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HomeMy WebLinkAboutORD 1858 CenterPoint Electric Franchise Agreement ORDINANCE NO. 1858 CITY OF WEST UNIVERSITY PLACE, TEXAS AN ORDINANCE GRANTING TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE PUBLIC RIGHTS-OF- WAY AND TO USE, LICENSE, OR EXPLOIT THE COMPANY'S FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY TO CONDUCT AN ELECTRIC DELIVERY BUSINESS IN THE CITY AND FOR SUCH OTHER BUSINESS PURPOSES AS THE COMPANY MAY DESIRE FROM TIME TO TIME, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THE GRANTING OF ACCESS TO THOSE FACILITIES FOR THE DELIVERY OF BROADBAND OVER POWER LINES OR SIMILAR SERVICE WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS. ** * *** WHEREAS, City of West University Place, Texas Ordinance No. 733 (the "Prior Franchise") granted an electrical lighting and power franchise to Houston Lighting & Power Company, for a term expiring March 15, 2008; and WHEREAS, Company is the successor to Reliant Energy, Incorporated ("REI"), which was the successor to Houston Lighting & Power Company, by virtue of a corporate restructuring of REI that occurred in August 2002, in which REI was merged with and into an indirect wholly owned subsidiary of CenterPoint Energy, Inc., which was converted into a limited liability company and was renamed CenterPoint Energy Houston Electric, LLC; and WHEREAS, Company owns and operates an electric delivery business within the corporate limits of the City and Company is willing to continue to provide electric delivery services within the corporate limits of the City; and WHEREAS, Company and the City have reached agreement on the terms and conditions by which they will amend the Prior Franchise and extend the term of the Prior Franchise for an additional twenty five (25) years to March 15, 2033; and WHEREAS, it is hereby found and determined by the City Council of the City of West University Place that it is in the best interests of the City that the Prior Franchise granting to the Company the right to use the public rights-of-way to conduct an electric delivery business in the City and for such other business purposes as the Company may desire from time to time be amended and extended for an additional twenty-five (25) year term, subject to the terms and conditions described in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the facts contained in the preamble to the Ordinance are determined to be true and correct and are hereby adopted. Section 2. Definitions. Annual Adjustment Factor has the meaning set forth in Section 11 below. Annual Franchise Fee has the meaning set forth in Section 11 below. Broadband over Power Lines (BPL) or 'flccess BPL" has the same meaning as that used by the Federal Communications Commission in Section 15.3 of its Rules as reprinted below: Access Broadband over Power Line (Access BPL). A carrier current system installed and operated on an electric utility service as an unintentional radiator that sends radio frequency energy on frequencies between 1.705 MHz and 80 MHz over medium voltage lines or over low voltage lines to provide broadband communications and is located on the supply side of the utility service's points of interconnection with customer premises. Access BPL does not include power line carrier systems as defined in Section 15.3(t) of this part or In-House BPL as defined in Section 15.3(gg) of this part. City means the City of West University Place, Texas, a municipal corporation of the State of Texas. City Council means the governing body of the City, or its designee. Company means CenterPoint Energy Houston Electric, LLC, a Texas limited liability company. Effective Date means the first day of the month in which the Franchise receives final passage by the governing body of the City. First Rate Case has the meaning set forth in Section 14 below. Force Majeure means forces or conditions not reasonably within the control of a party, including a strike; war or act of war (whether an actual declaration of war is made or not); insurrection; riot; act of public enemy; accident; fire; flood or other act of God; sabotage; shortages in materials, supplies and equipment; governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of services; unforeseen and unusual demands for service; or other events, where the affected party has exercised all due care in the prevention thereof and such causes or other events are without the fault or negligence of the affected party. Franchise means this Ordinance and the rights and privileges granted by this Ordinance. Franchise Year has the meaning set forth in Section 11, below. Franchise Area means the area within the boundaries of the City as of the Effective Date and as same may change from time to time during the term of the Franchise. Initial Franchise Period shall have the meaning set forth in Section 11, below. Other Services means any service, exclusive of the transmission and distribution of electricity, provided or allowed to be provided through the use or license of the System for a fee, including but not limited to BPL. Person means any individual, firm, partnership, association, corporation, company or organization of any kind. Prior Franchise has the meaning set forth in the first Whereas clause, above. Public Rights-of-Way means the areas in, under, upon, over, across, and along any and all of the present and future Streets or streams now or hereafter owned or controlled by City. Public Works Improvement Projects has the meaning set forth in Section 5, below. PUC means the Public Utility Commission of Texas or its successor agency with equivalent jurisdiction. Retail Customer means any Person taking delivery of electricity from Company, at a point of delivery within the Franchise Area. Street means the surface and the space above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way. System means the Company's facilities erected, constructed, maintained, operated, used, extended, removed, replaced, and repaired, as necessary, by Company pursuant to this Franchise, including without limitation, all poles, pole lines, towers, transmission lines, wires, guys, conduits, cables, and other desirable instrumentalities and appurtenances (including telegraph and telephone poles and wires for use of Company), necessary and proper for the purpose of transmitting and distributing electricity to the City and the inhabitants of said City or other Persons, for any purpose for which electricity may be used. Section 3. Subject to the terms, conditions and provisions of this Franchise, City hereby grants to Company the right, privilege and franchise to use City's Public Rights- of-Way to construct, maintain, operate and use Company's System to conduct within the City an electric delivery business and the right to use, license, or exploit the System within the Public Rights-of-Way for Other Services. This Franchise does not restrict City's right to impose reasonable fees upon third parties for the use of the Public Rights- of-Way to provide Other Services, so long as such fees are assessed on a non- discriminatory basis with those charged to other companies providing services competitive with the Other Services. Section 4. Upon the filing with City by Company of the acceptance required hereunder, the Prior Franchise shall terminate and shall be replaced and superseded, in its entirety, by this Franchise; this Franchise shall remain in full force and effect for a term and period of twenty five (25) years from and after March 15, 2008. Section 5. All poles erected by Company pursuant to the authority herein granted shall be of sound material and reasonably straight, and shall be so set that they shall not interfere with the flow of water in any gutter or drain, and so that the same shall interfere as little as practicable with the ordinary travel, on the Streets or other Public Rights-of-Way. Within the Streets or other Public Rights-of-Way of City, the location and route of all poles, stubs, guys, anchors, lines, conduits and cables placed and constructed and to be placed and constructed by Company in the construction and maintenance of Company's System in the City, shall be subject to the reasonable and proper regulation, control and direction of City, or of any City official to whom such duties have or may be duly delegated, which regulation and control shall include, but not by way of limitation, the right to require in writing, to the extent provided in Section 10, the relocation of Company's System at Company's cost within the Streets or other Public Rights-of-Way whenever such shall be reasonably necessary to accommodate improvement projects within such Streets or Public Rights-of-Way by the city department with primary responsibility for public works projects ("Public Works Improvement Projects"). Section 6. In consideration for the compensation set forth in Sections 11 and 15, City agrees that if City sells, conveys, or surrenders possession of any portion of the Public Right-of-Way that is being used by Company pursuant to this Franchise, City, to the maximum extent of its right to do so, shall first grant Company an easement for such use; and the sale, conveyance, or surrender of possession of the Public Right-of-Way shall be subject to the right and continued