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Ordinance 15276
!/ .r 1 x ORDINANCE NO. ~~~~ AN ORDINANCE AMENDING ORDINANCE NO. 11364 (THE GRANT OF A FRANCHISE TO ONCOR ELECTRIC DELIVERY COMPANY, SUCCESSOR IN INTEREST' TO TXU ELECTRIC COMPANY) BY CLARIFYING THE METHOD IN WHICH FRANCHISE FEES WILL BE CALCULATED; AND FURTHER PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY. WHEREAS, on July 27, 1993 the City Council adopted Ordinance No 11364, an ordinance granting Oncor Electric Delivery Company ("Oncor" or "Company"), successor m interest to Texas Uhhhes Electric Company, a franchise for a period of fifteen (15) years to use the public rights-of--way wrthm the Crty of Fort Worth (the "City") for the purpose of constructing, extending, mamtaimng, using and operating an electric utility system of poles, lines, wires, towers, anchors, cables, manholes, conduit and other structures and appurtenances necessary for the provision of electricity to customers located m the Crty (the "Franchise"); and WHEREAS, pursuant to that certain Settlement Agreement entered into by and between Company and the City, as authorized by M&C G-13691 and approved by the City Council on August 8, 2002, Company and the Crty desire to amend the Franchise to amend the manner m which franchise fees paid pursuant to the Franchise will be calculated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: that Section 1. All references in the Franchise to "TU Electric" shall apply to Company and references in this Ordinance or the Franchise, as rt may be amended, to "TU Electric", "Oncor" or "Company" maybe used interchangeably Section 2. Effective January 1, 2002, Section 2 of the Franchise is deleted in its entirety and replaced with the following: Page 1 Amendment No. 1 to Ordinance No. 11364 Oncor Electric Delivery Franchise SECTION 2. A. Franchise Fee. Effective January 1, 2002, as compensation for the right, privilege and franchise herein granted, Company shall pay the City a sum of money as further specified m this franchise equal to the following: (1) a charge, as authorized by Section 33 008(b) of the Texas Utilities Code, based on each kilowatt hour of electricity delivered by Company to each retail customer whose consuming facility's point of delivery is located within the City's corporate boundaries and as specified by Company to the City by letter dated January 21, 2002, attached hereto as Exhibit "A" and hereby made a part of this franchise for all purposes (the "Statutory Fee"), plus (2) a sum equal to four percent (4%) of gross revenues received by Company for services identified as "Discretionary Service Charges", items DD1 through DD24, in Section 6 1.2 of the "Tariff for Retail Delivery Service" attached hereto as Exhibit "B", which is hereby made a part of this franchise (the "Discretionary Service Charge Fee"). Exhibit "B" is only intended to identify the types of services that are subject to the Discretionary Service Charge Fee and shall not be invalidated for purposes of this franchise by the filing or approval of any subsequent tariff or tariffs by Company The Statutory Fee and the Discretionary Service Charge Fee may be referred to collectively as the "Franchise Fee" Franchise Fees paid by Company hereunder shall include and be in lieu of (i) any charges or fees that the City would otherwise assess for use or occupation of the public rights-of--way, including inspection and permit fees and other Crty associated administrative charges, but specifically excluding the usual general or special ad valorem taxes that the City is authorized to levy and impose upon real and personal property, sales and use taxes and special assessments for public improvements, all of which the City may charge or assess Company in the ordinary course of business) and (ii) except as otherwise provided m Sections 3, 4 and 5 of this franchise, any obligation of Company to reimburse the City for expenses incurred by the Crty m ratemakmg or regulatory proceedings involving Company, whether initiated by the Crty, by Company or otherwise. B Franchise Fee Recovery Tariff. (1) Company may file a tariff amendment(s) to provide for the recovery of the Discretionary Service Charge Fee portion of the Franchise Fee. Page 2 Amendment No. 1 to Ordinance No. 11364 Oncor Electric Delivery Franchise (2) City agrees that (i) In the event of such a filing with the City, the City will take an affirmative position supporting 100% recovery of such* portion of the Franchise Fee by Company; (ii) in the event that the City intervenes in any regulatory proceeding before a federal or state agency m which the recovery of the Discretionary Service Charge Fee portion of the Franchise Fee is an issue, the Crty will take an affirmative position supporting 100% recovery of such portion of the Franchise Fee by Company; and (iii) in the event of an appeal of any such regulatory proceeding m which the Crty has intervened, the Crty will take an affirmative position m any such appeals m support of the 100% recovery of such portion of the Franchise Fee by Company (3) The City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such portion of the Franchise Fee by Company C. Franchise Fee Due Dates. Company shall pay all Franchise Fees by means of electronic funds transfer (1) Payments of the Statutory Fee portion of the Franchise Fee shall be due on or before the last day of the first month following the end of the calendar quarter upon which such payment is based, as follows. Payment Due Quarter Upon Which Date Pavment is Based October 31 July 1 through September 30 January 31 October 1 through December 31 Apri130 January 1 through March 31 July 31 Apnl 1 through June 30 Quarter for Which Pavment is Made October 1 through December 31 January 1 through March 31 Apnl 1 through June 30 July 1 through September 30 (2) Payments of the Discretionary Service Charge Fee portion of the Franchise Fee shall be calculated on an annual calendar year basis, i.e. Page 3 Amendment No. 1 to Ordinance No. 11364 Oncor Electric Delivery Franchise ~.M:. from January 1 through December 31 of each calendar year dunng the term of this franchise. This portion of the Franchise Fee shall be paid at least once annually on or before Apnl 30 of each year based on the "Discretionary Service Charges" outlined m Section 2.A(2) of this franchise and received dunng the preceding calendar year D Filing of Reports. On the same date that Company submits a Discretionary Service Charge Fee payment to the City, Company will also file with the City Secretary a report showing the gross revenues received by Company for services that are identified as "Discretionary Service Charges", items DD1 through DD24, m Section 6 1.2 of the "Tanff for Retail Delivery Service" attached hereto as Exhibit "B" The Crty, m its sole discretion, may audit or cause to be audited the books and records of Company to ascertain the correctness of the sworn reports filed pursuant to this Section 2.D Section 3. In all respects, except as specifically and expressly amended by this Ordinance, the Franchise shall remain in full force and effect according to its terms until the Franchise expires or otherwise terminates m accordance with the provisions of the Franchise. Section 4. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional by the valid final judgment or decree of any court of competent ~unsdiction, such illegality or unconstitutionality shall not affect the legality and enforceability of any of the remaining portions of this Ordinance. Section 4. It is hereby officially found and deterrnmed that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Section 5. In accordance with and as required by Section 2 of Chapter XXV of the City's Charter, the City Secretary is hereby directed to publish this Ordinance in its entirety once each week for four (4) consecutive weeks within a penod of thirty (30) days following adoption by the City Council in the official newspaper of the City Section 6. This Ordinance shall be m full force and effect following (i) its adoption, and (ii) its publication m accordance with Section 5, and (iii) the filing with the Crty Secretary's Office and the City Attorney's Office within thirty (30) calendar days following adoption of this Ordinance of wntten acceptance of this Ordinance by Oncor Electnc Delivery Company m substantially the following form. Page 4 Amendment No. 1 to Ordinance No. 11364 Oncor Electric Delivery Franchise rr To the Honorable Mayor and City Council Oncor Electnc Delivery Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this day of 2002, Ordinance No amending the current electric franchise between the City and Oncor Electric Delivery Company, and the same shall constitute and be a binding contractual obligation of Oncor Electnc Delivery Company to the City Oncor Electnc Delivery Company By. Name Title ADOPTED + ~ ~ O~ ~' J ~S Date M C Number EFFECTIVE DATE (~ ~ ~ J ~ a APPROVED AS TO FORM AND LEGALITY By Peter Vaky Assistant City Attorney Page 5 Amendment No. 1 to Ordinance No. 11364 Oncor Electric Delivery Franchise ~~ EXHIBIT "~" V Stephen J. Houle Vice President Oncor 1601 Bryan Street 32n0 Floor Dallas, TX 75201-3411 Tel 214 812 4821 Fax 214 812 3221 shoulel @txu.com January 21, 2002 TO THE HONORABLE MAYOR AND COUNCIL PERSONS OF ALL MLTNICIl'ALITIES SERVED BY ONCOR ELECTRIC DELIVERY COMPANY RE Franchise Fees from Oncor Electric Delivery Company ("Oncor") (formerly TXLJ Electric Company) In recent months, Oncor has sent letters to some of the cities it serves concerning the amount of franchise fees related to sales begiming January 2002 and sales made to customers who participated m the Retail Choice Pilot Program m 2001 Some cities received two letters, with the second letter revising the cahculat>!on described i<n the first letter The first letter was sent m October 2001, and the second letter was sent in December 2001 Unfortunately, the second letter contained an incorrect calculation. The correct calculation for calculating the amount of franchise fees that Oncor expects to pay was reflected m its October 2001 letter For your convenience, that calculation is reflected below City/Town 1998 Fees Due 1998 kWh Delivered Cents/kWh Fort Worth $20,878,697 78 7,875,229,004 0 002651 I apologize for this error and regret any inconvenience that rt may have caused you. We appreciate your business and look forward to continuing to provide your city with excellent service that meets all your energy delivery needs. Sincerely, ~F- ~1~~~~~u~~ G'~~C~G~D ~~~ ~}~~~~ ~~~o 1 1 1 EXHIBIT "E" Tariff for Retail Delivery Service TXU T&D Utility - 6.1.2 Discretionary Service Charges Sheet: 1 Applicable: Entire Certified Service Area Page 1 of 5 Effective Oate: January 1 2002 Revision Original 6.'t .2 -Discretionary 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 Gomparty'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 wilt be provided in accordance with Commission Substantive Rules. ................. . . ~.: ::;:>;.:.4-::E:~: ...............:. <.:>:[:::::::::::»::~ ::::::::::::::::::::::::::::::::::Nairst:and:.D.escrt _Ifort:..::::::::::;::..;:::::: .:::..............::..:..........................................::..: ::.:P:::....:....:.:. Amoiiiit. DD1 Account Initiation Charge is made for processing a request for distribution service initiaSon. ~ 7.00 DD2 Ouf-of-Cycle Meter Reading Charge is made each time Competitive Retailer requests, and Company makes, a manual out-of-cycle meter reading. A. During Regular Hours $ 7,25 B Outside Regular Hours -Non-Holiday S 78 00 C. Outside Regular Hours -Holiday ~ 100.00 OD3 Connection Charge is made for new service connections made outside regular working hours A. Self Contained Meter S 89.00 8. Other Connections As Calculated DD4 Retail Customer Requested Clearance Charge is made for activities and expenses involved As Calculated in de-energizing/re-energizing Company facilities to allow Retail Customer or Retail Customer s contractor to work near Company electrical facilities or on the Retail Customers facilities. DOS DisconnecUReconnect Charge is made for disconnection or reconnection of Retail Customers distribution service. Disconnect at Meter A. Outing Regular Hours S 8.00 Reconnect at Meter B, During Regular Hours -Regular Route ~ 10.00 C. During Regular Hours -Special Route S 28.00 D Outside Regular Hours Non Holiday 5 89.00 E. Outside Regular Hours -Holiday S 115.00 Disconnect at Po{e, Weatherhead or Secondary Box F During Regular Hours $ 44.00 Reconnect at Pole Weatherhead or Secondary Box G. During Regular Hours $ 54.00 H, Outside Regular Hours -Non Holiday S 155.00 i. Outside Regular Hours -Holiday $ 196.00 DD6 Delivery System Facilities Instal{ation Charge is made pursuant to Section 6.1.2.2 of this As Calculated Tariff for Retail Delivery Service requests involving the installation, construction, or extension of distribution facilities. << DD7 Additional Service Design Charge is made for preparing iterative designs to provide service As Iculafe to a specific location where such iterations are at the request of the Retail Customer for the ~~~~~ ~(s Retail Customers sole benefit. The initial two designs on a project will be included in the system charges, any additional designs will be done at Retail Customers expense pursuant to ~ k1~~,~'y"~i this charge. e C~" 76 ~~~~~G?D t ~lt~ i ~1 Ud~ u~~~. ll l ~ r Tariff for Retail Delivery Service TXU T8~D Utility 6 1.2 Discretionary Service Charges Sheet: 1 Applicable Entire Certified Service Area Page 2 of 5 Effective Date: January 1 2002 Revision Original DDS Temporary Facilities Charge is made in conjunction with short-term construction projects. A. Connect and disconnect service and read a meter already installed, including an Account ~ 49.00 Initiation Charge. B. Install