90 Retail Customer Out -of -Cycle Estimate for the Purpose of a Mass Transition $ 0.00 Charges for estimation shall be charged to the eAting Competitive Retailer. Nan Star: ard,IVle #er It }s #aClation Charges SD10 Off -site Meter Reading (OMR) Equipment installation Applicable to installation, upon request, by Retail Customer or Retail Customer's Competitive Retailer, 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. Equipment shall be installed within 30 days of receipt of request. During Normal Business Hours $113.55 SD11 Automated Meter Reading (AMR) Equipment Installation Applicable to installation, upon request, by Retail Customer or Retail Customer's Competitive Retailer, of Companys "Standard Advanced Metering Equlpmenr' designed to transmit information via telephone to a central location. This allows forthe provision of Meter Reading Information on cycle or special reading date withoutvisual contact with the Meter. Equipment shall be installed within 30 days of receipt of request. Single -Phase Self Contained During Normal Business Hours $244.75 Three -Phase Self Contained During Normal Business Hours $305.80 Single -Phase Instrumented Rated During Normal Business Hours $259.35 Three -Phase Instrumented Rated During Normal Business Hours $335.05 117 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Applicable: Entire Certified Service Area Effective Date: July 1, 2011 Sheet: 1 Page 5of6 Revision: Eleven SD12 Interval Data Recorder (IDR) Equipment Installation Applicable to installation, upon request, by Retail Customer or Retail Customer's Competitive Retailer, of Company's "Standard Advanced Metering Equipment' designed to access interval load data via telephone or other mode of transmission agreed to by customer to a central location. Equipment shall be installed within 30 days of receipt of request. During Normal Business Hours As Calculated Service Call Charge SD13 Applicable when Company employee is dispatched to the Retail Customer's Premises at the request of the Retail Customer or Competitive Retailer. to Investigate an outage or other service problem that, upon investigation by Company, Is determined not to be a problem with Company's equipment or system. I. During Business Days, 8:00 AM -5:00 PM CPT $ 10.35 it. Business Days non - Business Hours $ 25.50 € € €. Weekend $145.70 iv. Holiday $162.60 OuAdoor ;Caghttng,Charges , SD14 Security Lighting Repair Applicable to requests, by Retail Customer or Retail Customer's Competitive Retailer, to repair existing Company -owned security lights on Retail Customers Premises unless such repair €s necessary due to normal lamp and glass replacements. If necessary due to normal lamp and glass replacements, repair shall be performed at no charge. Company shall complete repairs within 15 calendar days of the request in accordance with Section 5.4.6, RETAIL CUSTOMER'S DUTY REGARDING COMPANY'S FACILITIES ON RETAIL CUSTOMER'S PREMISES. As Calculated` SD15 Security Light Removal Applicable to requests, by Retail Customer or Retail Customer's Competitive Retaller, to remove Company -owned security lights on the Retail Customers Premises in accordance With Sections 5.7.8, REMOVAL AND RELOCATION OF COMPANYS FACILITIES AND METERS and 5.7.9, DISMANTLING OF COMPANY S FACILITIES. Thischarge shall not apply to removals Initiated by the Company. A Reta €l Customer or a Competitive Retaller on behalf of Retail Customer, shall request removal of outdoor lighting facilities at least 30 days priorto the requested removal date. The removal request shall be completed by Company on requested removal date. If mutually agreed to by Company and the Retail Customer, or the Competitive Retaller on behalf of the Retail Customer, Company may begin the removal of outdoor lighting facilities and complete the removal of outdoor lighting facillbes on a date or dates other than the initially requested removal date. As Calculated' SD16 Street Light Removal Applicable to requests, by Retail Customer or Retail Customers Competltive Retaller, to remove existing Company -owned street lights, in accordance with Sections 5.7.8, REMOVAL AND RELOCATION OF COMPANY'S FACILITIES AND METE RS and 5.7.9, DISMANTLING OF COMPANY'S FACILITIES. A Reta €l Customer or a Competitive Retailer on behalf of Retail Customer, shall request removal of outdoor lighting facilities at least 30 days prior to the requested removal date. The removal request shall be completed by Company on requested removal date. If mutually agreed to by Company and the Retail Customer, or the Competitive Retailer on behalf of the Retail Customer, Company may begin the removal of outdoor lighting facilities and complete the removal of outdoor lighting facilities on a date or dates other than the initially requested removal date. As Calculated" 118 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Applicable: Entire Certified Service Area Effective Date: July 1, 2011 Sheet: 1 Page 6 of 6 Revision: Eleven 5017 Tampering Applicable to unauthorized use of Delivery System pursuant to Section 5.4.7, UNAUTHORIZED USE OF DELIVERY SYSTEM or other Tampering with Company metering facilities or anytheft of electric service by any person on the Retail Customer's Premises. Tampering charges can include, but are not limited to, Delivery Charges, cost of replacement and repair of damaged Meter and associated equipment, cost of installation of protective facilities or relocation of the Meter, and all other costs associated with the Investigation and correction of the unauthorized use. As Calculated SD1$ Broken Meter Sea[ Applicable to breakage of the Meter seal. $ 19.20 Den[al of Access ... ,. SD19 Inaccessible Meter Charge Applicable when Company personnel is unable to gain access to the meter of a non- residential critical load premises as a result of continued denial of Access as provided in Section 4.7.2.1, DENIAL OF ACCESS BY RETAIL CUSTOMER. $ 91.85 These charges are applicable to services that will have widely varying costs depending upon the circumstances and requirements of the work to be done. " These charges are applicable to services provided at locations that are unique and that present special challenges. These challenges vary and as a result, the costs of providing the service may vary widely depending on the required expertise and equipment needed to perform the work. 119 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Pagel of 6 Effective Date: July 1, 2011 Re v i sion: F ive 6.1.2.2 Construction Service Charges 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. nicrmfinnsnv r:harnas fnr r:nnstruction Service include: DD1 Delivery System Facilities Relocation/Removal Study Charge As Calculated Applicable to requests for studies to be performed by Company associated with removal or relocation of Company facilities or Installation of non - standard Company facilities. DD2 Delivery System Facilities Relocation/Removal Charge As Calculated Applicable to requests for relocation or removal of Company 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. DD3 Competitive Meter RemovalAnstallation Service Fee Applicable to request for Company to remove a Company -owned meter and replace It with a 3 party owned meter, at the Retail Customers request. This applies to the reinstallation of a V party owned meter previously removed in association with DD4. A. Self Contained Meter $ 98.00 B. Instrument Rated Meter $168.20 C. IDR Meter $197.45 DD4 Competitive Meter Physical Access Equipment Installation Service Fee Applicable to requests for the installation of an external termination junction box which utilizes the RJ family of connectors to provide physical access to the modem, network, serial and/or digital pulse data interfaces on a competitive meter. A. No Additional Service Call Required (performed during initial meter Installation) $ 29.25 B. Additional Service Call Required (performed after initial meter installation) $ 52.65 DDS Emergency Restoration Service Charge As Calculated Applicable to requests for the provision of emergency restoration service related to customer facilities, which includes transformation and protection equipment, as requested by Retail Customer In accordance with Commission Substantive Rules and Is charged on the basis of an estimate for the job or the Company's cost plus appropriate adders. DD6 Delivery System Facilities Installation Charge As Calculated Applicable to requests made pursuant to Section 6.1.2.2 of this Tariff for Retail Delivery Service for requests Involving the Installation, construction, or extension of Delivery System facilities. For requests made pursuant to Section 6.1.2.2 of this Tariff for Retail Delivery Service for service in an area where Network Service is the existing or planned service, this charge will be based on the cost of the installation, construction, or extension of Network Service. DD7 Additional Service Design Charge As Calculated Applicable to requests to prepare iterative designs to provide service to a specific location where such iterations are at the request of the Retail Customer for the Retail Customer's sole benefit. DDS Temporary Facilities Charge Applicable to requests made in conjunction with short -term construction projects. A. Connect and disconnect service and read a meter already installed. $ 63.55 B. Install and remove single phase service wires and a meter (demand or non- demand) $209.80 and read a meter. C. Install and remove single phase service wires, meter and transformer (up to 50 kVA) on $901.00 existing pole and read a meter. D. All other temporary facilities Installation and removal. As Calculated 120 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 2 of 6 Effective Date: July 1, 2011 Revision: Five 6.1.2.2.1 General: Delivery System 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 minlmlze the cost of such extension. Extension is normally made at no cost to Reta €I 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 requested facilities are greater than the required facilities needed to serve the Retail Customer's load as determined by the Company, 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, the Retail Customer has requested additional facilities above those required to provide service as determined by the Company, or the Retail Customer has requested installation of non - standard facilities. The cost of all facilities, equipment, and services that Company is to provide under Section 6.1.2.2 of this Tariff will constitute the components of the Delivery System facilities necessary to provide Delivery Service to Retail Customer. These costs will be compared to the standard allowance to determine the amount of contribution in aid of construction that will be recovered from the retail customer, if any. 6.1.2.2.1.1 Standard Delivery System Facilities Except In those areas where Network Service is the existing or planned service in use, Company s standard Delivery System facilities consist of the overhead Delivery System facilities necessary to transport Electric Power and Energy from a single, single -phase or three - phase source to Retail Customer at one Point of Delivery, with one standard Company Meter, at one of Company's available standard voltages. In those areas where Network Service is the existing or planned service in use, Company's standard Delivery System facilities consist of the facilities necessary to provide Network Service, 6.1.2.2.1.2 Non - standard Facilities Except In those areas where Network Service is the existing or planned service in use, 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, poles other than wooden poles, or facilities necessary to provide service at a non- standard voltage. Non - standard facilities also include underground facilities except in those locations where Company determines, for engineering or economic reasons, that underground facilities shall constitute standard facilities. In those areas where Network Service is the existing or planned service in use, Network Service is the only Delivery Service available. 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 6.1.2.2.7, NON - STANDARD FACILITY EXTENSIONS. If a municipality requests or requires Company to install non - standard facilities, then the projected additional cost of such non - standard facilities shall be paid by the requesting entity to Company prior to installation of such facilities. Company may, at its option, allow for the payment of the additional costs over a period of time. Company shall replace underground facilities with similar underground facilities except for subsurface transformers, which shall be replaced by surface pad- mounted transformers unless Company determines, based on engineering or economic reasons, that a replacement subsurface transformer Is more appropriate. A Facility Service Agreement or Delivery Service Agreement may be required for the installation of Non - Standard Facilities, 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 Reta €I Customer's expense, any rights -of -way or easements on property owned or controlled by Retail Customer that are necessary for Company to Install Delivery System facilities for the purpose of delivering Electric Power and Energy to the Retail Customer. Such easement will be In a form acceptable to Company, including but not limited to, the form of easement agreements set forth in Section 6.3 of this Tariff. With respect to distribution facilities, Retail Customer shall provide any necessary rights -of -way on property not owned or controlled by Retail Customer. If Retail Customer is unable to secure for Company any necessary rights -of -way or easements on property not owned or controlled by Retail Customer, Retail Customer shall be responsible for the actual costs Incurred by Company In obtaining and clearing such rights -of way or easements. Retail Customer also provides, without cost to Company, Suitable Space for the installation of Delivery System facilities necessary to transport Electric Power and Energy to the Retail Customer and for installation of metering facilities. In those areas where Network Service is the existing or planned service In use, then Retail Customer provides, without cost to Company, the space required for the installation of the facilities required for double contingency underground service. 121 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 3 of 6 Effective Date: July 1, 2011 Revision: Five 6.1.2.2.2 Overhead Delivery Service 6.1.2.2.2.1 Standard Service Drop Except In those areas where Network Service Is the existing or planned service in use, Company provides, installs, and maintains Service Drop to the Point of Delivery approved by Company. Retail Customer provides and installs a point of attachment (such as a bracket, eye bolt, house knob, metal clevis, etc.) with adequate support that is acceptable to Company and meets all applicable codes. 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. Retail Customer shall execute a written easement agreement with Company In a form acceptable to Company, including, but not limited to, the form easement agreements set forth In Section 6.3 of this Tariff. c) Company may extend its conductors to Retail Customers 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 lowering or raising of electrical conductors or associated equipment required by any change in grade Is at the expense of Retail Customer, including necessary grade work. 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 where substantial investments have been made In underground service facilities, such as Network Service, 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. In certain areas of Company's Delivery System, Including but not limited to portions of downtown Dallas, downtown Fort Worth, and downtown Waco, Company provides Network Service from its underground service facilities. In those areas where Network Service Is provided, the standard service is double contingency underground service. 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 -- Secondary Voltage Company furnishes, installs and maintains the Service Lateral connecting Company's Delivery System to Retail Customer's Point of Delivery for permanent residential single phase service. All other service laterals are furnished, installed, maintained, and owned by Retall Customer. 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 installatiort obstructions or should Retall Customers 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(s) 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, operation, and maintenance 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 122 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 4 of 6 Effective Date: ,luly 1, 2011 Revision: Five 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 Companys 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, at its cost, in accordance with Company specifications. If the vault Is located Inside or under Retail Customer's building, Retail Customer provides the necessary Raceway for Companys 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, whether Company or Non - Company owned, are installed and maintained by Company. Meters shall be located outside the building. If the customer requires a meter location other than outside the building and Company approves such location, the customer shall install and own the electric service conductors from a point of delivery outside of the building (either secondary transformer terminals or service enclosure). All Meter transformers and transockets shall be furnished and owned by Company for these purposes. Where Retail Customer requests the installation of a Company Meter other than Companys 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 or Non - Company Owned Meter. In case of a relocation made necessary due to inaccessibility, hazardous location, or dangerous conditions for which Retail Customer is responsible, or in order to prevent a recurrence of unauthorized use of Delivery Service or tampering with equipment, Retail Customer, or Retail Customer's Competitive Retailer may be required to relocate Retail Customer's service faclllties and Company facilities, including the Metering Equipment to a location agreeable to Company at the Retail Customer's expense. 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 for Small Loads Extension of standard facilities to permanent Retail Customers within Companys 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 Companys facilities is not economically justified or Retail Customer requests facilities In excess of those required to provide service as determined by the Company. In those areas where Network Service Is the existing or planned service in use, the extension of Network Service Is made to Retail Customer If Retail Customer complies with the requirements for receiving Network Service described in this Tariff. 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 overhead single phase electric service, 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. W hen 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 Small Loads Except In those areas where Network Service is the existing or planned service in use, 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 Companys existing 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 a specific cost study. 123 Tariff for Retail Delivery Service Oncor Electric Delivery Company L.L.0 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 5 of 6 Effective Date: July 1, 2011 Revision: Five 6.1.2.2.6 Standard Facility Extension: All Other Extensions 6.1.2.2.6.1 Calculation of Contribution in Aid of Construction ( "CIAC ") for All Other Standard Facility Extensions Customer will pay a CIAO amount to Company as determined in the formula below. If the amount calculated below is zero or negative, no CIAO is required. All calculations and component costs used In the determination of the CIAC will be provided to Retail Customer upon request. To the extent that the payment is considered taxable revenue to the Company, It shall include an amount equal to the Companys tax liability. The CIAO shall also include an amount to recover franchise fees where applicable. Retail Customers Requesting Three -Phase Service or Any Service with a Maximum kW Demand Greater Than or Equal to 20 kW CIAO Amount = Direct Cost—Standard Allowance + Company's Tax Liability + Applicable Franchise Fees Direct Cost - The current average cast 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 - Standard Allowance Factor x Maximum kW Demand Standard Allowance Factor - The appropriate factor set forth below for all Retail Customers requesting three -phase service or any service with a Maximum kW Demand greater than or equal to 20 kW, by rate class. Rate Class Standard Allowance Factor Secondary Service Greater Than 10 kW $155 /kW Primary Service Greater Than 10 kW — Distribution Line $ 79 /kW Primary Service Greater Than 10 kW - Substation $ 2 /kW Transmission Service` $ 2 /kW `The Transmission Service Standard Allowance Factor applies only to the cost of providing and installing metering and capacitors on the Delivery System. Maximum kW Demand - 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. 6.1.2.2.6.2 Extensions to Muiti- Family Dwellings Standard allowable expenditure when serving Multi - Family Dwellings is the average estimated system cost to serve Multi - Family Dwellings, on a per unit basis. 6.1.2.2.6.3 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 Retall Customer's request are Included in calculating a CIAC. The Maximum kW Demand amounts used in the CIAO calculation found In the subsection above shall reflect only the additional estimated kW demand directly attributable to the added load. 6.1.2.2.6.4 Unused Standard Allowance Under no circumstance shall any unused standard allowance be paid or credited to the Retail Customer or used to reduce the cost for installation of non - standard Delivery System facilities or non - standard street lighting facilities. 6.1.2.2.7 Non - Standard Facility Delivery System Extensions If Retail Customer desires Delivery System service that involves non- standard facilities as described In Section 6.1.2.2.1.2 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 less the cost of 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 term of the applicable Facility Extension Agreement or Discretionary Service Agreement, or In the absence of a Facility Extension Agreement or Discretionary Service Agreement, on reasonable notice to Retail Customer and the Retail Customer's Competitive Retailer. 124 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 6 of 6 Effective Date: July 1, 2011 Revision: Five 6.1.2.2.8 Temporary Delivery System Facilities 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. 6.1.2.2.9 Removal and Relocation of Company's Facilities Company may remove or relocate Company facilities upon request. If removal or relocation of Company facilities Is In direct conflict with a proposed structure and is associated with a change In Retail Customer's requirements that results In additional revenue to the Company, such removal or relocation costs wlll 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 or 6.1.2.2.6, whichever is applicable. 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, the requesting entity pays the total cost of removing or relocating such facilities. 125 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 3 Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: July 1, 2011 Revisio Fiv 6.1.2.3 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: Charge . No. � - Nam and Description - Amount DD9 Holiday Move -in Charge Applicable to requests to energize Retail Customer's connection to the Delivery System on a holiday. This service is only available at an existing Premise with an existing Meter. It Is not available It inspections and permits, or other construction is required. A. Self Contained Meter $ 36.35 B. Other Connections $178.70 DDiO Out -of -Cycle Meter Reading Charge Applicable to requests to read Retail Customer's Meter outside Normal Business Hours. A. Outside Regular Hours - Non - Holiday $ 3.15 B. Outside Regular Hours — Holiday $ 26.90 DD11 PCB Inquiry and Testing Charge Applicable to requests for information pertaining to PCB levels and testing of Company - owned, mineral oil-filled electrical equipment, A. Initial Charge, includes up to four transformers or other oil- filled electrical equipment at a $170.30 specific location B. Additional Charge, for each additional transformer or other oil - filled electrical equipment at $ 28.45 a specific site C. Lab Testing Charge, if required As Calculated DD12 Priority Move -In (New Premise) Charge Applicable to requests to energize Retail Customer's connection to the Delivery System for the first time (New Premise) and such connection is made outside of Normal Business Hours. A. Self Contained Meter $147.85 B. Other Connections As Calculated DD13 Unmetered Facilities Connection/Disconnection Applicable to request to energize /de- energize service to unmetered points of delivery. A. Connection charge for the first device on a specific circuit $ 40.40 B. Connection charge for each additional device on that specific circuit $ 6.20 C. Disconnection charge for the first device on a specific circuit $ 35.55 D. Disconnection charge for each additional device on that specific circuit $ 6.20 126 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 3 Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: July 1, 2011 Revision: Fiv DD14 Off -Site Meter Reading (OMR) Equipment Installation— Outside Normal Business Hours Charge Applicable to requests for Company's standard OMS equipment designed to transmit information via radio frequency to a hand -held meter reading device carried by a meter reader. This allows for the provision of a meter reading without visual contact with the meter. The Company maintains ownership of this equipment. This service Is limited to self - contained single phase meters. A. Outside Regular Hours — Non - Holiday $174.40 B. Outside Regular Hours — Holiday $206.50 DD15 Denial of Access Disconnection/Reconnection Charge Applicable each time Retail Customer is disconnected for Denial of Access and each time the Retail Customer is reconnected after Company and Retail Customer have made arrangements for access to Company facilities. A. Disconnection $ 35.55 B. Reconnection $ 40.40 DD16 Meter Investigation Charge $ 17.00 Applicable to requests for investigation of a damaged meter when determined by Company no damage exists. In the case of actual meter damage, no charge will be assessed. DD17 Meter Non - Standard Programming Service Fee Applicable to requests to install non - standard meter programs on Meter. A. Programming Prior to Installation $ 24.25 B. Field Programming on Previously Installed Meter $ 58.50 DD1 B Meter Communication Service Fee $114.70 Applicable to testing of 3i party communication equipment necessary to obtain interval data from Meter. This charge is assessed to Retail Customers that have interval data recorder meters that are not required by ERGOT. DD19 Electrical Pulse Equipment Instal lation/Replacement Charge Applicable to requests for the installation/replacement of electrical pulse device equipment. A. Installation Charge $542.60 B. Replacement Charges $276.40 1. Isolation relay $113.45 2. Pulse initiator $331.35 3. Isolation relay & pulse Initiator $153.75 4. Enclosure box DD20 Electrical Pulse Equipment Maintenance Charge $ 10.00 Applicable to requests forthe maintenance of electrical pulse devices. This is an optional service that covers repaidreplacement 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 Customer Premise Information Research Service Charge As Calculated Applicable to requests for or identification of, previously provided data related to Retail Customer. DD22 Power Factor Correction Equipment Installation Charge As Calculated Applicable to requests for the installation of the equipment on Company's Delivery System necessary to correct the Retail Customers power factor to the level specified in the Tariff. The Retail Customer will be given the opportunity to correct problem on Retail Customer's premises prior to Company taldng this action. Failure of Retail Customer to correct Its power factor problem constitutes a request for Company to install the necessary equipment as described above. DD23 Non - Standard Service Equipment Inspectionflresting Charge $ 82.50 Applicable to periodic inspection/testing of non - standard Delivery System equipment installed at the request of the Retail Customer. This charge is applied each month. DD24 Inadvertent Gain Charge $ 21.90 Applicable to Retail Electric Providers that have selected an incorrect premise from the ERGOT portal for a switch or move -In and Company is required to correct the Inadvertent gain. 127 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 3 Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: July 1, 2011 Re Fi DD25 Retail Delivery Service Switchover Charge Applicable to request to switch electric service of a consuming facility from Company to another utility that has the right to serve the consuming facility. Switchovers shall be handled pursuant to Substantive Rule §25.27, a copy of which will be provided upon request. Self Contained A. Base Charge $538.55 B. Base Charge Adder $156.85 Instrument Rated C. Base Charge $797.55 D. Base Charge Adder $343.40 E. Facilities Recovery Charge As Calculated DD26 Miscellaneous Discretionary Service Charge As Calculated Applicable to requests for discretionary services not covered by the standard conditions above and are provided in accordance with Commission Substantive Rules and are charged on the basis of an estimate for the work or the Companys cost plus appropriate adders, DD27 Street Light Painting Service Charge As Calculated Applicable to requests to paint Company -owned street light poles and fixtures. DD28 Street Light and Other Pole Straightening Service Charge As Calculated Applicable to requests to straighten Company -owned street light poles and other Company -owned poles. DD29 Street Light Patrolling Service Charge As Calculated Applicable to requests from a govemmental entity for Company to provide additional street light patrolling within a specific geographic area. DD30 Street Light Numbering Service Charge As Calculated Applicable to requests from a governmental entity for Company to number Company -owned lighting facilities. DD31 Street Light Circuit Bulb and Photocell Replacement Service Charge As Calculated Applicable to requests from a govem mental entity for bulb and photocell replacement of an entire street light circuit on a predetermined schedule. DD32 Advanced Metering Pre -pay Customer Connect/Disconnect Charge Is made for $ 0.00 disconnection or reconnection of a pre -pay Retail Customers distribution service at a premise where a provisioned AMS meter with remote d €sconnect/reconnect capability is installed and when the Competitive Retailer uses Oncors prescribed process for disconnection /reconnection for a pre -paid customer with a provisioned AMS meter. DD33 Advanced Metering Time of Use Programming Charge is made for requests to program a $ 0.00 provisioned AMS meter to collect metered data in the manner necessary to bill under time of use profiles existing on August 8, 2008. DD34 Evaluation of Retail Electric Provider Requests for Non - Standard Advanced Meters, As Calculated Additional Metering Technology, or Advanced Features not Specifically Offered by Company Applicable to requests in accordance with Subst. Rule §25.130(g)(2)(C) for a study evaluating the costs of providing non - standard advanced meters, additional metering technology, or advanced features not specifically offered by Company. DD35 Cost Differential for Non - Standard Advanced Meters or Features Pursuant to Requests As Calculated Received Pursuant to DD34 Applicable to requests In accordance with Subst. Rule §25.130(g)(2)(A) and (B) for the differential costs of providing non - standard advanced meters, additional metering technology, or advanced features not specifically offered by Company that are in excess of the Company's standard advanced meters and features 128 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: July 1, 2011 Revision: Three 6,1,2.4 Distributed Generation DD36 Distributed Generation Pre - interconnection Study Fee Applicable to requests for studies that may be required and conducted by Company for the interconnection of distributed generation on the Company's delivery system. NON - EXPORTING A.0to10kW 1. Pre - certified, not on network $ 0.00 2. Not pre - certified, not on network $ 196.55 3. Pre - certified, on network $ 181.50 4. Not pre - certified on network $ 302.50 B. 10+ to 500 kW 1. Pre - certified, not on network $ 166.40 *" 2. Not pre- certified, not on network $ 287.40 3. Pre - certified, on network $ 862.15 4. Not pre - certified on network $1,573.00 C. 500+ to 2000 kW 1. Pre - certified, not on network $ 468.90 2. Not pre - certified, not on network $ 589.90 3. Pre - certified, on network $2,329.25 4. Not pre - certified on network $2,329.25 D. 2000+ kW 1. Pre - certified, not on network $ 786.50 2. Not pre - certified, not on network $ 907.50 3. Pre - certified, on network $2,737,65 4. Not pre - certified on network $3,327,50 EXPORTING A. 0 to 10 kW 1. Pre - certified, not on network $ . 0.00 2. Not pre - certified, not on network $ 196.65 3. Pre - certified, on network $ 181.50 4.. Not pre - certified on network $ 302.50 B. 10+ to 500 kW 1. Pre - certified, not on network $ 166.40 " 2. Not pre- certifled, not on network $ 287.40 S. Pre - certified, on network $1,179.75 4. Not pre - certified on network $1,724.25 C. 500+ to 2000 kW 1. Pre - certified, not on network $ 468.90 2. Not pre - certified, not on network $ 569.90 3. Pre - certified, on network $3,009.90 4. Not pre - certified on network $3,130.90 D. 2000+ kW 1. Pre - certified, not on network $ 786.50 2. Not pre - certified, not on network $ 907.50 3. Pre - certified, on network $3,327.50 4. Not pre- certifled on network $3,448.50 * 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 current. DD37 Distributed Renewable Generation Metering As Calculated Applicable to installation, upon request pursuant to Substantive Rule § 25.213(b), by Retail Customer or Retail Customer's Competitive Retailer, of metering equipment that separately measures both the Customer's consumption from the distribution network and the out -flow that is delivered from the Customers side of the Meter to the distribution network . Equipment shall be installed within 30 days of receipt of request. 129 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific Rules & Regulations Sheet: 1 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: July 1, 2011 Revision: Three 6.2 Company - Specific Terms and Conditions 6.2.1 Definitions The following terms, when used in this Tariff for Reta €I Delivery Service, have the following definitions. 4CP. The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the months of June, July, August and September of the previous calendar year. The Retail Customer's average 4CP demand will be updated effective on January 1 of each calendar year and remain fixed throughout the calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed at the applicable NCP rate under the `Transmission System Charge" using the Retail Customer's NCP kW. CONNECTED LOAD. The combined electrical requirement (i.e., the sum of the capacities and/or ratings) of all motors and other electric power consuming devices installed on the Retail Customer's Premises. CONTRIBUTION IN AID OF CONSTRUCTION (CIAC). Payment by Customer to Company for facilities extensions, upgrades, or expansions In excess of allowable expenditures, or for nonstandard service facilities, removals or relocations. To the extent that the payment Is considered taxable revenue to the Company, it shall include an amount equal to the Company's tax liability. The payment shall also include an amount to recover franchise fees where applicable. DEMAND INTERVAL. The specified interval of time on which a demand measurement is based. The Company demand interval is normally 15 minutes. DWELLING UNIT. An Individually metered private residence or Individually metered apartment containing kitchen and bathroom facilities. ENERGY. The measure of how much electric power Is provided overtime for doing work. The electrical unit is the watt-hour, or kilowatt-hour. INDIVIDUAL PRIVATE DWELLING. A fixed, permanent residential structure. This term includes a mobile home. This term does not include self - propelled and non -self propelled recreational vehicles that have no foundation other than wheels, jacks, or skirtings. MULTI - FAMILY DWELLING. A building or buildings containing three or more dwelling units all of which are rented primarily for nontransient use, with rent paid at intervals of one week or longer. Multi - Family Dwelling includes residential condominiums, whether rented or owner occupied. METERING EQUIPMENT. Required auxillary equipment that Is owned by Company and used with the Billing Meter to accurately measure the amount of Electric Power and Energy delivered. METER SOCKET. A receptacle of weatherproof construction used for mounting a socket -type meter. NCP. The NCP kW applicable under the Monthly Rate section shall be the kW supplied during the 15 minute period of maximum use during the billing month. NETWORK SERVICE. A unique type of electrical service derived through one or more connections to an electrical bus or grid established by paralleling three or more pri mary and or secondary network circuits, providing an additional level of reliability due to the double contingency nature of the service. Electrical power networks must be designed and configured for that purpose and must be operated and maintained utilizing special methods. Company determines where Network Service will be provided, and Network Service Is only available in limited areas. POWER. The rate at which electric energy Is provided for doing work. The electrical unit of power is the watt, or kilowatt. RACEWAY. Tubular or rectangular channel or conduit for containing electrical conductors, which may be exposed, buried beneath the surface of the earth, or encased in a building or structure. SERVICE DROP. Overhead conductors that extend from Company's overhead Delivery System to the Point of Delivery where connection is made to Retail Customer's electrical installation. SERVICE ENTRANCE CONDUCTORS. Conductors provided by Retail Customer extending from Retail Customer's electrical equipment to the point of delivery where connection is made. SERVICE ENTRANCE ENCLOSURE. A connection enclosure used for the purpose of connecting the Service Lateral to Retail Customer's electrical installation. SERVICE LATERAL. Conductors, usually underground but sometimes in raceway above ground, that extend from Company's Delivery System to the Point of Delivery or from Retall Customer's electrical installation to the Point of Delivery. SUITABLE SPACE. The required amount of cleared space and access, after vegetation and other obstructions have been removed, in order to Install, operate, and maintain Company facilities. 130 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific Rules & Regulations Sheet: 1 Applicable: Entire Certified Service Area Page 2 of 2 Effective Cate: July 1, 2011 Revision: Three TEMPORARY DELIVERY SERVICE. Delivery Service provided to Retail Customer for a single, continuous period of time which is less than twelve consecutive months except that Delivery Service in connection with the delivery of construction power, even though provided for a continuous period of time in excess of twelve months, is considered to be temporary Delivery Service. WATT. The rate at which electric power is provided to do work. One watt is the power represented by current having a component of one ampere In phase with and under a pressure of one volt. WATT -HOUR. A unit of work or energy equivalent to the power of one watt operating for an hour. 131 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific Rules & Regulations Sheet: 2 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: September 17, 2009 Revision: One 6.2.2 Standard Voltages Company provides Delivery Service at Company's standard voltages In accordance with Companys Facilities Extension Policy, and not all standard voltages are available at every location. If Retail Customer requests a voltage that Is non - standard or not available for a specific load or location, such voltage may be provided by Company at the expense of the requesting party, Single Phase Three Phase 120 120/208 1201240 120/240 (overhead only) 240 240 2401480 2401480 (overhead only) 2771480 480 480 2400 2400 2400/4160 4160 7200 7200/12470 7620 7620/13200 12470 (overhead only) 12470 12470121600 13200 14400 19920 (overhead only) 14400124940 19920/34500 34500 69000 138000 345000 Retail Customer should obtain from Company the phase and voltage of the service available before committing to the purchase of motors or other equipment. Secondary voltage Is any one of the Company's standard service voltages at which Retail Customer takes Delivery of Electric Power and Energy after two or more Company transformations (other than by use of autotransformers) from a transmission voltage. Primary voltage is any one of the Companys standard service voltages at which Retail Customer takes Delivery of Electric Power and Energy after one Company transformation (other than by use of autotransformers) from a transmission voltage. Transmission voltage is any one of the Companys standard voltages in excess of 60,000 volts at which Retail Customer takes Delivery of Electric Power and Energy. 132 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific pules & Regulations Sheet: 3 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: July 1, 2011 _ Revision: Four 6.2.3 Additional Delivery Service Information 6.2.3.1 Method of Providing Delivery Service 6.2.3.1.1 Multi - Family Dwellings Company provides Delivery Service through an Individual Meter to each Dwelling Unit or through one Meter at each Point of Delivery for any number of Dwelling Units in the same Multi - Family Dwelling . Where Delivery Service Is provided using individual metering for each Dwelling Unit, Retail Customer shall provide and identify Meter Sockets In a manner and at locations suitable to Company. 6.2.3.1.2 Non - Residential Multi- Tenant Buildings Company provides Delivery Service through an individual Meter to each individual tenant space or through one Meter at each Paint of Delivery for any number of individual tenant spaces in the same multi - tenant building. Retail Customer shall provide a means, acceptable to Company, to electrically disconnect each individual tenant space and provide and identify Meter Sockets In a manner and at locations suitable to Company. 6.2.3.1.3 Mixed Use Facilities For a location that contains Multi - Family Dwellings and non-residential tenants, Company provides Delivery Service to each Muitl- Family Dwelling pursuant to Section 6.2.3.1.1 and provides Delivery Service to non - residential tenants pursuant to Section 6.2.3.1.2. 6.2.3.1.4 Mobile Homes Company provides Delivery Service through an individual Meter for individual mobile homes. For a mobile home park, Retail Customer shall group and Identify Meter Sockets for individual mobile homes in a manner and at locations suitable to Company. 6.2.3.1.5 Delivery Service Provided Through Facilities Owned by Others Company has the option to provide Delivery Service to anew Retail Customer through Delivery System facilities owned by an existing Retail Customer, with the consent of the existing Retail Customer. In such cases, the metered electrical usage registered on the existing Meter is reduced by an appropriate amount to recognize the metered electrical usage of the new Retail Customer. Under this method of service, the new Retall Customer, the existing Retail Customer and Company shall complete a Subtract Meter Agreement setting forth the responsibilities of each party. 6.2.3.2 Measurement Adjustment If Company meters service on the low side of Retail Customer's transformers for service taken at primary or transmission voltage, the following adjustments are made to kWh/kW and power factor measurements in accordance with Section 4.7.1, MEASUREMENTS, unless indicated otherwise in the applicable rate schedule. Notwithstanding the previous paragraph, for a Retail Customer receiving service at transmission voltage and metered by Company on the low side of the Retail Customer's transformer, Company will apply a separate transformer- specific adjustment factor for kW/kWh and power factor provided by Retail Customer, verified by a qualified third -party and approved by Company. Primary Distribution Voltage Transmission Voltage Billing Based on kW Billing based on kWh Under 50 kW 50 kW and Over 2.0% added to measured kW and kWh 1.0% added to measured kW and kWh 2.0 %, added to measured kWh 0.5% added to measured kW and kWh If Company, for reasons of economics or safety, chooses to meter on the high side of the Company -owned transformer, the adjustment factors above shall be used to decrease the kWh and kW. For all customers metered on the high side of the Company -owned transformer, Company will increase the Customer's metered power factor by 3 %. In addition, Company may, at its option, install a meter capable of performing transformer loss compensation in lieu of the provisions above. For all customers metered on the low side of the Retail Customer's transformer, Company will subtract 3% from the Customers metered power factor. 6.2.3.3 Attachments to Company's Facilities Company does not permit any attachments (such as wires, ropes, signs, banners, or radio equipment) to Company facilities by others except when authorized in writing by Company. Company may without notice and without liability remove unauthorized attachments to Company facilities. 133 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific Rules & Regulations Sheet: 4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: September 17, 2009 Revision: Two 6.2.4 Additional Discretionary Service Information 6.2.4.1 Responsibilities for Discretionary Services In connection with the Delivery of Electric Power and Energy to a Competitive Retailer's Retail Customers, the Competitive Retailer or Retail Customer, as applicable, shall pay for Discretionary Services provided to a particular Point of Delivery pursuant to Section 4.4, BILLING AND REMITTANCE. The following Discretionary Services may require a separate service agreement between Company and Competitive Retailer or between Company and Retail Customer prior to the provision of service: DISCRETIONARY SERVICE CHARGE APPLICABLE SERVICE AGREEMENT SD4 Customer Requested Clearance Discretionary Service Agreement DD1 Delivery System Facilities Relocation/Removal Study Discretionary Service Agreement DD2 Delivery System Facilities Relocation/Removal Dlscretlonary Service Agreement DD3 Competitive Meter RemovalAnstallation Service Agreement for Meter Ownership and/or Access DD4 Competitive Meter Physical Access Equipment Installation Service Discretionary Service Agreement DD6 Delivery System Facilities Installation Facility Extension Agreement DD7 Additional Service Design Discretionary Service Agreement DD8 Temporary Facilities Facility Extension Agreement or Discretionary Service Agreement DD11 PCB Inquiry and Testing Discretionary Service Agreement DD17 Meter Non - Standard Programming Service Discretionary Service Agreement DD1 B Meter Communication Service Discretionary Service Agreement DD19 Electrical Pulse Equipment Installation /Replacement Agreement and Terms and Conditions for Pulse Metering Equipment Installation DD20 Electrical Pulse Equipment Maintenance Agreement and Terms and Conditions for Pulse Metering Equipment Installation DD27 Street Light Painting Service Discretionary Service Agreement DD28 Street Light and Other Pole Straightening Service Discretionary Service Agreement DD29 Street Light Patrolling Service Discretionary Service Agreement DD30 Street Light Numbering Service Discretionary Service Agreement DD31 Street Light Circuit Bulb and Photocell Replacement Service Discretionary Service Agreement 6.2.4.2 Invoicing and Payment for Discretionary Services Charges for the Discretionary Services outlined above will be invoiced by Company in the manner specified in the applicable service agreement. Unless alternative arrangements are made, payment in full must be received by Company prior to the provision of the requested service. 134 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 1 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Two 6.3 Agreements and Forms 6.3.1 Facilities Extension Agreement Project Number WR Number Region /District This Agreement is made between hereinafter called "Customer" and , a Delaware limited liability company, hereinafter called "Company' for the extension of Company Delivery System facilities, as hereinafter described, to the following location The Company has received a request for the extension of: (check all that apply) © STANDARD DELIVERY SYSTEM FACILITIES TO NON - RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve Customer's estimated maximum demand requirement of kW ( "Contract kW "). The Delivery System facilities installed hereunder will be of the character commonly described as volt, phase, at 60 hertz, with reasonable variation to be allowed. © STANDARD DELIVERY SYSTEM FACILITIES To RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve: All - electric residential lot(s)lapartment units, or INumberar loldunlls) Electric and gas residential lots) /apartment units. (Number d Iebsfunits) The Delivery System facilities installed hereunder will be of the character commonly described volt, phase, at 60 hertz, with reasonable variation to be allowed. © NON- STANDARD DELIVERYSYSTEM FACILITIES Company shall extend /install the following non - standard facilities: ARTICLE 1- PAYMENT BY CUSTOMER At the time of acceptance of this Agreement by Customer, Customer will pay to Company Dollars ($ ) as payment for the Customer's portion of the cost of the extension of Company facilities, in accordance with Company's Facilities Extension Policy, such payment to be and remain the property of the Company. ARTICLE 11 - NON - UTILIZATION CLAUSE FOR STANDARD DELIVERY SYSTEM FACILITIES This Article II applies only to the installation of standard Delivery System facilities. a. The amount of Contribution in Aid of Construction ( "CIAC ") to be paid by Customer under Article I above Is calculated based on the estimated data (i.e., Contract kW or number and type of lots/units) supplied by Customer and specified above. Company will conduct a review of the actual load or number and type of lotsfunits at the designated location to determine the accuracy of the estimated data supplied by Customer. If, within four (4) years after Company completes the extension of Delivery System facilities, the estimated load as measured by actual maximum kW billing demand at said location has not materialized or the estimated number and type of dwelling unitsflots at said location have not been substantially completed, Company will re- calculate the CIAC based on actual maximum kW billing demand realized or the number and type of substantially completed dwelling units/lots. For purposes of this Agreement, a dwelling unittlot shall be deemed substantially completed upon the installation of a meter. The installation of a meter in connection with Temporary Delivery Service does not constitute substantial completion. b. Customer will pay to Company a "non- utilization charge" in an amount equal to the difference between the re- calculated CIAC amount and the amount paid by Customer under Article I, above. Company's invoice to Customer for such "non- utilization charge" is due and payable within fifteen (15) days after the date of the invoice. 135 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 9 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Two ARTICLE III -TITLE AND OWNERSHIP Company at all times shall have title to and complete ownership and control over the Delivery System facilities extended under this Agreement. ARTICLE IV - GENERAL CONDITIONS Delivery service is not provided under this Agreement. However, Customer understands that, as a result of the installation provided for in this Agreement, the Delivery of Electric Power and Energy by Company to the specified location will be provided in accordance with Rate Schedule , which may from time to be amended or succeeded. This Agreement supersedes all previous agreements or representations, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and Is not binding upon Company unless and until signed by one of its duly authorized representatives. ARTICLE V - OTHER SPECIAL CONDITIONS ACCEPTED BY COMPANY: ACCEPTED BY CUSTOMER: Signature Title Date Signed Signature TItl e Date Signed 136 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 2 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.2 Transmission /Substation Facility Extension Agreement This Agreement is made between , hereinafter called "Customer" and , hereinafter called "Company" for the extension of Company Delivery System transmission(s u bstation facilities, as hereinafter described. As used herein, the term "extension" shall mean the construction of new facilities or modification of existing facilities. Customer has requested that Company construct the following Company -owned Delivery System facilities: ( "Company Facilities ") to serve the following Customer -owned facilities located at ( "Customer Facilities "): ARTICLE I - PAYMENT BY CUSTOMER 1. As payment for Customer's portion of the cost of the extension of the Company Facilities in accordance with this Agreement, Customer will pay to Company the amount(s) shown below, such payment(s) to be and remain the property of the Company. 2. If the Customer Facilities have not achieved the level of operation specified below by the date specified below, then Customer shall pay to Company those costs as described below to compensate Company for costs it has Incurred associated with the Company Facilities. The following will also address any security required associated with such payment obligation. 3. Upon termination pursuant to the provisions of Article I II, Paragraph 2 below, Customer shall pay to Company all of: (a) the costs that Company has incurred prior to the date of termination for engineering, procuring equipment and materials, construction, and any other costs related to the Company Facilities; (b) the costs that Company has committed to incur prior to the date of termination that it is unable to avoid using commercially reasonable steps; and (c) such costs incurred by Company after the date of termination to return the Delivery System to a condition consistent with Company's construction standards and Company's Tariff for Retail Delivery Service. Any cost obligations incurred by Customer under this paragraph will be reduced by any payments made by Customer under Paragraph 1 above. The provisions of this paragraph shall survive termination of this Agreement. 4. In calculating the costs Company has incurred (or committed to be incurred), such costs shall include the normal loadings Company applies to construction projects of this nature and shall be increased by an adder to cover the effects of a Customer payment on the Company's tax liability and shall include an amount to recover franchise fees where applicable. ARTICLE It - TITLE AND OWNERSHIP Company at all times shall have title to and complete ownership and control over the Company Facilities extended under this Agreement. ARTICLE III - TERM AND TERMINATION 1. This Agreement becomes effective on the date of execution by both parties and may be executed in two or more counterparts, each of which is deemed an original, but all constitute one and the same instrument. 2. Customer may terminate this Agreement at any time prior to completion of the Company Facilities by providing Company with seven (7) days advanced written notice. ARTICLE IV - GENERAL CONDITIONS 1. Customer understands that, as a result of the installation provided for in this Agreement, the Delivery of Electric Power and Energy by Company to the specified location will be provided in accordance with Rate Schedule , which may from time to time be amended or succeeded. 2. This Agreement supersedes all previous agreements or representations, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives. S. The services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ( "PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ( "Company's Retail Delivery 137 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet 2 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Original 4. Tariff"). Company's Retail Delivery Tariff is part of this Agreement to the same extent as it fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 5. This Agreement may be amended only upon mutual agreement of the parties, which amendment will not be effective until reduced to writing and executed by the parties. Changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 6. The failure of a party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the parties. 7. Customer may not assign the Agreement without Company's prior written consent. 8. This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. ARTICLE V - OTHER SPECIAL CONDITIONS ACCEPTED BY COMPANY: ACCEPTED BY CUSTOMER: Signature Name Title Date Signed Signature Name Title Date Signed 138 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 3 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: July 1, 2011 Revision: Two 6.3.3 Application for Interconnection and Parallel Operation of Distributed Generation with the Utility System Return Completed Application to: Oncor Electric Delivery Company LLC Attention: Distributed Resource Specialist 1616 Woodall Rodgers Fwy Dallas, TX 75202 -1234 Customers Name: Mailing Address: Contact Person: Telephone Number and email address:. Service Point Address: Information Prepared and Submitted By; (Name and Address) Signature The following information shall be supplied by the Customer or Customer's designated representative. All applicable items must be accurately completed in order that the Customers generating facilities may be effectively evaluated by Company for interconnection with the utility system. GENERATOR Number of Units: Manufacturer. Type (Synchronous, Induction, or Inverter): Fuel Source Type (Solar, Natural Gas, Wind, etc.): Kilowatt Rating (95 F at location) Kilovolt- Ampere Rating (95 F at location): Power Factor: Voltage Rating: Ampere Rating: Number of Phases: Frequency: Do you plan to export power: Yes No If Yes, maximum amount expected: Pre - Certification Label or Type Number Expected Energizing and Start -up Date: Normal Operation of Interconnection: (examples:, provide power to meet base load, demand management, standby, back -up, other (please describe)) One -line diagram attached: Yas Has the generator Manufacturer supplied its dynamic modeling values to the Host Utility? Yes [Note: Requires a Yes for complete application. For Pre - Certified Equipment answer is Yes.] 139 Tariff for Retail Delivery Service Oncor Electric Delivery Company I_I_C 6.3 Agreements and Forms Sheet: 3 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: July 1, 2011 Revision: Two Layout sketch showing lockable, "visible" disconnect device: Yes Authorized Release of Information List By signing this Application in the space provided below, Customer authorizes Oncor to release Customer's proprietary information to the following persons: Name Phone Number E -Mail Address Owner 1 Customer Project Manager Electrical Contractor Consultant If Customer does not sign this Application, then Customer must authorize Oncor to release Customer's proprietary information to consultant or contractor. For residential Customers, that authorization may be provided in an e-mail communication or in hard copy. For commercial Customers, that authorization must be made on the Customer's business letterhead. [CUSTOMER NAME] BY: TITLE: DATE: 140 Tariff for Retail Delivery Service Oncor irlectric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 1 of 5 Effective Date: September 17, 2009 Revision: Original 6.3.4 Agreement for Interconnection and Parallel Operation of Distributed Generation This Interconnection Agreement ( "Agreement") is made and entered Into this day of , 20_, by {°Company"), and ( "Customer"), a (specify whether corporation, and if so name state, municipal corporation, cooperative corporation, or other], each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties ". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Scope of Agreement -- This Agreement is applicable to conditions under which the Company and the Customer agree that one or more generating facility or facilities of ten MW or less to be interconnected at 60 kV or less ( "Facility or Facilities ") may be Interconnected to the Company's utility system, as described in Exhibit A. 2. Establishment of Point(s) of Interconnection -- Company and Customer agree to interconnect their Facility or Facilities at the locations specified in this Agreement, in accordance with Public Utility Commission of Texas Substantive Rules § 25.211 relating to Interconnection of Distributed Generation and § 25.212 relating to Technical requirements for Interconnection and Parallel Operation of On -Site Distributed Generation, (16 Texas Administrative Code §25.211 and §25.212) (the "Rules ") or any successor rule addressing distributed generation and as described in the attached Exhibit A (the "Point(s) of Interconnection "). 3. Responsibilities of Company and Customer -- Each Party will, at its own cost and expense, operate, maintain, repair, and inspect, and shall be fully responsible for, Facility or Facilities which it now or hereafter may own unless otherwise specified on Exhibit A. Customer shall conduct operations of its facility(s) in compliance with all aspects of the Rules, and Company shall conduct operations on its utility system in compliance with all aspects of the Rules, or as further described and mutually agreed to in the applicable Facility Schedule. Maintenance of Facilities or interconnection facilities shall be performed in accordance with the applicable manufacturer's recommended maintenance schedule. The Parties agree to cause their Facilities or systems to be constructed in accordance with specifications equal to or greater than those provided by the National Electrical Safety Code, approved by the American National Standards Institute, in effect at the time of construction. Each Party covenants and agrees to design, install, maintain, and operate, or cause the design, installation, maintenance, and operation of, its distribution system and related Facilities and Units so as to reasonably minimize the likelihood of a disturbance, originating in the system of one Party, affecting or impairing the system of the other Party, or other systems with which a Party is interconnected. Company will notify Customer if there is evidence that the Facility operation causes disruption or deterioration of service to other customers served from the same grid or if the Facility operation causes damage to Company's system. Customer will notify Company of any emergency or hazardous condition or occurrence with the Customers Unit(s) which could affect safe operation of the system. 4. Limitation of Liability and Indemnification a. Notwithstanding any other provision in this Agreement, with respect to Company's provision of electric service to Customer, Company's liability to Customer shall be limited as set forth in Section 5.2.1 of Company's PUC- approved tariffs and terms and conditions for distribution service, which is incorporated herein by reference. b. Neither Company nor Customer shall be liable to the other for damages for any act that is beyond such party's control, including any event that is a result of an act of God, labor disturbance, act of the public enemy, war, insurrection, riot fire, storm or flood, explosion, breakage or accident to machinery or equipment, a curtailment, order, or regulation or restriction imposed by governmental, military, or lawfulty established civilian authorities, or by the making of necessary repairs upon the property or equipment of either party. Notwithstanding Paragraph 4.b of this Agreement, Company shall assume all liability for and shall indemnify Customer for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Company's negligence in connection with the design, construction, or operation of its facilities as described on Exhibit A; provided, however, that Company shall have no obligation to indemnify Customer for claims brought by claimants who cannot recover directly from Company. Such indemnity shall include, but is not limited to, financial responsibility for. (a) Customer's monetary losses, (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Customer; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. in no event shall Company be liable for consequenflai, special, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Company does not assume liability for any costs for damages arising from the disruption of the business of the Customer or for the Customer's costs and expenses of prosecuting or defending an action or claim against the Company. This paragraph does not create a liability on the part of the Company to the Customer or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing. 141 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 2 of 5 Effective Date: September 17, 2009 Revision: Original Notwithstanding Paragraph 4.b of this Agreement, Customer shall assume all liability for and shall indemnify Company for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Customer's negligence in connection with the design, construction or operation of its facilities as described on Exhibit A; provided, however, that Customer shall have no obligation to indemnity Company for claims brought by claimants who cannot recover directly from Customer. Such indemnity shall include, but is not limited to, financial responsibility for. (a) Company's monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Company, (e) damages to the property of a third person; (t) damages for the disruption of the business of a third person. In no event shall Customer be liable for consequential, special, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Customer does not assume liability for any costs for damages arising from the disruption of the business of the Company or for the Company's costs and expenses of prosecuting or defending an action or claim against the Customer. This paragraph does not create a liability on the part of the Customer to the Company or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing. Company and Customer shall each be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point of delivery. The Company does not assume any duty of inspecting the Customer's lines, wires, switches, or other equipment and will not be responsible therefor. Customer assumes all responsibility for the electric service supplied hereunder and the facilities used in connection therewith at or beyond the point of delivery, the point of delivery being the point where the electric energy first leaves the wire or facilities provided and owned by Company and enters the wire or facilities provided by Customer. f, For the mutual protection of the Customer and the Company, only with Company prior authorization are the connections between the Company's service wires and the Customer's service entrance conductors to be energized. 5. Right of Access, Equipment Installation, Removal & inspection— Upon reasonable notice, the Company may send a qualified person to the premises of the Customer at or immediately before the time the Facility first produces energy to inspect the interconnection, and observe the Facility's commissioning (Including any testing), startup, and operation for a period of up to no more than three days after initial startup of the unit. Following the initial inspection process described above, at reasonable hours, and upon reasonable notice, or at any time without notice in the event of an emergency or hazardous condition, Company shall have access to Customer's premises for any reasonable purpose in connection with the performance of the obligations imposed on it by this Agreement or if necessary to meet its legal obligation to provide service to its customers. 6. Disconnection of Unit — Customer retains the option to disconnect from Company's utility system. Customer will notify the Company of its intent to disconnect by giving the Company at least thirty days' prior written notice. Such disconnection shall not be a termination of the agreement unless Customer exercises rights under Section 7. Customer shall disconnect Facility from Company's system upon the effective date of any termination under Section 7. Subject to Commission Rule, for routine maintenance and repairs on Company's utility system, Company shall provide Customer with seven business days' notice of service interruption. Company shall have the right to suspend service In cases where continuance of service to Customer will endanger persons or property. During the forced outage of the Company's utility system serving customer, Company shall have the right to suspend service to effect immediate repairs on Company's utility system, but the Company shall use Its best efforts to provide the Customer with reasonable prior notice. 7. Effective Term and Termination Rights -- This Agreement becomes effective when executed by both parties and shall continue in effect until terminated. The agreement may be terminated for the following reasons: (a) Customer may terminate this Agreement at any time, by giving the Company sixty days' written notice; (b) Company may terminate upon failure by the Customer to generate energy from the Facility in parallel with the Company's system within twelve months after completion of the interconnection; (c) either party may terminate by giving the other party at least sixty days prior written notice that the other Party is in default of any of the material terms and conditions of the Agreement, so long as the notice specifies the basis for termination and there is reasonable opportunity to cure the default; or (d) Company may terminate by giving Customer at least sixty days notice in the event that there is a material change in an applicable rule or statute. 8. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to, and the parties' obligations hereunder include, operating in full compliance with all valid, applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, orders of, and tariffs approved by, duly constituted regulatory authorities having jurisdiction. S. Amendment - -This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. 142 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 3 of 5 Effective Date: September 17, 2005 Revision: Original 10. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits and Facility Schedules, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the interconnection of the facilities of the Parties at the Points of Interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation [specify any prior agreements being superseded], and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 11. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: (b) If to Customer: The above- listed names, titles, and addresses of either Party may be changed by written notification to the other, notwithstanding Section 10. 12. Invoicing and Payment -- Invoicing and payment terms for services associated with this agreement shall be consistent with applicable Substantive Rules of the PUCT. 13, No Third -Party Beneficiaries -- This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and, where permitted, their assigns. 14. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 15. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 16, Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. [Company Name] BY: TITLE: DATE: [CUSTOMER NAME] BY: TITLE: DATE: 143 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 4 of 5 Effective Date: September 17, 2009 Revision: Original EXHIBIT A LIST OF FACILITY SCHEDULES AND POINTS OF INTERCONNECTION Facility Schedule No. Name of Point of Interconnection [Insert Facility Schedule number and name for each Point of Interconnection] 144 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 5 of 5 Effective Date: September 17, 2009 Revision: Original FACILITY SCHEDULE NO. [The following information is to be specified for each Point of Interconnection, if applicable.] 1. Name 2. Facility location 3. Delivery voltage 4. Metering fvoltaoe, location, losses adjustment due to metering location, and other) 5. Normal Operation of Interconnection: 6. One line diagram attached (check one) Yes /. 7. Facilities to be furnished by Company: B. Facilities to be furnished by Customer. 9. Cost Responsibility: 10. Control area interchange point {check one): Yes / 11. Supplemental terms and conditions attached (check one) [Company Name] BY: TITLE: DATE: No No Yes / No [CUSTOMER NAME] BY: TITLE: DATE: 145 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 5 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.5 Discretionary Service Agreement This Discretionary Service Agreement ( "Agreement') is made and entered into this _ day of , 2Q__ by ( "Company"), a Delaware limited liability company and distribution utility, and ("Customer'), a [specify whether individual or corporation, and if corporation name state, municipal corporation, cooperative corporation, or other], each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties ". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services 10 be Provided -- Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. [Specify below or in an attached exhibit the discretionary service(s) to be provided, the applicable rate schedule(s), the location at which discretionary service(s) will be provided, and any supplemental terms and conditions applicable to such service(s).] 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ( "Company's Retail Delivery Tariff'). During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. . Discretionary Service Charges -- Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination — This Agreement becomes effective continues in effect until and Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7. Amendment - -This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation [specify any prior agreements being superseded], and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) if to Company: 146 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 5 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Original (b) If to Customer: The above - listed names, titles, and addresses of either Party may be changed by written notification to the other. 10. Invoicing and Payment — Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer Is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5 %6 of the unpaid balance per invoice period. 11. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12, Taxes -- All present or future federal, state, municipal, or other lawful takes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14. Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. [COMPANY NAME] [CUSTOMER NAME] BY: BY: DATE: DATE: 147 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 6 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: July 1, 2011 Revision: Two 6,3.6 Easement and Right of Way (Form 50.2000) EASEMENT AND RIGHT OF WAY TRACT THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That, ' hereinafter called "Grantor," whether one or more, for and in consideration of Ten and no /100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Dallas, Texas 75202, hereinafter referred to as "Grantee', has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of -way for electric power and communications lines, each consisting of variable number of wires and cables, and all necessary or desirable appurtenances including supporting structures, guy wires and guy anchorages over, under, across and upon all that certain tract(s) of land located in County, Texas, more particularly described in Exhibit(s) — (and -), attached hereto and made part hereof. Together with the right of ingress and egress over and along the easement and right -of -way and over Grantor's adjacent lands to or from the easement and right -of -way, for the purpose of and with the right to construct, operate, improve, reconstruct, repair, inspect, patrol, maintain and remove such electric power and communications lines as the Grantee may from time to time find necessary, convenient or desirable to erect thereon, the right to install gates in all existing and future fences crossing the easement and right -of -way, provided such gates will be installed in a manner that will not weaken such fences, the right to relocate its facilities along the same general direction of said lines, the right to trim and cut down trees and shrubbery on the easement and right -of -way, including by use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, to the extent, in the sole judgment of the Grantee, necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto, and the right to remove at Grantor's expense or to prevent the construction on the easement and right -of -way of any or all buildings, structures and obstructions. Grantor shall not make or cause any changes in grade, elevation, or contour of the land (except those associated with normal agricultural activities) within the easement and right -of -way described herein without first providing advance notice and obtaining prior written consent to do so from Grantee. if written consent is not obtained prior to any action by Grantor that causes any changes in grade, elevation, or contour of the land within the easement and right -of -way, Grantor shall, upon demand from Grantee, at Grantor's expense, restore the easement and right -of -way to its previously existing condition, or reimburse Grantee fully for the cost of adjusting its facilities as necessary to accommodate the change in grade, elevation, or contour of the land within the easement and right -of -way in the event Grantor fails to promptly restore the grade, elevation, or contour to its previously existing condition. Grantor shall not perform any excavations, trenching, or other soil disturbing activities (except those associated with normal agricultural activities) that, in the sole judgment of Grantee, will endanger the integrity of the supporting structures and/or foundations, as applicable, or perform any other activities that may, in the sole judgment of Grantee, remove, reduce, or adversely affect or impact the lateral support of the supporting structures and/or foundations, as applicable, without first providing advance notice and obtaining prior written consent to do so from Grantee. If prior written consent is not obtained by Grantor prior to performing any excavation, trenching or other soil disturbing activity that endangers the integrity of the supporting structures or foundations, as applicable, Grantor shall, upon demand from Grantee, at Grantor's expense, restore the easement and right -of -way to its previously existing condition, or reimburse Grantee fully for the cost of adjusting its facilities as necessary to accommodate the excavation, trenching, or soil disturbing activity in the event Grantor fails to promptly restore the easement and right -of -way to its previously existing condition or cannot do so. Grantor reserves the right to use the easement and right of. way area provided such use shall not include the growing of trees thereon or any other use that might, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. Grantor further reserves the right to lay out, dedicate, construct, maintain and use across said strip such roads, streets, alleys, railroad tracks, underground telephone cables and conduits and gas, water and sewer pipe lines as will not interfere with Grantee's use of said land for the purpose aforesaid, provided all such facilities shall be located at angles of not less than 45 degrees to any of Grantee's lines, and shall be so constructed as to provide with respect to Grantee's wires and other facilities the minimum clearances provided by law and recognized as standard in the electrical industry. Grantor also reserves the right to erect fences not more than 8 feet high across said land, provided all such fences shall have gates, openings, or removable sections at least 12 feet wide which will permit Grantee reasonable access to all parts of said land. In addition to the consideration above recited for the easement and right -of -way hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant, as they may be respectively entitled for actual damages to fences and growing crops and improvements located on the easement and right -of -way caused by reason of the construction, maintenance or removal of said lines; provided, however, that no such payment will be made for trimming or removal of trees hereafter permitted to grow on the easement and right -of -way, nor for removal of buildings, structures, or obstructions erected upon the easement and right -of -way after granting of this easement and right -of -way. 148 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 6 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: Juiy 1, 2011 Revision: Two TO HAVE AND TO HOLD the above described easement and right -of -way unto the said Grantee, its successors and assigns, until all of said lines and facilities shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantors heirs, successors or assigns; and Grantor hereby binds Grantor and Grantors heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right -of -way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This easement may be assigned in whole or in part. EXECUTED this day of , A.D. Zoo By: Name: Title: 149 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 7 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: July 1, 2011 Revision: Two 6.3.7 Easement and Right of Way (Form 50.2100) AERIAL EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of hereinafter called "Grantor," whether one or more, for and in consideration of Ten and no /100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Dallas, Texas 75202, hereinafter referred to as "Grantee ", and has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, their successors and assigns, an aerial easement and right -of -way for overhead electric power and communications fines, each consisting of a variable number of wires and cables over and across all that certain tract(s) of land located In County, Texas, more particularly described as follows: SEE EXHIBITS "A" AND 'B"ATTACHED Grantor recognizes that the general course of said lines or the metes and bounds description as above described is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of -way and its general dimensions hereby granted shall apply to the actual location of said overhead lines when constructed. Together with the right of ingress and egress over and along the easement and right -of -way and over Grantor's adjacent lands to or from the easement and right -of -way, for the purpose of and with the right to construct, operate, improve, reconstruct, repair, inspect, patrol, maintain and remove such overhead electric power and communications lines as the Grantee may from time to time find necessary, convenient or desirable, the right to install gates in all existing and future fences crossing the easement and right -of -way, provided such gates will be installed in a manner that will not weaken such fences, the right to relocate its facilities along the same general direction of said lines, the right to relocate said lines in the same relative position to any adjacent road if and as such road is widened in the future, the right to trim and cut down trees and shrubbery on the easement and right -of -way and Grantor's land adjacent thereto, to the extent, in the sole judgment of the Grantee, necessary to prevent possible interference with the operation of said overhead lines or to remove possible hazard thereto, and the right to remove or prevent the construction on the easement and right -of -way of any or all buildings, structures and obstructions. It is understood, however, that Grantee shall have no right to erect any structures upon the above described easement but may overhang such easement with structures located on property adjacent to Grantor's property. Grantor reserves the right to use the easement and right -of -way, provided such use shall not include the growing of trees thereon or any other use that may, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted to it. In addition to the consideration above recited for the easement and right -of -way hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant, as they may be respectively entitled for actual damages to fences and growing crops and Improvements located on the easement and right -of -way caused by reason of the construction, maintenance or removal of said lines; provided, however, that no such payment will be made for trimming or removal of trees hereafter permitted to grow on the easement and right -of -way, nor for removal of buildings, structures, or obstructions erected upon the easement and right -of -way after granting of this aerial easement and right -of -way. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantors heirs, successors or assigns; and Grantor hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described aerial easement and right -of -way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , A.D.20 — . By: Name: rnim 150 Tariff for Retail Delivery Service OnCOr Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 8 Applicable: Entire Certified Service Area Page i of 1 Effective Date: July 1, 2011 Revision: Two 6.3.8 Easement and Right of Way (Form 50.3200) EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That , hereinafter called "Grantor," whether one or more, for and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Texas, 75202, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, their successors and assigns, an easement and right -of -way for overhead and/or underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits, and all necessary or desirable appurtenances over, under, through, across, and upon Grantor's land described as follows: SEE EXHIBITS "A" AND "B" ATTACHED Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances, and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove passible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor hereby binds Grantor and Grantor's heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right -of -way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of . 