use of Company. Section 7. Following completion of work in Public Rights-of-Way, Company shall repair the affected Public Rights-of-Way as soon as possible, but in all cases shall comply with all valid City ordinances governing time periods and standards relating to excavating in the Public Rights-of-Way. No Street or other Public Right-of-Way shall be encumbered by construction, maintenance or removal work by Company for a longer period than shall be necessary to execute such work. Section 8. The service furnished hereunder to City and its inhabitants shall be first-class in all respects, considering all circumstances, and Company shall furnish the grade of service to Retail Customers as provided by its rate schedules and shall maintain its System in reasonable operating condition during the continuance of this Franchise. Company's tariffs shall govern the rates, access to service, terms and quality of electric delivery services provided by Company. An exception to this requirement is automatically in effect when due to Force Majeure. In any Force Majeure event, Company shall do all things reasonably within its power to restore normal service. Section 9. Company, on the written request of any person, shall remove or raise or lower its wires temporarily to permit construction work in the vicinity thereof or to permit the moving of vessels, houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and Company may require such payment in advance, being without obligation to remove, raise, or lower its wires until such payment has been made. Company shall be given adequate, and in no event less than forty-eight (48) hours, advance notice to arrange for such temporary wire changes. Section 10. Company shall construct, operate, and maintain its transmission and distribution facilities in substantial accordance with Company's own Service Standards and the National Electrical Safety Code ("NESC"). Company shall determine the specific location and the method of construction and types of materials used in building, maintaining, and operating Company's transmission and distribution facilities. City shall require its employees and contractors performing work for the benefit of City to comply with all applicable laws, statutes, codes and standards (including, without limitation, Section 752 of the Texas Health and Safety Code, as the same may be amended or replaced, and the NESC) when working near Company's System and to report as soon as practicable any damage done to Company's System. Company also agrees to require its employees and contractors performing work for the benefit of City to comply with all applicable laws, statutes, codes and standards (including, without limitation, Section 752 of the Texas Health and Safety Code, as the same may be amended or replaced, and the NESC) when working near City's facilities and to report as soon as practicable any damage done to City's facilities. Company shall relocate facilities within Public Rights-of-Way at Company's own expense, exclusive of street lighting and facilities installed for service directly to City, to accommodate Public Works Improvement Projects, including, but not limited to street widening, change of grade, water, sewer, or drainage upgrades, construction or reconstruction projects and minor relocation of traffic lanes. City shall bear the costs of all relocations of street lighting and facilities installed for service directly to City and of any relocation of other facilities requested by City for reasons other than Public Works Improvement Projects. Except in the event of an emergency, City shall give Company at least seventy-two (72) hours notice when City or City's contractor is requesting the bracing of Company's poles. Company shall pay for the bracing to accommodate Public Works Improvement Projects, including but not limited to street widening, change of grade, water, sewer, or drainage upgrades, construction or reconstruction projects and minor relocation of traffic lanes. Section 11. In consideration for the rights and privileges herein granted, Company agrees to pay to City, beginning on the Effective Date and continuing throughout the remaining term of the Prior Franchise and the additional twenty-five (25) year term of this Franchise provided for in Section 4, above, an annual franchise fee (referred to herein as "Annual Franchise Fee"), subject to an Annual Adjustment Factor as set forth below. Except as set forth in Section 15, payment of the Annual Franchise Fee shall be the total compensation payable to City in consideration for the right, privilege and franchise herein conferred for Company's use of the Public Rights-of-Way to construct, operate, use and maintain its System for the provision of electric transmission and distribution service and its right to use, license, or exploit its System for Other Services. The Annual Franchise Fee shall be calculated as follows: 1. The "Annual Franchise Fee," for the period beginning on the Effective Date and continuing through June 30, 2008 (the "Initial Franchise Period"), shall be prorated by dividing $559,763.03 by 12 and multiplying that monthly payment by the number of months in the Initial Franchise Period. 2. The Annual Franchise Fee for each succeeding twelve-month period (each a "Franchise Year"), including the Franchise Year beginning July 1, 2008, shall be adjusted by multiplying $559,763.03 by the Annual Adjustment Factor. The "Annual Adjustment Factor" for any given year shall be a fraction, the numerator of which shall be the kWh delivered by Company within the Franchise Area (inclusive of street lighting) in the previous calendar year and the denominator of which shall be the kWh delivered by Company within the Franchise Area (inclusive of street lighting) in 2005, said amount being 162,641,352 kWh. (Example: The Annual Franchise Fee for the Franchise Year beginning July 1, 2010 = [($559,763.03) x 2009 kWh/162,641 ,352 kWh].) In no case, however, shall the Annual Franchise Fee be less than $559,763.03 except as provided in (1) above, for the Initial Franchise Period. In calculating the amount to be paid each year, Company shall offset its Annual Franchise Fee payments with the amount of the Municipal Account Franchise Credits and Municipal Franchise Fee Credits provided in Company's tariffs and applicable to City in the prior calendar year. The Annual Franchise Fee shall be payable in equal monthly installments due the first day of each calendar month. Company shall calculate the new franchise fee to be payable for each Franchise Year beginning July 1st and shall provide the same along with the basis for such calculation to City for its review no later than April 1st of each year. If Company does not receive an objection from City by May 315\ Company shall implement the adjusted Annual Franchise Fee payment on July 1st. If the additional twenty-five (25) year term of this Franchise provided for in Section 4, above, ends on any day other than the last day of the last Franchise Year, then the Annual Franchise Fee for the final Franchise Year shall first be calculated pursuant to this Section 11 and then pro rated accordingly. Section 12. The parties agree that the franchise payments due under this Franchise are reasonable and necessary and that the parties shall use their best efforts to enable Company to recover these payments through its electric rates. Section 13. Except as provided in Section 15, the Annual Franchise Fee payable hereunder shall be the total compensation payable by Company to City for Company's use of the Public Rights-of-Way for the conduct of its business under the Franchise. City shall not charge any additional license, charge, fee, street or alley rental, or other character of charge or levy for the use or occupancy of the Public Rights-of-Way in City, or any pole tax or inspection fee tax. If City does charge Company any additional license, charge, fee, street or alley rental, or other character of charge or levy, then Company may deduct the amount charged from the next succeeding franchise payment or payments until fully reimbursed. The Franchise shall constitute a permit to perform all work on Company's System within the Public Rights- of-Way and to park vehicles in the Streets and other Public Rights-of-Way when necessary for the installation, removal, operation or maintenance of Company's System. Company and contractors performing work for Company shall not be required to obtain any permits in addition to the Franchise or to pay any fee in addition to the Annual Franchise Fee in order to perform work on Company's System or to park within the Streets and other Public Rights-of-Way. Company shall cooperate with City to avoid unnecessary disruption, and Company shall comply with all valid City ordinances governing time periods and standards relating to excavating in the Public Rights-of- Way. Section 14. In the first rate case to review Company's base rates following the Effective Date (the "First Rate Case"), City shall support Company's request to include in Company's base rates the entire then-effective Annual Franchise Fee. If, as a result of the First Rate Case, or any subsequent rate case, Company's entire then-effective Annual Franchise Fee is not included in Company's base rates, then Company shall