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HomeMy WebLinkAboutPO 5966: ENTERGY TEXAS - RATESY P. O. 5966 01./06/09 gt ORDINANCE NO. AN ORDINANCE BY THE' CITY OF PORT ARTHUR, TEXAS ("CITY") APPROVING. THE RATES OF ENTERGY TEXAS, INC., CONTAINED IN THE STATEMENT OF INTENT TO CHANGE RATES ("STATEMENT OF INTENT") FILED IN THE CITY ON DECEMBER 19', 2008; APPROVING AN EARLY EFFECTIVE DATE OF THE RATE CHANGE; FINDING THAT THE .MEETING COMPLIES .WITH THE OPEN MEET-INGS ACT; HARING OTHER FINDINGS AND PROVISIONS RELATED. TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about September 26, 2007, Entergy Texas, Inc. ("ETI") filed a Statement of Intent with the City to increase electric rates and charges in the ETI Service Area by $107.5 million. per year in addition to an expected $5 million annual increase to its Miscellaneous Service Schedule charges resulting in about a $112 million annual increase to customers; and WHEREAS, the City suspended the effective date of ETI's rates within its jurisdictional. limits until at least September 29, 2008; and WHEREAS, on August 19, 2008, ETI agreed to further extend the effective date of rates; and WHEREAS, the City intervened at the Public Utility Commission of Texas ("PUC") in 'PUC Docket No. 34800 with other cities ("Cities") and parties to review ETI's 'proposed rates, operations and services of an electric utility pursuant to City authority under the Public Utility Regulatory Act §33.025;. and WHEREAS,. on or about May 13, 2008, the Community Association of the Woodlands ("CATW"), the Kroger Co. ~i z.po5966 ("Kroger"), Office of Publio Utility Counsel ("OPUC"), Texas Legal Service Center ("TLSC"), the Texas Ratepayers Organization to Save Energy ("Texas Rose") and ETI entered into a non- unanimous settlement ("NUS"), the Entergy Service Cities' Steering Committee recommended approval of the terms of the NUS to the Cities; and WHEREAS, the merits and the reasonableness .of the NUS was' reviewed and approved by three Administrative- Law Judges ("ALJs") at the State Office of Administrative Hearings;("BOAT-I") t and the ALJS concluded that the NUS .and settlement rates are reasonable and in the public interest; and WHEREAS, Cities rate consultants, and -the attorney retained to review-this matter recommended approval of the NUS rates; and WHEREAS, during October and November 2008, Cities passed rate ordinances approving the NUS rates which were not appealed by ETI and have become final lawful rates in the City; and WHEREAS, on or about December 11, 2008, ETI reached a new settlement agreement with the PUC Staff, Industrial customers and State of Texas, parties who were not part of the NUS, for rates that are lower than the NUS levels as show on Attachment A; and WHEREAS, the NUS rates approved by the City have not yet been implemented by ETI, and the Company now proposes to implement the new lower settlement rates on a system-wide basis; and ' WHEREAS, ETI proposes that implementation of the lower rates is good cause to allow ETI to implement the new lower settlement rates earlier than the 35 day period prescribed by PURA §36.102 to accomplish uniform system wide rates; and z.po6966 WHEREAS, the City's consultant; Dan Lawton, has recommended that this Ordinance be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1: That the facts and opinions in the preamble are true and correct. Section 2: That the City of Port Arthur, Texas hereby approves the rates requested by ETI in its December 19, .2008 Statement of Intent, attached hereto as Attachment "B" and as modified in its .letter dated December 22, 2008, attached hereto as Attachment "C". Section 3: That, per Section 36.104 Utility Code, the City of Port Arthur, Texas finds good cause to grant ETI's request to implement the new lower rates earlier than the 35 day period prescribed by PURR §36.102, so customers within the City may benefit from lower electric rates and charges. Section 4: That the effective date of the rate change is for bills rendered on and after January 28, 2009. Section 5: That the meeting, at which this Ordinance was approved, was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6: That the Ordinance shall become effective from and after its passage. Section 7. That a copy of the caption of this Ordinance be spread upon. the Minutes of the City Council. z.po5966 READ, ADOPTED AND APPROVED on this day of January, A.D., 2009, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: w MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: SEE CONFIDENTIAL MEMO CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.po9966 ATTACHMENT "A" ATTACHMENT A LINE RATE N0. CLASS 1 Residental 2 Small General5ervice 3 General Service 4 Large General5ervice 5 Large Industrial Power Service 6 Lighting 7 Total System IMPACT OF ETI DECEMBER 19, 2008 STATEMENT OF INTENT TO CHANGE RATES City Approved ETIOecember 19, 2008 ~ ETI Proposed Percent NUS Rates Rate proposal Rate Redaction Reduction -$268,983,447 $265,878,562 -$3,104,885 -1.159'0 $19,905,680 $17,937,790 -$1,967,890 -9.89% $119,648,970 $216,169,099 -$3,479,871 -2.91%. $36,045,440 $34,669;798 -$1,375,692 -3.82Yo $96,627,687 $84,946,265 -$11,fi81,422 -12.09% $7,063,685 _ $7,097,980 ~ $34;295 0.49% $548,274,959 $526,699,494 -$21,575,465 -3.949'0 ATTACHMENT "B" Office of the City Secretary Memo randum ~~c~evED DATE: December 19, 2008 DEC 1 9 2008 T0: Mayor Deloris °Bobbie" Prance LEGAL DEPARTINENT J - ~ -" Mayor Pro Tem-Jack Chatman, Jr. Counalmember Elizabeth °L.it' Segler - CouncilmemberMorris Albright, III Councilmember Martin Flood Councilmember John Beard, Jr. Councilmember Robert E. ^Bob" Williamson Councilmember Dawana K. Wise CouncilmemberThomasJ: Henderson City Manager Steve Fitzgibbons City Attorney MarkSokolow / r FROM: Acting City Seaetary Tem Hanks / \ SUBJECT: Transmittal of Entergy Documents Transmitted herewith are documents received from Entergy Texas regarding notification of rate change request. If any additional information is needed, please contact the City Secretar~s Office at (409) 983- 8115. Thank you. "REMEMBE2 WE ARE MERE TO SERVE THE CITIZENS OE PORT ART~IUR" <font size=3>Entergy settles rate case;<br>bills to go up 4 percent Page 1 of 1 percent The Port Arthur News December 19, 2008 10:54 am -Electricity bills for Entergy customers will go up as the result of a rate increase tentatively approved- by state regulators. The average 1,000-kilowatt hour residential bill will increase from a current total amount of $127.28 to $132.36 or slightly less than 4 percent. Increases will be reflected on customer bills beginning February 2009, and will result in a $46.7 million annual increase in base ratesfor Entergy Texas. Entergy Texas, Inc. has reached a settlement in its rate case first filed with the Public Utility Commission of Texas in September 2007. The agreement must be approved by the PUCT before it is final.. Entergy Texas and the other parties, however, have requested implementation of the increase on an interim basis until the PUCT's final decision. Key elements in the new settlement, in addition to the increase in revenues to the company, include the following: • Funding for low-income programs, including development of a Public Benefit Fund. The fund will receive $2 million per yeaz to assist qualified customers with their electric bills. Although a part of settlement negotiations, these funds will not come from customers. They aze provided by Entergy Texas. • The company's low-income energy efficiency program will also receive assistance. It will receive $1.2 million in 2009. The amounts for this program will be updated annually. • Entergy Texas' storm fund will increase. The fund currently receives $1.6 million annually. That amount will increase by another $2 million per yeaz to a total of $3.65 million. Copyright ©1999-2008 cnhi, inc. http://www.panews.com/IocaUlocal_story_354104556.htmUresources <font'size=3>Entergy settles rate case;<br>bills to go up 4 City of Port Arthur P:O. Box 1089 444 4~' Street Port Arthur, TX 77650 RECEIVED BY: /~L(~(~C.. ~~t~K~.