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

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Points. at any time and from time to time and for any specified or unspecified time period(s). TXUGD will endeavor to notify Customer or Customer's designee of such refusal to accept or honor any nomination or nominations as soon as practicable, but TXUOD will not be liable for any failure to do so. (g) Notwithstanding the foregoing, Customer will not attempt to utilize the nomination process under this Contract to reserve or gain additional pipeline capacity by over nomination. In the event TXUGD. in its sole discretion, determines that Cuslomer has attempted to reserve or gain additional pipeline capacily by over nomination, Customer agrees that TXUOD will have the right, with or without prior notice. 10: (i) revise the nomination, (ii) suspend service under this Contract, andlor (iii) terminate this Contract. 11. Imbalances of Nominations and Volumes (a) It is recognized and understood that: (i) an exact day-to-day balance of the volume of gas nominated for receipt and delivery by TXUOD and the volume of gas delivered to (raken or used by) Customer at the Delivery Point may not be possible due to the inability of Customer to precisely predict or control such receipts or deliveries; and Iii) an exact day-to-day balance of the volume of gas delivered to TXUOD al the Receipt Points for transportation, less the Retenlion Volume, and the quantity of gas delivered 10 (raken or used by) Customer at the Delivery Point by TXUOD may not be possible due to the inability of Customer to control preciscly such receipts or deliveries. However, Customer will endeavor to nominate and deliver to TXUOD at the Receipt Point the v~lume of gas that is delivered to (raken or used by) Customer at the Delivery Point, plus the Retention Volume, during-any applicable period. (b) Customer will be obligated to monitor on both an hourly and a daily basis and, if necessary, adjust, or cause to be adjusted: (i) the volume of gas delivered to TXUOD at the Receipl Points for transportation; and (ii) the volume of transportation gas raken or received by Customer, or its designee, from TXUOD at the Delivery Point, in order to maintain both an hourly and a daily balance of receipts and deliveries at consistent flow rates throughout each day, giving due consideration to the related Retention Volume. Customer will advisc TXUOD of any situation wherein any kind of imbalance has occurred or may occur, Customer will endeavor to adjust its receipts andlor deliveries of transportation gas to the extent necessary to avoid any kind of imbalance, and promptly notify TXUOD of such adjustments. Any adjustments to receipts andlor deliveries by Customer, whether or not pursuanl to notification from either party, will be coordinated with TXUOD's gas control personnel. (e) TXUOD will not be obligaled 10 receive or deliver quantities of gas on any day in excess of the lesscr of: (i) those quanlities nominated by Customer for transportation hereunder on such day, giving due consideration to the Retention Volume; or (ii) thosc quantities received by TXUOD at the Receipt Points for transportation hereunder on such day, giving due consideration to the Retention Volume. However, TXUOD, to the extent practicable, will endeavor to deliver to Customer each day a quantity of gas equivalent to the quantity of gas received by TXUOD from Customer (or its designee) at the Receipt Points on such day, less the Retention Volume. (d) TXUOD will retain and become the owner of such Retention Volume 10 replace the normal gas lost, gas used as fuel and gas used in its day-te-day pipeline operations related to the volumes delivered by Customer to TXUOD. (e) Notwithstanding anything contained herein that might be construed to the contrary, TXUOD will always have the total and unrestricted right, but with no obligation whatsoever, at any time and from time to time, to restrict, interrupt or reduce its receipt andlor delivery of transport gas hereunder in order to maintain both an hourly and a daily balance of receipts and deliveries at consistenl flow rates throughout each day or to correct any imbalance belween receipts and deliveries hereunder. (I) Other provisions of this Contract notwithstanding, in the event the transportation of volumes of gas delivered to the Receipt Point are interrupted by TXUOD during any day for any reason, the volume interrupted, up to the Maximum Daily Quantity, will not be considered as a part of any imbalance for that day under the lerms of this Contract. 4 lev OS/25/01 Attach. to Rate Sch. 4221 19