2001-047-ORD AFTER REASONABLE NOTICE AND HEARING, TXU GAS DISTRIBUTION'S RATES AND CHARGES WITH COP SHOULD BE CHANGED

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SCHEDULE "B" TO OPTIONAL INDUSTRIAL GAS SALES OR GAS TRANSPORTATION CONTRACT GENERAL TERMS AND CONDITIONS APPLICABLE TO BOTH SALES SERVICE AND TRANSPORTATION SERVICE 1. Qualification (a) In order to qualify as a Customer and receive service under this Contract a customer must: (i) be served from a connection to a TXUGD distribution system downstream from a city gate and inside the boundaries of a city: (ii) be served without exceeding the capacity ofTXUGD's existing facilities: and (Hi) qualify to receive service as an industrial customer under TXUGD's Rate Schedule No. 200 issued in April of 1999; however, such customer may not be an electric generation customer, and must consume at least 1500 decathenns as an annual average instead of not less than 125 mcfper month of its Connet Year. (b) A customer, other than a residential customer, that is otherwise qualified. but does nol have a minimum gas usage of 1500 decatherms as an annual average. may choose commercial class gas sales service. (c) Service under this Contract will not be available to a customer that has another existing gas sales or transportation contract or agreement related to those facilities described on the signature page of this Contract for gas service from TXUGD's distribution facilities. Nanual gas transportation or sales service under this Contract will only be available to such customers upon the tennination of such other contracts. . (d) Customer must have entered a written agreement with TXUGD in the form of the Contract that is a pan of the approved tariff applicable hereto. (e) Customer must have selected one of the service options and other variable terms and provisions that are agreeable to TXUGD, as provided on the signature page of this Contract and on the Selection of Service Form. which is included as Schedule "A." Such a signature page and such Selection of Service Form will, when agreed to by TXUGD, become a pan of this Contract and incorporated herein. (t) This Contract, including all applicable Schedules and tariffs, constitutes the entire contract between Customer and TXUGD with respect to Customer's facilities described on the signature page for the purposes herein designated. (g) Service under this Contract will only be available where Optional Industrial Rates are in effect. 2. Definitions (a) "Agreement" or "mutual agreement" as used in this Contract in regard to an agreement of the parties on a variable term or provision of this Contract., at inception or in the future, mean an agreement thar will not be unreasonably withheld by either pany; however, the agreement ofTXUGD will necessarily be dependent upon the relevant distribution system operating conditions. which TXUGD will not be required to change, and TXUaD will not be required to change the capacity of its system or add new facilities. (b) "Billing month" means that period of time beginning at 9:00 A.M. central clock time on the first calendar day of a calendar month and ending at 9:00 A.M. cenaal clock time, on the first calendar day of the following calendar month for which TXUGD submits a statement to Customer for the services, fees, tax reimbursement. costs, charges and compensation due to TXUGD under the provisions of this Contract. (c) "Contract Year" means the period of time beginning at 9:00 A.M. central clock time on the first day of the month after initial deliveries of gas to Customer are measured through TXUGO's measurement facilities and ending at 9:00 A.M. central clock time on the same day and month one (1) year thereafter, or as otherwise set forth on the signature page of this Contract. (d) "Day" means the period of time beginning at 9:00 A.M. central clock time on one calendar day and ending at 9:00 A.M. central clock time on the following calendar day. (e) "Decatherm" has the meaning set forth in paragraph 8(a) of this Schedule "B." (0 "Delivery Point" has the meaning set forth on the signature page of this Contract. Rev OS/25/01 Attach. to Rate Sch. 4221 04