~ Signature /E~2,e~ ~~,yes Ci.-y SEe,e~ TA~e y Printed Name // Title TIME AND DATE RECEIVED: ~~t G~ ~ 9 , O.Z-d0 ~ C7.ARK, THOMAS ~ VPnvTr>szs ' A PROFE33IONAL CORPORATION 47ES800 POST OFFICE BO%1148 AUSTIN, TEBAS 78787 300 WEST 8° 6TREET, Ib"a FIAOR AUSTIN. TEAS 78701 December 16, 2008 Mr. James Galloway. Filing Clerk Public Utility Commission of Texas 1701 N. Congress Avenue Austin, Texas 78701 Appendix A Page 1 of 16 FA%(S1E147411£9 RE: PUC Docket No. 34800; SOAH Docket No. 473-08-0334; Application bf Entergy Gulf States, Inc. for the Authority to Change Rates and to Reconcile Fuel Costs Deaz Mr. Galloway: Please find attached a.settlement term sheet executed by certain parties. One or more parties may file separately to indicate a position of non-opposition. The settlement-term sheet resolves this proceeding: The parties will submit at a later date Seal settlement documents for the Commission's consideration. Sincerely, Jay Breedveld cc: Parties of Record WBR Ub2:108576.t ~ 1 - Appendix A ' Page 2 of 16 SOAH DOCKET NO.473-08-b334 P.U.C. DOCKET N0.34800 APPLICATION OF ENTERGY GULF § BEFORE THE STATES, INC. FOR AUTHORITY TO § STATE OFFICE OF CHANGE RATES AND TO RECONCILE § ADMINISTRATIVE HEARINGS FUEL COSTS § SETTLEMENT TERM SHEET . The undersigned parties agree to the following settlement terms providing a mutually agreeable basis for resolation of this proceeding. 1. Revenue Requirement: Base rate increase of $46.7 million. This includes additional revenues resulting from the decrease of the interruptible credit referenced is paragraph 4(b). Rates are effective with bills rendered on and after January 28, 2009 for usage oa . and afterDecember 19, 2008 S 2. Temoorarv/lnterim Rates for Service in the Areas Subiect to Commission Jurisdiction in this Proceedine: Signatories agree to support implementation of temporary/interim rates consistent with this Term Sheet by authorizing the Company to file, on behalf of Signatories, no' later than December 16, 2008, an agreed motion for temporary/interim rates effective for bills rendered on and after January 28, 2009 for gsage on and after December 19, 2008. Signatories agree-that the settlement agreement herein is contingent upon approval of temporary/mterim rates pursuant to this paragraph and approval of final rates consistent in all respects with this Term Sheet. Signatories agree that dre Company's implementation of temporary/mterim rates as described in this paragraph. is not contingent on approval of this Team Sheet by municipal regulatory authorities or the Commission. 3. A~eed Implementation of Riders: a. Rate Case Expense Rider designed to recover $2.3 million per year for three years. Rate case expenses will be allocated to classes based on total base rate revenues. Rates established pursuant to this Rider will be set based on customers" 4 f 1 2 AppendixA Page3 of 16 energy consumption in kilowatt-hours, except for the LIPS class which will beset on a kW basis within the class. b. The incremental city franchise fees currently being recovered through a rider will continue to be recovered through a rider. Existing non-incremental city franchise fees will be subsumed in revenues recovered through base rates and will not be stated separately on a bill or chazged separately to customers. 4. Rate Desi¢n: a. Rate schedule SSTs will terminate six months after the issuance of a final, appealable order issued by the Commission in this.proceeding.. Beginning with - the base rates implemented as a result of this Tenn Sheet, the Company will bill SSTS usage as follows:. (SSTs chazges + LIPS chazges)/2. b. Rate schedule IS will be modified as follows: i. 30-minute notice service is eliminated ii. The credit for 5-minute notice service is reduced to $3.75/kW-month iii. The credit for no-notice service is reduced tb $4.88lkW-month iv. The credits shall be applied to the LIPS and LIPS-TOU tariffs (current IiI.FS and LPS customers will be transferred to LIPS) v. Rate schedule IS remains closed to new business c. The Signatories stipulate that the Company's. competitive. generation service proposal should be addressed in a separate proceeding. d. No changes shall be made to Miscellaneous Electric Service Chazges. e. The Lighting class rates for all lighting fixtures shall be designed so that each fixture is charged a uniform base rate percentage increase asestablished-for the entire lighting class. y 3 Appendix A Page 4 of 16 f. Additional Facilities Chazge (AFC) rate shall be reduced to 1.49% with revenue reduction spread to those classes with AFC revenae based on percentage of AFC revenues in each class. g• No changes shall be made to Economic as Available Power Service or Standby Maintenance Services rate schedules. h. No changes shall be made to the Company's (i) Terms and Conditions regarding costs for interconnection ofcustomers, or (2) Electric Extension Policy.. i. The Mazket Valued Energy Rider will not be offered. j. The LIPS contract demand ratchet provisions will be retained with the understandmg that the billing demand provision contained in Paragraph V of the SSTS rate schedule will no longer apply to the LIPS rate schedule after the ternvnation of the SSTS rate schedule. 5. Class Cost Allocation: The class cost allocation is set forth in Attachment. A. 6. LowlncomeProt3ams: a. The Company's Public Benefit Fund will be funded at an annualized amount of $2 million and such amount will not increase the amount specified in Paragraph T of this Term Sheet. Any actual over/under-funding in a yeaz will be reflected in the subsequent yeaz funding. In order to include a greater portion of the eligible population in the program, the Company will use its best-efforts to contract for Bird implement an automatic enrollment program.. The Company's automatic enrollment program will be modeled upon the matching procedures used by other Texas utilities to identify eligible customers and will be implemented within 30 days of the Commission's. issuance of the final order in 41is case. The Company will provide quarterly reports to StafT and any other interested Signatories; and b, For calendar year 2009, the Company's' low=income energy efficiency program will be amended on a trial basis to reinstate the low-income Piggyback Program (also known as Entergy Assist) and to eliminate the Low Income Weatherization 3, 4 Append'oc A Page 5 of 16 SOP Program The Company shall administer the Entergy Assist Program with a contract that: (1) puts. in place reporting standazds that allow for the .energy . eil;ciency measures funded by the Entergy Assist Program to be counted towards its program goals; and (2) includes contract performance criteria. Funding for the Entergy Assist Program for 2009 shall come solely tiom and shall be no more than the $1.2 million originally-budgeted for the. Low Income Weatherization SOP program which amount is.part of the Energy Efficiency Cost Recovery Rider (EECRF) approved by the Commission in Docket No. 35626. By July 30, 2009, the Company shall file a report supplementing its May 2009 EECRF filing addressing the efficacy of the Entergy Assist Program and its potential continuation. Except as described in this paragraph, Signatories are not requesting any changes to the Company's EECRF and.agree that the Company must comply with the provisions of the Commission's August 14, -2008 Order in Docket No. 35626. 