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HomeMy WebLinkAboutContract 29307 ` Y SECRETAR �� s: .,�._,� aCT 0 TXU _._ ....we..�,- d Energy TRANSACTION CONFIRMATION FOR THE SUPPLY OF ELECTRICITY Transaction Confirmation#: I-JWYPI BUYER: City of Fort Worth SELLER: TXU Energy Retail Company LP 1000 Throckmorton 1601 Bryan Street Fort Worth,TX 76102 Dallas,Texas 75201 Attention:Contract Administration,10 015E Phone: 817-871-6116 Fax: Phone: 214 812 4380 Fax: 214 812 8908 L AGREEMENT TERM The Primary Term for each Premise,identified in Exhibit A,shall commence upon the date of the first reading of the meter(s)on each respective Premise by the TDSP on or after June 1,2003,or as soon thereafter as practicable,and shall end for each Premise upon the date of the first reading of the respective Premise meter(s)by the TDSP on or after May 31,2004. II. BILLING METHOD/PAYMENT TERMS Summary Billing via Hard Copy Net 15 Days Via Check III. INITIAL DEPOSIT AMOUNT No initial deposit required. IV BILL TO: Buyer shall provide the applicable billing information to seller. V. STANDARD SERVICES Toll free number(800)725-7920 for 24 hour emergency outage and customer service, available 7:00 am.to 7:00 p.m.on normal business days;Assigned customer service representative,billing analyst,and assigned professional account manager. Access to the TXU Energy Gateway web portal. VI. CUSTOMSERVICES Not Applicable VII. SPECIAL PROVISIONS The Parties shall have the right to extend the Agreement Term past the Primary Term for an additional period of one year or longer(the"Extended Term"). The Monthly Base Usage Charge,Excess Usage Charge,and the Under Usage Credit(items"(ii)","(iii)"and"(iv)" of the Price Sheet)for the Extended Term shall be at the current amounts,or less. The Parties acknowledge that neither Party has a unilateral right to exercise the Extended Term option;it must be by mutual agreement. If the Parties elect to extend the Primary Term to the Extended Term,they shall agree in writing to extend the term and set the exact amounts for items"(ii)","(iii)"and"(iv)"for the Extended Term at least 30 days prior to the end of the Primary Term. VIII. COST PER KWH See attached Price Sheet IX. MONTHLY CONTRACT USAGE Not applicable TOLERANCES X BASE CONTRACT THE BASE CONTRACT FOR THE SUPPLY OF ELECTRICITY(-BASE CONTRACT"),PREVIOUSLY EXECUTED BY BUYER ON 08/01/01,AND AS AMENDED ON 05107/03,IS HEREBY PART OF THE AGREEMENT TO WHICH THIS TRANSACTION CONFIRMATION APPLIES. Buyer Legal Name: City of Fort Worth Seller Legal Name: TXU Energy Retail Company LP, a Texas Limited Partnership By: (General Partner or Agent name,if applicable) By:TXU Energy Retail Management Company LLC, its General Partner Buyer S' nature: Seller Signature: �✓�' �— — ff r' rin Off er' 'nted e n?A q kl. ;7Aaz 5 o xJ — Title: Ctlrky M +NAG G , Date:�� 3 Date: c5z G ATTESTED BY J3" Form NameNersio L 3 1 = •1.. Jt. cLt GP'Al u'Tcr - rU, :" ✓datl�I iGtl. TXU Energy Price Sheet— Flat Block— MCPE/MCPE Hybrid Transaction Confirmation#: 1-JWYP1 Account Name: City of Fort Worth Plan Type: Flat Block—MCPE/MCPE Hybrid This Price Sheet is valid only in association with, and shall remain subject to,both the Base Contract for Supply of Electricity ("Base Contract") between the above referenced Buyer and TXU Energy Retail Company LP ("Seller") and the Transaction Confirmation for Supply of Electricity referenced above(to which this Price Sheet is attached) between Buyer and Seller, and is contingent upon Buyer and Seller's acceptance of such Base Contract and Transaction Confirmation. This Price Sheet is applicable to the Buyer ESI ID number(s) identified on Exhibit"A" to such Transaction Confirmation. The Monthly Prices shall equal the sum of. (i)the Monthly Standing Charge set forth below;plus (ii)the Monthly Base Usage Charge set forth below[which covers Buyer's usage(up to 750 kWh in the ERCOT "North"Zone),during each fifteen(15)minute block of time during the month' (the"Base Usage")];plus (iii)the Excess Usage Charge (per kWh of usage exceeding the Base Usage for the applicable ERCOT Zone(s) for any fifteen minute block(s)of time during the month)shall be as set forth below;minus (iv)the Under Usage Credit(per kWh of Base Usage for the applicable ERCOT Zone(s)which is not utilized by Buyer during the month)shall be as set forth below;plus (v)all costs and expenses of any nature whatsoever that are charged by the Transmission and Distribution Service Provider ("TDSP") for the transmission and/or distribution of the electricity, as well as any other charges of the TDSP that are attributable to the Buyer ESI ID numbers identified on Exhibit "A" to the subject Transaction Confirmation,including,without limitation,charges for reactive power;plus (vi) all other tariffs, rates, riders, fees, costs, and charges, including, without limitation, installed capacity type charges (and any direct and