be required to pay only so much in franchise fees as the amount of franchise fees used by the PUC to calculate Company's then-effective rates. Section 15. In addition to the considerations set forth in Section 11, Company shall furnish, free of charge, subject to the use of City, such pole and/or duct space as may be required from time to time for the installation of City-owned traffic, police and fire alarm system conductors; provided such conductor space does not exceed the available capacity on anyone existing pole or in one existing interior duct. Company shall allow for the expanded use of existing energized conductors by City for the purposes of providing traffic signal communication interconnectivity with prior written approval from Company. The specific location for these traffic, police and fire alarm conductors on Company poles or ducts shall be determined by Company and shall be allotted at the time specific applications for space are received from City. All City traffic, police and fire alarm circuits on Company poles and ducts shall be designed and installed, operated and maintained in compliance with the applicable provisions of the NESC and other laws, statutes, codes and ordinances applicable to private parties and so as to create no interference, corrosion, harm, damage or hazard with, to or from Company's System or Company's business. All plans for such city traffic, police and fire alarm circuits must be submitted for Company's written approval prior to installation. Any modifications to Company's System necessary to accommodate such installation shall be paid by City. If, after installation, City's equipment is found to interfere with Company's System or business, Company and City shall work together to address the problem and, if deemed practical by Company, preserve City's access. Where main underground duct lines are located between manholes, Company shall permit free of charge the installation in one interior duct by City of its traffic, police or fire alarm signal cables; provided space is available in an interior duct not suitable for power circuits without interference with Company's system neutral conductors. All cables installed by City in Company ducts shall be of the non-metallic sheath type to prevent corrosive or electrolytic action between City- and Company-owned cables. A request for duct assignment shall in each instance be submitted to Company and a sketch showing duct allocation shall be received from Company prior to the installation of City cables in Company-owned duct lines. All City-owned conductors and cables, whether on poles or in duct lines, shall be constructed, maintained and operated in such manner as to not interfere with or create a hazard in the operation of Company's System or Company's business. If after installation, City's equipment is found to interfere with Company's System or business, Company and City shall work together to address the problem and, if deemed practical by Company, preserve City's access. In addition to the consideration set forth in Section 11, Company shall permit City to use, free of charge, extra space on its street light poles to install City-owned traffic control signs and decorative banners, with prior written approval from Company and provided that such use is consistent with the NESC and other applicable engineering and operational codes and standards. Notwithstanding any other provision in this Franchise, it is further agreed that Company shall not be responsible to any party or parties whatsoever for any claims, demands, losses, suits, judgments for damages or injuries to Persons or property by reason of the construction, maintenance, inspection or use of the traffic signal light systems, police and fire alarm systems, traffic control signs, or decorative banners belonging to City and constructed upon Company's poles or street light poles or in its ducts, and City shall indemnify and hold Company harmless against all such claims, losses, demands, suits and judgments, to the extent permitted by the Texas Tort Claims Act, but City does not, by this agreement, admit primary liability to any third party by reason of City's operation and use of such traffic signal light systems, police and fire alarm systems, traffic control signs, or decorative banners, such being a function of government. Section 16. City may conduct an audit or other inquiry, or may pursue a cause of action in relation to the payment of the Annual Franchise Fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than two (2) years before commencement of such audit, inquiry, or pursuit of a cause of action. City shall bear the costs of any such audit or inquiry. All books and records related to Company's operations under this Franchise shall be available to City. Upon receipt of a written request from City, such documents shall be made available for inspection and copying no later than thirty (30) days from the receipt of such request. Amounts due to City for past underpayments or amounts due Company for past overpayments shall include interest calculated using the annual interest rates for overcharges as set by the Texas Public Utility Commission. Said interest shall be payable on such sum from the date the initial payment was due until it is paid. Section 17. The parties agree to waive any and all claims, asserted or unasserted, arising out of prior franchise agreements including, without limitation, the Prior Franchise. Section 18. Nothing contained in this Franchise shall ever be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. Section 19. It shall be Company's obligation as provided in Section 8 hereof to furnish efficient electrical service to the public at reasonable rates and to maintain its property in good repair and working order except when prevented from so doing by forces and conditions not reasonably within the control of Company. Should Company fail or refuse to maintain its System in good order and furnish efficient service at all times throughout the life of this grant, except only when prevented from so doing by Force Majeure, or should Company fail or refuse to furnish efficient service at reasonable rates, lawfully determined by City, throughout the life of this grant, excepting only during such periods as Company shall in good faith and diligently contest the reasonableness of the rates in question, then it shall forfeit and pay to City the sum of Twenty Five Dollars ($25) for each day it shall so fail or refuse after reasonable notice thereof and a hearing thereon by City. Any suit to recover such penalty shall be filed within one year from the date the penalty accrues. Section 20. If any term or other provision of the Franchise is determined by a nonappealable decision by a court, administrative agency, or arbitrator to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of the Franchise shall nevertheless rernain in full force and effect so long as the economic or legal substance is not affected in any manner materially adverse to either party. Upon such determination that any term or other provision is invalid, illegal, or incapable of being enforced, the parties shall negotiate in good faith to modify the Franchise so as to effect the original intent of the parties as closely as possible. SECTION 21. Subject to Section 15, Company, its successors and assigns, shall protect and hold City harmless against all claims for damages or demands for damages to any Person or property by reason of the construction and maintenance of its electricity transmission and distribution System, or in any way growing out of the granting of this Franchise, either directly or indirectly, or by reason of any act, negligence, or nonfeasance of the contractors, agents or employees of Company, its successors or assigns, and shall refund to City all sums which it may be adjudged to pay on any such claim, or which may arise or grow out of the exercise of the rights and privileges hereby granted, or by the abuse thereof, and Company, its successors and assigns, shall indemnify and hold City harmless from and on account of all damages, costs, expenses, actions, and causes of action, to the extent permitted by the Texas Tort Claims Act, that may accrue to or be brought by any Person, Persons, company or companies at any time hereafter by reason of the exercise of the rights and privileges hereby granted, or of the abuse thereof. Section 22. In granting this Franchise, it is understood that the lawful power vested by law in City to regulate all public utilities within City, and to regulate the local rates of public utilities within City within the limits of the Constitution and laws, and to require all persons or corporations to discharge the duties and undertakings, for the performance of which this Franchise was made, is reserved; and this grant is made subject to all lawful rights, powers and authorities, either of regulation or otherwise, reserved to City by its Charter or by the general laws of this State. Section 23. This Franchise replaces and supersedes the Prior Franchise and replaces all other former franchise agreements with Company or its predecessors, which are hereby repealed. Section 24. City by the granting of this Franchise does not surrender or to any extent lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in