200_. By: Name: Title: 151 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 9 Applicable: Entire Certified Service Area Page 1 of 1 Eff ective Date: July 1, 2011 Revision: Two 6.3.9 Easement and Right of Way (Form 50.3400) EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of hereinafter called "Grantor,' whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Texas 75202, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of -way for underground electric supply and communications lines, consisting of a variable number of wires and cables, surface mounted equipment, conduits, manholes, vaults, transformers, switches, protection, sectionalizing devices and all necessary or desirable appurtenances over, under, across and upon Grantor's land described as follows: �ya=10c1W111 &Wrvrri!t y :Wrt,rTIq aaI] Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on pre[iminary surveys only, and Grantor hereby agrees that the easement and right -of -way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, remove and reconstruct said lines; the right to relocate along the same general direction of said lines; the right to relocate said lines in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said lines; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said lines and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgement of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of .20 By: Name: Title: 152 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 10 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: July 1, 2011 Revision: Two 6.3.10 Easement and Right of Way (Form 50.3500) EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of hereinafter called "Grantor," whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Texas 75202, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of -way for guying facilities consisting of a variable number of guy wires, guy anchors, and all necessary or desirable appurtenances over, across and upon Grantor's land described as follows: SEE EXHIBITS "A" AND "B" ATTACHED Grantor recognizes that the general course of said guying facilities, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of -way and its general dimensions hereby granted shall apply to the actual location of said guying facilities when constructed. Together with the right of Ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, reconstruct, maintain, operate or remove said guying facilities; the right to prevent excavation within the easement; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said guying facilities and the right to trim or cut down trees or shrubbery within said easement area. Grantor shall not make changes in grade, elevation or contour of the land without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgement of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said guying facilities shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of 1 20--. By: Name: Title: 153 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 11 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: July 1, 2011 Revision: Two 6.3.11 Easement and Right of Way (Form 50.3700) SUBSTATION EASEMENT THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of hereinafter called "Grantor," whether one or more, for and in consideration of Ten and no /100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Dallas, Texas 75202, hereinafter referred to as "Company," has granted, sold and conveyed and by these presents does grant, sell and convey unto said Company, its successors and assigns, an easement and right of way for an electric power substation consisting of structures made of steel and or wood, concrete foundations, wires, cables, transformers, switches, circuit breakers, relay and battery all weather enclosures, security fencing and other necessary and/or desirable appurtenances over, upon and under that certain tract of land located in County, Texas, more particularly described as follows and sometimes referred to herein as the "easement area ": (Legal Description) Together with the right of ingress and egress over, across, throughout and along the easement area for the purpose of and with the right to construct, operate, maintain, repair, reconstruct, modify and to remove such electric power substation from such easement prior to or upon termination of such easement. Further, Company shall have the right to remove or thereafter prevent the growth of trees, limbs, branches or surface brush or vegetation as may in any way or to any extent now or forever interfere with the efficiency, safety and/or convenient operation of said electric power substation and its appurtenances; and Company shall have the right to prevent the construction or maintenance of any structures, houses or permanent installations of any kind within the easement area and shall have the right to fence and enclose the easement area and to have exclusive possession of the surface thereof. It is understood that by this grant of easement and right of way Company is granted exclusive right to use the property described above for the above purpose noted, and Grantor, by these presents and for the consideration stated, relinquishes any right to grant to others any easements, licenses, leases or other rights hereafter with respect to the easement area, without first obtaining the express written consent of Company. Company shall have the rights of ingress and egress across Grantors adjacent lands to and from the easement area for the purposes noted herein with regard to the substation, Company shall have the right to construct and maintain an all weather road along and upon the route shown on "Exhibit A" (or "B ", depending upon whether a separate legal description is attached as Exhibit "A" for the substation site itself), attached hereto and made a part hereof for all purposes for such ingress and egress, which shall constitute an easement for access to and from the easement area. In addition to the consideration above recited for the substation easement and access road easement hereby granted, Company will pay to the owner of the land, and, if leased, to his tenant, as they may be respectively entitled, actual damages to fences and growing crops and improvements located on Grantor's adjacent lands caused by reason of the construction, operation, maintenance, repair, reconstruction or removal of said electric power substation and access road; provided, however, Company shall not be required to pay for trimming or removal of vegetation and removal of any improvements located within the easement area, or any trees, limbs, branches or surface brush and vegetation as may In any way or to any extent now or forever interfere with the efficiency, safety and/or convenient operation of said electric power substation and access thereto. TO HAVE AND TO HOLD the above described easement and right of way unto the said Company, its successors and assigns, until all of said facilities shall be removed or upon Company's written notification that the easement is terminated, and in that event said easement shall cease and all rights herein granted shall cease and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement unto Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , A.D. 20_. By: Name: Title: 154 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 12 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: One 6.3.1 2 Grant of Easement (Veteran's Land Board) ACCOUNT NUMBER GRANT OF PERPETUAL EASEMENT (Lands Under Contract Of Sale And Purchase Under The Texas Veterans Act for utility easements serving the subject property only.) STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: (1) That the undersigned Veteran- Purchaser, grantor herein, with the approval of the Veterans Land Board hereby grants to hereinafter called grantee, an easement for a right -of -way for the following kind of line, to wit: , with the right to construct and erect such a line, on and across the land as described in the Warranty Deed from to the Veterans Land Board and recorded in Vol. , Page , of the Deed Records of County, Texas, to which reference is made for a full and complete description. Said right -of -way being feet wide, being feet over and on each side of the center line thereof, said centerline to be agreed upon by the grantee herein. In no event shall this easement be used as an increment to proved service to property outside the boundaries of the above referenced tract. GRANTOR AND GRANTEE AGREE TO RELEASE FROM ALL LIABILITY AND CLAIMS AND HOLD HARMLESS, THE CHAIRMAN, MEMBERS AND EMPLOYEES OF THE VETERANS LAND BOARD FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE FAILURE TO SPECIFICALLY LOCATE THE RIGHT -OF -WAY BY COURSES BY AND DISTANCES. (2) Said right -of -way for said line is rods in length and the grantee hereby agrees to pay the Veterans Land Board at Austin, Texas, in consideration for the granting of this easement, the sum of $ ; such amount is to be applied by the Veterans Land Board to the credit of the grantor's account; provided that if said land has been forfeited according to law to the Veterans Land Board, such amount will be applied for the benefit of the fund designated by law. (3) It is agreed that when said line is erected on said land, the location of the right -of -way shall become permanently fixed, and the course and location of said right -of -way shall not be changed except by both written consent of the grantor and written approval of the Veterans Land Board. (4) The Grantee is hereby granted the right of Ingress and egress to and from said right -of -way and occupancy thereof only for the purpose of constructing, erecting, maintaining, repairing, replacing and rebuilding said line, and not for any other purpose. The Grantee agrees to occupy the land to the extent and for the length of time necessary when constructing, erecting, maintaining, repairing, replacing and rebuilding said line. (5) It is understood that the grantee cannot construct, erect or maintain any telephone, telegraph, electric transmission or power line or oil pipeline, gas pipeline, sulfur pipeline, or other electric or pipeline, unless the same is specifically provided for in first paragraph of this agreement. However, if the contract is for a pipeline, the grantee is entitled to replace said pipeline with a larger or smaller pipe, or pipe of the same size, but grantee shall not build another pipeline alongside of first pipeline or at another location without both the written consent of the grantor and approval of the Veterans Land Board; and if this contract is for a telephone telegraph, electric or power line, the grantee is entitled to replace poles, towers and guy wires at their original location, and attach additional wires on the poles and towers; but shall not erect additional poles, towers, and guy wires after grantee has erected tits original line without both the written consent of the grantor and the approval of Veterans Land Board. (6) The grantee agrees to bury all pipelines, if any, below plow depth and to construct the same so as not to interfere with the use of the land for the grazing of livestock or farming in the usual manner; and the grantee agrees to erect all telephone, telegraph and electric and power lines, if any, so as not to interfere with the use of the land for the grazing of livestock or farming in the usual manner, except that it is understood that the ordinary and usual poles and towers and necessary guy wires may be erected. (7) It is agreed that if the grantee injures or destroys any fences, bridges, buildings, or other structures on said land (other than the structure constructed by the grantee) that said grantee will within a reasonable time rebuild and repair the same to the extent that they will be in as good condition as they were in before the grantee injured or destroyed them. (8) The grantee agrees to pay to the Veterans Land Board for the benefit of the grantor's account (or the fund designated by law, in case of forfeiture) the amount of actual damages done to the fences, bridges, buildings, timber and other property (other than property belonging to the grantee) by reason of the constructing, erecting, maintaining, repairing, replacing and rebuilding of said line; provided that damages repaired by the grantee as prescribed in the preceding paragraph shall not be included. 155 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 12 Applicable: Entire Certified Service Area Page 2 of 2 Effective_ Date:_ September 17, 2009 Revision: One (9) The grantee shall have a reasonable time after termination of this easement to remove any of its own property from said right -of -way, provided all payments hereunder due at the time of such removal are paid in full. If the grantee removes any pipes, poles or other equipment or structures, it shall level the land from where the same are taken so that the said land will be as nearly as possible in the same condition it was in before grantee entered thereon. Should the grantee fail to remove any property from the premises in a reasonable time, the same shall, at Grantors option, become property of the grantor herein as additional rental therefor. (10) Other conditions: (If none, indicated so. If necessary, reference and attach exhibit.) (11) The terms and conditions hereof shall be binding upon the parties, their heirs, executors, administrators, legal representatives, successors, and assigns, respectively. In witness whereof the grantor has hereunto set his hand and the grantee is bound by the provisions hereof by the acceptance of delivery of this instrument, the effective date of which is the date the Executive Secretary of the Veterans Land Board executed his approval hereon. (Veteran- Purchaser) (Spouse) APPROVED THIS DAY OF PAUL E MOORE EXECUTIVE SECRETARY APPROVED AS TO CONTENTS: VETERANS LAND BOARD OF THE STATE OF TEXAS STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT Before me, the undersigned authority, on this day / personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowleded to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: STATE OF TEXAS COUNTY OF Notary Public In and for the State of Texas ACKNOWLEDGMENT Before me, the undersigned authority, on this day 1 1 personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowleded to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: Notary Public in and for the State of Texas 156 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 13 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.13 Grant of Easement (Veteran's Land Board) ACCOUNT NUMBER GRANT OF PERPETUAL EASEMENT (Lands Under Contract Of Sale And Purchase Under The Texas Veterans Act) STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: (t) That the undersigned Veteran - Purchaser, grantor herein, with the approval of the Veterans Land Board, hereby grants to hereinafter called grantee, an easement for a right -of -way for the following kind of line, to wit: with the right to construct and erect such a line, on and across the land as described in the Warranty Deed from to the Veterans Land Board and recorded in Vol. Page , of the Deed Records of County, Texas, to which reference is made for a full and complete description. Said right -of -way being feet wide, being feet over and on each side of the center line thereof, the courses and distances of said center line of said right -of -way being as follows, to wit: (2) Said right -of -way for said line is rods in length and the grantee hereby agrees to pay the Veterans Land Board at Austin, Texas, in consideration for the granting of this easement, the sum of $ . Such amount is to be applied by the Veterans Land Board to the credit of the grantor's account; provided that if said land has been forfeited according to law to the Veterans Land Board, such amount will be applied for the benefit of the fund designated by law. (3) It is agreed that when said line is erected on said land, the location of the right -of -way shall become permanently fixed, and the course and location of said right -of -way shall not be changed except by both written consent of the grantor and written approval of the Veterans Land Board. (4) The Grantee is hereby granted the right of Ingress and egress to and from said right -of -way and occupancy thereof only for the purpose of constructing, erecting, maintaining, repairing, replacing and rebuilding said line. (5) It is understood that the grantee cannot construct, erect or maintain any telephone, telegraph, electric transmission or power line or oil pipeline, gas pipeline, sulfur pipeline, or other electric or pipeline, unless the same is specifically provided for In first paragraph of this agreement. However, if the contract is for a pipeline, the grantee is entitled to replace said pipeline with a larger or smaller pipe, or pipe of the same size, but grantee shall not build another pipeline alongside of first pipeline or at another location without both the written consent of the grantor and approval of the Veterans Land Board; and if this contract is for a telephone, telegraph, electric or power line, the grantee is entitled to replace poles, towers and guy wires at their original location, and attach additional wires on the poles and towers; but shall not erect additional poles, towers, and guy wires after grantee has erected the original line without both the written consent of the grantor and the approval of Veterans Land Board. (6) The grantee agrees to bury all pipelines, if any, below plow depth and to construct the same so as not to interfere with the use of the land for the grazing of livestock or farming In the usual manner; and the grantee agrees to erect all telephone, telegraph and electric and power lines, if any, so as not to interfere with the use of the land for the grazing of livestock or farming in the usual manner, except that it is understood that the ordinary and usual poles and towers and necessary guy wires may be erected. (7) It is agreed that if the grantee injures or destroys any fences, bridges, buildings, or other structures on said land (other than the structure constructed by the grantee) that said grantee will within a reasonable time rebuild and repair the same to the extent that they will be in as good condition as they were in before the grantee injured or destroyed them. (8) The grantee agrees to pay to the Veterans Land Board for the benefit of the grantor's account (or the fund designated by law, in case of forfeiture) the amount of actual damages done to the fences, bridges, buildings, timber and other property (other than property belonging to the grantee) by reason of the constructing, erecting, maintaining, repairing, replacing and rebuilding of said line; provided that damages repaired by the grantee as prescribed in the preceding paragraph shall not be included. (9) The grantee shall have a reasonable time after termination of this easement to remove any of its own property from said right -of -way, provided all payments hereunder due at the time of such removal are paid in full. If the grantee removes any pipes, poles or other equipment or structures, it shall level the land from where the same are taken so that the said land will be as nearly as possible in the same condition it was before grantee entered thereon. Should the grantee fail to remove any property from the premises in a reasonable time, the same shall, at Grantor's option, become property of the grantor herein as additional rental therefor. 157 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 13 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Original (10) The terms and conditions hereof shall be binding upon the parties, their assigns, respectively. In witness whereof the grantor has hereunto set his hand and the grantee is bound by the provisions hereof by the acceptance of delivery of this instrument, the effective date of which is the date the Executive Secretary of the Veterans Land Board executed his approval hereon. (Veteran- Purchaser) (Spouse) APPROVED THIS DAY OF PAUL E MOORE EXECUTIVE SECRETARY APPROVED AS TO CONTENTS: VETERANS LAND BOARD OF THE STATE OF TEXAS ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day 1 I personally appeared known to me to be the person whose names is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT Before me, the undersigned authority, on this day 1 I personally appeared known to me to be the person whose names is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: Notary Public in and for the State of Texas 158 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 14 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Oriainal 6.3.14 Agreement and Terms and Conditions for Pulse Metering Equipment Installation ( "Company") and [an Electric Power and Energy end -user; the written authorized representative of , an Electric Power and Energy end -user; or a retail electric provider for an Electric Power and Energy end -user] ("Customer") hereby agree that the provision of Pulse Metering Equipment will be governed by the Company's Tariff for Retail Delivery Service and this Agreement and Terms and Conditions for Pulse Metering Equipment Installation ( "Agreement "). Upon the request of Customer, Company shall install, maintain, repair, replace, or remove Pulse Metering Equipment located at Company's Meter used for billing Delivery System Services in accordance with the following terms and conditions: 1. Company shall install Pulse Metering Equipment, including: pulse initiator, as needed; external protective devices, as needed; junction box, as needed; and necessary wiring and related materials and supplies up to a point for Customer's interconnection. 2. Customer shall be responsible for the installation and maintenance of all wiring and equipment on Customer's side of the point of interconnection with Company's Pulse Metering Equipment. 3. Customer agrees that Company is not obligated to alter or adjust any meter reading based on the equipment that Customer installs to receive the Electrical Pulses provided for herein and that Company in no way guarantees that Customer's equipment will operate satisfactorily. 4. Company shall charge and Customer shall pay (1) the installation charge as set forth in Company's Tariff for Retail Delivery Service, or if there Is no such charge, (ii) the difference in costs, if any, between the existing meter (or the standard meter if no meter is currently installed) and the cost of an advanced meter that meets Customer's requirements, or (iii) the actual cost of the installation requirements, which includes the actual cost of equipment, labor, and overheads necessary to provide pulse access, or (iv) an engineering estimate thereof. Customer shall remit payment to Company for the costs incurred under this paragraph by the due date shown on Company's invoice. 5. Only Company or Company's authorized representatives shall install, maintain, repair, replace, or remove Pulse Metering Equipment. Company shall normally complete installation or removal of such equipment within thirty (30) days from the date request is made in accordance with Section 10. Normal installation times may be impacted by equipment availability or other factors beyond the reasonable control of Company. If Company determines that the installation time may exceed thirty (30) days Company shall provide notice to Customer of this Agreement when Pulse Metering Equipment installation is complete, including pulse multipliers for the meter, so that pulse data can be interpreted. 6. Company shall maintain, repair, or replace Pulse Metering Equipment installed hereunder, if and to the extent that such work is necessary to maintain the pulse access desired by Customer. If applicable, a charge for maintenance shall be optional, with Customer having the option whether to pay a monthly maintenance fee, rather than the cost of repair or replacement should such become necessary to maintain the pulse access desired by Customer. Company shall charge and Customer shall pay (1) the replacement charge, (ii) the actual cost of all required repairs/replacement, or (iii) an engineering estimate thereof. Company shall repair or replace only such Company equipment as requires repair or replacement. 7. It an isolation relay is used, under no circumstances shall Customer modify or Interrupt the operation of Company's relay and associated wiring. 8. Company reserves shall have the right to interrupt the pulse circuit in accordance with the provisions of the Company's Tariff for Retail Delivery Service. 9, This Agreement may be amended, revised, or otherwise changed only by an appropriate order of an Applicable Legal Authority. 10. All requests for Pulse Metering Equipment shall be in writing and must include the following information: (a) Customer name; (b) Letter of authorization if Customer is other than an Electric Power and Energy end -user; (c) Customers authorized representative contact name, if applicable; (d) Customers authorized representative contact phone number, if applicable; (e) ESI ID (if available); (f) Service address (including City and zip code); (g) Pulse data requested e.g. watt-hour, time, var -hour; (h) Billing/Invoice Information, including: Responsible Party; Billing Address; and (i) If Customer is not the owner of the premises upon which Pulse Metering Equipment will be located, Customer shall represent, that Company is fully authorized to enter the premises and to perform any reasonable effort necessary to install, maintain, repair, replace, or remove Pulse Metering Equipment. 159 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 14 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Original 11. All communications necessary in the administration and execution of this Agreement may be effectuated by contacting Company and Customer at the addresses and telephone numbers set forth below. FOR COMPANY: Contact: Address: Email: Phone Number: Fax Number: FOR CUSTOMER: Contact: Address: Email: Phone Number: Fax Number: Either parry may change the preceding designation by providing the other party with no less than thirty (30) days advanced notification of such change. 12. Except as expressly provided by this Agreement, no provisions of this Agreement shall revise, alter, modify, or amend Company's Tariff for Retail Delivery Service, 13. This Agreement shall commence upon the date of execution by both Parties (the "Effective Date ") and shall terminate (a) upon mutual agreement of the Parties, or (b) written notification by Customer to Company that it requests to terminate this Agreement; or (c) upon the effective date of a new agreement between the Parties. 14. Termination of this Agreement, for any reason, shall not relieve Company or Customer of any obligation accrued or accruing prior to such termination. 15. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. Company (insert name) (legal signature) (date) Customer (insert name) (legal signature) (date) 160 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 1 of 5 Effective Date: September 17, 2009 _ Revision: Original 6.3.15 Agreement for Meter Ownership and/or Access for Non - Company Owned Meters ESI ID: (If this Agreement applies to multiple ESI IDs, the ESI IDs are listed on an Attachment that identifies the appropriate premise address for each ESI ID.) ( "Company") and ( "Retail Customer") hereby agree that this Agreement for Meter Ownership and/or Access for Non - Company Owned Meters ( "Agreement"), as well as Company's Tariff for Retail Delivery Service ("Tariff') and Applicable Legal Authorities, will govern Retail Customer's utilization of Non - Company Owned Meter(s), and Retail Customer's physical access to Non - Company Owned Meter(s) to obtain Meter Data at the ESI ID(s) specified above. All defined terms used herein will have the meanings specified in the Tariff, except as otherwise expressly provided in this Agreement. This Agreement may be executed by a written authorized representativelagent ( "Retail Customer's Agent"), acting on behalf of the Retail Customer pursuant to an executed Letter of Agency ( "LOA ") delivered to Company. Termination of the agency authority of Retail Customers Agent will become effective as to this Agreement upon Company's receipt of written notice of such termination from the Retail Customer. A change in Retail Customer's Agent will become effective as to this Agreement only upon the Company s receipt of a new LOA designating a new Retail Customer's Agent, in which event Retail Customer is also responsible for promptly providing Company with the contact information for the new Retail Customers Agent required under Section C of this Agreement. Retail Customer shall ensure that Retail Customer's Agent complies with this Agreement, the other applicable provisions of the Tariff, and Applicable Legal Authorities. If Retail Customer is not the owner of the premises where the Non - Company Owned Meters) will be installed, Retail Customer represents that Company is fully authorized to enter the premises and perform any reasonable effort necessary to install, maintain, repair, replace, or remove the Non - Company Owned Meter(s), A. UTILIZATION OF NON - COMPANY OWNED METER 1. Meter Owner. Retail Customer has selected and authorized to be the Meter Owner of the Non- Company Owned Meter(s) at the ESI ID(s) specified above. A change in Meter Owner will become effective only upon a written amendment of this Agreement. 2. Non - Company Owned Meter. The Non - Company Owned Meter(s) selected from the ERCOT- approved competitive meter list that will be installed pursuant to this Agreement is /are (i.e.,meter manufacturer and type). Any credit to the Delivery Charges invoiced to the Retail Customer's Competitive Retailer for the utilization of Non - Company Owned Meter(s) shall be as provided in Section 6.1 - Rate Schedules of Company's Tariff. 3. Metering Services. Company shall provide Metering Services as defined in PUC Substantive Rule 25.311(b)(5), (as the same may be changed from time to time by the Commission), excluding Meter ownership, to Retail Customer utilizing Non - Company Owned Meter(s). Charges may apply to these Metering Services as provided in Section 6.1 — Rate Schedules of Company's Tariff. 4. Requests for Metering Services. Requests for Metering Services, including installation or removal of Non - Company Owned Meter(s), shall be made in accordance with Company's Tariff and Applicable Legal Authorities. 5. Shipping of Non - Company Owned Meters to Company. A Non - Company Owned Meter shipped by the Meter Owner to the Company for testing and installation shall be shipped to the Company's designated meter delivery address as provided herein, with shipping costs prepaid by the Meter Owner. 6. Return of Non - Company Owned Meters to Meter Owner. A Non - Company Owned Meter being returned to the Meter Owner for any reason (including removal from service) may be picked up by the Meter Owner at a Company designated location within ten business days after Company gives written notice that the Non - Company Owned Meter is being returned. If the Non- Company Owned Meter is not picked up by the Meter Owner within such ten business day period, Company will have the right to return the Non - Company Owned Meter to the Meter Owner using any of the following means: (a) shipping by Company to the Meter Owner, at the address specified herein, shipping to be paid by the Meter Owner, cash on delivery; (b) shipping to the Meter Owner using a shipper, Meter Owner account number and shipping instructions provided by the Meter Owner when the Meter Owner is notified that the Non - Company Owned Meter is being returned; or (c) other arrangements mutually agreed to by Company and Meter Owner. If a Non- Company Owned Meter that has been removed from service is not returned to the Meter Owner using one of the means specified above, Company will safeguard the Non - Company Owned Meter until the earlier of (i) the date the Meter Owner takes possession of it, or (ii) 60 calendar days from the date of removal. B. ACCESS TO NON - COMPANY OWNED METER BY COMPANY TO OBTAIN METER DATA 1. Billing and Settlement Meter Reading Capability. Where remote meter reading is required, the method that Retail Customer will provide for the Company to remotely access the Non - Company Owned Meter(s) to obtain Meter Data necessary for the Company to fulfill its billing, settlement and reliability responsibilities pursuant to Applicable Legal Authorities ( "Billing and Settlement Meter 161 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 2 of 5 Effective Date: September 17, 2009 Revision: Original Reading Capability') is (e.g., cell phone, land line, radio, etc.). The Billing and Settlement Meter Reading Capability must be compatible with a method the Company currently uses elsewhere on its system for remote access to Billing Meters providing similar billing, settlement and reliability Meter Data. The Billing and Settlement Meter Reading Capability must comply with Section 5.10.2 — Retail Customer Responsibility and Rights of Company's Tariff. Where remote meter reading is required, Retail Customer shall arrange for and be responsible for the costs, including any ongoing costs, of the remote communications for the Billing and Settlement Meter Reading Capability. Retail Customer shall have the Billing and Settlement Meter Reading Capability in effect beginning . Retail Customer shall provide Company with 45 calendar days advance written notice of termination of the Billing and Settlement Meter Reading Capability and agrees to work in good faith with Company to restore Company's remote meter reading capability. Company's Access to Billing and Settlement Meter Reacting Capability. Company will not use Meter Data from a Non - Company Owned Meter for purposes other than fulfilling the Company's billing, settlement, and reliability responsibilities in accordance with Applicable Legal Authorities. Company shall have access to the Non - Company Owned Meter using the Billing and Settlement Meter Reading Capability, (a) on the scheduled meter reading day and the two calendar days on either side of the scheduled meter reading day, for consecutive minutes beginning at am/pm (circle one) (central prevailing time); and (b) on three additional consecutive calendar days designated by Company in writing for consecutive minutes each day beginning at anUpm (circle one) (central prevailing time). In addition, Company may access the Non- Company Owned Meter at other times if necessary to fulfill the Company's billing and settlement responsibilities or if access is not available at the designated times. if Company does not have reasonable access through the Billing and Settlement Meter Reading Capability to the Non - Company Owned Meter for a period exceeding 10 calendar days, or for the two calendar days on either side of and on the scheduled meter read date, or in the event that Company's access to billing and settlement data is blocked during the times listed herein, Retail Customer will be in breach of its obligations under this Agreement. Charges. Company shall not charge Retail Customer for access to the Meter Data nor shall Retail Customer charge Company for access to the billing, settlement and reliability Meter Data. C. CONTACT INFORMATION All notifications and other contacts necessary in the administration and execution of this Agreement may be effectuated by contacting Company, Retail Customer, Meter Owner, or Retail Customer's Agent at the addresses and telephone numbers set forth below: FOR COMPANY: Contact: Address: Email: Phone Number: Fax Number: 162 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 3 of 5 Effective Date: September 17, 2009 Revision: Original For Receipt of Non - Company Owned Meter: Contact: Address: FOR RETAIL CUSTOMER: Company Name: Contact Person: Premise Address: Billing Address: Email: Phone Number: Fax Number: Retail Customer's Competitive Retailer, contact name and phone number: FOR METER OWNER: Company Name: Contact Person: Address: Email: Phone Number: Fax Number: For Return of Non - Company Owned Meter: Contact Person: Address: FOR RETAIL CUSTOMER'S AGENT: Company Name: Contact Person: 163 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 4 of 5 Effective Date: September 17, 2009 ._ Revision: Original Address: Email: Phone Number: Fax Number: Company will promptly provide to the Retail Customer any changes to the Company s contact information. The Retail Customer will promptly provide to Company any changes to the Retail Customer's, Meter Owners, Competitive Retailers or Retail Customers Agent's contact information. D. OTHER TERMS AND CONDITIONS 1. The form of this Agreement may be amended, revised, or otherwise changed only by an appropriate order of Applicable Legal Authorities. 2. Except as expressly provided by this Agreement, no provisions of this Agreement shall revise, alter, modify, or amend other provisions of Company's Tariff for Retail Delivery Service. 3. This Agreement shall commence upon the date of execution by both Parties (the "Effective Date "). 4. This Agreement shall terminate on the earlier of: (a) the date that none of the ES IDs specified on the first page of this Agreement are associated with the Retail Customer, or (b) the date that all of the Non - Company Owned Meters provided for under this Agreement have been permanently removed, whether removed at the Retail Customers request or pursuant to Applicable Legal Authorities; or (c) termination by the Retail Customer upon 45 calendar days advance written notice to the Company; or (d) termination by the Company upon Retail Customers breach of any obligation under this Agreement that has remained uncured after Retail Customer and Retail Customers Agent, if designated, have been given written notice of the breach and 34 calendar days to cure. upon termination of the Agreement, Company shall have the right to remove the Non- Company Owned Meter(s) covered by this Agreement; provided that removal of Non - Company Owned Meters shall comply with Section 5.14.5 of the Tariff. Termination of the Agreement may result in applicable charges under Section 6.1 — Rate Schedules of Company's Tariff. Termination of this Agreement, for any reason, shall not relieve the Parties of any obligation accrued or accruing prior to such termination. 5. Retail Customer Is responsible for providing accurate information to Company as requested herein, as well as accurate information necessary to facilitate Company's access through the Billing and Settlement Meter Reading Capability to billing, settlement and reliability Meter Data (e.g., telephone numbers), Retail Customer is responsible for promptly informing Company of any changes to that information. Failure to maintain the accuracy of the information required under this Agreement will constitute a breach of this Agreement. 6. This Agreement is binding upon Company and Retail Customer and their successors and assigns, provided that Retail Customer may assign this Agreement only to another Retail Customer taking service at the specified ESl lDs, and only upon giving written notice to Company and providing all pertinent changes to information requested herein. 7. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. Company (insert name) (legal signature) (date) Retail Customer (insert name) (legal signature) (date) 164 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 5 of 5 Effective Date: September 17, 2009 Revision: Original ACKNOWLEDGED this _day of , by: Meter Owner (insert name) (legal signature) (date) ACKNOWLEDGED this _day of , by: Retail Customer's Agent (insert name) (legal signature) (date) 165 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 16 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.16 COMPETITIVE METERING LETTER OF AGENCY Electric Service Identifier (ESI ID Number):* Premise Address (include city, state, zip): * Retail Customer. Retail Customers Billing Address: (include city, state, zip) Retail Customers Email: Retail Customers Telephone Number. Retail Customer's Fax Number: Retail Electric Provider or (REP): Transmission and Distribution Utility (TDU): Retail Customers Agent: Retail Customers Agent's Address: (include city state, zip) Retail Customer's Agent's Email: Retail Customer's Agent's Telephone Number. Retail Customers Agent's Fax Number: If this Letter of Agency applies to multiple ESI IDs, the ESI IDs are listed on an Attachment that identifies the appropriate premise address for each ESI ID. The Retail Customer designates the Retail Customer's Agent for purposes of performing Retail Customer's duties provided for in the "Agreement for Meter Ownership and/or Access" (the "Agreement"), as well as giving and receiving information in accordance with the Competitive Metering Guides of the Electric Reliability Council of Texas ( "ERCOT "). In addition to the duties Included in the Agreement, Retail Customer appoints Agent to: (1) Communicate with and authorize TDU to maintain, repair, and replace the Non - Company Owned Meter(s), as may be reasonable and necessary; (2) Submit to and obtain from the TDU information requests, service requests, and data access; and, (3) Authorize TDU to enter the Premise at reasonable times and to perform all reasonable and necessary work to install the Non - Company Owned Meter(s) at the Premise and to maintain, repair, replace, and remove the Non - Company Owned Meter(s). Retail Customer acknowledges that Retail Customer is obligated to pay all amounts due to the TDU pursuant to its tariffs approved by the Public Utility Commission of Texas. Failure of Agent to perform Retail Customer's duties does not relieve Retail Customer of any obligation under the Agreement or tariffs. 166 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 16 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Original By signing this Letter of Agency, Retail Customer represents that if Retail Customer is not the owner of the premises upon which the Non- Company Owned Meter and any associated equipment will be located, that Company is fully authorized by the owner of the premises to enter the premises and to perform any reasonable work necessary to install, maintain, repair, replace, or remove such Meter and associated equipment. Representation By signing this Letter of Agency, Retail Customer represents that Retail Customer is at least 18 years old and has the legal capacity to execute this document. Termination This Letter of Agency can be terminated at any time, provided however that with regard to the Agreement, termination shall be effective only upon TDU's receipt of written notice of such termination from Retail Customer. Retail Customer represents by its signature hereunder that Retail Customer is aware of its affirmative duty to promptly inform the TDU of any changes to this Letter of Agency, including its termination. Retail Customer Date ill-IN Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 1 of 7 Effective Bate: July 1, 2011 Revision: One 6.3.17 Agreement for Street Lighting Service AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN , Texas A MUNICIPAL CORPORATION AND ONCOR ELECTRIC DELIVERY COMPANY LLC DATE 168 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 2 of 7 Effective Date: July 1, 2011 Revision: One AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN ONCOR ELECTRIC DELIVERY COMPANY LLC AND [INSERT NAME OF CITY] The City of , Texas, a Municipal Corporation ( "Customer"), and Oncor Electric Delivery Company LLC, for and in consideration of the mutual covenants set forth in this Agreement for Street Lighting Service (the "Agreement"), agree as follows: 9. Definitions. For purposes of this Agreement, the following terms shall have the meanings indicated: a. "Company's Tariff" shall mean the Company's approved Tariff for Retail Delivery Service, as may be revised from time to time during the term of this Agreement, on file with the Public Utility Commission of Texas; b. Customer shall be the "Retail Customer" as such term is used in Company's Tariff. C. "Facility" or "Facilities" shall mean the electrical facilities or equipment, including but not limited to, pole(s), luminaire(s), wires, and appurtenances, owned by Company or Customer, through which Company will provide service to Customer pursuant to this Agreement. 2. Term and Termination. Consistent with the requirements of section 6.1.1.1.8 - Lighting Service of Company's Tariff, this Agreement shall be effective as of the day of , 20 ^, , and, unless terminated early in accordance with the terms of this Agreement, shall remain in effect for an initial term of ten (10) years and from year to year thereafter until canceled by either party consistent with the terms of this Agreement. After the expiration of the initial ten year term, this Agreement may be terminated by either party upon ninety (90) days written notice to the other party. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated at any time under the following conditions. (a) If Company begins installation of any requested Facilities prior to receiving full payment of any contribution -in- aid -of- construction provided for in section 6.1.1.1.8 - Lighting Service of Company's Tariff or any subsequently approved similar provision, from Customer or Customer's agent or representative ( "Customer's Agent ") as appropriate, and Customer or Customer's Agent thereafter fails to make such payment in full, then: (i) Company may immediately terminate this Agreement by providing written notice of such termination to Customer, (ii) Company may remove all such Facilities, and (iii) Customer shall pay Company all cost incurred by Company in removing such Facilities, less the salvage value of such Facilities, within 30 days of Company's removal of the subject Facilities. (b) If Customer discontinues taking electric service from Customer's designated competitive retailer at Facilities, for purposes other than to allow the Customer to begin receiving service from another competitive retailer at such Facilities, then: (i) Company may immediately terminate this Agreement by providing written notice of such termination to Customer, (ii) Company may remove all such Facilities owned by Company, and (iii) Customer shall pay Company all cost incurred by Company in removing such Facilities, less the salvage value of such Facilities, within 30 days of Company's removal of the subject Facilities. (c) If Customer purchases Facilities owned by Company. 3. Contribution -In- Aid -Of- Construction. Section 6.1.1.1.8 - Lighting Service of Company's Tariff provides for the installation or construction by Company of a base level of Facilities with no contribution-in - aid-of- construction required from Customer. For example, Schedule A provides for the installation or construction of wood poles of a type normally used by Company served overhead without the payment of contribution -in- aid -of- construction by Customer. Requested Facilities that exceed such base level require a contribution -in- aid -of- construction to be paid by Customer to Company. Company will begin work on the requested Facilities prior to receipt of full payment of any required contribution -in- aid -of- construction from Customer or Customer's Agent. However, Customer or Customer's Agent shall pay to Company any required 169 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 3 of 7 Effective Date: July 1, 2011 Revision: One contribution -in- aid -of- construction prior to Company energizing the requested Facilities or within 90 days from the receipt of a contribution -in- aid -of- construction invoice, whichever is earlier. If Customer has arranged for Customer's Agent to pay to Company any required contribution -in- aid -of- construction, then Customer's Agent shall execute a Supplement to this Agreement, the form of which is attached hereto as Exhibit A, for the sole purpose of establishing such agent's agreement to pay such contribution -in- aid -of- construction. 4. Service Subject to Company's Tariff, This Agreement is subject to the terms and conditions of Company's Tariff, and all services provided by Company shall be pursuant to and consistent with Company's Tariff. To the extent any provision of this Agreement conflicts with or is inconsistent with Company's Tariff, then the provisions of Company's Tariff shall control 5. Material Change. In the event that a judicial decision, order, new law or regulation, or a change in any law or regulation, materially and directly affects a party's ability to perform its obligations hereunder, then the parry that is negatively affected shall have the right to notify the other party, within 30 days after becoming aware of such detrimental event. The parties shall use their best efforts to negotiate a modification to the terms of this Agreement so as to mitigate the impact of the event. If, after twenty (20) days beyond the notice, the parties have been unable to negotiate a mutually satisfactory modification to the terms of this Agreement, then either party shall have the right to terminate this agreement upon ten (10) days written notice to the other party. If such right to terminate is not exercised within forty -five (45) days after the date of the original notice, then the right to terminate this Agreement shall be waived with respect to the particular event. 6. Type of Service and Applicable Rate Schedule. - The type of service provided and rate schedule applicable at each Facility or group of Facilities shall be agreed to by the Parties and specified on the form entitled Request for Street Lighting Service, attached hereto as Exhibit "B," which may be amended or supplemented as necessary, at anytime, by mutual agreement of the parties. 7. Installation/Construction. All requests for installation or construction of Facilities subject to this Agreement shall be made on the form entitled Request for Street Lighting Service, attached hereto as Exhibit "B" and incorporated into this Agreement by execution of the form Supplement to the Agreement attached hereto as Exhibit "A." All such installation or construction shall be performed by Company pursuant to and consistent with section 6.1.1.1.8 - Lighting Service of Company's Tariff, and all other applicable provisions of such Tariff. 8. Relocation of Facilities. Nothing contained herein modifies section 37.101 of PURA, which provides that "the governing body of a municipality may require an electric utility to relocate the utility's facility at the utility's expense to permit the widening or straightening of a street by: (1) giving the electric utility 30 days' notice; and (2) specifying the new location for the facility along the right -of -way of the street." Notwithstanding the foregoing, issues regarding the relocation of Facilities should, if possible, be resolved by the parties prior to the execution of this Agreement and may require the execution of a separate agreement. 9. Billing and Payment. Company will invoice Customer directly for the contribution-in - aid -of- construction specified on the form entitled Request for Street Lighting Service, attached hereto as Exhibit "B" and any other charges for which Company's Tariff provides for direct billing by Company to Customer. Federal income taxes are due on contributions -in- aid -of- construction, pursuant to current internal Revenue Service ( "IRS ") rulings and regulations, unless Customer is eligible for an exemption available under applicable IRS regulations. To the extent such IRS rulings and regulations are modified in a manner that impacts the obligation of Customer to pay such federal income taxes, then the Parties shall implement such modified rulings and regulations on a prospective basis. All other charges associated with the Services provided by Company to Customer will be included on the bill or invoice that Customer receives from Customer's designated competitive retailer. 10. No Delegation of Authority. Customer does not by this Agreement delegate its authority or responsibility for the Facilities covered by this Agreement to Company but shall continue to hold full discretion to determine the policies and procedures regarding such Facilities. 170 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 4 of 7 Effective Date: July 1, 2011 Revision: One 11. Obstructions. Customer is responsible for removing all obstructions and trimming all trees that may interfere with the installation or construction of requested Facilities. After installation, Company is responsible for removing or trimming all trees that interfere with the distribution line providing service to the lighting facilities and Customer is responsible for removing or trimming all trees that interfere with the dispersion of light from the Facilities. 12. Outages. To the extent that Company is responsible for maintaining Facilities pursuant to this Agreement, Customer may report any Facilities requiring maintenance to Company via either of the following means: Internet: hftp: / /oncorstreetlight.com Telephone: 1 -BBB- 313 -4747 13. Permits. Customer will secure for Company all permits and consents necessary for the performance of this Agreement. 14. Notice. Except as provided in section 12 above, any notice required under this Agreement shall be forwarded to the following representatives of the parties: Customer: Company: CUSTOMER OPERATIONS / STREETLIGHT ADMINISTRATION ONCOR ELECTRIC DELIVERY COMPANY LLC 1616 WOODALL RODGERS FWY DALLAS, TX 75202 15. Prior Agreements for Street Lighting Service. This Agreement supersedes and amends all prior agreements for Street Lighting Service between Company and Customer. 16. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, Company and Customer and their respective successors and permitted assigns. Neither party shall assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party. Notwithstanding the foregoing, Company may, without the consent of Customer and upon five (5) days advance written notice, (a) transfer or assign this Agreement to an affiliate of Company, or (b) transfer or assign this Agreement to any person or entity succeeding to all or a substantial portion of the assets of Company. UPON AN ASSIGNMENT PURSUANT TO THIS SECTION, CUSTOMER AGREES THAT COMPANY SHALL HAVE NO FURTHER OBLIGATIONS REGARDING FUTURE PERFORMANCE HEREUNDER. 171 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 5 of 7 Effective Date: July 1, 2011 Revision: One This Agreement is effective this day of ,20—. [[INSERT CUSTOMER NAME]] BY: (TITLE) (DATE) BY: �lR2'l IINinI nAT T A 1 dW)QRv1 ONCOR ELECTRIC DELIVERY COMPANY LLC (TITLE) (DATE) 172 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 6 of 7 Effective Date: July 1, 2011 Revision: One EXHIBIT "A" WR Number: SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN ONCOR ELECTRIC DELIVERY COMPANY LLC AND DATED This Supplement ( "Supplement") to the Agreement for Street Lighting Service ( "Agreement "), is made and entered into this day of , 20_, by ONCOR Electric Delivery Company LLC and , ( "Customer") both hereinafter referred to as the "Parties." In consideration of the mutual promises and undertakings herein set forth, the Parties hereby agree to amend the Agreement as follows. 1. The following Request for Street Lighting Service is hereby added to the Agreement: Request for Street Lighting Service dated , attached hereto as Exhibit B. 2. This Supplement shall become effective upon execution by the Parties. 3. This Supplement is subject to the terms and conditions of the Agreement. 4. If Customer has arranged for its designated agent or representative ( "Customer's Agent ") to pay to Company the contribution -in- aid -of- construction ( "CIAC ") referenced in the Agreement, then Customer's Agent shall execute this Amendment for the sole purpose of establishing such agent's agreement to pay such CIAC. 5. Except as otherwise provided herein, the Agreement shall continue in full force and effect in accordance with its terms. IN WITNESS HEREOF, the Parties have caused this Supplement to be executed in several counterparts, each of which shall be deemed an original but all shall constitute one and the same instrument. ONCOR ELECTRIC DELIVERY COMPANY LLC By: [[INSERT CUSTOMER NAME11 By: Title: Date: Title: Date: For CIAC purposes only pursuant to Section (4) above. [[INSERT CUSTOMER'S AGENT'S NAME]] By: Title: Date: 173 r. r. O W r. � ro. Q EXHIBIT "B" REQUEST FOR STREET LIGHTING SERVICE Actions: A Addition R- Removal RL- Relocation S Service (Schedule D -Only) V J N � V > C N C N Q. �, O tll V d d ❑ > 0) 0 ❑ N i w tl1 � W H v C L u ro d Q d U N M W E o L � Il v �0 ro ro L Qr UJ E .. M L EL U a �+ a ui Q ESID l Premise Action Order required from CR to Energize — Yea /No {For New ESID Onl Quantily Wattage T ,pe Rate Schedule Identifying Luminairel Pole Type Location: FLN & Physical (See At ddress ached Sketch) Comments: 1. Customer or Developer agrees to pay Company contribution -in- aid -of- construction in the amount of $ 2. If Company is prevented from installing the requested facilities by any event of force majeure as defined in Section 5.2.4 of Company's Tariff for Retail Delivery Service, Company will return to Customer or Developer as appropriate, without interest, the entire amount of Customer or Developer's contribution-in-aid-of-construction payment, thereby terminating this supplement and Company's obligation to provide facilities requested herein. WR Number(s): Date: v r` Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 5.4 Rate Administration Sheet: 1 Applicable: As Listed Below Page 1 of 1 Effective Date: As Listed Below Revision: Two 6.4 Rate Administration 6.4.1 Cities in Which Rider UFCRF and the Agreement for Underground Facilities and Cost Recovery have been Approved CITY EFFECTIVE DATE Irving 11/01/2007 Sulphur Springs 0210512008 Sulphur Springs 09/28/2009 EFFECTIVE CITY DATE 175 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Appendix A Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: January 1, 2002 Revision: Original APPENDIX A AGREEMENT BETWEEN COMPANY AND COMPETITIVE RETAILER REGARDING TERMS AND CONDITIONS OF DELIVERY OF ELECTRIC POWER AND ENERGY (DELIVERY SERVICE AGREEMENT) Company and Competitive Retailer hereby agree that their relationship regarding the Delivery of Electric Power and Energy will be governed by the terms and conditions set forth in Company's Tariff approved by the Public Utility Commission of Texas (Commission). A copy of this Tariff may be obtained by contacting the Central Records Department of the Commission. I. Notices, bills, or payments required in Company's Tariff shall be delivered to the following addresses: FOR COMPANY Legal Name: Mailing Address: Phone Number: Fax Number: Email Address: Payment Address (both electronic and postal): Company may change such contact information through written notice to Competitive Retailer. FOR COMPETITIVE RETAILER Legal Name: Mailing Address: Phone Number: Fax Number: 176 Tariff for Retain Delivery Service Oncor Electric Delivery Company LLC Appendix A Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: January 1, 2002 Revision: Original Email Address: Billing Address (both electronic and postal): PUC Certificate Number: Competitive Retailer may change contact information through written notice to Company. A. DESIGNATION OF CONTACT FOR REPORTING OF OUTAGES, INTERRUPTIONS, AND IRREGULARITIES `Please place a check on the line beside the option selected. These options and attendant duties are discussed in Pro -Forma Tariff section 4.11.1. Competitive Retailer will direct Retail Customers to call Competitive Retailer to report outages, interruptions, and irregularities and will then electronically forward such information to Company. Competitive Retailer will direct Retail Customers to call Competitive Retailer to report outages, interruptions, and irregularities and will then forward such calls to Company at the following toll -free number: 1- 888 -313 -4747 Competitive Retailer will direct Retail Customers to directly call or contact Company to report outages, interruptions, and irregularities. Competitive Retailer will provide Retail Customer with the following Company supplied tol[4ree number for purposes of such reporting: 1- 888 -313 -4747 B. DESIGNATION OF CONTACT FOR MAKING SERVICE REQUESTS "Please place a check on the line beside the option selected. These options and attendant duties are discussed in Pro -Forma Tariff section 4.11.1. Competitive Retailer will direct Retail Customers to call Competitive Retailer to make service requests and will then electronically forward such information to Company. Competitive Retailer will direct Retail Customers to call Competitive Retailer to make service requests and will then forward such calls to Company at the following toll -free number: 1- 888 -313 -6862 177 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Appendix A Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: January 1, 2002 Revision: Original Competitive Retailer will direct Retail Customers to directly call or contact Company to make service requests. Competitive Retailer will provide Retail Customer with the following Company supplied toll -free number for purposes of making such requests. 1- 888 -313 -6862 III. TERM This Agreement shall commence upon the date of execution by both Parties (the "Effective Date ") and shall terminate upon, mutual agreement of the Parties or upon the earlier of the date (a) Competitive Retailer informs the Company that it is no longer operating as a Competitive Retailer in Company's service territory; (b) a new Delivery Service Agreement between the Parties hereto becomes effective; or (c) Competitive Retailer is no longer certified by the Commission as a Retail Electric Provider in Company's certificated service area. Termination of this Agreement, for any reason, shall not relieve Company or Competitive Retailer of any obligation accrued or accruing prior to such termination. IV. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. V. SIGNATURES Company (insert name) (legal signature) (date) Competitive Retailer (insert name) (legal signature) (date) 178 TARIFF FOR RETAIL DELIVERY SERVICE ONCOR ELECTRIC DELIVERY COMPANY LLC 1616 Woodall Rodgers Fwy Dallas, Texas 75202 -1234 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 1 of 7 Effective Date: January 1. 2012 Revision: Twelve CHAPTER 1: DEFINITIONS .......................................................................................... ..............................9 CHAPTER 2: DESCRIPTIONS OF COMPANY'S CERTIFIED SERVICE AREA ........ .............................15 CHAPTER 3: GENERAL SERVICE RULES & REGULATIONS ................................. .............................18 3.1. APPLICABILITY .............................................................................................. .............................18 3 .2 GENERAL ....................................................................................................... .............................18 3.3 DESCRIPTION OF SERVICE ......................................................................... .............................18 3.4 CHARGES ASSOCIATED WITH DELIVERY SERVICE ................................ .............................18 3.5 AVAILABILITY OF TARIFF ............................................................................ .............................19 3.6 CHANGES TO TARIFF ................................................................................... .............................19 3.7 NON - DISCRIMINATION .................................................................................. .............................19 3.8 FORM OF NOTICE .......................................................................................... .............................19 3.9 DESIGNATION OF COMPANY CONTACT PERSONS FOR MATTERS RELATING TO DELIVERYSERVICE ...................................................................................... .............................20 3.10 INVOICING TO STATE AGENCIES ............................................................... .............................20 3.11 GOVERNING LAWS AND REGULATIONS ................................................... .............................20 3.12 GOOD -FAITH OBLIGATION .......................................................................... .............................20 3.13 QUALITY OF DELIVERY SERVICE ............................................................... .............................20 3.14 COOPERATION IN EMERGENCIES .............................................................. .............................20 3.15 SUCCESSORS AND ASSIGNS ...................................................................... .............................21 3.16 EXERCISE OF RIGHT TO CONSENT ............................................................ .............................21 3.17 WAIVERS ............................................................................. ............................... ........21 3.18 NON- BUSINESS DAY DESIGNATIONS ........................................................ .............................21 3.19 PUBLIC SERVICE NOTICE ............................................................................ .............................21 3 .20 HEADINGS ...................................................................................................... .............................21 i% Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 2 of 7 Effective Date: January 1, 2012 Revision: Twelve CHAPTER 4: SERVICE RULES AND REGULATIONS RELATING TO ACCESS TO DELIVERY SYSTEM OF COMPANY BY COMPETITIVE RETAILERS .............................22 4.1 GENERAL SERVICE RULES AND REGULATIONS ..................................... .............................22 4.1.1 APPLICABILITY OF CHAPTER ............................................................. .............................22 4.1.2 REQUIRED NOTICE ............................................................................. .............................22 4.2 LIMITS ON LIABILITY .................................................................................... .............................22 4.2.1 LIABILITY BETWEEN COMPANY AND COMPETITIVE RETAILERS . .............................22 4.2.2 LIMITATION OF DUTY AND LIABILITY OF COMPETITIVE RETAILER ...........................22 4.2.3 DUTY TO AVOID OR MITIGATE DAMAGES ....................................... .............................23 4.2.4 FORCE MAJEURE ................................................................................ .............................23 4.2.5 EMERGENCIES AND NECESSARY INTERRUPTIONS ...................... .............................23 4.2.6 LIMITATION OF WARRANTIES BY COMPANY ................................... .............................23 4.3 SERVICE .......................................................................................... ............................... .....24 4 .3.1 ELIGIBILITY ........................................................................................... .............................24 4.3.2 INITIATION OF DELIVERY SYSTEM SERVICE (SERVICE CONNECTION) ................... 24 4.3.2.1 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED ........................................................................... .............................24 4.3.2.2 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES AREREQUIRED .................................................................................... .............................25 4.3.3 REQUESTS FOR DISCRETIONARY SERVICES INCLUDING CONSTRUCTION SERVICES............................................................................................. .............................25 4.3.4 CHANGING OF DESIGNATED COMPETITIVE RETAILER ................. .............................25 4.3.5 SWITCHING FEE ................................................................................... .............................26 4.3.6 IDENTIFICATION OF THE PREMISES AND SELECTION OF RATE SCHEDULES .......26 4.3.7 PROVISION OF DATA BY COMPETITIVE RETAILER TO COMPANY ............................27 4.3.8 SUSPENSION OF DELIVERY SERVICE .............................................. .............................27 4.3.8.1 SUSPENSIONS WITHOUT PRIOR NOTICE ........................................ .............................27 4.3.9 CRITICAL CARE/CHRONIC CONDITION /CRITICAL LOAD CUSTOMER DESIGNATION .................................................... ............................... ...28 ............................. 4.3.9.1 CRITICAL CARE OR CHRONIC CONDITION RESIDENTIAL CUSTOMER STATUS .....28 4.3.9.2 CRITICAL LOAD INDUSTRIAL CUSTOMER OR CRITICAL LOAD PUBLIC SAFETY ..... 28 4.3.9.3 OTHER COMPANY RESPONSIBILITIES ............................................. .............................28 4.3.10 NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY I NTERRUPTIONS .................................................................................. .............................28 4.3.11 RESTORATION OF DELIVERY SERVICE ........................................... .............................29 4.3.12 DISCONNECTION OF SERVICE TO RETAIL CUSTOMER'S FACILITIES AT THE REQUEST OF COMPETITIVE RETAILER ........................................... .............................29 4 .3.12.1 MOVE OUT REQUEST ......................................................................... .............................29 4.3.12.2 DISCONNECTION DUE TO NON - PAYMENT OF COMPETITIVE RETAILER CHARGES; RECONNECTION AFTER DISCONNECTION .................. .............................30 4.3.13 CUSTOMER REQUESTED CLEARANCE ............................................ .............................30 4.4 BILLING AND REMITTANCE ......................................................................... .............................31 4.4.1 CALCULATION AND TRANSMITTAL OF DELIVERY SERVICE INVOICES ....................31 4.4.2 CALCULATION AND TRANSMITTAL OF CONSTRUCTION SERVICE CHARGES ........31 4.4.3 INVOICE CORRECTIONS ..................................................................... .............................31 4.4.4 BILLING CYCLE ................................... ............................... ...........32 ..... ............................... Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 3 of 7 Effective D a t e: Ja 1, 2012 Revision: Twelve 4.4.5 REMITTANCE OF INVOICED CHARGES ............................................ .............................32 4.4.6 DELINQUENT PAYMENTS ................................................................... .............................33 4.4.7 PARTIAL PAYMENTS ........................................................................... .............................33 4.4.8 INVOICE DISPUTES ............................................... ............................... ......33 ...................... 4.4.9 SUCCESSOR COMPETITIVE RETAILER ................... ............................... ...34 .................... 4.5 SECURITY DEPOSITS AND CREDITWORTHINESS .................................... .............................34 4.5.1 SECURITY RELATED TO TRANSITION CHARGES ........................... .............................34 4.5.2 SECURITY RELATED TO OTHER DELIVERY CHARGES .................. .............................34 4.5.2.1 DEPOSIT REQUIREMENTS ................................................................. .............................34 4.5.2.2 SIZE OF DEPOSIT ................................................................................ .............................35 4.5.2.3 FORM OF DEPOSIT .............................................................................. .............................35 4.5.2.4 INTEREST ............................................................................................. .............................35 4.5.2.5 HISTORICAL DEPOSIT INFORMATION .............................................. .............................35 4.5.2.6 REFUND OF DEPOSIT ......................................................................... .............................35 4.6 DEFAULT AND REMEDIES ON DEFAULT ................................................... .............................36 4.6.1 COMPETITIVE RETAILER DEFAULT .................................................. .............................36 4.6.2 REMEDIES ON DEFAULT .................................................................... .............................36 4.6.2.1 DEFAULT RELATED TO FAILURE TO REMIT PAYMENT OR MAINTAIN REQUIRED SECURITY.................•........................................................................... .............................36 4.6.2.2 DEFAULT RELATED TO FAILURE TO SATISFY OBLIGATIONS UNDER TARIFF ........37 4.6.2.3 DEFAULT RELATED TO DE- CERTIFICATION ............................. 4.6.3 CURE OF DEFAULT ............................................................................. .............................37 4.7 MEASUREMENT AND METERING OF SERVICE ......................................... .............................37 4.7.1 MEASUREMENT ...............................................•................................... .............................37 4 .7.2 METER READING ................................................................................. .............................38 4.7.2.1 DENIAL OF ACCESS BY RETAIL CUSTOMER ................................... .............................38 4.7.2.2 ESTIMATES FOR REASONS OTHER THAN FOR DENIAL OF ACCESS BY RETAIL CUSTOMER........................................................................................... .............................39 4.7.3 REPORTING MEASUREMENT DATA .................................................. .............................39 4.7.4 METER TESTING .................................................................................. .............................39 4.7.5 INVOICE ADJUSTMENT DUE TO METER INACCURACY, METER TAMPERING AND THEFT.................................................................................................... .............................40 4.8 DATA EXCHANGE ......................................................................................... .............................40 4.8.1 DATA FROM METER READING .............................................................. ..........................40 4.8.1.1 DATA RELATED TO INTERVAL METERS ......................... 4.8.1.2 DATA REPORTED BY VOLUMETRIC (KWH) METERS ...................... .............................41 4.8.1.3 OUT -OF -CYCLE METER READS ......................................................... .............................41 4.8.1.4 ESTIMATED USAGE ......................•...................................................... .............................42 4.8.1.5 METER/BILLING DETERMINANT CHANGES ...................................... .............................42 4.8.2 DATA FOR UNMETERED LOADS.......... .............................................. .............................43 4.8.3 ADJUSTMENTS TO PREVIOUSLY TRANSMITTED DATA ................. .............................43 4.8.4 DATA EXCHANGE PROTOCOLS ......................................................... .............................43 4.9 DISPUTE RESOLUTION PROCEDURES ...................................................... .............................44 4.9.1 COMPLAINT PROCEDURES ................................................................ .............................44 4.9.2 COMPLAINT WITH REGULATORY AUTHORITY ................................ .............................44 4 .10 SERVICE INQUIRIES ...................................................................................... .............................44 4 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 4 of 7 Effective Date: January 1, 2012 Revision: Twelve 4.11 OUTAGE AND SERVICE REQUEST REPORTING ....................................... .............................45 4.11.1 NOTIFICATION OF INTERRUPTIONS, IRREGULARITIES, AND SERVICE REQUESTS........................................................................................... .............................45 4.11.2 RESPONSE TO REPORTS OF INTERRUPTIONS AND REPAIR REQUESTS ...............46 CHAPTER 5: SERVICE RULES AND REGULATIONS RELATING TO THE PROVISION OF DELIVERY SERVICE TO RETAIL CUSTOMERS .................................................... .............................47 5.1 GENERAL ....................................................................................... ............................... .....47 5.1.1 APPLICABILITY OF CHAPTER ............................................................. .............................47 5.1.2 COMPANY CONTACT INFORMATION ................................................ .............................47 5.2 LIMITS ON LIABILITY .................................................................................... .............................47 5.2.1 LIABILITY BETWEEN COMPANY AND RETAIL CUSTOMERS .......... .............................47 5.2.2 LIMITATION OF DUTY AND LIABILITY OF COMPETITIVE RETAILER ...........................47 5.2.3 DUTY TO AVOID OR MITIGATE DAMAGES ....................................... .............................48 5.2.4 FORCE MAJEURE ................................................................................ .............................48 5.2.5 EMERGENCIES AND NECESSARY INTERRUPTIONS ...................... .............................48 5.2.6 LIMITATION OF WARRANTIES BY COMPANY ................................... .............................49 5.3 SERVICE .................................................................................................................................. . . . . 4a 5.3.1 INITIATION OF DELIVERY SYSTEM SERVICE (SERVICE CONNECTION) ................... 49 5.3.1.1 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED ........................................................................... .............................49 5.3.1.2 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES AREREQUIRED .................................... ............................................................................. 50 5.3.2 REQUESTS FOR CONSTRUCTION SERVICES .............................................................. 50 5.3.3 CHANGING OF DESIGNATED COMPETITIVE RETAILER ................. .............................50 5.3.4 SWITCHING FEES AND SWITCHOVERS ........................................... .............................50 5.3.5 IDENTIFICATION OF THE PREMISES AND SELECTION OF RATE SCHEDULES .......50 5.3.6 CHANGES IN RATE SCHEDULES ....................................................... .............................51 5.3.7 SUSPENSION OF SERVICE ................................................................. .............................52 5.3.7.1 SUSPENSIONS WITHOUT PRIOR NOTICE ........................................ .............................52 5.3.7.2 NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY INTERRUPTIONS .................................................................................. .............................52 5.3.7.3 RESTORATION OF SERVICE .............................................................. .............................53 5.3.7.4 PROHIBITED SUSPENSION OR DISCONNECTION ........................... .............................53 5.3.8 DISCONNECTION AND RECONNECTION OF SERVICE TO RETAIL CUSTOMER'S FACILITIES............................................................................................ .............................54 5.4 ELECTRICAL INSTALLATION AND RESPONSIBILITIES ........................... .............................54 5.4.1 RETAIL CUSTOMER'S ELECTRICAL INSTALLATION AND ACCESS ............................54 5.4.2 INSPECTION AND APPROVAL OF RETAIL CUSTOMER'S ELECTRICAL INSTALLATION...................................................................................... .............................54 5.4.3 LOCATION OF POINT OF DELIVERY AND RETAIL CUSTOMER'S ELECTRIC INSTALLATION.................................................................................... ............................... 55 5.4.4 CONNECTION OF RETAIL CUSTOMER'S ELECTRICAL INSTALLATION TO COMPANY FACILITIES............................................................................................ .............................55 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 5 of 7 Effective Date: January 1, 2012 Revision: Twelve 5.4.5 PROVISIONS FOR COMPANY FACILITIES AND EQUIPMENT AND THE METER........ 55 5.4.6 RETAIL CUSTOMER'S DUTY REGARDING COMPANY'S FACILITIES ON RETAIL CUSTOMER'S PREMISES .................................................................... .............................55 5.4.7 UNAUTHORIZED USE OF DELIVERY SYSTEM .......... ............................... 5.4.8 ACCESS TO RETAIL CUSTOMER'S PREMISES ................................ .............................56 5.5 RETAIL CUSTOMER'S ELECTRICAL LOAD ................................................ .............................57 5.5.1 LOAD BALANCE ...........................•........................................................ .............................57 5.5.2 INTERMITTENT ELECTRICAL LOADS AND LIMITATIONS ON ADVERSE EFFECTS ..57 5.5.3 EQUIPMENT SENSITIVE TO VOLTAGE AND WAVE FORMS ........... .............................57 5.5.4 CHANGE IN RETAIL CUSTOMER'S ELECTRICAL LOAD .................. .............................57 5.5.5 POWER FACTOR .................................................................................. .............................58 5.5.6 TESTING OF RETAIL CUSTOMER EQUIPMENT ................................ .............................58 5.6 LIMITATIONS ON USE OF DISTRIBUTION SERVICE ................................. .............................59 5.6.1 INTRASTATE RETAIL DELIVERY SERVICE LIMITATIONS (FOR ERCOT UTILITIES)..59 5.6.2 PARALLEL OPERATION ....................................................................... .............................59 5.7 FACILITIES EXTENSION POLICY ................................................................. .............................59 5.7.1 GENERAL .............................................................................................. .............................59 5.7.2 CONTRACTUAL ARRANGEMENTS ..................................................... .............................59 5.7.3 PROCESSING OF REQUESTS FOR CONSTRUCTION OF DELIVERY SYSTEM .........60 5.7.4 ALLOWANCE FOR FACILITIES ............................................................ .............................60 5.7.5 NON - STANDARD FACILITIES .............................................................. .............................60 5.7.6 CUSTOMER REQUESTED FACILITY UPGRADES ............................. .............................61 5.7.7 TEMPORARY DELIVERY SYSTEM ...................................................... .............................61 5.7.6 REMOVAL AND RELOCATION OF COMPANY'S FACILITIES AND METERS ................61 5.7.9 DISMANTLING OF COMPANY'S FACILITIES ...................................... .............................61 5.8 BILLING AND REMITTANCE ......................................................................... .............................61 5.8.1 BILLING OF DELIVERY CHARGES ...................................................... ..............:..............61 5.8.2 BILLING TO RETAIL CUSTOMER BY COMPANY ............................... .............................62 5.9 DEFAULT AND REMEDIES ON DEFAULT ................................................... .............................62 5.9.1 COMPANY REMEDIES ON DEFAULT BY COMPETITIVE RETAILER ............................62 5.10 METER ............................................................................................................ .............................62 5.10.1 METERING PRACTICES ...................................................................... .............................62 5.10.2 RETAIL CUSTOMER RESPONSIBILITY AND RIGHTS ....................... .............................62 5 .10.2.1 REQUIREMENTS .................................................................................. .............................63 5.10.3 METERING OF RETAIL CUSTOMER'S INSTALLATION IN MULTI- METERED BUILDINGS ............................................................. .............................63 5.10.4 LOCATION OF METER ......................................................................... .............................63 5.10.5 NON - COMPANY OWNED METERS ..................................................... .............................64 5.11 RETAIL CUSTOMER INQUIRIES ................................................................... .............................65 5.11.1 SERVICE INQUIRIES ............................................................................ .............................65 5 .11.2 COMPLAINTS ........................................................................................ .............................65 5.11.3 BILLING INQUIRIES .............................................................................. .............................65 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 6 of 7 Effective Date: January 1, 2012 Revision: Twelve 5.12 OUTAGE REPORTING ................................................................................... .............................66 5.12.1 NOTIFICATION OF INTERRUPTIONS, IRREGULARITIES, AND SERVICE REPAIR REQUESTS........................................................................................... .............................66 5.12.2 RESPONSE TO REPORTS OF INTERRUPTIONS AND REPAIR REQUESTS ...............66 CHAPTER 6: COMPANY SPECIFIC ITEMS ................................................................ .............................67 6 .1 RATE SCHEDULES ........................................................................................ .............................67 6.1.1 DELIVERY SYSTEM CHARGES... ..................................................................................... 67 6.1.1.1 CHARGES FOR TRANSMISSION AND DISTRIBUTION SYSTEM SERVICE ...............67 6.1.1.1.1 RESIDENTIAL SERVICE ....................................................................... .............................67 6.1.1.1.2 SECONDARY SERVICE LESS THAN OR EQUAL TO 10 KW ............. .............................69 6.1.1.1.3 SECONDARY SERVICE GREATER THAN 10 KW ............................. .............................71 6.1.1.1.4 PRIMARY SERVICE LESS THAN OR EQUAL TO 10 KW ................... .............................74 6.1.1.1.5 PRIMARY SERVICE GREATER THAN 10 KW - DISTRIBUTION LINE ............................75 6.1.1.1.6 PRIMARY SERVICE GREATER THAN 10 KW - SUBSTATION .......... .............................77 6.1.1.1.7 TRANSMISSION SERVICE .................................................................. .............................79 6 .1.1.1.8 LIGHTING SERVICE ............................................................................. .............................81 6 .1.1.2 SCHEDULE TC .................................................................................... .............................88 6.1.1.2.1 RIDER TC1 - TRANSITION CHARGE .................................................. .............................88 6.1.1.2.2 RIDER TC2 - TRANSITION CHARGE .................................. ............................... .......95 6 .1.1.3 CTC ...................................................................... ....................... ........ ............................102 6.1.1.3.1 RIDER CTC - COMPETITIVE TRANSITION CHARGE ...................... ............................102 6.1.1.4 CHARGES FOR SBF .......................................... ............................... ............................103 6.1.1.4.1 RIDER SBF - SYSTEM BENEFIT FUND CHARGE ............................ ............................103 6.1.1.5 CHARGES FOR NUCLEAR DECOMMISSIONING .......................... ............................104 6.1.1.5.1 RIDER NDC - NUCLEAR DECOMMISSIONING CHARGES ............. ............................104 6 .1.1.6 OTHER CHARGES .............................................. ............................... ............................105 6.1.1.6.1 RIDER TRANSMISSION COST RECOVERY FACTOR (TCRF) ......... ............................105 6.1.1.6.2 RIDER CMC - COMPETITIVE METERING CREDIT ............. ............................... ......108 6.1.1.6.3 RIDER EECRF - ENERGY EFFICIENCY COST RECOVERY FACTOR ........................109 6.1.1.6.4 RIDER AMCRF - ADVANCED METERING COST RECOVERY FACTOR ....................111 6.1.1.6.5 RIDER RCE - RATE CASE EXPENSE SURCHARGE ........................ ............................112 6.1.1.6.6 RIDER SCUD - STATE COLLEGES & UNIVERSITIES DISCOUNT ... ............................113 6.1.1.6.7 RIDER RS - REGULATORY SURCHARGE .......... ............................... ............................114 6.1.2 DISCRETIONARY SERVICE CHARGES .............. ............................... ............................115 6.12.1 STANDARD DISCRETIONARY SERVICES ....... ............................... ............................115 6.1.2.2 DISCRETIONARY CHARGES - CONSTRUCTION SERVICE .......... ............................121 6.1.2.3 DISCRETIONARY CHARGES - OTHER THAN CONSTRUCTION SERVICE CHARGES ........................................................... ............................... ............................127 6.1.2.4 DISTRIBUTED GENERATION ............................ ............................... ............................130 6.2 COMPANY- SPECIFIC TERMS AND CONDITIONS ...... ............................... ............................131 6.2.1 DEFINITIONS .......................................................... ............................... ............................131 6.2.2 STANDARD VOLTAGES ........................................ ............................... ............................133 6.2.3 ADDITIONAL DELIVERY SERVICE INFORMATION ............................ ............................134 6.2.4 ADDITIONAL DISCRETIONARY SERVICE INFORMATION ................ ............................135 6.3 AGREEMENTS AND FORMS ......................................... ............................... ............................136 6.3.1 FACILITIES EXTENSION AGREEMENT .............. ............................... ............................136 6.3.2 TRANSMISSION /SUBSTATION FACILITY EXENSION AGREEMENT ..........................138 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Table of Contents Applicable: Entire Certified Service Area Page 7 of 7 Effective Date: January 1, 2012 Revision: Twelve 6.3.3 APPLICATION FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION WITH THE UTILITY SYSTEM ............. ............................140 6.3.4 AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION ........................... ............................... ............................142 6.3.5 DISCRETIONARY SERVICE AGREEMENT ............ ............................... ............................147 6.3.6 EASEMENT AND RIGHT OF WAY (FORM 50.2000) ............................. ............................149 6.3.7 EASEMENT AND RIGHT OF WAY (FORM 50.2100) ............................. ............................151 6.3.8 EASEMENT AND RIGHT OF WAY (FORM 50.3200) ............................. ............................152 6.3.9 EASEMENT AND RIGHT OF WAY (FORM 50.3400) ............................. ............................153 6.3.10 EASEMENT AND RIGHT OF WAY (FORM 50.3500) ............................ ............................154 6.3.11 EASEMENT AND RIGHT OF WAY (FORM 50.3700) ...................... ............155 6.3.12 GRANT OF EASEMENT (VETERAN'S LAND BOARD) ......................... ............................156 6.3.13 GRANT OF EASEMENT (VETERAN'S LAND BOARD) ......................... ............................158 6.3.14 AGREEMENT AND TERMS AND CONDITIONS FOR PULSE METERING EQUIPMENT INSTALLATION .................................. ............................... ............................160 6.3.15 AGREEMENT FOR METER OWNERSHIP AND /OR ACCESS FOR NON - COMPANY OWNEDMETERS ......................................................................... .......................... . .. .. ........ 6.3.16 COMPETITIVE METERING LETTER OF AGENCY . ............................... ............................167 6.3.17 AGREEMENT FOR STREET LIGHTING SERVICE . ............................... ............................169 6.4 RATE ADMINISTRATION ......................................... ............................... ............................176 6.4.1 CITIES IN WHICH RIDER UFCRF AND THE AGREEMENT FOR UNDERGROUND FACILITIES AND COST RECOVERY HAVE BEEN APPROVED .... ............................176 APPENDIX .................................................................................. ............................... ............................177 AGREEMENT BETWEEN COMPANY AND COMPETITIVE RETAILER REGARDING TERMS AND CONDITIONS OF DELIVERY OF ELECTRIC POWER AND ENERGY (DELIVERY SERVICE AGREEMENT) .............................................................................. ............................... ............................177 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 1 of 6 Effective Date: July 1, 2010 Revision: Four Chapter 1: Definitions The following definitions apply to Company's Tariff for Delivery Service, including the service rules and regulations, policies, Rate Schedules and Riders, and to any Service Agreements made pursuant to the Tariff, unless specifically defined otherwise therein. ACTUAL METER READING. A Meter Reading whereby Company has collected information from the Meter either manually or through a direct reading, through telemetry, or other electronic communications. AFFILIATED RETAIL ELECTRIC PROVIDER. A retail electric provider that is affiliated with or the successor in interest of an electric utility certificated to serve an area. APPLICABLE LEGAL AUTHORITIES. A Texas or federal law, rule, regulation, or applicable ruling of the Commission or any other regulatory authority having jurisdiction, an order of a court of competent jurisdiction, or a rule, regulation, applicable ruling, procedure, protocol, guide or guideline the Independent Organization, or any entity authorized by the Independent Organization to perform registration or settlement functions. BANKING HOLIDAY. Any day on which the bank designated by Company as the repository for payment of funds due to Company under this Tariff is not open for business. BILLING DEMAND. Demand used for billing purposes as stated in the applicable Rate Schedule or Rider. BILLING DETERMINANTS. Measured, calculated, or specified values used to determine Company's Delivery Charges that can be transmitted to the CR on an approved TX SET electronic transaction. These values may include, but are not limited to, measurements of kilowatt-hours (kWh), actual monthly Non - Coincident Peak (NCP) Demand, annual NCP Demand, annual 4 -CP Demand (coincident peak for four summer months), Billing Demand, Power Factor, fixed charges, number of lamps, Rate Schedules, and rate subclass. BUSINESS DAY. Any day on which Company's corporate offices are open for business. CENTRAL PREVAILING TIME, CPT. As established by national time standards, either Central Standard Time or Central Day -Light time. CODES. Federal, state, or local laws, or other rules or regulations governing electrical installations. COMMISSION, PUC, or PUCT. The Public Utility Commission of Texas. COMPANY. The transmission and distribution utility providing Delivery Service pursuant to this Tariff, and its respective officers, agents, employees, successors, and assigns. COMPANY'S DELIVERY SYSTEM. The portion of the Delivery System that is owned by Company. COMPETITIVE RETAILER (CR). A Retail Electric Provider, or a Municipally Owned Utility, or an Electric Cooperative that offers customer choice in the restructured competitive electric power market or any other entity authorized to provide Electric Power and Energy in Texas. For purposes of this Tariff, a Municipally Owned Utility or an Electric Cooperative is only considered a Competitive Retailer where it sells retail Electric Power and Energy outside its certified service territory. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 2 of 6 Effective Date: July 1, 2010 Revision: Four CONSTRUCTION SERVICE. Services related to the construction, extension, installation, modification, repair, upgrade, conversion, relocation, or removal of Delivery System facilities, including temporary facilities. CONSTRUCTION SERVICE CHARGE. Commission authorized charges to recover costs associated with Construction Services. DELIVERY. The movement of Electric Power and Energy through Company's electric lines and other equipment, including transformers, from the Point of Supply to the Point of Delivery. DELIVERY CHARGES. Commission authorized rates and charges for the use of Company's Delivery System. Delivery Charges comprise Delivery System Charges and Discretionary Charges. DELIVERY SERVICE. The service performed by Company pursuant to this Tariff for the Delivery of Electric Power and Energy. Delivery Service comprises Delivery System Services and Discretionary Services. DELIVERY SERVICE AGREEMENT. The standard, pro -forma document set forth in this Tariff in which Company and Competitive Retailer agree to be bound by the terms and conditions of Company's Tariff. DELIVERY SYSTEM. The electric lines, and other equipment, including transformers, owned by Company and the Meters, including Non - Company Owned Meters, used in the Delivery of Electric Power and Energy. DELIVERY SYSTEM CHARGES. Commission authorized charges to recover costs associated with Delivery System Services. DELIVERY SYSTEM SERVICES. Delivery Services whose costs are attributed to all Retail Customers that receive Delivery Service from Company and charged to Competitive Retailers serving Retail Customers under the Rate Schedules specified in Section 6.1.1, DELIVERY SYSTEM CHARGES. Delivery System Services are all Tariffed Delivery Services provided by Company that are not specifically defined as Discretionary Services. DEMAND. The rate at which electric energy is used at any instant or averaged over any designated period of time and which is measured in kW or kVA. DISCRETIONARY CHARGES. Commission authorized charges to recover costs associated with Discretionary Services. DISCRETIONARY SERVICES. Customer - specific services for which costs are recovered through separately priced Rate Schedules specified in Chapter 6. ELECTRIC COOPERATIVE. An electric cooperative as defined in PURA §11.003(9). ELECTRIC POWER AND ENERGY. The kWh, the rate of Delivery of kWh, and ancillary services related to kWh that a Competitive Retailer provides to Retail Customers. ELECTRIC SERVICE IDENTIFIER or ESI ID. The basic identifier assigned to each Point of Delivery used in the registration system and settlement system managed by ERCOT or another Independent Organization. ERCOT. The Electric Reliability Councii of Texas, Inc. 10 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 3 of 6 Effective Date: July 1, 2010 Revision: Four ESTIMATED METER READING. The process by which Billing Determinants are estimated when an Actual Meter Reading is not obtained. FACILITY EXTENSION POLICY. The Company policy that covers such activities as extensions of standard facilities, extensions of non - standard facilities, extensions of facilities in excess of facilities normally provided for the requested type of Delivery Service, upgrades of facilities, electric connections for temporary services, and relocation of facilities. FACILITY EXTENSION AGREEMENT. The Service Agreement pursuant to this Tariff that must be executed by Company and the entity (either a Retail Customer or Retail Electric Provider) requesting certain Construction Services before Company can provide such Construction Services to the requesting entity. GOOD UTILITY PRACTICE. This term will have the meaning ascribed thereto in P.U.C. SussT. R. 25.5, Definitions, or its successor. HOME AREA NETWORK (HAN) PROVISIONED METER. An advanced meter as defined in P.U.C. SuBST. R. 25.130, Advanced Metering, that has been deployed by the Company, and for which the HAN communications are operational. INDEPENDENT ORGANIZATION or 10. The organization authorized to perform the functions prescribed by PURA §39.151. KILOVOLT AMPERES or kVA. 1000 Volt- Amperes. KILOWATT or kW. 1000 Watts. KILOWATT -HOUR or kWh. 1000 Watt- hours. LOAD FACTOR. The ratio, usually stated as a percentage, of actual kWh used during a designated time period to the maximum kW of Demand times the number of hours occurring in the designated time period. METER or BILLING METER. A device, or devices for measuring the amount of Electric Power and Energy delivered to a particular location for Company billing, CR billing and as required by ERCOT. Meters for residential Retail Customers shall be Company owned unless otherwise determined by the Commission. Commercial and industrial Retail Customers required by the Independent Organization to have an [DR Meter may choose a Meter Owner in accordance with P.U.C. SuBST. R. 25.311, Competitive Metering Services and other Applicable Legal Authorities. METER DATA. All data contained within the Meter. METER OWNER. Entity authorized by the Retail Customer to own the Meter. Entity could be Retail Customer, Competitive Retailer, or other entity designated by the Retail Customer as permitted by Applicable Legal Authorities. If the Retail Customer is not eligible for competitive metering or does not choose to participate in competitive metering the Meter Owner shall be Company. METER READING. The process whereby Company collects the information recorded by Meter. Such reading may be obtained manually, through telemetry or other electronic communications, or by estimation, calculation or conversion in accordance with the procedures and practices authorized under this Tariff. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 4 of 6 Effective Date: Ju ly 1, 201 Revision: Four METER READING SCHEDULE. No later than December 15 of each calendar year, Company shall post its schedule for reading each meter on its website so that Competitive Retailers and Retail Customers may access it. Company shall notify Competitive Retailer of any changes to this schedule 60 days prior to the proposed change. Company is responsible for reading the Meter within two Business Days of the date posted in this schedule. METERING EQUIPMENT. Required auxiliary equipment that is owned by Company and used with the billing meter to accurately measure the amount of Electric Power and Energy delivered. Metering equipment under this definition does not include communication, storage, and equipment necessary for customer access to data. MUNICIPALLY OWNED UTILITY. A utility owned, operated, and controlled by a municipality or by a nonprofit corporation, the directors of which are appointed by one or more municipalities, as defined in PURA §11.003(11). NON- COMPANY OWNED METER. A Meter on the ERCOT- approved competitive Meter list that is owned by an entity other than the Company. Unless otherwise expressly provided herein, a Non - Company Owned Meter shall be treated under this Tariff as if it were a Meter owned by the Company. POINT OF DELIVERY. The point at which Electric Power and Energy leaves the Delivery System. POINT OF SUPPLY. The point at which Electric Power and Energy enters the Delivery System. POWER FACTOR. The ratio of real power, measured in kW, to apparent power, measured in kVA, for any given load and time, generally expressed as a percentage. PREMISES. A tract of land or real estate or related commonly used tracts, including buildings and other appurtenances thereon. PROVIDER OF LAST RESORT (POLR). A REP certified in Texas that has been designated by the Commission to provide a basic, standard retail service package to requesting or default customers. PURA. Public Utility Regulatory Act, TEXAS UTILITIES CODE ANNOTATED. RATE SCHEDULE. A statement of the method of determining charges for Delivery Service, including the conditions under which such charges and method apply. As used in this Tariff, the term Rate Schedule includes all applicable Riders. REGISTRATION AGENT. Entity designated by the Commission to administer settlement and Premises data and other processes concerning a Retail Customer's choice of Competitive Retailer in the competitive retail electric market in Texas. RETAIL CUSTOMER. An end -use customer who purchases Electric Power and Energy and ultimately consumes it. Whenever used in the context of Construction Services, the term Retail Customer also includes property owners, builders, developers, contractors, governmental entities, or any other organization, entity, or individual that is not a Competitive Retailer making a request for such services to the Company. RETAIL CUSTOMER'S ELECTRICAL INSTALLATION. All conductors, equipment, or apparatus of any kind on Retail Customer's side of the Point of Delivery, except the Meter and Metering Equipment, used by or on behalf of Retail Customer in taking and consuming Electric Power and Energy delivered by Company. 12 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 5 of 6 Eff ective Date July 1, 2010 Revision: Four RETAIL CUSTOMER'S ELECTRICAL LOAD. The power and energy required by all motors and other electricity- consuming devices located on Retail Customer's Premises that are operated simultaneously using Electric Power and Energy delivered by Company. RETAIL ELECTRIC PROVIDER or REP. As defined in PURA §31.002(17), a person, certificated pursuant to PURA §39.352, that sells Electric Power and Energy to Retail Customers. RETAIL SEASONAL AGRICULTURAL CUSTOMER. A customer whose Demand is subject to significant seasonal variation and that is primarily engaged in producing crops or processing crops subsequent to their harvest to prepare or store them for market or other processing, including, but not limited, to cotton ginning, irrigation, and the drying or storing of rice and grain. To be qualified as an irrigation customer under this definition, the pumping load must be for water that is used to raise agricultural crops. RIDER. An attachment to a Rate Schedule that defines additional service options, pricing, conditions, and limitations for that class of service. SCHEDULED METER READ DATE. Date Company is scheduled to read the Meter according to the Meter Reading Schedule. SERVICE AGREEMENT. Any Commission- approved agreement between Company and a Retail Customer or between Company and a Competitive Retailer, which sets forth certain information, terms, obligations and/or conditions of Delivery Service pursuant to the provisions of this Tariff. SERVICE CALL. The dispatch of a Company representative to a Delivery Service address or other designated location for investigation of a complete or partial service outage, irregularity, interruption or other service related issue. SETTLEMENT PROVISIONED METER. An advanced meter as defined in P.U.C. SUSST. R. 25.130, Advanced Metering, that has been deployed by the Company, and for which 15- minute interval data is sent to and accepted by ERCOT for settlement purposes. SWITCHING FEE. Any fee or charge assessed to any Retail Customer or Competitive Retailer upon switching the Competitive Retailer that does not relate to recovering any utility cost or expenses already included in Commission - approved Delivery Charges included in Chapter 6 of this Tariff. TAMPER or TAMPERING. Any unauthorized alteration, manipulation, change, modification, or diversion of the Delivery System, including Meter and Metering Equipment, that could adversely affect the integrity of billing data or the Company's ability to collect the data needed for billing or settlement. Tampering includes, but is not limited to, harming or defacing Company facilities, physically or electronically disorienting the Meter, attaching objects to the Meter, inserting objects into the Meter, altering billing and settlement data or other electrical or mechanical means of altering Delivery Service. TARIFF. The document filed with, and approved by, the PUC pursuant to which Company provides Delivery Service. It is comprised of Rate Schedules, Riders, and service rules and regulations. The service rules and regulations include definitions, terms and conditions, policies, and Service Agreements. TEXAS SET, TX SET or SET. A Standard Electronic Transaction as defined by the protocols adopted by the Commission or the Independent Organization. TRANSITION CHARGES or TC. Charges established pursuant to a financing order issued by the Commission. 13 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 1: Definitions Applicable: Entire Certified Service Area Page 6 of 6 Effective Date: July 1, 2010 Revision: Four VALID INVOICE. An invoice transaction that contains all the information required by TX SET and is in compliance with TX SET standards as set forth in the TX SET Implementation Guides and Commission rules, and have not been rejected in accordance with the TX SET Implementation Guides and Commission Rules. 14 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 2: Descriptions of Companys Certified Service Area Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: September 17, 200 Revision: Two Chapter 2: Descriptions of Company's Certified Service Area 2.0 Utility Operations Oncor Electric Delivery Company LLC is an electric utility engaged in the transmission and distribution of electricity wholly within the State of Texas. 2.1 Cities Previously Served by TXU Electric Abbott Canton Elgin Ackerly Carbon Elkhart Addison Carrollton Emhouse Aledo Cashion Community Enchanted Oaks Allen Cedar Hill Ennis Alma Celina Euless Alvarado Centerville Eureka Alvord Chandler Eustace Andrews Chico Everman Angus Chireno Fairview (Collin Co.) Anna Clarksville Fanners Branch Annetta Cleburne Fate Annetta North Coahoma Ferris Annetta South Cockrell Hill Florence Annona Colleyville Flower Mound Appleby Collinsville Forest Hill Archer City Colorado City Forney Argyle Comanche Forsan Arlington Commerce Fort Worth Athens Como Frisco Aurora Cool Frost Austin Cooper Gainesville Azle Coppell Garland Balch Springs Copperas Cove Garrett Bangs Corinth Georgetown Bardwell Corsicana Gholson Barry Crandall Glenn Heights Bartlett Crane Godley Bedford Cresson Golinda Bellevue Crockett Goodlow Bellmead Crossroads Gorman Bells Crowley G raford Belton Cumby Graham Benbrook Cushing Grand Prairie Beverly Hills Dallas Grandfalls Big Spring Dalworthington Gardens Grandview Blanket Dawson Granger Blooming Grove Dean Grapeland Blue Mound Decatur Grapevine Bonham DeLeon Gun Barrell City Boyd Denison Gunter Breckenridge Denton Haltom City Bridgeport DeSoto Harker Heights Brownsboro Diboll Haslet Brownwood Dish Heath Bruceville -Eddy Dodd City Hebron Buckholts Dorchester Henrietta Buffalo Dublin Hewitt Burkburnett Duncanville Hickory Creek Burke Early Hideaway Burleson Eastland Highland Park Bynum Ector Hillsboro Caddo Mills Edgecliff Village Holland Cameron Edgewood Holliday Campbell Edom Honey Grove Caney City Electra Howe iE Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 2: Descriptions of Companys Certified Service Area Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: September 17, 2009 Re Two Hubbard Millsap Roscoe Hudson Mineral Wells Rosser Hudson Oaks Mobile City Round Rock Huntington Monahans Rowlett Hurst Moody Roxton Hutchins Morgan's Point Resort Royse City Hutto Mount Calm Runaway Bay Iowa Park Muenster Sachse Irving Murchison Sadler Italy Murphy Saginaw Itasca Mustang Salado Jacksboro Nacogdoches Sanctuary Jarrell Navarro Sansom Park Village Jewett Nevada Savoy Jolly New Chapel Hill Seagoville Josephine New Fairview Shady Shores Joshua Newark Sherman Justin Neylandville Snyder Kaufman Nolanville Southlake Keene Noonday Southmayd Keller Northlake Springtown. Kemp North Richland Hills St. Paul Kennedale O'Donnell Stanton Kerens Oak Grove Stephenville Killeen Oak Leaf Streetman Knollwood Oak Point Sulphur Springs Krum Oak Valley Sunnyvale Lacy- Lakeview Oakwood Sweetwater Ladonla Odessa Taylor Lake Bridgeport Oglesby Temple Lake Dallas Ovilla Terrell Lake Worth Palestine The Colony Lakeside Palmer Thomdale Lakeside City Pantego Thorntonville Lamesa Paradise Thrall Lancaster Paris Tire Latexo Parker Tool Lavon Payne Springs Trinidad Leona Pecan Gap Trophy Club Leroy Pecan Hill Troy Lewisville Penelope Tyler Lindale Pflugerville University Park Lindsay Piano Valley View Lipan Pleasant Valley Van Little Elm Ponder Van Alstyne Little River Academy Post Oak Bend Venus Loraine Pottsboro Waco Lorena Powell Watauga Lovelady Poynor Waxahachie Lowry Crossing Princeton Weatherford Lucas Prosper Weir Lufkin Pyote Wells Mabank Quinlan West Malakoff Ranger Westbrook Malone Ravenna Westover Hills Manor Red Oak Westworth Village Mansfield Reno (Lamar Co.) Whitehouse Marquez Reno (Parker Co.) White Settlement Maypearl Retreat Wichita f=alls McGregor Rhome Wlckett McKinney Rice Willow Park McLendon - Chisholm Richardson Wills Point Melissa Richland Wilmer Mertens Richland Hills Windom Mesquite River Oaks Wink Midland Roanoke Wolfe City Midlothian Robinson Woodway Milano Rockdale Wylie Mildred Rockwall Yantis Milford Rogers Zavalla 16 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 2: Descriptions of Company's Certified Service Area Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: September 17, 2009 Revision: Two 2.2 Cities Previously Served by TXU SESCO Alto Jacksonville Rosebud Arp Lott Rusk Bullard Marlin Teague Coolidge Mart Tehuacana Fairfield Mexia Thornton Frankston New Sum merfield Troup Gallatin Overton Whitehouse Groesbeck Riesel Wortham 2.3 Counties Previously Served by TXU Electric Anderson Fisher Palo Pinto Andrews Freestone Parker Angelina Gaines Pecos Archer Glasscock Rains Bastrop Grayson Reagan Baylor Henderson Red River Bell Hill Reeves Borden Hood Rockwall Bosque Hopkins Rusk Brown Houston Scurry Burnet Howard Shackelford Cherokee Hunt Smith Clay Jack Stephens Coke Johnson Sterling Coleman Kaufman Tarrant Collin Kent Terry Comanche Lamar Tom Green Cooke Lampasas Travis Coryell Leon Trinity Crane Limestone Upton Culberson Loving Van Zandt Dallas Lynn Ward Dawson Martin Wichita Delta McLennan Wilbarger Denton Midland Williamson Eastland Milam Winkler Ector Mitchell Wise Ellis Montague Wood Erath Nacogdoches Young Falls Navarro Fannin Nolan 2.4 - Counties Previously Served by TXU SESCO Anderson Cherokee Falls Freestone Henderson Limestone McLennan Milam Rusk Smith 17 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 3: General Service Rules & Regulations Applicable: Entire Certified Service Area Page 1 of 4 Effective Date: July 15, 2006 Revision: Two Chapter 3: General Service Rules & Regulations 3.1. APPLICABILITY This Tariff governs the rates, terms of access and conditions of the provision of Delivery Service by Company to Competitive Retailers and Retail Customers. The provisions of this Tariff shall uniformly apply to all Competitive Retailers and Retail Customers receiving Delivery Service from Company. This Tariff does not apply to the provision of Transmission Service by non -ERCOT utilities. Neither does this Tariff apply to the provision of Delivery Service to Wholesale Customers. To the extent that a financing order of the PUCT relating to securitization conflicts with any portion of this Tariff, the terms of such order shall be controlling. Company will use reasonable diligence to comply with the operational and transactional requirements and timelines for provision of Delivery Service as specified in this Tariff and to comply with the requirements set forth by Applicable Legal Authorities to effectuate the requirements of the Tariff. 3.2 GENERAL Company will construct, own, operate, and maintain its Delivery System in accordance with Good Utility Practice for the Delivery of Electric Power and Energy to Retail Customers that are located within the Company's service territory and served by Competitive Retailers. Company has no ownership interest in any Electric Power and Energy it delivers. Company will provide to all Competitive Retailers access to the Delivery System pursuant to this Tariff, which establishes the rates, terms and conditions, and policies for such access. Company will provide Delivery Services to Retail Customers and Competitive Retailers pursuant to this Tariff. Company shall provide access to the Delivery System on a nondiscriminatory basis to all Competitive Retailers and shall provide Delivery Service on a nondiscriminatory basis to all Retail Customers and Competitive Retailers. This tariff is intended to provide for uniform Delivery Service to all Competitive Retailers within Company's service area. 3.3 DESCRIPTION OF SERVICE Company will provide Delivery Service for Electric Power and Energy of the standard characteristics available in the locality in which the Premises to be served are situated. All types of Delivery Service offered by Company are not available at all locations. Company will provide Delivery Service at Company's standard voltages. Requestors of Delivery Service should obtain from Company the phase and voltage of the service available before committing to the purchase of motors or other equipment, and Company is not responsible if the requested phase and voltage of service are not available. The standard Delivery System Service offered by Company is for alternating current with a nominal frequency of 60 hertz (cycles per second). Delivery Services may be provided at the secondary, primary, or transmission voltage level as specified under the appropriate Rate Schedule. The provision of Delivery Service by Company is subject to the terms of any Service Agreements, the terms and conditions of this Tariff, and Applicable Legal Authorities. 3.4 CHARGES ASSOCIATED WITH DELIVERY SERVICE All charges associated with a Delivery Service provided by Company must be authorized by the Commission and included as a Tariffed charge in Section 6.1, RATE SCHEDULES. 18 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 3: General Service Rules & Regulations Applicable: Entire Certified Service Area page 2 of 4 Effective Date: July 15, 2006 Revision: Two 3.5 AVAILABILITY OF TARIFF Copies of this Tariff are on file with the Commission and are also available for inspection at any business office of the Company. Company will provide a Competitive Retailer and Retail Customer, upon request and at no cost, a copy of the Rate Schedule under which Delivery Service is provided to Retail Customer. Additional copies of its Rate Schedules, or any portion of this Tariff, shall be provided by Company pursuant to the Rate Schedules included in this Tariff. Company shall post on its Internet site a copy of its current, complete Tariff in a standard electronic format for downloading free of charge. 3.6 CHANGES TO TARIFF This Tariff may be revised, amended, supplemented or otherwise changed from time to time in accordance with the laws of the State of Texas and the rules and regulations of the PUC, and such changes, when effective, shall have the same force and effect as the present Tariff. Company retains the right to file an application requesting a change in its rates, charges, classifications, services, rules, or any provision of this Tariff or agreement relating thereto and will comply with all laws and rules concerning the provision of notice concerning any such application. Any agreement made pursuant to this Tariff shall be deemed to be modified to conform to any changes in this Tariff as of the date of the effectiveness of such change. No agent, officer, director, employee, assignee or representative of Company has authority to modify the provisions of this Tariff or to bind Company by any promise or representation contrary to the terms of this Tariff except as expressly permitted by the PUC. In the event that Company determines it necessary to change its application of an existing Tariff provision, Company shall notify the designated contact of all Competitive Retailers certified to serve customers in its service territory, at least 30 Business Days in advance of any change in application of an existing Tariff provision. 3.7 NON - DISCRIMINATION Company shall discharge its responsibilities under this Tariff in a neutral manner, not favoring or burdening any particular Competitive Retailer or Retail Customer. Company will comply with Applicable Legal Authorities regarding relations with affiliates, or the Affiliated Retail Electric Provider in its service territory and, unless otherwise authorized by such Applicable Legal Authorities, will not provide its affiliates, or the Affiliated Retail Electric Provider in its service territory, or Retail Customers doing business with its affiliates, any preference over non - affiliated retailers or their Retail Customers in the provision of Delivery Services under this Tariff. Company shall process requests for Delivery Services in a non - discriminatory manner without regard to the affiliation of a Competitive Retailer or its Retail Customers, and consistent with Applicable Legal Authorities. 3.8 FORM OF NOTICE A notice, demand or request required or authorized under this Tariff to be given by any party to any other party shall be in paper format or conveyed electronically, as specified in the section of this Tariff requiring such notice. Electronic notice shall be given in accordance with the appropriate TX SET protocol if a TX SET transaction exists. Any notice, demand or request provided electronically, other than those for which a standard market transaction exists, shall be deemed delivered when received by the designated contact. Notice provided in paper format shall either be personally delivered, transmitted by telecopy or facsimile equipment (with receipt confirmed), sent by overnight courier or mailed, by certified mail, return receipt requested, postage pre -paid, to the designated contact. Any such notice, demand or request in paper format shall be deemed to be given when so delivered or three days after mailed unless the party asserting that such notice was provided is unable to show evidence of its delivery. The designated contact is the contact designated in the Delivery Service 19 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 3: General Service Rules & Regulations Applicable: Entire Certified Service Area Page 3 of 4 Effective Date: July 15, 2006 Revision: Two Agreement or contact(s) otherwise agreed to by the parties, except that for notices required under Sections 4.4.6 and 4.6 of the Tariff, the "designated contact" shall be the contact(s) designated in the Delivery Service Agreement. 3.9 DESIGNATION OF COMPANY CONTACT PERSONS FOR MATTERS RELATING TO DELIVERY SERVICE Company shall designate a person(s) who will serve as the Company's contact for all matters relating to Delivery Service provided to Competitive Retailers. Company shall also designate a person(s) who will serve as the Company's contact for all matters relating to Delivery Service provided to Retail Customers. Company shall identify to the Commission a Delivery Service contact person(s), either by name or by title, and shall provide convenient access through its Internet website to the name or title, telephone number, mailing address and electronic mail address of its Delivery Service contact person(s). Company may change its designation by providing notice to the Commission, and Competitive Retailers utilizing Delivery Service by the Company, updating such information on the Company's website, and by direct notice to Retail Customer requesting Construction Service. 3.10 INVOICING TO STATE AGENCIES Notwithstanding any provisions in this Tariff with respect to when invoices become past due and imposing an increased amount if invoices are not paid within a specified time, all invoices rendered directly to a "State Agency," as that term is defined in Chapter 2251 of the Government Code, shall be due and shall bear interest if overdue as provided in Chapter 2251. 3.11 GOVERNING LAWS AND REGULATIONS Company's provision of Delivery Service is governed by all Applicable Legal Authorities as defined herein. This Tariff is to be interpreted to conform therewith. Changes in applicable laws, rules, or regulations shall become effective with regard to this Tariff, and any Service Agreements made pursuant to it, as of the effective date of such law, rule or regulation. 3.12 GOOD -FAITH OBLIGATION Company, Competitive Retailer, and Retail Customer will cooperate in good -faith to fulfill all duties, obligations, and rights set forth in this Tariff. Company, Competitive Retailer, and Retail Customer will negotiate in good -faith with each other concerning the details of carrying out their duties, obligations, and rights set forth in this Tariff. 3.13 QUALITY OF DELIVERY SERVICE Company will use reasonable diligence to provide continuous and adequate Delivery of Electric Power and Energy in conformance with Applicable Legal Authorities, but Company does not guarantee against irregularities or interruptions. 3.14 COOPERATION IN EMERGENCIES Company, Competitive Retailer, and any Retail Customer shall cooperate with each other, the Independent Organization and any other affected entities in the event of an emergency condition affecting the Delivery of Electric Power and Energy or the safety and security of persons and property. 20 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 3: General Service Rules & Regulations Applicable: Entire Certified Service Area Page 4 of 4 Effective Date: July 15, 2006 Revision: Two 3.15 SUCCESSORS AND ASSIGNS This Tariff shall inure to the benefit of, and be binding upon, Company, Competitive Retailer, and Retail Customer and their respective successors and permitted assigns. 3.16 EXERCISE OF RIGHT TO CONSENT Company, Competitive Retailer, or Retail Customer shall not unreasonably withhold, condition, or delay giving any consent required for another party to exercise rights conferred under this Tariff that are made subject to that consent. Company, Competitive Retailer, or Retail Customer further shall not unreasonably withhold, condition, or delay their performance of any obligation or duty imposed under this Tariff. 3.17 WAIVERS The failure of Company, Competitive Retailer, or Retail Customer to insist in any one or more instances upon strict performance of any of the provisions of this Tariff, or to take advantage of any of its rights under this Tariff, shall not be construed as a general waiver of any such provision or the relinquishment of any such right, but the same shall continue and remain in full force and effect, except with respect to the particular instance or instances. 3.18 NON - BUSINESS DAY DESIGNATIONS Company recognizes the following holidays on their day of federal observance: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after Thanksgiving Day, and Christmas Day. Company may designate other days as Non - Business Days to reflect additional holiday observances by posting the designation on the Company website no later than October 31 of the preceding calendar year. 3.19 PUBLIC SERVICE NOTICE Company shall, as required by the Commission after reasonable notice, provide public service notices. 3.20 HEADINGS The descriptive headings of the various sections of this Tariff have been inserted for convenience of reference only and shall in no way define, modify or restrict any of the terms and provisions hereof. 21 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 1 of 25 Effective Dale: January 9, 2011 Revision: Four Chapter 4: Service Rules and Regulations Relating to Access to Delivery System of Company by Competitive Retailers 4.1 GENERAL SERVICE RULES AND REGULATIONS 4.1.1 APPLICABILITY OF CHAPTER This Chapter governs the terms of access to and conditions of the provision of Delivery Service by Company to Competitive Retailers, whether the Competitive Retailer has entered into a Service Agreement or not. This Chapter also applies to Competitive Retailers utilizing the Delivery System of the Company unlawfully or pursuant to unauthorized use. The provisions of this Chapter shall uniformly apply to all Competitive Retailers receiving Delivery Service from Company. 4.1.2 REQUIRED NOTICE Notice to Competitive Retailer and Company shall be provided pursuant to Section 3.8, FORM OF NOTICE. 4.2 LIMITS ON LIABILITY 4.2.1 LIABILITY BETWEEN COMPANY AND COMPETITIVE RETAILERS This Tariff is not intended to limit the liability of Company or Competitive Retailer for damages except as expressly provided in this Tariff. Company will make reasonable provisions to supply steady and continuous Delivery Service, but does not guarantee the Delivery Service against fluctuations or interruptions. Company will not be liable for any damages, whether direct or consequential, including, without limitation, loss of profits, loss of revenue, or loss of production capacity, occasioned by fluctuations or interruptions unless it be shown that Company has not made reasonable provision to supply steady and continuous Delivery Service, consistent with the Retail Customer's class of service, and in the event of a failure to make such reasonable provisions (whether as a result of negligence or otherwise), Company's liability shall be limited to the cost of necessary repairs of physical damage proximately caused by the service failure to those electrical Delivery facilities of Retail Customer which were then equipped with the protective safeguards recommended or required by the then current edition of the National Electrical Code. However, if damages result from fluctuations or interruptions in Delivery Service that are caused by Company's or Competitive Retailer's gross negligence or intentional misconduct, this Tariff shall not preclude recovery of appropriate damages when legally due. 4.2.2 LIMITATION OF DUTY AND LIABILITY OF COMPETITIVE RETAILER Competitive Retailer has no ownership, right of control, or duty to Company, Retail Customer or other third party, regarding the design, construction or operation of Company's Delivery System. Competitive Retailer shall not be liable to any person or entity for any damages, direct, indirect or consequential, including, but without limitation, loss of business, loss of profits or revenue, or loss of production capacity, occasioned by 22 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 2 of 25 Effective Date: January 9, 2011 Revision: Four any fluctuations or interruptions of Delivery Service caused, in whole or in part, by the design, construction or operation of Company's Delivery System, 4.2.3 DUTY TO AVOID OR MITIGATE DAMAGES Company and Competitive Retailer shall use reasonable efforts to avoid or mitigate its damages or losses suffered as a result of the other's culpable behavior under Section 4.2,1, LIABILITY BETWEEN COMPANY AND COMPETITIVE RETAILERS. 4.2.4 FORCE MAJEURE Neither Company nor Competitive Retailer shall be liable for damages for any act or event that is beyond such party's control and which could not be reasonably anticipated and prevented through the use of reasonable measures, including, but not limited to, an act of God, act of the public enemy, war, insurrection, riot, fire, explosion, labor disturbance or strike, wildlife, unavoidable accident, equipment or material shortage, breakdown or accident to machinery or equipment, or good -faith compliance with a then valid curtailment, order, regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, including any order or directive of the Independent Organization. 4.2.5 EMERGENCIES AND NECESSARY INTERRUPTIONS Company may curtail, reduce voltage, or interrupt Delivery Service in the event of an emergency arising anywhere on the Company's Delivery System or the interconnected systems of which it is a part, when the emergency poses a threat to the integrity of its Delivery System or the systems to which it is directly or indirectly connected if, in its sole judgment, such action may prevent or alleviate the emergency condition. Company may interrupt service when necessary, in the Company's sole judgment, for inspection, test, repair, or changes in the Delivery System, or when such interruption will lessen or remove possible danger to life or property, or will aid in the restoration of Delivery Service. Company shall provide advance notice to Competitive Retailer of such actions, if reasonably possible. Such notice may be provided by electronic notice to all certificated Competitive Retailers operating within the Company's service territory with specific identification of location, time and expected duration of the outage. Notice shall also be provided, if reasonably possible, to those Retail Customers designated as critical care residential customers, chronic condition residential customers, critical load industrial customers, or critical load public safety customers. Nothing herein shall prevent the Company from being liable if found to be grossly negligent or to have committed intentional misconduct with respect to its exercise of its authority in this Tariff. The operation of Broadband over Powerline (BPL) shall not interfere with or diminish the reliability of Company's Delivery System. Should a disruption in the provision of Delivery Service occur due to BPL, Company shall prioritize restoration of Delivery Service prior to restoration of BPL- related systems. 4.2.6 !_IMITATION OF WARRANTIES BY COMPANY Company makes no warranties with regard to the provision of Delivery Service and disclaims any and all warranties, express or implied, including, but without limitation, warranties of merchantability or fitness for a particular purpose. 23 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 3 of 25 Effective Date: January 9, 2011 Revision: Four 4.3 SERVICE 4.3.1 ELIGIBILITY A Competitive Retailer is eligible for Delivery Service when: (1) The Competitive Retailer and Company have received written notice from the Independent Organization certifying the Competitive Retailer's successful completion of market testing, including receipt of the digital certificate pursuant to Applicable Legal Authorities. Market testing will be conducted in accordance with a test plan as specified by Applicable Legal Authorities. Company and Competitive Retailer shall use best efforts to timely complete market testing; and (2) Competitive Retailer and Company execute a Delivery Service Agreement; or (3) In the event that subsection (1) has been satisfied, and Competitive Retailer has executed and delivered the Delivery Service Agreement to Company but Company has failed to execute the agreement within two Business Days of its receipt, Competitive Retailer shall be deemed eligible for Delivery Service during an interim period of Commission investigation by filing the unexecuted Delivery Service Agreement with the Commission for investigation into the reasons for such non - execution by Company. 4.3.2 INITIATION OF DELIVERY SYSTEM SERVICE (SERVICE CONNECTION) For purposes of this section, "Initiation of Delivery System Service" refers to the actions taken by Company to energize a Retail Customer's connection to the Delivery System. 4.3.2.1 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED Where existing Company facilities will be used for Delivery System Service and no Construction Service is needed, Company shall initiate Delivery System Service for Retail Customer it requested by Competitive Retailer through the Registration Agent unless: (1) The Retail Customer's Electrical Installation is known to be hazardous under applicable Codes, or is of such character that satisfactory Delivery System Service cannot be provided consistent with Good Utility Practice, or interferes with the service of other Retail Customers, or unless a known dangerous condition exists as long as it exists; or (2) The Competitive Retailer is not eligible for Delivery Service under Section 4.3.1, ELIGIBILITY or the Competitive Retailer or Retail Customer is in default under this Tariff. Retail Customer is considered to be in default if Retail Customer fails to satisfy any material obligation under this Tariff after being given notice of the failure and at least ten days to cure. If a charge has been authorized by the Commission, Company may assess a charge for service connection pursuant to Section 6.1, RATE SCHEDULES. Requests for new Delivery System Service made by Competitive Retailer on behalf of Retail Customer which include the corresponding TX SET code for standard service, and are received by Company at least two Business Days prior to the Competitive Retailer's requested date shall be completed no later than the requested date. Requests received after 5:00 PM CPT or on a day that is not a Business Day, shall be considered received on the next Business Day. If the request is received less than two Business Days prior to 24 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 4 of 25 Effective Date: January 9, 2011 revision: Four the requested date, the Move -In will be scheduled for the Business Day that is two Business Days after the date the request is received. If the requested date is not a Business Day, the Move -In will be scheduled for the first Business Day following the requested date. This service is not available if inspections and permits, or other construction is required. 4.3.2.2 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE REQUIRED . Where Construction Services are required prior to the initiation of Delivery System Service, Competitive Retailer may request initiation of Delivery System Service on behalf of Retail Customer. All such requests shall be governed by the provisions in Section 5.7, FACILITIES EXTENSION POLICY. After completion of Construction Service, Company shall initiate Delivery System Service in accordance with Section 4.3.2.1, INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED. 4.3.3 REQUESTS FOR DISCRETIONARY SERVICES INCLUDING CONSTRUCTION SERVICES A Competitive Retailer may request Discretionary Services from Company. Such requests for Discretionary Service must include the following information and any additional data elements required by Applicable Legal Authorities: (1) Retail Customer contact name; (2) Retail Customer contact phone number; (3) ESI ID, if in existence; (4) Service address (including City and zip code) and directions to location, and access instructions as needed; (5) Discretionary Services requested; and (6) Date requested for Company to perform or provide Discretionary Services. For an electronic service request sent by Competitive Retailer, Company will acknowledge receipt of Competitive Retailer's electronic service request and will notify Competitive Retailer upon completion of the service request as required by Applicable Legal Authorities. Such notification shall include the date when the service was completed in the field. For requests involving Construction Services, Company will contact the designated person to make proper arrangements for Construction Service pursuant to Section 5.7, FACILITIES EXTENSION POLICY. Competitive Retailer shall be responsible for informing its Retail Customers how to obtain Discretionary Services, including Construction Services consistent with the requirements of Section 4.11, OUTAGE AND SERVICE REQUEST REPORTING. 4.3.4 CHANGING OF DESIGNATED COMPETITIVE RETAILER Company shall change a Retail Customer's designated Competitive Retailer upon receipt of proper notification from the Registration Agent, in accordance with Applicable Legal Authorities, unless the new Competitive Retailer is in default under the Tariff. Competitive Retailer may request an out -of -cycle Meter Read subject to charges and timeframes specified in Chapter 6. Charges for an out -of -cycle Meter Read shall be applied only if data is collected for an Actual Meter Reading. As provided by Chapter 6, separate charges may apply in the event a trip is 25 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 5 of 25 Effective Date: January 9, 2011 Revision: Four made to collect the data, but collection of data is prevented due to lack of access to the Meter, or estimation is necessary to complete a mass transition of customers within a specified time, as required by Applicable Legal Authorities. Otherwise, no charge shall be applied if Billing Determinants are estimated. Company shall honor the requested switch date contained in the TX SET transaction in accordance with Applicable Legal Authorities to the extent that Company has received the request within the timeframes established in Applicable Legal Authorities. Company shall release proprietary customer information to the designated Competitive Retailer in a manner prescribed by the Applicable Legal Authorities. 4.3.5 SWITCHING FEE Company shall not charge Competitive Retailer for a change of designation of a Retail Customer's Competitive Retailer. 4.3.6 IDENTIFICATION OF THE PREMISES AND SELECTION OF RATE SCHEDULES The establishment, assignment and maintenance of ESI IDs shall be as determined by Applicable Legal Authorities. In addition, Company shall: 1. Assign a unique ESI ID for each Point of Delivery, or in the case of non - Metered load, a unique ESI ID to each Premises, in accordance with Applicable Legal Authorities; 2. Establish separate and distinct ESI IDs for temporary and permanent service. The temporary ESI ID shall be retired after all market transactions associated with the temporary ESI ID have been completed. If the temporary Meter has been used for the same Premises for which the permanent Meter will be used, the same ESI ID may be used for temporary and permanent service; 3. Identify, assign, and maintain ESI IDs with the appropriate load profile, Meter Reading cycle, and other information necessary for accurate settlement of the wholesale market, unless such functions are undertaken by the Independent Organization; 4. Notify the Competitive Retailer and Independent Organization, using the appropriate TX SET transaction, of revisions in the assignment of a Rate Schedule; and 5. Maintain accurate United States Postal Service compliant services addresses, when available, to comply with Applicable Legal Authorities. Not later than July 1, 2007, when there are two or more ESI [Ds for the same service address, the service address shall include information to distinguish between the Points of Delivery at the service address. The Rate Schedules included in this Tariff state the conditions under which Company's Delivery Services are available and the applicable rates for each Delivery Service. For service to a new Retail Customer at an existing Premises, the Company shall reset a[l Demand ratchets and Retail Customer's Billing Demand and charges for Delivery Service shall not be determined based upon Premises history not associated with the new Retail Customer or on Retail Customer's previous history at a prior location unless Company's current base rates were set based upon the assumption that the Demand ratchet would not be reset, in which case, Company shall begin resetting Demand ratchets for new customers no later than the conclusion of its next general rate case. If requested by the Competitive Retailer, Company will assist in selecting the Rate Schedule that is best suited to existing or anticipated Retail Customer's Delivery Service requirements. However, Company does not assume responsibility for the selection of the Rate Schedule or for any failure to select the most appropriate Rate Schedule for the Retail Customers' Delivery Service requirements. Upon the request of the Retail Customer's Competitive Retailer, the Company shall switch a Retail Customer's Rate Schedule to any applicable Rate Schedule for which the Retail Customer is eligible. 26 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 6 of 25 Effective Date: January 9, 2011 Revision: Four Subsequent to the selection of a Rate Schedule, the Competitive Retailer shall notify Company of any change of which it is aware in the Retail Customer's Electrical Installation or use of Premises that may affect the applicability of a Rate Schedule. Upon notice to the Competitive Retailer, Company may change a Retail Customer's Rate Schedule if Company is made aware that the Retail Customer is no longer eligible to receive service under its current Rate Schedule. A change in Rate Schedule that does not require a change in Billing Determinants, shall be applicable for the entire billing cycle in which the change in Rate Schedule is made if the request is made at least two Business Days before the scheduled Meter Read date for that Retail Customer. If a change in the Company's facilities, the Meter used to serve a Retail Customer, or a Rate Schedule requires a different methodology or different Billing Determinants, then such change shall be effective in the next full billing cycle. 4.3.7 PROVISION OF DATA BY COMPETITIVE RETAILER TO COMPANY Competitive Retailer shall timely supply to Company all data, materials, or other information specified in this Tariff, including current customer names, telephone number, and mailing address, in connection with Company's provision of Delivery Services to Competitive Retailer's Retail Customers, if required. Such information shall be used only for Company operations or in transitions of customers to another REP or POLR in accordance with Applicable Legal Authorities and will be subject to the provisions of the code of conduct rule, P.U.C. SUBST. R. 25.272(g), Code of Conduct for Electric Utilities and Their Affiliates. Regardless of any information provided on an outage or service request, and regardless of the option chosen, a Competitive Retailer shall provide to Company, on the TX SET transaction intended for maintenance of current Retail Customer contact information, the information needed to verify Retail Customer's identity (name, address and telephone number) for a particular Point of Delivery served by Competitive Retailer and shall periodically provide Company updates of such information, in the manner prescribed by Applicable Legal Authorities. The requirement that a Competitive Retailer provide the information listed above, regardless of the option chosen shall be effective July 1, 2007. 4.3.8 SUSPENSION OF DELIVERY SERVICE 4.3.8.1 SUSPENSIONS WITHOUT PRIOR NOTICE Company may, without prior notice, intentionally suspend Delivery Service to a Competitive Retailer's Retail Customer where a known dangerous condition exists for as long as the condition exists, provided that such suspension does not result in other dangerous or life- threatening conditions. Company shall notify, as soon as practicably possible, the affected Retail Customer's Competitive Retailer of suspensions for the above reason. Company may also suspend service without prior notice when such suspension is authorized by Applicable Legal Authorities. If suspensions or interruptions are conducted pursuant to Section 4.2.5, EMERGENCIES AND NECESSARY INTERRUPTIONS and advance notice was not able to be reasonably provided, the Company shall provide notice as soon as reasonably possible after the suspension. Such notice may be provided by electronic notice to all certificated 27 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 7 of 25 Effective Date: January 9 2011 Revision: Four Competitive Retailers operating within Company's service territory, specifically identifying the location, time and expected duration of the outage. Nothing in this section is intended to take precedence over the timely restoration of service. 4.3.9 CRITICAL CARE/CHRONIC CONDITION/CRITICAL LOAD CUSTOMER DESIGNATION 4.3.9.1 CRITICAL CARE OR CHRONIC CONDITION RESIDENTIAL CUSTOMER STATUS Upon receipt of an application for eligibility for critical care or chronic condition residential status, Company shall: (1) Follow the procedures outlined in P.U.C. SUBST. R. 25.497 for processing the application and designating a Retail Customer as a critical care residential customer or chronic condition residential customer and for notifying the Competitive Retailer and Retail Customer of any designation and any change in Retail Customer's designation; (2) Follow the requirements under P.U.C. SUBST. R. 25.497 for sending renewal notices to a Retail Customer designated as a critical care residential customer or chronic condition residential customer; and (3) Ensure ESI IDs are properly identified for critical care or chronic condition status in Company systems and on applicable Retail Market transactions. 4.3.9.2 CRITICAL LOAD INDUSTRIAL CUSTOMER OR CRITICAL LOAD PUBLIC SAFETY Upon receipt of a request for designation as a critical load industrial customer or critical load public safety customer Company shall: (1) Follow the Company- established process for evaluating the request for Critical Load status in collaboration with the Retail Customer's Competitive Retailer and Retail Customer and determine Retail Customer's eligibility for the appropriate Critical Load designation within one month of Company's receipt of the application; (2) Follow the Company - established process for appeal and notify the Competitive Retailer and Retail Customer of any change in qualification based on the appeal; and (3) Ensure ESI IDs are properly identified for critical load status in Company systems and on applicable Retail Market transactions. 4.3.9.3 OTHER COMPANY RESPONSIBILITIES Company shall fulfill any other responsibilities pursuant to P.U.C. Subst. R. 25.497. 4.3.10 NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY INTERRUPTIONS Upon notice to Competitive Retailer, Company may suspend Delivery Service to Retail Customer: 28 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 8 of 25 Effective Date: January 9, 2011 Revision: Four (1) In the event of unauthorized use, unauthorized connection or reconnection, or diversion of service or Tampering with the Meter or Metering Equipment or bypassing same; (2) In the event of Retail Customer's violation of the provisions of Company's Tariff pertaining to the use of Delivery Service in a manner which interferes with the Delivery Service of others or the operation of nonstandard equipment, or as otherwise specified by written agreement, and a reasonable opportunity has been provided to remedy the situation; (3) Upon Retail Customer's failure to comply with the terms of any written agreement made between Company and Retail Customer, upon default of Retail Customer under such an agreement, or upon failure to pay any charges billed by Company directly to Retail Customer pursuant to Section 5.8.2, BILLING TO RETAIL CUSTOMER BY COMPANY after a reasonable opportunity has been provided to remedy the failure; (4) For Retail Customer's failure to provide Company with reasonable access to Company's facilities or the Meter located on Retail Customer's Premises after a reasonable opportunity has been provided to remedy the situation; or (5) Upon Company's receipt of a notice requiring such action, in the form and from the party specified by Applicable Legal Authorities. Company will not be responsible for monitoring or reviewing the appropriateness of any such notice except as provided in Section 5.3.7.4, PROHIBITED SUSPENSION OR DISCONNECTION. Company shall provide electronic notice pursuant to Section 3.8, FORM OF NOTICE, of any noticed suspension of service to Competitive Retailers, operating in its service territory specifically identifying the time, location (if possible), cause and expected duration of such suspension. Company shall perform all suspensions or disconnects in accordance with Section 5.3.7.4, PROHIBITED SUSPENSION OR DISCONNECTION. 4.3.11 RESTORATION OF DELIVERY SERVICE Company will conduct restoration efforts as soon as possible following the alleviation or correction of the conditions that cause a suspension or disconnection and provide notice of restoration of service as soon as practicably possible. 4.3.12 DISCONNECTION OF SERVICE TO RETAIL CUSTOMER'S FACILITIES AT THE REQUEST OF COMPETITIVE RETAILER Except as provided in Section 5.3.7.4, PROHIBITED SUSPENSION OR DISCONNECTION, Company will not be responsible for monitoring or reviewing the appropriateness of any notice from a Competitive Retailer requesting connection, disconnection, or suspension of Delivery Service to Retail Customer. 4.3.12.1 MOVE OUT REQUEST In the event that Retail Customer is vacating the Premises and Competitive Retailer no longer desires. to be associated with the Point of Delivery, Competitive Retailer shall notify the Registration Agent of the date Competitive Retailer desires Company to discontinue Delivery Service to a particular Point of Delivery through a move -out transaction. Company shall discontinue Delivery Service to the Point of Delivery on the requested date provided the Company receives the transaction at least two Business Days prior to the requested date. A transaction received after 5:00 PM CPT on a Business Day, or on a day that is not a Business Day, will be considered received on the next Business Day. If the request is received less than two Business Days prior to the requested date, the Move -Out will be scheduled for the Business Day that is two 29 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 9 of 25 Effective Date: January 9, 2011 Revision: Four Business Days after the date the request is received. If the requested date is not a Business Day, the move -out will be scheduled for the first Business Day following the requested date. Competitive Retailer shall not be responsible for any Delivery Services provided to that Point of Delivery after the move -out is effectuated unless specifically requested by the Competitive Retailer, and applicable to the time the Competitive Retailer was the Competitive Retailer of Record. 4.3.12.2 DISCONNECTION DUE TO NON- PAYMENT OF COMPETITIVE RETAILER CHARGES; RECONNECTION AFTER DISCONNECTION Competitive Retailer may request disconnection for non - payment by Retail Customer or reconnection thereafter as authorized by the Commission's customer protection rules and in accordance with Chapter 6 of the tariff. The execution of a disconnection for non- payment does not relieve the Competitive Retailer of responsibility for any Delivery Services provided to that Point of Delivery. For premises without a provisioned advanced meter, for premises with a provisioned advanced meter without remote disconnect/connect capabilities, and for premises with a provisioned advanced meter that Company cannot successfully communicate with at the time Company attempts to execute the request by using Company's advanced metering system, standard reconnect requests received by Company by 2:00 PM CPT on a Business Day shall be reconnected that day. For such premises, standard reconnect requests received by Company after 2:00 PM CPT on a Business Day shall be reconnected that day, if possible, but no later than the close of Company's next field operational day. For premises with a provisioned advanced meter with remote disconnect/connect capabilities and for which the Company can successfully communicate with that provisioned advanced meter at the time Company attempts to execute the request by using Company's advanced metering system, standard reconnect requests received by Company from 5:00 AM CPT to 7:00 PM CPT on a Business Day shall be reconnected within 2 hours of receipt of a request. For premises with a provisioned advanced meter with remote disconnect/connect capabilities where the Competitive Retailer provides prepaid service under P.U.C. SUBSF. R. 25.496, Retail Electric Service Using a Customer Prepayment Device or System, standard reconnect requests received by the Company from 8:00 AM CPT to 7:00 PM CPT on a Business Day shall be reconnected within 1 hour of receipt of request. For all premises, standard reconnect requests received by Company between 2:00 PM CPT and 5:00 PM CPT on a Business Day shall be reconnected that day if possible, but no later than the close of Company's next field operational day. Standard reconnect requests received by Company after 7:00 PM CPT or on a day that is not a Business Day may be considered received at 8:00 AM CPT on the next Business Day. 4.3.13 CUSTOMER REQUESTED CLEARANCE At the request of Competitive Retailer for Retail Customer related construction, alteration, or other temporary clearance, Company shall disconnect Retail Customer's facilities in accordance with Chapter 6. 30 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 10 of 25 Effective Date: January 9, 2011 Revision: Four 4.4 BILLING AND REMITTANCE 4.4.1 CALCULATION AND TRANSMITTAL OF DELIVERY SERVICE INVOICES Not later than three Business Days after the scheduled date of a Meter Read for a Point of Delivery, Company shall transmit an electronic invoice for the Company's total Delivery System Charges associated with that Point of Delivery, to the Competitive Retailer supplying Electric Power and Energy to that Point of Delivery. Company shall separately identify the Delivery System Charges and Billing Determinants on the electronic invoice, to the extent that the transaction allows them to be reported, for each Point of Delivery served by a Competitive Retailer. Company shall provide information on any Billing Determinants not provided on the electronic transaction free of charge to Competitive Retailer upon request, within two Business Days from the receipt of the request. The start and end dates for the billing period contained on the invoice shall match the start and end dates of the Meter Read for the Premises. Charges for Discretionary Services, other than Construction Services, provided to a particular Point of Delivery shall be separately identified on the invoice. Electronic invoices shall be transmitted using the appropriate TX SET transaction and shall be consistent with the terms and conditions of this Tariff. The Competitive Retailer shall acknowledge the receipt of the invoice and indicate whether the transaction conformed with ANSI X12 using the appropriate TX SET transaction within 24 hours of the receipt of the invoice. If Company receives a negative acknowledgement indicating the transaction failed ANSI X12 validation, Company shall correct any Company errors and re -issue the transaction within two Business Days of receipt of the negative acknowledgement. Following a positive acknowledgement indicating the transaction passed ANSI X12 validation, the Competitive Retailer shall have five Business Days to send a rejection response in accordance with the TX SET Implementation Guides and Commission Rules. However, if the Competitive Retailer receives an invoice relating to an ESI ID for which the Competitive Retailer has sent an enrollment or move -in request but has not received a response transaction from ERCOT, then the Competitive Retailer shall allow four Business Days to receive the response. If the Competitive Retailer has still not received the response transaction, the Competitive Retailer shall not reject the invoice, but will utilize an approved market process to resolve the issue. Additionally, a Competitive Retailer shall not reject an invoice, claiming it is not a Valid Invoice, outside the timelines specified in this subsection, or without supplying appropriate rejection reasons in accordance with TX SET Implementation Guides and Commission Rules. A Competitive Retailer may dispute a Valid Invoice under Section 4.4.8, INVOICE DISPUTES, but not reject it. 4.4.2 CALCULATION AND TRANSMITTAL OF CONSTRUCTION SERVICE CHARGES Construction Service Charges shall be invoiced to the entity requesting such service. If Competitive Retailer has requested such a service, Company shall include the Construction Service Charge associated with that service as a separately identified item on the invoice provided pursuant to Section 4.4.1, CALCULATION AND TRANSMITTAL OF DELIVERY SERVICE INVOICES. 4.4.3 INVOICE CORRECTIONS Invoices shall be subject to adjustment for estimation or errors, including, but not limited to, arithmetic errors, computational errors, meter inaccuracies, and Meter Reading errors. Company 31 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 11 of 25 Effective Cate: January 9, 2011 Revision: Four shall cancel and re -bill the original invoice that was incorrect and apply any payments made as provided by Applicable Legal Authorities. If it is determined that Company over- billed for Delivery Charges, Company will make adjustment(s) associated with the Point of Delivery for the entire period of over - billing. Interest shall be paid on any overcharge not corrected within three billing cycles of the occurrence of the error (or estimation) at a rate set by the Commission, compounded monthly, from the date of payment of the overcharged amount through the date of the refund. If it is determined that Company under - billed for Delivery Charges, Company will promptly issue a corrected invoice. Company may not charge interest on underbilled amounts unless such amounts are found to be the result of theft of service. Company may not issue an invoice for underbillings for adjustments more than 150 days after the date the original invoice was issued or should have been issued. All invoices with estimations shall be trued -up within 150 days of the estimation. If Company does not true -up an underbilling within 150 days, Company may not bill for the difference it has underbilled. If Company has over- billed due to an estimation, Company shall refund the difference for the entire period. Company shall render a corrected invoice within seven days of the date of resolution of the error unless otherwise prohibited by this section. Disputes about invoice corrections shall be governed by Section 4.9, DISPUTE RESOLUTION PROCEDURES. 4.4.4 BILLING CYCLE Unless otherwise stated in the applicable Rate Schedule or as provided in Section 4.8.1.3, OUT - OF -CYCLE METER READS, invoiced charges shall be based on a cycle of approximately one month. The Competitive Retailer shall have the right to request a one -time adjustment to a Retail Customer's Meter Reading/billing cycle. The Competitive Retailer must select another Company - defined Meter Reading Schedule, if available for that account, unless the Retail Customer has remote Meter Reading capability, in which case the Competitive Retailer has the right to arrange for any Meter Read /billing cycle subject to Company's and ERCOT's Meter data processing capabilities. Company shall notify Competitive Retailer of any permanent changes in billing cycle or Meter Reading Schedules. Notification shall be provided in accordance with appropriate TX SET protocol. Company's Meter Reading Schedules will be made available on Company's website for the next year by December 15. Company shall provide 60 days notice for any changes in the Meter Reading Schedule. 11 M lki>r,1► Is] =K81AI► Lyle] M 4NX67:1,11 *1: -1 Payments for all Delivery Charges invoiced to Competitive Retailer 'shall be due 35 calendar days after the date of Company's transmittal of a Valid Invoice. The 35 calendar day payment provision shall not apply to invoices that have been rejected using Applicable Legal Authorities. Disputed invoiced amounts shall be governed by Section 4.4.8, INVOICE DISPUTES. Payments are due without regard to whether or when the Competitive Retailer receives payment from its Retail Customer(s). The Company shall specify the due date on the invoice, and the due date shall be the 35` calendar day after the transmittal date of the Valid Invoice, unless the 35' day falls on a weekend or Banking Holiday, in which case the due date shall be the following Business Day that is not a Banking Holiday. Electronic invoices transmitted after 5:00 p.m. CPT shall be considered transmitted on the next calendar day. 32 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 12 of 25 Effective Date: January 9, 2011 Revision: Four Notwithstanding the above, Company and Competitive Retailer may mutually agree to different billing and payment timelines for Discretionary Services, provided that such terms are afforded on a non - discriminatory basis to all Competitive Retailers. Competitive Retailer shall pay the invoice by electronic funds transfer (EFT) or by wire transfer (WT) to a bank designated by Company. Payment will be considered received on the date Company's bank receives the EFT or WT and the appropriate remittance advice is received by Company in accordance with the requirements specified by Applicable Legal Authorities. 4.4.6 DELINQUENT PAYMENTS Payments for Delivery Charges invoiced to Competitive Retailer shall be considered delinquent if not received by 5:00 p.m. CPT of the due date stated on the Valid Invoice. Delinquent payments will be subject to a one -time late fee of 5% of the delinquent balance existing on the day after the due date stated on the Valid Invoice. Competitive Retailer shall be considered in default only after a ten calendar day grace period has passed without the Competitive Retailer fully paying the delinquent balance. Upon delinquency of Competitive Retailer, Company shall provide notice in writing to Competitive Retailer stating that Competitive Retailer is delinquent and shall be in default if payment is not received within ten calendar days. If the amount of the penalty is the sole remaining past -due amount after the ten calendar day grace period, the Competitive Retailer shall not be considered to be in default unless the penalty is not paid within an additional 30 calendar days. 4.4.7 PARTIAL PAYMENTS Unless otherwise governed by Schedule TC of this Tariff or P.U.C. SUBST. R. 25.108, Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges, partial payments will be applied pro -rata to all separately stated charges. 4.4.8 INVOICE DISPUTES Unless otherwise governed by Schedule TC of this Tariff or P.U.C. SUBST. R. 25.108, Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges, Competitive Retailer shall pay all undisputed portions of an invoice within the remittance timeframes of Section 4.4.5, REMITTANCE OF INVOICED CHARGES, unless otherwise agreed to by Company and Competitive Retailer. If a Competitive Retailer disputes all or a portion of an invoice, the Competitive Retailer may refuse to pay the disputed amount. If it does so, it shall provide written notice of the dispute to the Company's designated contact under Section 3.9, DESIGNATION OF COMPANY CONTACT PERSONS FOR MATTERS RELATING TO DELIVERY SERVICE and shall include in the notice, at a minimum, an explanation of the disputed portion of the invoice, the basis of the dispute, and a proposed resolution. Company may dispute the reason for which a Competitive Retailer rejects an invoice as prescribed in Section 4.4.1, CALCULATION AND TRANSMITTAL OF DELIVERY SERVICE INVOICES. Company shall provide written notice of the dispute to the Competitive Retailer's designated contact and shall include in the notice, at a minimum, an explanation of the disputed rejection, the basis of the dispute and a proposed resolution. Upon notice of a dispute, the responding party shall investigate and respond in writing to the disputing party within ten Business Days of transmittal of the notice. Such response shall include a proposed resolution. Within 20 Business Days of the response, either party may initiate the dispute resolution procedures set forth in Section 4.9, DISPUTE RESOLUTION PROCEDURES. 33 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter g: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 13 of 25 Effective Date: January 9, 2011 Revision: Four If Company does not receive notification of a dispute within 11 months from the due date of the invoice in question, said invoice shall be deemed conclusive and binding. Upon resolution of the dispute, the appropriate adjustments will be reflected on the first subsequent invoice after resolution. If the Competitive Retailer has remitted amounts found to be improperly invoiced, Company shall pay interest on such amounts from the date payment was received by Company until the date of refund of such amounts at the interest rate set in accordance with Tex. Utilities Code Ann. Chapter 183. If the Competitive Retailer has been found to have withheld amounts properly invoiced, Competitive Retailer shall pay interest on the disputed amount from the due date on the invoice at the interest rate set in accordance with TEX. UTiL. CODE ANN. Chapter 183. If the dispute is resolved in favor of the Company, Company shall not hold Competitive Retailer in default for non - payment of the original invoice based on the original due date. The invoice shall be due within one Business Day of resolution of the dispute. A Competitive Retailer shall not dispute a methodology used to estimate a Meter Read if the estimation methodology has been approved by the Commission. 4.4.9 SUCCESSOR COMPETITIVE RETAILER A Competitive Retailer shall not be obligated to pay the delinquent balance of another Competitive Retailer as a condition of providing service to Retail Customers. The prior Competitive Retailer, however, shall in no case be relieved of any previously invoiced charges or late fees incurred in the use of Company's Delivery System. 4.5 SECURITY DEPOSITS AND CREDITWORTHINESS 4.5.1 SECURITY RELATED TO TRANSITION CHARGES If Company is subject to a financing order, Competitive Retailer shall provide security for Transition Charges in accordance with Schedule TC of this Tariff in addition to other requirements in P.U.C. SUBST. R. 25.108, f=inancial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges. For purposes of establishing any required deposit for Transition Charges, a Competitive Retailer shall provide any required deposit within ten calendar days of receipt of the first Valid Invoice from the Company. Company shall ensure that its deposit calculations are reproducible and able to be calculated by Competitive Retailer. 4.5.2 SECURITY RELATED TO OTHER DELIVERY CHARGES 4.5.2.1 DEPOSIT REQUIREMENTS Except as provided for in Schedule TC of this Tariff and P.U.C. SUBST. R. 25.108, Financial Standards for Retail Electric Providers Regarding the Billing and Collection of Transition Charges, or as provided in PUC Subst. R. 25.107, Certification of Retail Electric Providers, Company shall not require deposits for a Competitive Retailer that has not defaulted under Section 4.6, DEFAULT AND REMEDIES ON DEF=AULT, within the past 24 months. If a Competitive Retailer has defaulted under Section 4.6 within the past 24 months, Company shall require the Competitive Retailer to provide a deposit as security for payments of amounts billed under this Tariff. Competitive Retailers who do not provide and maintain the security required by this section shall be considered in default, as provided in Section 4.6. 34 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 14 of 25 Effective Date: January 9, 2011 Revision: Four 4.5.2.2 SIZE OF DEPOSIT Deposits shall be equal to one -sixth of the estimated annual amount to be billed under this Tariff by Company to Competitive Retailer. The computation of the size of a required deposit shall be mutually agreed upon by the Competitive Retailer and Company. The amount of deposit shall be adjusted, if necessary, during the first month of each calendar quarter to ensure that the deposit accurately reflects the required amount. 4.5.2.3 FORM OF DEPOSIT Deposits under this section shall be in the form of cash, surety bond, letter of credit, affiliate guaranty, or any combination thereof at the Competitive Retailer's option. Competitive Retailer and Company may mutually agree to other forms of security, provided that Company offers such terms on a non - discriminatory basis to all Competitive Retailers. The Company shall be the beneficiary of any affiliate guaranty, surety bond or letter of credit. Providers of affiliate guaranty, surety bonds or letters of credit must have and maintain long -term unsecured credit ratings of not less than "131313" or "Baa3" (or equivalent) from Standard and Poor's or Moody's Investor Service, respectively. Other forms of security may be mutually agreed to by Company and Competitive Retailer. If the credit rating of the provider of the surety bond, affiliate guarantee, or letter of credit is downgraded below BBB- or Baa3 (or equivalent), Competitive Retailer must provide a deposit in accordance with this Tariff within ten Business Days of the downgrade. 4.5.2.4 INTEREST Cash deposits shall accrue interest payable to Competitive Retailer. Company shall pay all interest to Competitive Retailer upon refund of the deposit, or during the quarterly review under Section 4.5.2.2, SIZE OF DE=POSIT, if such interest causes the size of the deposit to exceed the required amount. Interest shall be paid at the Commission - approved interest rate for customer deposits. 4.5.2.5 HISTORICAL DEPOSIT INFORMATION Company shall maintain records showing the name and address of a depositor, the amount of the deposit, and each transaction concerning the deposit. Records of each unclaimed deposit shall be maintained for at least four years, during which time Company will make reasonable efforts to return the deposit and any accrued interest. 4.5.2.6 REFUND OF DEPOSIT Deposits, plus any accrued interest, shall be returned to Competitive Retailer after deduction of all charges and other debts that the Competitive Retailer owes Company, including any applicable late fees, when: (1) Competitive Retailer ceases operations within Company's service territory; (2) Other arrangements are made for satisfaction of deposit requirements; or (3) 24 months have elapsed without Competitive Retailer defaulting on any payment obligations, unless Section 4.5.2.1 permits Company to require a deposit. All unclaimed deposits will be held by Company for four years from the date the Competitive Retailer ceases operations in the Company's service territory. 35 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 15 of 25 Effective Date: January 9, 2011 Revision: Four 4.6 DEFAULT AND REMEDIES ON DEFAULT 4.6.1 COMPETITIVE RETAILER DEFAULT A Competitive Retailer shall be considered to be in default under this Tariff if the Competitive Retailer: (1) Fails to remit payment to the Company as set forth in Section 4.4.6, DELINQUENT PAYMENTS; (2) Fails to satisfy any material obligation under this Tariff, including failure to fulfill the security requirements set forth in Section 4.5, SECURITY DEPOSITS AND CREDITWORTHINESS; or (3) Is no longer certified as a Retail Electric Provider. 4.6.2 REMEDIES ON DEFAULT 4.6.2.1 DEFAULT RELATED TO FAILURE TO REMIT PAYMENT OR MAINTAIN REQUIRED SECURITY Upon Competitive Retailer's default related to failure to remit payment or maintain required security, Company may pursue any or all of the following remedies: (1) Apply to delinquent balances Competitive Retailer's cash deposit, if any, and any accrued interest, or seek recourse against any letter of credit or surety bond for the amount of delinquent charges due to Company, including any penalties or interest; (2) Avail itself of any legal remedies that may be appropriate to recover unpaid amounts and associated penalties or interest; (3) Implement other mutually suitable and agreeable arrangements with Competitive Retailer, provided that such arrangements are available to all Competitive Retailers on a non - discriminatory basis; (4) Notify the Commission that Competitive Retailer is in default and request suspension or revocation of Competitive Retailer's certificate; and (5) Require Competitive Retailer to do one of the following: (A) Immediately arrange for all future remittances from Retail Customers of the Competitive Retailer in default to be paid into a dedicated account controlled by Company. Amounts collected in a dedicated account shall first be applied to amounts due Company, including any late fees and penalties with remaining amounts released to Competitive Retailer. Competitive Retailer shall bear all costs of such mechanism; or (B) Require Competitive Retailer to transition customers to another Competitive Retailer or POLR. A Competitive Retailer that has defaulted shall choose and notify Company as to which option under (5) above it shall implement, but, if the Competitive Retailer fails to immediately implement one of those options, Company shall immediately implement option (B). If Company or Competitive Retailer chooses option (B), Competitive Retailer shall provide all needed customer information to the POLR within three Business Days so that the POLR can bill Retail Customers. Competitive Retailer shall notify its Retail Customers of its choice of option (A) or (B) as soon as possible. 