indirect costs resulting therefrom or associated therewith), charged or required by the TDSP or another party, that are mandated, levied, assessed, allowed, or approved by the Texas Public Utility Commission and/or any other governmental or regulatory authority(ies), on or with respect to the acquisition, sale, delivery,and purchase of the electricity;plus (vii) all federal, state, and local taxes, of any nature whatsoever, imposed by any governmental and/or regulatory authority(ies),on or with respect to the acquisition, sale, delivery, and purchase of the electricity, including Seller's Texas Gross Receipts Tax and Public Utility Commission Assessment on the sale of electricity to Buyer;plus (viii)the Over Capacity Charge set forth below,if applicable. City of Fort Worth.PS.Flat Block.MCPE-MCPE.Hybrid.dkw.c.050703 Confidential Page 1 of 2 Charge Amount (i) Monthly Standing Charge per service See Exhibit"A"to the subject Transaction Confirmation. point 750 kWh x the total number of 15 minute blocks of time during the (ii)Monthly Base Usage Charge month x$.0528509 per kWh ttt Excess Usage Charge (per kWh of The sum of (i) one hundred seventeen and 71 hundredth percent ex ess usage) g g (p (117.71%)of MCPE2 and(ii)$0.0011426,per kWh (iv)Under-Usage Credit 95%of MCPE3 (v)TDSP Delivery Charges° .0146232 per kWh for delivery, excluding reactive power, based upon current estimate; Monthly price will be based upon actual charges. (vi) Tariffs, rates, riders, fees, and charges other than those included in To be determined,varies by service point. TDSP delivery charges above (vii)All applicable taxes To be determined,varies by jurisdiction. (viii)Over Capacity Charge None (Form Name/Version:PRICE SHEET FLAT BLOCK MCPE-MCPE HYBRID 050103 t Monthly Base Usage Charge shall apply from June 13,2003 through June 14,2004. The"Excess Usage Charge"shall be applied in lieu of the "Monthly Base Usage Charge"for all usage from June 1,2003 through June 12,2003 and from June 15,2004 through the end of the agreement term for the subject Transaction Confirmation. Z MCPE,"for purposes of item(iii)above,shall mean the weighted(by the amount of Buyer's consumption in excess of the Base Usage during each fifteen minute interval)) average price (converted from $/MWh to $/kWh) of all the fifteen (15) minute "Balancing Services Market Clearing Price"intervals contained in the applicable contract billing month as calculated by the Electric Reliability Council of Texas("ERCOT") for the applicable ERCOT Zone(s)in which Buyer's Premises are located. In no event shall the Balancing Services Market Clearing Price for any interval be less than$10.00/MWh($0.01/kWh). In the event that the Balancing Services Market Clearing Price is not calculated by ERCOT for any interval,then the Balancing Services Market Clearing Price for such interval shall be the average of Balancing Services Market Clearing Price for(i) the closest in time calculated interval occurring prior to the uncalculated interval and (ii) the closest in time calculated interval occurring after the uncalculated interval.Buyer should be aware that(j)an index price can be very volatile, with no cap or limitation on how hieh such an index can go, and market and other conditions can result in sienircant increases in Prices for extended periods of time for which Buyer nevertheless will remain responsible for Payjne and Oh Seller has not provided,is not Providing and will not Provide any risk management or hedges in conjunction with this index priced product 3"MCPE,"for purposes of item(iv)above,shall mean the weighted(by the amount by which Buyer's consumption falls below the Base Usage during each fifteen minute interval)average price(converted from$/MWh to$/kWh)of all the fifteen(15)minute"Balancing Services Market Clearing Price"intervals contained in the applicable contract billing month as calculated by the Electric Reliability Council of Texas("ERCOT") for the applicable ERCOT Zone(s)in which Buyer's Premises are located.In the event that the Balancing Services Market Clearing Price is not calculated by ERCOT for any interval,then the Balancing Services Market Clearing Price for such interval shall be the average of Balancing Services Market Clearing Price for(i)the closest in time calculated interval occurring prior to the uncalculated interval and(ii)the closest in time calculated interval occurring after the uncalculated interval. s"f he costs and expenses charged by the TDSP for delivery services may Fluctuate during the Agreement Term,as will other applicable tares, tariffs,riders.fees,and charges,as well as the"all kWh"(Peak and Off-Peak Hour)charge. 5 For reference purposes only.This is the current estimate of the average TDSP standard delivery costs,excluding charges for reactive power, special metering,or other miscellaneous TDSP charges. 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