and remove single phase service wires and a meter (demand ornon-demand) and S 161 00 read a meter including an Account Initiation Charge. C Install and remove single phase service wires, meter and transformer (up to 50 kVA) on S 653.00 existing pole and read a meter including an Account Initiation Charge. D All other temporary facilities installation and removal. As Calculated DD9 Factlities RelocationlRemoval Charge is made for relocation or removal of Company As Calculated facilities at the request of and for the benefit of the requestor pucsuant to Section 6.1.2.2 of this Tariff for Retail Delivery Service. DD10 Meter Test Charge is made when a Competitive Retailer requests, and Company performs, a meter test and the meter is found to be within the accuracy standards established by the applicable legal authority $ 23.00 A. Single Phase Seff Contained $ 44.00 8. Three Phase Self Contained $ 71.00 C Single Phase Instrument Rated $ 94.00 O Three Phase Instrument Rated DD11 PCB Inquiry and Testing Charge is made for activities and expenses involved in the research 3 125.00 requuaU to respond to PCB inquiries ;eyardiny Company-owned, mineral oil-tilted electrical equipment, plus a lab testing charge if required. Initial charge covers up to four transformers at a specific location. For each additional transformer at the same location, add $20 A. Lab Testing Charge (if required) As Calculated OD12 Service Call Charge is made for responding to a service call that is determined to be a Retail S 50.00 Customer problem rather than a Company problem. OD13 Tampering Charge is made for unauthorized reconnection or other tampering with Company $ 147.00 metering facilities or any theft of electric service by any person on the Retail Customer's premises or evidence by whomsoever dane at Retail Customer's premises. An additional charge for the cost of repairs andlor replacement of damaged facilities and the installation of protective facilities or relocation of meter is made at cost plus appropriate adders. OD14 Off-Site Meter Reading (OMR) Equipment tnstallation Charge is made for installation of Company's "Standard Advanced Metering Equipment" desigred to transmit information via radio to a hand held meter reading device prried by the meter reader This allows for the provision of a meter reading without visual contact with the meter The Company maintains ownership of this equipment. A. During Regular Hours $ 86.00 B. Outside Regular Hours -Non-Holiday S 152.00 C. Outside Regular Hours -Holiday ~ 178.00 DD15 Automated Meter Reading (AMR) Equipment Installation Charge is made for the installation of Company's "Standard Advanced Metering Equipment" designed to transmit information via telephone to a central location. This allows for the provision of meter reading information on cycle or special reading date at the request of a Competitive Retailer The Competitive Retailer must secure Retail Customer commitment to maintain a working telephone circuit and Retail Customer's permission to connect Retail Gustomer's telephone ~~~~~~ /~ ~j t circuit to the meter. The Company maintains ownership of this equipment. / n! ~. (~j~ '+ , ~ ~ ~~ A. Single Phase Self Contained $ 02 b u ~ ~' !' 1 B. Three Phase Self Contained ~ 59.~ ~, F ~p" C Single Phase Instrument Rated P ~p 5 59.0~~ 441~G~:~ D Three Phase Instrument Rated ~ 77 ~~V ~D ~'~MM~ ~~1Na Qo 0? i t w w w w w i s Tariff for Retail Delivery Service TXU T&D Utility 6.1.2 Discretionary Service Charges Sheet: 1 Applicable' Entire Certified Service Area Page 3 of 5 Effective Date: June 1 2001 Revision Original DD16 Automated Meter Reading (AMR) Charge is made for monthly automated meter reading (AMR). A. AMR - Cyde Meter Read S 1.50 B. AMR -Specific Date Meter Read ~ 6.10 DD17 Advanced Metering Interval Load Data Equipment Installation Charge is made for specific As Calculated requests by Competitive Retailer for installation of Company's "Standard Advanced Metering Equipment" designed to access interval load data via telephone. The Competitive Retailer must secure Retail Customer commitment to maintain a working telephone circuit and Retail Customer's permission to connect Retail Customer's telephone circuit to the meter The Company maintains ownership of this equipment. OD18 Advanced Metering Interval Load Data Equipment Maintenance Charge is for monthly 5 7.00 maintenance and telephone support for "Standard Advanced Metering Equipment." DD19 Electrical Pulse Equipment Installation/Replacement Charge is for the installation/replacement of electrical pulse device equipment. A. Installation Charge S 330.00 B. Replacement Charges 1. isolation relay S 212.00 2. Pulse initiator $ 125.00 3. isolation relay & pulse initiator S 272.00 4 Enclosure box $ 119 00 D020 Electrical Pulse Equipment Maintenance Charge is made for the maintenance of electrical $ 10.00 pulse devices. This is an optional service that covers repair/replacement of electric pulse equipment. If Retail Customer does not choose this service. Retail Customer is responsible for replacement charges according to discretionary service charge OD19 DD21 Dual Socket Meter Adapter installation Charge is made for installation of a dual socket ~ 566.00 meter adapter on instrument rated metering facilities to accommodate the Retail Customers meter Company maintains ownership of this equipment. Measurements taken from Company's meter will be used to bill Competitive Retailer for non-bypassable charges and for settlement purposes. DD22 Power Factor Correction Equipment installation Charge is made for the cost of and As Calculated installation of the equipment on Company's Delivery System necessary to correct the Retail Customer's power factor to the level contained in the Company's Tariff for Delivery Service. The Retail Customer will be given the opportunity to!correct problem on Retail Customer's premises prior to Company taking this action. DD23 Non-Standard Service Equipment Inspection/Testing Charge is made for the periodic S 58.00 inspecfion/testing of electric distribution facilities instaited at the request of Retail Customer to enhance service reliability 78 G~~~~~~ P ~?