36 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 16 of 25 Effective Date: January 9, 2011 Revision: Four 4.6.2.2 DEFAULT RELATED TO FAILURE TO SATISFY OBLIGATIONS UNDER TARIFF Upon failure of Competitive Retailer to satisfy material obligations under this Tariff, Company shall provide notice of default to Competitive Retailer that explains the reason(s) for default. Competitive Retailer shall have ten Business Days from the date of receipt of notification to cure such default. Upon the Competitive Retailer's failure to remedy the default by the expiration of the notice period, Company may pursue any or all of the following: (1) Implement mutually suitable and agreeable arrangements with Competitive Retailer, provided that such arrangements are available to all Competitive Retailers on a non - discriminatory basis; (2) Notify the Commission that Competitive Retailer is in default and request that certification be suspended or revoked; (3) Notify the Commission that the Municipally Owned Utility or Electric Cooperative is in default, and request that its Retail Customers in Company's service territory be immediately served by another qualified Competitive Retailer or the POLR. 4.6.2.3 DEFAULT RELATED TO DE- CERTIFICATION Upon loss of Commission certification as a Retail Electric Provider, Competitive Retailer shall abide by P.U.C. SussT. R. 25.107, Certification of Retail Electric Providers, with respect to notice and transfer of Retail Customers to another qualified Competitive Retailer or the POLR. In the event Competitive Retailer fails to abide by this rule, the Commission may instruct the Registration Agent to immediately transfer the customers to the POLR. 4.6.3 CURE OF DEFAULT Upon payment of all past due amounts and associated penalties and late fees, establishment of any security required pursuant to Section 4.5 SECURITY DEPOSITS AND CREDITWORTHINESS, and cure of any failure to fulfill its material obligations under this Tariff, Competitive Retailer will no longer be considered in default and will not be required to comply with Section 4.6, DEFAULT AND REMEDIES ON DEFAULT. 4.7 MEASUREMENT AND METERING OF SERVICE 4.7.1 MEASUREMENT All charges for electricity consumed or demanded by a Retail Customer shall be based on Meter measurement except where otherwise provided for by the applicable Rate Schedule or this Tariff. Meters for residential Retail Customers shall be Company owned unless otherwise determined by the Commission. Retail Customers required by the Independent Organization to have an IDR Meter may choose a Meter Owner, other than Company, in accordance with Applicable Legal Authorities; otherwise, the Meter shall be owned by the Company. Company shall provide metering services and provide monthly Meter Reads used for Company billing, billing by a Competitive Retailer and ERCOT settlement in accordance with Applicable Legal Authorities and all standards and protocols adopted by the Independent Organization. 37 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 17 of 25 Effective Date: January 9, 2011 Revision: Four When mutually agreed to by Company and Competitive Retailer, if Retail Customer takes Delivery Service at primary distribution or transmission voltage, Company may meter Delivery Service on the low side of Retail Customer's transformers and adjust measurements to account for losses as set forth in Chapter 6. 4.7.2 METER READING Company is responsible for reading the Meter on a monthly basis in accordance with the published Meter Reading Schedule. Company must obtain an Actual Meter Reading within two Business Days of the date published in the Meter Reading Schedule, except as otherwise provided herein, and shall submit the Data from the Meter Read to the Registration Agent within three Business Days of the Scheduled Meter Reading date. If an Actual Meter Reading is not obtained, Company shall estimate the Meter Reading for invoicing purposes in accordance with this Chapter, the Rate Schedules in Section 6.1, RATE SCHEDULES, and Applicable Legal Authorities. Unless otherwise provided in this section or in the Rate Schedule, a Meter Reading shall not be estimated more than three times consecutively. Company shall establish validation procedures that prohibit zero usage and extreme value Meter Readings unless good reason exists for the readings. Company shall ensure that invoices and Meter Reading transactions with zero usage or usage with extreme and unlikely values are not issued to Competitive Retailer or Retail Customer unless Company has good reason to believe that the value is correct. In any month where the Meter Reading fails the validation process, Company shall perform a Meter re -read at no cost to the Competitive Retailer or Retail Customer. 4.7.2.1 DENIAL OF ACCESS BY RETAIL CUSTOMER If in any month Retail Customer prohibits access to Company to read the Meter (due to premises being locked, presence of a threatening animal, physical threats to meter reader, or other similar reason), Company shall provide the Retail Customer a door hanger requesting access the following month and informing the Retail Customer of the consequences for continuing to fail to provide access. If there is no door on which to leave a door hanger, Company may leave the door hanger at a point of ingress. If no point of ingress is available, Company may choose not to leave the door hanger and must notify Competitive Retailer of the inability to leave the door hanger. Company shall inform Competitive Retailer that Company was unable to gain access and the reason that Company was unable to gain access, providing enough detail that Competitive Retailer can explain to the Retail Customer and inform Competitive Retailer of the number of consecutive months Company has been denied access by the customer. If the Competitive Retailer is notified that a customer denied access to Company to read the Meter, Competitive Retailer shall contact the Retail Customer to request access for Company the following month and inform the Retail Customer of the consequences for continuing to fail to provide access. Competitive Retailer contact may be either by mail, telephone or door to door contact. After three consecutive months of denial of access by the Retail Customer to Company to read the Meter the Retail Customer has the following options: a) Disconnection of service; b) Installation of a remotely read Meter at the Retail Customer's expense and billed directly by Company to Competitive Retailer; or C) Relocation of the Meter to make Meter accessible at the Retail Customer's expense. 38 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 18 of 25 Effective Date: January 9, 2011 Revision: Four If Retail Customer does not choose an option, the Competitive Retailer shall choose the option on behalf of the Retail Customer. If the Competitive Retailer does not choose an option, the Company shall choose the option on behalf of the Competitive Retailer and Retail Customer. Company may continue to estimate a residential Premises or a non - critical load for an additional 60 days in order to implement one of the options. Company may continue to estimate a non - residential Critical Load Premises for an additional 60 days in order to implement one of the options. If after 60 days, Company has failed to implement an option that provides access, due to the Retail Customer's failure to grant access to implement the solution, Company may charge a fee each month of continued denial of access until an option authorized by this section can be implemented, in accordance with Chapter 6. Company must provide documentation of its attempts to implement the option to the Competitive Retailer, Retail Customer or the Commission upon request. The requirements of this section shall be effective no later than July 1, 2007. 4.7.2.2 ESTIMATES FOR REASONS OTHER THAN FOR DENIAL OF ACCESS BY RETAIL CUSTOMER The Company shall not estimate a Meter Reading for a Premises more than three consecutive times when customer has not denied access. Company's failure to make an Actual Meter Reading for reasons other than the Retail Customer's failure to provide access shall not be considered a break in a series of consecutive months of denial of access under Section 4.7.2.1, DENIAL OF ACCESS BY RETAIL CUSTOMER, but shall not be considered a month in which the Retail Customer has denied access. An estimate performed by Company for the purpose of a mass transition of Retail Customers when Actual Meter Reads are infeasible or Applicable Legal Authorities dictate an estimation shall not be considered a break in a series of consecutive months of estimates, but shall not be considered a month in a series of consecutive estimates performed by Company. The requirements of this section shall be effective no later than July 1, 2007. 4.7.3 REPORTING MEASUREMENT DATA Company shall report measurement data for a Point of Delivery as required by this Chapter and Applicable Legal Authorities. 4.7.4 METER TESTING Company will test the Meters in accordance with the schedule and standards of the American National Standards Institute, Incorporated (ANSI "), as adopted by the Commission, and P.U.C. SuBST. R. 25.124, Meter Testing. Upon a request by any authorized person in accordance with Applicable Legal Authorities, Company will perform additional tests of the accuracy of the Meter no later than ten Business Days after the request is received, provided the Meter is a self - contained single phase, kWh Meter and subject to obtaining Access as provided in Section 5.4.8, ACCESS TO RETAIL CUSTOMER'S PREMISES and completing any necessary coordination with the Retail Customer or a third party. In the event the Meter is other than a self- contained, 39 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 19 of 25 Effective Date: January 9, 2011 Revision: Four single phase kWh Meter, Company will perform the additional tests no later than 30 calendar days after the request is received. The additional tests will be performed preferably on the Retail Customer's Premises, but may, at Company's discretion, be performed at a Meter test laboratory. The additional tests will be free of charge if the Meter is determined to be outside the accuracy standards established by ANSI or if a test has not been requested and performed in the previous four years, Company will provide a copy of the complete results of that test to the requesting party as soon as possible but within the timeframes allowed for testing of the Meter. Competitive Retailer or Retail Customer may request a new test if one has been performed within the previous four years, but if the Meter tests within ANSI accuracy standards, Company will charge Competitive Retailer for the additional tests in accordance with the Rate Schedules in Section 6.1, RATE SCHEDULES. Following the completion of any additional test, Company will promptly advise the party requesting the test of the date of removal of the Meter, the date of the test, the result of the test, who conducted the test, and where the test was performed. Company will provide more detailed information to customer upon request at no additional charge to the customer. A Competitive Retailer may request testing of a Non - Company Owned Meter. Company shall invoice any charges resulting from the request, to the Competitive Retailer. If a Non- Company Owned Meter is determined to be outside the accuracy standards established by ANSI, the Company shall remove the Meter and install a replacement Meter. Company must immediately notify Competitive Retailer upon removal of the Meter. 4.7.5 INVOICE ADJUSTMENT DUE TO METER INACCURACY, METER TAMPERING OR THEFT If any Meter is determined to be non - compliant with the accuracy standards prescribed by Commission rules, Company shall render an adjusted bill pursuant to Commission rules. 4.8 DATA EXCHANGE Company shall make proprietary Retail Customer information available to Competitive Retailer as prescribed by Applicable Legal Authorities. Company shall not assess separate charges for the provision of the most recent 12 months of Meter Data or load data to Competitive Retailer; however charges may apply for the provision of data beyond the most recent 12 months. 4.8.1 DATA FROM METER READING Company shall make available to the Registration Agent within three Business Days of the scheduled Meter Reading date, all of the data recorded in the Meter that is used for Company billing and is required by the Retail Customer's settlement profile (such as kWh, kW, kVA) and, if applicable, Power Factor and any Meter Data required by Applicable Legal Authorities for Competitive Retailer to bill the Retail Customer. Competitive Retailer has the right to physical access of the Meter to the same extent Retail Customer has access, in accordance with the provisions of Section 5.10.2, RETAIL CUSTOMER RESPONSIBILITY AND RIGHTS, to obtain Meter Data if: (1) The Retail Customer authorizes the Competitive Retailer to access the Meter; (2) Data integrity is not compromised; and (3) Access is technically feasible. Metering data, except as specified in Section 4.8.1.3, OUT -OF -CYCLE METER READS, will be sent to the Competitive Retailer in complete billing periods. 40 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 20 of 25 Effective Date: January 9, 2011 Revision: Four All Meter Data values for IDR Meters will contain an associated date /time field as a time stamp. All other Meters will have a date field. All time stamps (both for data points and sets of data) will be reported in CPT. Metering Data values for advanced Meters will contain a date/time field, consistent with protocols implemented through Applicable Legal Authorities. Unless procedures are established for historical usage information to be provided by the Independent Organization, Company shall provide, in accordance with P.U.C. SuesT. R 25.472, Privacy of Customer Information, and within three Business Days if requested by Competitive Retailer in a switch request, the most recent 12 months of historical usage and/or interval data for a Retail Customer to Competitive Retailer through the appropriate TX SET protocol. Unless procedures are established for access to historical usage information to be provided by the Independent Organization, Company shall provide access to Retail Customer's historical usage and /or interval data, to Retail Customer and with the Retail Customer's permission, current and /or prospective Competitive Retailers within three Business Days of the receipt of the request. Company shall maintain at least 12 months of usage and /or Demand data for each Premises with a volumetric or Demand Meter and shall also maintain interval data for any Premises for whom Company records interval data. If access is not provided by the Independent Organization, Company shall provide access to this data to IDR customers and advanced meter customers through a web -portal or other means such that the historical data is accessible at any time. if access is not provided by the Independent Organization, Company shall provide access to this data no later than July 1, 2007 to all other non - residential customers through a web -portal or other means such that the historical data is accessible at any time. Company shall ensure confidentiality of customer load data through the assignment of unique customer passwords or personal identification numbers (PINS) released only to the Retail Customer. 4.8.1.1 DATA RELATED TO INTERVAL METERS Data from interval Meters will be sent as kWh during each interval. The kWh and kW or WA Demand, as applicable, will be reported for each interval. Each recording interval shall be labeled according to Applicable Legal Authorities. 4.8.1.2 DATA REPORTED BY VOLUMETRIC (kWh) METERS Data reported by volumetric (kWh) Meters will include: the start-of- period date, usage for period, Demand readings (if available), end -of- period date, and end -of- period reading. Exceptions, which include initial Meter Reads and Meter changes for start-of- period reading, shall be appropriately labeled and provided in accordance with Applicable Legal Authorities. Upon termination of a Retail Customer's Delivery Service at a particular Point of Delivery through a successfully executed move -out transaction, Company will provide Meter Data to the Registration Agent within three Business Days of the date that the move -out was executed. 4.8.1.3 OUT -OF -CYCLE METER READS If a Competitive Retailer requests an out -of -cycle Switch, Company shall perform the associated out -of -cycle Meter Read in accordance with the timelines provided in Chapter 6. Out -of -cycle Meter Reads associated with a Retail Customer's change in designated Competitive Retailer shall be provided to both the new and previous Competitive Retailers on the next Business Day following the out -of -cycle Meter Read date. For the 41 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 21 of 25 Effective Date: January 9, 2011 Revision: Four new Competitive Retailer, the billing period begins with the out -of -cycle Meter Read, and for the previous Competitive Retailer, the billing period ends with the out -of -cycle Meter Read. Out -of -cycle Meter Reads not associated with a Retail Customer's change in Competitive Retailer (Meter Re- reads) shall be performed and the new reading shall be transmitted to Competitive Retailer within five Business Days of the receipt of the request. If, based upon the re -read, it is determined that the original monthly Meter Read was in error, the Meter Read and Billing Determinants for that billing period shall be corrected in accordance with Section 4.4.3, INVOICE CORRECTIONS, and no Discretionary Service charge will be applied by Company. If the re -read determines that the Original Meter Read was correct, a charge may be assessed for the re -read in accordance with Chapter B. 4.8.1.4 ESTIMATED USAGE Company is responsible for reading Meter on a monthly basis in accordance with the published Meter Reading Schedule. If an Actual Meter Reading is not obtained, Company shall estimate the Meter Reading for invoicing purposes in accordance with this Tariff and Company shall provide the reason for the estimation. In no event shall such estimate equal zero for a known active Meter, nor equal or exceed double the previous non - estimated month's usage unless Company has good reason to believe that this value is a reasonable estimate and can provide its reason upon request to Competitive Retailer. Any electronic transaction transmitting an estimated Meter Reading to Competitive Retailer shall clearly denote that the Meter Reading is an estimate and include an explanation of the reason for the estimation. When an Actual Meter Reading is taken after two or more consecutive months of estimation, Company shall allocate any over or under- estimated usage over the entire estimation period. The allocation shall be based on the average daily consumption for the Retail Customer for the period between Actual Meter Reads. Estimated usage must be identified as "Estimated" in the SET transactions. If requested, Company shall provide the estimation method used. If an estimation methodology is developed by the Commission or other Applicable Legal Authority, Company shall use that methodology. A Meter Reading for an 1DR Meter shall not be considered an Estimated Meter Reading if an Actual Reading was obtained and Company had to estimate a limited number of intervals of data to fill in gaps in the data collected. The requirement of this section that Company provide the reason for the estimation to Competitive Retailer on an electronic transaction shall be effective no later than July 1, 2007. 4.8.1.5 METER/BILLING DETERMINANT CHANGES Upon a Meter change, the data for each Meter shall be reported as a separate set of data within a single SET corresponding to the Retail Customer's billing period. If a Meter is replaced, an estimation of Meter Data may be made. The period of estimated Meter Data will be reported with the old Meter number. 42 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 22 of 25 Effective Date: January 9, 2011 Revision: Four If changes occur in Rate Schedule Billing Determinants, the new Billing Determinants will not become part of billing until the new Billing Determinants are available for a full Meter Read cycle. 4.8.2 DATA FOR UNMETERED LOADS For unmetered service, the following standards apply: (1) One usage value will be posted for an account, which may encompass multiple Points of Delivery; (2) If a change in an account's inventory of Points of Delivery is discovered for a past billing period, the entire amount of usage for the account should be reported as an adjustment; and (3) If an account goes from unmetered to metered service, metered usage starts with the first full billing cycle after the Meter is installed. 4.8.3 ADJUSTMENTS TO PREVIOUSLY TRANSMITTED DATA Re- sending or adjusting of previously transmitted data arises from data maintenance activities (e.g., response to inquiries, needs to restore data files, and responses to problems with posted data) and Meter maintenance activities (e.g., adjustments as improved information becomes available due to discovery of incorrect reads, crossed Meters, non - registering Meters, slow or fast Meters, incorrect multipliers, etc.). New requirements regarding the labeling of replacement data established by paragraphs (1) and (2) shall be implemented not later than July 1, 2007. The following standards apply to such previously transmitted data: (1) When corrections are made to previously sent data, the original SET shall be first cancelled. A replacement SET of data (labeled as replacement data) is then transmitted within one Business Day of the cancelled data; (2) When corrections are made to previously sent data, the complete set of data pertaining to a Meter and billing cycle will be provided in the replacement transaction. When sending or correcting data, each billing cycle for the affected Meter will be in a distinct data set in the SET. Only the data for the affected billing cycle and Meter will be transmitted; (3) In the case of "crossed Meters," in which Meter numbers have been incorrectly reported for sets of usage data, the original SET will be cancelled and a new SET transmitted that correctly reports the data, ESI ID, and other associated data; (4) Company will make corrected data available to the original recipients in a timely manner no matter when the correction is made; (5) Company shall provide a reason for any correction to Competitive Retailer when the adjustment is made; and (6) All transactions containing corrections must be sent in accordance with TX SET standards as set forth in TX SET Implementation Guidelines and Commission rules. 4.8.4 DATA EXCHANGE PROTOCOLS The following standards and protocols are a baseline, or minimum set, necessary to facilitate data exchange between parties. Parties shall also comply with data exchange protocols established by the Commission or Independent Organization. (1) A uniform premise identifier number, ESI ID, will be utilized by the Company; (2) The ESI ID number will be used in all data exchanges specific to related premise data transactions; 43 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 23 of 25 Effective Date: January 9, 2011 revision: Four (3) ESI ID is a unique, permanent, and non - intelligent number, used to facilitate communications in an unbundled electric market. The format shall be as determined by the protocols adopted by the Independent Organization; and (4) An ESI ID will be assigned by the Company for each Point of Delivery in accordance with protocols adopted by the Independent Organization. 4.9 DISPUTE RESOLUTION PROCEDURES 4.9.1 COMPLAINT PROCEDURES For complaints about Delivery Service including billing disputes, Competitive Retailer may contact the Company during normal business hours. Company and Competitive Retailer shall use good -faith and commercially reasonable efforts to informally resolve all disputes arising out of the implementation or interpretation of this Tariff and /or the activities relating to retail access. Unless otherwise provided for in this Tariff, all disputes shall be conducted pursuant to the following procedures: (1) Company or Competitive Retailer may initiate the dispute process by presenting to the other party a notice of the dispute /complaint in writing, unless the dispute involves an invoice and notice has already been given under Section 4.4.8, INVOICE DISPUTES. Notice shall include, at a minimum, a clear description of the dispute, the nature of the dispute, a contact name and telephone number, and a proposed resolution; (2) Disputes shall be referred as promptly as practicable to a designated senior representative of each of the parties for resolution on an informal basis; (3) The receiving party shall investigate the complaint and provide a response to the complaining party and a proposed resolution in writing as soon as possible, but not later than ten Business Days following receipt of the complaint; (4) In the event that the designated representatives are unable to resolve the dispute within 30 calendar days, from the date of the complaining party's initial notice under this Section, such dispute, by mutual agreement, may be referred to mediation or be submitted to binding arbitration and resolved in accordance with the current Commercial Arbitration Rules of the American Arbitration Association; and (5) In the event that binding arbitration is not chosen and resolution is not obtained within 30 calendar days after the initial notice or another mutually agreed upon timeline, an affected parry may file a complaint with the Commission. 4.9.2 COMPLAINT WITH REGULATORY AUTHORITY Nothing in this section shall restrict the rights of Company or Competitive Retailer to file a complaint with the Commission, or to exercise all other legal rights and remedies. 4.10 SERVICE INQUIRIES Competitive Retailer may contact Company regarding the Delivery Service in situations that include, but are not limited to, the following: (1) Inquiries regarding site specific Delivery Services; (2) Construction of new lines, installation of a Meter, modification of existing equipment or change in Point of Delivery; (3) Special circumstances such as Delivery Service requirements that are of non - standard size or characteristics; or 44 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 24 of 25 Effective Date: January 9, 2011 Revision: Four (4) Initiation of Delivery System Service to Retail Customer. A Competitive Retailer seeking information about the above items may contact Company as appropriate during normal business hours. 4.11 OUTAGE AND SERVICE REQUEST REPORTING 4.11.1 NOTIFICATION OF INTERRUPTIONS, IRREGULARITIES, AND SERVICE REQUESTS Competitive Retailer shall be responsible for informing its Retail Customers how to report interruptions, irregularities, outages, and how to report service requests. Competitive Retailer shall meet this obligation in one of three ways: , (1) Competitive Retailer may direct Retail Customers to call the Competitive Retailer for such reporting or requests and electronically forward outage information to the Company. Such arrangements shall ensure that all necessary information is communicated in a manner such that Company can respond to requests in a timely fashion and that Competitive Retailers are kept informed of the status of restoration efforts and service requests; (2) Competitive Retailer may direct Retail Customer to call Competitive Retailer for such reporting or requests and then forward the call to Company; or (3) Competitive Retailer may direct Retail Customers to directly call Company to make such reports or requests. Competitive Retailer choosing option (1) must ensure that all necessary information is electronically communicated to Company in a timely manner using the appropriate TX SET protocol or other communication alternative agreed to by Company and Competitive Retailer, so as not to unnecessarily delay Company's response. Upon notification by a Competitive Retailer that the Competitive Retailer plans to forward outage information or service order requests to Company electronically, Company shall be capable of receiving data electronically from Competitive Retailer within 18 months, unless mutually agreed otherwise by Company and Competitive Retailer or Company obtains a waiver from the Commission. The data necessary includes the following information: (1) Customer name, and if different, contact name; (2) Contact phone number; (3) ESIID; (4) Service address (including City and zip code) and directions to location when necessary; and (5) Description of problem or requested service. A Competitive Retailer choosing option (2) shall ensure that calls are properly forwarded to a Company supplied toll free telephone number. A Competitive Retailer choosing option (3) shall provide Retail Customers, in accordance with the Commission's customer protection rules, with the Company supplied toll free telephone number and indicate that Retail Customer should call this number for interruptions, irregularities, outages and /or service requests. A Competitive Retailer choosing option (2) or (3) shall make arrangements with the Company to pre - authorize any service requests for which the Company will invoice the Competitive Retailer before such requests are performed. A Competitive Retailer who does not make other arrangements shall be deemed to have pre- authorized all service requests from Retail 45 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 4: Service Rules & Regulations (Competitive Retailers) Applicable: Entire Certified Service Area Page 25 of 25 Effective Date: January 9, 2011 Revision: Four Customers. Company shall not act in a discriminatory manner in making such arrangements with Competitive Retailers. Competitive Retailer shall designate in the Delivery Service Agreement Form (Appendix A to this Tariff ) which one of the three options it will select as its primary method for reporting interruptions, irregularities, outages, and which one of the three options it will select as its primary method for making service repair requests. Nothing in this section is meant to restrict a Competitive Retailer who has chosen to utilize option (1) or (2) for the majority of their Retail Customers to allow a Retail Customer with special needs to directly contact the Company if agreed to by the Competitive Retailer and Retail Customer, provided that Competitive Retailer abides by the conditions prescribed by this section for choosing option (3) for that Retail Customer. Company shall notify Competitive Retailers choosing option (2) or (3) of any change in the Company supplied telephone number 64 days in advance of such change. 4.11.2 RESPONSE TO REPORTS OF INTERRUPTIONS AND REPAIR REQUESTS Company will promptly investigate reported problems. If, upon making a Service Call, Company determines that a reported problem is caused by a condition on Retail Customer's side of the Point of Delivery, Company shall notify Competitive Retailer, and, if authorized by the Commission, charge Competitive Retailer a fee for the Service Call pursuant to the applicable Rate Schedule. 46 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 1 of 20 Effective Date: Revision: Four Chapter 5: Service Rules and. Regulations Relating to the Provision of _Delivery Service to Retail Customers 5.1 GENERAL 5.1.1 APPLICABILITY OF CHAPTER This Chapter governs the terms of access and conditions of the provision of Delivery Service by Company to Retail Customers, whether the Retail Customer has entered into a Service Agreement or not. This Tariff also applies to Retail Customers receiving Delivery Service unlawfully or pursuant to unauthorized use. 5.1.2 COMPANY CONTACT INFORMATION Notices and other communications by Retail Customer to Company shall be addressed to: Sr. Vice President and Chief Customer Officer Oncor Electric Delivery Company LLC 1616 Woodall Rodgers Fwy, 7 In Floor Dallas, Texas 75202 -1234 1- 888 -313 -6862 5.2 LIMITS ON LIABILITY 5.2.1 LIABILITY BETWEEN COMPANY AND RETAIL CUSTOMERS This Tariff is not intended to limit the liability of Company or Retail Customer for damages except as expressly provided in this Tariff. Company will make reasonable provisions to supply steady and continuous Delivery Service, but does not guarantee the Delivery Service against fluctuations or interruptions. Company will not be liable for any damages, whether direct or consequential, including, without limitation, loss of profits, loss of revenue, or loss of production capacity, occasioned by fluctuations or interruptions unless it be shown that Company has not made reasonable provision to supply steady and continuous Delivery Service, consistent with the Retail Customer's class of service, and in the event of a failure to make such reasonable provisions, whether as a result of negligence or otherwise, Company's liability shall be limited to the cost of necessary repairs of physical damage proximately caused by the service failure to those electrical delivery facilities of Retail Customer which were then equipped with the protective safeguards recommended or required by the then current edition of the National Electrical Code. However, if damages result from fluctuations or interruptions in Delivery Service that are caused by Company's or Retail Customer's gross negligence or intentional misconduct, this Tariff shall not preclude recovery of appropriate damages when legally due. 5.2.2 LIMITATION OF DUTY AND LIABILITY OF COMPETITIVE RETAILER Competitive Retailer has no ownership, right of control, or duty to Company, Retail Customer or other third party, regarding the design, construction or operation of 47 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 2 of 20 Effective Date: Revision: Four Company's Delivery System. Competitive Retailer shall not be liable to any person or entity for any damages, direct, indirect or consequential, including, but without limitation, loss of business, loss of profits or revenue, or loss of production capacity, occasioned by any fluctuations or interruptions of Delivery Service caused, in whole or in part, by the design, construction or operation of Company's Delivery System. 5.2.3 DUTY TO AVOID OR MITIGATE DAMAGES Company and Retail Customer shall use reasonable efforts to avoid or mitigate its damages or losses suffered as a result of the other's culpable behavior under Section 5.2.1, LIABILITY BETWEEN COMPANY AND RETAIL CUSTOMERS. 5.2.4 FORCE MAJEURE Neither Company nor Competitive Retailer shall be Gable for damages for any act or event that is beyond such party's control and which could not be reasonably anticipated and prevented through the use of reasonable measures, including, but not limited to, an act of God, act of the public enemy, war, insurrection, riot, fire, explosion, labor disturbance or strike, wildlife, unavoidable accident, equipment or material shortage, breakdown or accident to machinery or equipment, or good -faith compliance with a then valid curtailment, order, regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, including any order or directive of the independent Organization. 5.2.5 EMERGENCIES AND NECESSARY INTERRUPTIONS Company may curtail, reduce voltage, or interrupt Delivery Service in the event of an emergency arising anywhere on the Delivery System or the interconnected systems of which it is a part, when the emergency poses a threat to the integrity of its system or the systems to which it is directly or indirectly connected if, in its sole judgment, such action may prevent or alleviate the emergency condition. Company may interrupt service when necessary, in Company's sole judgment, for inspection, test, repair, or changes in Company's Delivery System, or when such interruption will lessen or remove possible danger to life or property, or will aid in the restoration of Delivery Service. Company shall provide advance notice to Retail Customer's Competitive Retailer, if reasonably possible. Such notice may be made by electronic notice to all certificated Competitive Retailers operating within Company's service territory, specifically identifying the location, time and expected duration of outage. Notice shall also be provided, if reasonably possible, to those Retail Customers designated as critical care residential customers, chronic condition residential customers, critical load industrial customers, or critical load public safety customers. If Retail Customer believes it qualifies for designation as a critical care residential customer, chronic condition residential customer, critical load industrial customer, or critical load public safety customers under P.U.C. SUBST. R. 25.497, Retail Customer may apply for designation as provided in P.U.C. SUBST. R. 25.497. Nothing herein shall prevent the Company from being liable if found to be grossly negligent or to have committed intentional misconduct with respect to its exercise of its authority in this Tariff. The operation of BPL shall not interfere with or diminish the reliability of Company's Delivery System. Should a disruption in the provision of Delivery Service occur due to BPL, Company shall prioritize restoration of Delivery Service prior to restoration of BPL - related systems. 48 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 3 of 20 Effective Date: Revision: Four 5.2.6 LIMITATION OF WARRANTIES BY COMPANY Company makes no warranties with regard to the provision of Delivery Service and disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. 5.3 SERVICE Company shall provide Delivery Service pursuant to the terms and conditions of this Tariff to any Retail Customer within Company's certificated service territory requiring such service. Except as required for Construction Services or other unique Delivery Service needs, Retail Customer should contact Retail Customer's designated Competitive Retailer for all matters relating to the provision of Delivery Service. 5.3.1 INITIATION OF DELIVERY SYSTEM SERVICE (SERVICE CONNECTION) For the purposes of this section, "initiation of Delivery System Service" refers to the actions taken by Company to energize Retail Customer's connection to the Delivery System. 5.3.1.1 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED Where existing Company facilities will be used for Delivery System Service and no Construction Service is needed, Company shall initiate Delivery System Service for Retail Customer if requested by Competitive Retailer through the Registration Agent unless: (1) The Retail Customer's electrical installation is known to be hazardous under applicable Codes, or is. of such character that satisfactory Delivery System Service cannot be provided consistent with Good Utility Practice, or interferes with the service of other Retail Customers; or unless a known dangerous condition exists as long as it exists; or (2) The Competitive Retailer is not eligible for Delivery Service under Section 4.3.1, ELIGIBILITY or the Competitive Retailer or Retail Customer is in default under this Tariff. Retail Customer is considered to be in default if Retail Customer fails to satisfy any material obligation under this Tariff after being given notice of the failure and at least ten days to cure. The Retail Customer is responsible for selecting an eligible Competitive Retailer. Company shall direct Retail Customer to the Commission for a list of eligible Competitive Retailers or to other sources of information subject to Commission's Code of Conduct rules, if requested. Requests for new Delivery System Service which include the corresponding TX SET code for standard service, and are received by Company at least two Business Days prior to the Competitive Retailer's requested date shall be completed no later than the requested date. Requests received after 5:00 PM CPT or on a day that is not a Business Day, shall be considered received on the next Business Day. If the request is received less than two Business Days prior to the requested date, the Move -in will be scheduled for the Business Day that is two Business Days after the date the request is received. if the requested date is not a Business Day, the Move -In will be scheduled for the first Business Day following the requested date. This service is not available if inspections and permits, or other construction is required. 49 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 4 of 20 Effective Date: Revision: Four 5.3.1.2 INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE REQUIRED Where Construction Services are required prior to the initiation of Delivery System Service, Retail Customer may contact Company directly to make arrangements for such service. All such requests shall be governed by the provisions in Section 5.7, FACILITIES EXTENSION POLICY. After completion of Construction Service, Company shall initiate Delivery System Service in accordance with Section 5.3.1.1, INITIATION OF DELIVERY SYSTEM SERVICE WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED. 5.3.2 REQUESTS FOR CONSTRUCTION SERVICES All Construction Service requests must include the following information: (1) Retail Customer contact name; (2) Retail Customer contact phone number; (3) ESI ID, if in existence and available; (4) Service address (including City and zip code), directions to location, and access instructions when appropriate; (5) Construction Services requested; and (6) Date requested for Company to perform or provide Construction Service. Company will contact the person designated in the request within two Business Days to make necessary arrangements for Construction Services pursuant to Section 5.7, FACILITIES EXTENSION POLICY and Section 5.10, METER. If a new ESI ID is required, Company shall establish the new ESI ID for the Point of Delivery and transmit the appropriate TX SET transaction to the Registration Agent prior to the commencement of Construction Services. 5.3.3 CHANGING OF DESIGNATED COMPETITIVE RETAILER Company shall change a Retail Customer's designated Competitive Retailer upon receipt of proper notification from the Registration Agent, in accordance with the Applicable Legal Authorities, unless the new Competitive Retailer is in default under the Tariff or is not eligible for Delivery Service under Section 4.3.1, ELIGIBILITY, of this Tariff. Company shall release proprietary customer information to a Competitive Retailer in a manner prescribed by Applicable Legal Authorities. 5.3.4 SWITCHING FEES AND SWITCHOVERS Company shall not charge Retail Customer for a change in designation of Retail Customer's Competitive Retailer. Company shall charge Retail Customer for a switchover to another distribution utility in accordance with Section 6.1, RATE SCHEDULES, of this Tariff. 5.3.5 IDENTIFICATION OF THE PREMISES AND SELECTION OF RATE SCHEDULES The establishment, assignment and maintenance of ESI IDs shall be as determined by Applicable Legal Authorities. In addition, Company shall: Assign a unique ESI ID for each Point of Delivery, or in the case of non - Metered load, a unique ESI ID to each Premises, in accordance with Applicable Legal Authorities; 50 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 5 of 20 Effective Date: Revision: Four 2. Establish separate and distinct ESI IDs for temporary and permanent service. The temporary ESI ID shall be retired after all market transactions associated with the temporary ESI ID have been completed. If the temporary meter has been used for the same Premises for which the permanent meter will be used, the same ESI ID may be used for temporary and permanent service; 3. Identify, assign, and maintain ESI IDs with the appropriate load profile, Meter Reading cycle, and other information necessary for accurate settlement of the wholesale market, unless such functions are undertaken by the Independent Organization; 4. Notify the Competitive Retailer and Independent Organization, using the appropriate TX SET transaction, of revisions in the assignment of a Rate Schedule; and 5. Maintain accurate United States Postal Service compliant services addresses, when available, to comply with Applicable Legal Authorities. Not later than July 1, 2007, when there are two or more ESI IDs for the same service address, the service address shall include information to distinguish between the Points of Delivery at the service address. The Rate Schedules included in this Tariff state the conditions under which Companys Delivery Services are available and the applicable rates for each Delivery Service. For service to a new Retail Customer at an existing Premises, Company shall reset all Demand ratchets and Retail Customer's Billing Demand and charges for Delivery Service shall not be determined based upon Premises history not associated with the new Retail Customer or on Retail Customer's previous history at a prior location unless Company's current base rates were set based on the assumption that the Demand ratchet would not be reset, in which case, Company shall begin resetting Demand ratchets no later than the conclusion of its next general rate case. Retail Customer may, if directed by Competitive Retailer, contact the Company to discuss the appropriate Rate Schedule for the Retail Customer. If requested, Company will assist Retail Customer in selecting the Rate Schedule that is best suited to existing or anticipated Delivery Service requirements. However, Company does not assume responsibility for the selection of the Rate Schedule or for any failure to select the most appropriate Rate Schedule for Retail Customer's Delivery Service requirements. Company shall direct Retail Customer to its Competitive Retailer to initiate any changes in Rate Schedule selection. Retail Customer shall notify its Competitive Retailer, who will in turn notify Company, of any factors affecting Retail Customer's Electrical Installation or use of Premises that may affect the applicability of a Rate Schedule. Company may change a Retail Customer's Rate Schedule if Company is made aware that the Retail Customer is no longer eligible to receive service under its current Rate Schedule. MINGW4]:I-L` Eel *y1> N;Y,11d46*3:14 Bill a change in Rate Schedule is requested as a result of a change in Company's facilities or the Meter used to serve Retail Customer, or unless the change in Rate Schedule requires a different billing methodology, any change in a Rate Schedule selection shall be applicable for the entire billing cycle in which the change in Rate Schedule was requested if the request is made at least two Business Days before the Meter Read date for that Retail Customer. If a change in Company's facilities or Meter used to serve Retail Customer occurs, or if the change in Rate Schedule requires a different billing methodology or different Billing Determinants, then the change shall be effective in the next full billing cycle. 51 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 6 of 20 Effective Date: Revision: Four 5.3.7 SUSPENSION OF SERVICE 5.3.7.1 SUSPENSIONS WITHOUT PRIOR NOTICE Company may, without prior notice, intentionally suspend Delivery Service to Retail Customer where a known dangerous condition exists and for as long as it exists, provided that such suspension does not result in another dangerous or life- threatening condition. Where reasonable, given the nature of the hazardous condition, Company shall post a notice of disconnection and the reason for the disconnection at the place of common entry or upon the front door of each Retail Customer as soon as possible after service has been disconnected. Company may also suspend service when such suspension is authorized by Applicable Legal Authorities. Where Company expects that large numbers of Retail Customers will be affected by a suspension for a significant amount of time, Company will notify Retail Customers about the suspension through the use of door hangers, letters, personal canvassing, news media, or other appropriate methods. If Retail Customer believes it qualifies for designation as a critical care residential customer, chronic condition residential customer, critical load industrial customer, or critical load public safety customer under P.U.C. SUBST. R. 25.497, Retail Customer may apply for designation as provided in P.U.C. SUBST. R. 25.497. Notice of a suspension of service shall be provided to Retail Customers currently designated as critical care, or chronic condition, or critical load if reasonably possible. Nothing in this section is intended to take precedence over the timely restoration of service. 5.3.7.2 NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY INTERRUPTIONS Company may suspend Delivery Service to Retail Customer upon notice to Retail Customer's Competitive Retailer: (1) In the event of unauthorized use, connection or reconnection, or diversion of service, or Tampering with the Meter or equipment, or bypassing same; (2) In the event of Retail Customer's violation of the provisions of Company's Tariff pertaining to the use of Delivery Service in a manner which interferes with the Delivery Service of others, or the operation of nonstandard equipment, or as otherwise specified by written agreement, and a reasonable opportunity has been provided to remedy the situation; (3) Upon Retail Customer's failure to comply with the terms of any written agreement made between Company and Retail Customer, or upon default of Retail Customer under such an agreement, or upon failure to pay any charges billed by Company directly to Retail Customer pursuant to Section 5.6.2, BILLING TO RETAIL CUSTOMER BY COMPANY, after a reasonable opportunity has been provided to remedy the failure; (4) For Retail Customer's failure to provide Company with reasonable access to Company's facilities and the Meter located on Retail Customer's Premises after a reasonable opportunity has been provided to remedy the situation; or 52 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 7 of 20 Effective Date: Revision: Four (5) Upon Company's receipt of a notice requiring such action, in the form and from the party specified by the Applicable Legal Authorities. Company will not be responsible for monitoring or reviewing the appropriateness of any such notice, except as provided in Section 5.3.7.4, PROHIBITED SUSPENSION OR DISCONNECTION. 5.3.7.3 RESTORATION OF SERVICE Company will conduct restoration efforts as soon as possible following the alleviation or correction of the conditions that cause a suspension or disconnection and provide notice to Retail Customer's Competitive Retailer as soon as practicably possible. 5.3.7.4 PROHIBITED SUSPENSION OR DISCONNECTION (1) Except in the case of suspensions of service related to dangerous conditions, clearance requests, or move -out requests, Company shall not disconnect or suspend Delivery Service to Retail Customer in the following situations: (A) On a day, or on a day immediately preceding a day, when personnel of Company are not available to the public for the purpose of reconnecting Delivery Service; (B) For delinquency of payment to Company by Retail Customer's Competitive Retailer; (C) During "extreme weather conditions" as defined in the Commission's customer protection rules; (D) At a permanent, individually metered dwelling unit of a Retail Customer for non- payment of amounts billed directly to Retail Customer by Company pursuant to the Company's Tariff, when that Retail Customer establishes that disconnection of Delivery Service will cause some person residing at that residence to become seriously ill or more seriously ill. (i) Each time a Retail Customer seeks to avoid disconnection of Delivery Service under subsection (D), the Retail Customer must accomplish all of the following by the stated date of disconnection: (1) have the subject person's attending physician (for purposes of this subsection the term "physician" shall mean any public health official, including, medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) call or contact the Company by the date of the disconnection; (II) have the subject person's attending physician submit a written statement to Company; and (III) enter into a deferred payment plan. (ii) The prohibition against Delivery Service disconnection provided by subsection (D) shall last 63 days from the issuance of the bill by Company or a shorter period as agreed upon by Company and Retail Customer or subject person's physician; or (E) When the disconnection is authorized by the REP as a disconnection for nonpayment of electric service and Retail Customer is designated as a critical care residential customer, unless all of the procedures required by Company pursuant to P.U.C. Subst. R. 25.497 and P.U.C. Subst. R. 25.483 have been completed; or when the disconnection is authorized by the REP as a disconnection for nonpayment of electric service and Retail Customer is designated as a critical load industrial customer or a critical load public safety 53 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 8 of 20 Effective Date: Revision: Four customer, unless all Company - established processes are followed. If Retail Customer believes it qualifies for designation as a critical care residential customer, critical load industrial customer, or critical load public safety customer under P.U.C. Subst. R. 25.497, Retail Customer may apply for designation as provided in P.U.C. Subst. R. 25.497. 5.18 DISCONNECTION AND RECONNECTION OF SERVICE TO RETAIL CUSTOMER'S FACILITIES At the request of Retail Customer, or Retail Customer's designated Competitive Retailer, for Retail Customer related construction, alteration, emergency, or other temporary clearance, Company shall disconnect Retail Customer's facilities in accordance with Chapter 6. Competitive Retailer may request disconnection for non - payment by Retail Customer or reconnection thereafter as authorized by the Commission's customer protection rules. Company shall disconnect and reconnect Retail Customer's Premises upon request by a Competitive Retailer authorized to do so. 5.4 ELECTRICAL INSTALLATION AND RESPONSIBILITIES 5.4.1 RETAIL CUSTOMER'S ELECTRICAL INSTALLATION AND ACCESS Retail Customer is responsible for the design, installation, operation, protection, and maintenance of electric facilities beyond the Point of Delivery, and Company shall have no responsibility therefore, except for if Meter is maintained by Company. Retail Customer's Electrical Installation for receiving Electric Power and Energy must be installed in accordance with Company's specifications for electric installation, which are available upon request at Company's business offices located in the specific area where Delivery Service is desired. Retail Customer will install and maintain all of its lines and equipment in accordance with Good Utility Practice, all applicable lawful regulations and Codes, and in such condition and manner as not to endanger persons or property, or to cause impairment of Company's Delivery Service to Retail Customer or others. Retail Customer assumes responsibility for Electric Power and Energy delivered to Retail Customer at and past the Point of Delivery in accordance with Section 5.5, RETAIL CUSTOMER'S ELECTRICAL LOAD. 5.4.2 INSPECTION AND APPROVAL OF RETAIL CUSTOMER'S ELECTRICAL INSTALLATION In those locations where an ordinance requires Retail Customer to obtain a certificate of inspection and acceptance or a permit, Retail Customer will obtain all necessary permits and certificates of inspection covering its electrical installation. Company will not interconnect its Delivery System facilities with Retail Customer's Electrical Installation until Company receives notification of approval of Retail Customer's Electrical Installation by the proper authority. Company does not assume any duty of inspecting Retail Customer's lines, wires, switches, or other equipment. Without limiting the provisions of the foregoing sentence, Company may decline to interconnect its Delivery System facilities with any of Retail Customer's Electrical Installation that is known to be hazardous under applicable Codes or that is of such character that satisfactory Delivery Service cannot be provided consistent with Good Utility Practice, or where a known dangerous condition exists and for as long as it exists. 54 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 9 of 20 Effective Date: Revision: Four 5.4.3 LOCATION OF POINT OF DELIVERY AND RETAIL CUSTOMER'S ELECTRIC INSTALLATION Retail Customer's Electrical Installation must be arranged so that the location of the Point of Delivery allows Company to provide safe and reliable Delivery Service, taking into consideration the location of existing Company facilities and construction needed to connect Retail Customers Electric Installation to Company system. Any change from the Company- approved Point of Delivery may be subject to a Discretionary Service Charge pursuant to Section 6.1, RATE SCHEDULES. In the event Company is required by Applicable Legal Authorities to relocate any of its facilities, Retail Customer will, at Retail Customer's expense, relocate or change Retail Customer's Electrical Installation as required. 5.4.4 CONNECTION OF RETAIL CUSTOMER'S ELECTRICAL INSTALLATION TO COMPANY FACILITIES Only personnel authorized by Company are permitted to make, energize, or de- energize connections between Company facilities and Retail Customer's Electrical Installation. 5.4.5 PROVISIONS FOR COMPANY FACILITIES AND EQUIPMENT AND THE METER Retail Customer must grant to or secure for Company, at Retail Customer's expense, any rights - of -way or easements on property owned or controlled by Retail Customer necessary for Company to install Delivery System facilities for the sole purpose of delivering Electric Power and Energy to Retail Customer. Retail Customer must provide, without cost to Company, suitable space on Retail Customer's Premises for the installation of Delivery System facilities necessary to deliver Electric Power and Energy to Retail Customer and for installation of Metering Equipment and the Meter pursuant to Section 5.14, METER. 5.4.6 RETAIL CUSTOMER'S DUTY REGARDING COMPANY'S FACILITIES ON RETAIL CUSTOMER'S PREMISES Consistent with Section 5.2, LIMITS ON LIABILITY (which limits any legal liability only as expressly stated therein), Retail Customer shall have a duty to exercise reasonable care not to damage Company Delivery System facilities on Retail Customer's Premises and shall not be considered to be a bailee or to have possession of those facilities. Retail Customer shall not Tamper with Company's facilities or the Meter on Retail Customer's Premises. Company shall not be liable to Retail Customer for any injuries that result from such Tampering. Loss of, or damage to, Company Delivery System facilities on Retail Customer's Premises caused by or arising out of Retail Customer's Tampering or failure to exercise reasonable care not to damage such facilities shall be subject to the provisions of Section 5.2, LIMITS ON LIABILITY. Charges for such loss or damage shall be consistent with Section 6.1, RATE SCHEDULES. 55 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 10 of 20 Effective Date: Revision: Four The Retail Customer's authorization of the use of the Meter by a third party or designation of a Meter Owner does not relieve the Retail Customer of its obligations with regard to exercising care of the Delivery System or of prohibitions against Tampering with the Meter. Additionally, consistent with Section 6.1, RATE SCHEDULES, the Company may assess charges to Retail Customer for any damage or loss caused by the Retail Customer or by parties to whom Retail Customer has authorized to access the Meter. Company shall repair any street light or security light within 15 calendar days of receipt of a repair request from either the Retail Customer or Competitive Retailer unless otherwise provided in the Rate Schedules that pertain to lighting. 5.4.7 UNAUTHORIZED USE OF DELIVERY SYSTEM In the event of use or attempted use of the Delivery System, without Company's authorization, whether by Tampering with Meter or Metering Equipment or by any other means, Delivery Service may be suspended by Company. Company must comply with all Applicable Legal Authorities and Section 5.3.7, SUSPENSION OF SERVICE. A person found to be using the Delivery System without authorization must pay the charge for restoring Delivery Service as provided in Company's Rate Schedules under which that person would normally receive Delivery Service and may be required to pay all charges, including the following, before Delivery Service will be restored or initiated: (1) The Delivery Charges associated with the estimated amount of electricity delivered without Company authorization, which may be estimated based on amounts used under similar conditions during preceding years. Where no previous usage history exists at the same Premises, consumption may be estimated on the basis of usage levels of similar Retail Customers at similar Premises under similar conditions; (2) The cost of replacement or repair of any damaged Meter and associated Company equipment; (3) The cost of installment of protective facilities or of relocation of Meter, if necessary to prevent further unauthorized use; and (4) All other costs associated with the investigation and correction of the unauthorized use. 5.4.8 ACCESS TO RETAIL CUSTOMER'S PREMISES Company's duly authorized representatives have the right of access to Retail Customer's Premises at all reasonable hours, or at any hour if for the sole purpose of restoring Delivery Service, to: inspect, erect, install, maintain, upgrade, convert, remove, or replace Company's wiring apparatus and other facilities; read the Meter; and perform other activities necessary to provide Delivery Service, including tree trimming and tree removal where such trees in the opinion of Company constitute a hazard to Company personnel or facilities, or to the provision of continuous Delivery Service, provided, however, that such representatives comply with all applicable site- specific safety requirements which have been communicated by Retail Customer in writing to Company. Such personnel must exhibit a photo- identification badge to gain access. Failure to provide access may result in suspension of Delivery Service and /or additional charges under the appropriate Commission approved Tariff that shall be billed to Retail Customers designated Competitive Retailer. Company will notify Retail Customer's designated Competitive Retailer of Retail Customer's failure to provide access. Retail Customer shall not grant access to the facilities of Company and the Meter except to authorized Company representatives. 56 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 11 of 20 Effective Date: Revision: Four 5.5 RETAIL CUSTOMER'S ELECTRICAL LOAD 5.5.1 LOAD BALANCE If a Retail Customer takes multi -phase Delivery Service, Retail Customer must take reasonable actions to control the use of Electric Power and Energy so that Retail Customer's Electrical Load at the Point of Delivery is in reasonable balance. 5.5.2 INTERMITTENT ELECTRICAL LOADS AND LIMITATIONS ON ADVERSE EFFECTS Retail Customer shall not, without Company's consent, connect or operate equipment that produces voltage fluctuations, interference or distorted wave forms that adversely affect Delivery Service to other Retail Customers or that may be detrimental to the Delivery System. Such equipment includes, but is not limited to, spot and arc welding machines, X -ray machines, arc - furnaces, variable speed drives, elevators, dredges, locomotives, shovels, feed grinders, etc. Retail Customer contemplating the installation of such equipment must make specific prior arrangements through Competitive Retailer, or if directed by Competitive Retailer, with the Company directly. As part of such arrangements, Company may require the installation on Retail Customer's side of the Meter, of suitable apparatus, including additional transformer capacity or other equipment designed specifically to reasonably limit such adverse effect. Any such equipment provided by Company on the Delivery System (which may or may not be dedicated solely to such Retail Customer) to correct such adverse effects shall be treated as a Discretionary Service that is subject to the applicable Rate Schedule contained in Section 6.1, RATE SCHEDULES. Company shall comply with the procedures described in P.U.C. SUeST. R. 25.51, Power Quality. Where intermittent electrical loads or load control devices are a part of Retail Customer's installation, Company may determine through a methodology approved by the Commission, the billing Demand associated with the Retail Customer's Premises on the basis of a time interval which is shorter than that specified in Companys Rate Schedule under which Retail Customer is receiving Delivery Service. 5.5.3 EQUIPMENT SENSITIVE TO VOLTAGE AND WAVE FORMS Retail Customers planning the installation of electric equipment such as computers, communication equipment, electronic control devices, motors etc., the performance of which may be adversely affected by voltage fluctuations, distorted 60 hertz wave forms, or single phase events, are responsible for providing and installing the necessary facilities, including protective equipment, to limit these adverse effects. 5.5.4 CHANGE IN RETAIL CUSTOMER'S ELECTRICAL LOAD Retail Customer, or Competitive Retailer at the request of Retail Customer, shall notify Company when Retail Customer's Electrical Load or contracted Demand is to be changed substantially so that Company may ensure its facilities are adequate. In the event Retail Customer adds electrical load at Retail Customer's installation that results in the use of Delivery Service in excess of the maximum capacity of the Delivery System facilities serving Retail Customer, Retail Customer is subject to liability pursuant to Section 5.2, LIMITS ON LIABILITY for any damage to Company's facilities resulting from the use of Delivery Service in excess of such maximum. 57 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 12 of 20 Effective Date: Revision: Four 5.5.5 POWER FACTOR If the Power Factor of Retail Customer's load is found to be less than 95% lagging as measured at the Meter, Company may require Retail Customer to arrange for the installation of appropriate equipment on Retail Customer's side of the Meter necessary to correct Retail Customer's Power Factor between unity and 95% lagging as measured at Meter, or, if Retail Customer fails to correct its Power Factor consistent with this standard, the demand associated with Retail Customer's use of Delivery Service, as determined in the appropriate Rate Schedules in Section 6.1 RATE SCHEDULES, may be increased according to the following formulas: (1) Calculation of Power Factor Adjusted NCP kW. The NCP kW applicable under the Monthly Rate section shall be modified by the following formula: Power Factor Adjusted Monthly NCP kW= (Actual Monthly NCP kW x 0.95) /Current Month Power Factor (2) Calculation of Power Factor Adjusted 4 -CP W. Each of the Retail Customer's monthly coincident peak kW demands used to calculate the Retail Customer's average 4 CP kW demand applicable under the Monthly Rate section shall be calculated using the following formula: Power Factor Adjusted Monthly CP kW = (Actual Monthly CP kW demand at the time of the ERCOT peak x 0.95) /Monthly Power Factor Power Factor Adjusted 4 -CP kW= average of the Retail Customer's Monthly CP kW as adjusted for power factor if applicable. (3) Power Factor Adjusted Monthly NCP kW demands will be used in determining the Billing kW under the applicable tariff schedule. If Company has a different power factor billing adjustment it shall conform to these calculations upon its next general rate case. Should a Retail Customer's Power Factor deviate from the standard described above to the point that it is causing Delivery System problems for other Retail Customers, and the Retail Customer fails to correct the problem after sufficient notice, Company may install the necessary equipment on the Delivery System to correct the problem to the standard described above, and the Retail Customer shall be required to reimburse Company for the cost. 5.5.6 TESTING OF RETAIL CUSTOMER EQUIPMENT In situations where historical Demand requirements will be exceeded due to properly noticed and Company approved scheduled equipment testing, Company will ignore for Billing Demand ratchet purposes the test period demands. Approval of the equipment testing schedule including date and time, shall be at Company's discretion, but shall not be unreasonably withheld, provided Retail Customer or Competitive Retailer contacts Company at least ten days in advance of the equipment testing. In no event shall Company approved testing occur between the hours of 12 noon and 8:00 PM during the weekdays of the months of June, July, August, and September. Charges for electric usage (kWh and kW) during the test period, may be billed to the Competitive Retailer. Increased demand for the testing period shall not affect the customer's demand for billing ratchet purposes. Charges for reading and resetting the Meter, if required, shall be as calculated and shall be billed to Competitive Retailer. 58 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 13 of 20 Effective Date: Revis Fou 5.6 LIMITATIONS ON USE OF DISTRIBUTION SERVICE 5.6.1 INTRASTATE RETAIL DELIVERY SERVICE LIMITATIONS (FOR ERCOT UTILITIES) Company will not provide Delivery Service to Retail Customer where any part of Retail Customer's Electrical Installation is located outside the State of Texas or is connected directly or indirectly to any other electric lines, all or part of which are located outside the State of Texas, other than through certain high - voltage direct current interconnections constructed under orders of the Federal Energy Regulatory Commission. 5.6.2 PARALLEL OPERATION Retail Customer may not, without written agreement with Company, connect Retail Customer's Electrical Installation to a source of Electric Power and Energy in a manner that may permit Electric Power and Energy to flow into the Delivery System from such source. Retail Customer proposing the interconnection of Distributed Generation must comply with the provisions set forth in this Tariff and Applicable Legal Authorities. Requirements and specifications for all other interconnections for parallel operation shall be individually negotiated with Company. 5.7 FACILITIES EXTENSION POLICY 5.7.1 GENERAL This Facilities Extension Policy ( "Policy') addresses the requirements associated with extension of Delivery System facilities, i.e., Construction Services, at the request of Retail Customer or Competitive Retailer on behalf of its Retail Customer, for the following situations, which are sometimes collectively referred to as "extensions ": (1) Installation of standard facilities; (2) Installation of facilities in excess of standard facilities type of service and allowed for in this Tariff; (3) Installation of non - standard facilities; (4) Upgrades of facilities due to Customer adding load; (5) Electric connections to temporary facilities; and (6) Removal and relocation of facilities. normally provided for requested Company is responsible for the construction of Delivery System facilities necessary to connect Retail Customer's Point of Delivery to the Delivery System. The treatment of extension of Meter facilities is excluded from this section and is addressed in Section 5.10, METER, of this Chapter. Payments in the form of a contribution in aid of construction or an advance for construction may be required from the entity requesting such Construction Service prior to commencement of construction in accordance with Section, 5.7.4, ALLOWANCE FOR FACILITIES, Section 5.7.5, NON - STANDARD FACILITIES, and Section 6.1, RATE SCHEDULES. 5.7.2 CONTRACTUAL ARRANGEMENTS Company may require an executed Facility Extension Agreement, in the form approved by the Commission and specified in Section 6.3, AGREEMENTS AND FORMS, of this Tariff, between the entity requesting such service and Company prior to Company constructing standard and non - standard Delivery System facilities. In those instances where any payments are required, Company will provide a detailed cost estimate for the entity requesting the service to determine 59 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 14 of 20 Effective Date: Revision: Four the special contractual arrangements required before Construction Service is provided. Regardless of any such payment, Company shall at all times have title to and complete ownership and control over facilities installed by Company. 5.7.3 PROCESSING OF REQUESTS FOR CONSTRUCTION OF DELIVERY SYSTEM Requests for new residential Delivery Service requiring Construction Service, such as line extensions, shall be completed within 90 days of execution of the Facility Extension Agreement, or within a time period agreed to by the entity requesting the Construction Service and Company, and after the entity requesting Construction Service has made satisfactory payment arrangements for Construction Service Charges. For all other extensions requiring construction, requests should be completed within the time estimated by Company. For the purposes of this section, facility placement that requires a permit for a road or railroad crossing will be considered a line extension. Unless mutually agreed to by Company and Retail Customer, within ten Business Days of Company's receipt of a detailed request, Company shall give the entity requesting Construction Service an estimated completion date and an estimated cost for all charges to be assessed. Unless a delay is beyond the reasonable control of Company, a delay of more than 90 days beyond execution of the Facility Extension Agreement for new residential Delivery Service shall constitute failure to serve, unless the entity requesting the service has agreed to a longer term. The Commission may conduct enforcement action and seek penalties and other remedies for unreasonable delays. 5.7.4 ALLOWANCE FOR FACILITIES The entity requesting the service will receive an allowance for installation of facilities. The calculation of the allowance and definitions of standard and non - standard facilities are provided in Chapter 6. Payments in the form of a contribution in aid of construction may be required for requested extensions in excess of the allowance in accordance with Chapter 6. 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 allowance. 5.7.5 NON - STANDARD FACILITIES Non- standard facilities are defined in Chapter 6, and may include but are not limited to a two -way feed, automatic and manual transfer switches, Delivery Service through more than one Point of Delivery, redundant facilities, facilities in excess of those normally required for Delivery Service, or facilities necessary to provide Delivery Service at a non - standard voltage. If the entity requesting Construction Service desires Delivery Service utilizing non - standard Delivery System facilities, as described above and not covered elsewhere in this Tariff, Company shall construct such facilities unless, in the reasonable judgment of Company, such construction would impair Company's facilities or facilities with which Company is interconnected, impair the proper operation of such facilities, impair service to Retail Customers, or there are other appropriate concerns that the entity requesting service is unable or unwilling to correct. The entity requesting Construction Service shall pay to Company the estimated cost of all non- standard facilities, offset by any applicable allowance, as detailed in Chapter 6, and the Facility Extension Agreement. 60 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 15 of 20 Effective Date: Revision: Four 5.7.6 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, should a contribution in aid of construction be required pursuant to Chapter 6, only the cost of the facility upgrades that are attributable to the Retail Customer's request will be included in calculating a payment to Company. 5.7.7 TEMPORARY DELIVERY SYSTEM Company is responsible for the extension of Delivery System facilities necessary to connect Retail Customer's temporary Point of Delivery to Company's Delivery System for the purpose of providing temporary Delivery Service. Retail Customer, or the entity requesting such service, shall pay Company prior to Company's constructing temporary Delivery System facilities in accordance with Chapter 6. 5.7.8 REMOVAL AND RELOCATION OF COMPANY'S FACILITIES AND METERS Company may remove or relocate Company facilities and the Meter at Retail Customer's request unless doing so would create a safety hazard or would be incompatible with providing safe and reliable Delivery Service. Retail Customer, or the entity requesting such removal or relocation, shall pay to Company the total cost of removing or relocating such Delivery System facilities in accordance with Chapter 6. Company shall notify Competitive Retailer of all Meter Removals pursuant to this section. 5.7.9 DISMANTLING OF COMPANY'S FACILITIES Company may, upon discontinuation of Delivery Service to Retail Customer, dismantle and remove all lines, equipment, apparatus, or other facilities, which Company installed to provide Delivery Service to Retail Customer. Company may abandon in place, in whole or in part, its underground lines and equipment in lieu of removing such. Company shall be subject to liability pursuant to Section 5.2 LIMITS ON LIABILITY (which limits any legal liability only as expressly stated therein), for any such abandoned lines or equipment, and may offer Retail Customer the option to terminate applicable easements pursuant to this Tariff. If Company removes outdoor lighting on its own initiative, it shall not charge for removal. A Retail Customer or a Competitive Retailer on behalf of Retail Customer, shall request removal of outdoor lighting facilities at least 30 days prior to the requested removal date. The removal request shall be completed by Company on requested removal date. If mutually agreed to by Company and the Retail Customer, or the Competitive Retailer on behalf of the Retail Customer, Company may begin the removal of outdoor lighting facilities and complete the removal of outdoor lighting facilities on a date or dates other than the initially requested removal date. 5.8 BILLING AND REMITTANCE 5.8.1 BILLING OF DELIVERY CHARGES Company shall bill Retail Customer's selected Competitive Retailer for all charges associated with Delivery Services and Discretionary Charges not associated with Construction Services. In no case shall Delivery Service Charges be billed to a Competitive Retailer for a time period when the Competitive Retailer was not the Retail Electric Provider for the Retail Customer. 61 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 16 of 20 Effective Date: Revision: Four 5.8.2 BILLING TO RETAIL CUSTOMER BY COMPANY For Construction Services, Company shall bill the entity that requests Construction Services from Company. When Retail Customer requests such services, Company may, pursuant to this Tariff and according to the terms of Facility Extension Agreement, require prepayments, contributions inaid of construction, or lump -sum payments for Construction Services. Upon a showing by Retail Customer of satisfactory credit, Company may extend payment options, such as deferred payment plans or installments of charges associated with Construction Services. Charges billed to Retail Customer pursuant to this section shall remain the responsibility of Retail Customer regardless of any change in Retail Customer's designated Competitive Retailer. Retail Customers may also be billed by Company for damage caused to Company facilities by Retail Customer, pursuant to Section 5.4.6, RETAIL CUSTOMER'S DUTY REGARDING COMPANY'S FACILITIES ON RETAIL CUSTOMER'S PREMISES, or Section 5.5.4, CHANGE IN RETAIL CUSTOMER'S ELECTRICAL LOAD, or for costs incurred by Company to correct any adverse effects of Retail Customer's Electrical Installation pursuant to Section 5.5.2, INTERMITTENT ELECTRICAL LOADS AND LIMITATIONS ON ADVERSE EFFECTS, or to correct Power Factor problems pursuant to Section 5.5.5, POWER FACTOR. 5.9 DEFAULT AND REMEDIES ON DEFAULT 5.9.1 COMPANY REMEDIES ON DEFAULT BY COMPETITIVE RETAILER Upon failure of Competitive Retailer to timely abide by the terms of this Tariff, Competitive Retailer may be required to transfer Retail Customer to the POLR or arrange for Retail Customers to be served by another qualified Competitive Retailer or the POLR, as provided in Section 4.6 DEFAULT AND REMEDIES ON DEFAULT. 5.10 METER 5.10.1 METERING PRACTICES Unless otherwise agreed to by Company and Retail Customer, Delivery Service is provided through one Point of Delivery, with Retail Customer's service entrance arranged so that Company can measure Retail Customer's Service with one Meter. Additional information, including information concerning non - Company or advanced metering installations, may be found in Chapter 6. 5.10.2 RETAIL CUSTOMER RESPONSIBILITY AND RIGHTS Each Retail Customer shall use reasonable care not to damage any of Company's Metering Equipment and related appurtenances on Retail Customer's Premises. Meters for residential Retail Customers shall be Company -owned unless otherwise determined by the Commission. Retail Customers required by the Independent Organization to have an IDR Meter may choose a Meter Owner, other than Company, in accordance with Applicable Legal Authorities otherwise, the Meter shall be owned by the Company. Retail Customer shall own all Meter Data related to the premise occupied by that customer, regardless of whether the Meter Owner is the Retail Customer, the owner of the premise or a third party. Ownership of the Meter Data does not affect Company's obligations under this Tariff or other Applicable Legal Authorities to transmit Meter Data to the Independent Organization or the Retail Customer's Competitive Retailer. To the extent that data integrity is not compromised, the Retail Customer shall have the right to physical access to the Meter to obtain such Meter Data when technically feasible. The Retail Customer shall have the right and capability, including 62 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 17 of 20 Effective Date: Revision: Four necessary security passwords, to assign access to the Retail Customer's Meter Data related to the premise occupied by that customer. "Physical Access" does not grant a customer the right to access a Meter in any way that may allow the customer the ability, directly or indirectly to alter billing and settlement data or compromise the safety of the Meter. Retail Customer is precluded from accessing any element of the Meter that may permit Retail Customer to alter billing and settlement data or compromise the accuracy or integrity of the Meter Data. Retail Customer and, to the extent authorized by the Retail Customer, its designated Competitive Retailer shall have access to all of Retail Customer's Meter Data, including the data used to calculate charges for Delivery Service, Retail Customer's historical load data and other proprietary customer data from Company pursuant to Applicable Legal Authorities. If authorized by the Commission, Company may assess a charge for compiling such data pursuant to Section 6.1, RATE SCHEDULES. 5.10.2.1 REQUIREMENTS Retail Customer shall provide the following, at no cost to Company, at a suitable and easily accessible location: (1) Sufficient and proper space for installation of Meter and Metering Equipment; (2) Meter socket and Meter enclosure as specified by Company for all self - contained Meters; (3) Meter loop; and (4) An adequate anchor for Service Drops. Where the Point of Delivery is inside the building, Customer shall provide the service entrance enclosure and space for Company's instrument transformers, as required. Retail Customer shall install Company- approved Meter socket or Meter enclosure. No Meter or Metering Equipment may be by- passed for any reason without prior approval of Company or as permitted by Applicable Legal Authorities. 5.10.3 METERING OF RETAIL CUSTOMER'S INSTALLATION IN MULTI - METERED BUILDINGS When Delivery Service is measured through individual Meters for each living unit in multi - family dwellings or each retail space in a multi - tenant building, the property owner of each individually metered living unit or retail space is responsible for proper connection of Retail Customer's Electrical Installation to the Meter socket for Meter, including correct identification and labeling of Meter socket in order to designate living unit or retail space being metered. Company requires property owner, at property owner's expense, to correct any improper connection or identification and, when responsible, reimburse Company for any costs incurred as a result of the improper connection except as otherwise required by Applicable Legal Authorities. 5.10.4 LOCATION OF METER Consistent with Good Utility Practice, a Meter and its associated equipment shall be installed in a location that facilitates the provision of safe and reliable Delivery Service and accurate measurement and that provides a clear working space on all sides. The center of the Meter shall be not less than four feet and not more than six feet above the finished grade. All Meter locations should be as near as possible to the Point of Delivery. Meters for residential Retail Customers are to be located outside the building. Meter location for nonresidential Retail Customers normally will be outside the building. Inside locations may be permitted with Company's approval. 63 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 18 of 20 Effective Date: Revision: Four Meters will not be installed as follows: (1) In any hazardous location; (2) In any place where vibration, moisture, fumes or dust may damage the Meter or interfere with its operation; (3) Directly over any stairway, ramp or steps; (4) On any portion of a building which at a later date will be enclosed and thereby render the Meter inaccessible; (5) In any location accessible only through a hatchway, trapdoor, or by means of a ladder; or (6) In 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, alley or driveway which provides access to commercial or industrial property. 5.10.5 NON - COMPANY OWNED METERS Company shall provide all services associated with the Meter unless otherwise authorized by the Commission in accordance with Applicable Legal Authorities, including but not limited to, ownership, installation, removal, maintenance, testing and calibration, and data collection and management for Company billing and submission to Independent Organization. Requests for installation and /or removal of a Non - Company Owned Meter shall be made by the Retail Customer's Competitive Retailer in accordance with Applicable Legal Authorities, or by the Retail Customer to the Company directly. All such requests must include at least the following information: (1) Retail Customer contact name; (2) Retail Customer contact phone number; (3) Meter Owner contact name, address and phone number; (4) Meter Type and manufacturer; (5) Competitive Retailers contact name and phone number; (6) ESI ID if in existence and available; (7) Service address and directions to location when appropriate; (B) Service requested; and (9) Name, address, phone number and e-mail address of any agent designated by Retail Customer to make arrangements with Company for the requested service. Company shall acknowledge receipt of the request to Retail Customer, Competitive Retailer or Retail Customer's designated agent and will contact the entity designated by the Retail Customer to make proper arrangement to provide the requested service in accordance with Applicable Legal Authorities. An executed Service Agreement as approved by the Commission is required before installation of a Non - Company Owned Meter. The Service Agreement will include authorization of the Retail Customer's designated Meter Owner and will be in the form specified in Section 6.3, AGREEMENTS AND FORMS. Retail Customer is responsible for ensuring that Company is notified of any changes concerning the Non - Company owned Meter in accordance with the Service Agreement and Applicable Legal Authorities. The installation of a Meter that will cause a change of the settlement profile for the ESI ID may occur at anytime of the month, however the settlement profile will not change until the beginning of the next scheduled Meter Reading/billing cycle. 