05-D TXU Settlement Agreement - Laserfiche WebLink

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existing applicable Û'aDchise agreements to the contrary, Electric Delivery agrees to reimburse Cities for reasonable and necessary expenses incutred in Electric Ddivery's next rate case in an amount not to exceed $2,000,000. The rate case expense reimbursements will be made monthly, beginning with the first month after the consultants are hired. Cities further agree not to contest the recovery of Cities' rate case expenses and Electric -Delivery's reasonable and necessary rate case expenses in Electric Ddivcry's next rate case. Electric Delivery further agrees to pay, and Cities agrees to accept, $150,000 in settlement of all previously disputed regulatory expenses. Electric Delivery will not seek reimbursement of that $150,000 amount in Electric Delivery's rates. 13. Electric Delivery agrees that, in ftanchise negotiations, it will not seek to extend the prohibition on reimbursement of mUlÚcipal rate case expenses beyond June 2008. 14. Electric Delivery agrees that if the 2005 Texas Legislature considers the implementation of a nodal pricing system in ERCaf, then Electric Delivery will provide infonDation to the Legislature concerning the importance of a vibrant electric transmission system and the benefits of the expansion of transmission facilities in helping 'to reduce congestion costs. 15. Signatories acknowledge that Electric Delivery intends to offer certain terms of this Settlement Agr~lcnt to cities served by Electric Delivery that arc not listed on Exhibit A ("Negotiations"). Electric Delivery agrees that all cities listed on Exhibit A are entitled to Most Favored Nations protection during those Negotiations and that any benefits that Elecbir. Delivery agrees to provide to any city during those Negotiations that arc not aJready included in this Settlement Agreement will be offered to all cities listed on Exhibit A. Cities acknowledge and agree that to receive any additional benefits from Electric Delivery, additional consideration fiom Cities to Electric Delivery may be required. 16. The Signatories agree that the amounts paid by Electric Delivery to Cities pursuant to paragraphs 4, lOt and 12 of this Agrctment are paid solely in oonsideration for Cities' abatement or dismissal of, and forbearance ûom filing or pursuing, Show Cause Actions against Electric Delivery and Cities' agreement to abide by the terms of this ~cement, and to reimburse Cities' expenses associated with the Show Cause Actions and other regulatory proceetfings. To the extent that the amounts paid may be in excess of Cities' expenses, the excess is paid solely in order to settle the matters that are the subject of this Aatccment. Signatories recognize and agree that the payments specified in this A&iocment are not a rate reduction, refund, rebate, discount, preference or privilege of any kind for services provided by Electric Delivery or any of its affiliates or predecessors in interest under any tariff: whether in the past, now, or in the future. As such, the provision of electric delivery service to Cities by Electric Delivery or any affiliate or predecessor has been and will cœtinue to be governed solely by the rates, terms, and conditions of the applicable tariði. 17. Cities agree that for a ten-day period following the date this Settlement Agrecn1ent is executed, neither Cities nor the cities listed on Exhibit A will make any public statements or take any public action conceming the existence of a settlement or the terms of the Settlement Agreement . - ~.' 4