2006-013-RES-TXU - Laserfiche WebLink

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Act, Tex. UtiI. Code Title 2 ("PURA") Chapter 36; (3) a proceeding affecting Electric Delivery's rates is initiated as a result of a settlement; or (4) legislation becomes effective that modifies the franchise fee authorized by PURA. 4. The Signatories agree that if the Public Utility Commission of Texas denies recovery in Electric Delivery's rates of the fees associated with the increased franchise fee factors described in paragraph 2, then the franchise fee factors immediately revert to the franchise fee factors in effect on December 31, 2005. Electric Delivery will not seek to impose a refund or credit obligation on Member Cities for franchise fees already paid under the increased franchise fee factors. 5. Electric Delivery agrees to amend its existing franchise agreements with those Member Cities who receive their annual franchise fee payments from Electric Delivery on a prospective basis, and who wish to receive franchise fee payments on a quarterly basis, to reflect the following points. Implementation of this amendment will be at each eligible Member City's option. Exhibit C is a list of Member Cities who are eligible to take advantage of this provision. F or the purposes of this Agreement, "privilege period" is the period during which Electric Delivery will have the right to use the public rights-of-way to deliver electricity to a retail customer. "Basis period" is the period during which kWh delivered to each retail customer whose consuming facility's point of delivery is located within the Member City's municipal boundaries is used for the payment calculation. (a.) In calendar year 2006, the annual payment to be made by Electric Delivery to the eligible Member Cities will be paid in full on the date required by the applicable franchise agreement. (b.) Electric Delivery agrees to amend the franchise of eligible Member Cities to make quarterly payments on a prospective basis in lieu of the annual prospective payments as follows: (i.) A quarterly payment schedule will be established with the fIrst quarterly payment due three months after the 2006 annual payment date in the existing franchise. (ii.) If the franchise amendment reflecting this Agreement is not effective prior to the fIrst quarterly payment date, Electric Delivery will pay any quarterly payments due within 30 days of the effective date of the amendment. Subsequent payments will be made in accordance with the schedule established in the franchise amendment. (iii.) The basis period used in determining the fIrst quarterly payment will be the three-month period immediately following the end of the basis period designated in the existing franchise agreement that corresponds to the last annual payment made in 2006. The basis period used in determining each subsequent quarterly payment will be the subsequent three-month period. Page 2