~ G~G~D UJ U G" ..,~t,.is G n:~~t~~~~`'~j, 7ty 00 03 I r w w w i w r Tariff for Retail Delivery Service TXU T&D Utility 6 1.2 Discretionary Service Charges Sheet: 1 Applicable Entire Certified Service Area Page 4 of 5 Effective Oate. January 1 2002 Revision Original DD24 Distributed Generation Pre-Interconnection Study Fee is made 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.Oto10kW 1 Pre-certified, not on network 2. Not pre-certified, not on network 3. Pre-certified, on network 4 Not pre-certified on network ' B. 10+ to 500 kW 1 Pre-certified, not on network 2. Not pre-certified, not on network 3. Pre-certified, on network 4. Not pre-certified on network C 500+ to 2000 kW 1 Pre-certified, not on network 2. Not pre-certified, not on network 3. Pre-certified, on network 4 Not pre-certified on networtc D. 2000+ kW 1 Pre-certified, not on network 2. Not pre-certified, not on network 3. Pre-certified, on network 4. Not pre-certfed on network EXPORTING A. 0 to 10 kW 1 Pre-certified, nok on network 2. Not pre-certified, not on network 3. Pre-certified, on network 4. Not pre-cert~ed on network B. 10+ to 500 kW 1 Pre-certified, not on network , 2. Not pre-certified, not on network 3. Pre-certified, on network 4 Not pre-certified on network C. 500+ to 2000 kW 1 Pre-cert~ed, not on network 2. Not pre-certified, not on network 3. Pre-certified, on network 4 Not pre-certified on network D. 2000+ kW 1 Pre~cer6fied, not on network 2. Not pre-certified, not on network 3. Pre-certified, on network 4 Not pre-certified on network " 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 curcent. $ 0 S 220 S 200` S 330 $ 180" ~ 320 $ 960` S 1 725 S 510 $ 650 S 2,550 S 2,550 S 860 $ 1 000 5 3,000 $ 3,653 5 0 ^~ 220 5 200" $ 330 S 180«` $ 320 S 1,290' $ 1,890 S 510 S 650 S 3,300 S 3,440 $ 860 S 1,000 S 3,650 S 3 780 Ur~IS~IJ ~Q ~.r ~ @I.~Y Y® 7s ~~ 04 Tariff for Retail Delivery Service TXU T&D Utility f 6.1.2 Discretionary Service Charges Sheet: 1 Applicable Entire Certified Service Area Page 5 of 5 Effective Date. January 1 2002 Revision Original OD25 Retail Delivery Service Switchover Charge is made for a request to switch service to a consuming facility to another utility that has the right to serve the faplity and shall be handled pursuant to Public Utility Commission of Texas Substantive Rule §25.27 a copy of which will be provided upon request. Self Contained A. Base Charge 5 250.00 B. Base Charge Adder S 115.00 Instrument Rated C. Base Charge $ 455 00 D Base Charge Adder . S 255.00 E. Facilities Recovery Charge As Calculated DD26 Miscellaneous Discretionary Service Charge is made for discretionary services not covered As Calculated by the standard conditions above and provided in accordance with Commission Substantive Rules and are charged on the basis of an estimate for the job or the Company's cost plus appropriate adders. TD1(R) Transmission Facilities Relocation Study Charge is made for a study performed by As Calculated Company at request of Retail Customer for the relocation of transmission or substation facilities. TD2(R) Transmission facilities Relocation Charge is made for the relocation of transmission As Calculated facilities at re uest of Retail Customer TD3(R) Power Factor Correction Facilities Installation Charge is made for the installation of power As Calculated factor correcting facilities by Company due to failure of Retail Customer to maintain required ower factor TD4(R) Miscellaneous Transmission Discretionary Services Charge is made for additional As Calculated transmission related discxetionary services as requested by Retail Customer in accordance with Commission Substantive Rules and Com an 's Commission-a roved service re ulations. R ~; ~ ~~-~~~~ ~~y`~ ~~~~CGG°~D uj` ~~~1~~?~ ~~G~il `~~. 1L ~~r l ~9 ~J ~` ~i~`~dC~ ~i ~~~a 8~ O o O Tariff for Retail Delivery Service TXU T8~0 Utility 6 1.2 Discretionary Service Charges Sheet: 1 Applicable Entire Certified Service Area Page 1 of 1 Effective Date: June 1 2001 Revision Original 6.1.2.1 -Discretionary Charges -Other Than Construction Service Charges AVA1LABiLITY 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 inGude: DD1 Account Initiation Charge DD2 Out-of-Cycle Meter Reading Charge DD3 Connection Charge DD4 Retail Customer Requested Clearance Charge DD5 Disconnect/Reconnect Charge OD10 Meter Test Charge DD11 PCB Inquiry and Testing Charge DD12 Service Call Charge DD13 Tampering Charge DD14 Off-Site Meter Reading (OMR) Equipment Installation Charge DD15 Automated Meter Reading (AMR) Equipment Installation Charge DD16 Automated Meter Reading (AMR) Charge D017 Advanced Metering Interval Load Data Equipment Installation Charge D018 Advanced Metering Interval load Data Equipment Maintenance Charge DD19 Electrical Pulse Equipment Installation/Replacement Charge DD20 Electrical Pulse Equipment Maintenance Charge DD21 Dual Socket Meter Adapter Installation Charge D022 Power Factor Correction Equipment Installation Charge DD23 Non-Standard Service Equipment Inspection/Testing Charge OD24 Distributed Generation Pre-{nterconnection Study Fee DD25 Retail Delivery Service Switchover Charge DD26 Miscellaneous Discretionary Service Charge TD3(R) Power Factor Correction Facilities Installation Charge TD4(R) Miscellaneous Transmission Discretionary Services Charge ~~~ ~~~~~~ ~'~~G ~~D ~l~fe`~~~ ~~t~o ~ 81 rlo ~~ Tariff for Retail Delivery Service ,~ TXU T8~D Utility 6.1.2 Discretionary Service Charges Sheet: 2 Applicable: Entire Certified Service Area Page 1 of 5 Effective Oate: January 1, 2002 Revision Original 6.1.2.2 -Discretionary Charges -Construction Service '~. AVAILABILITY Applicable to all Competitive Retailers and Retail Customers requesting construction services by the Company in accordance with Section 5.7 of this Tariff. The service charges listed below are in addition to any other charges made under Company's Tariff for Retail Delivery Service, and will be applied for the appropriate condition described. Other services not covered by these standard conditions will be charged on the basis f~ of an estimate for the job or the Company's cost plus appropriate adders and will be provided in accordance with Commission Substantive Rules. Discretionary Charges for Construction Service include. DD6 Delivery System Facilities Installation Charge DD7 Additional Service Design Charge DOS Temporary Facilities Charge DD9 Facilities RelocatioNRemovaf Charge TD1(R) Transmission Facilities Relocation Study Charge T02(R) Transmission Facilities Relocation Charge 6 1.2.2.1 General. DistribLttion f=acilities 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 evith 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 norrnally made at no cost to Retail Customer except.in those instances where the cost of the requested extension of Company's facilities is in excess of the standard allowances stated herein, or where the installation of non-standard facilities is requested. Iri these instances, a contribution in aid of construction ("CIAC") is required from Retait Customer for all extensions where the estimated cost of the extension is in excess of the standard allowances. 6.1.2.2.1 1 Standard Distribution Facilities Company's standard distribution facilities consist of the Delivery System facilities necessary to transport Electric Power and Energy from a single, single-phase or three-phase distribution source to Retail Customer at one Point of Delivery with one standard Meter atone of ~! Company's available standard voltages. 