7. Fuel-Related Issues: a. Agreed fuel disallowance of $4.5 million booked in the month in which a final, appealable order is issued by the Commission in this docket. b. Adopt Staffs position on the alignment of expenses for fuel cost recovery on a going forward basis, special circumstances request on natural gas call options, and nuclear performance based ratemaking. 8. Storm Cost Accmals: Storm Cost Accruals will be increased by $2 million annually (to a total annual accrual of $3.65 million} beginning January 1, 2009. This amount. will be subsumed in revenues recovered through base rates. 9. Nuclear depreciation and decommissioning adjusted effective January 1, 2009, to reflect life extension of River Bend. 10. Anon-nuclear depreciaiun adjustment related to the Company's fossil generating plants to reduce depreciation expense by the amount of $2.7 million will be allowed effective January 1, 2009 (as set out in the rebuttal testimony of Brian Caldwell, Exhibit BWC-R- 4 5 Appendix A Page 6 of 16 3). The Company will present a new depreciation study as part of the next base rate case, or by January 5, 2010, whichever is eazlier. 11. Signatories will develop 'a proposed order which addresses issues raised in the Commission's Order on Remand in this proceeding. 12. All numbers herein aze total Texas retail jurisdictional. 13. `Rider IPCR shall expire contemporaneously with the implementation of rates as set forth in this Term Sheet. 14. Implementation of Rates by Cities: Municipalities for which appeals are not incorporated in Docket 34800 ("Cities' agree to-adopt rates consistent in all respects with this Term Sheet and the Company agrees to support approval of such rates by Cities and to work with Cities to implement such rates at the same time as rates are implemented-under Paragraph 2.. Not later than December 19, 2008, the Company will file statements of intent consistent in alI respects with this Term Sheet in alI Cities.. The. Company will. .provide copies of all statements of intent filed pursuant to this pazagraph to Staff and any interested Signatories, by December 22, 2008. In all such statements of intent, the Company will request: (1) pursuant to PURA § 36.103(b), a waiver of the publication of notice requirement prescribed in PURR § 36.103(a); and (Z) pursuant to PURR § 36.1b4, an early effective date of rate change. Cities represent that the affected municipal regulatory authorities will take action on the statements of intent no-later than January 24, ' 2009. If any municipal regulatory authority fails to approve rates consistent in all. respects with this Term Sheet, in furtherance of this settlement the Company will promptly and timely appeal any such decisions to the Commission pursuant to PURR §§ 33.051; 33.053. If all municipal regulatory authorifles have not approved the Company's statement. of. intent by February 24, 2009, the Company will extend its Match 2, 2009 suspension period as necessary for the sole purpose of allowing time for all appeal(s) to be included in the final order in Docket 34800. 15. Except to the extent that the Term Sheet expressly governs a Signatory's rights and obligations for future periods, this Tema Sheet shaIl not be binding or precedential upon a 5 6 Appendix A Page 7 of 76. Signatory outside this docket. The final resolution of the instant proceeding does not impose any conditions, obligations or limitations on the Company's right to file a base rate proceeding and obtain rate relief in accordance with PURR. 16. The Term Sheet is subject to an acceptable form of settlement agreement. Signatories agree, however, that execution of a settlement agreement is not a condition precedent. to the implementation of temporary/interim rates pursuant to Pazagraph 2 or the filing of statements of intent pursuant to Pazagraph 14. 17. Nothing in this Term Sheet affects the Company's right to bond rates under PURR § 36.110, If temporazy/interim rates aze:appzbved as contemplated in Paragraph 2, the Company agrees that it will abate its Notice of Intent to Implement Rates Under Bond and Requestfor Approval of Bond, filed December 5, 200$. 18. Ttris term sheet is not effective unless executed by ail Signatories below. Executed as shown belaw: Dated this ~~~~ day of December, 2008. 6 ~ 7 Appendix A Page 8 of 16 THE COMMUNITY ASSOCIATIONS OF THE WOUDLAND3 By: K leen E. Magruder Date; December/~ 2008 ENTERGY TEXAS, INC. By: John Williams Date:- December ~ 2008 EN'I'ERGY TEXAS, INC. SERVICE AREA CITIES' STEERING COMMITTEE Bv: Daniel J. Lawton Date: December~2008 THE HItOGER CO. sy: Kurt Boehnr Date: December , 2008 ORFICE OF PUBLIC UTILITY COUNSEL . By: Sara J. Ferris pate: December , 2008 8 Appendix A Page 9 of 16 THE COMMUNITYASSOCIAT'IONS OF THE WOODLANDS i By: Kathleen E. Magruder Date:. December ~ 2008 ELATE Y TEXAS, INC. B~;. John Wi ' Date: D r/G 2008 ENTERGY TEXAS, INC. SERVICE AREA CITIES' STEERING COMMITTEE By: Daniel J. Lawton. Date: December _, 2008 - KROGER CO, . ~O wi~~ rwY v31~1o.1c, BY: O Kurt B te: December _, 2008 OFFICE OF PUBLIC UTILITY COUNSEL By: Sara J. Ferris Date: December ~ 2008 ~ 9 - Appendix A ' ~ ~ Page 10 of 16 THE COMMUNITY AS50CIATIONS OF THE WOODLANDS sy: . Kailileen F.. Magruder Date: December-, 2008 . ENTERCY TERAS; INC: By: John Williams - Date: December_,2008 ENTERGY TEXA5, INC..SERV E AREA CTTIFS' STEERING COMMTTTEE gY~ Daniel I. Lawton 4~ 6rG4/~ o ~ `~'~=rS .5{'r"~r:ns Cw~..,~ ~f~~ s'J~ ref- to Alex Ca~nc; l 4P p re va (, Date: December 2008 THE ICROGER CO. sy: Kurt Boehm Daie: December-~ 2008 OFFICE OF PUBLIC UTILITY COUNSEL ay: Sam J. Ferris Date: December , 2008 7 10 Appendix A Page 1 t of 16 THE corrni~nvlTY AssoCIATIOxs of THE wooDLANDs By: Kattileen E. Magruder Date:' December,-, 2008 ENTERGY TEXAS, INC. Br- Jahn Williams Date: December---, 2008 ENTERGY TEXAS, INC.. SERVICE AREA CITIES' STEERING COMNIIT`PEE By. Daniel 7. Lawton Date: December _, 2008. THE KROGER CO. Br. Kurt Boehm Date: December_,2008 OFFICE OF PUBLIC UTYI.ITY COUNSEL By. Sara J. Ferr Date: December_,2008 ~/. 11 Appendix A Page 12 of 16 STAFF 6F BL COMIVIISSION OF TEXAS BY~ i D~te: December 2008 .STATE OF-TEXAS By: . Susan M. Kelley ' Date: December-, 2008 TEXAS INDUSTRIAL ENERGY CONSUMERS By: Rex VanMiddlesworth Date: December _, 2008 TEXAS-LEGAL SERVICES CENTER. By: Randall Chapman Date: December-, 2008 TEXAS RATEPAYERS' ORGANIZATION TO SAVE ENERGY By: Carol Bfedrzyclti Date: December _, 2008 8 12 . ~. i ApperldixA ~ • Page 73 of 76 STAFF OF THE PUBLIC i7T1IdTI' C011'illfISSION OF TEXAS . . i Tom Huntts --- -----_...- ---- - Date: December ~ 2008 STATE O TEXAS - By: fG~JLC - p~( : -'~ Susan .Kelley 7~' c~U1, ; ~ /~V iJJ ~y ~ ~ ,, "_, `(/ v OAG ~x~cv~?~e ./~,ai~n~sfm7`cck Date: December, 2008 TEXAS INDUSTRIAL ENERGY CONSUMERS' By. Rex VanMiddlesworth Date: December ~ 2008 i • i TEXAS LEGAL SERVICES CENTER' By: Randall Chapman . Date: Decetnber~2068 TEXAS RATEPAYERS' ORGANTLATION TO'SAVE ENERGY By: Carol Biedreycld Date: December _,2008 g ' 13 Appendix A Page 14 of i6 STAFF OF THE PUBLIC UTILTI'Y COMNIISSION OF TEXAS By: ' Tom Hunter Date: December ~ 2008 STATE OF TEXAS By: _ Susan Nl. Kelley Date: December ~ 2008 TEXAS INDUSTRIAL ENERGY $y; ~ ~/evwuaioi+ 'ddlesworth Date: December lG 2008 TEXAS LEGAL SERVICES CENTER 11 pman Date: December ~ fy 2008 TEXAS RATEPAYERS' ORGANI7.ATION TO SAVE ENERGY By; ~ ~r.wala+ yc d Date: December 2008 8 14 _ Appendix A Page 15 of96 TX ENERGY, LLC By: ' Phillip Oldham .Date: December~2008 ' WAL-MART STO/RES TEXAS, LLC Br ..Eric 7. Kra~ihwal ] ! Ceunrel -for W~4(.'MART TiORCS T~(RS~ tL C Date: December- ~ 2008 - 15 9 ENTERGY GULF STATES, INC. ' REVENUE SUMMARY ' FOR THE TW ELVE MONTHS ENDING MARCIi 37, 2007 Line Preaenl Base Rate Preaem IPCR Present F l Total P e Proposed Pro{wse0 Proposed Total Change To Total Cheops 7o Bess No. Role Class Revenue Revenue ue Revenue (1) res nt Revenue Sese Rate Revenue RCE Revahue. .Fuel Revenue ~ Proposed Revenue Tofel Revenue Pmcent Beae ~ Revenue Percer8 Chenae (a) (b) (c) (d) (e) (tl (9) ~ (h) (il G) (k) p1 (m) 7 Realdentlel Servka, $ 238,119,749 E 8,590,329 $ 329,221,870 S 673,937,948 $ 264,719,424 S 7,169,738 $ 378,227,870 S 596,100,432 $ 27,156,484 3.89% $ 28,599,876 1217% 2 Sma9 Gererel Sevice $ 17,&10,829 $. . 