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

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iii) if the imbalance is greater thanlO%. butl5% or less. of the total gas volumes delivered Cuslomer at the Delivery Point during such month, Customer will purchase such imbalance gas volumes from TXUGD. and TXUGD will have the right to collecl from Customer. a sum of money determined by the produC:1 of (A) the greater of the highest price paid for gas by TXUGD during that monthly period or 150% of the highest daily Houston Ship Channel price during that monthly period, as reponed in the publication Gas Daily, multiplied by (B) the number of decatherms in such monthly imbalance, thereby eliminating such monthly imbalance; iv) if the imbalance is greater thanl5%, but 20% or less, of the tOlal gas volumes delivered to Customer at the Delivery Point during such month, Customer will purchase such imbalance gas volumes from TXUGO. and TXUGO will have the right to collect from Customer, a sum of money deternUned by the product of (A) the greater of the highest price paid for gas by TXUGO during thaI monthly period or 175% of the highest daily Houston Ship Channel price during thaI monthly period, as reponed in the publicalion Gas Daily, multiplied by (B) the number of decatherms in such monthly imbalance, thereby eliminating such monthly imbalance: and v) if the imbalance is greater than 20% of the total gas volumes delivered to Customer at the Oelivery Point during such month, Customer will purchase such imbalance gas volumes from TXUGD. and TXUGD will have the right to collect from Customer, a sum of money determined by the product of (A) the greater of the highest price paid for gas by TXUGO during that monthly period or 200% of the highesl daily Houston Ship Channel price during that monthly period, as reponed in the publication Gas Daily, multiplied by (B) the number of decatherms in such monlhly imbalance, thereby eliminating suchmoillhly imbalance. (d) TXUGO will bill Customerfor any such amounts owed to TICUGO by Customer under this paragraph 13 by including such amounts in the monthly statemenl(s) rendered to Customer under paragraph 12 of Schedule "B" of this Contracl, or by a separate statemenl whether or not this Contract has tenninaled. TXUGD will credit Customer for any such. amounts owed to Customer by TXUGO under this paragraph 13 by crediting such amounts against amounts owed to TXUGO by Customer in any such Slatemenl(s) rendered to Customer. Otherwise, such amounts will be paid to Customer within lhiny (30) days from Ihe date Contract has terminated if the net account balance is an amount owed to Customer by TXUGO. 14. Misuse ofImbalance Provisions Cuslomer will not attempt to utilize the imbalance provisions hereunder to provide standby or backup service or plant protection supply gas for its Facility in the event its third party supplier(s) fail to deliver sufficient volumes of gas to TXUGD for redelivery hereunder to Customer's Facility for such purposes, with due consideration 10 the Retention Volume, or for any other purpose not expressly contemplated in the terms of this Contract. In the event TXUGO ever deternUnes that Customer has attempled to do so. Customer agrees that TXUGO will have the right to suspend and/or ternUnate this Contract. 15. Failure of Pricin2 Resource (a) In the evenl no Gas Daily is published or no "highest daily price" is published in the Gas Daily, the price used therefore will be the highest price published in Inside F.E.R.C. 's Gas Market Report for gas sold during the month in Texas. In the event no Gas Daily is published or no "lowest daily price" is published in the Gas Daily, the price used therefor will be the lowesl price published in the Inside F.E.R.C. 's Gas Market Report for gas sold during the month in Texas. (b) In the event no Gas Daily and no Inside F.E.R.C. 's Gas Market Report is published or no "highest daily price" is published in the Gas Daily or in the "Inside FERC," the price used therefore will be the highest price published by the New York Mercantile Exchange (NYMEX) for gas sold during the month in Texas. In the event no Gas Daily and no Inside F.E.R. C. 's Gas Market Report is published or no "lowest daily price" is published in the Gas Daily or in the "Inside FERC," the price used therefor will be the lowest price published by the New York Mercantile Exchange (NYMEX) for gas sold during the month in Texas. (c) In the event Gas Daily, Inside F.E.R.C. 's Gas Marlcet Report and the New York Mercantile Exchange (NYMEX) all three fail to repon a highest or lowest price for the month for use under the respeclive provisions of this Contraclthe parties may mutually agree upon the price or prices to be used. However, if the parties cannot agree on such a price or prices within Ihiny (30) days of such an event the appropriate price or prices will be established by arbitration as provided in this Contract. 7 !V OS/25/01 Attach. to Rate Sch. 4221 22