64 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 19 of 20 Effective Date: Revision: Four Company shall not remove the Non - Company Owned Meter upon de- energization of the Meter unless a specific request for Meter removal has been made by the Retail Customer, the Retail Customer's Competitive Retailer, the customer's designated agent or the Meter owner. However, if the Company receives a request to energize a Meter not owned by the Company and there is not an agreement in place with the Meter Owner at the time that energization is requested, the Company may remove the Meter. Upon removal of a Non - Company Owned Meter, Company shall immediately contact the Retail Customer, Meter Owner, and Competitive Retailer and shall ship the Meter Cash on Delivery (COD) to designated Meter Owner or shall safeguard the Meter until the earlier of (a) the date the Meter Owner takes possession of the Meter, or (b) 60 calendar days from the date of removal of the Meter. If the Meter Owner fails to take possession of the Meter within 60 calendar days or upon 30 days of the return of a Meter that has been shipped COD, the Company is no longer responsible for safeguarding the Meter and may dispose of it in any manner the Company deems appropriate. Charges associated with Non - Company Owned Meters will be invoiced directly to the Retail Customer, Competitive Retailer, or the entity requesting the service, pursuant to Chapter 6, including charges for the installation, removal, and storage of a Non - Company Owned Meter and the installation and removal of a Meter owned by the Company. 5.11 RETAIL CUSTOMER INQUIRIES 5.11.1 SERVICE INQUIRIES Retail Customer may contact Company directly regarding the Delivery Service, for the following situations: (1) Inquiries regarding site specific Delivery Services; (2) Construction of new lines, installation of a Meter, modification of existing equipment or change in Point of Delivery; or (3) Special circumstances such as Delivery Service requirements that are of non - standard size or characteristics. Retail Customer seeking information about the above items may contact the Company during normal business hours. In the event that Company personnel with the expertise needed to respond to the inquiry are not immediately available at the time of the Retail Customer's call, Company shall ensure that the Retail Customer is contacted within two Business Days. 5.11.2 COMPLAINTS Retail Customer may submit written complaints about Delivery Service to Company and may call Company to lodge complaints orally. Retail Customer shall contact the person listed under Section 5.1.2, COMPANY CONTACT INFORMATION. Company shall inform Retail Customer of its right to file a complaint with the Commission. Company shall provide contact information for the Commission to the Customer. 5.11.3 BILLING INQUIRIES Retail Customer inquiries concerning billing related issues shall be directed to Retail Customer's designated Competitive Retailer. Inquiries related to billing for Construction Services billed directly to Retail Customer should be referred to Company. 65 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Chapter 5: Service Rules & Regulations (Retail Customers) Applicable: Entire Certified Service Area Page 20 of 20 Effective Date: Revision: Four 5.12 OUTAGE REPORTING 5.12.1 NOTIFICATION OF INTERRUPTIONS, IRREGULARITIES, AND SERVICE REPAIR REQUESTS Retail Customer should report outages, interruptions, irregularities, or repair requests as directed by its designated Competitive Retailer. Company shall maintain a toll free number to receive, in either English or Spanish, reports of interruptions, irregularities, or repair requests from a Retail Customer, If Retail Customer directly contacts Company, Retail Customer must ensure that all necessary information is communicated to Company in a timely manner so as not to unnecessarily delay Company's response. The data necessary includes the following: (1) Retail Customer name, and if different, contact name; (2) Retail Customer phone number, and if different, contact phone number; (3) Service address (including city and zip code) and directions to location; (4) ESI ID, if available; and (5) Description of problem. 5.12.2 RESPONSE TO REPORTS OF INTERRUPTIONS AND REPAIR REQUESTS The Company will promptly investigate reported problems. If, upon making a Service Call, Company determines that a reported problem is caused by a condition on Retail Customer's side of the Point of Delivery, Company shall notify Competitive Retailer, and charge Competitive Retailer a fee for the Service Call pursuant to the applicable Service Charges in Chapter 6 of this Tariff. 66 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.1 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: January 1, 2012 Revision: Four Chapter 6: Company Specific Items 6.1 Rate Schedules 6.1.1 Delivery System Charges 6.1.1.1 Charges for Transmission and Distribution System Service 6.1.1.1.1 Residential Service AVAILABILITY This schedule is applicable to Delivery Service for residential purposes (which may include a small amount of non - residential usage incidental to residential usage) of a permanent nature to Individual Private Dwellings (including their appurtenant structures) and to individually metered apartments when such Delivery Service is to one Point of Delivery and measured through one Meter and is not for shared or resale purposes. Residential Service is limited to one Individual Private Dwelling per platted parcel of land or postal delivery address. If a premise is primarily used for non - residential purposes, Delivery Service will be provided under the Company's appropriate Secondary Service or Primary Service rate schedule. This schedule is not available for non - residential service, including but not limited to water wells, electric gates, barns, garages, boat docks, airplane hangars, or recreational vehicle parks, or for structures on the platted parcel of land requiring a separate Meter. TYPE OF SERVICE Delivery Service will be single - phase, 60 hertz, at a standard secondary voltage. Delivery Service will be metered using Company's standard watt -hour meter provided for this type of Delivery Service. Any other metering option(s) will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to section 6.1.2.2 of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $0.78 per Retail Customer Metering Charge $2.28 per Retail Customer Transmission System Charge $0.00 per kWh Distribution System Charge $0.018583 per kWh ll. System Benefit Fund: $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000169 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: - See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF 67 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.1 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: January 1, 2012 Revision: Four VII. Advanced Metering Cost Recovery Factor: Other Charges or Credits Vlll. Rate Case Expense Surcharge: IX. State Colleges and Universities Discount: X. Regulatory Surcharge: See Rider AMCRF See Rider RCE per kWh See Rider SCUD See Rider RS per kWh COMPANY SPECIFIC APPLICATIONS Delivery Service is also available at three -phase 60 hertz, at a standard secondary voltage. NOTICE This rate schedule is subject to the Company's `tariff and Applicable Legal Authorities. 68 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.2 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: January 1, 2012 Revision: Five 6.1.1.1.2 Secondary Service Less Than or Equal to 10 kW AVAILABILITY This schedule is applicable to Delivery Service for non - residential purposes at secondary voltage with demand less than or equal to 10 kW when such Delivery Service is to one Point of Delivery and measured through one Meter and is not for shared or resale purposes. TYPE OF SERVICE Delivery Service will be single- phase, 60 hertz, at a standard secondary voltage. Delivery Service will be metered using Company's standard watt -hour meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to Section 6.1.2.2 of this Tariff. MONTHLY RATE 1. Transmission and Distribution Charges: Customer Charge $1.71 per Retail Customer Metering Charge $5.19 per Retail Customer Transmission System Charge $0.00 per kWh Distribution System Charge $0.020109 per kWh II. System Benefit Fund: $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000146 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC VII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits VIII. Rate Case Expense Surcharge: See Rider RCE per kWh IX. State Colleges and Universities Discount: See Rider SCUD X. Regulatory Surcharge: See Rider RS per kWh 69 Tariff for Retail Delivery Service Oncor Electric Delivery Company LILC 6.4.1 Delivery System Charges Sheet: 1.2 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: January 1, 2012 Revision: Five COMPANY SPECIFIC APPLICATIONS Delivery Service is also available at three -phase 60 hertz, at a standard secondary voltage. Premises with a standard watt-hour meter that use 3,500 kWh or more in a month will have a demand meter installed to determine continued eligibility under this schedule. If the usage at a premise with an advanced meter reaches or exceeds 3,500 kWh in a month, any recorded demand of greater than 10 kW in subsequent months will result in the premise being assigned to the Secondary Greater than 10 kW rate schedule. UNMETERED SERVICE Company will provide unmetered service and calculate billing determinants for such service based on a 100 percent load factor. These billing determinants are applied to all charges included in this rate schedule. Delivery Service to telecommunications devices and governmental non - lighting related loads whose maximum power requirements do not exceed 80 watts will be billed at the Monthly Rate specified above, subject to the following conditions: 1. The monthly energy consumption for devices with a maximum load of 20 watts or less will be set at 10 kWh per device. 2. The monthly energy consumption for devices with a maximum load of 21 to 40 watts will be set at 20 kWh per device. 3. The monthly energy consumption for devices with a maximum load of 41 to 60 watts will be set at 35 kWh per device. 4. The monthly energy consumption for devices with a maximum load of 61 to 80 watts will be set at 50 kWh per device. 5. A maximum of 50 individual devices can be aggregated to a single account (i.e., a single ES1 ID), subject to the following conditions: a. All aggregated devices must have the same assigned monthly energy consumption (i.e., either 10 kWh, 20 kWh, 35 kWh, or 50 kWh per device); b. All aggregated devices must be located in the same city and county (or, in the event all of the devices are located outside the limits of an incorporated city, all devices must be located in the same county). In lieu of the meter charge, a per device charge of $1 per month will be added to the applicable charges. AGREEMENT Provision of unmetered service will require an agreement that includes certification by the retail customer on at least an annual basis of the number of installed devices and specific location of each device. Failure by retail customer to obtain Company's authorization for changes to unmetered service may result in Company's refusal to continue service. NOTICE This rate schedule is subject to the Company's Tariff and Applicable legal Authorities. 70 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.3 Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: January 1, 2012 Revision: Five 6.1.1.1.3 Secondary Service Greater Than 10 kW AVAILABILITY This schedule is applicable to Delivery Service at secondary voltage with demand greater than 10 kW when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be single or three - phase, 60 hertz, at a standard secondary voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to Section 6.1.2.2 of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge Metering Charge Transmission System Charge Non -IDR Metered OR Metered Distribution System Charge $6.80 per Retail Customer $22.14 per Retail Customer $0.00 per NCP kW $0.00 per 4CP kW See Table Below NCP kW Annual Load Factor per Distribution Billing kW Less than orequal to 20 kW All $4.38 Greater than 20 kW 0%-10% $6.10 11 % -15% $5.47 16%-20% $5.16 21 % -25% $5.01 26% and above $4.38 11. System Benefit Fund: $0.000654 See Riders TC1 and TC2 $0.044 See Rider TCRF See Rider EECRF See Rider CMC per kWh, See Rider SBF Ill. Transition Charge: 1V. Nuclear Decommissioning Charge: V. Transmission Cost Recovery Factor: VI. Energy Efficiency Cost Recovery Factor: VII. Competitive Meter Credit: 71 per Distribution System billing kW per Distribution System billing kW, See Rider NDC Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.3 Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: January 1, 2012 Revision: Five VIII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per Distribution System billing kW X. State Colleges and Universities Discount: See Rider SCUD XI. Regulatory Surcharge: See Rider RS per Distribution System billing kW COMPANY SPECIFIC APPLICATIONS At Company's option, locations where the electrical installation has multiple connections to Company's conductors, due to Company facilities limitations or design criteria, may be considered one Point of Delivery for billing purposes. DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES DETERMINATION OF NCP kW The NCP kW applicable under the Monthly Rate section shall be the kW supplied during the 15 minute period of maximum use during the billing month. DETERMINATION OF 4 CP kW The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customers integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the months of June, July, August and September of the previous calendar year. The Retail Customer's average 4CP demand will be updated effective on January 1 of each calendar year and remain fixed throughout the calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed at the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP kW. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES DETERMINATION OF ANNUAL LOAD FACTOR The Annual Load Factor for each premise shall be calculated using the previous year's usage for that premise ending with the December Bill Cycle. The Annual Load Factor shall apply for the following 12 billing months. The Annual Load Factor calculation is as follows: kWh Used in 12 Billing Months Ending December Maximum NCP kW for the 12 Billing Months Ending December * Days in Billing Periods "24 For premises with less than 12 months usage history, the available billing history shall be used for determining the Annual Load Factor. However, if less than 90 days of billing history is available, the premise shall be assumed to have an Annual Load Factor greater than 25 %. DETERMINATION OF BILLING kW For loads whose maximum NCP kW established in the 11 months preceding the current billing month is less than or equal to 20 kW, the Billing kW applicable to the Distribution System Charge shall be the NCP kW for the current billing month. 72 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.3 Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: January 1, 2012 Revision: Five For loads whose maximum NCP kW established in the 11 months preceding the current billing month is greater than 20 kW and their Annual Load Factor is less than or equal to 25 %, the Billing kW applicable to the Distribution System Charge shall be the NCP kW for the current billing month. Billing kW applicable to Riders TC, NDC, RCE charges shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). For all other loads, the Billing kW applicable to the Distribution System Charge shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). The 80% ratchet and the Annual Load Factor Provisions shall not apply to Retail Seasonal Agricultural Customers. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 73 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: January 1, 2012 Revision: Five 6.1.1.1.4 Primary Service Less Than or Equal to 10 kW AVAILABILITY This schedule is applicable to Delivery Service for non - residential purposes at primary voltage when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be single or three - phase, 60 hertz, at a standard primary voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to Section 6.1.2.2 of this Tariff. MONTHLY RATE Transmission and Distribution Charges: Customer Charge Metering Charge Transmission System Charge Distribution System Charge System Benefit Fund: $4.00 per Retail Customer $12.62 per Retail Customer $0.00 per kWh $0.005551 per kWh $0.000639 per kWh, See Rider SBF Ill. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000096 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC Vlll, Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per kWh X. State Colleges and Universities Discount: See Rider SCUD XI. Regulatory Surcharge: See Rider RS per kWh NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 74 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.5 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: January 1, 2012 Revision: Five 6.1.1.1.5 Primary Service Greater Than 10 kW — Distribution Line AVAILABILITY This schedule is applicable to Delivery Service for non - residential purposes at primary voltage when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be single or three- phase, 60 hertz, at a standard primary voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to 6.1.2.2 of this Tariff. MONTHLY RATE 1. Transmission and Distribution Charges: Customer Charge $14.95 per Retail Customer Metering Charge $24.69 per Retail Customer Transmission System Charge Non -IDR Metered $0.00 per NCP kW IDR Metered $0.00 per 4CP kW Distribution System Charge $3.37 per Distribution System billing kW It. System Benefit Fund: $0.000639 per kWh, See Rider SBF Ill. Transition Charge: See Rider TC1 and per Distribution System billing TC2 kW IV. Nuclear Decommissioning Charge: $0.045 per Distribution System billing kW, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC Vlll. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per Distribution System billing kW X. State Colleges and Universities Discount: See Rider SCUD XI. Regulatory Surcharge: See Rider RS per Distribution System billing kW 75 Tariff for Retail Delivery Service Oncor Electric Delivery Company L.L.0 6.1.1 Delivery System Charges Sheet: 1.5 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: January 1, 2412 Revision: Five COMPANY SPECIFIC APPLICATIONS At Company's option, locations where the electrical installation has multiple connections to Company's conductors, due to Company facilities limitations or design criteria, may be considered one Point of Delivery for billing purposes. DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES DETERMINATION OF NCP kW The NCP kW applicable under the Monthly Rate section shall be the kW supplied during the 15 minute period of maximum use during the billing month. DETERMINATION OF 4 CP kW The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the months of June, July, August and September of the previous calendar year. The Retail Customer's average 4CP demand will be updated effective on January 1 of each calendar year and remain fixed throughout the calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed at the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP W. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES DETERMINATION OF BILLING kW For loads whose maximum NCP kW established in the 11 months preceding the current billing month is less than or equal to 20 kW, the Billing kW applicable to the Distribution System Charge shall be the NCP kW for the current billing month. For all other loads, the Billing kW applicable to the Distribution System Charge shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). The 80% ratchet shall not apply to Retail Seasonal Agricultural Customers. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 76 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6. 1.1 Delivery System Charges Sheet: 1.6 Applicable: Entire Certified Service Area page 1 of 2 Effective Date: January 1, 2012 Revision: Two 6.1.1.1.6 - Primary Service Greater Than 10 kW -- Substation AVAILABILITY This schedule is applicable to Delivery Service taken directly from a Company -owned substation for non- residential purposes at primary voltage when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be single or three - phase, 60 hertz, at a standard primary voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to 6.1.2.2 of this Tariff. MONTHLY RATE 1. Transmission and Distribution Charges: Customer Charge Metering Charge Transmission System Charge Distribution System Charge $76.61 per Retail Customer $221.32 per Retail Customer $0.00 per 4CP kW $0.93 per Distribution System billing kW IL System Benefit Fund: 111. Transition Charge: IV. Nuclear Decommissioning Charge: V. Transmission Cost Recovery Factor: VI. Energy Efficiency Cost Recovery Factor: VII. Competitive Meter Credit: Vill. Advanced Metering Cost Recovery Factor: Other Charges and Credits IX. Rate Case Expense Surcharge: X. State Colleges and Universities Discount: XI. Regulatory Surcharge: $0.000639 Per kWh, See Rider SBF See RiderTC1 and per Distribution System billing TC2 kW $0.045 per Distribution System billing kW, See Rider NDC See Rider TCRF per NCP kW or 4CP kW, as applicable See Rider EECRF See Rider CMC See Rider AMCRF See Rider RCE See Rider SCUD See Rider RS per Distribution System billing kW per Distribution System billing kW 77 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.6 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: January 1, 2012 revision: Two COMPANY SPECIFIC APPLICATIONS At Company's option, locations where the electrical installation has multiple connections to Company's conductors, due to Company facilities limitations or design criteria, may be considered one Point of Delivery for billing purposes. DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES DETERMINATION OF NCP kW The NCP kW applicable under the Monthly Rate section shall be the kW supplied during the 15 minute period of maximum use during the billing month. DETERMINATION OF 4 CP kW The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the months of June, July, August and September of the previous calendar year. The Retail Customer's average 4CP demand will be updated effective on January 1 of each calendar year and remain fixed throughout the calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed at the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP kW. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES DETERMINATION OF BILLING kW For loads whose maximum NCP kW established in the 11 months preceding the current billing month is less than or equal to 20 kW, the Billing kW applicable to the Distribution System Charge shall be the NCP kW for the current billing month. For all other loads, the Billing kW applicable to the Distribution System Charge shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). The 80% ratchet shall not apply to Retail Seasonal Agricultural Customers. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 78 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1 .1 Delivery System Charges Sheet: 1.7 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: January 1, 2012 Revision: Five 6.1.1.1.7 Transmission Service AVAILABILITY This schedule is applicable to Delivery Service for non - residential purposes at transmission voltage when such Delivery Service is to one Point of Delivery and measured through one Meter. TYPE OF SERVICE Delivery Service will be three - phase, 60 hertz, at a standard transmission voltage. Delivery Service will be metered using Company's standard meter provided for this type of Delivery Service, unless Retail Customer is eligible for and chooses a competitive meter provider. Any meter other than the standard meter provided by Company will be provided at an additional charge. Where Delivery Service of the type desired is not available at the Point of Delivery, additional charges and special contract arrangements may be required prior to Delivery Service being furnished, pursuant to Section 6.1.2.2 of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $114.51 per Retail Customer Metering Charge $239.29 per Retail Customer Transmission System Charge $0.00 per 4CP kW Distribution System Charge $0.58 per Distribution System billing kW I1. System Benefit Fund: $0.000630 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 per Distribution System billing and TC2 kW IV. Nuclear Decommissioning Charge: $0.046 per Distribution System billing kW, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC Other Charges or Credits VIII. Rate Case Expense Surcharge: See Rider RCE per Distribution System billing kW IX. State Colleges and Universities Discount: See Rider SCUD X. Regulatory Surcharge: See Rider RS per Distribution System billing kW 79 Tariff for Retail Delivery Service Oncor Electric Delivery Company L.L.0 6.1.1 Delivery System Charges Sheet: 1.7 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: January 1, 2012 Revision: Five COMPANY SPECIFIC APPLICATIONS DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES DETERMINATION OF 4 CP kW The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's integrated 15 minute demands at the time of the monthly ERCOT system 15- minute peak demand for the months of June, July, August and September of the previous calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed based on estimated 4 CP kW, in accordance with the following procedures: (a) Retail Customers having OR data for fewer than 4 CP kW, but at least 2 CP kW, will be billed based on the average of the actual CP kW, so long as the CP kW are representative of the Retail Customer's expected load, as derived from engineering estimates. If the CP kW are not representative of the expected load, the estimated 4 CP kW will be set based on mutual agreement between the Retail Customer and the Company.. (b) Retail Customers that do not have at least 2 CP kW will be billed by estimating the Retail Customer's 4 CP kW demand by applying a class coincidence factor to the Retail Customer's NCP kW, using the formula: Estimated 4 CP kW = (NCP kW "TCCF) where: NCP kW is the highest 15- minute integrated demand of an individual Retail Customer served at transmission voltage during the month; and TCCF is the transmission class coincidence factor for the months June, July, August, and September calculated from the Company's most recent UCOS proceeding using the following formula: TCCF = E Class CP kW for June, July August, September E Class NCP kW for June, July, August, September Where: Class CP kW is the transmission voltage rate class' 15- minute demand at the time of the ERCOT CP and Class NCP kW is the transmission voltage class' maximum 15- minute demand during a month. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES DETERMINATION OF BILLING kW The Billing kW applicable to the Distribution System Charge shall be the higher of the NCP kW for the current billing month or 80% of the highest monthly NCP kW established in the 11 months preceding the current billing month (80% ratchet). The 80% ratchet shall not apply to Retail Seasonal Agricultural Customers. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 80 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 1 of 7 Effective Date: January 1, 2012 Revision: Seven 6.1.1.1.8 Lighting Service Street Lighting Service AVAILABILITY Applicable to Competifive Retailer for street lighting, pedestrian walkway lighting, and overhead sign lighting service to governmental entities in areas served by Company. Overhead sign lighting is available only under the provisions of Schedule D of the Monthly Rate - Unmetered Facilities or the Monthly Rate - Metered Facilities - Non - Company -Owned provisions or the appropriate Secondary Service or Primary Service Rate Schedule. TYPE OF SERVICE Single or three phase, 60 hertz, at any of the Company's standard secondary or primary service voltages as required by Competitive Retailer. Where existing distribution facilities are not adjacent to the point of delivery, additional charges and special contract arrangements may be required prior to its being furnished. If service is provided at primary voltage, Company may at its option meter service on the secondary side of the governmental entity's transformers and adjust for transformer losses in accordance with Company's Tariff for Retail Delivery Service. MONTHLY RATE I. Unmetered Facilities Points of Delivery (POD) Charqe: $57.41 per governmental entity served by the Competitive Retailer. Lamp Watts Lumens kWh Schedule Rectangular* Post -Top` A B* C* and D Mercury Vapor * (See Note 1) 175 7,900 70 $10.49 $14.88 $1.53 $26.77 $9.63 400 21,000 150 $11.47 $20.06 $3.14 N.A. N.A. 1,000 63,000 370 $14.55 $24.30 $7.56 N.A. N.A. Sodium Vapor 100 9,500 40 $10.19 $14.59 $0.92 $26.54 $9.34 150 16,000 70 $10.71 $16.24 $1.53 N.A. N.A. 200 22,000 80 $90.78 $19.37 $1.73 N.A. N.A. 250 27,500 100 $11.00 $19.60 $2.13 $25.69 NA. 400 50,000 160 $12.49 $22.23 $3.34 N.A. N.A. 1,000* 140,000 375 $14.51 $24.28 $7.66 N.A N.A. Metal Halide 150 14,000 65 $12.42 N.A $1.43 N.A. N.A. 175 (see note z 14,000 65 $12.42 $18.80 $1.43 N.A. N.A. 250 25,000 100 $14.26 $22.29 $2.13 $36.62 N.A. 400 36,000 160 $14.74 $23.04 $3.34 $36.62 N.A. 1,000` 110,000 370 $17.75 $26.03 $7.56 $40.98 N.A. LED/Lo (See Note 3} 100 40 N.A. N.A. $0.92 NA. N.A. Other Incandescent* All $10.19 Historical* Mercury Vapor 175 7,900 70 $10.47 Sodium Vapor 100 9,500 40 $10.19 Sodium Vapor 150 16,000 70 $10.72 Metal Halide 175 114,000 65 $12.40 81 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 2 of 7 Effective Date: January 1, 2012 Revision: Seven Note 1: Mercury Vapor options are closed to new installations. Company will continue to maintain existing Mercury Vapor installations and will, at Company's option, install a Metal Halide ballast in place of a failed Mercury Vapor ballast. As existing fixtures are damaged and must be replaced, Retail Customer will have the option to switch its service to the lamp type as specified in Mercury Vapor Fixture Replacement Schedule below or to cancel service at no cost. Existing 250 Watt Mercury Vapor lighting will be billed at same rate as 175 Watt. Note 2: 175 Watt Metal Halide option is closed to new installations. Company will continue to maintain existing 175 watt metal halide lamps as long as replacement lamps are available. When replacement lamps are no longer available, Company will replace failed 175 watt metal halide lamps with 150 watt metal halide lamps. Customer will have the option to cancel 175 watt service at no cost. Note 3: LED and other low wattage installations (100 watts or below) not listed above shall be billed under Schedule D and have a calculated consumption of 40 kWh per lamp per month. " Closed to new street lighting installations II. System Benefit Fund: $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits VIII. Rate Case Expense Surcharge: See Rider RCE per kWh IX. State Colleges and Universities Discount: See Rider SCUD X. Regulatory Surcharge: See Rider RS per kWh DEFINITIONS Pedestrian Walkway lighting: Pedestrian walkway lighting is used to illuminate sidewalks along municipally -owned streets and roads and within municipally -owned parks and recreational areas. Standard Allowance: An amount equal to the average installed cost of a street light of a type normally used by Company and served either overhead or underground. Repair and Maintenance: Repair consists of the repair or replacement of any individual component associated with the pole or fixture that allows the facility to operate safely and effectively. Maintenance includes photocell replacement and cleaning of lens at the time of bulb replacement. Repair and Maintenance do not include painting or straightening of poles unless Company determines that safety or operation is adversely affected. Replacement: Replacement includes only the complete replacement of the street light luminaire and pole caused by impacts related to weather, construction, or traffic accidents. For street lights installed after the effective date of this revision, Schedules A and D are defined as follows: Schedule A applies to Company installed, owned, operated, and maintained street lights of the types and sizes provided in the chart under Section 1. Unmetered Facilities. Schedule D applies to Retail Customer owned, operated and maintained street lights and overhead sign lights or where such lights are installed by a governmental entity for the use of Retail Customer, and Company supplies distribution service to Retail Customer for the operation of the street lights or overhead sign lights. Company does not provide maintenance to Schedule D lights in accordance with this tariff. 82 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 3 of 7 Effective Date: January 1, 2012 Revision: Seven For street lights installed prior to the effective date of this revision, Schedules A, B, C, and D are defined as follows: Schedule A applies to: Company installed, owned, operated, and maintained street lights mounted on wood poles and served overhead. Company installed, owned, operated, and maintained street lights mounted on wood, steel, or ornamental poles of a type normally used by Company, and served overhead or underground, and Retail Customer has contributed to Company an amount equivalent to the difference between the total installed cost of such street lighting and the total installed cost of an equivalent lighting system mounted on wood poles and served overhead. Schedule B applies to: Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by Company and served overhead. If the number of steel and/or other ornamental poles exceeds the number of such poles on which lights are mounted, there will be an additional charge of $5.34 per month for each such excess pole. Where two street lights with lamps of the same size are mounted on the same steel and /or other ornamental pole, Schedule B applies to one of the lights and Schedule A to the other. Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by Company and served underground, and Retail Customer has contributed to Company an amount equivalent to the difference between the total installed cost of the underground circuits serving the street lights and the total installed cost of overhead circuits. Where two street lights with lamps of the same size are mounted on the same steel and /or other ornamental pole, Schedule B applies to one of the lights and Schedule A to the other. Schedule C applies to: Street lights installed for the use of Retail Customer by Retail Customer or by a governmental subdivision. All equipment replacement and maintenance is performed by Retail Customer or the governmental subdivision. Company provides lamp replacement service only which includes lamp and labor (unless otherwise requested in writing by Retail Customer). Company owned street lights mounted on steel or other ornamental poles of a type not normally used by Company, and Retail Customer has contributed to Company an amount equivalent to the entire construction cost of the street lighting facilities including luminaires and circuits. Company operates all street lights under Schedule C (must be of a type suitable for use with the lamp sizes provided for herein) and makes all normal lamp replacements which includes lamp and labor at its expense. All other maintenance will be billed to Retail Customer on the basis of actual costs including appropriate overhead expenses. Schedule D applies to: Retail Customer operated and maintained street lights and overhead sign lights or where such lights are installed by a governmental subdivision for the use of Retail Customer, and Company supplies distribution service to Retail Customer for the operation of the street lights or overhead sign lights. CONVERSION OR REPLACEMENT OF EXISTING FACILITIES Company will convert existing Company -owned facilities (size or type of luminaire) to a different Company - offered size or type of luminaire upon request of and payment by Retail Customer of an amount equal to the estimated cost of such conversion, including labor and materials, less the salvage value of the existing facilities. Company will replace existing lighting facilities upon request of and payment by Retail Customer of an amount equal to the estimated removal cost less salvage value of existing facilities. Installation of new facilities requested by Retail Customer will be performed pursuant to the Standard Allowance described above. Customer Requested Removal of Existing Facilities Company will remove existing facilities upon request by Retail Customer if Customer pays an amount pursuant to Section 6.1.2.1, Charge No. SD16. SPECIAL CONDITIONS For billing purposes the monthly street lighting and overhead sign lighting burning hours are 333 hours per month and all connections and disconnections are assumed to have occurred at the beginning of the current month's billing period. Retail Customer -owned unmetered lamps other than those of the lamp sizes shown under Schedule D existing prior to the effective date of this tariff are billed under the metered rate and the amount of monthly energy is determined by multiplying the connected load (including ballast) by the number of burning hours. 83 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 4 of 7 Effective Date: January 1, 2012 Revision: Seven New Service provided to customer -owned street light other than the types and sizes provided in Schedule D will be provided under the appropriate Secondary Service or Primary Service Rate Schedule, Company reserves the right to discontinue service at locations where excessive maintenance and /or lamp replacement occur, or Company may charge Retail Customer for such maintenance and/or lamp replacements. Company makes all connections and disconnections to its distribution system. Company- owned, operated, and maintained fighting facilities shall be installed in accordance with National Electrical Safety Code standards. AGREEMENT An Agreement for Street Lighting Service with a term of not less than ten years is required. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. MONTHLY RATE I. Metered Facilities -- Non - Company Owned Applicable for distribution service supplied at one point of delivery and measured through one meter to Retail Customer owned, operated and maintained street and highway lighting, overhead sign fighting, and incidental safety fighting equipment which operates same hours as normal street lighting. Customer Charge $2.33 per Retail Customer Metering Charge $12.61 per Retail Customer Distribution System Charge $0.016851 per kWh IL System Benefit Fund: $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VIL Competitive Meter Credit: See Rider CMC Vill. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per kWh X. State Colleges and Universities Discount: See Rider SCUD XI. Regulatory Surcharge: See Rider RS per kWh 84 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 5 of 7 Effective Date: January 1, 2012 Revision: Seven MONTHLY RATE I. Metered Facilities - Company -Owned (Closed to new installations) Customer Charge $2.33 per Retail Customer Metering Charge $12.61 per Retail Customer Distribution System Charge $0.116851 per kWh II. System Benefit Fund: $0.000654 per kWh, See Rider SBF III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VIE. Competitive Meter Credit: See Rider CMC VIII. Advanced Metering Cost Recovery Factor: See Rider AMCRF Other Charges or Credits IX. Rate Case Expense Surcharge: See Rider RCE per kWh X. State Colleges and Universities Discount: See Rider SCUD XI. Regulatory Surcharge: See Rider RS per kWh MERCURY VAPOR FIXTURE REPLACEMENT SCHEDULE For Company -owned lights, when existing mercury vapor fixtures require replacement, Company will make such replacements with comparable high pressure sodium vapor lighting at no cost, as specified below: Existing Mercury Vapor Lighting : Wattage Lumens kWh Sodium Vapor Replacement: Wattage Lumens kWh 175 7,900 70 100 9,500 40 400 21,000 150 200 22,000 80 1,000 63,000 370 400 50,000 160 Upon replacement, Retail Customer will be billed at the applicable facilities charge and associated kWh usage for the sodium vapor replacement lighting. Upon request of the Retail Customer, Company will convert or replace existing mercury vapor lighting to street lighting options other than those indicated above, as stated in "CONVERSION OR REPLACEMENT OF EXISTING FACILITIES." 85 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 6 of 7 Effective Date: January 1, 2012 Revision: Seven Outdoor Lighting Service (CLOSED) AVAILABILITY Applicable to Competitive Retailers for unmetered lighting service supplied exclusively to one or more existing outdoor lamps as specified below operating automatically from dusk to dawn. Not applicable to street lighting. MONTHLY RATE I. Unmetered Facilities Point of Delivery (POD) Charge: $1.30 per premise. Guard Lights Type Watts kWh Lumens Facilities Charge Mercury Vapor (See Note 1) 175 70 7,900 $7.07 400 150 21,000 $10.78 Sodium Vapor 100 40 9,500 $6.65 200 80 22,000 $9.42 Note 1: Company will continue to maintain existing Mercury Vapor installations and will, at Company's option, Install a Metal Halide ballast in place of a failed Mercury Vapor ballast. As existing fixtures are damaged and must be replaced, Retail Customer will have the option to switch its service to another lamp type as specified in Mercury Vapor Fixture Replacement Schedule below or cancel service at no cost. Flood Lights Type Watts kWh Lumens Facilities Charge Metal Halide 175 65 14,000 $9.16 250 100 25,000 $12.46 400 160 36,000 $15.02 1000 370 190,000 $26.33 Sodium Vapor 100 40 9,500 $9.05 200 80 22,000 $9.42 250 100 27,000 $11.62 400 160 50,000 $14.87 1000 375 140,000 $27.22 II. System Benefit Fund: $0.000654 III. Transition Charge: See Riders TC1 and TC2 IV. Nuclear Decommissioning Charge: $0.000147 V. Transmission Cost Recovery Factor: See Rider TCRF VI. Energy Efficiency Cost Recovery Factor: See Rider EECRF VII. Competitive Meter Credit: See Rider CMC per kWh, See Rider SBF per kWh, See Rider NDC 86 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 8.1.1 Delivery System Charges Sheet: 1.8 Applicable: Entire Certified Service Area Page 7 of 7 Effective Date: January 1, 2012 Revision: Seven VIII. Advanced Metering Cost Recovery Factor: Other Charges or Credits IX. Rate Case Expense Surcharge: X. State Colleges and Universities Discount: XI. Regulatory Surcharge: See Rider AMCRF See Rider RCE per kWh See Rider SCUD See Rider RS per kWh Extra Spans: Plus $2.85 per span of secondary line installed hereunder in excess of one span per light. MERCURY VAPOR FIXTURE REPLACEMENT SCHEDULE When existing mercury vapor fixtures require replacement, Company will make such replacements with comparable high pressure sodium vapor lighting at no cost as specified below: Existing Mercury Vapor Lighting : Wattage Lumens kWh Sodium Vapor Replacement: Wattage Lumens kWh 175 7,900 70 100 9,500 40 400 21,000 150 1 200 22,000 80 Upon replacement, Retail Customer will be billed at the applicable facilities charge and associated kWh usage for the sodium vapor replacement lighting. MAINTENANCE OF FACILITIES Company will maintain all facilities incidental to providing this service, including replacement of burned -out lamps. Company reserves the right to discontinue service at locations where excessive maintenance andlor lamp replacements are, in Company's sole judgment, likely to or actually do occur. REMOVAL OF EXISTING FACILITIES Except as specified above, Company will replace existing Company -owned luminaires with any of the outdoor lighting options above or remove the existing luminaire upon request of and payment by Retail Customer in accordance with the Company's Standard Discretionary Service Charge, SD15 -- Security Light Removal, for each luminaire to cover the labor cost of removal and Company's average unamortized investment in the existing luminaire. This charge is applicable to all replacements whether or not an outdoor lighting service is active or inactive or a customer change has taken or is taking place. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 87 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 1 of 7 Effective Date: August 13, 2010 Revision: Ten 6.1.1.2 Schedule TC 6.1.1,2.1 Rider TC1 - Transition Charge APPLICATION Applicable, pursuant to Subchapter G, of Chapter 39 of the Public Utility Regulatory Act (PURA), to all existing or future retail customers taking transmission and /or distribution service from the Company and to the facilities, premises, and loads of those retail customers, within the Company's geographical certificated service area as it existed on May 1, 1999. This schedule also applies to: 1. Retail customers taking service at facilities, premises, or loads located within the Company's geographical service area as it existed on May 1, 1999 who are not presently receiving transmission and/or distribution service from the Company, but whose present facilities, premises, or loads received transmission and/or distribution service from the Company at any time on or after May 1, 1999 when a request to change service to another utility was not pending. 2. Retail customers whose load is served by New On -site Generation (NOSG) as defined by P.U.C. SUBST. R, 25.342(c) (1). 3. Public retail customers located within the service area who purchase power from the General Land Office under PURA § 35.102. Beginning on the first billing cycle after the issuance of transition bonds issued to recover the Company's regulatory assets and other qualified costs and continuing until the date customer choice begins in the power region in which the Company is located, there is recorded in a separate account, for that purpose, an amount equal to the amount collected by the application of this rate to be used to repay the principal and interest and ongoing fees and expenses on the transition bonds. After customer choice begins in the power region in which the Company is located, the amount calculated pursuant to this rate will be billed to retail electric providers (REP) based on individual retail customer consumption. IJ,141 :MAX91dw- I Will WAI (a) For all retail customers on each retail rate schedule. The transition charge is calculated for each regulatory asset recovery class by the application of a Transition Charge Factor, determined in accordance with the following formula *: Transition Charge Factor (TCF) = j(TC *RAAF) +A] / K, where: TC = Total Recovery Amount corresponding to the length of the Recovery Period is an amount necessary to recover the principal and interest and ongoing fees and expenses associated with the bonds, debentures, notes, certificates of participation or of beneficial interest, or other evidence of indebtedness or ownership that are issued by the Company, its successors, or an assignee under a Public Utility Commission of Texas approved financing order. RAAF = Regulatory Asset Allocation Factor for each class as shown in the table below. A = True -up amount for each regulatory asset recovery class as contained in a notification filed with the Commission under PURA § 39.003, subject to Commission review within 15 days of filing. K = The Company's most current estimated kWh or kW sales by regulatory asset recovery class for the length of the Recovery Period as contained in a notification filed with the Commission under PURA § 39.003, subject to Commission review within 15 days of filing. *'For the General Service Secondary and General Service Primary classes, the two-step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $IkWh for non - demand metered customers and a TCF in $ /kW for demand - metered customers. For the purpose of this formula, Recovery Period means, pursuant to PURA § 39.307, a period not to exceed 12 months. (b) Regulatory Asset Allocation Factors (RAAF) and associated Transition Charge Factors for each regulatory asset recovery class are as follows: 88 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 2 of 7 Effective Date: August 13, 2010 Revision: Ten Noticed Interruptible GSNI, GSNB, GPNI, GPNB, HVNI, NVNB, GTUC -Sec, 0.027711 See Page 7 of 7 GTUC -Pri, GTUC -Tran, GTUC -M -Sec, GTUC -M -Pri, GTUC -M -Tran, GSRTPNI, GPRTPNI, HVRTPNI, and applicable riders. Should any of the Regulatory Asset Recovery Classes cease to have any customers, the Regulatory Asset Allocation Factor will be adjusted proportionately such that the total RAAF equals 1.000. For Rate S and Rider SI customers, the transition charge will be a pro -rated daily demand charge based on the otherwise applicable non - standby transition charge. (a) The Transition Charge Amount for each customer is determined by multiplying the applicable Transition Charge Factor (TCF) by the customer's kWh or kW usage in the billing month. The Transition Charge Amount for each customer is determined to the nearest whole cent. (b) Each customer receiving service on or before May 1, 1999 will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was provided on May 1, 1999, and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (c) Any customer not previously served by TXU Electric and initiating service after May 1, 1999 and prior to January 1, 2002, will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was initially provided and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (d) Each customer initiating service on or after January 1, 2002, will be assigned to a specific Regulatory Asset Recovery Class on the basis of the principal rate schedule under which the majority of the customer's load would have been served as of May 1, 1999. 89 Regulatory Transition Asset Charge Factors Regulatory Asset Rate Schedule Allocation (TCF) Recovery Class Factor (RAAF) Residential Service R, RLU, RTU, RTUI, RTU1 -M, RRE 0.412705 See Page 7 of 7 Genera[ Service GS, S -Sec, GSR, MS, MP -Sec GTU -Sec, GTU -M -Sec, 0.447323 See Page 7 of 7 Secondary RTP -Sec, GC -Sec, and all riders excluding Interruptible General Service Primary GP, S -Pri, GPR, MS -Pri, MP-Pd, GTU -Pri, GTU -M -Pri, 0.058982 See Page 7 of 7 RTP -Pri, GC -Pri, and all riders excluding interruptible High Voltage Service HV, S -Tran, HVR, GTU -Tran GTU -M -Tran, RTP -Tran, 0.027875 See Page 7 of 7 GC -Tran, and all riders excluding interruptible Lighting Service OL, SL, SL -Pri 0.006836 See Page 7 of 7 Instantaneous GSI, GPI, HVI, SSI, SPI, STI, GSRTPII, GSRTPIM, 0.018568 See Page 7 of 7 Interruptible GSRTPID, GPRTPII, GPRTPIM, GPRTPID, HVRI, HVRTPIM, HVRTPID, and applicable riders Noticed Interruptible GSNI, GSNB, GPNI, GPNB, HVNI, NVNB, GTUC -Sec, 0.027711 See Page 7 of 7 GTUC -Pri, GTUC -Tran, GTUC -M -Sec, GTUC -M -Pri, GTUC -M -Tran, GSRTPNI, GPRTPNI, HVRTPNI, and applicable riders. Should any of the Regulatory Asset Recovery Classes cease to have any customers, the Regulatory Asset Allocation Factor will be adjusted proportionately such that the total RAAF equals 1.000. For Rate S and Rider SI customers, the transition charge will be a pro -rated daily demand charge based on the otherwise applicable non - standby transition charge. (a) The Transition Charge Amount for each customer is determined by multiplying the applicable Transition Charge Factor (TCF) by the customer's kWh or kW usage in the billing month. The Transition Charge Amount for each customer is determined to the nearest whole cent. (b) Each customer receiving service on or before May 1, 1999 will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was provided on May 1, 1999, and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (c) Any customer not previously served by TXU Electric and initiating service after May 1, 1999 and prior to January 1, 2002, will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was initially provided and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (d) Each customer initiating service on or after January 1, 2002, will be assigned to a specific Regulatory Asset Recovery Class on the basis of the principal rate schedule under which the majority of the customer's load would have been served as of May 1, 1999. 89 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 3 of 7 Effective Date: August 13, 2010 Revision: Ten NON - STANDARD TRUE -UP PROCEDURE In the event that the forecasted billing units for one or more of the Transition Charge customer classes for an upcoming period decreases by more than 10% of the billing units from the 12 months ending April 30, 1999, the Servicer shall make a non - standard true -up filing at least 90 days before the date of the next true -up adjustment. The true -up shall be conducted in the following manner. The Servicer shall: (a) allocate the upcoming period's Periodic Billing Requirement based on the Raffs approved in the Financing Order; (b) calculate undercollections or overcollections from the preceding period in each class; (c) sum the amounts allocated to each customer class in steps (a) and (b) above to determine an adjusted Periodic Billing Requirement for each customer class; (d) divide the Periodic Billing Requirement for each customer class by the maximum of the forecasted billing units or the threshold billing units for that class, to determine the threshold rate; (e) multiply the threshold rate by the forecasted billing units for each class to determine the expected collections under the threshold rate; (f) allocate the difference in the adjusted Periodic Billing Requirement and the expected collections calculated in step (e) among the transition charge customer classes using the RAAFs approved in this Financing Order; (g) add the amount allocated to each class in step (f) above to the expected collection amount by class calculated in step (e) above to determine the final Periodic Billing Requirement for each class; and (h) divide the final Periodic Billing Requirement for each class by the forecasted billing units to determine the transition charge rate by class for the upcoming period. For the General Service Secondary and General Service Primary classes, the two -step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $/kWh for non - demand - metered customers and a TCF in $IkW for demand - metered customers. A proceeding for the purpose of approving a non - standard true -up should be conducted in the following manner: (a) The servicer will make a "non- standard true -up filing" with the Commission at least 90 days before the date of the proposed true -up adjustment. The filing will contain the proposed changes to the transition charge rates, justification for such changes as necessary to specifically address the cause(s) of the proposed non - standard true -up, and a statement of the proposed true -up date, (b) Concurrently with the filing of the non - standard true -up with the Commission, the servicer will notify all parties in Docket No. 21527 of the filing of the proposal for a non - standard true -up. (c) The servicer will issue appropriate notice and the Commission will conduct a contested case proceeding on the non - standard true -up proposal pursuant to PURA § 39.003. The scope of the proceeding will be limited to determining whether the proposed adjustment complies with this Financing Order. The Commission will issue a final order by the proposed true -up adjustment date stated in the non- standard true -up filing. In the event that the Commission cannot issue an order by that date, the servicer will be permitted to implement its proposed changes. Any modifications subsequently ordered by the Commission will be made by the servicer in the next true -up filing. BILLING AND COLLECTION The billing and collection of TC Rates may differ as set forth in this schedule. The terms and conditions for each party are set forth below: 1) Billing and Collection Prior to Customer Choice A. Billing by the Servicer to end -use customers: 1. Applicable to consumption of all current retail customers. 2. Payment terms identical to present retail rates. 3. Right to terminate for non - payment pursuant to P.U.C. SUBST. R. 25.2$ and 25.29, or any successor rule(s). B. Billings by Service[ to other electric utilities, municipally owned utilities, and cooperatives: 1. Applicable to former retail customers of the Company in multiply- certificated service areas now taking service from other utilities or cooperatives, if the customer did not have a request to switch service pending as of May 1, 1999. 90 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 4 of 7 Effective Date: August 13, 2010 Revision: Ten 2. Charges subject to this tariff must be paid in full by the other utility or cooperative to the Servicer 16 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end -use retail customer. C. Billings by Servicer to Non - eligible Self- generation (NESG): 1. Applicable to end use consumption served by on -site non - eligible self - generation. 2. Payment terms pursuant to the Commission's rules. 3. Right to terminate for non - payment pursuant to P.U.C. SUBST. R. 25.28 and 25.29, or any successor rule(s). 2) Billing and Collection Subseguent to Customer Choice A. Billings by Servicer to other electric utilities, municipally owned utilities, and cooperatives: 1. Applicable to former retail customers of the Company in multiply - certificated service areas now taking service from other utilities or cooperatives. 2. Charges subject to this tariff must be paid in full by the other electric utility or cooperative to the Servicer 35 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end -use retail customer. B. Billings by Servicer to NESG: 1. Applicable to end -use consumption served by on -site non - eligible self generation. 2. Payment terms pursuant to the Commission's rules. 3. Right to terminate for non - payment pursuant to the Commission's rules. C. Billings by the REP or its Replacement to End -Use Customers: 1. Applicable to consumption of all retail end -use customers served by the REP for which TCs apply, including applicable former customers and NESG, under the following conditions: 2. REPS shall provide the Servicer with full and timely information necessary to provide proper reporting and for billing and true -up adjustments. 3. Each REP must (1) have a long -term, unsecured credit rating of not less than "BBB= and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively, or (2) provide (A) a deposit of two months' maximum expected Transition Charge collections in the form of cash, (B) an affiliate guarantee, surety bond, or letter of credit providing for payment of such amount of Transition Charge collections in the event that the REP defaults in its payment obligations, or (C) a combination of any of the foregoing. A REP that does not have or maintain the requisite long -term, unsecured credit rating may select which alternate form of deposit, credit support, or combination thereof it will utilize, in its sole discretion. The Indenture Trustee shall be the beneficiary of any affiliate guarantee, surety bond or letter of credit. The provider of any affiliate guarantee, surety bond, or letter of credit must have and maintain a long -term, unsecured credit ratings of not less than "BBB= and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively. 4. If the long -term, unsecured credit rating from either Standard & Poor's or Moody's Investors Service of a REP that did not previously provide the alternate form of deposit, credit support, or combination thereof or of any provider of an affiliate guarantee, surety bond, or letter of credit is suspended, withdrawn, or downgraded below "BBB -" or "Baa3" (or the equivalent), the REP must provide the alternate form of deposit, credit support, or combination thereof, or new forms thereof, in each case from providers with the requisite ratings, within 10 business days following such suspension, withdrawal, or downgrade. A REP failing to make such provision must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its Replacement (when applicable). 5. The computation of the size of a required deposit shall be agreed upon by the Servicer and the REP, and reviewed no more frequently than quarterly to ensure that the deposit accurately reflects two months' maximum collections. Within 10 business days following such review, (1) the REP shall remit to the Indenture Trustee the amount of any shortfall in such required deposit or (2) the Servicer shall instruct the Indenture Trustee to remit to the REP any amount in excess of such required deposit. A REP failing to so remit any such shortfall must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its _I Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 5 of 7 Effective Date: August 13, 2010 Revision: Ten Replacement (when applicable). REP cash deposits shall be held by the Indenture Trustee, maintained in a segregated account, and invested in short -term high quality investments, as permitted by the rating agencies rating the Transition Bonds. Investment earnings on REP cash deposits shall be considered part of such cash deposits so long as they remain on deposit with the Indenture Trustee. At the instruction of the Servicer, cash deposits will be remitted with investment earnings to the REP at the end of the term of the Transition Bonds unless otherwise utilized for the payment of the REP's obligations for Transition Bond payments. Once the deposit is no longer required, the Servicer shall promptly (but not later than 30 calendar days) instruct the Indenture Trustee to remit the amounts in the segregated accounts to the REP. 6. In the event that a REP or the Provider of Last Resort (POLR) is billing customers for TCs, the REP shall have the right to transfer the customer to the POLR (or to another certified REP) or to direct the Servicer to terminate transmission and distribution service to the end -use customer for non - payment by the end -use customer pursuant to applicable Commission rules. D. Billings by the Servicer to the REP or its Replacement (when applicable): 1. Applicable to all consumption subject to REP billing of TCs. 2. Payments of TCs are due 35 calendar days following each billing by the Servicer to the REP, without regard to whether or when the REP receives payment from its retail customers. The Servicer shall accept payment by electronic funds transfer (EFT), wire transfer (WI) and/or check. Payment will be considered received the date the EFT or Wf is received by the Servicer, or the date the check clears. A 5% penalty is to be charged on amounts received after 35 calendar days; however, a 10- calendar -day grace period will be allowed before the REP is considered to be in default. A REP in default must comply with the provisions set forth in Paragraph 3 below. The 5% penalty will be a one -time assessment measured against the current amount overdue from the REP to the Servicer. The current amount consists of the total unpaid Transition Charges existing on the 36 calendar day after billing by the Servicer. Any and all such penalty payments will be made to the indenture trustee to be applied against Transition Charge obligations. A REP shall not be obligated to pay the overdue Transition Charges of another REP. If a REP agrees to assume the responsibility for the payment of overdue Transition Charges as a condition of receiving the customers of another REP who has decided to terminate service to those customers for any reason, the new REP shall not be assessed the 5% penalty upon such Transition Charges; however, the prior REP shall not be relieved of the previously assessed penalties. 3. After the 10 calendar -day grace period (the 4e calendar day after the billing date) referred to in Paragraph 2 above, the Servicer shall have the option to seek recourse against any cash deposit, affiliate guarantee, surety bond, letter of credit, or combination thereof made by the REP, and avail itself of such legal remedies as may be appropriate to collect any remaining unpaid Transition Charges and associated penalties due the Servicer after the application of the REP's deposit or alternate form of credit support. In addition, a REP that is in default with respect to the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Replacement to End -Use Customers and Paragraph 2 of this section shall select and implement one of the following options: (a) Allow the Provider of Last Resort (POLR) or a qualified REP of the customer's choosing to immediately assume the responsibility for the billing and collection of Transition Charges. (b) immediately implement other mutually suitable and agreeable arrangements with the Servicer. It is expressly understood that the Servicer's ability to agree to any other arrangements will be limited by the terms of the servicing agreement and requirements of each of the rating agencies that have rated the Transition Bonds necessary to avoid a suspension, withdrawal, or downgrade of the ratings on the Transition Bonds. (c) Arrange that all amounts owed by retail customers for services rendered be timely billed and Immediately paid directly into a lock -box controlled by the Servicer with such amounts to be applied first to pay Transition Charges before the remaining amounts are released to the REP. All costs associated with this mechanism will be borne solely by the REP. If a REP that is in default fails to immediately select and implement one of the foregoing options in (a), (b), or (c) or, after so selecting one of the foregoing options, fails to adequately meet its responsibilities thereunder, then the Servicer shall immediately implement option (a). Upon re- establishment of the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Replacement to End -Use Customers and Paragraph 2 of this section and the payment of all past -due amounts and associated penalties, the REP will no longer be required to comply with this subsection. The initial POLR appointed bythe Commission, or any Commission appointed successor to the POLR, will be required to meet the minimum credit rating and /or deposit/credit support requirements described in 92 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 6 of 7 Effective Date: August 13, 2010 Revision: Ten Paragraph 3 of the preceding section, Billings by the REP or its Replacement to End -Use Customers, in addition to any other standards that maybe adopted by the Commission. if the POLR defaults or is not eligible to provide such services, responsibility for billing and collection of transition charges will immediately be transferred to and assumed by the Servicer until a new POLR can be named by the Commission or the customer requests the services of a certified REP. Retail customers may never be re- billed by the successor REP, the POLR, or Servicer for any amount of Transition Charges they have paid their REP (although future TCs shall reflect REP and other system -wide charge -offs). Additionally, if the amount of the penalty detailed in Paragraph 2 of this section is the sole remaining past -due amount after the 45th day, the REP shall not be required to comply with (a), (b), or (c) above, unless the penalty is not paid within an additional 30 calendar days. 4. In the event the Servicer is billing customers for Transition Charges, the Servicer shall have the right to terminate transmission and distribution service for non - payment by end -use customers pursuant to the Commission's rules. Notwithstanding Paragraph 2 of this section, the REPS will be allowed to hold back an allowance for charge -offs in their payments to the Servicer. Such charge -off rate will be recalculated each year in connection with the annual true -up procedure. In the initial year, the REPs will be allowed to remit payments based on the same system -wide charge off percentage then being used by the Servicer to remit payments to the indenture trustee for the holders of Transition Bonds. On an annual basis in connection with the true -up adjustment process, the REP and the Servicer will be responsible for reconciling the amounts held back with amounts actually written off as uncoilectible in accordance with the terms agreed to by the REP and the Servicer, provided that: (a) The REP's right to reconciliation for write -offs will be limited to customers whose service has been permanently terminated and whose entire accounts (i.e., all amounts due the REP for its own account as well as the portion representing Transition Charges) have been written off. (b) The REP's recourse will be limited to a credit against future TC payments unless the REP and the Servicer agree to alternative arrangements, but in no event will the REP have recourse to the SPE or its funds for such payments. (c) The REP shall provide information on a timely basis to the Servicer so that the Servicer can include the REP's default experience and any subsequent credits into its calculation of the Adjusted Transition Charge Rates for the next TC billing Period and the REP's rights to credits will not take effect until after such Adjusted Transition Charge Rates have been implemented. In the event that a REP disputes any amount of billed Transition Charges, the REP shall pay the disputed amount under protest according to the timelines detailed in Paragraph 2 of this section. The REP and Servicer shall first attempt to informally resolve the dispute, but if failing to do so within 30 calendar days, either party may file a complaint with the Commission. If the REP is successful in the dispute process (informal or formal), the REP shall be entitled to interest on the disputed amount paid to the Servicer at the Commission- approved interest rate. Disputes about the date of receipt of Transition Charge payments (and penalties arising thereof) or the size of a required REP deposit will be handled in a like manner. Any interest paid by the Servicer on disputed amounts shall not be recovered through Transition Charges if it is determined that the Servicer's claim to the funds is clearly unfounded. No interest shall be paid by the Servicer if it is determined that the Servicer has received inaccurate metering data from another entity providing competitive metering services pursuant to PURA § 39.107. If the Servicer is providing the metering, the metering data will be provided to the REP at the same time as the billing. If the Servicer is not providing the metering, the entity providing metering service(s) will be responsible for complying with Commission rules and ensuring that the Servicer and the REP receive timely and accurate metering data in order for the Servicer to meet its obligations under the Servicing Agreement and the Financing Order with respect to billing and true -ups. NOTICE This rate is subject to the orders of regulatory bodies having jurisdiction and to the provisions of Company's Tariff for Electric Service. 93 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.1 Applicable: Entire Certified Service Area Except Area previously served by TXU SESCO Page 7 of 7 Effective Date: A,uust 13, 2010 Revision: Ten Transition Charge Factor 1 (TC171) Effective Date Aug.27,2010 Aug.27,2009 Apri129, 2009 Aug. 26, 2008 Aug. 24, 2007 Aug. 29, 2006 Aug. 30, 2005 Nov. 30, 2004 Aug. 30, 2004 Jan. 28, 2004 Aug.28,2003 94 Hiqh Residential General Service General Service Voltage Lightin Instantaneous Noticed Secondary Interruptible Service Primary Service Service Interruptible 510 kW >10kW 510 kW >10kW $1kWh) $1kWh $1k ($1kWh) ($1kW) {$1 kW) ($1 kWh) $Ik $1k 0.000630 0.000172 0.188 (0.000201) 0.180 0.141 0.000876 0.106 0.195 0.000552 0.001193 0.161 0.001432 0.982 0.069 0.000752 0.087 0.138 0.000752 (0.001260) 0.234 (0.002139) 0.190 0.145 0.000874 0.125 0.232 0.000558 0.000242 0.171 0.000228 0.176 0.065 0.000771 0.093 0.155 0.000653 0.000295 0.167 0.000205 0.150 0.083 0.000761 0.091 0.148 0.000620 0.000378 0.177 0.000353 0.208 0.102 0.000767 0.090 0.182 0.000598 0.000324 0.181 0.000315 0.164 0.121 0.000870 0.097 0.099 0.000691 0.000632 0.185 0.000455 0.219 0.092 0.000794 0.087 0.174 0.000658 0.000290 0.195 0.000144 0.248 0.050 0.000865 0.113 0.173 0.000712 0.000655 0.186 0.000442 0.201 0.137 0.000785 0.074 0.135 0.000599 0.000577 0.158 0.000395 0.161 0.197 0.000724 0.083 0.150 94 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 1 of 7 Effective Date: May 14, 2010 Revision: Eiqht 6.1.1.2.2 Rider TC2 - Transition Charge APPLICATION Applicable, pursuant to Subchapter G, of Chapter 39 of the Public Utility Regulatory Act (PURA), to all existing or future retail customers taking transmission and/or distribution service from the Company and to the facilities, premises, and loads of those retail customers, within the Company's geographical certificated service area as it existed on May 1, 1999. This schedule also applies to: 1. Retail customers taking service at facilities, premises, or loads located within the Company's geographical service area as it existed on May 1, 1999 who are not presently receiving transmission and/or distribution service from the Company, but whose present facilities, premises, or loads received transmission and /or distribution service from the Company at any time on or after May 1, 1999 when a request to change service to another utility was not pending. 2. Retail customers whose load is served by New On -site Generation (NOSG) as defined by P.U.C. SUBST. R. 25.342(c)(1). 3. Public retail customers located within the service area who purchase power from the General Land Office under PURA § 35.102. Beginning on the first billing cycle after the issuance of transition bonds issued to recover the Company's regulatory assets and other qualified costs and continuing until the date customer choice begins in the power region in which the Company is located, there is recorded in a separate account, for that purpose, an amount equal to the amount collected by the application of this rate to be used to repay the principal and interest and ongoing fees and expenses on the transition bonds. After customer choice begins in the power region in which the Company is located, the amount calculated pursuant to this rate will be billed to retail electric providers (REP) based on individual retail customer consumption. METHOD OF CALCULATION (a) For all retail customers on each retail rate schedule. The transition charge is calculated for each regulatory asset recovery class by the application of a Transition Charge Factor, determined in accordance with the following formula *: Transition Charge Factor (TCF) = [(TC *RAAF) +A] / K, where: TO = Total Recovery Amount corresponding to the length of the Recovery Period is an amount necessary to recover the principal and interest and ongoing fees and expenses associated with the bonds, debentures, notes, certificates of participation or of beneficial interest, or other evidence of indebtedness or ownership that are issued by the Company, its successors, or an assignee under a Public Utility Commission of Texas approved financing order. RAAF = Regulatory Asset Allocation Factor for each class as shown in the table below. A = True -up amount for each regulatory asset recovery class as contained in a notification filed with the Commission under PURA § 39.003, subject to Commission review within 15 days of filing. K = The Company's most current estimated kWh or kW sales by regulatory asset recovery class for the length of the Recovery Period as contained in a notification filed with the Commission under PURA § 39.003, subject to Commission review within 15 days of filing. *For the General Service Secondary and General Service Primary classes, the two -step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $ /kWh for non - demand metered customers and a TCF in $ /kW for demand - metered customers. For the purpose of this formula, Recovery Period means, pursuant to PURA § 39.307, a period not to exceed 12 months. 95 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 2 of 7 Effective Date: May 14, 2010 Revision: Eight (b) Regulatory Asset Allocation Factors (RAAF) and associated Transition Charge Factors for each regulatory asset recovery class are as follows: Regulatory Transition Asset Charge Factor Regulatory Asset Rate Schedule Allocation (TCF2) Recovery Class Factor (RAAF) Residential Service R, RLU, RTU, RTU1, RTU1 -M, RRE 0.412705 See Page 7 of 7 General Service GS, S -Sec, GSR, MS, MP -Sec GTU -Sec, GTU -M -Sec, 0.447323 See Page 7 of 7 Secondary RTP -Sec, GC -Sec, and all riders excluding Interruptible General Service Primary GP, S -Pri, GPR, MS -Pri, MP -Pri, GTU -Pri, GTU -M -Pri, 0.058982 See Page 7 of 7 RTP -Pri, GC -Pri, and all riders excluding interruptible High Voltage Service HV, S -Tran, HVR, GTU -Tran GTU -M -Tran, RTP -Tran, 0.027875 See Page 7 of 7 GC -Tran, and all riders excluding interruptible Lighting Service OL, SL, SL -Pri 0.006836 See Page 7 of 7 Instantaneous GSI, GPI, HVI, SSI, SPI, STI, GSRTPII, GSRTPIM, 0.018568 See Page 7 of 7 Interruptible GSRTPID, GPRTPII, GPRTPIM, GPRTPID, HVRI, HVRTPIM, HVRTPID, and applicable riders Noticed Interruptible GSNI, GSNB, GPNI, GPNB, HVNI, NVNB, GTUC -Sec, 0.027711 See Page 7 of 7 GTUC -Pri, GTUC -Tran, GTUC -M -Sec, GTUC -M -Pri, GTUC -M -Tran, GSRTPNI, GPRTPNI, HVRTPNI, and applicable riders. Should any of the Regulatory Asset Recovery Classes cease to have any customers, the Regulatory Asset Allocation Factor will be adjusted proportionately such that the total RAAF equals 1.000. For Rate S and Rider Sl customers, the transition charge will be a pro -rated daily demand charge based on the otherwise applicable non - standby transition charge. (a) The Transition Charge Amount for each customer is determined by multiplying the applicable Transition Charge Factor (TCF) by the customer's kWh or kW usage in the billing month. The Transition Charge Amount for each customer is determined to the nearest whole cent. (b) Each customer receiving service on or before May 1, 1999 will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was provided on May 1, 1999, and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (c) Any customer not previously served by TXU Electric and initiating service after May 1, 1999 and prior to January 1, 2002, will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was initially provided and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from Oncor Electric Delivery Company LLC, except as provided for in PURA § 39.252(b)(1) and (c). (d) Each customer initiating service on or after January 1, 2002, will be assigned to a specific Regulatory Asset Recovery Class on the basis of the principal rate schedule under which the majority of the customer's load would have been served as of May 1, 1999. 96 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 3 of 7 Effective Date: May 14, 2010 Revision: Eight NON - STANDARD TRUE -UP PROCEDURE In the event that the forecasted billing units for one or more of the Transition Charge customer classes for an upcoming period decreases by more than 10% of the billing units from the 12 months ending April 30, 1999, the Servicer shall make a non - standard true -up filing at least 90 days before the date of the next true -up adjustment. The true -up shall be conducted in the following manner. The Servicer shall: (a) allocate the upcoming period's Periodic Billing Requirement based on the Rafts approved in the Financing Order; (b) calculate undercollections or overcollections from the preceding period in each class; (c) sum the amounts allocated to each customer class in steps (a) and (b) above to determine an adjusted Periodic Billing Requirement for each customer class; (d) divide the Periodic Billing Requirement for each customer class by the maximum of the forecasted billing units or the threshold billing units for that class, to determine the threshold rate; (e) multiply the threshold rate by the forecasted billing units for each class to determine the expected collections under the threshold rate; (f) allocate the difference in the adjusted Periodic Billing Requirement and the expected collections calculated in step (e) among the transition charge customer classes using the RAAFs approved in this Financing Order; (g) add the amount allocated to each class in step (f) above to the expected collection amount by class calculated in step (e) above to determine the final Periodic Billing Requirement for each class; and (h) divide the final Periodic Billing Requirement for each class by the forecasted billing units to determine the transition charge rate by class for the upcoming period. For the General Service Secondary and General Service Primary classes, the two -step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $IkW h for non - demand - metered customers and a TCF in $IkW for demand - metered customers. A proceeding for the purpose of approving a non - standard true -up should be conducted in the following manner: (a) The servicer will make a "non- standard true -up filing" with the Commission at least 90 days before the date of the proposed true -up adjustment. The filing will contain the proposed changes to the transition charge rates, justification for such changes as necessary to specifically address the cause(s) of the proposed non - standard true -up, and a statement of the proposed true -up date. (b) Concurrently with the filing of the non - standard true -up with the Commission, the servicer will notify all parties in Docket No. 21527 of the filing of the proposal for a non - standard true -up. (c) The servicer will issue appropriate notice and the Commission will conduct a contested case proceeding on the non - standard true -up proposal pursuant to PURA § 39.003. The scope of the proceeding will be limited to determining whether the proposed adjustment complies with this Financing Order. The Commission will issue a final order by the proposed true -up adjustment date stated in the non- standard true -up filing. In the event that the Commission cannot issue an order by that date, the servicer will be permitted to implement its proposed changes. Any modifications subsequently ordered by the Commission will be made by the servicer in the next true -up filing. BILLING AND COLLECTION The billing and collection of TC Rates may differ as set forth in this schedule. The terms and conditions for each party are set forth below: 11 Billing and Collection Prior to Customer Choice A. Billina by the Servicer to end -use customers: 1. Applicable to consumption of all current retail customers. 2. Payment terms identical to present retail rates. 3. Right to terminate for non - payment pursuant to P.U.C. SUBST. R. 25.28 and 25.29, or any successor rule(s). Applicable to former retail customers of the Company in multiply- certificated service areas now taking service from other utilities or cooperatives, if the customer did not have a request to switch service pending as of May 1, 1999. 97 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 4 of 7 Effective Date: May 14, 2010 Revision: Eight 2. Charges subject to this tariff must be paid in full by the other utility or cooperative to the Servicer 16 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end -use retail customer. C. Billings by Servicer to Non- eliaible Self - generation NESM: 1. Applicable to end use consumption served by on -site non - eligible self - generation. 2. Payment terms pursuant to the Commission's rules. 3. Right to terminate for non - payment pursuant to P.U.C. SUBST. R. 25.28 and 25.29, or any successor rule(s). 2) Billing and Collection Subsequent to Customer Choice Applicable to former retail customers of the Company in multiply- certificated service areas now taking service from other utilities or cooperatives. Charges subject to this tariff must be paid in full by the other electric utility or cooperative to the Servicer 35 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end -use retail customer. B. Billings by Servicer to NESG: 1. Applicable to end -use consumption served by on -site non - eligible self generation. 2. Payment terms pursuant to the Commission's rules. 3. Right to terminate for non - payment pursuant to the Commission's rules. C. Billings by the REP or its Rel2lacement to End -Use Customers: 1. Applicable to consumption of all retail end -use customers served bythe REP for which TCs apply, including applicable former customers and NESG, under the following conditions: 2. REPs shall provide the Servicer with full and timely information necessary to provide proper reporting and for billing and true -up adjustments. 3. Each REP must (1) have a long -term, unsecured credit rating of not less than "BBB -" and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively, or (2) provide (A) a deposit of two months' maximum expected Transition Charge collections in the form of cash, (B) an affiliate guarantee, surety bond, or letter of credit providing for payment of such amount of Transition Charge collections in the event that the REP defaults in its payment obligations, or (C) a combination of any of the foregoing. A REP that does not have or maintain the requisite long -term, unsecured credit rating may select which alternate form of deposit, credit support, or combination thereof it will utilize, in its sole discretion. The indenture Trustee shall be the beneficiary of any affiliate guarantee, surety bond or letter of credit. The provider of any affiliate guarantee, surety bond, or letter of credit must have and maintain a long -term, unsecured credit ratings of not less than "BBB -" and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively. 4. If the long -term, unsecured credit rating from either Standard & Pooes or Moody's Investors Service of a REP that did not previously provide the alternate form of deposit, credit support, or combination thereof or of any provider of an affiliate guarantee, surety bond, or letter of credit is suspended, withdrawn, or downgraded below "BBB -" or "Baa3" (or the equivalent), the REP must provide the alternate form of deposit, credit support, or combination thereof, or new fonns thereof, in each case from providers with the requisite ratings, within 10 business days following such suspension, withdrawal, or downgrade. A REP failing to make such provision must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its Replacement (when applicable). 5. The computation of the size of a required deposit shall be agreed upon by the Servicer and the REP, and reviewed no more frequently than quarterly to ensure that the deposit accurately reflects two months' maximum collections. Within 10 business days following such review, (1) the REP shall remit to the Indenture Trustee the amount of any shortfall in such required deposit or (2) the Servicer shall instruct the Indenture Trustee to remit to the REP any amount in excess of such required deposit. A REP failing to so remit any such shortfall must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its Replacement (when applicable). REP cash deposits shall be held by the Indenture Trustee, 98 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 5 of 7 Effective Date: May 14, 2010 Revision: Eight maintained in a segregated account, and invested in short-term high quality investments, as permitted by the rating agencies rating the Transition Bonds. Investment earnings on REP cash deposits shall be considered part of such cash deposits so long as they remain on deposit with the Indenture Trustee. At the instruction of the Servicer, cash deposits will be remitted with investment earnings to the REP at the end of the term of the Transition Bonds unless otherwise utilized for the payment of the REP's obligations for Transition Bond payments. Once the deposit is no longer required, the Servicer shall promptly (but not later than 30 calendar days) instruct the Indenture Trustee to remit the amounts in the segregated accounts to the REP. 6. In the event that a REP or the Provider of Last Resort (POLR) is billing customers for TCs, the REP shall have the right to transfer the customer to the POLR (or to another certified REP) or to direct the Servicer to terminate transmission and distribution service to the end -use customer for non - payment by the end -use customer pursuant to applicable Commission rules. D. Billings by the Servicer to the REP or its Replacement when applicable): 1. Applicable to all consumption subject to REP billing of TCs. 2. Payments of TCs are due 35 calendar days following each billing by the Servicer to the REP, without regard to whether or when the REP receives payment from its retail customers. The Servicer shall accept payment by electronic funds transfer (EFT), wire transfer (WT) and /or check. Payment will be considered received the date the EFT or WT is received by the Servicer, or the date the check clears. A 5% penalty is to be charged on amounts received after 35 calendar days; however, a 10- calendar -day grace period will be allowed before the REP is considered to be in default. A REP in default must comply with the provisions set forth in Paragraph 3 below. The 5% penalty will be a one -time assessment measured against the current amount overdue from the REP to the Servicer. The current amount consists of the total unpaid Transition Charges existing on the 36 calendar day after billing by the Servicer. Any and all such penalty payments will be made to the indenture trustee to be applied against Transition Charge obligations. A REP shall not be obligated to pay the overdue Transition Charges of another REP. If a REP agrees to assume the responsibility for the payment of overdue Transition Charges as a condition of receiving the customers of another REP who has decided to terminate service to those customers for any reason, the new REP shall not be assessed the 5% penalty upon such Transition Charges; however, the prior REP shall not be relieved of the previously assessed penalties. 