6.1.2.2.1.2 Non-standard Facilities E. Non-standard facilities include but are not limited to a two-way feed, automatic and manual transfer switches, service through more than one point of delivery, redundant facilities, facilities in excess of those normally required for service, or facilities necessary to provide service at anon-standard voltage. if Retail Customer desires Delivery Service utilizing non-standard facilities, as described above, and not covered elsewhere in these Service Regulations, then Company may construct such facilities pursuant to Section 5.7.5, NON-STANDARD FACILITIES and Section 6.1.2.2.6, NON-STANDARD FACILITY EXTENSIONS. 6.1.2.2.1.3 Retail Customer's Electrical Installation Retail Customers Electrical Installation must comply with the requirements sef 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 Customers expense, any rights-of-way on property owned or coratrolle.- by ~ ~ ~ Retail Customer which are necessary for Company to install Delivery System facilities for the purpose of delivering Ele ri~uP~iw~`r"a '~'~ tt`i~\'J~~l'J Energy to the Retail Customer ~ a rn na ~ n u j` ~7~r ~~ ~ji~'~ °~t~~ Retail Customer provides, withouf cost to Company suitable space on Retail Customers premises for the installation o Delliery Sy,St~iri' M facilities necessary to transport Electric Power and Energy to the Retait Customer and for installation of Company's met ringfaci,ltieY~~{4;"~~~+~~ ~ I:{ 6.1.2.2.2 Overhead Delivery Service 6.1.2.2.2.1 Standard Service Drop Cornpany provides, installs, and maintains Service Drop to the Point of Delivery approved by Company Retail Customer provides point of attachment, which is acceptable to Company so that Service Drop meets requirements of alt applicable codes. Company may furnish a bracket (such as service mast bracket, eye bolt, house knob metal clevis, etc.) to be installed on Retail Customer's Premises 82 OQ 07 1 ~ ~ Tariff for Retail Delivery Service TXU T8~D Utility 6 1.2 Discretionary Charges Sheet: 2 Applicable: Entire .Certified Service Area Page 2 of 5 _ Effective Oate. January 1, 2002 Revision Original at the point of attachment for Company's service drop. Company may install bracket on Retail Customer s wood structure or buildiny where Retail Customer provides visible support acceptable to Company for bracket. For structures other than wood, Retail Customer provides adequate support approved by Company and installs bracket. 6 1.2.2.2.2 Service Entrance Conductor Retail Customer's Service Entrance Conductors are terminated on the outside of the service head and will not be less than 24 inche's or the minimum length required by local ordinances, whichever is greater The connections between the Retail Customer's service entrance conductors and the Company's Service Drop conductors are made by Company 6.1.2.2.2.3 Connections at Point of Delivery Company makes connections of Company's conductors to Retail Customer's conductors at the Point of Delivery 6 1.2.2.3 Underground Delivery Service Underground service is provided to Retail Customer under the following conditions: a) Location and routing of Company's Delivery System is determined by Company b) Prior to beginning of construction, Retail Customer provides easements at no cost to Company for the underground conductors, padmount transformers and associated equipment. c) Company may extend its conductors to Retail Customer's switchgear or service entrance enclosure when Company considers such conductors as being outside of building. d) Before the installation of Company's underground Delivery System facilities, Retail Customer completes rough site grading, establishes final grade along the conductor route, and clears area of all obstructions. Any installation of obstructions (such as asphalt or concrete walk, driveway street, alley parking facilities, etc.) which interfere with the installation of Company facilities will be corceCted by and at the expense of Retail Customer No change is made in the grade along the conductor route or easement without consent of Company Any change in grade which requires the lowering or raising of electrical conductors or associated equipment is at the expense of Retail Customer e) Competitive Retailer or Retail Customer pays any amount due under this Rate Schedule, as applicable. 6.1.2.2.3 1 Delivery Service from Company's Existing Underground Delivery System In certain areas of the Company's Delivery System, since substantial investments have been made in underground service facilities and overhead service extensions into these areas are impractical and would nullify the benefits of past investments, Company retains the right to limit Delivery Service to Retai! Customer from Company's existing underground Delivery System. The phase and voltage of Delivery Service in areas served from Company's underground Delivery System may be limited to that which can be provided from existing facilities. 6.1.2.2.3.2 Service Lateral Company furnishes, installs and maintains the Service lateral connecting Company's Delivery System to Retail Customer's Point of Delivery Where Retail Customer installs or plans to install obstructions (asphalt or concrete walk, driveway retaining wall, paved parking lot, etc.) in the path of Company's service lateral, Company will require Retail Customer to provide and install Raceway for Company's service lateral to Company specifications. Should Retail Customer not install necessary Raceway for Service Lateral prior to the installation of obstructions or should Retail Customer's service route change after the installation of obstructions where no Raceway exists for new Service Lateral location, Retail Customer must make the necessary Raceway installations prior to Service Lateral installations. 6.1.2.2.3.3 Transformer and Equipment Company provides, installs, owns and maintains transformer and equipment for Retail Customers taking service at secondary voltage. Retail Customer provides without cost to Company space on Retail Customer's Premises suitable fo Company for.the installation of transformers and other equipment required to provide Delivery Service to the Retail Customer Retail Customer provides adequate and accessible pad space as determined by Company to allow transformer equipment maintenance and replacement. Required space for equipment considers any above ground construction or portion of a building which extends over the pad. Passagew ys d~quate~to --~~e. accommodate trucks or other necessary lifting and hauling equipment are provided by Retail Customer to allow repl c ~~fitfot<; ri Jr~(`~~ (~® transformers and other devices. ~"I"~~tt~ ~~G~~ rd lam„ JV Up. Q 6.1.2.2.3.4 Vault ~u!~i11f ~`~u'. !e ~ When a vault for Company's transformers, switchgear or other facilities is required on Retail Customer s Premises, nd locatidnsis 'k k( YS~ ! 11 ~`1 id acceptable to Company Retail Customer provides and installs the vault in accordance with Company speci6cafions If the,~u~,U~t~is%..