433.408 $ 17,302,891 E 35,278,928 $ 17,859,393 $ 78,397 $ 17,302,691 E 35,200,481 S (38,447) -0.10% S 318,585 1b2% 9 General SeMce S 104,584,851 S 3,820,335 $ 191,638,481 $ 300,053,487 $ 715,830,844 $ ' fi06,850 $ 191,538,481 E 907,874,876 $ 7,821,608 2.64% 5 11,036,993 10.88% 4 Large Gererel3erviw E 31,277,204 E 1,286,030 S 81A43,412 E 114,00$,688 $ 34,479,067 S ~ 452,038 S 81,443,412 S 118,079,b05 E 2,087,818 1.81% $ 9,200,819 10.29% 6' Larpe lndueMal Power Servk $ 81,428.788 S 4,223,327 E 287,948,385 S 373,801,478 $ 84,130,329 E 388,585 S 287,949,385 S 372,448,279 S (1,163,206) -0.91% $ 2,701,SS7 3.3Z% e Llghtlng Service E 8.235,888 $ ~ 69.349 E 4.785757 ; 11.051.094 $ 7.058,9&5 $ 31,075 $ 4 785 757 ~ 863 S 11 737 S 802549 ZB% $~ 830 7 877 x 19 . . , , . . _ % 7 Total Retail S 477,197,208 ; 18,511,778 S 812,221.678 S 7;407,930,801 S 529,884,806 $ 2,285,027 'S 812.221.679 ~ E, 1.498.401,403 S 90,470,802 218% S 48.887,580 9.78% (1) Can4ws8e fuel Fedor (Source: WP/O-7/RD-1) app6ad to Pr99ent fuel rovonue. Nds: In desgning rotes the base revenue ter0et far GS, LGS 8 LIPS will be increased by $32,806, $39,705 8 5447,367 respac5voly to re8ed Iha oonespondlri9 reduotkn In AFC revenues. ' ~ ~ m c~ ~°m y ~ gg D d m m ~.~ y. ~ 3 r a~~ DOCKET NO. APPLICATION OF ENTERGY § TEXAS, INC. FOR AUTHORITY TO § CHANGE RATES § ENTERGY TEXAS, INC.'S STATEMENT OF INTENT TO CHANGE RATES TO THE MUNICIPALITIES EXERCISING ORIGINAL JURISDICTION: Pursuant to Sections 33.001 and 36.101 through 36.111 of the Public Utility Regulatory Act ("PURR"),' Entergy Texas, Inc. ("ETI" or "Company") respectfully requests that the municipalities: (1) approve the attached base rate tariffs and a rider designed to collect a total non-fuel revenue requirement, for the Texas retail jurisdiction, of $523.9 milliori`-plus- certain rate case expenses and changes in additional .facilities charges;Z and (2) approve the other provisions of a Settlement Term Sheet executed in Public Utility Commission of Texas ('DUCT") Docket No. 34800 and attached hereto as Appendix A. In support of these requests, ETI states: L. Parties and Jurisdiction 1. ETI is .an electric utility, .a public utility, and a utility as those terms are defined iri-PURR §§ 17.004(1) and 31.002(6). 2. ETl serves approximately 387,000 retail customers in Texas. 3. ETI's business address is 350 Pine Street, Beaumont, Texas 77701. Its mailing address is P.O. Box 2951, Beaumont, Texas 77704-2951. Its telephone ' Tex. Urn: CODE ANN. Title 2. a As noted in Attachment A to-the Settlement Term Sheet, in designing rates the base revenue target for GS, LGS 8 LIPS will be Increased by $32,605, $39,705 & $447,357 respectively to reflect the corresponding reduction io AFC revenues. - 1 number is (409) 838-6631. ETI's regulatory affairs office in Austin, Texas is located at 919 Congress Avenue,. Suite 840, Austin, Texas 78701, telephone number (512) 487-3999, facsimile number (512) 487-3998. 4. ETI is a wholly owned subsidiary of Entergy Corporation ("Entergy"), which is a "holding company" pursuant to Federal Energy Regulatory Commission ("FERC") regulations under the Public Utility Holding Company Act of 2005.3 In addition to ETI, Entergy is the parent company of six other rate-regulated utilities in the United States,° two non-profit service companies that were established under the authority of the, Securities and Exchange Commission, but are now under the oversight of the FERC s and various other domestic and foreign companies. Entergy's domestic rate regulated utility operating companies ("Entergy OPerating Companies" or "operating companies") operate an. interconnected transmission and generation system governed by the Entergy System Agreement and associated Service Schedules MSS-1 through MSS-7,6 which are under. FERC jurisdiction. 5. This Application affects approximately 164,000_ ETL Texas .retail electric customers residing within.the corporate limits of the following municipalities:.. Beaumont,. Bridge City, Conroe, Groves, Houston, Huntsville, Navasota, Nederland, Orange, Pine Forest, Pinehurst, Port Arthur, Port Neches, Rose. City, Shenandoah, Silsbee, Sour Lake, Vidor, and-West Orange. . 18 C.F:R. Part 366. ° Entergy grkansas, Inc.; Entergy Louisiana, LLC; Entergy Mississippi, Inc.; Entergy New Orleans,-.Inc.; Entergy.Gulf States Louisiana, L.L.C. and System Energy Resources, Inc. ("SERI"): SERI owns the Grand Gulf nuclear plant and sells Its output exclusively to Entergy Operating Companies other than ETI. a Entergy Services, Inc. and Entergy Operations, Inc. e MSS-i is the tariff for equalizing the operating wmpanies' generating capability and ownership cost incidental to such capability. MSS-2 is the tarff for equalizing the operating companies' investment in bulk transmission plant. MSS-3 is the tariff governing the exchange of electric energy among the operating companies, MSS-4 is the tariff governing unit power purchases between opera8ng.companies. MSS-5 is the tariff that distributes profits from sales of energy and power to unaffiliated cempanies for the joint account of alf operating companies. MSS-6 is the tariff that provides a means to distribute the cost of the system operatidns center (the system dispatch center). MSS-7 is the tariff providing a procedure for .protecting those operating companies that elect to participate therein from Incurring higher fuel and . purchased power costs as a result oYthe merger between Entergy Corporation and Gulf States Utilities. Company. ~ :; r. :~ 2 6. The effective date of the rate change is for bills rendered on and after January 28, 2009 for usage on and after December 19, 2008. 7. These municipalities have exclusive original. jurisdiction over this Application for service provided to customers within their respective corporate limits. PURR §§ 33.001 and 36.101 through 36.111. II. .Authorized Representative, Counsel, and Designation of Service Location 8. ETI's authorized representative is Mr. Jack Blakley, Vice President, Regulatory Affairs-Texas, who maybe contacted at ETI`s regulatory affairs office in Austin (address and telephone and facsimile numbers listed in ¶ 9). 