3. After the 10 calendar -day grace period (the 45' calendar day after the billing date) referred to in Paragraph 2 above, the Servicer shall have the option to seek recourse against any cash deposit, affiliate guarantee, surety bond, letter of credit, or combination thereof made by the REP, and avail itself of such legal remedies as may be appropriate to collect any remaining unpaid Transition Charges and associated penalties due the Servicer after the application of the REP's deposit or alternate form of credit support. In addition, a REP that is in default with respect to the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Replacement to End -Use Customers and Paragraph 2 of this section shall select and implement one of the following options: (a) Allow the Provider of Last Resort (POLR) or a qualified REP of the customer's choosing to immediately assume the responsibility for the billing and collection of Transition Charges. (b) Immediately implement other mutually suitable and agreeable arrangements with the Servicer. It is expressly understood that the Servicer's ability to agree to any other arrangements will be limited by the terms of the servicing agreement and requirements of each of the rating agencies that have rated the Transition Bonds necessary to avoid a suspension, withdrawal, or downgrade of the ratings on the Transition Bonds. (c) Arrange that all amounts owed by retail customers for services rendered be timely billed and Immediately paid directly into a lock -box controlled by the Servicer with such amounts to be applied first to pay Transition Charges before the remaining amounts are released to the REP. All costs associated with this mechanism will be borne solely by the REP, If a REP that is in default fails to immediately select and implement one of the foregoing options in (a), (b), or (c) or, after so selecting one of the foregoing options, fails to adequately meet its responsibilities thereunder, then the Servicer shall immediately implement option (a). Upon re- establishment of the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Replacement to End -Use Customers and Paragraph 2 of this section and the payment of all past -due amounts and associated penalties, the REP will no longer be required to comply with this subsection. 4. The initial POLR appointed by the Commission, orany Commission appointed successorto the POLR, will be required to meet the minimum credit rating and /or deposit/credit support requirements described in Paragraph 3 of the preceding section, Billings by the REP or its Replacement to End -Use Customers, in addition to any other standards that may be adopted by the Commission. If the POLR defaults or is not eligible to provide such services, responsibility for billing and collection of transition charges will immediately be transferred to 99 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 6 of 7 Effective Date: May 14, 2010 Revisiorr Eight and assumed by the Servicer until a new POLR can be named by the Commission or the customer requests the services of a certified REP. Retail customers may never be re- billed by the successor REP, the POLR, or Servicer for any amount of Transition Charges they have paid their REP (although future TCs shall reflect REP and other system -wide charge -offs). Additionally, if the amount of the penalty detailed in Paragraph 2 of this section is the sole remaining past -due amount after the 45th day, the REP shall not be required to complywith (a), (b), or (c) above, unless the penalty is not paid within an additional 30 calendar days. 5. In the event the Servicer is billing customers for Transition Charges, the Servicer shall have the right to terminate transmission and distribution service for non - payment by end -use customers pursuant to the Commission's rules. 6. Notwithstanding Paragraph 2 of this section, the REPS will be allowed to hold back an allowance for charge -offs in their payments to the Servicer. Such charge -off rate will be recalculated each year in connection with the annual true -up procedure. in the initial year, the REPs will be allowed to remit payments based on the same system -wide charge off percentage then being used by the Servicer to remit payments to the indenture trustee for the holders of Transition Bonds. On an annual basis in connection with the true -up adjustment process, the REP and the Servicer will be responsible for reconciling the amounts held back with amounts actually written off as uncollectible in accordance with the terms agreed to by the REP and the Servicer, provided that: (a) The REP's right to reconciliation for write -offs will be limited to customers whose service has been permanently terminated and whose entire accounts (i.e., all amounts due the REP for its own account as well as the portion representing Transition Charges) have been written off. (b) The REP's recourse will be limited to a credit against future TC payments unless the REP and the Servicer agree to alternative arrangements, but in no event will the REP have recourse to the SPE or its funds for such payments. (c) The REP shall provide information on a timely basis to the Servicer so that the Servicer can include the REP's default experience and any subsequent credits into its calculation of the Adjusted Transition Charge Rates for the next TC billing Period and the REP's rights to credits will not take effect until after such Adjusted Transition Charge Rates have been implemented. 7. In the event that a REP disputes any amount of billed Transition Charges, the REP shall pay the disputed amount under protest according to the timelines detailed in Paragraph 2 of this section. The REP and Servicer shall first attempt to informally resolve the dispute, but if failing to do so within 30 calendar days, either party may file a complaint with the Commission. If the REP is successful in the dispute process (informal or formal), the REP shall be entitled to interest on the disputed amount paid to the Servicer at the Commission - approved interest rate. Disputes about the date of receipt of Transition Charge payments (and penalties arising thereof) or the size of a required REP deposit will be handled in a like manner. Any interest paid by the Servicer on disputed amounts shall not be recovered through Transition Charges if it is determined that the Servicer's claim to the funds is clearly unfounded. No interest shall be paid by the Servicer if it is determined that the Servicer has received inaccurate metering data from another entity providing competitive metering services pursuant to PURA § 39.107. 8. If the Servicer is providing the metering, the metering data will be provided to the REP at the same time as the billing. If the Servicer is not providing the metering, the entity providing metering service(s) will be responsible for complying with Commission rules and ensuring that the Servicer and the REP receive timely and accurate metering data in order for the Servicer to meet its obligations under the Servicing Agreement and the Financing Order with respect to billing and true -ups. NOTICE This rate is subject to the orders of regulatory bodies having jurisdiction and to the provisions of Company's Tariff for Electric Service. 100 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 2.2 Applicable: Excludes Certified Service Area previously served by TXU SESCO Page 7 of 7 Effective Date: May 14, 201 Q ^.. , . _ Revision: Eiaht Transition Charae Factor 2 (TCF2) Effective Dale May 28, 2010 Dec. 30, 2009 May 29, 2009 May 28, 2008 May 25, 2007 May 30, 2006 May 31, 2005 Nov. 30, 2004 June 30, 2004 101 Hloh Residentia General Service Secondary General Service Primary Voltage Lighting Instantaneous Noticed Interruptible I Service Service Service Interruptible 510 kW >10kW 510 kW >10kW $ /kWh $1 kWh) $ / kW) $ / kWh) $ / kW) $ / kW) $1 kWh) $ / kW) $IkW) 0.000920 .001351 0.248 0.000696 0.269 0.121 0.001286 0.140 0.228 0.001058 (0.000959) 0.397 0.000463 0.330 0.392 0.001291 01199 0.429 0.000984 0.000741 0.289 (0.000294) 0.281 0.170 0.001258 0.157 0.263 0.000948 0.000179 0.266 0.000390 0.280 0.077 0.001219 0.142 0.234 0.000969 0.000684 0.264 0.000309 0.237 0.143 0.001230 0.146 0.233 0.000993 0.000374 0.272 0.000594 0.336 0.168 0.001197 0.139 0.294 0.000958 0.000826 0.366 0.000378 0.289 0.146 0.001360 0.163 0.161 0.001164 0.000577 0.163 0.000799 0.355 0.149 0.001343 0.146 0.316 0.000966 0.000970 0.282 0.000654 0.296 0.205 0.001277 0.113 0.195 101 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 3.1 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: January 1, 2002 Revision: Original 6.1,1.3 CTC 6.1.1.3.1 Rider CTC - Competition Transition Charge NOT APPLICABLE 102 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 4.1 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: Revision: Three 6.1.1.4 Charges for SBF 6.1.1.4.1 Rider SBF - System Benefit Fund AVAILABILITY Pursuant to Utility Code, Section 39.903, the system benefit fund (SBF) is a nonbypassable fee set by the Public Utility Commission (PUC). NET MONTHLY BILL AMOUNT A Retail Customer's SBF fee for the billing month shall be determined by multiplying the appropriate SBF charge factor shown below by the current month's billing kWh as determined in the Retail Customer's applicable Rate Schedule. Rate Schedule Residential Service Secondary Service Less than or Equal to 10 kW Secondary Service Greater than 10 kW Primary Service Less than or Equal to 10 kW Primary Service Greater than 10 kW -- Distribution Line Primary Service Greater than 10 kW — Substation Transmission Service Lighting Service System Benefit Fund Charge Factor (SBFCF) $ 0.000654 per kWh $ 0.000654 per kWh $ 0.000654 per kWh $ 0.000639 per kWh $ 0.000639 per kWh $ 0.000639 per kWh $ 0.000630 per kWh $ 0.000654 per kWh The amount to be billed is determined by multiplying the Retail Customer's kWh consumption by the appropriate system benefit fund charge factor and is rounded to the nearest cent. 103 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 5.1 Applicable: Entire Certified Service Area Except Areas previously served by TXU SESCO Page 1 of 1 Effective Date: December 30, 2009 Revision: One 6.1,1.5 Charges for Nuclear Decommissioning 6.1.1.5.1 Rider NDC - Nuclear Decommissioning Charges AVAILABILITY Applicable, pursuant to Subchapter G, of Chapter 39 of the Utilities Code, to all existing or future Retail Customers, including the facilities, premises, and loads of those Retail Customers, within the Company's geographical certificated service area. NET MONTHLY BILL AMOUNT The Nuclear Decommissioning Charge Factor for each of the Company's stranded cost recovery classes is as follows: Stranded Cost Recovery Class Residential Service Secondary Service Less than or Equal to 10 kW Secondary Service Greater than 10 kW Primary Service Less than or Equal to 10 kW Primary Service Greater than 10 kW — Distribution Line Primary Service Greater than 10 kW — Substation Transmission Service Lighting Service Nuclear Decommissioning Charge f=actor (NDCF) $ 0.000169 per kWh $ 0.000146 per kWh $ 0.044 per Distribution System billing kW $ 0.000096 per kWh $ 0.045 per Distribution System billing kW $ 0.045 per Distribution System billing kW $ 0.046 per Distribution System billing kW $ 0.000147 per kWh The amount to be billed is determined by multiplying the Retail Customer's billing determinant (kWh consumption or kW billing demand, whichever is appropriate) by the appropriate Nuclear Decommissioning Charge Factor and is rounded to the nearest cent. 104 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.1 Applicable: Entire Certified Service Area Page 1 of 3 Effective Date:. Revision: Five 6.1.1.6 Other Charges 6.1.1.6.1 Rider Transmission Cost Recovery Factor (TCRF) APPLICABILITY Each Retail Customer connected to the Company's transmission or distribution system will be assessed a nonbypassable transmission service charge adjustment pursuant to this rider. The charges derived herein, pursuant to Substantive Rule § 25.193, are necessitated by a change in a transmission service provider's wholesale transmission rate subsequent to Commission approval of the Company's base rate charge for transmission service. MONTHLY RATE The Competitive Retailer, on behalf of the Retail Customer, will be assessed this transmission service charge adjustment based on the monthly per unit cost (TCRF) multiplied times the Retail Customer's appropriate monthly billing determinant (kWh, 4 CP kW or NCP kW). The TCRF shall be calculated for each rate according to the following formula: TCRF = N N { [E (NWTRi * NLi) — (BWTRi * NLi)] * 1/ 2 * ALLOQ f ADJ i =1 i =1 I:C rounded to nearest $.000001 Where: TCRF — Transmission Cost Recovery Factor in dollars per kWh, dollars per 4 CP kW or dollars per NCP kW to be used for billing for each listed rate schedule. The rate schedules are listed under "ALLOC" below. NWTRi = The new wholesale transmission rate of a TSP, approved by the Commission by order or pursuant to Commission rules, since the Company's last rate case. BWTRi = The base wholesale transmission rate of the TSP represented in the NWTRi used to develop the retail transmission charges of the Company, in the Company's last rate case. NLi = The Company's individual 4CP load component of the total ERCOT 4CP load used to develop the NWTRi. ALLOC = The class al locator approved by the Commission to allocate the transmission revenue requirement among classes in the Company's last rate case, unless otherwise ordered by the Commission. The Allocation Factor for each listed rate schedule is as follows: Residential Service 46.85388101% Secondary Service Less Than or Equal to 10 kW 1.08761120% Secondary Service Greater Than 10 kW 39.31916342% Primary Service Less Than or Equal to 10 kW 0.01447562% Primary Service Greater Than 10 kW Distribution Line 6.35164042% Primary Service Greater Than 10 kW Substation 1.25180889% Transmission Service 5.12141944% Lighting Service 0.00000000% 105 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.1 Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: Revision: Five ADJ - Z {EXP, -- (REV, — ADJPI n — ADJP2 n �} p =1 Where: ADJ = Adjustment to Rate Class TCRF to include prior periods' oved(under) recovery. EXPp = Transmission expense not included in base rates for period p. REV = TCRF revenue for period p. (REV -- ADJP1p — ADJP2p) = TCRF Revenue for period p excluding prior period adjustments included in period p. ADJPI p = one -sixth of ADJ calculated in the previous TCRF update for the periods 5 and 6. ADJP2p = one -sixth of ADJ calculated in the second previous TCRF update for the periods 1 -4. BD = Each class's billing determinant (kWh, 4 CP kW, or NCP kW) for the previous March 1 through August 31 period for the March 1 TCRF update, and for the previous September 1 through February 28 period for the September 1 TCRF update. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 106 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.1 Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: Revision: Twenty Transmission Cost Recovery Factor (7CRF) Effective Date XXX XX, 2011 March 1, 2011 Sept. 1, 2010 March 1, 2010 Dec. 30, 2009 Sept. 17, 2009 Sept. 1, 2009 March 1, 2009 Sept. 1, 2008 March 1, 2008 Sept. 1, 2007 March 1, 2007 Sept. 1, 2006 March 1, 2006 Sept. 1, 2005 March 1, 2005 Sept. 1, 2004 March 1, 2004 Sept 1,2003 March 1, 2003 Sept. 1, 2002 Jan. 1, 2002 Residential Service Secondary Service 5 10 kW >10 kW s 10 kW Primary Service >10 kW Distribution Line Substation Transmission Service NQn]DR OR ($INCP ($ /4CP NonIDR IDR ($ /4CP IDR ($/kWh) ($/kWh) kW) kW) ($/kWh) $INCP kW) $ /4CP kW) kW) ($ /4CP kW) 0.006872 0.004678 1.846436 2.059691 0.003346 2.124988 2.193299 2.402998 2.249449 0.000950 0.000733 0.283570 0.385626 0.000629 0.302083 0.396410 0.283060 0.422800 0.000685 0.000455 0.170603 0.233457 0.000344 0.191823 0.229377 0.252862 0.247124 0.000516 0.000343 0.128406 0.175714 0.000259 0.144377 0.172643 0.190319 0.186001 0.000363 0.000246 0.091033 0.125668 0.000186 0.105518 0.117411 0.120862 0.120722 0.000363 0.000246 0.091033 0.125668 0.000186 0.112336 0.117110 0.117110 0.120722 0.002356 0.002462 0.472547 0.840573 OA01623 0.479068 0.720912 0.720912 0.691746 0.002189 0.002287 0.439061 0.781008 0.001508 0.445120 0.669826 0.669826 0.642727 0.002063 0.002127 0.403055 0.702664 0.001420 0.430280 0.619825 0.619825 0.573063 0.001732 0.001786 0.338338 0.589841 0.001192 0.361193 0.520303 0.520303 0.481049 0.001533 0.001635 0.310246 0.456301 0.001134 0.438720 0.414901 0.414901 0.440732 0.001215 0.001295 0.245789 0.361500 0.000898 0.347571 0.328701 0.328701 0.349165 0.001051 0.001033 0.271030 0.256934 0.000667 0.881852 0.242577 0.242577 0.379605 0.000764 0.000751 0.196945 0.186702 0.000485 0.640802 0.176270 0.176270 0.275841 0.000808 0.000782 0.195061 0,218221 0.000431 0.614912 0.202486 0.202486 0.278379 0.000899 0.000882 0.218670 0.232808 0.000486 0.683723 0.218281 0.21$281 0.284134 0.000866 0.000843 0.219118 0,254549 0.001117 0.707964 0.225077 0.225077 0.326989 0.000501 0.000488 0.126731 0.153007 0.000646 0.409464 0.130178 0.130178 0.189120 0.000398 0.000320 0.105622 0.120717 0.000184 0.105499 0.904723 0.104723 0.133828 0.000223 0.000214 0.059254 0.068434 0.000154 0.059010 0.060388 0.060388 0.078650 0.000056 0.000045 0.014703 0.018325 0.000026 0.011607 0.017807 0.017807 0.013191 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 0.000000 107 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.2 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: Revision: Three 6.1.1.6.2 Rider CMC - Competitive Metering Credit AVAILABILITY Applicable, pursuant to PURA § 39.107 (b) and (i) and PUCT Substantive Rule § 25.311, to any non - residential Retail Customer required by the Independent Organization to have an Interval Data Recorder Meter or a non- residential Retail Customer that is a party of an energysavings performance contract and Company has installed a Non- Company Owned Billing Meter. NET MONTHLY BILL AMOUNT The Competitive Metering Credit for each of the Company's eligible retail rate schedules is as follows: Rate Schedule Meter Credit Secondary Service Less than or Equal to 10 kW $1.01 per month Secondary Service Greater than 10 kW $1.82 per Month Primary Service Less than or Equal to 10 kW $1.86 per Month Primary Service Greater than 10 kW — Distribution Line $2.55 per Month Primary Service Greater than 10 kW - Substation $3.75 per Month Transmission Service $3.75 per Month Lighting Service (Metered Facilities) $1.48 per Month The Retail Electric Provider of record forthe applicable Retail Customer will receive one credit per month for the Retail Customer's utilization of a Non - Company Owned Billing Meter. Rider CIVIC is not applicable to Retail Customers being provided service under the Residential Service Rate Schedule or the Unmetered Facilities Monthly Rate contained in the Lighting Service Rate Schedules. AGREEMENT An Agreement for Meter Ownership and/or Access for Non - Company Owned Meters is required. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. 108 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.3 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: December 30, 2010 Revision: Four 6.1.1.6.3 Rider EECRF - Energy Efficiency Cost Recovery Factor APPLICATION Applicable, pursuant to PURA § 39.905(b)(4) and Substantive Rule § 25.181(f), to all customers in customer classes that receive services under the Company's energy efficiency programs. METHOD OF CALCULATION An Energy Efficiency Cost Recovery Factor (EECRF) shall be calculated annually in accordance with the following formula: EECRF., = [(Exp - Rev + (Exp. - Rev.) + Incent)] + CUSTp, where: EECRF, = Energy Efficiency Cost Recovery Factor for the class. Exp = Projected expense for next year by class. Rev = Projected revenue in base rates for the next year by class. Exp = Actual expense from the previous year by class. Rev, = Actual revenue in base rates and EECRF from the previous year by class. Incent = An allowance approved by the PUC for recovery by the Company in recognition of Company performance in exceeding its demand reduction goals. CUST = Cumulative number of bills by class forecast for all months of the next year. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 109 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6,1.1 Delivery System Charges Sheet: 6.3 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: December 30, 2010 Revision: Four Energy Efficiency Cost Recovery Factor {EECRF) Effective Date Dec. 30, 2010 Dec. 30, 2009 Sept. 17, 2009 Dec. 29, 2008 Residential Transmission Lighting Service Secondary Service Primary Service Service Service >10kW— Distribution > 10 kW — 5 10 kW > 10 kW 5 10 kW Line Substation ($ I Retail ($1 Retail ($1 Retail ($1 Retail ($1 Retail ($ I Retail ($ I Retail ($ I Retail Customer) Customer) Customer) Customer) Customer) Customer) Customer) Customer) 0.91 0.01 8.14 4.79 75.91 165.59 (71.62) 0.00 0.89 0.11 9.66 0.06 59.87 720.49 273.71 0.00 0.92 0.22 8.68 0.00 76.27 76.27 44377 0.00 0.22 (0.79) 2.48 (2,17) 26.17 26.17 (227.52) (0.17) 110 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: March 1, 2010 Revision: Two 6.1.1.6.4 Rider AMCRF - Advanced Metering Cost Recovery Factor "AI LABILITY Applicable, pursuant to PURA § 39.107(h) and PUCT Substantive Rule § 25.130, to Retail Customers receiving metered service for which the Companywill install an Advanced Metering System ( "AMS ") at anytime during the AMS cost recovery period approved by the Public Utility Commission of Texas. Rider AMCRF is not applicable to Retail Customers whose: (1) load is required to be metered by an interval data recorder meter by the Independent System Operator (ERGOT), (2) load was metered byan interval data recorder meter prior to the effective date of PUCT Substantive Rule § 25.130 (May 30, 2007), or (3) load is unmetered. NET MONTHLY BILL AMOUNT The AMCRF for each of the Company's applicable retail rate schedules is as follows: Rate Schedule AMCRF Residential Service $2.19 per Month Secondary Service Less than or Equal to 10 kW $2.39 per Month Secondary Service Greater than 10 kW $3.98 per Month Primary Service Less than or Equal to 10 kW $3.95 per Month Primary Service Greater than 10 kW $5.15 per Month Lighting Service (Metered Facilities) $3.25 per Month HOME AREA NETWORK FUNCTIONALITY As of January 31, 2010, Oncor's advanced metering system supports provisioning and de- provisioning up to five in -home devices, transmitting pricing signals, direct load control or thermostat adjustment signals, and text messages using ZigBee Smart Energy Profile 1.0. Messages can be sent to an individual meter (point -to- point) or to all meters across the entire system (broadcast). NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. 111 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.5 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: December 30, 2009 Revision: One 6.1.1.6.5 Rider RCE — Rate Case Expense Surcharge AVAILABILITY Applicable to all Retail Customers receiving Delivery Service under one of the Company's Rate Schedules in the Tariff for Retail Delivery Service for recovery of rate case expenses approved in Docket No. 36530. Rider RCE shall remain in effect for three years from the effective date of this tariff. NET MONTHLY BILL AMOUNT The RCE amount for each of the Company's applicable retail rate schedules is as follows: Rate Schedule RCE Residential Service $0.000036 per kWh Secondary Service Less than or Equal to 10 kW $0.000049 per kWh Secondary Service Greater than 10 kW $0.007944 per kW Primary Service Less than or Equal to 10 kW $0.000027 per kWh Primary Service Greater than 10 kW — Distribution Line $0.006785 per kW Primary Service Greater than 10 kW - Substation $0.003775 per kW Transmission Service $0.001874 per kW Lighting Service $0.000139 per kWh NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. ME, Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.6 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: Revision: One 6.1.1.6.6 - Rider SCUD - State Colleges & Universities Discount AVAILABILITY This rider is available to any facility of a four -year state university, upper -level institution, Texas State Technical College, or college as provided for in Sec. 36.351 of the Utilities Code, and is applicable to Delivery System Service taken pursuant to a Rate Schedule which specifically references this Rider (the "Effectuating Rate Schedule "). MONTHLY RATE The total of the Transmission and Distribution Charges (including Municipal Franchise Fee), System Benefit Fund Charge, and Nuclear Decommissioning Charge that would otherwise be applicable under the Effectuating Rate Schedule, shall be reduced by 20 %. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. 113 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.1 Delivery System Charges Sheet: 6.7 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: January 1_2012 Revision: Original 6.1.1.6.7 Rider RS -- Regulatory Surcharge AVAILABILITY Applicable to all Retail Customers receiving Delivery Service under one of the Company's Rate Schedules in the Tariff for Retail Delivery Service. Rider RS shall remain in effect through the end of the billing month that the amount approved for recovery has been billed (which is estimated to be three years from the effective date of this tariff). NET MONTHLY BILL AMOUNT The RS amount for each of the Company's applicable retail rate schedules is as follows: Rate Schedule RS Residential Service $0.000075 per kWh Secondary Service Less than or Equal to 10 kW $0.000069 per kWh Secondary Service Greater than 10 kW $0.022454 per kW Primary Service Less than or Equal to 10 kW $0.000003 per kWh Primary Service Greater than 10 kW — Distribution Line $0.023038 per kW Primary Service Greater than 10 kW - Substation $0.019004 per kW Transmission Service $0.017683 per kW Lighting Service $0.000076 per kWh NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. 114 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 1 Applicable: Entire Certified Service Area Page 1 of 6 Effective Date: Revision: Eleven 6.1,2 Discretionary Charges 6.1.2.1 Standard Discretionary Service Charges Charges Billed by Company to Competitive Retailer The Discretionary Service Charges listed below are charges for which the Company shall bill the Competitive Retailer upon completion of the service. All charges for the services in 6.1.2 are included in the rates herein. No additional charges (such as processing fees, copying fees etc) shall apply. Company shall uniformly apply the standard TX SET code that corresponds to each service below on all invoices for such service. Charge Name and Description Amount No. Company shall be open for normal business Monday- Friday 8:00 AM - 5:00 PM and available for Priority /Same Day requests Monday -- Friday 5:00 PM - 10:00 PM except on holidays designated in Section 3.18, NON - BUSINESS DAY DESIGNATIONS. Company shall be available for emergencies at all times. This shall not preclude Company from staffing at additional times. Conner #tan Charges,(Moue m) SD1 Standard Move -In Applicable to requests to energize a Retail Customer's connection to the DeliverySystem where at least two Business Days notice has been provided. Such requests, which include the corresponding TX SET code for standard service, and are received by Company at least two Business Days prior to the Competitive Retailer's requested date shall be completed no later than the requested date. Requests received after 5:00 PM CPT or on a day that is not a Business Day, shall be considered received on the next Business Day. If the request is received less than two Business Days prior to the requested dale, the Move -In will be scheduled for the Business Day that is two Business Days after the date the request is received. If the requested date Is not a Business Day, the Move -In will be scheduled for the first Business Day following the requested date. This service is not available if inspections and permits, or other construction is required. i. Self- Contained Meter (e)isting) $ 3.20 il. Self - Contained Meter (new) $ 11.35 ill. CT/Other Meter (existing) $ 57.65 IV. CT /Other Meter new $ 75.95 SD2 Priority Move -In Applicable to requests to energize a Retail Customer's connection to the DeliverySystem where less than two Business Days notice has been provided. Such request shall Include the TX SET priority code designation for priority service. Company shall complete Priority Connections on the requested date, provided that the request was received by 5:00 PM CPT of that Business Day, If service is not provided on the Business Day the request is received, the Priority Connection shall be completed by no later than close of business of the next Business Day. Requests received after 5:00 PM CPT or on a day that Is not a Business Day, shall be considered received on the next Business Day. This service is only available at an existing Premises with an existing Meter. It Is not available if Inspections and permits, or other construction Is required. I. Self- Contained Meter (existing) $ 10.35 ii. CT /Other Meter (existing) $103.90 Disdonnect es ton Char g S03 Move -Out Company shall discontinue Delivery Service to the Point of Deliveryon the requested date provided the Company recelves the transaction at least two Business Days prior to the' requested date. A transaction received after 5:00 PM CPT on a Business Day, or on a Charge applicable to day that is not a Business Day, will be considered received on the next Business Day. If requests to de- the request is received less than two Business Days prior to the requested date, the energize service on Move -Out will be scheduled for the Business Daythat is two Business Days afterthe date a move -out is the request is received. If the requested date is not a Business Day, the move -out will be Included in the scheduled for the first Business Day following the requested date, move -In charge, 115 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Applicable: Entire Certified Service Area Effective Date: Sheet: 1 Page 2 of 6 Revision: Eleven SD4 Customer Requested Clearance Applicable to requests to de- energize/re- energize Company facilities to allow Retail Customer or Retail Customer's contractor to work near Company or on or near Retail Customer's electrical facilitles. Requests for Clearance shall be filled on the requested date provided Company receives the request on a Business Day that is not later than three Business Days prior to the requested date. Notices received after 5:00 PM CPT, or on a day that is not a Business Day, will be considered received on the next Business Day. If the requested date Is not a Business Day, or If the Company receives the request with less than three Business Days prior notice, or the clearance cannot be safely performed on the requested date, Company will accommodate the request based on mutual agreement with the requesting party at charges as calculated. All charges Include the cost for de- energizing and re- energizing facilities. I. With three Business Days notice (residential) Ii. With three Business Days notice (non - residential) Iii. With less than three Business Days notice As Calculated As Calculated As Calculated Disconnect / Reconnect for Non Pay Charges _.. SD5 Disconnect for Non -Pay (DNP) Applicable to requests from Competitive Retailer to de- energize service to Retail Customer due to Retail Customer's failure to pay charges billed by Its Competitive Retailer or Company. For premises without a provisioned advanced meter and for premises with a provisioned advanced meter without remote disconnect/connect capabilities, if the DNP is requested by the Competitive Retailer, the request shall be completed within three Business Days of the requested date, provided Company receives the request at least two Business Days before the requested date. Notices received after 5:00 PM CPT, or on a day that is not a Business Day, will be considered received on the next Business Day. For premises with a provisioned advanced meter with remote disconnect/connect capabilities and for which that Company can successfully communicate with that provisioned advanced meter at the time Company attempts to execute the request by using Company's advanced metering system, If the DNP Is requested by the Competitive Retailer, the request shall be completed within 2 hours of receipt of request on the requested date provided Company receives the request no later than 2:00 PM CPT on the requested date and provided that the requested date Is a Business Day. Requests received after 2:00 PM CPT on the requested date, or on a day that is not a Business Day, will be completed no later than 8:00 AM CPT on the next Business Day. If Company cannot successfully communicate with the provisioned advanced meter at the time Company attempts to execute the request by using Company's advanced metering system, the request shall be completed within three Business Days ofthe requested date. For all premises, Company shall not disconnect a premise before the requested date and shall not disconnect a premise on the Business Day immediately preceding a holiday. If the DNP Is performed by Company due to Retail Customer's non - payment of a charge billed directly by Company to the Retail Customer, or because the Retail Customer has not fulfilled its obligations under a contract entered Into between Company and the Retail Customer, these charges shall not be billed to the Competitive Retailer. At Meter i. Standard Disconnect $ 2.70 It. Same Day Disconnect n/a At Premium Location (i.e. pole, weatherhead, secondary, box_) 1. Standard Disconnect $ 35.55 fl. Same Day Disconnect n/a AV Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Applicable: Entire Certified Service Area Effective Date: Sheet: 1 Page 3 of 6 Revision: Eleven SD6 Reconnect After DNP Applicable to requests to re- energize service to Retail Customer after Retail Customer has been disconnected for non - payment. Company shall complete reconnection no later than 48 hours from the time the request Is received. However, if this requirement results In the reconnection being performed on a day that is not a Business Day, an additional charge for non - Business Day connection will also apply. Standard Reconnect: For premises without a provisioned advanced meter, for premises with a provisioned advanced meter without remote disconnect/connect capab €lit €es, and for premises with a provisioned advanced meter for which that Company cannot successfully communicate with that provisioned advanced meter at the time Company attempts to execute the request by using Company's advanced metering system, standard reconnect requests received by Company by 2:00 PM CPT on a Business Day shall be reconnected that day. For premises with a provisioned advanced meter with remote disconnect/connect capabilities and for which Company can successfully communicate with that provisioned advanced meter at the time Company attempts to execute the request by using Company's advanced metering system, standard reconnect requests received by Company from 8:00 AM CPT to 7:00 PM CPT on a Business Day shall be reconnected within 2 hours of receipt of request. For premises with a provisioned advanced meter with remote disconnect/connect capabilities where the Competitive Retailer provides prepaid service under P.U.C. SuesT. R. 25.498, standard reconnect requests received by the Company from 8:00 AM CPT to 7:00 PM CPT on a Business Day shall be reconnected within 1 hour of receipt of request. For all premises, standard reconnect requests received by Company after 2:00 PM CPT on a Business Day shall be reconnected that day if possible, but no later than the close of Company's next field operational day. Standard reconnect requests received by Company after 7:00 PM CPT or on a day that is not a Business Day maybe considered received on the next Business Day. Same Day Reconnect: Same day reconnect requests received by Company prior to 5:00 PM CPT on a Business Day shall be reconnected no later than the close of Company's field operational day. At Meter L Standard Reconnect $ 3.10 €€. Same Day Reconnect $ 5.30 i € €. Weekend $ 25.00 €v. Holiday $ 32.45 At Premium Location (i.e. Dole, weatherhead, secondary box) I. Standard Reconnect $ 40.40" 1€. Same Day Reconnect $ 65.60 " Ill. Weekend $11610" IV. Holiday $143.15" NOTE: In no event shall Company fail to reconnect service within 48 hours after a reconnection request is received, „Meter Test Chtige .. " ..... SD7 Applicable to Meter tests performed at the request of Competitive Retailer or Retail Customer in accordance with Section 4.7.4, METER TESTING. Self - contained Meter — Company owned i. First test within the previous four years No Charge il. Found outside of the accuracy standards No Charge i € €. Single Phase $ 33.70 Iv. Three Phase $ 77.80 CT /Other Meter — Company owned L First test within the previous four years No Charge ii. Found outside of the accuracy standards No Charge iii. Single Phase $ 87.75 iv. Three Phase $117.00 Competitive Meter $117.00 117 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Applicable: Entire Certified Service Area Effective Date: Sheet: f Page 4 of 6 Revision: Eleven Out of Cycle Meter Read Charges SD8 Re -Reads Applicable to requests to re -read Retail Customers Meter to verify the accuracy of Company's Meter Reading. The re -read shall be completed within five Business Days of Company's receipt of the request. I. Meter Reading found to be in error $ 0.00 ii. Meter Reading found to be accurate $ 1.90 SD9 Out -of -cycle Meter Read for the Purpose of a Self - Selected Switch $ 1.90 Applicable to requests to read Retail Customer's Meter on a date other than Company's regularly scheduled monthly Meter Reading date for the purpose of a switch of a Retail Customers account to a new Competitive Retailer on a date certain. Company shall perform the Meter Read on the Competitive Retailers requested date, provided the Company receives the request on a Business Day that is not later than two Business Days prior to the requested date. Notices received after 5:00 PM CPT, or on a day that is not a Business Day, will be considered received on the next Business Day. If the requested date is not a Business Day, the out -of -cycle Meter Read will be scheduled for the first Business Day following the requested date. The meter read shall be performed in accordance with Section 4.3.4, CHANGING OF DESIGNATED COMPETITIVE RETAILER. Meter Read for the Purpose of a Standard Switch $ 0.00 Applicable to requests to read Retail Customers Meterforthe purpose of switching Retail Customers account to a new Competitive Retailer when the customer has not requested switching on a date certain. Company shall use on -cycle meter readings obtained during the three business days prior to the first available switch date (FASD) received from the Registration Agent or the four business days beginning with the FASD for customers whose meters were scheduled for on -cycle readings during that time, and shall perform a Meter Reading or Estimated Meter Reading within four business days beginning with the FASD for customers whose meters were not scheduled to be read during that time. The Meter Reading shall be performed in accordance with Section 4.3.4, CHANGING OF DESIGNATED COMPETITIVE RETAILER. Out -of -Cycle Meter Estimation for the Purpose of a Switch due to denial of Access by $ 1.90 Retail Customer Out -of -Cycle Estimate for the Purpose of a Mass Transition $ 0.00 Charges for estimation shall be charged to the exiting Competitive Retailer. N.o11 S #andard Meter Installation Charges, SD10 Off -site Meter Reading (OM R) Equipment Installation Applicable to installation, upon request, by Rate[] Customer or Retail Customers Competitive Retailer, 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. Equipment shall be Installed within 30 days of receipt of request. During Normal Business Hours $113.55 SD11 Automated Meter Reading (AMR) Equipment Installation Applicable to installation, upon request, by Retail Customer or Retail Customers Competitive Retailer, of Company's "Standard Advanced Metering Equipment" designed to transmit Information via telephone to a central location. This allows forthe provision of Meter Reading Information on cycle or special reading date without visual contact with the Meter. Equipment shall be Installed within 30 days of receipt of request. Single -Phase Self Contained During Normal Business Hours $244.75 Three -Phase Self Contained During Normal Business Hours $305.80 Single -Phase Instrumented Rated During Normal Business Hours $259.35 Three -Phase Instrumented Rated During Normal Business Hours $335.05 118 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6,1.2 Discretionary Charges Applicable: Entire Certified Service Area Effective Date: Sheet: 1 Page 5 of 6 Revision: Eleven SD12 Interval Data Recorder (IDR) Equipment Installation Applicable to installation, upon request, by Retail Customer or Retail Customer's Competitive Retailer, of Company's "Standard Advanced Metering Equlpmenf'designed to access interval load data via telephone or other mode of transmission agreed to by cusiomerto a central location. Equipment shall be installed within 30 days of receipt of request. - During Normal Business Hours As Calculated Setvtce Cal! Charge , , SD13 Applicable when Company employee is dispatched to the Retail Customers Premises at the request of the Retail Customer or Competitive Retailer to investigate an outage or other service problem that, upon investigation by Company, is determined not to be a problem with Companys equipment or system. 1. During Business Days, 8:00 AM -5:00 PM CPT $ 10.35 Ii. Business Days non - Business Hours $ 25.50 iii. Weekend $145.70 Iv. Holiday $182.60 Outdoor Lt g htir Char 9 S� .. , SD14 Security Lighting Repair Applicable to requests, by Retail Customer or Retail Customer's Competitive Retailer, to repair existing Company -owned security lights on Retail Customer's Premises unless such repair is necessary due to normal lamp and glass replacements. If necessarydue to normal lamp and glass replacements, repair shall be performed at no charge. Company shall complete repairs within 15 calendar days of the request in accordance with Section 5.4.6, RETAIL CUSTOMER'S DUTY REGARDING COMPANY S FACILITIES ON RETAIL CUSTOMER'S PREMISES. As Calculated` SD15 Security Light Removal Applicable to requests, by Retail Customer or Retail Customer's Competitive Retailer, to remove Company -owned security lights on the Retail Customer's Premises in accordance with Sections 5.7.8, REMOVAL AND RELOCATION OF COMPANY'S FACILITIES AND METERS and 5.7.9, DISMANTLING OF COMPANY'S FACILITIES. This charge shall not apply to removals initiated by the Company. A Retail Customer or a Competitive Retailer on behalf of Retail Customer, shall request removal of outdoor lighting facilities at least 30 days prior to the requested removal date. The removal request shall be completed by Company on requested removal date. If mutually agreed to by Company and the Retail Customer, or the Competitive Retaller on behalf of the Retail Customer, Company may begin the removal of outdoor lighting facilities and complete the removal of outdoor lighting facilities on a date or dates other than the Initially requested removal date. As Calculated* SD16 Street Light Removal Applicable to requests, by Retail Customer or Retail Customer's CompeUtive Retailer, to remove existing Company -owned street lights, in accordance with Sections 5.7.8, REMOVAL AND RELOCATION OF COMPANY'S FACILITIES AND METERS and 5.7.9, DISMANTLING OF COMPANY'S FACILITIES. A Retail Customer or a Competitive Retailer on behalf of Retail Customer, shall request removal of outdoor lighting facilities at least 30 days prior to the requested removal date. The removal request shall be completed by Company on requested removal date. If mutually agreed to by Company and the Retail Customer, or the Competitive Retailer on behalf of the Retail Customer, Company may begin the removal of outdoor lighting facilities and complete the removal of outdoor lighting facilities on a date or dates other than the initially requested removal date. As Calculated* 119 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Applicable: Entire Certified Service Area Effective Date: Sheet: 1 Page 6 of 6 Revision: Eleven Tampering Charges � � f � z K SD17 Tampering Applicable to unauthorized use of Delivery System pursuant to Section 5.4.7, UNAUTHORIZED USE OF DELIVERY SYSTEM or other Tampering with Company metering facilities or any theft of electric service by any person on the Retail Customers Premises. Tampering charges can include, but are not limited to, Delivery Charges, cost of replacement and repair of damaged Meter and associated equipment, cost of installation of protective facilities or relocation of the Meter, and all other costs associated with the Investigation and correction of the unauthorized use. As Calculated SD18 Broken Meter Seal Applicable to breakage of the Meter seal. $ 19.P0 Denial of Access S019 Inaccessible Meter Charge Applicable when Company personnel is unable to gain access to the meter of a non- residential critical load premises as a result of continued denial of Access as provided In Section 4.7.2.1 DENIAL OF ACCESS BY RETAIL CUSTOMER. $ 91.85 These charges are applicable to services that will have widely varying costs depending upon the circumstances and requirements of the work to be done. These charges are applicable to services provided at locations that are unique and that present special challenges. These challenges vary and as a result, the costs of providing the service may vary widely depending on the required expertise and equipment needed to perform the work. 120 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 1 of 6 Effective Date: R evision: F ive 6.1.2.2 Construction Service Charges AVAILABILITY Applicable to all Competitive Retailers and Retail Customers requesting construction services bythe 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: DD1 Delivery System Facilities Relocation/Removal Study Charge As Calculated Applicable to requests for studies to be performed by Company associated with removal or relocation of Company facilities or installation of non - standard Company facilities. DD2 Delivery System Facilities Relocation/Removal Charge As Calculated Applicable to requests for relocation or removal of Company facilities at the request of and for the benefit of the requeslor pursuant to Section 6.1.2.2 of this Tariff for Retail Delivery Service. DDS Competitive Meter Removal/Installation Service Fee Applicable to request for Company to remove a Company -owned meter and replace It with a 3'" party owned meter, at the Retail Customer's request. This applies to the reinstallation of a 3'" party owned meter previously removed in association with DD4. A. Self Contained Meter $ 98.00 B. Instrument Rated Meter $168.20 C. [DR Meter $197.45 DD4 Competitive Meter Physical Access Equipment Installation Service Fee Applicable to requests for the Installation of an external termination junction box which utilizes the RJ family of connectors to provide physical access to the modem, network, serial and /or digital pulse data Interfaces on a competitive meter. A. No Additional Service Call Required (performed during Initial meter Installation) $ 29.25 B. Additional Service Call Required (performed after initial meter installation) $ 52.65 DDS Emergency Restoration Service Charge As Calculated Applicable to requests for the provision of emergency restoration service related to customer facilities, which includes transformation and protection equipment, as requested by Retail Customer In accordance with Commission Substantive Rules and is charged on the basis of an estimate forthe job or the Company's cost plus appropriate adders. DD6 Delivery System Facilities Installation Charge As Calculated Applicable to requests made pursuant to Section 6.1.2.2 of this Tariff for Retail Delivery Service for requests involving the installation, construction, or extension of Delivery System facilities. For requests made pursuant to Section 6.1.2.2 of this Tariff for Retail Delivery Service for service in an area where Network Service is the existing or planned service, this charge will be based on the cost of the installation, construction, or extension of Network Service. DD7 Additional Service Design Charge As Calculated Applicable to requests to prepare iterative designs to provide service to a specific location where such Iterations are at the request of the Retail Customer for the Retail Customer's sole benefit. DDB Temporary Facilities Charge Applicable to requests made In conjunction with short -term construction projects. A. Connect and disconnect service and read a meter already Installed. $ 63.55 B. Install and remove single phase service wires and a meter (demand or non - demand) $209.80 and read a meter. C. Install and remove single phase service wires, meter and transformer (up to 50 kVA) on $901.00 existing pole and read a meter. D. All other temporary facilities Installation and removal. As Calculated 121 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 2 of 6 Effective Date: Re vision: Fiv 6.1.2.2.1 General: Delivery System 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 requested facilities are greater than the required facilities needed to serve the Retail Customer's load as determined by the Company, 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, the Retail Customer has requested additional facilities above those required to provide service as determined by the Company, or the Retail Customer has requested installation of non- standard facilities. The cost of all facilities, equipment, and services that Company is to provide under Section 6.1.2.2 of this Tariff will constitute the components of the Delivery System facilities necessary to provide Delivery Service to Retail Customer. These costs will be compared to the standard allowance to determine the amount of contribution In aid of construction that will be recovered from the retail customer, if any. 6.1.2.2.1.1 Standard Delivery System Facilities Except in those areas where Network Service is the existing or planned service in use, Company's standard Delivery System facilities consist of the overhead Delivery System facilities necessary to transport Electric Power and Energy from a single, single -phase or three - phase source to Retail Customer at one Point of Delivery, with one standard Company Meter, at one of Company's available standard voltages. In those areas where Network Service is the existing or planned service in use, Company's standard Delivery System facilities consist of the facilities necessary to provide Network Service. 6.1.2.2.1.2 Non - standard Facilities Except in those areas where Network Service is the existing or planned service in use, 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, poles other than wooden poles, or faculties necessary to provide service at a non- standard voltage. Non - standard facilities also include underground facilities except in those locations where Company determines, for engineering or economic reasons, that underground facilities shall constitute standard facilities. In those areas where Network Service Is the existing or planned service in use, Network Service Is the only Delivery Service available. 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 6.1.2.2.7, NON - STANDARD FACILITY EXTENSIONS. If a municipality requests or requires Company to Install non - standard facilities, then the projected additional cost of such non - standard facilities shall be paid by the requesting entity to Company prior to Installation of such facilities. Company may, at its option, allow for the payment of the additional costs over a period of time. Company shall replace underground facilities with similar underground facilities except for subsurface transformers, which shall be replaced by surface pad - mounted transformers unless Company determines, based on engineering or economic reasons, that a replacement subsurface transformer is more appropriate. A Facility Service Agreement or Delivery Service Agreement may be required for the installation of Non - Standard Facilities 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 or easements on property owned or controlled by Retail Customer that are necessary for Company to install Delivery System facilities for the purpose of delivering Electric Power and Energy to the Retail Customer. Such easement will be in a form acceptable to Company, Including but not limited to, the form of easement agreements set forth in Section 6.3 of this Tariff. With respect to distribution facilities, Retail Customer shall provide any necessary rights -of -way on property not owned or controlled by Retail Customer. If Retail Customer Is unable to secure for Company any necessary rights -of -way or easements on property not owned or controlled by Retail Customer, Retail Customer shall be responsible for the actual costs incurred by Company in obtaining and clearing such rights -of way or easements. Retail Customer also provides, without cost to Company, Suitable Space for the installation of Delivery System facilities necessary to transport Electric Power and Energy to the Retail Customer and for installation of metering facilities. In those areas where Network Service Is the existing or planned service in use, then Retail Customer provides, without cost to Company, the space required for the installation of the facilities required for double contingency underground service. 122 Tariff for Retail Delivery Service Oncor Electric Delivery Company L.L.0 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 3 of 6 Effective Date: Revision: Five 6.1.2.2.2 Overhead Delivery Service 6.1.2.2.2.1 Standard Service Drop Except in those areas where Network Service is the existing or planned service in use, Company provides, installs, and maintains Service Drop to the Point of Delivery approved by Company. Retail Customer provides and Installs a point of attachment (such as a bracket, eye bolt, house knob, metal clevis, etc.) with adequate support that Is acceptable to Company and meets all applicable codes. 6.1.2.2.2.2 Service Entrance Conductor Retail Customers 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. Th e 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. Retail Customer shall execute a written easement agreement with Company In a form acceptable to Company, including, but not limited to, the form easement agreements set forth in Section 6.3 of this Tariff. 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 lowering or raising of electrical conductors or associated equipment required by any change In grade Is at the expense of Retail Customer, including necessary grade work. 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 where substantial investments have been made in underground service facilities, such as Network Service, 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. In certain areas of Company's Delivery System, Including but not limited to portions of downtown Dallas, downtown Fort Worth, and downtown Waco, Company provides Network Service from its underground service facilities. In those areas where Network Service is provided, the standard service is double contingency underground service. 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 -- Secondary Voltage Company furnishes, Installs and maintains the Service Lateral connecting Company's Delivery System to Retail Customer's Point of Delivery for permanent residential single phase service. All other service laterals are furnished, installed, maintained, and owned by Retail Customer. 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 Customers 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 transformers) 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, operation, and maintenance 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 123 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 4 of 6 Effective Date: Revision: Five 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, at its cast, In accordance with Company specifications. If the vault is 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, whether Company or Non - Company owned, are Installed and maintained by Company. Meters shall be located outside the building. If the customer requires a meter location other than outside the building and Company approves such location, the customer shall install and own the electric service conductors from a point of delivery outside of the building (either secondary transformer terminals or service enclosure). All Meter transformers and transockets shall be fumished and owned by Company for these purposes. Where Retail Customer requests the installation of a Company 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 or Non - Company Owned Meter. In case of a relocation made necessary due to inaccessibility, hazardous location, or dangerous conditions for which Retail Customer is responsible, or in order to prevent a recurrence of unauthorized use of Delivery Service or tampering with equipment, Retail Customer, or Retail Customer's Competitive Retailer may be required to relocate Retail Customer's service facilities and Company facilities, including the Metering Equipment to a location agreeable to Company at the Retail Customer's expense. 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 for Small Loads 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 or Retail Customer requests facilities in excess of those required to provide service as determined by the Company. In those areas where Network Service is the existing or planned service in use, the extension of Network Service is made to Retail Customer if Retail Customer complies with the requirements for receiving Network Service described In this Tariff. 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 overhead single phase electric service, 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 limes 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 Small Loads Except In those areas where Network Service is the existing or planned service in use, 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's existing 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 onetime non - refundable contribution in aid of construction for the cost of providing an extension in excess of such amount based upon a specific cost study. 124 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 5 of 6 Effective Date: Revision: Five 6.1.2.2.6 Standard Facility Extension: All Other Extensions 6.1.2.2.6.1 Calculation of Contribution in Aid of Construction ( "CIAC ") for All Other Standard Facility Extensions Customer will pay a CIAC amount to Company as determined In the formula below. If the amount calculated below is zero or negative, no CIAC is required. All calculations and component costs used in the determination of the CIAC will be provided to Retail Customer upon request. To the extent that the payment is considered taxable revenue to the Company, it shall include an amount equal to the Company's tax liability. The CIAC shall also include an amount to recover franchise fees where applicable. Retail Customers Requesting Three -Phase Service or Any Service with a Maximum kW Demand Greater Than or Equal to 20 kW CIAC Amount = Direct Cost -- Standard Allowance + Company's Tax Liability + Applicable Franchise Fees 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 - Standard Allowance Factor x Maximum kW Demand Standard Allowance Factor - The appropriate factor set forth below for all Retail Customers requesting three -phase service or any service with a Maximum kW Demand Rreater than orequal to 20 kW, by rate class. Rate Class Standard Allowance Factor Secondary Service Greater Than 10 kW $155 /kW Primary Service Greater Than 10 kW -- Distribution Line $ 79 AW Primary Service Greater Than 10 kW - Substation $ 2 AW Transmission Service* $ 2 AW *The Transmission Service Standard Allowance Factor applies only to the cost of providing and Installing metering and capacitors on the Delivery System. Maximum kW Demand - 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. 6.1.2.2.6.2 Extensions to Multi- Family Dwellings Standard allowable expenditure when serving Multi- Family Dwellings Is the average estimated system cost to serve Multi- Family Dwellings, on a per unit basis. 6.1.2.2.6.3 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 facillty 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. 6.1.2.2.6.4 Unused Standard Allowance Under no circumstance shall any unused standard allowance be paid or credited to the Retail Customer or used to reduce the cost for Installation of non - standard Delivery System facilities or non - standard street lighting facilities. 6.1.2.2.7 Non - Standard Facility Delivery System Extensions if Retail Customer desires Delivery System service that involves non - standard facilities as described In Section 6.1.2.2.1.2 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 less the cost of 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 tens of the applicable Facility Extension Agreement or Discretionary Service Agreement, or in the absence of a Facility Extension Agreement or Discretionary Service Agreement, on reasonable notice to Retail Customer and the Retail Customer's Competitive Retailer. 125 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 2 Applicable: Entire Certified Service Area Page 6 of 6 Effective Date: Revision: Five 6.1.2.2.8 Temporary Delivery System Facilities 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. 6.1.2.2.9 Removal and Relocation of Company's Facilities Company may remove or relocate Company facilities upon request. If removal or relocation of Company facilities Is in direct conflict with a proposed structure and is associated with a change in Retail Customer's 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 or 6.1.2.2.6, whichever is applicable. 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, the requesting entity pays the total cost of removing or relocating such facilities. 126 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 3 Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: Re Fi 6.1.2.3 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: Charge No: Name and pescrlption . Amount DD9 Holiday Move -In Charge Applicable to requests to energize Retail Customer's connection to the Delivery System on a holiday. This service is only available at an existing Premise with an existing Meter. It Is not available if inspections and permits, or other construction is required. A. Self Contained Meter $ 36.35 B. Other Connections $176.70 DD10 Out -of -Cycle Meter Reading Charge Applicable to requests to read Retail Customer's Meter outside Normal Business Hours. A. Outside Regular Hours - Non - Holiday $ 3.15 B. Outside Regular Hours — Holiday $ 26.90 DD11 PCB Inquiry and Testing Charge Applicable to requests for information pertaining to PCB levels and testing of Company- owned, mineral oil - filled electrical equipment, A. Initial Charge, includes up to four transformers or other oil - filled electrical equipment at a $170.30 specific location B. Additional Charge, for each additional transformer or other oil- filled electrical equipment at $ 26.45 a specific site C. Lab Testing Charge, if required As Calculated DD12 Priority Move -In (New Premise) Charge Applicable to requests to energize Retail Customer's connection to the Delivery System for the first time (New Premise) and such connection is made outside of Normal Business Hours. A. Self Contained Meter $147.85 B. Other Connections As Calculated DD13 Unmetered Facilities Connection/Disconnection Applicable to request to energize/de-energize service to unmetered points of delivery. A. Connection charge for the first device on a specific circuit $ 40.40 B. Connection charge for each additional device on that specific circuit $ 6.20 C. Disconnection charge for the first device on a specific circuit $ 35.55 D. Disconnection charge for each additional device on that specific circuit $ 6.20 127 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 3 Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: Revision: Fiv DD14 Off -Site Meter Reading (OMR) Equipment Installation — Outside Normal Business Hours Charge Applicable to requests for Companys standard OMR equipment designed to transmit Information via radio frequency to a hand -held meter reading device carried by a meter reader. This allows for the provision of a meter reading without visual contact with the meter. The Company maintains ownership of this equipment. This service Is limited to self - contained single phase meters. A. Outside Regular Hours — Non- Holiday $174.40 B. Outside Regular Hours — Holiday $206.50 DD15 Denial of Access Disconnection/Reconnection Charge Applicable each time Retail Customer is disconnected for Denial of Access and each time the Retail Customer is reconnected after Company and Retail Customer have made arrangements for access to Company facilities. A. Disconnection $ 35.55 B. Reconnection $ 40.40 DD16 Meter Investigation Charge $ 17.00 Applicable to requests for Investigation of a damaged meter when determined by Company no damage exists. In the case of actual meter damage, no charge will be assessed. DD17 Meter Non- Standard Programming Service Fee Applicable to requests to install non - standard meter programs on Meter. A. Programming Prior to Installation $ 24.25 B. Field Programming on Previously Installed Meter $ 58.50 DD18 Meter Communication Service Fee $114.70 Applicable to testing of 3 party communication equipment necessary to obtain interval data from Meter. This charge is assessed to Retail Customers that have interval data recorder meters that are not required by ERCOT. DD19 Electrical Pulse Equipment Installation/Replacement Charge Applicable to requests for the instal lation/replacement of electrical pulse device equipment. A. Installation Charge $542.60 B. Replacement Charges $276.40 1. Isolation relay $113.45 2. Pulse initiator $331.35 3. Isolation relay & pulse initiator $153.75 4. Enclosure box DD20 Electrical Pulse Equipment Maintenance Charge $ 10.00 Applicable to requests for the maintenance of electrical 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 Customer Premise Information Research Service Charge As Calculated Applicable to requests for or identification of, previously provided data related to Retail Customer. DD22 Power Factor Correction Equipment Installation Charge As Calculated Applicable to requests for the instailatlon of the equipment on Company's Delivery System necessary to correct the Retail Customer's power factor to the level specified in the Tariff. The Retail Customer will be given the opportunity to correct problem on Retail Customer's premises prior to Company taking this action. Failure of Retail Customerto correct its power factor problem constitutes a request for Company to install the necessary equipment as described above. DD23 Non - Standard Service Equipment Inspectionrresting Charge $ 82.50 Applicable to periodic inspectionResting of non- standard Delivery System equipment installed at the request of the Retail Customer. This charge is applied each month. DD24 Inadvertent Gain Charge $ 21.90 Applicable to Retail Electric Providers that have selected an incorrect premise from the ERGOT portal for a switch or move -in and Company is required to correct the inadvertent gain. 128 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 3 Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: Rev ision: Five DD25 Retail Delivery Service Switchover Charge Applicable to request to switch electric service of a consuming facility from Company to another utility that has the right to serve the consuming facility. Switchovers shall be handled pursuant to Substantive Rule §25.27, a copy of which will be provided upon request. Self Contained A. Base Charge $538.55 B. Base Charge Adder $156.85 Instrument Rated C. Base Charge $787.55 D. Base Charge Adder $343.40 E. Facilities Recovery Charge As Calculated DD26 Miscellaneous Discretionary Service Charge As Calculated Applicable to requests for discretionary services not covered bythe standard conditions above and are provided in accordance with Commission Substantive Rules and are charged on the basis of an estimate for the work or the Company's cost plus appropriate adders. DD27 Street Light Painting Service Charge As Calculated Applicable to requests to paint Company -owned street light poles and fixtures. DD28 Street Light and Other Pole Straightening Service Charge As Calculated Applicable to requests to straighten Company -owned street light poles and other Company -owned poles. DD29 Street Light Patrolling Service Charge As Calculated Applicable to requests from a governmental entity for Company to provide additional street light patrolling within a specific geographic area. DD30 Street Light Numbering Service Charge As Calculated Applicable to requests from a governmental entity for Company to number Company -owned lighting facilities. DD31 Street Light Circuit Bulb and Photocell Replacement Service Charge As Calculated Applicable to requests from a governmental entity for bulb and photocell replacement of an entire street light circuit on a predetermined schedule. DD32 Advanced Metering Pre -pay Customer ConnectfDisconnect Charge is made for $ 0.00 disconnection or reconnection of a pre -pay Retail Customer's distribution service at a premise where a provisioned AMS meter with remote disconnect/reconnect capability is installed and when the Competitive Retailer uses Oncor's prescribed process for disconnection/reconnection for a pre -paid customer with a provisioned AMS meter. DD33 Advanced Metering Time of Use Programming Charge is made for requests to program a $ 0.00 provisioned AMS meter to collect metered data in the manner necessary to bill under time of use profiles existing on August 8, 2008. DD34 Evaluation of Retail Electric Provider Requests for Non - Standard Advanced Meters, As Calculated Additional Metering Technology, or Advanced Features not Specifically Offered by Company Applicable to requests in accordance with Subst. Rule §25.130(g)(2)(C) for a study evaluating the costs of providing non - standard advanced meters, additional metering technology, or advanced features not specifically offered by Company. DD35 Cost Differential for Non - Standard Advanced Meters or Features Pursuant to Requests As Calculated Received Pursuant to DD34 Applicable to requests in accordance with Subst. Rule §25.130(g)(2)(A) and (B) for the differential costs of providing non - standard advanced meters, additional metering technology, or advanced features not specifically offered by Company that are in excess of the Company's standard advanced meters and features 129 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.1.2 Discretionary Charges Sheet: 4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Bate: Revision: Three 6.1.2.4 Distributed Generation DD36 Distributed Generation Pre - Interconnection Study Fee Applicable to requests for studies that may be required and conducted by Company for the Interconnection of distributed generation on the Company's delivery system. NON- EXPORTING A. 0 to 10 kW 1. Pre - certified, not on network $ 0.00 2. Not pre - certified, not on network $ 196.55 3. Pre - certified, on network $ 181.50' 4. Not pre - certified on network $ 302.50 B, 10+ to 500 kW 1. Pre - certified, not on network $ 166.40 " 2. Not pre - certified, not on network $ 287.40 3. Pre - certified, on network $ 862.15 ` 4. Not pre - certified on network $1,573.00 C. 500+ to 2000 kW 1. Pre- cert €f €ed, not on network $ 468.90 2. Not pre - certified, not on network $ 589.90 3. Pre - certified, on network $2,329.25 4. Not pre - certified on network $2,329.25 D. 2000+ kW 1. Pre - certified, not on network $ 786,50 2. Not pre - certified, not on network $ 907.50 3. Pre - certified, on network $2,737,65 4. Not pre - certified on network $3,327,50 EXPORTING A.0to10kW 1. Pre - certified, not on network $ 0.00 2. Not pre - certified, not on network $ 196.65 3. Pre-certified, on network $ 181.50 ' 4. Not pre - certified on network $ 302,50 B. 10+ to 500 kW 1. Pre - certified, not on network $ 166.40 *' 2. Not pre - certified, not on network $ 287.40 3. Pre - certified, on network $1,179.75 4. Not pre- certif €ed on network $1,724.25 C. 500+ to 2000 kW t. Pre - certified, not on network $ 468.90 2. Not pre- cedfied, not on network $ 589.90 3. Pre - certified, on network $3,009.90 4. Not pre- cedfied on network $3,130.90 D. 2000+ kW t. Pre - certified, not on network $ 786.50 2. Not pre - certified, not on network $ 907,50 3. Pre - certified, on network $3,327.50 4. Not pre - certified on network $3,4413.50 * 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 current. DD37 Distributed Renewable Generation Metering As Calculated Applicable to installation, upon request pursuant to Substantive Rule § 25.213 (b), by Retail Customer or Retail Customer's Competitive Retailer, of metering equipment that separately measures both the Customer's consumption from the distribution network and the out -flow that is delivered from the Customers side of the Meter to the distribution network . Equipment shall be installed within 30 days of receipt of request. 130 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific Rules & Regulations Sheet: I Applicable: Entire Certified Service Area Page I of 2 Effective Date: Revision: Three 6.2 Company - Specific Terms and Conditions 6,2.1 Definitions The following terms, when used In this Tariff for Retail Delivery Service, have the following definitions, 4CP. The 4 CP kW applicable under the Monthly Rate section shall be the average of the Retail Customer's Integrated 15 minute demands at the time of the monthly ERCOT system 15 minute peak demand for the months of June, July, August and September of the previous calendar year. The Retail Customer's average 4CP demand will be updated effective on January f of each calendar year and remain fixed throughout the calendar year. Retail Customers without previous history on which to determine their 4 CP kW will be billed at the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP kW. CONNECTED LOAD. The combined electrical requirement (i.e., the sum of the capacities and/or ratings) of all motors and other electric power consuming devices Installed on the Retail Customer's Premises. CONTRIBUTION IN AID OF CONSTRUCTION (C1AC). Payment by Customer to Company for facilities extensions, upgrades, or expansions In excess of allowable expenditures, or for nonstandard service facilities, removals or relocations, To the extent that the payment is considered taxable revenue to the Company, it shall include an amount equal to the Company's tax liability. The payment shall also Include an amount to recover franchise fees where applicable. DEMAND INTERVAL. The specified interval of time on which a demand measurement is based. The Company demand Interval is normally 15 minutes. DWELLING UNIT. An individually metered private residence or individually metered apartment containing kitchen and bathroom facilities. 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. INDIVIDUAL PRIVATE DWELLING. A fixed, permanent residential structure. This term includes a mobile home. This term does not include self- propelled and non -self propelled recreational vehicles that have no foundation other than wheels, lacks, or skirtings. MULTI- FAMILY DWELLING. A building or buildings containing three or more dwelling units all of which are rented primarily for nontransient use, with rent paid at Intervals of one week or longer. Multi - Family Dwelling includes residential condominiums, whether rented or owner occupied. METERING EQUIPMENT. Required auxiliary equipment that is owned by Company and used with the Billing Meter to accurately measure the amount of Electric Power and Energy delivered. METER SOCKET. A receptacle of weatherproof construction used for mounting a socket -type meter. NCP. The NCP kW applicable under the Monthly Rate section shall be the kW supplied during the 15 minute period of maximum use during the billing month. NETWORK SERVICE. A unique type of electrical service derived through one or more connections to an electrical bus or grid established by paralleling three or more primary and or secondary network circuits, providing an additional level of reliability due to the double contingency nature of the service. Electrical power networks must be designed and configured for that purpose and must be operated and maintained utilizing special methods. Company determines where Network Service will be provided, and Network Service Is only available in limited areas. POWER. The rate at which electric energy Is provided for doing work. The electrical unit of power is the watt, or kilowatt. RACEWAY. Tubular or rectangular channel or conduit for containing electrical conductors, which may be exposed, buried beneath the surface of the earth, or encased in a building or structure. SERVICE DROP. Overhead conductors that extend from Company's overhead Delivery System to the Point of Delivery where connection is made to Retail Customer's electrical Installation. SERVICE ENTRANCE CONDUCTORS. Conductors provided by Retail Customer extending from Retail Customer's electrical equipment to the point of delivery where connection is made. SERVICE ENTRANCE ENCLOSURE. A connection enclosure used for the purpose of connecting the Service Lateral to Retail Customer's electrical installation. SERVICE LATERAL. Conductors, usually underground but sometimes in raceway above ground, that extend from Company's Delivery System to the Point of Delivery or from Retail Customer's electrical installation to the Point of Delivery. SUITABLE SPACE. The required amount of cleared space and access, after vegetation and other obstructions have been removed, in order to install, operate, and maintain Company facilities. 131 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6,2 Company Specific Rules & Regulations Sheet: 1 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: Revision: Three TEMPORARY DELIVERY SERVICE. Delivery Service provided to Retail Customer for a single, continuous period of time which is less than twelve consecutive months except that Delivery Service In connection with the delivery of construction power, even though provided for a continuous period of time in excess of twelve months, Is considered to be temporary Delivery Service. WATT. The rate at which electric power Is provided to do work. One watt is the power represented by current having a component of one ampere in phase with and under pressure of one volt. WATT -HOUR. A unit of work or energy equivalent to the power of one watt operating for an hour. 132 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific Rules & Regulations Sheet: 2 Applicable: Entire Certified Service Area Page i of 1 Effective Date: September 17, 2009 Revision: One 6.2.2 Standard Voltages Company provides Delivery Service at Company's standard voltages In accordance with Company's Facilities Extension Policy, and not all standard voltages are available at every location. If Retail Customer requests a voltage that is non- standard or not available for a specific load or location, such voltage may be provided by Company at the expense of the requesting party. Single Phase Three Phase 120 120/208 120/240 120/240 (overhead only) 240 240 240/480 240/480 (overhead only) 277/480 480 480 2400 2400 2400/4160 4160 7200 7200/12470 7620 7620/13200 12470 (overhead only) 12470 12470121600 13200 14400 19920 (overhead only) 14400124940 19920/34500 34500 69000 138000 345000 Retail Customer should obtain from Company the phase and voltage of the service available before committing to the purchase of motors or other equipment. Secondary voltage is any one of the Company's standard service voltages at which Retail Customer takes Delivery of Electric Power and Energy after two or more Company transformations (other than by use of autotransformers) from a transmission voltage. Primary voltage is any one of the Company's standard service voltages at which Retail Customer takes Delivery of Electric Power and Energy after one Company transformation (other than by use of autotransformers) from a transmission voltage. Transmission voltage Is any one of the Company's standard voltages in excess of 60,000 volts at which Retail Customer takes Delivery of Electric Power and Energy. 133 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific Rules & Regulations Sheet: 3 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: Revision: l=our 6.2.3 Additional Delivery Service Information 6.2.3.1 Method of Providing Delivery Service 6.2.3.1.1 Multi - Family Dwellings Company provides Delivery Service through an individual Meter to each Dwelling Unit or through one Meter at each Point of Delivery for any number of Dwelling Units in the same Multi - Family Dwelling. Where Delivery Service is provided using individual metering for each Dwelling Unit, Retail Customer shall provide and identify Meter Sockets in a manner and at locations suitable to Company. 6.2.3.1.2 Non - Residential Multi- Tenant Buildings Company provides Delivery Service through an individual Meter to each Individual tenant space or through one Meter at each Point of Delivery for any number of individual tenant spaces In the same multi- tenant building. Retail Customer shall provide a means, acceptable to Company, to electrically disconnect each individual tenant space and provide and identify Meter Sockets in a manner and at locations suitable to Company. 6.2.3.1.3 Mixed Use Facilities For a location that contains Mufti - Family Dwellings and non- residential tenants, Company provides Delivery Service to each Multi- Family Dwelling pursuant to Section 6.2.3.1.1 and provides Delivery Service to non - residential tenants pursuant to Section 6.2.3.1.2. 6.2.3.1.4 Mobile Homes Company provides Delivery Service through an individual Meter for individual mobile homes. For a mobile home park, Retail Customer shall group and identify Meter Sockets for individual mobile homes in a manner and at locations suitable to Company. 6.2.3.1.5 Delivery Service Provided Through Facilities Owned by Others Company has the option to provide Delivery Service to a new Retail Customer through Delivery System facilities owned by an existing Retail Customer, with the consent of the existing Retail Customer. In such cases, the metered electrical usage registered on the existing Meter Is reduced by an appropriate amount to recognize the metered electrical usage of the new Retail Customer. Under this method of service, the new Retail Customer, the existing Retail Customer and Company shall complete a Subtract Meter Agreement setting forth the responsibilities of each party. 6.2.3.2 Measurement Adjustment If Company meters service on the low side of Retail Customer's transformers for service taken at primary or transmission voltage, the following adjustments are made to kWh/kW and powerfactor measurements in accordance with Section 4.7.1, MEASUREMENTS, unless indicated otherwise in the applicable rate schedule. Notwithstanding the previous paragraph, for a Retail Customer receiving service at transmisslon voltage and metered by Company on the low side of the Retail Customer's transformer, Company will apply a separate transformer - specific adjustment factor for kW/kWh and power factor provided by Retail Customer, verified by a qualified third -party and approved by Company. Primary Distribution Voltage Transmission Voltage Billing Based on kW Billing based on kWh Under 50 kW 50 kW and Over 2.0% added to measured kW and kWh 1.0% added to measured kW and kWh 2.0% added to measured kWh 0.5% added to measured kW and kWh If Company, for reasons of economics or safety, chooses to meter on the high side of the Company -owned transformer, the adjustment factors above shall be used to decrease the kWh and kW. For all customers metered on the high side of the Company -owned transformer, Company will increase the Customer's metered power factor by 3 %. In addition, Company may, at its option, install a meter capable of performing transformer loss compensation In lieu of the provisions above. For all customers metered on the low side of the Retail Customer's transformer, Company will subtract 3% from the Customer's metered power factor. 6.2.3.3 Attachments to Company's Facilities Company does not permit any attachments (such as wires, ropes, signs, banners, or radio equipment) to Company facilities by others except when authorized In writing by Company. Company may without notice and without liability remove unauthorized attachments to Company facilities. 134 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.2 Company Specific Rules & Regulations Sheet: 4 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: September 17,_2009 _ Revision: Two 6.2.4 Additional Discretionary Service Information 6.2.4.1 Responsibilities for Discretionary Services In connection with the Delivery of Electric Power and Energy to a Competitive Reta €lens Retail Customers, the Competitive Retailer or Retail Customer, as applicable, shall pay for Discretionary Services provided to a particular Point of Delivery pursuant to Section 4.4, BILLING AND REMITTANCE. The following Discretionary Services may require a separate service agreement between Company and Competitive Retailer or between Company and Retail Customer prior to the provision of service- DISCRETIONARY SERVICE CHARGE APPLICABLE SERVICE AGREEMENT SD4 Customer Requested Clearance Discretionary Service Agreement DD1 Delivery System Facilities Relocation /Removal Study Discretionary Service Agreement DD2 Delivery System Facilities Relocation /Removal Discretionary Service Agreement DD3 Competitive Meter Removal /installation Service Agreement for Meter Ownership and /or Access DD4 Competitive Meter Physical Access Equipment Installation Service Discretionary Service Agreement DD6 Delivery System Facilities Installation Facility Extension Agreement DD7 Additional Service Design Discretionary Service Agreement DD8 Temporary Facilities Facility Extension Agreement or Discretionary Service Agreement DD11 PCB Inquiry and Testing Discretionary Service Agreement DD17 Meter Non - Standard Programming Service Discretionary Service Agreement DD18 Meter Communication Service Discretionary Service Agreement DD19 Electrical Pulse Equipment Installation /Replacement Agreement and Terms and Conditions for Pulse Metering Equipment Installation DD20 Electrical Pulse Equipment Maintenance Agreement and Terms and Conditions for Pulse Metering Equipment Installation DD27 Street Light Painting Service Discretionary Service Agreement DD28 Street Light and Other Pole Straightening Service Discretionary Service Agreement DD29 Street Light Patrolling Service Discretionary Service Agreement DD30 Street Light Numbering Service Discretionary Service Agreement DD31 Street Light Circuit Bulb and Photocell Replacement Service Discretionary Service Agreement 6.2.4.2 Invoicing and Payment for Discretionary Services Charges for the Discretionary Services outlined above will be invoiced by Company in the manner specified In the applicable service agreement, Unless alternative arrangements are made, payment in full must be received by Company prior to the provision of the requested service. 