~j ~~~a 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 83 0 o Q ~l ~ s Tariff for Retail Delivery Service TXU T&D Utility 6.1.2 Discretionary Service Charges Sheet: 2 Applicable: Entire Certified Service Area Page 3 of 5 Effective Date: January 1, 2002 Revision Original 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 LSnder any other conditions, Retail Customer takes service outside the building. 6 1.2.2.4 Meter All Meters used to measure the amount of Electric Power and Energy delivered by Company for use in the calculation of Delivery System Charges are owned, installed and maintained by Company All Meter transformers and transockets shall be furnished and owned by Company for these purposes. Where Retail Customer requests the installation of a Meter other than Company's standard Meter Retail Customer pays the appropriate installation and monthly maintenance cost in accordance with the applicable rate schedule in Section 6.1.2 of this Tariff. Company may at its option and at its expense, relocate any Company-owned meter In case of a relocation made necessary due to inaccessibility hazardous location, or dangerous conditions for which Retail or Wholesale Customer is responsible, or in order to prevent ~, a recurrence of unauthorized use of Delivery Service or tampering with Company equipment. Retail Customer's Competitive Retailer or Wholesale Customer maybe required to relocate the metering equipment to a location agreeable to Company Under no circumstances is any meter installation to be moved or relocated except as authorized by Company ~ 6 1.2.2.5 Standard Facility Extensions. Distribution Extension of standard facilities to permanent Retail Customers within Company's certificated area where the estimated cost to extend facilities does not exceed the standard allowances stated herein, will be provided to Retail Customers at no cost. The cost of the extension is calculated using the route of the new line, as determined by Company from Gompany 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 aone-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 i 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 maxirttum annual demand of less than 20 kW for a distance of up to 300 feet if electric service desired by Retail Customer is of the type and character of electric service which Company provides. The distance of the extension is measured using the route of the new line from Company distribution facilities, which includes primary secondary and service drop to the point of delivery When two or more applications for electric service from the same extension are received prior to starting construction of the line extension, the maximum length of the overhead extension provided at no charge is up to the number of applicants times 300 feet. Retail Customer makes a one , time non-refundable contribution in aid of construction for the cost of providing an extension in excess of such amount based upon an estimated cost per foot for the type of facility installed. 6.1.2.2.5.2 Underground Extensions for Small Loads Company makes extension of underground single phase electric service without charge to permanent Retail Customers having an estimated maximum annual demand of less than 20 kW if electric service desired by Retail Customer is of the type and character of electric service which Company provides, and if the cost of the extension does not exceed an amount equivalent to' 300 feet of overhead radial single phase circuit. The cost of the extension is calculated using the route of the new line from Company distribution facilities which includes primary secondary and service lateral to the point of delivery When lwo or more applications for electric service from the same extension are received prior to starting construction of the line extension, the extension wiN be provided without charge 'rf the total cost of the extension does not exceed an amount equal to the number of applicants times an amount equivalent to 300 feet of overhead radial circuit. Retail Customer makes a one time non-refundable contribution in aid of construction for the cost of providing an extension in excess of such amount based upon either an estimated cost per foot for the type of facility installed or a specific cost study 6 1.2.2.5.3 Calculation of Contribution in Aid of Construction ("CIAC") for All Other E e.nso The amount of the CIAC for Delivery System Construction Service is determined by the appropriate formula below tt~e~ _~d~~i~f,~~ ~1~~,~ (~D calculated below is zero or negative, no contribution in aid of construction is required for provision of Construction S rv !I Ut lJ U~ calculations and component costs used in the determination of the contribution in aid of construction will be provide to t~~aly~Y`'"srt~'omGY y~~ p Ili; ~ ~?l~.l.~l(~'~~~ upon request. {{~~f ~ ~ t ~LSW Retail Customers with a Maximum kW Demand Greater Than or Equal to 20 kW Amount =Direct Cost - (Standard Allowance Factor x Maximum kW Demand] Direct Cost - The current average cost of each component of Delivery System facilities necessary to provide Delivery Service to Retail Customer determined by a computer estimate of all necessary 84 ~~ ~~ Tariff for Retail Delivery Service TXU T&D Utility ~, 1. 6.1.2 Discretionary Service Charges Sheet. 2 Applicable: Entire Certified Service Area Page 4 of 5 Effective Date. January 1, 2002 Revision. Original expenditures, including, but not limited to metering, services, transformers, and rearrangement of existing Delivery System faci{ities. This cost includes only the cost of the above-mentioned facilities that are necessary to provide Delivery Service to the particular Retail Customer requesting service and does not include the costs of facilities necessary to meet future load growth anticipated to develop within two (2) years, or to improve the service reliability in the general area for the benefit of existing and future Retail Customers. Standard Allowance Factor The appropriate factor set forth below for all Retail Customers with a Maximum kW Oemand greater than ore uat to 20 kW, b rate class. Rate Class Maximum kW Demand - General Service Secondary General Service Primary 527/kW $19lkW High Voltage $3lkW Company's estimate of Retai{ Customer's maximum i5-minute kW demand based on expected usage patterns and load or equipment data supplied by Retail Customer 6.1.2.2.5.4 Retail Customer Requested Facility Upgrades In the case of upgrades to Delivery System faalities necessitated by Retail Customer adding load in excess of existing Delivery System facility capacity only the cost of the facility upgrades that are attributable to the Retail Customer's request are included in calculating a CIAC. The Maximum kW Demand amounts, used in the CIAC calculation found in the subsection above shall reflect only the additional estimated kW demand directly attributable to the added load. 6.1.2.2.5.5 Unused Allowance Under no circumstance shall any unused allowance be paid or credited to the Retail Customer or used to reduce the cost for installation of non-standard distribution facilities ornon-standard street lighting facilities. 