9. ETI's co-lead counsels are: Steven Neinast John F. Williams ..Assistant General Counsel Jay Breedveld Ehtergy Services, Inc. Clark; Thomas & Winters, 919 Congress Avenue, Suite 701 A Professional Corporation . Austin, Texas 78701 300 W. 6"' Street, 15"' Floor (512) 487-3957 telephone P.O. Box 1 T48 (512) 487-3958 facsimile- Austin, Texas 78767 (512) 472-8800 telephone (512) 474-1129 facsimile 10. ETI requests. that the municipalities and the parties serve all papers (orders, discovery, motions, etc.) regarding this Application on Mr. Neinast's office, as listed in the previous paragraph. III. Notice 11. ETI will provide notice in accordance with PURR § :36.103. The proposed notice is provided as Appendix B. IV. Early Effective Date of Rate Change 12. Pursuant to PURR § 36.104, there is .good cause. to allow ETF to implement new rates earlier than the 35~1ay period prescribed in PURR § 36:102. ETI's request in this proceeding- does .not constitute a major rate change, and -good cause 3 exists because the requested rates constitute a rate reduction for all customers except the lighting class. , V. Proposed Tariffs 13. ETI's proposed revisions to its tariffs are provided as Appendix C. VI. Summary of Filing 14. The- Settlement Term Sheet attached as Appendix A provides a description of ETl's request to change base rates and proposed rider. The Settlement Term.. Sheet specfies the classes affected, cost allocation and rate design. The Settlement Term Sheet also includes a provision for the recovery bf rate case expenses incurred• in prosecuting PUCT Docket No. 34800. 15. The rates last approved by the municipality, which result in a two-step rate increase, have not yet been implemented by ETI. The Company proposes that the rates requested in this Application be approved and implemented in lieu of the rates last approved by the municipality. As shown in the chart below,. the rates proposed in this Application are lower than thetwo-step rate increase last approved by the municipality. Step 1 .Present Proposed Line Rates Rates (Reduction) No: Rate Class Total Retail Total Retail Increase 1 Residential Service $260,606,825 $265,878,562 $ 5,271,737 2 Small General Service $ 19,283,674 $ 17,937,790 $ (1,345,881) 3 General Service $115,935,319 $116,169,099 $ 233,780 4 Large General Service $ 34,934,652 $ 34,669,798 $ (264,854) Large Industrial Power 5 Service $ 93,676,864 $64,946,265 $ (8,730,599) 7 Lighting Service $ 6.840,310 $ 7.097.980 _ $ 257.670 8 Total Retail $531,277,641 $526,699,494 $ (4,578,147) I -0.86% 4 Step 2 Present Line Rates No. Rate Class Total Retail 1 Residential Service $268,963,447 2 Small General Service $ 19,905,680 3 General Service $119,648,970 4 Large General Service $ 36,045,490 Large Industrial Power 5 Service $ 96,627,687 7 Lighting Service $ 7.063.685 8 Total Retail $548,274,959 Proposed Rates Total Retail $265,878,562 $ 17,937,790 $116,169,099 $ 34,669,798 $ 84,94.6,265 $ 7,097.980 $526,699,494 (Reduction) Increase $ (3,104,885) $ (1,967,890) $ (3,479,871) $ (1,375,692) $(11,681,422) $ 34.295 $(21,575,465) -3.94% VII: Conclusion and Prayer for Relief For the reasons .set out in this Application and the accompanying- Settlement Term Sheet, ETI requests that the municipalities (1) grant the relief requested in this Application and (2) grant ETI such other relief that it is entitled to. receive under the law, equity, and the circumstances of this proceeding. Dated: December 19, 2008. 5 Respectfully submitted, Steven Neinast Assistant General Counsel ENTERGY SERVICES, INC. 919 Congress Avenue, Suite 701 Austin, Texas 78701 (512) 487-3957 telephone (512) 487-3958 facsimile CLARK, THOMAS & WINTERS, A Professional. Corporation 300 W. 6~' Street, 15"' Floor P.O. Box 1148 .Austin, Texas 78767-1148 (512) 472-8800 telephone (512) 474-1129 facsimile John F. Williams Jay Breedveld By: even Neinasf Attorneys for ENTERGY TEXAS, INC. Appendix B -Page 1 of 2 NOTICE OF RATE CHANGE REQUEST On December 19, 2008, Entergy Texas, Inc. ("Entergy Texas") filed its STATEMENT OF INTENT TO CHANGE RATES ("Application"). Entergy Texas files its Application with certain municipal authorities in the service territory that have original jurisdiction over Entergy Texas' electric rates: Beaumont; Bridge City,. Conroe; Groves, Houston, Huntsville, Navasota, Nederland, Orange, Pine Forest, Pinehurst, Port Arthur, Port Neches, Rose City, Shenandoah, Silsbee, Sour Lake, Victor, and West Orange. In its Application, Entergy Texas is, among other things, proposing a decrease in base rates (the part of the rates not including fuel costs or riders) for its retail customers compared to a iwo-step rate increase recertly approved by the municipalities.. The Application is made pursuant to` a settlement agreement reached among parties, including the nineteen municipalities .mentioned above, before the Public Utility Commission of Texas ("Commission") in Docket No. 34800. Entergy Texas' filing-also requests approval of a rate rider to recover certain rate case expenses associated with Commission Docket No. 34800. The effective date of the rate change is for bills rendered on and after January 28, 2009 for usage on and after December 19, 2008. Approximately 164,000 customers receiving retail electric service from- Entergy Texas that reside within the corporate limits. of the listed municipalities will be affected by the proposed changes contained in the Application. The table below shows change in revenues and the allocation of the proposed revenues to customer classes as compared to the two-step rate increase recently approved by the municipalities. Persons with questions or who want more information on this filing may contact Entergy Texas at Entergy Texas, Inc., Attn: Customer Service-2007 Rate Case, 350 Pihe Street, Beaumont, Texas 77701, or call [1-800-368-3749 (select option 1, then press 0, then press 4)] during normal business hours. A complete copy of this application is available for inspection at the address listed above. Persons who wish to intervene in or comment upon these proceedings should notify the respective municipality in which they reside. Appendix B Page 2 of 2 Step 1 Present Proposed. Line Rates Rates (Reduction) No. Rate Class Total Retail Total Retail Increase 1 Residential Service $260,606,825 $265,878,562 $ 5,271,737 2 Small General Service $ 19,283,671 $ 17,937,790 $ (1,345,881) 3 General Service $115,935,319 $116,169,099 $ 233,780 4 Large General Service, $ 34,934,652 $ 34,669,798 $ (264,854) _ Large Industrial Power 5 Service $ 93,676,864 $ 84,946,265 $ (8,730,599) 7 Lighting Service $ 6.840,310 $ 7,097,980 $ 257.670 8 Total Retail $531,277,641 $526,699,494 $ (4,578,147) -0.86% Step 2 Present Proposed Line Rates Rates (Reduction) No. Rate Class Total Retail Total Retail Increase 1 Residential Service $268,983,447 $265,878,562 $ (3,104,885) 2 Small General Service $ 19,90b,680 $ 17,937,790 $ (1,967,890) 3 General Service $119,648,970 $116,169,099 $ (3,479,871) 4 Large General Service $ 36,045,490 $ 34,669,798 $ (1,375,692) Large Industrial Power 5 Service $ 96,627,687 $ 84,946,265 $(1.1,681,-422) 7 Lighting Service. $ 7.063.685 $ 7,097,980 $ 34,295 8 Total Retail $548,274,959 $526,699,494 $(21,575,465) -3.94% 1~I'1'~NDIX C TARI~~S ON ~II,~ IN THE CITY S~CR~TARY'S O~~IC~ AVAIhABI,~ UPON R~QU~ST APPENDIX C TARIFFS TABLE OF CONTENTS Section Description of Utility Operation Cities Served Rate Schedules III Rules and Regulations IV SECTION I DESCRIPTION OF UTILITY OPERATION ENTERGY TEXAS, INC. Electric Service DESCRIPTION OF UTILITY OPERATION Sheet No.: 1 Effective Date: 1-28-09 Revision No.: 4 Supersedes: Revision Effective 12-18-98 Schedule Consists of : One Sheet Gulf States Utilities Company was incorporated in 1925, under the laws of the State of Texas and later merged to form Entergy Gulf States, Inc. On December 31, 2007, Entergy Gulf States, Inc. completed a business reorganization that separated its Texas and Louisiana operations. Entergy Texas, Inc. is the resulting utility and is engaged principally in the business of generating electric energy and transmitting, distributing and retailing such energy in Southeastern Texas, principally in the coastal area and including the cities of Beaumont, Port Arthur, Orange and Conroe, Texas. The Company also sells electric energy at wholesale. The Company's electric system is interconnected, and interconnections with other utilities. are