City under the Constitution and statutes of the State of Texas and under the Charter of City to regulate the rates and services of Company; and Company by its acceptance of this Franchise agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in City shall be in full force and effect and subject to the exercise thereof by City at any time and from time to time. Section 25. Within 30 days following the final passage and approval of this ordinance, the Company shall file with the City Secretary, accompanied by appropriate authorized corporate resolutions in a form acceptable to the City Attorney, a written statement in the following form signed in its name and behalf: "To the Honorable Mayor and the City Council of the City of West University Place, Texas: For itself, its successors and assigns, Grantee, CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, hereby accepts the attached ordinance and agrees to be bound by all of its terms, conditions and provisions." CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC By: Name: Title: "Dated this the day of ,2008." Section 26. This Franchise, having been published as required by Article IX of the City Charter shall take effect and be in force from and after 15 days following its final passage and approval, and receipt by the City of Company's acceptance filed pursuant to Section 25. In compliance with the provisions of City Charter, the Company shall pay the cost of those publications and any costs associated with any elections held regarding this Franchise required by such City Charter provisions. Section 27. Every notice, order, petition, document, or other direction or communication to be served upon the City or the Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Every such communication to the Company shall be sent to: Vice President, Regulatory Relations CenterPoint Energy, Inc. 1111 Louisiana Street Houston, Texas 77002 Unless and until changed by written notice given in accordance with this section, every such communication to the City or the City Council shall be sent to the City Manager City of West University Place 3800 University Blvd. West University Place, Texas 77005 The mailing of such notice, direction, or order shall be equivalent to direct personal notice and shall be deemed to have been given the earlier of receipt or two business days after it was mailed. Section 28. The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Franchise shall impair any of the rights of the City or the Company under applicable law, subject in each case to the terms and conditions of this Franchise. PASSED, APPROVED AND ADOPTED ON FIRST READING on the -.lJL day of January ,2008. Councilmembers Voting Aye: Kelly, Fry, Cohen, Guffey, Talianchich Councilmembers Voting No: None Council members Absent: None PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on the.JL day of FI;:P>ftI/4 ,2008. Councilmembers Voting Aye: 5. KIZU-Yj 13. FfGY) P. C.oHetJ, M . 14uA"!cfl/6/t Councilmembers Voting No: c.. 6 u- Ftey Councilmembers Absent: ,.j orJC Attest: LJ~/ 4~ City Secretary (Seal) Signed: M!? tf R~mm,"d,d 1Jk~ ~ City Manager Approved as to legal form:U- ~ A - City Attorney Chapter 6: Company Specific Items Sheet No. 6.1 Page 1 of2 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8015 CHAPTER 6: COMPANY SPECIFIC ITEMS 6.1 RATE SCHEDULES 6.1.1 6.1.1.1 6.1.1.1.1 DELIVERY SYSTEM CHARGES CHARGES FOR TRANSMISSION AND DISTRIBUTION SYSTEM SERVICE RESIDENTIAL SERVICE A V AILABILITY This schedule is applicable to Delivery Service for residential purposes of a permanent nature to individual private dwellings 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. 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, Construction Services, of this Tariff. MONTHLY RATE I. Transmission and Distribntion Charges: Customer Charge $2.09 per Retail Customer per Month Metering Charge $1.79 per Retail Customer per Month Transmission System Charge $.005342 per kWh Distribution System Charge $.017648 per kWh II. System Benefit Fund Charge: $0.000655 per kWh See Rider SBF III. Transition Charge: See Schedules TC and TC2 IV. Nuclear Decommissioning Charge: $.000054 per kWh See Rider NDC Revision Number: 6th Effective: 1/1/08 80 Chapter 6: Company Specific Items Sheet No. 6.1 Page 2 of2 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8015 V. Transmission Cost Recovery Factor: See Rider TCRF VI. Excess Mitigation Credit: Not Applicable VII. State Colleges and Universities Discount: See Rider SCUD VIII. Competition Transition Charge: See Rider CTC IX. Other Charges or Credits: A. Municipal Account Franchise $(.001780) per kWh Credit (see application and explanation below) B. Rate Case Expenses Surcharge See Rider RCE C. Rider UCOS Retail Credit See Rider RURC COMPANY SPECIFIC APPLICATIONS Residential Service. Where more than four family units or apartments are served through one Meter, billing will be under the applicable commercial Rate Schedule. Service Voltages. Company's standard service voltages are described in 6.2.2, Standard Voltages and in the Company's Service Standards. Three phase service is not generally available to residential Retail Customers. Check with Company representative to determine if three phase service is available. Municipal Account Franchise Credit. A credit equal to the amount of franchise fees included in the Transmission and Distribution Charges will be applied to municipal accounts receiving service within the incorporated limits of such municipality which imposes a municipal franchise fee upon the Company based on the kWh delivered within that municipality and who have signed an appropriate Franchise Agreement. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. Revision Number: 6th Effective: 1/1/08 81 Chapter 6: Company Specific Items Sheet No. 6.2 Page 1 of 2 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8016 6.1.1.1.2 SECONDARY SERVICE LESS THAN OR EQUAL TO 10 KV A AVAILABILITY This schedule is applicable to Delivery Service for non-residential purposes at secondary voltage with demand less than or equal to 10 kV A 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. Any other metering option(s) will be provided at an additional charge and/or will be provided by a Meter Owner other than the Company pursuant to Applicable Legal Authorities. 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, Construction Services, in this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $2.05 per Retail Customer per Month Metering Charge $1.74 per Retail Customer per Month Transmission System Charge $.003945 per kWh Distribution System Charge $.016845 per kWh II. System Benefit Fund Charge: $.000656 per kWh See Rider SBF III. Transition Charge: See Schedules TC and TC2 IV. Nuclear Decommissioning $.000030 per kWh Charge: See Rider NDC V. Transmission Cost Recovery See Rider TCRF Factor: VI. Excess Mitigation Credit: Not Applicable VII. State Colleges and Universities Discount: See Rider SCUD Revision Number: 7th 82 Effective: 111/08 Chapter 6: Company Specific Items Sheet No. 6.2 Page 2 of 2 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8016 VIII. Competition Transition Charge: See Rider CTC IX. Competitive Metering Credit: See Rider CMC X. Other Charges or Credits: A. Municipal Account Franchise $(.002190) Per kWh Credit (see application and explanation below) B. Rate Case Expenses Surcharge See Rider RCE C. Rider UCOS Retail Credit See Rider RURC COMPANY SPECIFIC APPLICATIONS Secondarv Service Less Than or Equal to 10 kV A. This rate schedule is applicable only to Retail Customers whose current month's peak demand is 10 kV A or less and whose peak demand has not exceeded 10 kV A in any of the prcvious eleven months. If monthly peak demand is greater than 10 kV A, Retail Customer will be place on the Secondary Service Greater Than 10 leVA Rate Schedule for a period of not less than twelve months. If this Rate Schedule is taken for Delivery Service for Electric Power and Energy supplied by Retail Customer's REP for standby or other intermittent purpose, Company may, at its sole discretion, require the Retail Customer to make additional contractual arrangements and/or require additional metering. Service Voltages. Company's standard service voltages are described in 6.2.2, Standard Voltages and the Company's Service Standards. Municipal Account Franchise Credit. A credit equal to the amount of franchise fees included in the Transmission and Distribution Charges will be applied to municipal accounts receiving service within the incorporated limits of such municipality which imposes a municipal franchise fee upon the Company based on the kWh delivered within that municipality and who have signed an appropriate Franchise Agreement. Un-metered Service. Un-metered service is available for non-residential electric connection service at the discretion of the Company, Competitive Retailer, and Retail Customer, in limited situations when metering equipment is impractical or disproportionably expensive, and when the Retail Customer's electric load can be reasonably estimated or predicted from the nameplate or engineering studies of the installed equipment. Special protective devices may be required to be installed and/or paid for by customer. The "Metering Charge" contained in the monthly rate is not applicable to un- metered service. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. Revision Number: 7th 83 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.3 Page 1 of4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8017 6.1.1.1.3 SECONDARY SERVICE GREATER THAN 10 KV A A V AILABILITY This schedule is applicable to Delivery Service for non-residential purposes at secondary voltage with demand greater than 10 kV A 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. Any Meter other than the standard Meter will be provided at an additional charge and/or will be provided by a Meter Owner other than the Company pursuant to Applicable Legal Authorities. 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, Construction Services, in this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge Metering Charge Non-!DR Metered !DR Metered Transmission System Charge Non-!DR Metered !DR Metered Standard Class $5.27 Subclass Exception $0.00 per Retail Customer per Month $31.86 $116.89 $17.07 $116.89 per Retail Customer per Month per Retail Customer per Month $1.1027 $1.4709 $1.1027 $1.4709 perNCPkVA per 4CP kV A Distribution System Charge $3.132645 $3.132645 per Billing kVa The following charges are applicable to both the Standard Class and the Subclass Exception II. System Benefit Fund: $.000657 per kWh See Rider SBF III. Transition Charge: See Schedules TC and TC2 IV. Nuclear Decommissioning $.012087 per Billing kV A Charge: See Rider NDC V. Transmission Cost See Rider TCRF Recovery Factor: Revision Number: 7th 84 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.3 Page 2 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8017 VI. Excess Mitigation Credit: Not Applicable VII. State Colleges and Universities Discount: See Rider SCUD VIII. Competition Transition Charge: See Rider CTC IX. Competitive Metering Credit: See Rider CMC X. Other Charges or Credits: A. Municipal Account $(.002207) per kWh Franchise Credit (see application and explanation below) B. Rate Case Expenses Surcharge See Rider RCE C. Rider UCOS Retail Credit See Rider RURC COMPANY SPECIFIC APPLICATIONS DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES Determination of NCP kV A The NCP kV A applicable under the Monthly Rate section shall be the kV A supplied during the 15 minute period of maximum use during the billing month. Determination of 4 CP kV A The 4 CP kV A 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 kV A will be billed at the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP kV A. DETERMINATION OF BILLING DEMAND FOR DISTRIBUTION SYSTEM CHARGES Determination of Billing kV A The Billing kV A applicable to the Distribution System Charge shall be the higher of the NCP kV A for the current billing month or 80% of the highest monthly NCP kV A established in the II months preceding the current billing month (80% ratchet). The 80% ratchet shall not apply to seasonal agricultural Retail Customers. Revision Number: 7th 85 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.3 Page 3 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8017 OTHER PROVISIONS Secondarv Service Greater Than 10 kV A. This Rate Schedule is applicable only to Retail Customers whose peak demand for the current month is greater than 10 kV A, as measured in the fifteen minute period of highest demand, or whose peak demand exceeded 10 kV A in any of the previous eleven months, and that otherwise qualify under this Rate. This Rate Schedule is applicable to Delivery Service provided for Electric Power and Energy supplied by Retail Customer's REP for Temporary service subject to provisions of Section 6.1.2.2, Construction Services. The Electric Power and Energy delivered may not be re-metered or sub-metered by the Retail Customer for resale except pursuant to lawful sub-metering regulations of Applicable Legal Authorities. Retail Customer's previous metered usage under this or any other Rate Schedule will be used, as needed, in determining the billing determinants under the Monthly Rate section. Subclass Exception. The Subclass Exception is applicable only to Retail Customers who otherwise qualifY for the Secondary Service Greater Than 10 kV A rate schedule and either: (1) whose highest NCP kVa for the most recent 12 months is equal to or less than 50 kV A; or (2) whose highest NCP kVa for the most recent 12 months is greater than 50 kV A but less than or equal to 400 kV A and whose load factor was less than or equal to 10% for each of the most recent 12 months. The most recent 12 months ends with and includes the current month. The monthly load factor is determined as follows: load factor = billing kWh for the month/ (NCP kVA X number of days in billing period X 24) Service Voltages. Company's standard service voltages are described in 6.2.2, Standard Voltages and in the Company's Service Standards. Municipal Account Franchise Credit. A credit equal to the amount of franchise fees included in the Transmission and Distribution Charges will be applied to municipal accounts receiving service within the incorporated limits of such municipality which imposes a municipal franchise fee upon the Company based on the kWh delivered within that municipality and who have signed an appropriate Franchise Agreement. Adiustment To The Charges Apolied To Retail Customer's Demand Measurement If data to determine the Retail Customer's Demand Measurement becomes no longer available, the Company will determine a Conversion Factor which will be used as an adjustment to all per unit charges that will then be applied to the New Demand Measurement. Demand Measurement shall include the Billing kV A, the 4 CP kV A, NCP kV A or any other demand measurement required for billing under this Rate Schedule or any applicable rider(s) or any other applicable schedule(s). New Demand Measurement shall be the billing determinants which replace the Demand Measurement. The Conversion Factor will apply to unit prices per kV A such that when applied to the New Demand Measurement, the revenue derived by the Company under demand based charges shall be unaffected by such lack of data. Revision Number: 7th 86 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.3 Page 4 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8017 This adjustment may become necessary because of changes in metering capabilities, such as, Meters that record and lor measure kW with no ability to determine kV A or Meters which meter data in intervals other than 15 minutes. This adjustment also may become necessary due to changes in rules, laws, procedures or other directives which might dictate or recommend that Electric Power and Energy, electric power related transactions, wire charges, nonbypassable charges and/or other transactions measure demand in a way that is inconsistent with the definitions and procedures stated in the Company's Tariff. This adjustment is applicable not only in the instances enumerated above but also for any and all other changes in Demand Measurement which would prevent the Company from obtaining the necessary data to determine the kV A quantities defined in this Rate Schedule, applicable Riders and other applicable schedules. The Conversion Factor shall render the Company revenue neutral to any change III Demand Measurement as described above. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. Revision Number: 7th 87 Effective: 111108 Chapter 6: Company Specific Items Sheet No. 6.4 Page 1 of4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8018 6.1.1.1.4 PRIMARY SERVICE A V AILABILITY 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. Any Meter other than the standard Meter will be provided at an additional charge and/or will be provided by a Meter Owner other than the Company pursuant to Applicable Legal Authorities. 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, Construction Services, of this Tariff. MONTHLY RATE 1. Transmission and Distribution Charges: Standard Subclass Class Exception Customer Charge $88.65 $0.00 per Retail Customer per Month Metering Charge Non-IDR Metered $31.66 $16.97 per Retail Customer per Month IDR Metered $116.17 $116.17 per Retail Customer per Month Transmission System Charge Non-IDR Metered $1.514 $1.514 perNCPkVA !DR Metered $1.503 $1.503 per 4CP kV A Distribution System Charge $2.919265 $2.919265 per Billing kV A The following charges are applicable to both the Standard Class and the Subclass Exception. II. System Benefit Fund: $.000641 per kWh See Rider SBP III. Transition Charge: See Schedules TC and TC2 IV. Nuclear Decommissioning Charge: $.015802 per Billing kV A See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF Revision Number: 7th 88 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.4 Page 2 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8018 VI. Excess Mitigation Credit: Not Applicable VII. State Colleges and Universities Discount: See Rider SCUD VIII. Competition Transition Charge: See Rider CTC IX. Competitive Metering Credit: See Rider CMC X. Other Charges or Credits: A. Municipal Account Franchise Credit (see application and explanation below) $(.002080) per kWh B. Rate Case Expenses Surcharge See Rider RCE C. Rider UCOS Retail Credit See Rider RURC COMPANY SPECIFIC APPLICATIONS DETERMINATION OF BILLING DEMAND FOR