6 1,2.2.6 Non-Standard Facility Extensions Distribution If Retail Customer desires Delivery System service which involves non-standard facilities as described in Section 6.1.2.2.1.2 of this Tariff, in addition to the cost in excess of the standarct allowance described in Section 6.1.2.2.5.3 for construction of standard facilities, if any Retail Customer pays Company prior to Company's construction of non-standard facilities the total estimated cost of all non-standard facilities to meet Retail Customer`s request. Company may terminate the provision of any Delivery Service utilizing non-standard facilities at the end of the contract term, or in the absence of a contract term, on reasonable notice to Retail Customers Competitive Retailer 6.1,2.2.7 Temporary Delivery System Facilities Distribution Retail Customer pays Company prior to Company's constructing temporary Delivery System facilities an amount equal to the estimated cost of installing and removing the facilities, plus the estimated costs of materials to be used which are unsalvageable after removal of the installation as set forth in Section 6.1.2 of this Tariff. 6.1.2.2.8 Removal and Relocation of Company's Facilities. Distribution Company may remove or relogte Company facilities at Retail Customers request. If removal or relocation of Company facilities is associated with a change in Retail Customers distribution requirements that results in additional revenue to the Company, such removal or relocation costs wrll be included as a direct cost in the calculation of the contribution in aid of construction; and the amount due from Retail Customer will be based on the provisions of Section 6.1.2.2.5, 'Calculation of Contribution in Aid of Construction" The Maximum kW Demand amounts used in the CIAC calculation shall reflect only the additional kW demand directly attributing to the added revenue to the Company In all other cases, Retail Customer pays the total cost of removing or relocating such facilities. 6 1.2.2.9 General Transmission and Transformation Facilities ~ - :~,~~~ Y~ ~~V~© Transmission facilities ace those facilities o erated at 60 kilovolts or above. Transformation facilities are those facilitie fro: ~~~~ ~~f~. 6i V p voltage side of the load serving substation transformer through the remainder of the substation. Company is responsib e fgqf3h~° n ~ ~,,~h ., construction, extension, upgrade, or alteration of transmission and transformation facilities necessary to connect Retail uS~otrye{sr~siCC'~q,.,~G~~UJlllttl~ j~.~; '~fhn,,,;;~ Point of Delivery to Company's Delivery System in conjunction with Section 5.7, FACILITIES EXTENSION POLICY an the= erm, land ~ ~~~ ~~~q wK v~v!ti; conditions contained herein. Company makes extension of Delivery System facilities to Retail Customer's electrical in taila~tionzso:~as..lo minimize the cost of such extension. F~ctension is normally made at no cost to Retaii Customer except in (hose instances where the installation of non-standard facilities is requested. In these instances, a contribution in aid of construction ("CIAC') is required Erom Retail Customer 6.1.2.2.9 1 Standard Facilities Company's standard facilities consist of the overhead Oe{ivery System facilities necessary to transport Electric Power and Energy from a single, transmission or transformation source to Retail Customer at one Point of Delivery with one standard Meter at one of Company's available standard voltages. 85 Standard Allowance Factor 0 0 _l 0 ! • Tariff for Retail Delivery Service TXU T&D Utility 6,1.2 Discretionary Service Charges Sheet: 2 Applicable: Entire Certified Service Area Page 5 of 5 Effective Date. January 1, 2002 Revision: Original 6.1.2.2.9.2 Non-standard Facilities Non-standard facilities include but are not limited to a two-way feed, underground facilities, automatic and manual transfer switches, service through more than one point of delivery redundant facilities, facilities in excess of those normally required for service, or facilities necessary to provide service at anon-standard voltage. 1( Retail Customer desires Delivery Service utilizing non-standard facilities, as described above and not covered elsewhere in these Service Regulations, then Company may construct such facilities pursuant to Section 5.7.5, NON-STANDARD FACILITIES and Section 6.1.2.2.11 NON-STANDARD FACILITY EXTENSIONS. 6 1.2.2.9.3 Retail Customer's Electrical Installation Retail Customer's Electrical Installation must comply with the requirements set forth in Section 5.4 ELECTRICAL INSTALLATION AND RESPONSIBILITIES, Section 5.5, RETAIL CUSTOMER'S ELECTRICAL LOAD and Section 5.6, LIMITATIONS ON USE OF DISTRIBUTION SERVICE of this Tariff. Company makes connections of Company's conductors to Retail Customer's conductors at the Point of Delivery 6.1.2.2.9.4 Space Requirements Retail Customer grants to or secures for Company at Retail Customer's expense, any rights-of-way on property owned or conVOlled by Retail Customer which are necessary for Company to install Delivery System facilities for the purpose of delivering Electric Power and Energy to the Retail Customer Retail Customer provides, without cost to Company suitable space on Retail Customer's premises for the installation of Delivery System facilities necessary to transport Electric Power and Energy to the Retail Customer and for installation of Company's metering facilities. 6.1.2.2.10 Standard Facility Extension Transmission and Transformation Extension of standard transmission and transformation facilities to permanent Retail Customers within Company's certificated area will be provided to Retail Customers at no cost. The cost of the standard extension is calculated using the route of the new line, as determined by Company from Company Delivery System facilities which includes transmission and transformation facilities, to the Point of Delivery 6.1.2.2.10.1 Retail Customer Requested Facility Upgrades In the case of upgrades to transmission or transformation facilities necessitated by Retail Customer adding load in excess of existing facility capacity, standard facility upgrades that are attributable to the Retail Customer's request will be provided to Retail Customer at no cost. 6 1.2.2.11 Non-Standard Facility Extensions Transmission and Transformation If Retail Customer desires transmission or transformation service which involves non-standard facilities as described in Section 6.1.2.2.9 of this Tariff, Retail Customer pays Company prior to Company's construction of non-standard facilities the total estimated cost of all non- standard facilities to meet Retail Customers request, unless Company and Retail Customer agree on another mutually acceptable arrangement. Company may terminate the provision of any Delivery Service utilizing non-standard