maintained for the exchange of power. The Company's service area is a major producer of oil, gas, sulfur, refined products, chemicals, petrochemicals, steel products, oil tools and related manufacturing, processing and servicing activities. Paper, cement, building materials, cotton, rice and cattle are. also important products of the service area. It is characterized by a favorable year-round climate and ready access to air, land and water transportation, The accounting records of the Company are maintained in accordance with the Uniform System of Accounts as prescribed by the Federal Energy Regulatory Commission, and adopted by the Public Utility Commission of Texas. T T T T T T T T T T T T ~T SECTION II CITIES SERVED ENTERGY GULF STATES, INC. Electric Service CITIES SERVED an Ames Anahuac Anderson Beaumont Bedias Bevil Oaks Bremond Bridge City Caldwell Calvert Chester China Cleveland Colmesneil Conroe Corrigan Cut & Shoot Daisetta Dayton Devers Franklin Groves Groveton Hardin Hearne Houston Huntsville Kosse Kountze Liberty Lumberton Madisonville Midway Montgomery Navasota Nederland New Waverly Nome Normangee North Cleveland. Oak Ridge North Orange Panorama Village Patton Village Pine Forest Pinehurst Plum Grove COUNTY Liberty Chambers Grimes Jefferson Grimes Jefferson Robertson Orange Burleson Robertson Tyler Jefferson Liberty Tyler Montgomery Polk Montgomery Liberty Liberty Liberty Robertson Jefferson Trinity Liberty Robertson Harris Walker Limestone Hardin Liberty Hardin Madison Madison Montgomery Grimes Jefferson Walker Jefferson Leon Liberty Montgomery Orange Montgomery Montgomery Orange Orange Liberty Sheet No.: 1 Effective Date: 1-28-09 Revision: 5 Supersedes: Revision Effective 3-22-91 Schedule Consists of: One Sheet cITY Port Arthur Port Neches Riverside -Roman Forest Rose City Rose Hill Acres Shenandoah Shepherd Silsbee Somerville Sour Lake Splendora Taylors Landing Todd Mission Trihity Vidor West Orange Willis Woodbranch Village Woodloch Woodville COUNTY Jefferson Jefferson Walker Montgomery Orange Hardin Montgmery San Jacinto Hardin Burleson Hardin. Montgomery Jefferson Grimes Trinity Orange Orange Montgomery Montgomery Montgomery Tyler T SECTION tll RATE SCHEDULES ENTERGY TEXAS, INC. Sheet No.: 1 Electric Service Effective Date: 1-28-09 Revision: 32 Supersedes: Index Effective 1-30-OS INDEX TO RATE SCHEDULES Schedule Consists of: One Sheet Schedule Description. Paae No. 2 RS Residential Service 3 RS-TOD Residential Service -Time of Day ~D`T RLU 'Residential Street Lighting Service 5 SGS .Small General Service 6 = UMS Unmetered Services ~ GS General Service 8 GS-TOD General Service - Time of Day 9 _ SMC Special Minimum Charge Rider to SchedulesSGS; GS and LGS 10 ~D - IHE Rider for Institutions of Higher Education 11 = LGS Large Geheral Service 12 LGS-TOD Large General Service -Time of Day 13 ~D LIPS Large Industrial Power Service 14 LIPS-TOD Large Industrial Power Service -Time of Day 15 IS 'Rider to Schedules LPS and HLFS for Interruptible Service 16 T._ ~ PPS OptionaF Riderto Schedule LIPS for Pipeline Pumping Service , PM Rider to LIPS for Planned Maintenance 17 1 g ~D SSTS "Supplemental Short Term Service 19 EAPS "Economic As-Available Power Service 20 TSS Traffic Signal Service 21 SHL Street and Highway Lighting Service 22 ALS Area Lighting Service 23 LS-E `Lighting Service to Existing Installations Only 24 ~D MES Miscellaneous Electric Service Charges MRS Bimonthly Meter Reading and Billing Applicable to all Schedules of Rates 26 AFC Additional Facilities Charge Rider 2~ SC Rider for Solar Heat Collecting System 28 FF Fixed Fuel Factor and Loss Multipliers Rate for Purchases from Qualifying Facilities Less Than or Equal to 100 KW 3o ~ D SOF LQF Nonfirm Energy Purchased from Large Qualifying Facilities SMS Standby and Maintenance Service 31 32 NUS Rider for New/Unbundled Services Plan 33 IPODG Interconnection and Parallel Operation of Distributed Generation 34 ~D FFBE Incremental Beaumont Franchise Fee Recovery Rider FFCO Incremental Conroe Franchise Fee Recovery Rider 35 FFPA Incremental Port Arthur Franchise Fee Recovery Rider 36 TTC Transition to Competition Rider 37 38 HRC Hurricane Reconstruction Costs 39 N DTK DataLink Web Based Access to Interval Load Data Rider EECRF Energy Efficiency Cost Recovery Factor - 40 41 N DPBF Rider for Distribution of Pubfic Benefit Funds 42 N RCE Rate Case Expense Rider 'Closed to New Business "Experimental Tariff e, SECTION III RATE SCHEDULES Page 2.1 ENTERGY TEXAS; INC. Sheet No.: 2 Electric Service Effective Date: 1-28-09 Revision: 18 Supersedes: RS Effective 8-6-01 SCHEDULE RS Schedule Consists of: One Sheet RESIDENTIAL SERVICE APPLICABILITY' This rate is applicable under the regular terms and conditions of the Company for all domestic purposes in sirigle family residences or individual apartments. This rate is not applicable to service for common facilities at apartments and other multi-dwelling units. Service will be single-phase except that three-phase service. may be rendered . hereunder, at Company's option, where such service is available. Where a Customer has more than one meter, each meter shall be billed separately. The Customer shall not resell any energy purchased under this rate schedule. Standby, maintenance, or supplemental service is not applicable hereunder except in connection with a contract for service pursuant to the Company's tariff for Interconnection and Parallel Operation of Distributed Generation (IPODG). For customers receiving service pursuant to IPODG and also requesting service under the Standby and Maintenance Service Rider, Schedule SMS, the Billing Demand as defined in SMS will be the nameplate kW rating as shown on the customer's generating unit or.the sum of such ratings if there are multiple units. NET MONTHLY BILL ~I A. Customer Charge 54.57 per month B. Energy Charge All kWh Used $0.04894 per kWh' ~ I, T Except that in the Billing Months of Novemberthrough April, all kWh used in I I, T excess of 1,000 kWh will be billed at $0.03232. per kWh'. 'Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. T C. Minimum Charge The Minimum Monthly Charge will be the Customer Charge. SECTION III RATE SCHEDULES Page 3.1 ENTERGY TEXAS, INC. Sheet No.: 5 Electric Service Effective Date: 1-28-09 Revision: 10 Supersedes: RS-TOD Effective 8-6-01 SCHEDULE RS-TOD Schedule Consists of: One Sheet RESIDENTIAL SERVICE - TIME OF DAY I. AVAILABILITY AND MINIMUM TERM OF SERVICE This rate is applicable on a voluntary basis under the regular terms and conditions of the Company for all domestic purposes in single family residences or individual apartments who qualify for service under Schedule RS. Where a Customer has more than one meter, each meter will be billed separately. The Customer shall not resell any energy purchased under this rate schedule. Standby, maintenance, or supplemental service is not applicable hereunder except in connection with a contract for service pursuant to the Company's tariff for Interconnection and Parallel Operation of Distributed Generation (IPODG). For customers receiving service pursuant to IPODG and also requesting service under the Standby and Maintenance Service Rider, Schedule SMS, the Billing Demand as defined in SMS will be the nameplate kW rating as shown on the customer's generating unit or the sum of such ratings if there are multiple units. Service under this rate is subject to the availabilil cable prate sc hedueenateany time. Customer may request transfer to another app However, if Customer opts to transfer to another rate schedule within one year of the time of initial service under this rate, crate-transfer charge