TRANSMISSION SYSTEM CHARGES Determination ofNCP kV A The NCP kV A applicable under the Montbly Rate section shall be the kV A supplied during the 15 minute period of maximum use during the billing month. Determination of 4 CP kV A The 4 CP kV A 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 kV A will be billed at the applicable NCP rate under the "Transmission System Charge" using the Retail Customer's NCP kV A. DETERMINATION OF BILLING DEMAND FOR DISTRlBUTION SYSTEM CHARGES Determination of Billing kV A The Billing kV A applicable to the Distribution System Charge shall be the higher of the NCP kV A for the current billing month or 80% of the highest monthly NCP kV A established in the II months preceding the current billing month (80% ratchet). The 80% ratchet shall not apply to seasonal agricultural Retail Customers. Revision Number: 7th 89 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.4 Page 3 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8018 OTHER PROVISIONS Primarv Service This rate schedule is applicable only to Retail Customers taking service directly from feeder lines of at least 12,470 volts but less than 60,000 volts. This rate schedule is applicable to Delivery Service provided for Electric Power and Energy supplied by Retail Customer's REP for Temporary service subject to the provisions of Section 6.1.2.2, Construction Services in this Tariff. The Electric Power and Energy delivered may not be re-metered or sub-metered by the Retail Customer for resale except pursuant to lawful sub-metering regulations of Applicable Legal Authorities. Retail Customer's previous metered usage under this or any other Rate Schedule will be used, as needed, in determining the billing determinants under the Monthly Rate section. Subclass Exception. The Subclass Exception is applicable only to Retail Customers who otherwise qualifY for the Primary Service Rate Schedule and either: (1) whose highest NCP kVa for the most recent 12 months is greater than 10 kV A but less than or equal to 50 kV A; or (2) whose highest NCP kVa for the most recent 12 months is greater than 50 kV A but less than or equal to 400 kVA and whose Load Factor was less than or equal to 10% for each of the most recent 12 months. The most recent 12 months ends with and includes the current month. The monthly Load Factor is detemlined as follows: Load Factor = billing kWhfor the month/ (NCP kVA X number of days in billing period X 24) Service Voltages Company's standard service voltages are described in 6.2.2, Standard Voltages and in the Company's Service Standards. Municipal Account Franchise Credit A credit equal to the amount of franchise fees included in the Transmission and Distribution Charges will be applied to municipal accounts receiving service within the incorporated limits of such municipality which imposes a municipal franchise fee upon the Company based on the kWh delivered within that municipality and who have signed an appropriate Franchise Agreement. Adiustment To The Charges Applied To Retail Customer's Demand Measurement If data to determine the Retail Customer's Demand Measurement becomes no longer available, the Company will determine a Conversion Factor which will be used as an adjustment to all per unit charges that will then be applied to the New Demand Measurement. Demand Measurement shall include the Billing kV A, the 4 CP kV A, NCP kV A or any other demand measurement required for billing under this Rate Schedule or any applicable Rider(s) or any other applicable schedule(s). New Demand Measurement shall be the billing determinants which replace the Demand Measurement. The Conversion Factor will apply to unit prices per kV A such that when applied to the New Demand Measurement, the revenue derived by the Company under demand based charges shall be unaffected by such lack of data. This adjustment may become necessary because of changes in metering capabilities, such as, Meters that record and lor measure kW with no ability to determine kV A or Meters which meter data in intervals other than 15 minutes. This adjustment .also may become necessary due to changes in rules, laws, procedures or other directives which migl)t dictate or recommend that Electric Power and Revision Number: 7th 90 Effective: 111108 Chapter 6: Company Specific Items Sheet No. 6.4 Page 4 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8018 Energy, electric power related transactions, wire charges, nonbypassable charges and/or other transactions measure demand in a way that is inconsistent with the definitions and procedures stated in the Company's Tariff. This adjustment is applicable not only in the instances enumerated above but also for any and all other changes in Demand Measurement which would prevent the Company from obtaining the necessary data to determine the k V A quantities defined in this Rate Schedule, applicable Riders and other applicable schedules. The Conversion Factor shall render the Company revenue neutral to any change m Demand Measurement as described above. Metering Adiustment The Company may at its option measure service on the secondary side of the Retail Customer's transformers in which event the kV A and kWh recorded by the Billing Meter will be adjusted to compensate for transformer losses as follows: (I) where the Retail Customer's installed substation capacity is 600 kV A or less, the kV A will be increased by 2% and the kWh will be increased by 3 %; or (2) where the Retail Customer's installed substation capacity is in excess of 600 kV A, the kV A and kWh will be increased by proper respective adjustments based upon data furnished by the manufacturer. In the event the manufacturer is unable to supply the necessary data, the adjustment will be based on tests conducted on the Retail Customer's transformers by the Company. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. Revision Number: 7th 91 Effective: 1/1108 Chapter 6: Company Specific Items Sheet No. 6.5 Page 1 of4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8019 6.1.1.1.5 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. Any meter other than the standard meter will be provided at an additional charge and/or will be provided by a Meter Owner other than the Company pursuant to Applicable Legal Authorities. 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, Construction Services, of this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $1,071.23 Per Retail Customer per month Metering Charge $119.56 Per Retail Customer per month Transmission System Charge $1.476 Per4CPkVA Distribution System Charge $0.300635 Per4CPkVA II. System Benefit Fund Charge: $.000635 Per kWh See Rider SBP III. Transition Charge: See Schedules TC and TC2 IV. Nuclear Decommissioning $.017378 Per 4 CP kVA Charge: See Rider NDC V. Transmission Cost Recovery See Rider TCRF Factor: VI. Excess Mitigation Credit: Not Applicable VII. State Colleges and Universities See Rider SCUD Discount: Revision Number: 7th 92 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.5 Page 2 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area' CNP 8019 VIII. Competition Transition Charge: See Rider CTC IX. Competitive Metering Credit: See Rider CMC X. Other Charges or Credits: A. Municipal Account Franchise Credit (see application and explanation below) $(.000200) Per kWh B. Rate Case Expenses Surcharge See Rider RCE C. Rider UCOS Retail Credit See Rider RURC COMPANY SPECIFIC APPLICATIONS DETERMINATION OF BILLING DEMAND FOR TRANSM1SSION SYSTEM CHARGES AND DISTRlBUTION SYSTEM CHARGES Determination Of 4 CP kV A. The 4 CP kV A 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 kV A will be billed based on estimated 4 CP kV A in accordance with the following procedures: (a) Retail Customers having IDR data for fewer than 4 CP kV A, but at least 2 CP kV A, will be billed based on the average of the actual CP kV A, so long as the CP kV A are representative of the Retail Customer's expected load, as derived from engineering estimates. If the CP kV A are not representative of the expected load, the estimated 4 CP kV A 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 kV A will be billed by estimating the Retail Customer's 4 CP kV A demand by applying a class coincidence factor to the Retail Customer's NCP kV A, using the formula: Estimated 4 CP kV A = (NCP kV A * TCCF) where: NCP kV A 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 general rate case proceeding using the following formula: Revision Number: 7th 93 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.5 Page 3 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8019 TCCF = L Class CP kV A for June, Julv. August. September L Class NCP kV A for June, July, August, September = 0.581638 Where: Class CP kV A is the transmission voltage rate class' 15-minute demand at the time of the ERCOT CP and Class NCP kV A is the transmission voltage class' maximum 15-minute demand during a month. OTHER PROVISIONS Transmission Service The Retail Customer owns, operates, and maintains all facilities (except Company owned Billing Meter) necessary to receive three-phase, 60 hertz alternating current service at 60,000 volts or higher. The energy delivered may not be re-metered or sub-metered by the Retail Customer for resale or sharing except pursuant to lawful