facilities at the end of the contract term, or in the absence of a contract term, on reasonable notice to Retail Customer's Competitive Retailer 6 1.2.2.12 Temporary Delivery System Facilities Transmission and Transformation Retail Customer pays Company prior to Company's constructing temporary Transmission or transformation facilities an amount equal to the estimated cost of installing and removing the facilities, plus the estimated costs of materials to be used which are unsalvageable after removal of the installation. ~~~6r~C~r ~'~rur~D ~~~ ~~~L ~~~G~~l ~j ~~~~ ~,rr:~~,~ b 0a tfif~l`~'~i:~li~it4 Ut~Wo 86 0 0 .11 • Tariff for Retail Delivery Service TXU T8~D Utility 6 1.2 Discretionary Service Charges Sheet: 3 ,_ Applieable~ Entire Certified Service Area Page 1 of 1 Effective Date January 1 2002 Revision Original 6.1.2.3 -Distributed Generation _ Company will allow the interconnection and parallel operation of on-site Distributed Generation ("DG') with Company's distribution system in accordance with Commission Substantive Rules 25.211 and 25.212. For purposes of this Section, Distributed Generation ~- refers to an electrical generating facility located at a Retail Customers point of delivery of ten megawatts (10 MV10 or less and connected at a voltage Jess than or equal to 60 kilovolts (kV). Sales of power by a distributed generator in the wholesale market are subject to the provisions of Commission Substantive Rules. ~_. Interconnection Requirements Availability ~. Retail Customers requesting interconnection and parallel operation of Distributed Generation shall complete the Commission approved Application for Interconnection and Parallel Operation of Distributed Generation with the Utility System contained in Section 6.3 of these Service Regulations. Pre-Interconnection Studies Company shall perform pre-interconnection studies, which shall include a service study coordination study and utility system impact study as needed in compliance with Commission Substantive Rules 25.211 and 25.212. In instances where such studies are deemed necessary the scope of such studies shall be based on the characteristics of the particular distributed generation facility to be interconnected and the Company's distribution system at fhe specific proposed location. Company shall charge fees for Pre- Interconnection Studies pursuant to the applicable rate schedule contained in Section 6.1.2 of this Tariff. Agreement Upon determination that the Retail Customer's facility is consistent with the safe and reliable operation of the Company's distribution system and Retail Customer elects to pursue interconnection and parallel operation of Retail Customer's Distributed Generation facility Company and Retail Customer shall enter into an Agreement for Interconnection and Parallel Operation of Distributed Generation contained in Section 6.3 of this Tariff, which sets forth the contractual conditions under which Company and Retail Customer agree that one or more facilities may be interconnected with the Companys distribution system. Technical Requirements Retail Customers installation must comply with the technical requirements and Retail Customer must comply with procedures set forth in Commission Substantive Rule 25.212 for safe and effective connection and operation of Distributed Generation, which describes typical interconnection requirements. Company may require Retail Customer to install and use of more sophisticated protective devices and operating schemes when the DG facility is exporting power to the Company's system or when otherwise required due to specific interconnecfion location and conditions. Distribution Service to DG Distribution service provided to a Retail Customer operating Distributed Generation in parallel with the Company's distribution system is available pursuant to this Tariff and agreements for such distribution service. G~~u~Cl~~~ ~'~~~~~D ~~~ ~~~1~~ r~~~~ ~i ~'~~su ~~ ~~ ® ~~ 9 1 Q 87 n ll~ 12 f_ ~ s Tariff for Retail Delivery Service TXU T&D Utility 6.1.2 Discretionary Service Charges Sheet: 4 Applicable Entire Certified Service Area Page 1 of 1 Effective Date. January 1, 2002 Revision Original 6.1.2.4 -Additional Discretionary Charges ~. f I NOT APPLICABLE ~~~~ra~~~ G~~~~~G°~D ~~~~' ~~~~ ~~ f~~~~ $8 00 13 '; STATE OF TEXAS § COUNTIES OF TARRANT AND DENTON § 1, GLORIA PEARSON, City Secretary of the City of Fort Worth, Texas do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 15276, and which ordinance was duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the Stn day of October, A.D 2002, as same appears of record in the Office of the City ., Secretary .~},., WITNESS MY HAND and the Official Seal f the City,: of Fort Worth, Texas, this the 9th day of October, A.D., 2002. ' ~ ~ ~ ~=~ _~ ,~ -~ = Gloria Pearso ~ ~ ~ity Secretary City of Fort W "~- h ;Texas ~rj"~W~7,, 1 i,, City of Fort Worth, Texas Mayor and. Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/8/02 **G-13759 120NCOR 1 of 1 SUBJECT ORDINANCE AMENDING ORDINANCE NO 11634, FRANCHISE TO ONGOR . ELECTRIC DELIVERY COMPANY (SUCCESSOR TO TXU ELECTRIC) BY CHANGING THE METHOD IN WHICH FRANCHISE FEES WILL BE CALCULATED RECOMMENDATION ~G It is recormmended that the City Council adopt the attached ordinance amending Ordinance No ~1 (the Franchise), the grant of a franchise to Oncor Electric Delivery Company (Oncor), successor to TXU Electric, for use of public rights-of-way in the City of Fort Worth by changing the method in which franchise fees will be calculated DISCUSSION The City's Franchise with Oncor allows Oncor to use public rights-of-way within the City for the delivery of electricity to customers located in the City of Fort Worth In return,. the Franchise requires Oncor to pay the City a franchise fee` of 4% of Oncor's resulting gross receipts In 2000, the City sued Oncor for underpayment of franchise fees under the Franchise On August 8, 2002 (M&C G-13691), the City Council authorized the City to settle the lawsuit. One of the conditions of the settlement is that the Franchise be amended to provide a more specific definition of gross receipts The attached ordinance contains the substantive ordinance provisions that the City Council previously approved through M&C G-13691 and accomplishes the condition of the " settlement by specifying. what types of services provided by Oncor will be subject to a franchise fee and the specific manner in which that franchise fee will be calculated FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the Revenue Office of the Finance Department will be responsible for the collection of fees due under this agreement. CB.n Submitted for City Manager's FUND ACCOUNT CENTER. AMOUNT CITY SECRETARY Office by: (to) GG01 421292 0134010 Charles Boswell 6183 Originating Department Bead: David Yett 7623 (from) APPROVED 10/08/02 ORD.# 15276 Additional Information Contact: Peter Vaky 7601 Gerald Pruitt 7616