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

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12. Nomination Imbalance Payments (a) A nOnUnation imbalance will exist under this Contract when, during any applicable period (If the term hereof. there is a numerical difference between: , (i) the quantity of gas delivered by TXUGO to Customer; and (ii) the quantity of gas nOnUnated for that period by Customer. (b) To the extent Customer fails to avoid a monthly nOnUnation imbalance [as described in paragraph 12(a) above], and Customer's nominations for deliveries to TXUGO at the Receipt Point(s) during such monthly period are in excess of the transportation quantities actually, or deemed by allocation, delivered to TICUGO for transportation to Customer at the Delivery Point during said monthly period ("over nomination by Customer"): i) if the imbalance is greater than 0%, but 5% or less during such month, Customer wm pay to TXUGD a sum of money deternUned by the product of (A) SO. IS (15 cents) per decatherm multiplied by (B) the number of decatherms in such monthly imbalance, thereby eliminating such imbalance; (ii) if the imbalance is greater than 5%, bUIIO% or less during such month, Cuslomer will pay to TXUGD a sum of money delernUned by the product of (A) SO.30 (30 cents) perdecatherm multiplied by (B) Ihe number of decatherms in such monthly imbalance, thereby elinUnating such imbalance; (iii) if the imbalance is greater than 10%, but 15% or less during such month, Customer will pay to TXUGD a sum of money deternUned by the product of (A) SO.45 (45 cents) per deca'.herm multiplied by (B) the number of decatherms in such monthly imbalance, thereby elinUnating such imbalance; (iv) if the imbalance is greater than 15%, but 20% or less during such month, Customer will pay to TXUGO a sum of money deternUned by the product of (A) SO.60 (60 cents) per decatherm multiplied by (B) the number of decatherms in such monthly imbalance, thereby elinUnating such imbalance; or (v) if the imbalance is greater than 20% during such month, Customer will pay to TXUGD a sum of money deternUned by the product of (A) SO.75 (75 cents) per decatherm multiplied by (B) the number of decatherms in such monthly imbalance, thereby elinUnating such imbalance. (c) To the extent Customer fails to avoid a monthly nOnUnation imbalance [as described in paragraph 12(a) above], and Customer's nOnUnation for deliveries to TXUGD at the Receipt Point(s) during such monthly period are less than the transportation quantities actually, or deemed by allocation, delivered to TXUGD for transportation to Customer at the Oelivery Point during said monthly period ("under nOnUnation by Customer"), Cuslomer will pay TXUGD a sum of money deternUned by the product of (A) SO.05 (5 cents) per decatherm multiplied by (B) the number of decathenns in such monthly imbalance, thereby elinUnating such imbalance. (d) TXUGO will bill Customer for any such amounts owed to TXUGO by Customer under this paragraph 12 by including such amounts in the monthly slalement(s) rendered to Customer under paragraph 12 of Schedule "B" of this Contract, or by a separate Slatement whether or not this Contract has ternUnated. 13. Volume Imbalance Payments (a) A volume imbalance will exist under this Contract when, during any month of the term hereof, there is a numerical difference between: (i) the volume of gas delivered by TXUGD to Customer at the Delivery Point; and (ii) the volume of gas received by TXUGD from Customer (or its designee) at the Receipt Point(s),less the Retention Volume. Volumes received or delivered will for purposes of this Contract include volumes that are not separately metered, but are deemed received or delivered by allocation in situations in which Customer's gas is commingled with gas owned by others. (b) To the extent Customer fails to avoid a monthly volume imbalance [as described in paragraph 13(a) above], and Customer's deliveries to TXUGD at the Receipt Point(s) during such monthly period, less the Retention Volumes, are in excess of the transportation quantities delivered by TXUGD to Customer at the Delivery Point during said monthly period ("over deliveries by Customer creating an imbalance 'due' Customer"): 5 Rev OS/25/01 Attach. to Rate Sch. 4221 20