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