of $30 will be payable by Customer. II. NET MONTHLY BILL $4.57 per month I I A. Customer Charge 8. Energy Charge All On-peak kWh Used. All Off-peak kWh Used. `Plus the Fixed Fuel Fa Billing Months of May -October November -April I I, T $0.11409 per kWh" $0.07499 per kWh` I, T $0.01955 per kWh` $0.01955 per kWh` IT ctor per Schedule FF and all applicable riders. C. Minimum Charge Minimum Monthly Charge will be the Customer Charge. III. ON-PEAK HOURS AND OFF-PEAK HOURS Summer: On-peak hours, for purposes of this schedule, are 1:00 p.m. to 9:00 p.m. Monday through Friday, except that Memorial Day,. Labor Day and Independence Day (July 4 or nearest weekday if July 4 is on a weekend) are not on-peak. Winter: On-peak hours, for purposes of this schedule,. are 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m. Monday through Friday, except that Thanksgiving Day, Christmas Day and New Year's Day (or the nearest weekday if the holiday should fall on a weekend) are not on-peak. (Continued on reverse swe7 Page 3.2 Off-peak hours, for purposes of this schedule, are all hours of the year not specified as on-peak hours. Company at its sole discretion can change the on-peak hours and season from time to time. SCHEDULE RS-TOD SECTION'lll RATE SCHEDULES Page 4.1 ENTERGY TEXAS, INC. Sheet No.: 6 Electric Service EffectiveDate: 1-28-09 Revision: 15 Supersedes: RLU Effective 3-t-99 SCHEDULE RLU Schedule Consists of: One Sheet RESIDENTIAL STREET LIGHTING SERVICE I C (CLOSED TO NEW BUSINESS) APPLICABILITY This Schedule RLU is applicable under the regular terms and conditions of the Company T only to Customers receiving service under a regular rate schedule in a subdivision where C service under RLU was being provided prior to the effective date above. No new contracts for RLU service may be executed after the effective date above but Company will honor existing contracts. -Such subdivision must contain four or more Customers (or potential Customers) per street light. When amunicipality, state government, federal govemment, or some agency thereof contracts to pay under standard street lighting rates, for the service rendered hereunder, -then at such time the charges specified hereunder will terminate for the affected services. II. MODIFICATION OF REGULAR RATE SCHEDULE The net monthly bill will be computed under the regular schedule except that an additional charge per month per Customer will apply as follows: Lamo Tvoe and Size Monthly kWh Lamp Only Code Lamo + Pole Code T 100 Watt High Pressure Sodium 9.6 $1.59` 190 $2.41' 195 T,I ' Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. ~ T III. GENERAL PROVISIONS For the rate set forth in § II above, Company will furnish, install, maintain and supply ~ T overhead service to streetlights on existing wood pales. The spacing between lights will be approximately 200 feet. Where additional facilities are required above those set forth above, the contracting party (developer, association, etc.) will pay, in advance of installation, the estimated cost of such facilities. SECTION III RATE SCHEDULE ENTERGY TEXAS, INC. Sheet No.: 7 Electric Service Effective Date: 1-28-09 Revision: 17 Supersedes: SGS Effective 3-1-99 SCHEDULE SGS Schedule Consists of: One Sheet. Page 5.1 SMALL GENERAL SERVICE APPLICABILITY This rate is applicable under the regular terms and conditioris of the Company to the total lighting and power service of any Customer using 20 kW or less of demand. Where a Customer has more than one meter, each meter shall be billed separately. NET MONTHLY BILL A. Customer Charge $8.12 per month ,.~ I B. Energy Charge All kWh used: 50.05484-per kWh" ~ I, T 'Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. ~ T C. Minimum Charge Minimum monthly charge will be the Customer Charge. IV V ESTIMATION OF MAXIMUM DEMAND Expelled demand will be the sum of the kVA ratings of all equipment expected to operate simultaneously, including lighting and air conditioning.. Where ratings-are in hp and not kVA, the conversion factor will be considered 413 hp per kVA. Duplicate equipment, connected to double throw switch with regular equipment, preventing simultaneous operation, will not be considered unless larger than the regular equipment, in which case the larger equipment will be considered in lieu of the normal equipment. PHASE AND VOLTAGE OF SERVICE Service under this rate schedule will be rendered at the Company's standard sewndary phase and voltage available at the point of service. Where additional facilities are required, additional charges-may be necessary. METERING Customer's wiring must terminate at a common metering. point in order that service will be measured by a single metering installation as required in § I. ~ T (Continued on reverse side) Page 5.2 VI. USE OF SERVICE Electric service furnished under this rate shall not be used. by the Customer as an auxiliary or supplementary service to engines or other prime movers, or to any other source of power. Customers shall not sub-meter and resell any energy purchased under this rate. VII. AMOUNT DUE AND PAYMENT The past due amount for service fumished for which payment is not made within sixteen I T (16) days of the billing date shall be the monthly bill, including all adjustments under the rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and. applicable riders, shall apply. If providing service to the state of Texas, Company shall not C assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULESGS ; SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Sheet No.: 8 Electric Service Effective Date: 1-28-09 Revision: 15 Supersedes: UMS Effective 3-1-99 SCHEDULE UMS Schedule Consists of: One Sheet UNMETERED SERVICES Page 6,1 APPLICABILITY This rate is applicable under the regular terms and conditions- of the Company to Customers who contract with Company far unmetered electric service for billboards; unmetered telephone services, telephone booths, railroad signals, cathodic units, traffic cameras, WiFi equipment, community antenna systems utilizirig pole mounted power supplies, amplifiers and related incidental equipment, hereinafter referred to as equipment, or other such equipment to which the Company, in its sole discretion, deems this schedule applicable. Each point of service will be billed separately. NET MONTHLY BILL A. Customer Charge $6.95 per month B. Energy Charge All kWh used: $0.05484 per kWh' `Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. C. Minimum Charge Minimum monthly charge will be the Customer Charge. DETERMINATION OF ENERGY REQUIREMENT A. Initial Inventory Customer must enter into a contract for service under this Schedule. UMS. Attachment A to such contrail shall be a Customer provided, written inventory of all equipment at each point of service requested, including the type and nameplate rating for each piece of equipment. -The billing energy for each point of service will be determined by the Company's estimation of the kWh usage based on the type, rating, and quantity of the equipment from the inventory provided by Customer. B. Updating Inventory Customer will update its inventory by informing the Company in writing of changes in type, rating and/or quantity of equipment as such changes occur, and billings will be adjusted accordingly. Upon Company's request, but no later than the anniversary date on which Customer first takes service under this Rider, Customer shall provide an updated inventory of all equipment at each point of service. T ~I T,I IT ~C C (Continued on reverse side) Page 6.2 C. Test Metering Company may, at its discretion, test meter the load of various types and ratings of Customer's equipment. to the