135 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 1 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Two 6.3 Agreements and Forms 6.3,1 Facilities Extension Agreement Project Number WR Number RegiordDistrict This Agreement is made between , hereinafter called "Customer" and a Delaware limited liability company, hereinafter called "Company" for the extension of Company Delivery System facilities, as hereinafter described, to the following location The Company has received a request for the extension of (check all that apply) ❑ STANDARD DELIVERY SYSTEM FACILITIES To NON - RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve Customer's estimated maximum demand requirement of kW ("Contract kW"). The Delivery System facilities installed hereunder will be of the character commonly described as volt, phase, at 60 hertz, with reasonable variation to be allowed. ❑ STANDARD DELIVERY SYSTEM FACILITIES TO RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve: All- electric residential lot(s)lapartment units, or (Number aTlot4onit5) Electric and gas residential lot(s)/apartment units. (Number of IoWun0s) The Delivery System facilities installed hereunder will be of the character commonly described as volt, phase, at 60 hertz, with reasonable variation to be allowed. ❑ NON STANDARD DELIVERY SYSTEM FACILITIES Company shall extendlinsta[I the following non - standard facilities: ARTICLE I - PAYMENT BY CUSTOMER At the time of acceptance of this Agreement by Customer, Customer will pay to Company Dollars ($ ) as payment for the Customers portion of the cost of the extension of Company facilities, in accordance with Company's Facilities Extension Policy, such payment to be and remain the property of the Company. ARTICLE 11 - NON - UTILIZATION CLAUSE FOR STANDARD DELIVERY SYSTEM FACILITIES This Article 11 applies only to the installation of standard Delivery System facilities. a. The amount of Contribution in Aid of Construction ( "CIAC ") to be paid by Customer under Article I above is calculated based on the estimated data (i.e., Contract kW or number and type of lotsfunits) supplied by Customer and specified above. Company will conduct a review of the actual load or number and type of lots/units at the designated location to determine the accuracy of the estimated data supplied by Customer. If, within four (4) years after Company completes the extension of Delivery System facilities, the estimated load as measured by actual maximum kW billing demand at said location has not materialized or the estimated number and type of dwelling unitst[ots at said location have not been substantially completed, Company will re- calculate the CIAC based on actual maximum kW billing demand realized or the number and type of substantially completed dwelling units /lots. For purposes of this Agreement, a dwelling unitllot shall be deemed substantially completed upon the installation of a meter. The installation of a meter in connection with Temporary Delivery Service does not constitute substantial completion. b. Customer will pay to Company a "non- utilization charge" in an amount equal to the difference between the re- calculated CIAC amount and the amount paid by Customer under Article I, above. Company's invoice to Customer for such 'non-utilization charge' is due and payable within fifteen (15) days after the date of the invoice. 136 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 1 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Two ARTICLE III -TITLE AND OWNERSHIP Company at all times shall have title to and complete ownership and control over the Delivery System facilities extended under this Agreement. ARTICLE IV - GENERAL CONDITIONS Delivery service is not provided under this Agreement. However, Customer understands that, as a result of the installation provided for in this Agreement, the Delivery of Electric Power and Energy by Company to the specified location will be provided in accordance with Rate Schedule , which may from time to time be amended or succeeded. This Agreement supersedes all previous agreements or representations, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives. ARTICLE V - OTHER SPECIAL CONDITIONS ACCEPTED BY COMPANY: ACCEPTED BY CUSTOMER: Signature Title Date Signed Signature Title Date Signed 137 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 2 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.2 Transmission /Substation Facility Extension Agreement This Agreement is made between , hereinafter called "Customer' and hereinafter called "Company" for the extension of Company Delivery System transmission/substation facilities, as hereinafter described. As used herein, the term "extension" shall mean the construction of new facilities or modification of existing facilities. Customer has requested that Company construct the following Company -owned Delivery System facilities: ( "Company Facilities) to serve the following Customer -owned facilities located at ( "Customer Facilities "): ARTICLE I - PAYMENT BY CUSTOMER 1. As payment for Customer's portion of the cost of the extension of the Company Facilities in accordance with this Agreement, Customer will pay to Company the amount(s) shown below, such payment(s) to be and remain the property of the Company. 2. If the Customer Facilities have not achieved the level of operation specified below by the date specified below, then Customer shall pay to Company those costs as described below to compensate Company for costs it has incurred associated with the Company Facilities. The following will also address any security required associated with such payment obligation. 3. Upon termination pursuant to the provisions of Article III, Paragraph 2 below, Customer shall pay to Company all of: (a) the costs that Company has incurred prior to the date of termination for engineering, procuring equipment and materials, construction, and any other costs related to the Company Facilities; (b) the costs that Company has committed to incur prior to the date of termination that it is unable to avoid using commercially reasonable steps; and (c) such costs incurred by Company after the date of termination to return the Delivery System to a condition consistent with Company's construction standards and Company's Tariff for Retail Delivery Service. Any cost obligations incurred by Customer under this paragraph will be reduced by any payments made by Customer under Paragraph t above. The provisions of this paragraph shall survive termination of this Agreement. 4. In calculating the costs Company has incurred (or committed to be incurred), such costs shall include the normal loadings Company applies to construction projects of this nature and shall be increased by an adder to cover the effects of a Customer payment on the Company's tax liability and shall include an amount to recover franchise fees where applicable. Company at all times shall have title to and complete ownership and control over the Company Facilities extended under this Agreement. ARTICLE III - TERM AND TERMINATION 1. This Agreement becomes effective on the date of execution by both parties and may be executed in two or more counterparts, each of which is deemed an original, but all constitute one and the same instrument. 2. Customer may terminate this Agreement at any time prior to completion of the Company Facilities by providing Company with seven (7) days advanced written notice. ARTICLE IV - GENERAL CONDITIONS 1. Customer understands that, as a result of the installation provided for in this Agreement, the Delivery of Electric Power and Energy by Company to the specified location will be provided in accordance with Rate Schedule which may from time to time be amended or succeeded. 2. This Agreement supersedes all previous agreements or representations, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives. 3. The services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ( "PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ( "Company's Retail Delivery 138 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet 2 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Oriainal 4. Tariff). Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 5. This Agreement may be amended only upon mutual agreement of the parties, which amendment will not be effective until reduced to writing and executed by the parties. Changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 6. The failure of a party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the parties. 7. Customer may not assign the Agreement without Company's prior written consent. B. This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. ARTICLE V - OTHER SPECIAL CONDITIONS ACCEPTED BY COMPANY: ACCEPTED BY CUSTOMER: Signature Name Title Date Signed Signature Name Title Date Signed 139 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 3 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date; Revision: Two 6.3.3 Application for Interconnection and Parallel Operation of Distributed Generation with the Utility System Return Completed Application to: Oncor Electric Delivery Company LLC Attention: Distributed Resource Specialist 1616 Woodall Rodgers Fwy Dallas, TX 75202 -1234 Customer's Name: Mailing Address: Contact Person: Telephone Number and email address:_ Service Point Address: Information Prepared and Submitted By: (Name and Address) Signature The following information shall be supplied by the Customer or Customer's designated representative. All applicable items must be accurately completed in order that the Customer's generating facilities may be effectively evaluated by Company for interconnection with the utility system, GENERATOR Number of Units: Manufacturer: Type (Synchronous, Induction, or Inverter): Fuel Source Type (Solar, Natural Gas, Wind, etc.): Kilowatt Rating (95 F at location) Kilovolt- Ampere Rating (95 F at location): Power Factor: Voltage Rating: _ Ampere Rating: _ Number of Phases: Frequency: Do you plan to export power: Yes No If Yes, maximum amount expected: Pre - Certification Label or Type Number Expected Energizing and Start-up Date: Normal Operation of Interconnection: (examples:, provide power to meet base load, demand management, standby, back -up, other (please describe)) One -line diagram attached: Yes Has the generator Manufacturer supplied its dynamic modeling values to the Host Utility? Yes [Note: Requires a Yes for complete application. For Pre - Certified Equipment answer is Yes.] 140 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6,3 Agreements and Forms Sheet: 3 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: Revision: Two Layout sketch showing lockable, 'visible" disconnect device: Yes Authorized Release of Information List By signing this Application in the space provided below, Customer authorizes Oncor to release Customer's proprietary information to the following persons: Name Phone Number E -Mail Address Owner! Customer Project Manager Electrical Contractor Consultant If Customer does not sign this Application, then Customer must authorize Oncor to release Customer's proprietary information to consultant or contractor. For residential Customers, that authorization may be provided in an e-mail communication or in hard copy. For commercial Customers, that authorization must be made on the Customer's business letterhead. [CUSTOMER NAME] BY: 111r1114=1 DATE: 141 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 1 of 5 Effective Date: September 17, 2009 Revision: Original 6.3.4 Agreement for Interconnection and Parallel Operation of Distributed Generation This Interconnection Agreement (`Agreement ") is made and entered into this day of , 20_, by ( "Company"), and ( "Customer"), a [specify whether corporation, and if so name state, municipal corporation, cooperative corporation, or other], each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties ". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Scope of Agreement — This Agreement is applicable to conditions under which the Company and the Customer agree that one or more generating facility or facilities of ten MW or less to be interconnected at 60 kV or less ( "Facility or Facilities ") may be interconnected to the Company's utility system, as described in Exhibit A. 2. Establishment of Point(s) of Interconnection — Company and Customer agree to interconnect their Facility or Facilities at the locations specified in this Agreement, in accordance with Public Utility Commission of Texas Substantive Rules § 25211 relating to Interconnection of Distributed Generation and § 25.212 relating to Technical requirements for Interconnection and Parallel Operation of On -Site Distributed Generation, (16 Texas Administrative Code §25.211 and §25.212) (the "Rules ") or any successor rule addressing distributed generation and as described in the attached Exhibit A (the "Point(s) of Interconnection "). 3. Responsibilities of Company and Customer — Each Party will, at its own cost and expense, operate, maintain, repair, and inspect, and shall be fully responsible for, Facility or Facilities which it now or hereafter may own unless otherwise specified on Exhibit A. Customer shall conduct operations of its facility(s) in compliance with all aspects of the Rules, and Company shall conduct operations on its utility system in compliance with all aspects of the Rules, or as further described and mutually agreed to in the applicable Facility Schedule. Maintenance of Facilities or interconnection facilities shall be performed in accordance with the applicable manufacturer's recommended maintenance schedule. The Parties agree to cause their Facilities or systems to be constructed in accordance with specifications equal to or greater than those provided by the National Electrical Safety Code, approved by the American National Standards Institute, in effect at the time of construction. Each Party covenants and agrees to design, install, maintain, and operate, or cause the design, installation, maintenance, and operation of, its distribution system and related Facilities and Units so as to reasonably minimize the likelihood of a disturbance, originating in the system of one Party, affecting or impairing the system of the other Party, or other systems with which a Party is interconnected. Company will notify Customer if there is evidence that the Facility operation causes disruption or deterioration of service to other customers served from the same grid or if the Facility operation causes damage to Company's system. Customer will notify Company of any emergency or hazardous condition or occurrence with the Customer's Unit(s) which could affect safe operation of the system. 4. Limitation of Liability and Indemnification a. Notwithstanding any otherprovision in this Agreement, with respect to Company s provision of electric service to Customer, Company's liability to Customer shall be limited as set forth in Section 5.2.1 of Company's PUC- approved tariffs and terms and conditions for distribution service, which is incorporated herein by reference. b. Neither Company nor Customer shall be liable to the other for damages for any act that is beyond such party's control, including any event that is a result of an act of God, labor disturbance, act of the public enemy, war, insurrection, riot fire, storm or flood, explosion, breakage or accident to machinery or equipment a curtailment, order, or regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, or by the making of necessary repairs upon the property or equipment of either party. Notwithstanding Paragraph 4.b of this Agreement Company shall assume all liability for and shall Indemnify Customer for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Company's negligence In connection with the design, construction, or operation of its facilities as described on Exhibit A; provided, however, that Company shall have no obligation to indemnify Customer for claims brought by claimants who cannot recover directly from Company. Such indemnity shall include, but is not limited to, financial responsibility for. (a) Customer's monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Customer, (e) damages to the property of a third person; (t) damages for the disruption of the business of a third person. In no event shall Company be liable for consequential, special, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Company does not assume liability for any costs for damages arising from the disruption of the business of the Customer or for the Customer's costs and expenses of prosecuting or defending an action or claim against the Company. This paragraph does not create a liability on the part of the Company to the Customer or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases ofgross negligence or intentional wrongdoing. 142 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 2 of 5 Effective Date: September 17, 2009 Revision: Original d. Notwithstanding Paragraph 4.b of this Agreement, Customer shall assume all liability for and shalt indemnify Company for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Customer's negligence in connection with the design, construction or operation of its facilities as described on Exhibit A; provided, however, that Customer shall have no obligation to indemnify Company for claims brought by claimants who cannot recover directly from Customer. Such indemnity shall Include, but is not limited to, financial responsibility for. (a) Company's monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person, (c) damages related to the death or injury of a third person; (do damages to the property of Company; (e) damages to the property of a third person; (t) damages for the disruption of the business of a third person. In no event shall Customer be liable for consequential, special, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Customer does not assume liability for any costs for damages arising from the disruption of the business of the Company or for the Company's costs and expenses of prosecuting or defending an action or claim against the Customer. This paragraph does not create a liability on the part of the Customer to the Company or third person, but requires indemnlrication where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing. e. Company and Customer shall each be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point of delivery. The Company does not assume any duty of inspecting the Customer's lines, wires, switches, or other equipment and will not be responsible therefor. Customer assumes all responsibility for the electric service supplied hereunder and the facilities used in connection therewith at or beyond the point of delivery, the point of delivery being the point where the electric energy first leaves the wire or facilities provided and owned by Company and enters the wire or facilities provided by Customer. F. For the mutual protection of the Customer and the Company, only with Company prior authorization are the connections between the Company's service wires and the CustomeYs service entrance conductors to be energized. 5_ Right of Access, Equipment Installation, Removal & Inspection— Upon reasonable notice, the Company may send a qualified person to the premises of the Customer at or immediately before the time the Facility first produces energy to inspect the interconnection, and observe the Facility's commissioning (including any testing), startup, and operation for a period of up to no more than three days after initial startup of the unit. Following the initial inspection process described above, at reasonable hours, and upon reasonable notice, or at any time without notice in the event of an emergency or hazardous condition, Company shall have access to Customer's premises for any reasonable purpose in connection with the performance of the obligations imposed on it by this Agreement or if necessary to meet its legal obligation to provide service to its customers. 6. Disconnection of Unit — Customer retains the option to disconnect from Company s utility system. Customer will notify the Company of its intent to disconnect by giving the Company at least thirty days' prior written notice. Such disconnection shall not be a termination of the agreement unless Customer exercises rights under Section 7. Customer shall disconnect Facility from Company's system upon the effective date of any termination under Section 7. Subject to Commission Rule, for routine maintenance and repairs on Company's utility system, Company shall provide Customer with seven business days' notice of service interruption. Company shall have the right to suspend service in cases where continuance of service to Customer will endanger persons or property. During the forced outage of the Company's utility system serving customer, Company shall have the right to suspend service to effect immediate repairs on Company's utility system, but the Company shall use its best efforts to provide the Customer with reasonable prior notice. 7. Effective Term and Termination Rights— This Agreement becomes effective when executed by both parties and shall continue in effect until terminated. The agreement may be terminated for the following reasons: (a) Customer may terminate this Agreement at any time, by giving the Company sixty days' written notice; (b) Company may terminate upon failure by the Customer to generate energy from the Facility in parallel with the Company's system within twelve months after completion of the interconnection; (c) either party may terminate by giving the other party at least sixty days prior written notice that the other Party is in default of any of the material terms and conditions of the Agreement, so long as the notice specifies the basis for termination and there is reasonable opportunity to cure the default; or (d) Company may terminate by giving Customer at least sixty days notice in the event that there is a material change in an applicable rule or statute. 8. Governing Law and Regulatory Authority — This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to, and the parties' obligations hereunder include, operating in full compliance with all valid, applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, orders of, and tariffs approved by, duly constituted regulatory authorities having jurisdiction. 9. Amendment —This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. 143 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 3 of 5 Effective Date: September 17, 2009 Revision: Original 10. Entirety of Agreement and Prior Agreements Superseded — This Agreement, including all attached Exhibits and Facility Schedules, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the interconnection of the facilities of the Parties at the Points of Interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation [specify any prior agreements being superseded], and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 11. Notices — Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: (b) If to Customer. The above - listed names, titles, and addresses of either Party may be changed by written notification to the other, notwithstanding Section 10. 12. Invoicing and Payment — Invoicing and payment terms for services associated with this agreement shall be consistent with applicable Substantive Rules of the PUCT. 13. No Third -Party Beneficiaries — This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and, where permitted, their assigns. 14. No Waiver —The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 15. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 16. Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. [Company Name] [CUSTOMER NAME] BY: BY: TITLE: DATE: DATE: 144 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 4 of 5 Effective Date: Seetember 97, 2009 Revision: Original EXHIBIT A LIST OF FACILITY SCHEDULES AND POINTS OF INTERCONNECTION Facility Schedule No. Name of Point of Interconnection [Insert Facility Schedule number and name for each Point of Interconnection] 145 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 4 Applicable: Entire Certified Service Area Page 5 of 6 Effective Date: September 17, 2009 Revision: Original FACILITY SCHEDULE NO. [The following information is to be specified for each Point of Interconnection, if applicable.] 1. Name 2. Facility location 3. Delivery voltage 4. Meterinctivoltacre, location, losses adjustment due to metering location, and other) 5. Normal Operation of Interconnection: 6. One line diagram attached (check one) Yes I No 7. Facilities to be furnished by Company: B. Facilities to be furnished by Customer. 9. Cost Responsibility: 10. Control area interchange point (check one): Yes I No 11. SuRplemental terms and cond Rio (check one) Yes 1 No [Company Name] BY: TITLE: DATE: [CUSTOMER NAME] BY: TITLE: DATE: 146 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 5 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.5 Discretionary Service Agreement This Discretionary Service Agreement ( "Agreement ") is made and entered into this _ day of , 20,_,, by ( "Company "), a Delaware limited liability company and distribution utility, and ( "Customer'), a [specify whether individual or corporation, and if corporation name state, municipal corporation, cooperative corporation, or other], each hereinafter sometimes referred to individually as "Party or both referred to collectively as the "Parties ". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided — Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. [Specify below or in an attached exhibit the discretionary service(s) to be provided, the applicable rate schedule(s), the location at which discretionary service(s) will be provided, and any supplemental terms and conditions applicable to such service(s).] 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ( "PUCT ") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ( "Company's Retail Delivery Tariff'). During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges -- Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. Term and Termination — This Agreement becomes effective and continues in effect until Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority — This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7. Amendment - -This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. B. Entirety of Agreement and Prior Agreements Superseded — This Agreement, including all attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation [specify any prior agreements being superseded], and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices — Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: 147 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 5 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Original (b) If to Customer. The above - listed names, titles, and addresses of either Party may be changed by written notification to the other. 10. Invoicing and Payment — Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice period. 11. No Wainer — The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes — All present or future federal, slate, municipal, or other lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14. Multiple Counterparts — This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions — IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. [COMPANY NAME] [CUSTOMER NAME] BY: BY: TITLE: DATE: DATE: 148 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 6 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: Revision: Two 6.3.6 Easement and Right of Way (Form 50.2000) EASEMENT AND RIGHT OF WAY TRACT THE STATE OF TEXAS �Z•I�P.�i`(•T KNOW ALL MEN BY THESE PRESENTS: That, ' hereinafter called "Grantor," whether one or more, for and in consideration of Ten and no /100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Dallas, Texas 75202, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of -way for electric power and communications lines, each consisting of variable number of wires and cables, and all necessary or desirable appurtenances including supporting structures, guy wires and guy anchorages over, under, across and upon all that certain tract(s) of land located in County, Texas, more particularly described in Exhibit(s) — (and -), attached hereto and made part hereof. Together with the right of ingress and egress over and along the easement and right -of -way and over Grantors adjacent lands to or from the easement and right -of -way, for the purpose of and with the right to construct, operate, improve, reconstruct, repair, inspect, patrol, maintain and remove such electric power and communications lines as the Grantee may from time to time find necessary, convenient or desirable to erect thereon, the right to install gates in all existing and future fences crossing the easement and right -of -way, provided such gates will be installed in a manner that will not weaken such fences, the right to relocate its facilities along the same general direction of said lines, the right to trim and cut down trees and shrubbery on the easement and right -of -way, including by use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, to the extent, in the sole judgment of the Grantee, necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto, and the right to remove at Grantor's expense or to prevent the construction on the easement and right -of -way of any or all buildings, structures and obstructions. Grantor shall not make or cause any changes in grade, elevation, or contour of the land (except those associated with normal agricultural activities) within the easement and right -of -way described herein without first providing advance notice and obtaining prior written consent to do so from Grantee. If written consent is not obtained prior to any action by Grantor that causes any changes in grade, elevation, or contour of the land within the easement and right -of -way, Grantor shall, upon demand from Grantee, at Grantor's expense, restore the easement and right -of -way to its previously existing condition, or reimburse Grantee fully for the cost of adjusting its facilities as necessary to accommodate the change in grade, elevation, or contour of the land within the easement and right-of-way in the event Grantor fails to promptly restore the grade, elevation, or contour to its previously existing condition. Grantor shall not perform any excavations, trenching, or other soil disturbing activities (except those associated with normal agricultural activities) that, in the sole judgment of Grantee, will endanger the integrity of the supporting structures and/or foundations, as applicable, or perform any other activities that may, in the sole judgment of Grantee, remove, reduce, or adversely affect or impact the lateral support of the supporting structures and/or foundations, as applicable, without first providing advance notice and obtaining prior written consent to do so from Grantee. If prior written consent is not obtained by Grantor prior to performing any excavation, trenching or other soil disturbing activity that endangers the integrity of the supporting structures or foundations, as applicable, Grantor shall, upon demand from Grantee, at Grantor's expense, restore the easement and right -of -way to its previously existing condition, or reimburse Grantee fully for the cost of adjusting its facilities as necessary to accommodate the excavation, trenching, or soil disturbing activity in the event Grantor fails to promptly restore the easement and right -of -way to its previously existing condition or cannot do so. Grantor reserves the right to use the easement and right of way area provided such use shall not include the growing of trees thereon or any other use that might, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted, Grantor further reserves the right to lay out, dedicate, construct, maintain and use across said strip such roads, streets, alleys, railroad tracks, underground telephone cables and conduits and gas, water and sewer pipe lines as will not interfere with Grantee's use of said land for the purpose aforesaid, provided all such facilities shall be located at angles of not less than 45 degrees to any of Grantee's lines, and shall be so constructed as to provide with respect to Grantee's wires and other facilities the minimum clearances provided by law and recognized as standard in the electrical industry. Grantor also reserves the right to erect fences not more than S feet high across said land, provided all such fences shall have gates, openings, or removable sections at least 12 feet wide which will permit Grantee reasonable access to all parts of said land. In addition to the consideration above recited for the easement and right -of -way hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant, as they may be respectively entitled for actual damages to fences and growing crops and improvements located on the easement and right -of -way caused by reason of the construction, maintenance or removal of said lines; provided, however, that no such payment will be made for trimming or removal of trees hereafter permitted to grow on the easement and right -of -way, nor for removal of buildings, structures, or obstructions erected upon the easement and right -of -way after granting of this easement and right -of -way. 149 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 6 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: Revision: Two TO HAVE AND TO HOLD the above described easement and right -of -way unto the said Grantee, its successors and assigns, until all of said lines and facilities shall be abandoned, and in that event said easement and right -of -way shall cease and al[ rights herein granted shall terminate and revert to Grantor or Grantors heirs, successors or assigns; and Grantor hereby binds Grantor and Grantor's heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right -of -way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This easement may be assigned in whole or in part. EXECUTED this day of , A.D. 244 . By: Name: Title: 150 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 7 Applicable: Entire Certified Service Area Page I of I Effective Date: Revision: Two 6.3.7 Easement and Right of Way (Form 50.2100) AERIAL EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: Th at of hereinafter called "Grantor," whether one or more, for and in consideration of Ten and no /100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Dallas, Texas 75202, hereinafter referred to as "Grantee ", and has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, their successors and assigns, an aerial easement and right -of -way for overhead electric power and communications lines, each consisting of a variable number of wires and cables over and across all that certain tract(s) of land located in County, Texas, more particularly described as follows: SEE EXHIBITS "A" AND "13" ATTACHED Grantor recognizes that the general course of said lines or the metes and bounds description as above described is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of -way and its general dimensions hereby granted shall apply to the actual location of said overhead lines when constructed. Together with the right of ingress and egress over and along the easement and right -of -way and over Grantors adjacent lands to or from the easement and right -of -way, for the purpose of and with the right to construct, operate, improve, reconstruct, repair, inspect, patrol, maintain and remove such overhead electric power and communications lines as the Grantee may from time to time find necessary, convenient or desirable, the right to install gates in all existing and future fences crossing the easement and right -of -way, provided such gates will be installed in a manner that will not weaken such fences, the right to relocate its facilities along the same general direction of said lines, the right to relocate said lines in the same relative position to any adjacent road if and as such road is widened in the future, the right to trim and cut down trees and shrubbery on the easement and right -of -way and Grantor's land adjacent thereto, to the extent, in the sole judgment of the Grantee, necessary to prevent possible interference with the operation of said overhead lines or to remove possible hazard thereto, and the right to remove or prevent the construction on the easement and right -of -way of any or all buildings, structures and obstructions. It is understood, however, that Grantee shall have no right to erect any structures upon the above described easement but may overhang such easement with structures located on property adjacent to Grantor's property. Grantor reserves the right to use the easement and right -of -way, provided such use shall not include the growing of trees thereon or any other use that may, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted to it. In addition to the consideration above recited for the easement and right -of -way hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant, as they may be respectively entitled for actual damages to fences and growing crops and improvements located on the easement and right -of -way caused by reason of the construction, maintenance or removal of said lines; provided, however, that no such payment will be made for trimming or removal of trees hereafter permitted to grow on the easement and right -of -way, nor for removal of buildings, structures, or obstructions erected upon the easement and right -of -way after granting of this aerial easement and right -of -way. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right -of way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described aerial easement and right -of -way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , A.D.20_. By; Name: Title: IFS Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 8 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: Revision: Two 6.3.8 Easement and Right of Way (Form 50.3200) EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That , hereinafter called "Grantor," whether one or more, for and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Texas, 75202, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, their successors and assigns, an easement and right -of -way for overhead andlor underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits, and all necessary or desirable appurtenances over, under, through, across, and upon Grantor's land described as follows: SEE EXHIBITS "A° AND "B° ATTACHED Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances, and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event sold easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and Grantor hereby binds Grantor and Grantor's heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right -of -way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , 200— By: Name: Title: 152 Tariff for Retail Delivery Service Oncor Electric Delivery Company F_F_C 6.3 Agreements and Forms Sheet: 9 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: Revision: Two 6.3.9 Easement and Right of Way (Form 50.3400) EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of , hereinafter called "Grantor," whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Texas 75202, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of -way for underground electric supply and communications lines, consisting of a variable number of wires and cables, surface mounted equipment, conduits, manholes, vaults, transformers, switches, protection, sectionalizing devices and all necessary or desirable appurtenances over, under, across and upon Grantor's land described as follows: SEE EXHIBITS "A" AND "B" ATTACHED Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of -way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, remove and reconstruct said lines; the right to relocate along the same general direction of said lines; the right to relocate said lines in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said lines; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said lines and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said lines or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgement of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And 1 do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of 20� By: Name: Title: 153 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 10 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: Revision: Two 6.3.10 Easement and Right of Way (Form 50.3500) EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of hereinafter called "Grantor," whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Texas 75202, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of -way for guying facilities consisting of a variable number of guy wires, guy anchors, and all necessary or desirable appurtenances over, across and upon Grantor's land described as follows: SEE EXHIBITS "A" AND "B" ATTACHED Grantor recognizes that the general course of said guying facilities, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of -way and its general dimensions hereby granted shall apply to the actual location of said guying facilities when constructed. Together with the right of ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, reconstruct, maintain, operate or remove said guying facilities; the right to prevent excavation within the easement; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said guying facilities and the right to trim or cut down trees or shrubbery within said easement area. Grantor shall not make changes in grade, elevation or contour of the land without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgement of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said guying facilities shall be abandoned, and in that event said easement and right -of- -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of 20. By: Name: Title: 154 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 11 Applicable: Entire Certified Service Area Page 1 of 1 Effective Date: Revision: Two 6.3.11 Easement and Right of Way (Form 50.3700) SUBSTATION EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § Th at of hereinafter called "Grantor," whether one or more, for and in consideration of Ten and no /100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Fwy, Dallas, Texas 75202, hereinafter referred to as "Company," has granted, sold and conveyed and by these presents does grant, sell and convey unto said Company, its successors and assigns, an easement and right of way for an electric power substation consisting of structures made of steel and or wood, concrete foundations, wires, cables, transformers, switches, circuit breakers, relay and battery all weather enclosures, security fencing and other necessary and/or desirable appurtenances over, upon and under that certain tract of land located in County, Texas, more particularly described as follows and sometimes referred to herein as the "easement area ": (Legal Description) Together with the right of ingress and egress over, across, throughout and along the easement area for the purpose of and with the right to construct, operate, maintain, repair, reconstruct, modify and to remove such electric power substation from such easement prior to or upon termination of such easement. Further, Company shall have the right to remove or thereafter prevent the growth of trees, limbs, branches or surface brush or vegetation as may in any way or to any extent now or forever interfere with the efficiency, safety and /or convenient operation of said electric power substation and its appurtenances; and Company shall have the right to prevent the construction or maintenance of any structures, houses or permanent installations of any kind within the easement area and shall have the right to fence and enclose the easement area and to have exclusive possession of the surface thereof. It is understood that by this grant of easement and right of way Company is granted exclusive right to use the property described above for the above purpose noted, and Grantor, by these presents and for the consideration stated, relinquishes any right to grant to others any easements, licenses, leases or other rights hereafter with respect to the easement area, without first obtaining the express written consent of Company, Company shall have the rights of ingress and egress across Grantors adjacent lands to and from the easement area for the purposes noted herein with regard to the substation. Company shall have the right to construct and maintain an all weather road along and upon the route shown on "Exhibit A" (or "B ", depending upon whether a separate legal description is attached as Exhibit "A" for the substation site itself), attached hereto and made a part hereof for all purposes for such ingress and egress, which shall constitute an easement for access to and from the easement area. In addition to the consideration above recited for the substation easement and access road easement hereby granted, Company will pay to the owner of the land, and, if leased, to his tenant, as they may be respectively entitled, actual damages to fences and growing crops and improvements located on Grantors adjacent lands caused by reason of the construction, operation, maintenance, repair, reconstruction or removal of said electric power substation and access road; provided, however, Company shall not be required to pay for trimming or removal of vegetation and removal of any improvements located within the easement area, or any trees, limbs, branches or surface brush and vegetation as may in any way or to any extent now or forever interfere with the efficiency, safety and /or convenient operation of said electric power substation and access thereto. TO HAVE AND TO HOLD the above described easement and right of way unto the said Company, its successors and assigns, until all of said facilities shall be removed or upon Company's written notification that the easement is terminated, and in that event said easement shall cease and all rights herein granted shall cease and revert to Grantor or Grantors heirs, successors or assigns; and Grantor hereby binds himself, his heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement unto Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , A.D. 20_ By: Name: Title: 155 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 12 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: One 6.3.12 Grant of Easement (Veteran's Land Board) ACCOUNT NUMBER GRANT OF PERPETUAL EASEMENT (Lands Under Contract Of Sale And Purchase Under The Texas Veterans Act for utility easements serving the subject property only.) STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: (t) That the undersigned Veteran- Purchaser, grantor herein, with the approval of the Veterans Land Board hereby grants to hereinafter called grantee, an easement for a right -of -way for the following kind of line, to wit: , with the right to construct and erect such a line, on and across the land as described in the Warranty Deed from to the Veterans Land Board and recorded in Vol. , Page , of the Deed Records of County, Texas, to which reference is made for a full and complete description. Said right -of -way being feet wide, being feet over and on each side of the center line thereof, said centerline to be agreed upon by the grantee herein. In no event shall this easement be used as an increment to proved service to property outside the boundaries of the above referenced tract. GRANTOR AND GRANTEE AGREE TO RELEASE FROM ALL LIABILITY AND CLAIMS AND HOLD HARMLESS, THE CHAIRMAN, MEMBERS AND EMPLOYEES OF THE VETERANS LAND BOARD FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE FAILURE TO SPECIFICALLY LOCATE THE RIGHT -OF -WAY BY COURSES BY AND DISTANCES. (2) Said right -of -way for said line is rods in length and the grantee hereby agrees to pay the Veterans Land Board at Austin, Texas, in consideration for the granting of this easement, the sum of $ ; such amount is to be applied by the Veterans Land Board to the credit of the grantor's account; provided that if said land has been forfeited according to law to the Veterans Land Board, such amount will be applied for the benefit of the fund designated by law. (3) It is agreed that when said line is erected on said land, the location of the right -of -way shall become permanently fixed, and the course and location of said right -of -way shall not be changed except by both written consent of the grantor and written approval of the Veterans Land Board. (4) The Grantee is hereby granted the right of ingress and egress to and from said right -of -way and occupancy thereof only for the purpose of constructing, erecting, maintaining, repairing, replacing and rebuilding said line, and not for any other purpose. The Grantee agrees to occupy the land to the extent and for the length of time necessary when constructing, erecting, maintaining, repairing, replacing and rebuilding said line. (5) It is understood that the grantee cannot construct, erect or maintain any telephone, telegraph, electric transmission or power line or oil pipeline, gas pipeline, sulfur pipeline, or other electric or pipeline, unless the same is specifically provided for in first paragraph of this agreement. However, if the contract is for a pipeline, the grantee is entitled to replace said pipeline with a larger or smaller pipe, or pipe of the same size, but grantee shall not build another pipeline alongside of first pipeline or at another location without both the written consent of the grantor and approval of the Veterans Land Board; and if this contract is for a telephone telegraph, electric or power line, the grantee is entitled to replace poles, towers and guy wires at their original location, and attach additional wires on the poles and towers; but shall not erect additional poles, towers, and guy wires after grantee has erected the original line without both the written consent of the grantor and the approval of Veterans Land Board. (6) The grantee agrees to bury all pipelines, if any, below plow depth and to construct the same so as not to interfere with the use of the land for the grazing of livestock or farming in the usual manner, and the grantee agrees to erect all telephone, telegraph and electric and power lines, if any, so as not to interfere with the use of the land for the grazing of livestock or farming in the usual manner, except that it is understood that the ordinary and usual poles and towers and necessary guy wires may be erected. (7) It is agreed that if the grantee injures or destroys any fences, bridges, buildings, or other structures on said land (other than the structure constructed by the grantee) that said grantee will within a reasonable time rebuild and repair the same to the extent that they will be in as good condition as they were in before the grantee injured or destroyed them. (8) The grantee agrees to pay to the Veterans Land Board for the benefit of the grantor's account (or the fund designated by law, in case of forfeiture) the amount of actual damages done to the fences, bridges, buildings, timber and other property (other than property belonging to the grantee) by reason of the constructing, erecting, maintaining, repairing, replacing and rebuilding of said line; provided that damages repaired by the grantee as prescribed in the preceding paragraph shall not be included. 156 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 12 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: One (9) The grantee shall have a reasonable time after termination of this easement to remove any of its own property from said right -of -way, provided all payments hereunder due at the time of such removal are paid in full. If the grantee removes any pipes, poles or other equipment or structures, it shall level the land from where the same are taken so that the said land will be as nearly as possible in the same condition it was in before grantee entered thereon. Should the grantee fail to remove any property from the premises in a reasonable time, the same shall, at Grantors option, become property of the grantor herein as additional rental therefor. (10) Other conditions: (If none, indicated so. If necessary, reference and attach exhibit.) (t 1) The terms and conditions hereof shall be binding upon the parties, their heirs, executors, administrators, legal representatives, successors, and assigns, respectively. In witness whereof the grantor has hereunto set his hand and the grantee is bound by the provisions hereof by the acceptance of delivery of this instrument, the effective date of which is the date the Executive Secretary of the Veterans Land Board executed his approval hereon. (Veteran- Purchaser) (Spouse) APPROVED THIS DAY OF PAUL E MOORE EXECUTIVE SECRETARY APPROVED AS TO CONTENTS: VETERANS LAND BOARD OF THE STATE OF TEXAS ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day ! ! personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowleded to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: Notary Public in and for the State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day ! 1 personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowleded to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: Notary Public in and for the State of Texas 157 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 13 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.13 Grant of Easement (Veteran's Land Board) ACCOUNT NUMBER GRANT OF PERPETUAL EASEMENT (Lands Under Contract Of Sale And Purchase Under The Texas Veterans Act) STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: (1) That the undersigned Veteran - Purchaser, grantor herein, with the approval of the Veterans Land Board, hereby grants to hereinafter called grantee, an easement for a right -of way for the following kind of line, to wit: with the right to construct and erect such a line, on and across the land as described in the Warranty Deed from to the Veterans Land Board and recorded in Vol. Page , of the Deed Records of County, Texas, to which reference is made for a full and complete description. Said right -of -way being feet wide, being feet over and on each side of the center line thereof, the courses and distances of said center line of said right-of-way being as follows, to wit: (2) Said right -of -way for said line is rods in length and the grantee hereby agrees to pay the Veterans Land Board at Austin, Texas, in consideration for the granting of this easement, the sum of $ . Such amount is to be applied by the Veterans Land Board to the credit of the grantor's account; provided that if said land has been forfeited according to law to the Veterans Land Board, such amount will be applied for the benefit of the fund designated by law. (3) It is agreed that when said line is erected on said land, the location of the right -of -way shall become permanently fixed, and the course and location of said right -of -way shall not be changed except by both written consent of the grantor and written approval of the Veterans Land Board. (4) The Grantee is hereby granted the right of ingress and egress to and from said right -of -way and occupancy thereof only for the purpose of constructing, erecting, maintaining, repairing, replacing and rebuilding said line. (5) It is understood that the grantee cannot construct, erect or maintain any telephone, telegraph, electric transmission or power line or oil pipeline, gas pipeline, sulfur pipeline, or other electric or pipeline, unless the same is specifically provided for in first paragraph of this agreement. However, if the contract is for a pipeline, the grantee is entitled to replace said pipeline with a larger or smaller pipe, or pipe of the same size, but grantee shall not build another pipeline alongside of first pipeline or at another location without both the written consent of the grantor and approval of the Veterans Land Board; and if this contract is for a telephone, telegraph, electric or power line, the grantee is entitled to replace poles, towers and guy wires at their original location, and attach additional wires on the poles and towers; but shall not erect additional poles, towers, and guy wires after grantee has erected the original line without both the written consent of the grantor and the approval of Veterans Land Board. (6) The grantee agrees to bury all pipelines, if any, below plow depth and to construct the same so as not to interfere with the use of the land for the grazing of livestock or farming in the usual manner, and the grantee agrees to erect all telephone, telegraph and electric and power lines, If any, so as not to interfere with the use of the land for the grazing of livestock or farming in the usual manner, except that it is understood that the ordinary and usual poles and towers and necessary guy wires may be erected. (7) It is agreed that if the grantee injures or destroys any fences, bridges, buildings, or other structures on said land (other than the structure constructed by the grantee) that said grantee will within a reasonable time rebuild and repair the same to the extent that they will be in as good condition as they were in before the grantee injured or destroyed them. (8) The grantee agrees to pay to the Veterans Land Board for the benefit of the grantors account (or the fund designated by law, in case of forfeiture) the amount of actual damages done to the fences, bridges, buildings, timber and other property (other than property belonging to the grantee) by reason of the constructing, erecting, maintaining, repairing, replacing and rebuilding of said line: provided that damages repaired by the grantee as prescribed in the preceding paragraph shall not be included. (9) The grantee shall have a reasonable time after termination of this easement to remove any of its own property from said right -of -way, provided all payments hereunder due at the time of such removal are paid in full. If the grantee removes any pipes, poles or other equipment or structures, it shall level the land from where the same are taken so that the said land will be as nearly as possible in the same condition it was before grantee entered thereon. Should the grantee fail to remove any property from the premises in a reasonable time, the same shall, at Grantor's option, become property of the grantor herein as additional rental therefor. 158 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 13 Applicable: Entire Certified Service Area Page 2 of 2 Effective Cate: September 17, 2009 Revision: Original (10) The terms and conditions hereof shall be binding upon the parties, their assigns, respectively. In witness whereof the grantor has hereunto set his hand and the grantee is bound by the provisions hereof by the acceptance of delivery of this instrument, the effective date of which is the date the Executive Secretary of the Veterans Land Board executed his approval hereon. (Veteran- Purchaser) APPROVED THIS DAY OF (Spouse) PAUL E MOORE EXECUTIVE SECRETARY APPROVED AS TO CONTENTS: VETERANS LAND BOARD OF THE STATE OF TEXAS ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day / 1 , personally appeared known to me to be the person whose names is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: Notary Public in and for the State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day ! / personally appeared known to me to be the person whose names is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. My Commission Expires: Notary Public in and for the State of Texas 159 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 14 Applicable: Entire Certified Service Area Page 7 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.14 Agreement and Terms and Conditions for Pulse Metering Equipment Installation ("Company's and [an Electric Power and Energy end -user; the written authorized representative of , an Electric Power and Energy end -user, or a retail electric provider for , an Electric Power and Energy end -user] ("Customer") hereby agree that the provision of Pulse Metering Equipment will be governed by the Company's Tariff for Retail Delivery Service and this Agreement and Terms and Conditions for Pulse Metering Equipment Installation ( "Agreement'), Upon the request of Customer, Company shall install, maintain, repair, replace, or remove Pulse Metering Equipment located at Company's Meter used for billing Delivery System Services in accordance with the following terms and conditions: 1. Company shall install Pulse Metering Equipment, including: pulse initiator, as needed; external protective devices, as needed; junction box, as needed; and necessary wiring and related materials and supplies up to a point for Customers interconnection. 2. Customer shall be responsible for the installation and maintenance of all wiring and equipment on Customer's side of the point of interconnection with Company's Pulse Metering Equipment. 3. Customer agrees that Company is not obligated to alter or adjust any meter reading based on the equipment that Customer installs to receive the Electrical Pulses provided for herein and that Company in no way guarantees that Customers equipment will operate satisfactorily. 4. Company shall charge and Customer shall pay (i) the installation charge as set forth in Company's Tariff for Retail Delivery Service, or if there is no such charge, (ii) the difference in costs, if any, between the existing meter (or the standard meter if no meter is currently installed) and the cost of an advanced meter that meets Customers requirements, or (iii) the actual cost of the installation requirements, which includes the actual cost of equipment, labor, and overheads necessary to provide pulse access, or (iv) an engineering estimate thereof. Customer shall remit payment to Company for the costs incurred under this paragraph by the due date shown on Company s invoice, 5. Only Company or Company's authorized representatives shall install, maintain, repair, replace, or remove Pulse Metering Equipment. Company shall normally complete installation or removal of such equipment within thirty (30) days from the date request is made in accordance with Section 10. Normal installation times may be impacted by equipment availability or other factors beyond the reasonable control of Company. If Company determines that the installation time may exceed thirty (30) days Company shall provide notice to Customer of this Agreement when Pulse Metering Equipment installation is complete, including pulse multipliers for the meter, so that pulse data can be interpreted. 6. Company shall maintain, repair, or replace Pulse Metering Equipment installed_ hereunder, if and to the extent that such work is necessary to maintain the pulse access desired by Customer. If applicable, a charge for maintenance shall be optional, with Customer having the option whether to pay a monthly maintenance fee, rather than the cost of repair or replacement should such become necessary to maintain the pulse access desired by Customer. Company shall charge and Customer shall pay (i) the replacement charge, (ii) the actual cost of all required repairs /replacement, or (iii) an engineering estimate thereof. Company shall repair or replace only such Company equipment as requires repair or replacement. 7. If an isolation relay is used, under no circumstances shall Customer modify or interrupt the operation of Company's relay and associated wiring. 8. - Company reserves shall have the right to interrupt the pulse circuit in accordance with the provisions of the Company's Tariff for Retail Delivery Service. 9. This Agreement may be amended, revised, or otherwise changed only by an appropriate order of an Applicable Legal Authority. 10. All requests for Pulse Metering Equipment shall be in writing and must include the following information: (a) Customer name; (b) Letter of authorization if Customer is other than an Electric Power and Energy end -user, (c) Customer's authorized representative contact name, if applicable; (d) Customer's authorized representative contact phone number, if applicable; (e) ESI ID (if available); (f) Service address (including City and zip code); (g) Pulse data requested e.g. watt -hour, time, var -hour, (h) Billing /Invoice Information, including: Responsible Party; Billing Address; and W if Customer is not the owner of the premises upon which Pulse Metering Equipment will be located, Customer shall represent, that Company is fully authorized to enter the premises and to perform any reasonable effort necessary to install, maintain, repair, replace, or remove Pulse Metering Equipment. 160 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 14 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date September 17, 2009 Revision: Oriainal 11. All communications necessary in the administration and execution of this Agreement may be effectuated by contacting Company and Customer at the addresses and telephone numbers set forth below: FOR COMPANY: Contact: Address: Email: Phone Number. Fax Number. FOR CUSTOMER: Contact: Address: Email: Phone Number. Fax Number: Either party may change the preceding designation by providing the other party with no less than thirty (30) days advanced notification of such change. 12. Except as expressly provided by this Agreement, no provisions of this Agreement shall revise, alter, modify, or amend Company's Tariff for Retail Delivery Service. 13. This Agreement shall commence upon the date of execution by both Parties (the "Effective Date ") and shall terminate (a) upon mutual agreement of the Parties, or (b) written notification by Customer to Company that it requests to terminate this Agreement; or (c) upon the effective date of a new agreement between the Parties. 14. Termination of this Agreement, for any reason, shall not relieve Company or Customer of any obligation accrued or accruing prior to such termination. 15. This Agreement maybe executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. Company (insert name) (legal signature) (date) Customer (insert name) (legal signature) (date) 161 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 1 of 5 Effective Date: September 17, 2009 Revision: Original 6.3.15 Agreement for Meter Ownership and/or Access for Non - Company Owned Meters ESI ID: (If this Agreement applies to multiple ESI IDs, the ESI IDs are listed on an Attachment that identifies the appropriate premise address for each ESI ID.) ('Company') and ( "Retail Customer") hereby agree that this Agreement for Meter Ownership and/or Access for Non - Company Owned Meters ( "Agreement "), as well as Company's Tariff for Retail Delivery Service ( "Tariff') and Applicable Legal Authorities, will govern Retail Customer's utilization of Non - Company Owned Meter(s), and Retail Customer's physical access to Non - Company Owned Meter(s) to obtain Meter Data at the ESI ID(s) specified above. All defined terms used herein will have the meanings specified in the Tariff, except as otherwise expressly provided in this Agreement. This Agreement may be executed by a written authorized representative /agent ( "Retail Customer's Agent "), acting on behalf of the Retail Customer pursuant to an executed Letter of Agency ( "LOA") delivered to Company. Termination of the agency authority of Retail Customer's Agent will become effective as to this Agreement upon Company's receipt of written notice of such termination from the Retail Customer. A change in Retail Customers Agent will become effective as to this Agreement only upon the Company's receipt of a new LOA designating a new Retail Customers Agent, in which event Retail Customer is also responsible for promptly providing Company with the contact information for the new Retail Customer's Agent required under Section C of this Agreement. Retail Customer shall ensure that Retail Customers Agent complies with this Agreement, the other applicable provisions of the Tariff, and Applicable Legal Authorities. If Retail Customer is not the owner of the premises where the Non - Company Owned Meter(s) will be installed, Retail Customer represents that Company is fully authorized to enter the premises and perform any reasonable effort necessary to install, maintain, repair, replace, or remove the Non - Company Owned Meter(s). A. UTILIZATION OF NON - COMPANY OWNED METER 1. Meter Owner. Retail Customer has selected and authorized to be the Meter Owner of the Non - Company Owned Meter(s) at the ESI ID(s) specified above. A change in Meter Owner will become effective only upon a written amendment of this Agreement. 2. Non - Company Owned Meter. The Non- Company Owned Meter(s) selected from the ERCOT- approved competitive meter list that will be installed pursuant to this Agreement islare (i.e.,meter manufacturer and type). Any credit to the Delivery Charges invoiced to the Retail Customers Competitive Retailer for the utilization of Non- Company Owned Meter(s) shall be as provided in Section 6.1 - Rate Schedules of Company's Tariff. 3. Metering Services. Company shall provide Metering Services as defined in PUC Substantive Rule 25.311(b)(5), (as the same may be changed from time to time by the Commission), excluding Meter ownership, to Retail Customer utilizing Non- Company Owned Meter(s). Charges may apply to these Metering Services as provided in Section 6.1 — Rate Schedules of Company's Tariff. 4. Requests for Metering Services. Requests for Metering Services, including installation or removal of Non - Company Owned Meter(s), shall be made in accordance with Company's Tariff and Applicable Legal Authorities, 5. Shipping of Non - Company Owned Meters to Company, A Non - Company Owned Meter shipped by the Meter Owner to the Company for testing and installation shall be shipped to the Company's designated meter delivery address as provided herein, with shipping costs prepaid by the Meter Owner. 6. Return of Non - Company Owned Meters to Meter Owner. A Non - Company Owned Meter being returned to the Meter Owner for any reason (including removal from service) may be picked up by the Meter Owner at a Company designated location within ten business days after Company gives written notice that the Non - Company Owned Meter is being returned. If the Non - Company Owned Meter is not picked up by the Meter Owner within such ten business day period, Company will have the right to return the Non- Company Owned Meter to the Meter Owner using any of the following means: (a) shipping by Company to the Meter Owner, at the address specified herein, shipping to be paid by the Meter Owner, cash on delivery; (b) shipping to the Meter Owner using a shipper, Meter Owner account number and shipping instructions provided by the Meter Owner when the Meter Owner is notified that the Non - Company Owned Meter is being returned; or (c) other arrangements mutually agreed to by Company and Meter Owner. if a Non- Company Owned Meter that has been removed from service is not returned to the Meter Owner using one of the means specified above, Company will safeguard the Non - Company Owned Meter until the earlier of (i) the date the Meter Owner takes possession of it, or (ii) 60 calendar days from the date of removal. B. ACCESS TO NON - COMPANY OWNED METER BY COMPANY TO OBTAIN METER DATA 1. Billing and Settlement Meter Reading Capability. Where remote meter reading is required, the method that Retail Customer will provide for the Company to remotely access the Non - Company Owned Meters) to obtain Meter Data necessary for the Company to fulfill its billing, settlement and reliability responsibilities pursuant to Applicable Legal Authorities ( "Billing and Settlement Meter 162 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 2 of 5 Effective Date: September 17, 2009 Revision: Original Reading Capability"} is (e.g., cell phone, land line, radio, etc.). The Billing and Settlement Meter Reading Capability must be compatible with a method the Company currently uses elsewhere on its system for remote access to Billing Meters providing similar billing, settlement and reliability Meter Data. The Billing and Settlement Meter Reading Capability must comply with Section 5.10.2 — Retail Customer Responsibility and Rights of Company's Tariff. Where remote meter reading is required, Retail Customer shall arrange for and be responsible for the costs, including any ongoing costs, of the remote communications for the Billing and Settlement Meter Reading Capability, Retail Customer shall have the Billing and Settlement Meter Reading Capability in effect beginning ­ Retail Customer shall provide Company with 45 calendar days advance written notice of termination of the Billing and Settlement Meter Reading Capability and agrees to work in good faith with Company to restore Company's remote meter reading capability. Company's Access to Billing and Settlement Meter Reading Capability. Company will not use Meter Data from a Non - Company Owned Meter for purposes other than fulfilling the Company's billing, settlement, and reliability responsibilities in accordance with Applicable Legal Authorities. Company shall have access to the Non - Company Owned Meter using the Billing and Settlement Meter Reading Capability, (a) on the scheduled meter reading day and the two calendar days on either side of the scheduled meter reading day, for consecutive minutes beginning at am/pm (circle one) (central prevailing time); and (b) on three additional consecutive calendar days designated by Company in writing for_ consecutive minutes each day beginning at _ am/pm (circle one) (central prevailing time). In addition, Company may access the Non - Company Owned Meter at other times if necessary to fulfill the Company's billing and settlement responsibilities or if access is not available at the designated times. If Company does not have reasonable access through the Billing and Settlement Meter Reading Capability to the Non- Company Owned Meter for a period exceeding 10 calendar days, or for the two calendar days on either side of and on the scheduled meter read date, or in the event that Company's access to billing and settlement data is blocked during the times listed herein, Retail Customer will be in breach of its obligations under this Agreement. 3. Charges. Company shall not charge Retail Customer for access to the Meter Data nor shall Retail Customer charge Company for access to the billing, settlement and reliability Meter Data. C. CONTACT INFORMATION All notifications and other contacts necessary in the administration and execution of this Agreement may be effectuated by contacting Company, Retail Customer, Meter Owner, or Retail Customer's Agent at the addresses and telephone numbers set forth below: FOR COMPANY: Contact: Address: Email: Phone Number: Fax Number. 163 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 3 of 5 Effective Date: September 17, 2009 Revision: Original For Receipt of Non- Company Owned Meter: Contact: Address: FOR RETAIL CUSTOMER: Company Name: Contact Person: Premise Address: Billing Address: Email: Phone Number: Fax Number: Retail Customer's Competitive Retailer, contact name and phone number. FOR METER OWNER: Company Name: Contact Person: Address: Email: Phone Number. Fax Number: For Return of Non - Company Owned Meter: Contact Person: Address: FOR RETAIL CUSTOMER'S AGENT: Company Name: Contact Person: 164 Tariff for Retail Delivery Service Oncor Electric Delivery Company L.LC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area Page 4 of 5 Effective Date: September 17, 2009 Revision: Original Address: Email: Phone Number: Fax Number. Company will promptly provide to the Retail Customer any changes to the Company's contact information. The Retail Customer will promptly provide to Company any changes to the Retail Customer's, Meter Owner's, Competitive Retailers or Retail Customers Agent's contact information. D. OTHER TERMS AND CONDITIONS 1. The form of this Agreement may be amended, revised, or otherwise changed only by an appropriate order of Applicable Legal Authorities. 2. Except as expressly provided by this Agreement, no provisions of this Agreement she[[ revise, alter, modify, or amend other provisions of Company's Tariff for Retail Delivery Service. 3. This Agreement shall commence upon the date of execution by both Parties (the "Effective Date "). 4. This Agreement shall terminate on the earlier of: (a) the date that none of the ESI IDs specified on the first page of this Agreement are associated with the Retail Customer, or (b) the date that all of the Non - Company Owned Meters provided for under this Agreement have been permanently removed, whether removed at the Retail Customers request or pursuant to Applicable Legal Authorities; or (c) termination by the Retail Customer upon 45 calendar days advance written notice to the Company; or (d) termination by the Company upon Retail Customer's breach of any obligation under this Agreement that has remained uncured after Retail Customer and Retail Customers Agent, if designated, have been given written notice of the breach and 30 calendar days to cure. Upon termination of the Agreement, Company shall have the right to remove the Non - Company Owned Meter(s) covered by this Agreement; provided that removal of Non - Company Owned Meters shall comply with Section 5.10.5 of the Tariff. Termination of the Agreement may result in applicable charges under Section 6.1 — Rate Schedules of Company's Tariff. Termination of this Agreement, for any reason, shall not relieve the Parties of any obligation accrued or accruing prior to such termination. 5. Retail Customer is responsible for providing accurate information to Company as requested herein, as well as accurate information necessary to facilitate Company's access through the Billing and Settlement Meter Reading Capability to billing, settlement and reliability Meter Data (e.g., telephone numbers). Retail Customer is responsible for promptly informing Company of any changes to that information. Failure to maintain the accuracy of the information required under this Agreement will constitute a breach of this Agreement. 6. This Agreement is binding upon Company and Retail Customer and their successors and assigns, provided that Retail Customer may assign this Agreement only to another Retail Customer taking service at the specified ESI IDs, and only upon giving written notice to Company and providing all pertinent changes to information requested herein, 7. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. Company (insert name) (legal signature) (date) Retail Customer (insert name) (legal signature) (date) 165 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 15 Applicable: Entire Certified Service Area rage 5 of 5 Effective Date: September 17, 2QO9 Revision: Original ACKNOWLEDGED this _day of , by: Meter Owner (insert name) (legal signature) (date) ACKNOWLEDGED this _day of , by: Retail Customer's Agent (insert name) (legal signature) (date) 166 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 16 Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: September 17, 2009 Revision: Original 6.3.16 COMPETITIVE METERING LETTER OF AGENCY Electric Service Identifier (ESI 10 Number) :* Premise Address (include city, state, zip): Retail Customer. Retail Customers Billing Address: (include city, state, zip) Retail Customers Email: Retail Customer's Telephone Number: Retail Customers Fax Number: Retail Electric Provider or (REP): Transmission and Distribution Utility (TDU): Retail Customer's Agent: Retail Customers Agent's Address: (include city, state, zip) Retail Customers Agent's Email: Retail Customer's Agent's Telephone Number. Retail Customers Agent's Fax Number. * if this Letter of Agency applies to multiple ESI IDs, the ESI IDs are listed on an Attachment that identifies the appropriate premise address for each ES[ ID. The Retail Customer designates the Retail Customers Agent for purposes of performing Retail Customers duties provided for in the "Agreement for Meter Ownership andlor Access' (the "Agreement"), as well as giving and receiving information in accordance with the Competitive Metering Guides of the Electric Reliability Council of Texas ( "ERGOT). In addition to the duties included in the Agreement, Retail Customer appoints Agent to: (1) Communicate with and authorize TDU to maintain, repair, and replace the Non - Company Owned Meter(s), as may be reasonable and necessary; (2) Submit to and obtain from the TDU information requests, service requests, and data access; and, (3) Authorize TDU to enter the Premise at reasonable times and to perform all reasonable and necessary work to install the Non - Company Owned Meter(s) at the Premise and to maintain, repair, replace, and remove the Non - Company Owned Meter(s). Retail Customer acknowledges that Retail Customer is obligated to pay all amounts due to the TDU pursuant to its tariffs approved by the Public Utility Commission of Texas. Failure of Agent to perform Retail Customers duties does not relieve Retail Customer of any obligation under the Agreement or tariffs. 167 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 96 Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: September 17, 2009 Revision: Original By signing this Letter of Agency, Retail Customer represents that if Retail Customer is not the owner of the premises upon which the Non - Company Owned Meter and any associated equipment will be located, that Company is fully authorized by the owner of the premises to enter the premises and to perform any reasonable work necessary to install, maintain, repair, replace, or remove such Meter and associated equipment. Representation By signing this Letter of Agency, Retail Customer represents that Retail Customer is at least 18 years old and has the legal capacity to execute this document. Termination This Letter of Agency can be terminated at any time, provided however that with regard to the Agreement, termination shall be effective only upon TDU's receipt of written notice of such termination from Retail Customer. Retail Customer represents by its signature hereunder that Retail Customer is aware of its affirmative duty to promptly inform the TDU of any changes to this Letter of Agency, including its termination. Retail Customer Date 168 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 1 of 7 Effective Date: Revision: One 6.3.17 Agreement for Street Lighting Service AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN , Texas A MUNICIPAL CORPORATION AND ONCOR ELECTRIC DELIVERY COMPANY LLC DATE 169 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 2 of 7 Effective Date: Revision: One AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN ONCOR ELECTRIC DELIVERY COMPANY LLC AND [INSERT NAME OF CITY] The City of , Texas, a Municipal Corporation ( "Customer"), and Oncor Electric Delivery Company LLC, for and in consideration of the mutual covenants set forth in this Agreement for Street Lighting Service (the "Agreement"), agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the meanings indicated: a. "Company's Tariff shall mean the Company's approved Tariff for Retail Delivery Service, as may be revised from time to time during the term of this Agreement, on file with the Public Utility Commission of Texas; b. Customer shall be the "Retail Customer" as such term is used in Company's Tariff. C. "Facility" or "Facilities" shall mean the electrical facilities or equipment, including but not limited to, pole(s), luminaire(s), wires, and appurtenances, owned by Company or Customer, through which Company will provide service to Customer pursuant to this Agreement. 2. Term and Termination. Consistent with the requirements of section 6.1.1.1.8 - Lighting Service of Company's Tariff, this Agreement shall be effective as of the day of , 20 _ , and, unless terminated early in accordance with the terms of this Agreement, shall remain in effect for an initial term of ten (10) years and from year to year thereafter until canceled by either party consistent with the terms of this Agreement. After the expiration of the initial ten year term, this Agreement may be terminated by either party upon ninety (90) days written notice to the other party. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated at any time under the following conditions. (a) If Company begins installation of any requested Facilities prior to receiving full payment of any contribution -in- aid -of- construction provided for in section 6.1.1.1.8 - Lighting Service of Company's Tariff or any subsequently approved similar provision, from Customer or Customer's agent or representative ( "Customer's Agent ") as appropriate, and Customer or Customer's Agent thereafter fails to make such payment in full, then: (i) Company may immediately terminate this Agreement by providing written notice of such termination to Customer, (ii) Company may remove all such Facilities, and (iii) Customer shall pay Company all cost incurred by Company in removing such Facilities, less the salvage value of such Facilities, within 30 days of Company's removal of the subject Facilities. (b) If Customer discontinues taking electric service from Customer's designated competitive retailer at Facilities, for purposes other than to allow the Customer to begin receiving service from another competitive retailer at such Facilities, then: (i) Company may immediately terminate this Agreement by providing written notice of such termination to Customer, (ii) Company may remove all such Facilities owned by Company, and (iii) Customer shall pay Company all cost incurred by Company in removing such Facilities, less the salvage value of such Facilities, within 30 days of Company's removal of the subject Facilities. (c) if Customer purchases Facilities owned by Company. 3. Contribution -In- Aid -Of- Construction. Section 6,1.1.1.8 - Lighting Service of Company's Tariff provides for the installation or construction by Company of a base level of Facilities with no contribution-in- aid-of- construction required from Customer. For example, Schedule A provides for the installation or construction of wood poles of a type normally used by Company served overhead without the payment of contribution -in- aid -of- construction by Customer. Requested Facilities that exceed such base level require a contribution -in- aid -of- construction to be paid by Customer to Company. Company will begin work on the requested Facilities prior to receipt of full payment of any required contribution -in- aid -of- construction from Customer or Customer's Agent, However, Customer or Customer's Agent shall pay to Company any required 170 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 3 of 7 Effective Date: Revision: One contribution -in- aid -of- construction prior to Company energizing the requested Facilities or within 90 days from the receipt of a contribution -in- aid -of- construction invoice, whichever is earlier. If Customer has arranged for Customer's Agent to pay to Company any required contribution-in'-aid-of-construction, then Customer's Agent shall execute a Supplement to this Agreement, the form of which is attached hereto as Exhibit A, for the sole purpose of establishing such agent's agreement to pay such contribution -in- aid -of- construction. 