sub-metering regulations of a regulatory authority with jurisdiction. If Retail customer has electric generating capacity installed, additional contract arrangements will be required. Retail Customer's previous metered usage under this or any other rate schedule will be used, as needed, in determining the billing deternlinants under the Monthly Rate section. Each Retail Customer served at Transmission Voltage shall comply with Company's operating requirements for transmission customers. Service Voltages Company's standard service voltages are described m 6.2.2, Standard Voltages and the Company's Service Standards. Municipal Account Franchise Credit A credit equal to the amount of franchise fees included in the Transmission and Distribution Charges will be applied to municipal accounts receiving service within the incorporated limits of such municipality which imposes a municipal franchise fee upon the Company based on the kWh delivered within that municipality and who have signed an appropriate Franchise Agreement. Adiustment To The Charges Applied To Retail Customer's Demand Measurement If data to determine the Retail Customer's Demand Measurement becomes no longer available, the Company will determine a Conversion Factor which will be used as an adjustment to all per unit charges that will then be applied to the New Demand Measurement. Demand Measurement shall include the Billing kV A, the 4 CP kV A, NCP kV A or any other demand measurement required for billing under this rate schedule or any applicable rider(s) or any other applicable schedule(s). New Demand Measurement shall be the billing determinants which replace the Demand Measurement. The Conversion Factor will apply to unit prices per kV A such that when applied to the New Demand Measurement, the revenue derived by the Company under demand based charges shall be unaffected by such lack of data. Revision Number: 7th 94 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.5 Page 4 of 4 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8019 This adjustment may become necessary because of changes in metering capabilities, such as, meters that record and lor measure kW with no ability to determine kV A or meters which meter data in intervals other than 15 minutes. This adjustment also may become necessary due to changes in rules, laws, procedures or other directives which might dictate or recommend that electric power, electric power related transactions, wire charges, nonbypassable charges and/or other transactions measure demand in a way that is inconsistent with the definitions and procedures stated in the Company's Tariff. This adjustment is applicable not only in the instances enumerated above but also for any and all other changes in Demand Measurement which would prevent the Company from obtaining the necessary data to determine the kV A quantities defined in this rate schedule, applicable riders and other applicable schedules. The Co~version Factor shall render the Company revenue neutral to any change in Demand Measurement as described above. Metering Provisions The Company may install remote metering equipment to obtain information with which to determine the amount of the monthly bill. Retail Customer may have metering instruments installed to check the service supplied under this schedule in accordance with the provisions ofthe Tmiff. The Company may at its option measure service on the low voltage side of the Retail Customer's transformers in which event the kV A and kWh recorded by the Billing Meter will be adjusted to compensate for transformer losses on the basis of data furnished by the manufacturer of the Retail Customer's transforn1ers. When the manufacturer is unable to supply the necessary data the adjustment will be based on tests conducted by the Company on the Retail Customer's transformers. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. Revision Number: 7th 95 Effective: 1/1/08 Chapter 6: Company Specific Items Sheet No. 6.6 Page 1 of8 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8020 6.1.1.1.6 LIGHTING SERVICES (Street Lighting and Miscellaneous Lighting Services) STREET LIGHTING SERVICE AVAILABILITY Street lighting service is available in areas designated by CenterPoint Energy Houston Electric, LLC (CEHE or Company) where facilities of adequate capacity and suitable voltage are adjacent to the street lighting fixtures and ornamental standards (if any) to be served. The standard street lighting service provided by the Company is installed along public streets, roadways or other public access areas in accordance with Section 6.1.2.2, Construction Services, in this Tariff. Company will only provide for the delivery of electric power and energy, the street lighting fixtures and ornamental standards (if any), and maintenance. Retail Customer's electric power and energy must be provided by the Retail Customer's REP in accordance with Applicable Legal Authorities and the Company's Tariff. TYPE OF SERVICE Street lights under this rate schedule will be served at various voltages as determined by the Company. This rate schedule is applicable to the requirements of cities, governmental agencies, real estate developers and other groups requesting street lighting service, herein referred to as Retail Customer. Street lighting service includes the provision of street lighting fixtures and ornamental standards (if any), as well as the provision of Delivery Service for electric power and energy provided by the Retail Customer's REP and required for the lighting service. Delivery Service under this rate schedule will be un-metered. Company will install, own and maintain the installation served hereunder. Company's street lighting service is built to NESC standards. At the request of Customer and at Company's discretion, Company may build to other standards, with Customer being responsible for any difference in cost. Company will replace burned out lamps and/or make maintenance repairs during regular working hours at its own cost and expense and will normally have the lighting service restored within 48 hours after notification by the Retail Customer, but with no adjustment of payments hereunder due to outage. Street lighting fixtures furnished hereunder shall operate under normal conditions from approximately thirty minutes after sunset to approximately thirty minutes before sunrise every night in the year and the total time of operations will be approximately four thousand (4,000) hours each year for each light furnished. Revision Number: 9th Effective: 111108 96 Chapter 6: Company Specific Items Sheet No. 6.6 Page 2 of 8 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8020 MONTHLY RATE I. Transmission and Distribution Charges In addition to the T &D Charge per lamp for various configurations in the table below, an additional $1.08 per month will be charged for all lamps with a break-away base. Lamp Type Schedule Schedule Schedule Schedule Schedule Monthly Initial Lumen Watt A* B* c* D* E* KWH (Bulb Onlv) Mercu;;-Vanor 58,000 Lumen 1,000 $8.015925 $20.872291 $14.164622 $23.5345]6 $]5.671005 365 22,600 Lumen 400 $4.676657 $16.130855 $10.597975 $19.967869 $11.943299 150 7.800 Lumen 175 $3.304830 N.A. N.A. $16.066455 $9.453527 69 4,200 Lumen 100 $3.220226 N.A. N.A. $12.466956 N.A. 41 HiO'h Pressure Sodium Vanor 50,000 Lumen 400 $14.381697 N.A. N.A. $24.424253 $21.534650 160 (Set Back) 50,000 Lumen 400 $8.020781 $20.877147 $14.169477 $23.539371 $15.675861 160 28,000 Lumen 250 $14.609076 N.A. N.A. $24.424253 $21.534650 106 (Set Back) 28,000 Lumen 250 $4.677699 $16.131897 $10.599017 $19.968911 $11.944341 106 15,000 Lumen 150 $3.305091 $14.721392 $9.785381 $16.066716 $9.453787 58 9,500 Lumen 100 $3.305564 N.A. N.A. $13.063897 $8.071041 38 6,000 Lumen 70 $3.248933 N.A. N.A. $12.050380 N.A. 29 Metal Halide 32,200 Lumen 400 $9.593507 N.A. N.A $24.202583 $16.860148 159 19,475 Lumen 250 $9.396042 N.A. N.A. $24.014592 $16.672158 96 12,900 Lumen 175 $10.007786 N.A. N.A. $23.783140 $17.279165 70 7,900 Lumen 100 $10.619529 N.A. N.A. $23.551688 $17.886170 40 . DESCRIPTION OF LIGHTING CONFIGURATIONS Schedule A -one or more lamps mounted on existing distribution poles and served by overhead conductors. Schedule B -single lamp mounted on ornamental standard and served by overhead conductors. Limited to existing installations. Schedule C -twin lamps mounted on ornamental standard and served by overhead conductors. Limited to existing installations. Schedule D -single lamp mounted on ornamental standard and served by underground conductors, or decorative residential streetlights. Schedule E -twin lamps mounted on ornamental standard and served by underground conductors. Revision Number: 9th Effective: 1/1/08 97 Chapter 6: Company Specific Items Sheet No. 6.6 Page 3 of 8 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8020 II. System Benefit Fund Charge: $.000655 per kWh See Rider SBF III. Transition Charge: See Schedules TC and TC2 IV. Nuclear Decommissioning Charge: $.000025 per kWh See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Excess Mitigation Credit: Not Applicable VII. State Colleges and Universities Discount: See Rider SCUD VIII. Competition Transition Charge: See Rider CTC IX. Other Charges or Credits: A. Rate Case Expenses Surcharge See Rider RCE B. Rider UCOS Retail