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

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all persons to or against said gas. Further, nei1her TXUGD nor Cuslomer will take any action thai changes or jeopardizes Customer's litle to the gas O'ansponed hereunder. 5. Oualitv I (aJ The natural gas delivered by Customer to TXUGD for O'ansportalion under this Contracl will be of merchantable qualir)' and commercially1ret from waru. hazardous substances. hydrocarbon liquids. bacteria alld other objectionable liquids, solids or gas components. In addition. any such gas will specifically contain not more than: (i) five one hundredths of one percent (.05%) oxygen; (ii) five(5) grains of total sulphur, consisting of no I more than one quarrer(l/4) grain of hydrogen sulfide and one( 1) grain of mere opt OIl sulphur per one hundred (100) cubic feet of gas; (Hi) cwo percent (2%) by volume of carbon dioxide: (iv) four percent (4%) by volume ofroral non-hydrocarbon and inerr gases (including carbon dioxide. niO'ogen. oxygen. helium. etc.); and (v) seven pounds (7#) of water vapor per one million (1,000,000) cubic feet of gas. The gas will be at temperatures not in excess of one hundred twent)' (/20) degrus Fahunheir nor less thanforf)' (40) degrus Fahrenheit. provided that the gas will have a hydrocarbon dew point nOl to exctedforry (40) degrees Fahrenheit at the delivery pressure. and will have a heat content of not less than nine hundredftfty (950) or more thane/even hundred (1,100) Btu per cubic foot under the conditions of measurement contained herein. TXUGD will nOl be obligated to accept any gas deli vered by Customer (or its designee) hereunder that is not interchangeable with other gas in TXUGO's distribution system at the applicable Receipt Point hereunder. TXUGO's qetermination of such interchangeability will be based upon a factor that is equivalent to the quotient obtained by dividing the loull heating value of such gas, expressed in Blu, by the square root of the specific gravity of such gas. Such factor must be within 7% of the inrerchange factor established by TXUGO for its system at the applicable Receipt Point hereunder. (b) If at any time the gas fails 10 meet the quality specifications enumerated herein. TXUGD will notify Cuslomer. and Customer will immediately correct such failure. If Customer is unable or unwilling to deliver gas according to such specifications, TXUGD may refuse to accept delivery of gas hereunder for so long as such condition exists. (c) NOlwithstanding anything contained herein. TXUGD reserves the right. at any time and from time to time, to unilaterally amend, on a nondiscriminatory basis. the quality specifications set forth above to conform with standard indusuy practices upon giving Customer at least thirty (30) days prior written notice of any such change(s). 6. Resoonsibilitv Customer or Customer's designee will be in control and possession of the gas to be transponed and will be responsible for and will indemnify TXUGD for, and hold TXUGD harmless from, any damage or injury caused thereby prior to such gas being delivered into a facility owned by TXUGD at the Receipt Point(s) and after such gas is delivered by TXUGD into a facility owned by Customer or Customer's designee at the Delivery Point. except for injuries and damages caused by the negligence ofTXUGD. TXUGD will be in conO'ol and possession of the gas it transpons hereunder, and will be responsible for and will indemnify Customer for, and hold Customer harmless from. any damage or injury caused thereby after receipt of the gas by TXUGD into a facilily owned by TXUGD at the Receipt Poinl(s) and until sucb gas is delivered into a facility of the Customer or Customer's designee at the Delivery Point, except for injwies and damages caused by the negligence of Customer or Customer's designee. However, gas will be received by TXUGD after it has passed out of the meter at a Receipt Point and until it is delivered by TXUGD to Customer or Customer's designee after it has passed out of the meter at a Delivery Point. The meter will be considered to be the meter tube for purposes of this provision. 7. Transoortation Rates (a> Commencing with initial deliveries of gas hereunder, Customer will pay to TXUGD each month the Transportation Service Rate set forth on the signature page of this Contract for transportation services provided hereunder during such month, at the rate(s) set foRb on the signatory page of this Contract. which will include TXUGD's right to retain and become the owner of the Retention Volume and the fees, charges, tax reimbursements and costs provided for in this Contract. (b) CUSlomer agrees to reimburse TXUGD for any Taxes as herein defined. 2 Rev OS/25/01 Attach. to Rate Sch. 4221 17