4. Service Subject to Company's Tariff. This Agreement is subject to the terms and conditions of Company's Tariff, and all services provided by Company shall be pursuant to and consistent with Company's Tariff. To the extent any provision of this Agreement conflicts with or is inconsistent with Company's Tariff, then the provisions of Company's Tariff shall control. 5. Material Change. In the event that a judicial decision, order, new law or regulation, or a change in any law or regulation, materially and directly affects a party's ability to perform its obligations hereunder, then the party that is negatively affected shall have the right to notify the other party, within 30 days after becoming aware of such detrimental event. The parties shall use their best efforts to negotiate a modification to the terms of this Agreement so as to mitigate the impact of the event. If, after twenty (20) days beyond the notice, the parties have been unable to negotiate a mutually satisfactory modification to the terms of this Agreement, then either party shall have the right to terminate this agreement upon ten (10) days written notice to the other party. If such right to terminate is not exercised within forty -five (45) days after the date of the original notice, then the right to terminate this Agreement shall be waived with respect to the particular event. 6. Type of Service and Applicable Rate Schedule. The type of service provided and rate schedule applicable at each Facility or group of Facilities shall be agreed to by the Parties and specified on the form entitled Request for Street Lighting Service, attached hereto as Exhibit "B," which may be amended or supplemented as necessary, at any time, by mutual agreement of the parties. 7. Installation /Construction. All requests for installation or construction of Facilities subject to this Agreement shall be made on the form entitled Request for Street Lighting Service, attached hereto as Exhibit "B" and incorporated into this Agreement by execution of the form Supplement to the Agreement attached hereto as Exhibit "A." All such installation or construction shall be performed by Company pursuant to and consistent with section 6.1.1.1.8 - Lighting Service of Company's Tariff, and all other applicable provisions of such Tariff. 8. Relocation of Facilities. Nothing contained herein modifies section 37.101 of PURA, which provides that "the governing body of a municipality may require an electric utility to relocate the utility's facility at the utility's expense to permit the widening or straightening of a street by: (1) giving the electric utility 30 days' notice; and (2) specifying the new location for the facility along the right-of-way of the street." Notwithstanding the foregoing, issues regarding the relocation of Facilities should, if possible, be resolved by the parties prior to the execution of this Agreement and may require the execution of a separate agreement. 9. Billing and Payment. Company will invoice Customer directly for the contribution-in - aid -of- construction specified on the form entitled Request for Street Lighting Service, attached hereto as Exhibit "B" and any other charges for which Company's Tariff provides for direct billing by Company to Customer. Federal income taxes are due on contributions -in- aid -of- construction, pursuant to current Internal Revenue Service ( "IRS ") rulings and regulations, unless Customer is eligible for an exemption available under applicable IRS regulations. To the extent such IRS rulings and regulations are modified in a manner that impacts the obligation of Customer to pay such federal income taxes, then the Parties shall implement such modified rulings and regulations on a prospective basis. All other charges associated with the Services provided by Company to Customer will be included on the bill or invoice that Customer receives from Customer's designated competitive retailer. 10. No Delegation of Authority. Customer does not by this Agreement delegate its authority or responsibility for the Facilities covered by this Agreement to Company but shall continue to hold full discretion to determine the policies and procedures regarding such Facilities. 171 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 4 of 7 Effective Date: Revision: One 11. Obstructions. Customer is responsible for removing all obstructions and trimming all trees that may interfere with the installation or construction of requested Facilities. After installation, Company is responsible for removing or trimming all trees that interfere with the distribution line providing service to the lighting facilities and Customer is responsible for removing or trimming all trees that interfere with the dispersion of light from the Facilities. 12. Outages. To the extent that Company is responsible for maintaining Facilities pursuant to this Agreement, Customer may report any Facilities requiring maintenance to Company via either of the following means: Internet: http: / /oncorstreetlight.com Telephone: 1- 888 - 313 -4747 13. Permits. Customer will secure for Company all permits and consents necessary for the performance of this Agreement. 14. Notice. Except as provided in section 12 above, any notice required under this Agreement shall be forwarded to the following representatives of the parties: Customer: Company: CUSTOMER OPERATIONS / STREETLIGHT ADMINISTRATION ONCOR ELECTRIC DELIVERY COMPANY LLC 1616 WOODALL RODGERS FWY DALLAS, TX 75202 15. Prior Agreements for Street Lighting Service. This Agreement supersedes and amends all prior agreements for Street Lighting Service between Company and Customer. 16. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, Company and Customer and their respective successors and permitted assigns. Neither party shall assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party. Notwithstanding the foregoing, Company may, without the consent of Customer and upon five (5) days advance written notice, (a) transfer or assign this Agreement to an affiliate of Company, or (b) transfer or assign this Agreement to any person or entity succeeding to all or a substantial portion of the assets of Company. UPON AN ASSIGNMENT PURSUANT TO THIS SECTION, CUSTOMER AGREES THAT COMPANY SHALL HAVE NO FURTHER OBLIGATIONS REGARDING FUTURE PERFORMANCE HEREUNDER. 172 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 5 of 7 Effective Date: Revision: One This Agreement is effective this day of , 20 _. [[INSERT CUSTOMER NAME]] BY: (TITLE) ( DATE) ONCOR ELECTRIC DELIVERY COMPANY LLC BY: (TITLE) (DATE) 88332.0] 0002 DALLAS 49288v1 173 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Sheet: 17 Applicable: Entire Certified Service Area Page 6 of 7 Effective Date: Revision: One EXHIBIT "A" WR Number: SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN ONCOR ELECTRIC DELIVERY COMPANY LLC AND DATED This Supplement ( "Supplement ") to the Agreement for Street Lighting Service ( "Agreement"), is made and entered into this day of , 20 ONCOR Electric Delivery Company LLC and , ( "Customer") both hereinafter referred to as the "Parties." In consideration of the mutual promises and undertakings herein set forth, the Parties hereby agree to amend the Agreement as follows: 1. The following Request for Street Lighting Service is hereby added to the Agreement: Request for Street Lighting Service dated , attached hereto as Exhibit B. 2. This Supplement shall become effective upon execution by the Parties. 3. This Supplement is subject to the terms and conditions of the Agreement. 4. If Customer has arranged for its designated agent or representative ( "Customer's Agent ") to pay to Company the contribution -in- aid -of- construction ( "CIAC ") referenced in the Agreement, then Customer's Agent shall execute this Amendment for the sole purpose of establishing such agent's agreement to pay such CIAC. 5. Except as otherwise provided herein, the Agreement shall continue in full force and effect in accordance with its terms. IN WITNESS HEREOF, the Parties have caused this Supplement to be executed in several counterparts, each of which shall be deemed an original but all shall constitute one and the same instrument. ONCOR ELECTRIC DELIVERY COMPANY LLC TrINSERT CUSTOMER NAW11 By: By: Title: Title: Date: Date: For CIAC purposes only pursuant to Section (4) above. [[QISERT CUSTOMM'S AGENT'S NAME]] By: Title: Date: 174 r~ � m r- r a EXHIBIT "B" REQUEST FOR STREET LIGHTING SERVICE Actions: A- Addition R- Removal RL- Relocation S-Service (scrredrrfca —ink) IJ J N J v >, C N R N CL 41 � a+ � d LLI ' L L F,, v L: O N ti a U N N � � a a� of u- c U ha � dW d� `a> a � �¢ ESIO 1 Premise Acti A Order required from CR to E nerglze — YesrND (For New ESlt) only) quantity wattage Lamp Type Rate Schedule Identifying Lunineirel Pole Type Location: ddr m physical address (See Attached Siheteh) Comments: 1. Customer or Developer agrees to pay Company contribution in -0f construction in the amount of $ 2. It Company is prevented from Installing the requested raellities by tiny event of force majeure as defined In Section 5.2A of Company's Tariff for Retail Delivery Service, Company will return to Customer or Developer as appropriate, without interest, the entine amount of Customer or Developers contribuHandn -aid -of -construction payment, thereby terminating this supplement and Company's obligation to provide facilities requested herein. WR Number(s): Date: rn r Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.4 Rate Administration Sheet: 1 Applicable: As Listed Below Page 1 of 1 Effective Date: As Listed Below Revision: Two 6.4 Rate Administration 6.4.1 Cities in Which Rider UFCRF and the Agreement for Underground Facilities and Cost Recovery have been Approved CITY EFFECTIVE DATE Irving 1110112007 Sulphur Sprin s 0210512008 Sulphur Springs 09128/2009 EFFECTIVE CITY DATE 176 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Appendix A Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: January 1, 2002 Revision: Original APPENDIX A AGREEMENT BETWEEN COMPANY AND COMPETITIVE RETAILER REGARDING TERMS AND CONDITIONS OF DELIVERY OF ELECTRIC POWER AND ENERGY (DELIVERY SERVICE AGREEMENT) Company and Competitive Retailer hereby agree that their relationship regarding the Delivery of Electric Power and Energy will be governed by the terms and conditions set forth in Company's Tariff approved by the Public Utility Commission of Texas (Commission). A copy of this Tariff may be obtained by contacting the Central Records Department of the Commission. I. Notices, bills, or payments required in Company's Tariff shall be delivered to the following addresses: FOR COMPANY Legal Name: Mailing Address: Phone Number: Fax Number: Email Address: Payment Address (both electronic and postal): Company may change such contact information through written notice to Competitive Retailer. FOR COMPETITIVE RETAILER Legal Name: Mailing Address: Phone Number: Fax Number: 177 Tariff for Retail Delivery Service Oncor Electric Delivery Company I_I_C Appendix A Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Page 2 of 3 Revision: Original Email Address: Billing Address (both electronic and postal): PUC Certificate Number: Competitive Retailer may change contact information through written notice to Company. A. DESIGNATION OF CONTACT FOR REPORTING OF OUTAGES, INTERRUPTIONS, AND IRREGULARITIES *Please place a check on the line beside the option selected. These options and attendant duties are discussed in Pro -Forma Tariff section 4.11.1. Competitive Retailer will direct Retail Customers to call Competitive Retailer to report outages, interruptions, and irregularities and will then electronically forward such information to Company. Competitive Retailer will direct Retail Customers to call Competitive Retailer to report outages, interruptions, and irregularities and will then forward such calls to Company at the following toll -free number: 1- 888 - 313 -4747 T Competitive Retailer will direct Retail Customers to directly call or contact Company to report outages, interruptions, and irregularities. Competitive Retailer will provide Retail Customer with the following Company supplied toll -free number for purposes of such reporting: 1- 888 -313 -4747 B. DESIGNATION OF CONTACT FOR MAKING SERVICE REQUESTS *Please place a check on the line beside the option selected. These options and attendant duties are discussed in Pro -Forma Tariff section 4.11.1. Competitive Retailer will direct Retail Customers to call Competitive Retailer to make service requests and will then electronically forward such information to Company. Competitive Retailer will direct Retail Customers to call Competitive Retailer to make service requests and will then forward such calls to Company at the following toll -free number: 1- 888 - 313 -61362 178 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC Appendix A Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: January 1, 2002 Revision: Original Competitive Retailer will direct Retail Customers to directly call or contact Company to make service requests. Competitive Retailer will provide Retail Customer with the following Company supplied toll -free number for purposes of making such requests. 1 -888 -313 16862 III. TERM This Agreement shall commence upon the date of execution by both Parties (the "Effective Date ") and shall terminate upon mutual agreement of the Parties or upon the earlier of the date (a) Competitive Retailer informs the Company that it is no longer operating as a Competitive Retailer in Company's service territory; (b) a new Delivery Service Agreement between the Parties hereto becomes effective; or (c) Competitive Retailer is no longer certified by the Commission as a Retail Electric Provider in Company's certificated service area. Termination of this Agreement, for any reason, shall not relieve Company or Competitive Retailer of any obligation accrued or accruing prior to such termination. IV. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. V. SIGNATURES Company (insert name) (legal signature) (date) Competitive Retailer (insert name) (legal signature) (date) 179 n n 0 3 m z N ATTACHMENT 2 PUC DOCKET NO. 38929 SOAH DOCKET NO. 473-11-2330 APPLICATION OF ONCOR ELECTRIC § BEFORE THE DELIVERY COMPANY LLC FOR § PUBLIC UTILITY COMMISSION AUTHORITY TO CHANGE RATES § OF TEXAS h�as».vz6" TO THE HONORABLE PUBLIC UTILITY COMMISSION OF TEXAS: As of April 8, 2011, Oncor Electric Delivery Company LLC ( "Oncor" or "Company ") and certain parties to this docket have reached a Memorandum of Settlement ( "MOS"). attached hereto as Exhibit A, concerning the Application of Oncor Electric Delivery Company LLC for Authority to Change Rates. Based upon the MOS, the following parties have joined in this comprehensive and unopposed Stipulation ( "Stipulation ") regarding all issues in this docket: Oncor; the Staff of the Public Utility Commission of Texas ( "Staff'); the Office of Public Utility Counsel; State agencies and institutions of higher education ( "State Agencies "); Texas Industrial C Energy Consumers; the Steering Committee of Cities Served by Oncor ( "Cities "); the Alliance of Oncor Cities ( "AOC "); Wal -Mart Stores Texas, LLC and Sam's East, Inc.; and The Kroger Co. (hereinafter collectively referred to as "Signatories "). The Signatories agree that a negotiated resolution of this proceeding on the basis set forth in this Stipulation and related tariffs is in the public interest, provides just and reasonable rates, and will conserve the parties' and the publics resources and eliminate controversy. Accordingly, the Signatories request approval of this Stipulation by the Public Utility Commission of Texas ( "Commission ") and entry of an Order (including findings of fact and conclusions of law) and approval of tariffs ( "Tariffs") as set out in Exhibit B hereto. All of the other parties to this docket have agreed that they do not oppose the Commission entering a final order consistent with this Stipulation. 1 The following parties are not Signatories to this Stipulation but have agreed that they do not oppose it and do not oppose the Commission entering a final order consistent with this Stipulation: Reliant Energy Retail Services, LLC; CenterPoint Energy Houston EIectric, LLC; Alliance for Retail Markets; Nucor Steel - Texas; TXU Energy Retail Company LLC; Texas Energy Association for Marketers; Environmental Defense Fund; Brazos Electric Power Cooperative, Inc.; Tex -La Electric Cooperative of Texas, Inc.; Rayburn Country Electric Cooperative, Inc.; IBEW Local 69; and Texas Cotton Ginners' Association & St. Lawrence Cotton Growers' Association. 1 I. By this Stipulation, the Signatories resolve all issues among them related to this proceeding and hereby stipulate and agree as follows and request the Commission enter the proposed final Order attached hereto as Exhibit B (including the proposed Tariffs attached thereto) that reflects the following: A. Base Rate Revenue Increase Oncor's total base rate revenue requirement will be increased by $136,722,048 over current rate revenues [which include post -test year transmission cost of service ( "TCOS ") and transmission cost recovery factor ( "TCRF ") adjustments], resulting in a total cost of service of $2,945,899,486, as reflected in Column (d) (Proposed Rates) of the attached Exhibit A (MOS) at Exhibit A. The Signatories have also agreed to and developed rates based upon the Proposed Rates for each customer class as reflected in Column (d) of the attached Exhibit A (MOS) at Exhibit A, which results in a change in rates for each customer class as reflected in Column (e) and a percentage change for each customer class as reflected in Column (f). The calculated rates have been incorporated in the Tariffs that are attached hereto at Exhibit B (Proposed Order) at Exhibits B1, B2, B3, and B4. B. Financial Matters Oncor's Weighted Average Cost of Capital ( "WACC'') shall be 8.14% based upon a 6.73% Cost of Debt, an authorized Return on Equity ("ROE ") of 10.25 %, and an authorized regulatory capital structure of 60% long -term debt and 40% equity. The foregoing WACC, Cost of Debt, ROE, and capital structure will apply, in accordance with PURA and Commission rules, in all Commission proceedings or Commission filings requiring application of Oncor's Cost of Debt, WACC. ROE, or capital structure to the same extent as if these factors had been determined in a final order in a fully- litigated proceeding. C. Prudence Findin2 Regarding Investment: The Signatories agree to a Commission finding that all Oncor investment through the end of the test year (June 30, 2010), as presented in Oncor's rate filing package ( "RFP "), is prudent and includable in rate base. A determination of prudence regarding Oncor's investment made after June 30, 2010. (whether now in rates through interim TCOS and TCRF or non -TCOS in nature) will be reserved until Oncor's next general base rate case. This paragraph does not waive the rights of certain parties to continue their appeals of Docket No. 35717 with respect to the prudence of certain automated meters. This paragraph also does not apply to investment subject to recovery through the Advanced Metering System ("'AMS ") 2 Public Utility Regulatory Act, Tex. Util. Code Ann. §§ 11.001- 66.016 (Vernon 2007 & Supp. 2010) ( "PURA "). 3 Application of Oncor Electric Delivery Company LLC for Authority to Change Rates, Docket No. 35717. Order on Rehearing (Nov. 30, 2009). 2 surcharge approved in Docket No. 35718. The Signatories stipulate that Oncor's total rate base as of June 30, 2010 is $8,098,414,835. D. Prospective Franchise Fees To reflect the opinion of the District Court in the Docket No. 35717 appeal and the Commission's recent decision in Docket No. 38339,' Oncor agrees to increase franchise fees to the contractual annual amount, to begin within 60 days after entry of a final order in this proceeding or July 1, 2011, whichever is later, but in any event retrospective to July 1, 2011. With the exception of Staff, the Signatories agree that this Stipulation resolves all outstanding appeals relating to municipal franchise fees in Docket No. 35717. Staff takes no position on that issue. E. Resmiatory Surcharge (Retrospective Franchise Fees and Rate Case Expenses): To reflect the opinion of the District Court in the Docket No. 35717 appeal and the Commission's recent decision in Docket No. 38339, within 60 days after entry of a final order in this proceeding, Oncor will pay the municipalities in its service territory retrospective franchise fees (calculated from the date that the rates approved in Docket No. 35717 went into effect through July 1, 2011) and rate case expenses (through July 1, 2011) and recover those amounts, plus Oncor's rate case expenses balance (through July 1, 2011) over three years in a separate surcharge with no carrying charges. Rate case expenses incurred after July 1, 2011 will be captured in a regulatory asset and preserved for recovery consideration in Oncor's next general base rate case. The total amount of retrospective franchise fees, calculated through June 30, 2011, plus C interest at the Commission - established rate, is $21,848,230. The Regulatory Surcharge rider (Rider RS) included in the proposed Tariffs currently includes only these amounts for retrospective franchise fees. The Signatories have agreed that the issue of the appropriate level of rate case expenses shall be resolved in Docket No. 39239,`' where that issue is currently pending. Once the Commission has issued an order approving the Ievel of rate case expenses to be recovered, Oncor will make a compliance filing with the Commission to adjust Rider RS to include the approved rate case expenses. The Signatories agree that the allocation factors to be used for Rider RS are reflected in the Supplemental Direct Testimony of J. Michael Sherburne at Exhibit JMS -SD -3. Rider RS will take effect January 1, 2012. F. Rate NTS The Signatories agree that the transmission cost of service, as reflected in the Network Transmission Revenue row on the attached Exhibit A (MOS) at Exhibit A, shall be set as reflected in the attached Exhibit A (MOS) at Exhibit C. 4 Oncor Electric Delivery Company LLC's Request For Approval Of Advanced Metering System (AMS) Deployment Plan And Request For Advanced Metering System (AMS) Surcharge, Docket No. 35718, Order (Aug. 28, 2009). 5 CenterPoint Energy Houston Electric, LLC for Authority to Change Rates, Docket No. 38339 (pending). 6 Application of Oncor Electric Delivery Company LLC for Rate Case Expense Severed from PUC Docket No. 38929, SOAH Docket No. 473 -11 -2330, Docket No. 39239 (pending). 3 G. Rider SCUD (State Colleges and Universities Discount Oncor will reinstate Rider { SCUD without passing on any revenue shortfall to customers. If subsequent legislation eliminates or changes Rider SCUD, or upon a final, non - appealable court order that Rider SCUD is not applicable under current law, Oncor will change or eliminate the Rider SCUD discount consistent with any such legislation or court order. If Rider SCUD is changed or eliminated, any such change or elimination shall take effect prospectively following the effective date of applicable legislation or the issuance of a mandate by the court of last resort. No surcharge will be implemented or applied to recoup any Rider SCUD discount. H. Cost Allocation and Rate Design The Signatories agree that costs shall be allocated among the customer classes consistent with the Proposed Rates reflected in Column (d) of the attached Exhibit A (MOS) at Exhibit A. The Signatories agree to the rate design and tariff Ianguage as proposed by Oncor in its RFP [which includes (1) eliminating the Transmission System Charge and thereby recovering all of Oncor's transmission expense through its TCRF as provided for in proposed Rider TCRF, and (2) modifications to the ratchet provisions in the Secondary >10 kW Class], subject to the following changes: 1. For TCRF, Oncor will use the 2010 unadjusted 4CP figures instead of the 2009 adjusted 4CP figures. The 2010 unadjusted 4CP figures are detailed in the Supplemental Direct Testimony of J. Michael Sherburne at Exhibit JMS -SD -1; and 2. Changes to the tariff language, which have been as reflected in the Tariffs attached to the proposed Order attached hereto as Exhibit B. 1. _Depreciation Oncor will use the depreciation rates it proposed in its direct case in this proceeding. Those rates are the same as the rates approved by the Commission in Docket No. 35717, with the exception that Oncor's proposal reflects an increase in the depreciation rate for intangible plant assets, which increase is reflected in the agreed total annual cost of service. The new agreed annual amortization rate for Account 303 (intangible plant) is 12.56 %. J. Meter Costs The Signatories agree to the amount of meter - reading costs and ad valorem taxes included in Oncor's new rates, to the extent those costs are related to meters that are being replaced pursuant to Oncor's Commission- approved AMS Deployment Plan. These numbers can be derived from Oncor's RFP and are as follows: 1. Meter - reading costs — $15,785,691; and 2. Ad valorem taxes— $1,322,281. K. Regulatory Assets and Certain Accruals Oncor will amortize its total regulatory asset balance as of June 30, 2010, as presented in the Company's RFP (old and new, self - insurance or "storm" reserve and pension/other postretirement benefits ( "OPEB" A over eight (8) years, with such revised amortization to begin on January 1, 2012. The Signatories agree that the amount of the new annual amortizations are as follows: 11 1. Self- insurance reserve — $31,514,420 ($252,115,362 balance / 8 years); 2. Pensions — $9,113,738 ($72,909,900 balance / 8 years); and 3. OPEBs — $6,921,963 ($55,375,706 balance / 8 years). Until January 1, 2012, Oncor will continue the amortizations of its regulatory asset balances at the levels approved in the Order on Rehearing in Docket No. 35717. Oncor will continue annual accruals for the self- insurance reserve, pensions, and OPEBs at the levels approved in the Order on Rehearing in Docket No. 35717. L. Effective Dates for Rates and Riders Oncor shall phase -in rates as follows: 1. $93,722,048 million base rate revenue increase to be effective the later of thirty (30) days after a final Commission order is signed, or July 1, 2011 ( "Phase I Tariffs'); 2. $43 million base rate revenue increase effective January 1, 2012 ( "Phase Il Tariffs "); 3. Regulatory Surcharge effective January 1, 2012 ( "Rider RS "); and 4. All new amortizations (self- insurance reserve and pensions /OPEBs) begin January 1, 2012. M. Interim Rates The Administrative Law Judges or the Commission will approve interim /temporary rates consistent with the Stipulation effective July 1, 2011, pursuant to PURA § 36.109 and Commission Procedural Rule 22.125, should permanent rates not be approved and in effect by that date. In no event shall the permanent rates take effect sooner than 30 days after the Commission order(s) approving the Stipulation and Tariffs are signed. N. Rate Freeze for General Base Rate Case Oncor will agree to not file a general base rate case before July 1, 2013; provided that Oncor has no obligation to file a rate case on that or any other date, and Oncor is entitled to file interim rate updates and adjust rates as allowed by Texas law and Commission rules, including, but not limited to, interim TCOS updates, TCRF updates, Energy Efficiency Cost Recovery Factor updates, AMS Surcharge filings, and other investment or cost updates that may exist now or in the future as a result of legislative or Commission action. Nothing in this paragraph is intended to limit the ability of a regulatory authority to initiate an Oncor rate case at any time. 5 II. The Signatories agree that the terms of this Stipulation are fair, reasonable, and in the public interest. The Signatories further stipulate to the facts contained in the proposed Order attached hereto as Exhibit B and support and will take all reasonable efforts to obtain the prompt adoption of an order by the Commission consistent with this Stipulation as reflected in the attached proposed Order. The Signatories further agree to defend the terms of this Stipulation as set forth herein. The Signatories agree that this Stipulation does not affect any pending appeal of the Commission's final decision in Docket No. 35717 except as specifically provided for in this Stipulation. III. This Stipulation has been drafted by all Signatories and is the result of negotiation, compromise, settlement, and accommodation. The Signatories agree that the terms and conditions herein are interdependent. The various provisions of this Stipulation are not severable. None of the provisions of this Stipulation shall become fully operative unless the Commission shall have entered a final order approving this Stipulation consistent with the proposed Order. If the Commission does not accept this Stipulation as presented, or issues an interim or final order inconsistent with the terms of this Stipulation or the proposed Order, the Signatories agree that any Signatory adversely affected by that alteration has the right to withdraw from this Stipulation, thereby becoming released from its obligations arising hereunder, and to proceed as otherwise permitted by law to exercise all rights available under the law. The right to withdraw must be exercised by providing the other Signatories written notice within twenty (20) calendar days of the date the Commission order acting on this Stipulation is filed. Failure to provide such notice within the specified time period shall constitute a waiver of the right to withdraw and acceptance of the changes to this Stipulation made by the Commission. IV. This Stipulation is binding on each of the Signatories only for the purpose of settling the issues as set forth herein and for no other purposes. The matters resolved herein are resolved on the basis of a compromise and settlement. Except to the extent that this Stipulation expressly governs a Signatory's rights and obligations for future periods, this Stipulation shall not be 0 binding or precedential on a Signatory outside of this proceeding except for a proceeding to enforce the terms of this Stipulation. The Signatories agree that a Signatory's support of the resolution of this docket in accordance with this Stipulation may differ from its position or testimony regarding contested issues of law, policy, or fact in other proceedings before the Commission or other forum. Because this is a Stipulation, a Signatory is under no obligation to take the same position as set out in this Stipulation in other proceedings not referenced in this Stipulation whether those dockets present the same or a different set of circumstances. A Signatory's agreement to entry of a final order of the Commission consistent with this Stipulation should not be regarded as an agreement to the appropriateness or correctness of any assumptions, methodology, or legal or regulatory principle that may have been employed in reaching this Stipulation. V. This Stipulation contains the entire agreement among the Signatories. Moreover, this Stipulation supersedes all other written and oral exchanges or negotiations among the Signatories or their representatives with regard to the subjects contained herein. To the extent this Stipulation may be different from the MOS, or may contain additional terms to the MOS, this Stipulation controls. The Signatories hereby waive the right to an evidentiary hearing in this proceeding and waive cross - examination of all witnesses. VI. Each person executing this Stipulation represents that he or she is authorized to sign this Stipulation on behalf of the party represented. Facsimile copies of signatures are valid for purposes of evidencing this Stipulation, which may be executed in multiple counterparts. VII. WHEREFORE, PREMISES CONSIDERED, the Signatories respectfully request that this Honorable Commission enter an order consistent with the terms of this Stipulation. 7 AGREED: ONCOR ELECTRIC DELIVERY COMPANY LLC BY: . LAO C. lP "/ 7 7 1 STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket No. 357.17 franchise fee appeal, about which Staff takes no position. :• OFFICE OF PUBLIC UTILITY COUNSEL im STATE AGENCIES TEXAS INDUSTRIAL ENERGY CONSUMERS AGREED: ONCOR ELECTRIC DELIVERY COMPANY LLC FM STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket Ato. 35717 franchise fee appeal, about which Staff tapes no Position. Ell 0 OFFICE OF PUBLIC UTILITY COUNSEL STATE AGENCIES TEXAS INDUSTRIAL ENERGY CONSUMERS m- G: AGREED: ONCOR ELECTRIC DELIVERY COMPANY LLC BY: STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket No. 35717 franchise fee appeal, about which Staff takes no position. m OFFICE OF PUBLIC UTILITY COUNSEL BY: CCU STATE AGENCIES :' TEXAS INDUSTRIAL ENERGY CONSUMERS BY: 10 AGREED: ONCOR ELECTRIC DELIVERY COMPANY LLC BY: STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket No. 35 717 franchise fee appeal, about which Staff takes no position. BY: OFFICE OF PUBLIC UTILITY COUNSEL IN STATE AGENCIES BY: S �"�"L v y` TEXAS INDUSTRIAL ENERGY m AGREED: ONCOR ELECTRIC DELIVERY COMPANY LLC LOSSIA STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the DocketNo, 35717 fee appeal, about which Staff takes no position. OFFICE OF PUBLIC UTILITY COUNSEL STATE AGENCIES TEXAS INDUSTRIAL ENERGY CONSUMERS f: 11 12 AGREED: STEERING COMMITTEE OF CITIES SERVED BY ONCOR ALLIANCE OF ONCOR CITIES WAL -MART STORES TEXAS, LLC, AND SAM'S EAST, INC. BY: ( t.G�oSr C 0�� THE KROGER CO. I: 13 AGREED: STEERING COMMITTEE OF CITIES SERVED BY ONCOR fto ALLLANCE OF ONCOR CITIES N BY: WAL -MART STORES TEXAS, LLC, AND SAM'S EAST, INC. r:39i { THE KROGER CO. m C 14 AGREED: STEERING COMMITTEE OF CITIES SERVED BY ONCOR am ALLIANCE OF ONCOR CITIES f'� WAL -MART STORES TEXAS, LLC, AND SAM'S EAST, INC. 1 THE KROGER CO. BY: i�i 15 The following parties do not agree to this Stipulation and are not "Signatories" thereto, but agree that they do not and will not oppose the Commission entering a final order consistent with this Stipulation. The following parties also waive the right to an evidentiary hearing in this proceeding and waive cross - examination of all witnesses: RELIANT ENERGY RETAIL SERVICES, LLC : CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC ALLIANCE FOR RETAIL MARKETS : NUCOR STEEL - TEXAS M . TXU ENERGY RETAIL COMPANY LLC n-V TEXAS ENERGY ASSOCIATION FOR MARKE TERS 16 The following parties do not agree to this Stipulation and are not "Signatories" thereto, but agree that they do not and will not oppose the Commission entering a final order consistent with this Stipulation. The following parties also waive the right to an evidentiary hearing in this proceeding anal ivaive cross - examination of all witnesses: RELIANT ENERGY RETAIL SERVICES, LLC C:EN FERPOINT ENERGY HOUSTON ELECTRIC, LLC LIM ALLIANCE FOR RETAIL, MARKETS BY: NUCOR STEEL - TEXAS BY: TXU ENERGY RETAIL COMPANY LLC F.OWN TEXAS ERGY ASSOCIATION F R MARKETERS BY: 17 ENVIRONMENTAL DEFENSE FUND r BRAZOS ELECTRIC POWER COOPERATIVE, INC. BY: TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. BY: RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. I 1 -ya IBEW LOCAL 69 MIA TEXAS COTTON GINNERS' ASSOCIATION & ST. LAWRENCE COTTON GROWERS' ASSOCIATION m- ENVIRONMENTAL DEFENSE FUND BRAZOS ELECTRIC POWER COOPERATIVE, INC. 7 BY: �� �Q2�►5 �La�viL TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. BY: RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. i IBEW LOCAL 69 L TEXAS COTTON DINNERS' AS'SOCLATION .& ST. LAWRENCE COTTON GROWERS' ASSOCIATION f.a 19 ENVIRONMENTAL DEFENSE FUND Im BRAZOS ELECTRIC POWER COOPERATIVE, INC. Im TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. : RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. BY: IBEW LOCAL 69 BY: z evy C. TEXAS COTTON GINNERS' ASSOCIATION & ST. LAWRENCE COTTON GROWERS' ASSOCIATION BY: * 20 ENVIRONMENTAL DEFENSE FUND BRAZOS ELECTRIC POWER COOPERATIVE, INC. Im TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. mm RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. m - IBEW LOCAL 69 TEXAS COTTON GINNERS' ASSOCIATION & ST. LAWRENCE. COTTON GROWERS' ASSOCIATION L 2I ATTACHMENT 2 EXHIBIT A CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 MEMORANDUM OF SETTLEMENT This. Memorandurn of Settlement ( "MOS ") documents the agreement of the signatory parties (the "Signatories ") with regard to Oncor's 2011 general base rate case, Docket No. 38929. The Signatories agree to finalize a full and comprehensive stipulation (the "Stipulation ") and compliance tariffs consistent with and based upon the agreed terms as stated in this MOS, and to seek Commission approval of that Stipulation. The Stipulation shall include the following terms, and other necessary and customary terms and conditions that are consistent with the following terms: Base Rate Revenue Increase: Total base rate revenue requirement increase of $136,722,048 over current rate revenues (including post -test year TCOS and TCRF adjustments), which results in a total cost of service of $2,945,899,486, as reflected in Column (d) (Proposed Rates) of the attached Exhibit A, and which is based upon a 60140 capital structure and 10.25% ROE. The Signatories have also agreed to develop rates based upon the Proposed Rates for each customer class as reflected in Column (d) of the attached Exhibit A, which results in a change in rates for each customer class as reflected in Column (e) and a percentage change for each customer class as reflected in Column (1) . Rider SCUD: Oncor will agree to reinstate Rider SCUD (without passing on any cost short Call to customers). If subsequent legislation eliminates or changes Rider SCUD, or upon a final, non - appealable court order that Rider SCUD is not applicable under current law, Oncor will change or eliminate the Rider SCUD discount consistent with any such legislation or court order. Rate Freeze: Oncor will agree to not file a general base rate case before July 1, 2013; provided that, Oncor has no obligation to file a rate case on that or any other date, and Oncor is entitled to file interim rate updates as allowed by Texas law and Commission rules, including, but not limited to, Interim TCOS updates, TCRF updates, EECRF updates, AMS Surcharge filings, and other investment or cost updates that may exist now or in the future as a result of legislative or Commission action. Nothing in this paragraph is intended to limit the ability of a regulatory authority to initiate an Oncor rate case at any time. Prudence Finding: Finding that all Oncor investment through the end of the test year (June 30, 2010), as presented in Oncor's rate fling package, is prudent and includable in rate base. A determination of prudence regarding Oncor's investment made after June 30, 2010, (whether now in rates through Interim TCOS/TCRF or non -TCOS in nature) will be reserved until Oncors next general base rate case. This section does not waive the rights of certain parties to continue their appeals of Docket No. 35717 with respect to the prudence of certain automated meters. • Depreciation: Use of depreciation rates proposed by Company in their direct case. Regulatory Assets and Certain Accruals: Amortize total regulatory asset balance as of June 30, 2010, as presented in Oncor's rate filing package (old and new, storm and pension /OPEB). over 8 years, with amortization beginning January 1, 2012. Oncor will continue annual accruals for pensions, OPEBs, and storm (property insurance) reserve at the levels approved in the final Order on Rehearing in Docket No. 35717. Prospective Franchise Fees: To reflect the opinion of the District Court in the Docket 35717 appeal and the Commission's recent decision in the CNP case (Docket 38339), Oncor agrees to increase franchise fees to contractual annual amount (to begin within 60 days after final order or July 1, whichever is later, but in any event retroactive to July 1). With the exception of Staff, the Signatories agree that this MOS resolves all outstanding appeals relating to municipal franchise fees in Docket No. 35717. Staff takes no position on that issue. CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 Cost Allocation and Rate Design: The Signatories agree that costs shall be allocated among the customer classes consistent with the Proposed Rates reflected in Column (d) of the attached Exhibit A. The Signatories agree to support the rate design and tariff language as proposed by Oncor in its rate filing, subject to the following changes: o For TCRF, Oncor will use the 2010 unadjusted 4CP figures instead of the 2009 adjusted 4CP figures; o changes to the tariff language as reflected on the attached Exhibit 13; and o any other such changes that may be agreed to by the Signatories. Interim Rates: SOAH AUs or PUC will approve temporary /interim rates consistent with the settlement effective July 1, 2011, pursuant to PURA §36.109 and PUC Procedural Rule 22.125, should permanent rates not be approved and in effect by that date. In no event shall the permanent rates take effect sooner than 30 days after the Commission Order(s) approving the settlement and tariffs is (are) signed. Regulatory Surcharge (Retroactive Franchise Fees and Rate Case Expenses): To reflect the opinion of the District Court in the Docket 35717 appeal and the Commission's recent decision ill the CNP case (Docket 38339), within 60 days after final order Oncor will pay cities retroactive franchise fees (calculated from the date that the rates approved in Docket No. 35717 went into effect through July 1, 2011) and rate case expenses (through July 1, 2011) and recover those amounts, plus Oncor's rate case expenses balance (through July 1, 2011) over three years in a separate surcharge with no carrying charges. Rate case expenses incurred after July 1, 2011 will be captured in a regulatory asset and preserved for recovery consideration in Oncor's next general base rate case. • Effective Dates for Rates and Riders: Oncor shall phase -in rates as follows: $93,722,048 million base rate revenue increase effective July 1, 2011 or, with regard to permanent rates, 30 days after the Commission Order(s) approving the settlement and tariffs is (are) signed (includes prospective franchise fees) $43 million base rate revenue increase effective January 1, 2012, Regulatory Surcharge effective January 1, 2012. - All new amortizations (storm and pensions /OPEBs) begin January 1, 2012. Rate NTS: The Signatories agree that the transmission cost of service, as reflected in the Network Transmission Revenue row on the attached Exhibit A, shall be set as reflected in the attached Exhibit C. 2 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 AGREED TO AS OF APRIL 8,2011: ONCOR EZECTRIC DFJEIY- RYCOMPANY LLC M'i'd STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket No. 35717 franchise fee appeal, about which Stuff takes no position. C OFFICE OF PUBLIC UTILITY COUNSEL STATE AGENCIES Unopposed Subject to OAG Executive Administration Approval : TEXAS INDUSTRIAL ENERGY CONSUMERS am CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 AGREED TO AS OF APRIL 8,2011: ONCOR ELECTRIC DELIVERY COMPANY LLC FUM STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket No. 3571 7 franchise fire appeul, ubow which Stull' takes no posi q . BY: OFFICE OF PUSLIC / , 644- 0 1 1//1 /D1✓ LITY COUNSEL STATE AGENCIES Unopposed .Subject to OAG Execurive Administration Approval In TEXAS INDUSTRIAL ENERGY CONSUMERS LOW 11 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 AGREED TO AS OF APRIL 8,2011: ONCOR FIECTRIC DMIYER OMPANY LLC sY: /fr STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket No. 35717 franchise fee appeal, about which .Staff takes no position. 1NA OFFICE OF PUBLIC UTILITY COUNSEL BY: .! K, J-9 . STATE AGENCIES Unopposed Subject to OA Executive Administration Approval m TEXAS INDUSTRIAL ENERGY CONSUMERS L- 5 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 AGREED TO AS OF APRIL 8,2011: ONCOR ELECTRIC DELIVERY COMPANY LLC I W Id STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket No. 35717 franchise fee appeal, about which Staff takes no position. I'�� OFFICE OF PUBLIC UTILITY COUNSEL STATE AGENCIES Subject to OA Executive Administration Approval W A 1.WN I T[ /1I 2/ , Fi © 5 U S ti-AU M i< 6 LL,- y 6 S-s r s - rArv7 - A 77 R1vE r G Y� r9L TEXAS INDUSTRIAL ENERGY CONSUMERS ON CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 ( AGREED TO AS OF APRIL 8, 2011: ONCOR ELECTRIC DELIVERY COMPANY LLC fflu STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS Agreed, except with regard to the Docket No. 35717 franchise fee appeal, about which Staff takes no position. OFFICE OF PUBLIC UTILITY COUNSEL M STATE AGENCIES Unopposed Subject to OA Executive Administration Approval I TEXAS INWWRIAL ENERGY CONSUMERS 7 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 AGREED TO AS OF APRIL 8,2011: STEERING COMMITTEE OF CITIES SERVED BY ONCOR ALLIANCE OF ONCOR CITIES WAL -MART STORES TEXAS, LLC, AND SAM'S EAST, INC. I� THE KROGER CO CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 AGREED TO AS OF APRIL 8,2011: STEERING COMMITTEE OF CITIES SERVED BY ONCOR I:' ALLIANCE OF ONCOR CITIES G1-� mm WAL -MART STORES TEXAS, LLC, AND SAM'S EAST, INC. :m THE KROGER CO ai G� CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 AGREED TO AS OF APRIL 8, 2011: STEERING COMMITTEE OF CITIES SERVED BY ONCOR BY: ALLIANCE OF ONCOR CITIES :_ WAL -MART STORES TEXAS, LLC, AND SAM'S EAST, INC. i Digitally signed by Rick D. Chamberlain Rick D. C h a m b e r l a i n em [n =Rick D. Chamberlain, o, ou =A[IVrney at Law, email= rdc_law @swbell.ne[, r —US Date: 2011.04.12 10:15:49 - 05'00' THE KROGER CO 11111 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 AGREED TO AS OF APRIL 8,2011: STEERING COMINTITTEE OF CITIES SERVED BY ONCOR ml ALLIANCE OF ONCOR CITIES WAL -MART STORES TEXAS, LLC, AND SAM'S EAST, INC. BY: THE KROGER CO a. k��rk7 Vo f K, 4j./ 4 Cv CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 The following Parties do not agree to this MOS and are not "signatories" thereto, but agree that they will not oppose the Commission entering a final order consistent with this MOS: RELIANT ENERGY RETAIL SERVICES, LLC I: CENTERPOINT ENERGY HOU N ELECTRIC, LLC ALLIANCE FOR RETAIL MARKETS m . UA NUCOR STEEL - TEXAS I: /`C 1 TXU ENERGY RETAIL COMPANY LLC N. /d'3rdo TEXAS ENERGY ASSOCIATION F MARKETERS 12 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 The following Parties do not agree to this MOS and are not "signatories" thereto, but agree that they will not oppose the Commission entering a final order consistent with this MOS: RELIANT ENERGY RETAIL SERVICES, LLC M . CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC ALLIANCE FOR RETAIL MARKETS NUCOR STEEL - TEXAS BY: � ( A 6? 1�1.e 1 04 �� .1 oid & AeLpte, TXU ENERGY RETAIL COMPANY LLC 17: TEXAS ENERGY ASSOCIATION FOR MARKETERS 9W 13 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 The following Parties do not agree to this MOS and are not "signatories" thereto, but agree that they will not oppose the Commission enterhig a final order consistent with this MOS: TEXAS ENERGY ASSOCIATION FOR MARKETERS BY: ANREF* MED&ANO ENVIRONMENTAL DEFENSE FUND BRAZOS ELECTRIC POWER COOPERATIVE, INC. TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. M RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. IM IBEW LOCAL 69 : 14 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 The following Parties do not agree to this MOS and are not "signatories" thereto, but agree that they will not oppose the Commission entering a final order consistent with this MOS: • A Aeft -/ ENVIRONMENTAL DEFENSE FUND BY: Shannon K. McClendon BRAZOS ELECTRIC POWER COOPERATIVE, INC. I:' C TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. M. RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. BY: 1BEW LOCAL 69 IM TEXAS COTTON GINNERS' ASSOCIATION & ST LAWRENCE COTTON GINNERS'ASSOCIATION 15 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 The following Parties do not agree, to this MOS and are not "signatories" thereto, but agree that they will not oppose the Commission entering a final order consistent with this MOS: ENVIRONMENTAL DEFENSE FUND BY: BRAZOS ELECTRIC POWER COOPERATIVE, INC. BY: /` W TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. IM IBEW LOCAL 69 m TEXAS COTTON GINNERS' ASSOCIATION & ST LAWRENCE COTTON GINNERS'ASSOCIATION BY: Tl CONFIDENTIAL SETTLEMENT PROPOSAL, PROVIDED PURSUANT TO THE 408 The following Parties do not agree to this MOS and are not "signatories" thereto, but agree that they will not oppose the Commission entering a final order consistent with this MOS: TEXAS ENERGY ASSOCIATION FOR MARKE TERS ffim ENVIRONMENTAL DEFENSE FUND ffim C BRAZOS ELECTRIC POWER COOPERATIVE, INC. f:3`s TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. ]BY: RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. IBEW LOCAL 69 BY: 17 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 The following Parties do not agree to this MOS and are not "signatories" thereto, but agree that they will not oppose the Commission entering a final order consistent with this MOS: ENVIRONMENTAL DEFENSE FUND :• BRAZOS ELECTRIC POWER COOPERATIVE, INC. : TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. IBEW LOCAL 69 I TEXAS COTTON GINNERS' ASSOCIATION & ST LAWRENCE COTTON GINNERS'ASSOCIATfON 18 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 The following Parties do not agree to this MOS and are not "signatories" thereto, but agree that they will not oplpose the Commission entering a final order consistent with this MOS.- ENVIRONMENTAL DEFENSE FUND BRAZOS ELECTRIC POWER COOPERATIVE, INC. TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC. r." RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. IBEW LOO&L 59 BY:cL TEXAS COTTON GINNERS' ASSOCIATION & ST LAWRENCE COTTON GINNERS'ASSOCIATION BY: 19 CONFIDENTIAL SETTLEMENT PROPOSAL PROVIDED PURSUANT TO THE 408 The following Parties do not agree to this MOS and are not "signatories" thereto, but agree that they will not oppose the Commission entering a final order consistent with this MOS: ENVIRONMENTAL DEFENSE FUND BRAZOS ELECTRIC POWER COOPERATIVE, INC. BY: TEX -LA ELECTRIC COOPERATIVE OF TEXAS, INC. RAYBURN COUNTRY ELECTRIC COOPERATIVE, INC. IBEW LOCAL 69 BY: TEXAS COTTON GINNERS' ASSOCIATION & ST LAWRENCE COTTON GINNERS'ASSOCIATION ( BY: A mkx v 20 PUC DOCKET NO. 38929 ONCOR ELECTRIC DELIVERY COMPANY LLC SUMMARY OF PROPOSED RATES BY CUSTOMERS AND RATE CLASS N Run 2011 -04 -01 ! Baseline (revised) with Kit's Settlement Numbers (416!11 @ 3:54 pm) and Wholesale Settlement Rate Class Description (a) Residential Secondary <_ 10 kW Secondary > 10 kW Primary <_ 10 kW Primary > 10 kW Dist. Line Primary Substation Transmission Lighting Total Wholesale Substation Wholesale DLS Other Revenue Grand Total Number of Customers (b) 2,685,933 218,606 179,563 1,924 4,035 66 174 69,125 3,159,426 16 64 3,159, 506 Network Transmission Revenue Transmission Related Other Revenues Total Cost of Service Present Rates' (c) $1,042,474,076 $50,820,513 $871,493,769 $551,514 $112,365,844 $11,815,877 $47,123,142 $51,701,265 $2,188,346,000 $459,606 $2,038,454 $49,146,271 $2,239,990,331 $544,310,069 $24,942,038 $2,809,242,438 Proposed Rates (d) $1,107,010,869 $53,198,343 $935,970,079 $623,702 $111,905,556 $11,765,877 $46,612,854 $58,827,584 $2,325,914,864 $474,113 $2,108,453 47,497,068 $2,375,994,498 $544,310,069 $25,594,919 $2,945,899,486 Proposed Change (e) $64,536,793 $2,377,830 $64,475,310 $72,188 ($460,288) ($50,000) ($510,288) $7,126,319 $137,568,864 $14,507 $69,999 ($1,584,203) $136,069,167 $0 $652,881 $136,722,048 D �D Change M 6.2% 4.7% 7.4% 13.1% -0.4% -0.4% -1.1% 13.8% 6.3% 3.2% 3.4% -3.2% 6.1 0.0% 2.6% 4.9% t Test -year revenues have been adjusted to annualize the Docket No. 35717 rate increase, to normalize billing units, to remove the revenues associated with Oncor's Advanced Metering Cost Recovery Factor, Energy Efficiency Cost Recovery Factor, and Rate Case Expense surcharge, and to increase test -year revenues to reflect TCOS and TCRF adjustments approved or pending after June 30, 2010. EXHIBIT B In the Tariff for Retail Delivery Service, Section 6.1.1.1.1 Residential Service, change the Availability section as follows: AVAILIBILITY This schedule is applicable to Delivery Service for residential purposes {which may include a small amount of non - residential usage incident to residential usage) of a permanent nature to Individual Private Dwellings (including their appurtenant structures) and to individually metered apartments when such Delivery Service is to one Point of Delivery and measured through one Meter and is not for shared or resale purposes. Residential Service is limited to one individual Private Dwelling per platted parcel of land or postal delivery address If a premise is primarily used for non - residential purposes, Delivery Service will be provided under the Company's appropriate Secondary Service or Primary Service rate schedule. This schedule is not available for non - residential service, including but not limited to water wells, electric gates, barns, garages, boat docks, airplane hangars hangt+, or recreational vehicle parks or for structures on the platted parcel requiring a separate meter In the Tariff for Transmission Service, Section 4.0, change the Facility Connection Requirements Definition as follows: FACILITY CONNECTION REQUIREMENTS. Requirements for connecting with Company's transmission system that are reflected in the current versions of Oncor Standard 500- 250 Guideline - Facility Connection Requirements for Radial Points of Interconnection at Transmission Voltages with Utilities; Oncor Standard 500 -251 Guideline — Facility Connection Requirements for Points of Interconnection at Transmission Voltage with Retail Customers; Oncor Standard 500 -252 Guideline — Facility Connection Requirements for Bi- Directional Points of Interconnection at Transmission Voltages with Electric Utilities; and Oncor Standard 500 -253 Guideline — Facility Connection Requirements for Points of Interconnection at Transmission Voltages with Generators; and in any other facility connection requirements adopted by Company subsequent to the approval of this Tariff if required by NERC, Texas Reliability Entity, or ERCOT and in any amendments to the facility connection requirements identified in this definition adopted subsequent to the approval of this Tariff if required by NERC,.Texas Reliability Entity, or ERCOT These Standards are available on the Company's websitc:. 22 N w - 0 m D x G) 2 mCIO O C-) cn PUC DOCKET NO. 38929 (Settlement) ONCOR ELECTRIC DELIVERY 'COMPANY LLC TOTAL COST OF SERVICE TEST YEAR ENDING JUNE 30, 2010 Line Settlement TCOS No Description TCOS 38495 Interim Update RFP Incrldecr 1 Operating and Maintenance Expenses 87,909,195 81,527,546 6,381,649 2 Depreciation, Amortization, & Other Expenses 138,493,534 135,743,982 2,749,552 3 Taxes Other Than Federal Income Tax 49,458,606 47,599,076 1,859,530 4 Federal Income Tax 65,563,416 60,290,071 5,273,345 5 6 Return on Rate Base 228,480,237 241,287,917 (12,807,680) 7 8 TOTAL COST OF SERVICE 569,904,988 566,448,592 3,456,396 9 10 Decommissioning Expense - - 11 12 Other Non- Bypassahle Charges - - 13 14 Minus: Other Revenues 25,594,919 22,138,523 3,456,396 15 16 TOTAL ADJUSTED REVENUE REOUIREMENT 544,310,069 544,310,069 0 Interest 113,792,935 121 ,809,601 (8,016,666) IBIT 180,250,718 179,768,387 482,331 FIT effective rate 36.4% 33.5% 2.84% - 0 m D x G) 2 mCIO O C-) cn N PUC DOCKET NO. 38929 (Settlement) ONCOR'ELECTRIC DELIVERY COMPANY LLC RATE BASE TEST YEAR ENDING JUNE 30, 2010 Line No Description Settlement TCOS TCOS 38495 Interim Update RFP Incrldecr 1 Original Cost of Plant 4,376,786,067 2 General Plant 70,565,023 .. 3 Communication Equipment 42,936,590 4 Total Plant 4,490,287,680 5 6 Minus: Accumulated Depreciation 1,233,876,948 x' ' 7 8 Net Plant In Service 3,256,410,732 3,272,708,860 (16,298,128) 9 10 Other Rate Base Items: 11 CWIP - - 12 Plant Held for Future Use 16,546,254 13,563,314 2,982,940 13 Accumulated Provisions 14 Materials & Supplies 52,348,621 29,456,595 22,892,026 15 Cash Working Capital (1,116,975) (1,934,179) 817,204 16 Prepayments 451,686 2,034,025 (1,582,339) 17 Other Rate Base Items (4,681,857) (15,085,000) 10,403,143 18 Regulatory Assets 17,473,874 3,320,874 14,153,000 19 Accumulated Deferred Income Taxes (519,380,452) (389,959,210) (129,421,242) 20 21 Subtotal (438,358,849) (358,603,581) (79,755,268) 22 23 TOTAL RATE BASE 2,818,051,883 2,914,105,279 (96,053,396) 24 25 Rate of Return 8.11% 8.28% -0 17% 26 27 RETURN ON RATE BASE 228,480,237 241,287,917 (12,807,680) vm DX G) _ M N � On Ti Cn schedule B Page 1 of 1 N ONCOR ELECTRIC DELIVERY COMPANY LLC Interim Update of Wholesale Transmission Cost of Service Rate Base Test Year Ended June 30, 2010 Sponsor: J. Michael Sherburne ich I1 pg 4, line 42, Cal (m) ich II - &5, pg 2, line 44, cd (m) Ines 3&4 total $3,256,410,729 (see fine 8 or Settlement TCOS schedule) Gross Plant Balance Approved Line Intangibles per Docket 38929 No. Description Rnal Order ich 11 -6, pg 1. line 12, ool (f) Communication i settlement TCOS Schedule, line 16 Direct Assigned: 212,063,435 Materiels & Supplies 52,348,621 Sch 11 -8, line 14, cd (f) FERC Accounts (350 - 362) 1 Original Plant In Service S 4,278,224,242 2 (Accumulated Depreciation) ( 3 Net Plant In Service 3,176,419,841 4 Allocated Plant Accounts - Net ' 79,990,888 5 Worldng Capital' (1,116,975) 6 Plant Held for Future Use ' 16,545,254 7 Regulatory Assets " 17,473,874 8 Other* 471,262 9 Subtotal (358,367,961) 10 Total Rate Base $ 2,818,051,880 11 Rate of Return 8.11% 12 Return On Rate Base $ 228,480,237 ' Same as last TCOS ich I1 pg 4, line 42, Cal (m) ich II - &5, pg 2, line 44, cd (m) Ines 3&4 total $3,256,410,729 (see fine 8 or Settlement TCOS schedule) Gross Plant Intangibles 98,561,822 Sch 11 -8-1, pg 2, line 6, od (m) Settlement TCOS Schedule, line 15 General 70,565,023 Sch 11-13-Z pg 2, line 19, col (m) ich 11 -6, pg 1. line 12, ool (f) Communication 42,936,590 Sch 11-13-3, pg 2, line 4, cal {m) settlement TCOS Schedule, line 16 Total 212,063,435 Materiels & Supplies 52,348,621 Sch 11 -8, line 14, cd (f) AcLrn Depreciation Prepayments 451,686 Sch 11 - 8, line 16, od (f) Intangibles (83,995,481) Sch 1I -13-5, pg 2, line 7, cd tm) Other Rate Base items (4,681,657) Sch II -B, line 17, cd (f) General (19,709,647) Sch II -B -5, pg 4, line 61, cd (m) Accum Deferred FIT 19,380,452) Sch 11-8, line 19, od (f) Communication (26,367,419) Sch II -13-5, pg 4, line 67, cd (m) Total (471,262,002) Total (132,072,547) Net General Plant 79,990,88a � Settlement TCOS Schedule, lines 2327 - 0 m D X Q _ M - w � O n C-71 Schedule B -1 Page 1 of 1 N rn ONCOR ELECTRIC DELIVERY COMPANY LLC Interim Update of Wholesale Transmission Cost of Service Transmission Plant Test Year Ended June 30, 2010 Sponsor: J. Michael Sherburne Sch II -B -1, page 2, lines 9 +10, col (m) Sch II -13-1, page 2, line 11, col (m) Sch 11 -13-1, page 2, line 12, col (m) Sch 11 -8 -1, page 2, line 13, col (m) Sch II -13-1, page 2, One 14, col (m) Sch II -13-1, page 2, line 15, col (m) Sch II -13-1, page 2, line 16, col (m) Sch II -13-1, page 2, line 17, col (m) Sch 11 -13-1, page 2, line 20, col (m) Sch II -13-1, page 4, lines 23 +37, col (m) Sch 11 -13-1, page 4, line 24, col (m) Balance Sch 11 -8 -1, page 4, line 39, col (m) Schedule / Approved per Line Acct. Sch I1 -13-1, page 4, line 42, col (m) Workpaper Docket 38929 No. No. Account Description Reference Final Order 01 (1) Transmission Plant 1 A350 Land and Land Rights WP /Schedule 8 -111 $ 269,423,481 2 A352 Structures and Improvements WP/Schedule 8 -111 138,930,226 3 A353 Station Equipment WP/Schedule 8 -111 1,313,015,463 4 A354 Towers and Fixtures WP/Schedule B -111 505,905,311 5 A355 Pales, and Fixtures WP/Schedule B -111 757,534,869 6 A356 O. H. Conductors & Devices WP/Schedule B -111 920,846,028 7 A357 Underground Conduit WP/Schedule B -111 47,029,543 8 A358 Underground Conductors WP/Schedule B -111 60,680,266 9 A359 Roads and Trails WP/Schedule B -111 0 4,013,365,187 10 Total Transmission Plant Distribution Plant 11 A360 Land and Land Rights (above 60 kV) WP/Schedule B -111 13,888,662 12 A361 Structures and Improvements (above 60 kV) WP/Schedule B -111 20,590,037 13 A362 Station Equipment (above 60 kV) WP/Schedule B -111 230,380,356 264,859,055 14 Total Distribution Plant 15 Total Transmission Plant in Service - Gross Schedule B $ 4,278,224,242 Sch II -B -1, page 2, lines 9 +10, col (m) Sch II -13-1, page 2, line 11, col (m) Sch 11 -13-1, page 2, line 12, col (m) Sch 11 -8 -1, page 2, line 13, col (m) Sch II -13-1, page 2, One 14, col (m) Sch II -13-1, page 2, line 15, col (m) Sch II -13-1, page 2, line 16, col (m) Sch II -13-1, page 2, line 17, col (m) Sch 11 -13-1, page 2, line 20, col (m) Sch II -13-1, page 4, lines 23 +37, col (m) Sch 11 -13-1, page 4, line 24, col (m) Sch II -B -1, page 4, line 25, col (m) Sch 11 -8 -1, page 4, line 39, col (m) vm D X Sch I1 -13-1, page 4, line 42, col (m) Q _ mco On 01 �1 Schedule B -5 Page 1 of i N ONCOR ELECTRIC DELIVERY COMPANY LLC Interim Update of Wholesale Transmission Cost of Service Accumulated Depreciation Test Year Ended June 30, 2010 Sponsor: J. Michael Sherburne Sch 11 -13-5, page 2, lines 11 +12, col (m) Sch II -13-5, page 2, line 13, -col (m) Sch II -13-5, page 2, line 14, col lm) Sch II -13-5, page 2, Gne 15, col (m) Sch ll -B -5, page 2, line 16, col (m) Sch 11-13-5, page 2, line 17, col (m) Sch 11 -13-5, page 2, line 18, col (m) Sch II -B -5, page 2, line 19, col (m) Sch II -13-5, page 2, line 22, col (m) Sch II -13 -5, page 2, line 26, col (m) Sch 11-13-5, page 2, line 27, col (m) Sch II -6 -5, page 2, line 28, col (m) y X Sch 11 -8 -5, page 2, line 41, col (m) G) _ m� Sch II -B -5, page 2, line 44, col (m) 0 0 n c.n Balance Schedule / Approved per Line Workpaper Docket 38929 No. Acct. No. Account Description Reference Final Order 0) Accumulated Depreciation Transmission Plant 1 A350 Land and Land Rights $ 40,657 2 A352 Structures and Improvements 31,725,776 3 A353 Station Equipment 230,933,209 4 A354 Towers and Fixtures 161,214,614 5 A355 Poles and Fixtures 235,581,668 6 A356 0. H. conductors & Devices 301,677,492 7 A357 Underground Conduit 8,948,342 8 A358 Underground Conductors 14,815,707 9 A359 Roads and Trails - 10 Total Transmission Plant 1,025,553,895 Distribution Plant 11 A360 Land and Land Rights (above 60 kV) 18,098 12 A361 Structures and Improvements (above 60 kV) 8,560,324 13 A362 Station Equipment (above 60 kV) 67,672,084 14 Total Distribution Plant 76,250,506 15 Total Transmission Accumulated Depreciation Schedule B $ 1,101,804,401 Sch 11 -13-5, page 2, lines 11 +12, col (m) Sch II -13-5, page 2, line 13, -col (m) Sch II -13-5, page 2, line 14, col lm) Sch II -13-5, page 2, Gne 15, col (m) Sch ll -B -5, page 2, line 16, col (m) Sch 11-13-5, page 2, line 17, col (m) Sch 11 -13-5, page 2, line 18, col (m) Sch II -B -5, page 2, line 19, col (m) Sch II -13-5, page 2, line 22, col (m) Sch II -13 -5, page 2, line 26, col (m) Sch 11-13-5, page 2, line 27, col (m) Sch II -6 -5, page 2, line 28, col (m) y X Sch 11 -8 -5, page 2, line 41, col (m) G) _ m� Sch II -B -5, page 2, line 44, col (m) 0 0 n c.n ATTACHMENT 2 EXHIBIT B l EXHIBIT B PUC DOCKET NO. 38929 SOAR DOCKET NO. 473-11-2330 APPLICATION OF ONCOR ELECTRIC § BEFORE THE DELIVERY COMPANY LLC FOR § PUBLIC UTILITY COMMISSION AUTHORITY TO CHANGE RATES § OF TEXAS ORDER On January 7, 2011, Oncor Electric Delivery Company LLC ( Oncor or Company) filed an application for authority to change rates pursuant to Public Utility Regulatory Act (PURA) § 36.102. Oncor requested a base rate increase of approximately $353 million, which is approximately 12.6% over adjusted test -year revenues (or $441 million and 16.2% if approved or pending transmission cost of service (TCOS) and transmission cost recovery factor (TCRF) adjustments to the test year are excluded from the adjustments to test -year revenues (and thus included in proposed base rates)). The application is based on a test year consisting of the 12- month period ending June 30, 2010, with February 14, 2011 as the proposed effective date for rates. In Order No. 1, the State Office of Administrative Hearings (SOAH) administrative law judges (ALJs) suspended the proposed effective date of the tariff changes for 150 days, until July 14, 2011, to allow sufficient time for a final determination. At the January 28, 2011 Prehearing Conference, Oncor agreed to extend the Commission's jurisdictional deadline to July 31, 2011. On May 11, 2011, Commission Staff, Oncor, and certain other parties filed a Stipulation (Stipulation) resolving all issues in this proceeding. All other parties not joining in the Stipulation have agreed not to oppose it. Oncor's application, as modified by the Stipulation, is approved. Consistent with all of the terms of the Stipulation, the Commission adopts the following findings of fact and conclusions of law: I. Findings of Fact Introduction and Procedural History 1. Oncor is an investor -owned electric utility within the Electric Reliability Council of Texas (ERCOT) system. 2. Oncor owns and operates facilities used to transmit and distribute electricity in the northeast to central and west Texas, including the Dallas -Fort Worth Metroplex area. Oncor delivers Public Utility Regulatory Act, Tex. Util. Code Ann. §§ 11.001- 66.016 (Vernon 2007 & 5upp. 2010). electricity to more than three million wholesale and retail customers in 401 cities and 91 counties in Texas through one of the largest integrated electric systems in the United States and the largest in Texas. 3. On January 7, 2011, Oncor filed its application with the Commission for authority to increase its transmission and distribution rates to achieve an increase in revenue of approximately $353 million over adjusted test -year revenues, or approximately a 12.6% increase over adjusted test -year revenues. 4. Oncor provided individual notice of its application to Commission Staff and the Office of Public Utility Counsel (OPC) on January 7, 2011. 5. Concurrent with its filing with the Commission, Oncor filed a similar petition and statement of intent with each incorporated city in its service area that has original jurisdiction over its retail distribution rates. 6. Oncor provided notice by publication once a week for four consecutive weeks before the effective date of the proposed rate change in newspapers having general circulation in each county in Oncor's service territory. 7. On January 7, 2011, Oncor provided notice to all municipalities in OncoCs service area with original jurisdiction by sending a copy of Oncor's petition and statement of intent. 8. Oncor timely provided each party in Oncor's last application to change rates, Application of Oncor Electric Delivery LLC for Authority to Change Rates, Docket No. 35717, the complete rate filing package (RFP) and CD either by hand delivery or overnight delivery. 9. On January 7, 2011, Oncor mailed notice of its petition and statement of intent to all retail electric providers currently certificated by the Commission and to all entities listed in the Commission's transmission matrix in Docket No. 38900. 10. The Commission referred this proceeding to SOAR on January 10, 2011. On February 8, 2011, the Commission issued its Preliminary Order setting forth the issues to be addressed in this proceeding. 11. On March 2, 2011, the Commission issued a Supplemental Preliminary Order stating that the issue of whether the direct assignment of costs for wholesale customers is appropriate should not be addressed in this proceeding. 12. Commission Staff participated in this docket. In addition, the following entities were granted intervenor status in this proceeding: OPC; State agencies and institutions of higher 2 3 education (State Agencies); Texas Industrial Energy Consumers (T1EC); the Steering Committee of Cities Served by Oncor (Cities); Alliance of Oncor Cities (AOC); Wal -Mart Stores Texas, LLC and Sam's East, Inc. (Walmart); The Kroger Co. (Kroger); Reliant Energy Retail Services, LLC; CenterPoint Energy Houston Electric, LLC; the Alliance for Retail Markets; Nucor Steel - Texas; TXU Energy Retail Company LLC; Texas Energy Association for Marketers; Environmental Defense Fund; Brazos Electric Power Cooperative Inc.; Tex -La Electric Cooperative of Texas, Inc.; Rayburn Country Electric Cooperative, Inc.; IBEW Local 69; and Texas Cotton Ginners' Association & St. Lawrence Cotton Growers' Association. 13. Oncor filed timely appeals with the Commission of the rate ordinances of various municipalities exercising original jurisdiction within Oncor's service territory. All such appeals were consolidated for determination in this proceeding. 14. By Order No. 4, filed February 24, 2011, the SOAR ALJs granted Oncor's unopposed motion to sever issues related to recovery of rate case expenses from this docket into a separate docket. The severed matter was assigned Application of Oncor Electric Delivery C Company LLC for Rate Case Expenses Severed from PUC Docket No. 38929, SOAR Docket No. 473 -11 -2330, Docket No. 39239 (pending). 15. Oncor's application is based on the test year ending June 30, 2010. 16. Oncor's proposed effective date of February 14, 2011 for the proposed rates was suspended by the SOAH ALJs for 150 days, until July 14, 2011, to allow sufficient time for a final determination. At the January 28, 2011 Prehearing Conference, Oncor agreed to extend the proposed effective date to March 3, 2011, and thus extend the Commission's jurisdictional deadline to July 31, 2011. 17. On April 8, 2011, Oncor announced that it and certain parties had reached an agreement in principal to settle all issues regarding Oncor's application and moved to abate the procedural schedule to finalize the settlement. 18. By Order No. 12, filed April 11, 2011, the SOAH ALJs granted Oncor's unopposed motion to abate the procedural schedule. By Order No. 15, filed April 29, 2011, the SOAH ALJs granted Oncor's unopposed motion to cancel the hearing on the merits. 19. On May 11, 2011, the following parties filed an Unopposed Joint Motion to: Admit C Affidavit of Notice, Stipulation, and Supporting Testimony in Evidence; Approve Interim 3 Rates; and Remand to the Commission for Review and Approval of Stipulation, Proposed Final Order, and Tariffs (Joint Motion): Oncor; Commission Staff; OPC; State Agencies; TIEC; Cities; AOC; Walmart; and Kroger (collectively, Signatories). All other parties that have not joined in the Stipulation have agreed that they do not and will not oppose it, and all parties have waived their right to a hearing and to conduct cross - examination in this proceeding. 20. By Order No. _, filed May _, 2011, the SOAR ALJs approved interim/temporary rates consistent with the Stipulation effective July 1, 2011, pursuant to PURA § 36.109 and Commission Procedural Rule 22.125, should permanent rates not be approved and in effect by that date. 21. By Order No. _, filed May _, 2011, the SOAR ALJs granted the Joint Motion, admitting into evidence the following: (a) Oncor's Affidavit Attesting to the Provision of Notice (including attachments) filed on March 2, 2011; (b) the Stipulation; (c) the Supplemental Direct Testimony in Support of Stipulation of Stephen N. Ragland; and (d) the Supplemental Direct Testimony in Support of Stipulation of J. Michael Sherburne. By the C same order, this proceeding was returned to the Commission for review and approval of the Stipulation and related tariffs (Tariffs). The Stipulation Base Rate Revenue Increase and Related Matters 22. Consistent with the Stipulation, the Signatories agreed that Oncor's total base rate revenue requirement will be increased by $136,722,048 over current rate revenues (which include post -test year TCOS and TCRF adjustments), resulting in a total cost of service of $2,945,899,486. Consistent with the Stipulation, the Signatories also developed rates for each customer class that results in a change in rates for each customer class as reflected in Exhibit A to the Stipulation. The calculated rates have been incorporated in the Tariffs attached to this Order. 23. Oncor's Weighted Average Cost of Capital ( "WACC ") shall be 8.14% based upon a 6.73% Cost of Debt, an authorized Return on Equity ( "ROE ") of 10.25 %, and an authorized regulatory capital structure of 60% long -term debt and 40% equity. The foregoing WACC, Cost of Debt, ROE, and capital structure will apply, in accordance with PURA and Commission rules, in all Commission proceedings or Commission filings requiring M application of Oncor's Cost of Debt, WACC, ROE, or capital structure to the same extent as if these factors had been determined in a final order in a fully - litigated proceeding. 24. A 10.25 % ROE will allow Oncor a reasonable opportunity to earn a reasonable return on its capital investment. 25. Consistent with the Stipulation, the Signatories agreed that all Oncor investment through the end of the test year, as presented in Oncor's RFP, is prudent and includable in rate base. A determination of prudence regarding Oncor's investment made after June 30, 2010 (whether now in rates through interim TCOS and TCRF or non -TCOS in nature) will be reserved until Oncor's next general base rate case. This provision does not waive the rights of certain parties to continue their appeals of Docket No. 35717 with respect to the prudence of certain automated meters. This provision also does not apply to investment subject to recovery through the Advanced Metering System (AMS) surcharge approved in Docket No. 35718. Consistent with the Stipulation, the Signatories agreed that Oncor's total rate base as of June 30, 2010 is $8,098,414,835. 26. Consistent with the Stipulation, and to reflect the opinion of the District Court in the Docket No. 35717 appeal and the Commission's recent decision in Docket No. 38339, Oncor will: a. Increase franchise fees to the contractual annual amount, to begin within 60 days after entry of a final order in this proceeding or July 1, 2011, whichever is later, but in any event retrospective to July 1, 2011. With the exception of Commission Staff, the Signatories agreed that the Stipulation resolves all outstanding appeals relating to municipal franchise fees in Docket No. 35717. Commission Staff takes no position on that issue or on Ordering Paragraph No. 4 in this Order; and b. Within 60 days of the date of this Order, pay the municipalities in its service territory retrospective franchise fees (calculated from the date that the rates approved in Docket No. 35717 went into effect through July 1, 2011) and rate case expenses (through July 1, 2011) and recover those amounts, plus Oncor's rate case expenses balance (through July 2 Application of Oncor Electric Delivery Company LLC for Authority to Change Rates, Docket No. 35717, Order on Rehearing (Nov. 30, 2009). Oncor Electric Delivery Company LLC's Request For Approval Of Advanced Metering System (A MS) Deployment Plan And Request For Advanced Metering System (AMS) Surcharge, Docket No. 35715, Order (Aug. 28, 2009). a CenterPoint Energy Houston Electric, LLC for Authority to Change Rates, Docket No. 38339. 5 1, 2011) over three years in a separate surcharge with no carrying charges. This surcharge will be set as part of this settlement to include that portion of the surcharge related to retrospective franchise fees, will be revised consistent with the final order in Docket No. 39239 to include that portion of the surcharge related to rate case expenses, will be called the Regulatory Surcharge rider (Rider RS), and will be in addition to the rates set in this Docket No. 38929. Rate case expenses incurred after July 1, 2011 will be captured in a regulatory asset and preserved for recovery consideration in Oncor's next general base rate case. 27. Consistent with the Stipulation, the total amount of retrospective franchise fees, through July 2, 2011, plus interest at the Commission - established rate, is $21,848,230. Rider RS included in the proposed Tariffs currently includes only these amounts for retrospective franchise fees. The Signatories agreed that the issue of the appropriate level of rate case expenses shall be resolved in Docket No. 39239, where that issue is currently pending. Once the Commission has issued an order approving the level of rate case expenses to be recovered, Oncor will make a compliance filing with the Commission to adjust Rider RS to include the approved rate case expenses. The Signatories agreed that the allocation factors to be used for Rider RS are reflected in the Supplemental Direct Testimony in Support of Stipulation of J. Michael Sherburne at Exhibit JMS -SD -3. Rider RS will take effect January 1, 2012 28. Consistent with the Stipulation, the Signatories agreed that the transmission cost of service shall be set as reflected in Exhibit A to the Stipulation and incorporated in the Tariffs attached to this Order. 29. Consistent with the Stipulation, Oncor will reinstate Rider SCUD without passing on any revenue shortfall to customers. If subsequent legislation eliminates or changes Rider SCUD, or upon a final, non - appealable court order that Rider SCUD is not applicable under current law, Oncor will change or eliminate the Rider SCUD discount consistent with any such legislation or court order. If Rider SCUD is changed or eliminated, any such change or elimination shall take effect prospectively following the effective date of applicable Application of Oncor Electric Delivery Company LLC for Rate Case Expense Severed from PUC Docket No. 38929, SOAH Docket No. 473 -11 -2330, Docket No. 39239 (pending). Cel Iegislation or the issuance of a mandate by the court of last resort. No surcharge will be implemented or applied to recoup any Rider SCUD discount. 30. Consistent with the Stipulation, costs shall be allocated among the customer classes consistent with Exhibit A to the Stipulation. The Signatories agreed to the rate design and tariff language as proposed by Oncor in its RFP [which includes (1) eliminating the Transmission System Charge and thereby recovering all of Oncor's transmission expense through its TCRF as provided for in proposed Rider TCRF, and (2) modifications to the ratchet provisions in the Secondary >10 kW Class], subject to the following changes: a. For TCRF, Oncor will use the 2010 unadjusted 4CP figures instead of the 2009 adjusted 4CP figures. The 2010 unadjusted 4CP figures are detailed in the Supplemental Direct Testimony in Support of Stipulation of J. Michael Sherburne at Exhibit JMS -SD -1; and b. Changes to the tariff language, which have been as reflected in the Tariffs attached to this Order. Accounting Matters/Effective Dates for Rates and Riders 31. Consistent with the Stipulation, Oncor will use the depreciation rates it proposed in its direct case in this proceeding. Those rates are the same as the rates approved in Docket No. C . 35717, with the exception that there is an increase in the depreciation rate for intangible plant assets, which increase is reflected in the agreed total annual cost of service. The new agreed annual amortization rate for Account 303 (intangible plant) is 12.56 %. 32. Consistent with the Stipulation, the amount of meter - reading costs and ad valorem taxes included in Oncor's new rates, to the extent those costs are related to meters that are being replaced pursuant to Oncor's approved AMS Deployment Plan, are as follows: a. Meter - reading costs — $15,785,691; and b. Ad valorem taxes —$1,322,281. 33. Consistent with the Stipulation, Oncor will amortize its total regulatory asset balance as of June 30, 2010, as presented in the Company's RFP, which includes old (the net unamortized amount of what was approved in Docket No. 35717) and new [additional since Docket No. 35717 balances for self - insurance or "storm" reserve and pension/other postretirement benefits (OPEB)], over eight (8) years, with such revised amortization to begin on January 1, 2012. The amount of the new annual amortizations are as follows: a. Self- insurance reserve — $31,514,420 ($252,115,362 balance 18 years); 7 b. Pensions — $9,113,738 ($72,909,900 balance / 8 years); and c. OPEBs — $6,921,963 ($55,375,706 balance / 8 years). Until January 1, 2012, Oncor will continue the amortizations of its regulatory asset balances at the levels approved in Docket No. 35717. Oncor will continue annual accruals for pensions, OPEBs, and the self- insurance reserve at the levels approved in Docket No. 35717. 34. Consistent with the Stipulation, Oncor shall phase -in rates as follows: a. A $93,722,048 million base rate revenue increase to be effective the later of thirty (30) days after this Order is signed, or July 1, 2011 (Phase I Tariffs); b. A $43 million base rate revenue increase effective January 1, 2012 (Phase II Tariffs); c. A Regulatory Surcharge effective January 1, 2012 (Rider RS); and d. All new amortizations (self- insurance reserve and pensions /OPEBs) beginning January 1, 2012. Other Matters 35. Consistent with the Stipulation, Oncor will not file a general base rate case before July 1, 2013; provided that, Oncor has no obligation to file a rate case on that or any other date, and Oncor is entitled to file interim rate updates and adjust rates as allowed by Texas law and Commission rules, including, but not limited to, interim TCOS updates, TCRF updates, Energy Efficiency Cost Recovery Factor updates, AMS Surcharge filings, and other investment or cost updates that may exist now or in the future as a result of legislative or Commission action. Nothing in this paragraph is intended to limit the ability of a regulatory authority to initiate an Oncor rate case at any time. 36. Consistent with the Stipulation, the Signatories agreed that the terms of the Stipulation are fair, reasonable, and in the public interest and agreed to support the prompt adoption of a final order in this docket consistent with the Stipulation and to defend the terms of the Stipulation. 37. Consistent with the Stipulation, the Signatories agreed that the Stipulation is binding on each of the Signatories only for the purpose of settling the issues as set forth herein and for no other purposes. The matters resolved herein are resolved on the basis of a compromise and settlement. Except to the extent that the Stipulation expressly governs a Signatory's rights and obligations for future periods, the Stipulation shall not be binding or precedential Ezj on a Signatory outside of this proceeding except for a proceeding to enforce the terms of the Stipulation. The Signatories agreed that a Signatory's support of the resolution of this docket in accordance with the Stipulation may differ from its position or testimony regarding contested issues of law, policy, or fact in other proceedings before the Commission or other forum. A Signatory is under no .obligation to take the same position as set out in the Stipulation in other proceedings not referenced in the Stipulation whether those dockets present the same or a different set of circumstances. A Signatory's agreement to entry of a final order of the Commission consistent with the Stipulation should not be regarded as an agreement to the appropriateness or correctness of any assumptions, methodology, or legal or regulatory principle that may have been employed in reaching the Stipulation. Commission Approval 38. Considered in light of Oncor's requested rate increase, and that the Signatories had developed testimony taking positions significantly different from Oncor's pre -filed testimony, the Stipulation is the result of compromise from each party, and these efforts, as well as the overall result of the Stipulation viewed in light of the record evidence as a whole, support the reasonableness and benefits of the terms of the Stipulation. 39. The Stipulation, taken as a whole, is a just and reasonable resolution of the issues, results in just and reasonable rates, is supported by a preponderance of the evidence, is consistent with the relevant provisions or PURR, is in the public interest, and should be approved. 11. Conclusions of Law 1. Oncor is an electric utility as defined by PURR § 31.002, and, therefore, it is subject to the Commission's jurisdiction under PURR §§ 14.001, 32.001, 33.001, 33.002, 33.051, 35.004, and 36.102. 2. Oncor is a transmission and distribution utility as defined in PURA § 31.002(19). 3. SOAR exercised jurisdiction over this docket pursuant to PURA § 14.053 and TEX. GOVT CODE ANN. § 2003.049. 4. Oncor provided adequate notice of this proceeding in accordance with PURA § 36.103 and P.U.C. PROC. R. 22.51. C 5. Pursuant to PURA § 33.001, each municipality in Oncor's service area that has not ceded jurisdiction to the Commission has jurisdiction over the Company's application. which seeks to change rates for distribution services within each municipality. 6. The Commission has. jurisdiction over an appeal from a municipality's rate proceeding pursuant to PURA § 33.051. 7. This docket was processed in accordance with the requirements of PURA, the Administrative Procedure Act, TEx. GOVT CODE ANN. Chapter 2001, and Commission rules. 8. PURA § 36.651 does not require Oncor to provide a 20% discount to four -year state universities, upper -level institutions, Texas State Technical colleges, or colleges. Because Oncor has elected to provide this discount, it may not recoup the lost revenue by charging higher rates to other customer classes. See PURA § 36.007. 9. The affiliate expenses included in Oncor's rates under the Stipulation are consistent with the requirements of PURA § 36.058. 10. The self- insurance reserve provided for in the Stipulation is in compliance with PURA § 36.064 and Commission Substantive Rule 25.231(b)(1)(G). C _ 11. Oncor's WACC of 8.14% based upon a 6.73% Cost of Debt, an authorized ROE of 10.25 %, and an authorized regulatory capital structure of 60% long -term debt and 40% equity are consistent with the requirements of PURA §§ 36.051 and 36.052. 12. Oncor's overall revenues approved in this proceeding permit Oncor a reasonable opportunity to earn a reasonable return on its invested capital that is used and useful in providing service to the public in excess of its reasonable and necessary operating expenses in compliance with PURA § 36.051. 13. Oncor's rates, as approved in this proceeding, are just and reasonable in accordance with PURA § 36.003. III. Ordering Paragraphs In accordance with these findings of fact and conclusions of law, the Commission issues the following order: 1. The Stipulation is approved, and Oncor's application, as modified by the Stipulation. is approved. 2. Oncor's Tariffs attached to this Order are approved. 10 3. Within ten days of this Order being signed, Oncor shall file new tariffs identical to those that are approved in this Order with an effective date the later of 30 days after the date this Order is signed, or July 1, 2011. 4. The Office of the Attorney General is directed to forego any additional appeals with respect to the franchise fees issues from Docket No. 35717, Oncor's most recent general base rate case. 5. The entry of this Order consistent with the Stipulation does not indicate the Commission's endorsement of any principle or methodology that may underlie the Stipulation. Entry of this Order shall not be regarded as precedent as to the appropriateness of any principle or methodology underlying the Stipulation. 6. All other motions, requests for entry of specific findings of fact and conclusions of law, and any other requests for general or specific relief, if not expressly granted, are denied. SIGNED AT AUSTIN, Texas on the day of May, 2011. PUBLIC UTILITY COMMISSION OF TEXAS BARRY T. SMITHERMAN, CHAIRMAN DONNA L. NELSON, COMMISSIONER KENNETH W. ANDERSON, JR., COMMISSIONER 6 As stated in Finding of Fact No. 26(a), Commission Staff takes no position on this Ordering Paragraph No. 4. 11