Credit See Rider RURC OTHER PROVISION Additional mercury vapor lighting is no longer being installed. Existing mercury vapor installations will be converted to sodium vapor installations fi-om time to time during the normal course of maintenance when individual lamps bum out. Mercury vapor installations with 4,200, 7,800, 22,600 and 58,000 lumen lamps will be converted to 9,500, 15,000,28,000 and 50,000 lumen high pressure sodium lamps, respectively, when individual lamps burn out, at no up front cost to the Retail Customer. MISCELLANEOUS LIGHTING SERVICE AVAILABILITY Miscellaneous Lighting Service is available in areas designated by Company with suitable locations and where facilities of adequate capacity and suitable voltage are adjacent to the lighting fixture(s) to be served. All new fixtures must be owned by the Retail Customer or the Retail Customer's REP ("Customer Owned Installation" or "Customer Owned Fixture") and will be installed in accordance with this rate schedule and 6.1.2.2- Construcfion Services, Section 8 in the Company's Tariff. Existing Revision Number: 9th Effective: 1/1/08 98 Chapter 6: Company Specific Items Sheet No. 6.6 Page 4 of8 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8020 Company owned fixtures will continue to be owned and maintained by the Company ("Company Owned Installation" or "Company Owned Fixture"). CenterPoint Energy Houston Electric, LLC will only provide for the delivery of electric power and energy, the installation of fixtures, and the maintenance of fixtures, as described herein. Retail Customer's electric power and energy must be provided by the Retail Customer's REP in accordance with Applicable Legal Authorities and the Company's Tariff. TYPE OF SERVICE The lighting fixtures served under this rate schedule will be served at standard secondary voltages as determined by Company. This tariff is applicable to any Retail Customer receiving un-metered service for one or more Company approved lighting fixtures which operate automatically every night from dusk to dawn and can be either: (1.) a Customer Owned Fixture or (2.) a Company Owned Fixture. The Company will install, make electrical connection(s), and maintain the lighting fixture(s). Charges for services shall commence on the date that the electrical connection is made. MONTHLY RATE I. ,Transmission and Distribution Charges A. Only the T&D Charge below is applicable to Customer Owned Installations. B. The T&D Charge and the Fixture Charge below are applicable to Company Owned Installations. In addition to the T &D Charge and the Fixture Charge for each lamp type in the table below, an additional charge of $2.97 per month is charged for a span of secondary which was installed exclusively for Miscellaneous Lighting Service and Retail Customer did not reimburse Company for construction cost (applies only to installations existing as of 1-1-2002). Revision Number: 9th Effective: 1/1/08 99 Chapter 6: Company Specific Items Sheet No. 6.6 Page 5 of8 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8020 T&D LUMEN TOTAL FIXTURE MONTHL v TYPE OF LAMP CHARGE RATING WATTAGE CHARGE' KWH Floodlil!htineIDirectional Lightinl! High Pressure Sodium (150 watts) $4.773447 15,000 185 $ 3.84 61 High Pressure Sodium (250 watts) $4.772405 28,000 315 $ 5.52 105 High Pressure Sodium (400 watts) $4.771151 50,000 475 $ 7.30 158 High Pressure Sodium (1,000 watts) $4.766200 140,000 1,100 N/A 367 Metal Halide (175 watts) $4.773234 12,900 210 N/A 70 Metal Halide (250 watts) $4.772572 19,475 294 N/A 98 Metal Halide (400 watts) $4.771127 32,200 476 N/A 159 Metal Halide (1,000 watts) $4.776200 104,500 1,100 N/A 367 Roadwav/General Lil!l1tine: High Pressure Sodium (150 watts) $4.773447 15,000 185 $ 2.71 61 Guard Lil!htine High Pressure Sodium (100 watts) $4.773945 9,500 120 $ 0.93 40 MercuI)' Vapor (no new installations) $4.773187 7,800 215 $ 0.25 72 I Applies only to Company Owned Fixtures that are Company-owned and installed prior to September 1,2000. II. System Benefit Fund Charge: $.000655 per kWh See Rider SBF III. Transition Charge: See Schedule TC IV. Nuclear Decommissioning Charge: $.000025 per kWh See Rider NDC V. Transmission Cost Recovery Factor: See Rider TCRF VI. Excess Mitigation Credit: Not Applicable Revision Number: 9th Effective: 1/1/08 100 Chapter 6: Company Specific Items Sheet No. 6.6 Page 6 of8 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8020 VII. State Colleges and Universities Discount: See Rider SCUD VIII. Competition Transition Charge: See Rider CTC IX. Other Charges or Credits: A. Municipal Account Franchise $(.001874) Per kWh Credit (see application and explanation below) B. Rate Case Expenses Surcharge See Rider RCE C. Rider UCOS Retail Credit See Rider RURC OTHER PROVISION Additional mercury vapor lighting is no longer being installed. Existing mercury vapor installations will be converted to sodium vapor installations from time to time during the normal course of maintenance when individual lamps bum out. Mercury vapor Guard Lighting installations with 7,800 lumen lamps will be converted to 9,500 lumen high pressure sodium, at no up front cost to the Retail Customer. INSTALLATION AND MAINTENANCE FOR CUSTOMER OWNED FIXTURES Company will install and maintain the lighting fixture(s) served hereunder. For all installations except Guard Lights, the Company will provide for each fixture the bulb and the photoelectric relay at the time of installation. Company will replace burned out lamps and make other maintenance repairs during Company's regular working hours at Company's expense, but with no adjustment of payments hereunder due to outage. Maintenance includes replacement of burned-out lamps (bulbs) and malfunctioning photoelectric relays. Damages due to vandalism, storms, accidents or manufacturing defects are not included under maintenance. Normally, Company will make maintenance repairs under this tariff within 72 hours after notification by the Retail Customer or REP. The Retail Customer will be charged a one-time fee per lighting fixture to cover the Company's standard installation as detailed below. Standard installation consists of installing the lighting fixture on an existing wooden distribution pole and connecting service supplied from an existing or new overhead secondary conductor on the pole as detailed below. Standard installations are made during normal Company business hours. The charges below include both the labor to install and eventually remove fixtures. Any additional construction and/or cost required to provide service will be at the Retail Revision Number: 9th Effective: 1/1/08 101 Chapter 6: Company Specific Items Sheet No. 6.6 Page 7 of8 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8020 Customer's expense, for an additional charge. Any additional facilities so required will be owned, installed and maintained by the Company. Retail Customer or REP must purchase/ provide all lighting fixtures. Only un-metered lighting fixtures meeting Company Service Standards and specifications will be allowed under this tariff. The Retail Customer or REP will own the lighting fixture. CUSTOMER OWNED FIXTURES One Light Two Lights Three Lights STANDARD INSTALLATION FEES per Pole per Pole per Pole High Pressnre Sodinm Installations without secondary 150w, 250w, 400w $325 $350 $405 IOOOw $370 $450 $550 Installations with 150 feet of secondary 150w, 250w, 400w $425 $450 $505 1000w $470 $550 $655 Metal Halide Installations without secondary 175w, 250w, 400w $330 $365 $430 1000w $370 $450 $550 Installations with 150 feet of secondary 175w, 250w, 400w $430 $470 $530 1000w $470 $550 $655 Guard Light Installations without secondary 100wBPS $325 N/A N/A Installations with secondary 100w BPS $365 N/A N/A Roadway Light Installations without secondary 150w BPS $335 N/A N/A Installations with secondary 150w BPS $375 N/A N/A INSTALLATION AND MAINTENANCE FOR COMPANY OWNED FIXTURES Company Owned Fixtures were installed by the Company before September 1, 2000. Company will replace burned out lamps and make other maintenance repairs during Company's regular working hours at Company's expense, but with no adjustment of payments hereunder due to outage. Maintenance includes replacement of burned-out lamps (bulbs) and malfunctioning photoelectric relays, and damages due to vandalism, storms, accidents or manufacturing defects. Normally, Company will make maintenance repairs under this tariff within 72 hours after notification by the Retail Customer or REP. Revision Number: 9th Effective: 1/1/08 102 Chapter 6: Company Specific Items Sheet No. 6.6 Page 8 of8 CenterPoint Energy Houston Electric, LLC Applicable: Entire Service Area CNP 8020 EXTRAORDINARY MAINTENANCE ACTIVITIES For Customer Owned Fixtures, Company will charge Retail Customer an additional fee as detailed below for each occurrence of the extraordinary maintenance activities listed hereunder. CUSTOMER OWNED FIXTURES EXTRAORDINARY MAINTENANCE FEE ACTIVITY FEE (I) Replace a vandalized shield $125.00 (parts and labor) (2) Make adjustments to the fixture $125.00 (labor only) (3) Replace a fixture $125.00 (labor onlv) (4) Relocate a fixture See Section 6.1.2.2, (labor onlv) Construction Services NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. Revision Number: 9th Effective: 1/1/08 103