05-D TXU Settlement Agreement - Laserfiche WebLink

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of these issues will not constitute a bæach of this Settlement Agreement by either Cities or Electric Delivery. 8. Electric Delivery agrees to negotiate with Cities. and Cities agree to approve, a tariff that permits Cities to request under¡roundins of new or existing distribution facilities. The tariff shall ensure full cost recovery by Electric Delivery through a surcharge in the requesting city in the event that no third party is required by Electric Delivery's tariff, or applicable city ordinance, to pay for under grounding costs. That tariff will also allow Cities to request undergrounding of transmission lines to the extent Electric Delivery determines that (a) such undergrounding is feasible, (b) such undergroundina is consistent with the PUC's Substantive Rules and ERCOT's requirements, and (c) Electric Delivery can recover the costs of such undergrounding through a surcharge in the requesting city. Electric Delivery will not be obligated to tile the tariff for city approval until after the expiration of the Price to Beat or the modification of the Price to Beat in a manner that allows pass through of tariff charges to the ultimate consmner. 9. Electric Delivery agrees to provide quarterly updates to representatives designated by Cities and their consultants conœmiDg Electric Delivery's capital expenditure projects and affiliate transactions, the creation and regulatory treatment of a Pension and Health Benefits Reserve fur Electric Delivery, possible workable parameters for performance based rates for Electric Delivery, and other topics as agreed upon by the Signatories. Electric Delivery will work with Cities to provide information requested by Cities concerning those topics. 10. Electric Delivery shall pay up to S 1 0,000 per month in regulatory expenses directly to Cities' consultants, after receipt of appropriate documentation and invoices, provided said expenses may be defeJTed for recovery. Cities agree to support recovery of such costs in Electric Delivery's next rate case. Should recovery be denied by the PUC, then the payments will immediate! y cease. 11. Electric Delivery agrees to wolk with Cities to establish better communications between the Cities and Electric Delivery with respect to access to city meters for monthly readin¡. Each city shall provide in writin& by Mard131, 2005, a contact person for inaccessible meters for city accounts, and sbaIl promptly notify Electric Delivery of any change in the contact person. In months where a meter reader is unable to pin access to the premises to read the meter on regular meter reading trips, or in months when meters are not read, Electric Delivery agrees to provide the customer with a postcard and request the customer to read the meter' and relum the card to Electric Delivery. If the postcard is not received by EleCtric Delivery in time for billing, Electric Delivery may estim.te the meter reading and issue a bill. Electric Delivery agrees that all municipal meters will be read at least once every three months by it or by the respective city. The failure of a city to designate a contact person for inaccessible meters affects only that city and does not adversely impact anyotha- city or mitipte responsibilities and benefits otherwise inherent to this Agreement. 12. Electric Delivery agrees to reimburse Cities for the expenses incurred related to the Shuw Cause Actions in an amount not to exceed S 1 00,000 after receipt of appropriate documentatiun and invoices, and Cities agree that those costs can be deferred for recovery in its next rate ~ and agree to support deferral and recovery in that case. Notwithstanding any provisi\..ns in . . .". 3