extent necessary to verify the estimated kWh usage used for billing purposes and, where dictated by such test metering, Company will make prospective adjustments in estimated usage for subsequent billing purposes; however, Company shall be under no obligation to test meter the load of Customer's equipment and Company's decision not to test meter the load of Customer's equipment shall not release Customer from the obligation to provide to Company, and to update, an accurate inventory of the types, ratings, and quantities of equipment upon which billing is based. D. Inspection Company shall endeavor to inspect the equipment at each point of service annually as close to the anniversary date of the contract as is practical, and make prospective adjustments in billing as indicated. by such inspections; however, Company shall be under no obligation to conduct such inspections for the purpose of determining accuracy of billing or otherwise. Company's decision not to conduct such inspections shall not release Customer from the obligations to provide to Company, and to update, an accurate inventory of the types, ratings, and. quantities of equipment upon which billing is based. C E. Billing for Service As this service is unmetered, Customer agrees to pay amounts billed in C accordance with the current inventory, regardless of whether any of the installations of Customer's equipment were electrically operable during the period in questiori and regardless of the cause of such equipment's failure to operate. IV. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made withirr sixteen ~ T (16) days of the billing date shall be the monthly bill, including all adjustments under the rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and C applicable riders, shall apply. If providing service to the state of Texas, Company shall not assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULE UMS SECTION III RATE SCHEDULES Page 7.1 ENTERGY TEXAS, INC. Sheet No.: 9 Electric Service Effective Date: 1-28-09 Revision: 14 Supersedes: GS Effective 3-1-99 SCHEDULE GS Schedule Consists of: Two Sheets GENERAL SERVICE I. APPLICABILITY This rate is applicable under the regular terms and conditions of the Company to Customers who contract for not less than 5 kW or not more than 2,500 kW of electric service to be used for general lighting and power. II. NET MONTHLY BILL A. Customer Charge $37.15 per month ~ I,T B. Billing Load Charge All kW per month $ 4.31 per kW ~ I C. Energy Charge All kWh used $ 0.02003 per kWh" ~ I,T 'Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. ~ T D. Delivery Voltage Adjustment The Delivery Voltage below represents the voltage of the line from which service T is delivered and metered or the voltage used in determining the facilities charge under Schedule AFC, whichever is less. When service is metered at a voltage C other than the Delivery Voltage, metered quantities will be adjusted by 1.5% for each transformation step to the Delivery Voltage. Delivery Voltage Adjustment ~ T Secondary No adjustment Primary (2.4KV-34.SKV) ($0.53) per kW of Billing Load R 69KV/138KV ($1.05) per kW of Billing Load R T E. Minimum Charge The monthly minimum charge will be the sum of the Customer Charge, the Billing Load Charge and the Delivery Voltage Adjustment. Where the installation of excessive new facilities is required or where there are special conditions affecting the service, Company may require, in the Contract, a higher minimum charge and/or Facilities Agreement pursuant to Schedule AFC, to compensate for the additional costs. (Continued. on reverse side) Page 7.2 III. METERING, PHASE AND VOLTAGE OF SERVICE Service under this rate schedule will be rendered at the Company's standard phase and voltage available at the point of service. Customer will pay a facilities charge as set forth in Schedule AFC for any applicable nonstandard or duplicative facilities. Where the Customer elects to take service at the available line voltage (greater than Secondary), metering will be installed at that voltage and Customer will receive the applicable Voltage Adjustment pursuant to § II (D) above. In such cases, Customer may elect to have Company install the necessary transformation facilitiis to provide service of a lower voltage and Customer will then pay facilities charges pursuant to Schedule AFC. At Company's option, metering may then be at Secondary and Customer's metered quantities will be adjusted pursuant to § II (D) above. ,. T Where service is of extremely fluctuating or intermittent type, Company may specify shorter intervals of load. measurement than 30-minute intervals. C IV. POWER FACTOR ADJUSTMENT Where Customer's power factor of total service supplied by Company is such that 80% of measured monthly maximum kVA used during any 30-minute interval exceeds the corresponding measured kW, Company will -use 80% of such measured maximum kVA as the number of kW for all purposes that measured maximum kW load is specified. herein. However, where Customer's power factor is regularly 80% or higher, Company may at fts option omit kVA metering equipment or remove same if previously installed. V. DETERMINATION OF BILLING LOAD The kW of Billing Load will be the greatest of the following: (A) The Customer's maximum measured 30-minute demand during any 30-minute interval of the current billing month, subject to § III, and IV above; or T (B) 50% of the first 500 kW of Contrail Power plus 75% of all additional kW of Cdntract Power as defined in § VI, or T (C) 5 kW. VI. DETERMINATION OF CONTRACT POWER Unless Company gives Customer written notice to the contrary, Highest Contract Power and Contract Power will be as defined below: Highest Contract Power -the greater of (i) the highest Billing Load established during the billing months of June through September since service to Customer began under the currently effective contract or (ii) the contracted kW specifed in the currently effective contract. Contract Power -the greater of (i) 60% of the Highest Contrail Power, or (ii) the highest load established under V (A) above during the billing months of June -September during the 12 months ending with the current month. Far the initial 12 months of Customers service, the Contract Power shall be estimated in advance from best data available and subject to adjustment for difference in actual and estimated. GS (Continued on next page) SECTION III RATE SCHEDULES Page 7.3' ENTERGY TEXAS, INC. Sheet No.: 10 Electric Service Effective Date: 1-28-09 Revision: 14 Supersedes: GS Effective 3-1-99 SCHEDULE GS (Cont.) Schedule Consists of: Two Sheets GENERAL SERVICE VII. USE OF SERVICE Electric service furnished under this rate shall not be used by Customer as an auxiliary or supplementary service to engines or other prime movers, or to any other source of power except in conjunction-with- rider for Standby and Maintenance Service. Customer shalt not. sub-meter and resell any energy purchased under this rate, except as may be specifically authorized by the appropriate regulatory authority. VIII. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen I T (16) days of the billing date shall be the monthly bill,. ihcluding all adjustments under the rate schedule and applicable riders, plus 5% of the frst $50.00 and 2% of any additional. amount of such net monthly bill above $50.00. If the amount due when rendered is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas,. Company shall C not assess a fee, penalty, interest or othercharge to the state for delinquent payment.. of a bill. SCHEDULE GS Page 8.2 E. Minimum Charge The monthly minimum will be the sum of the Customer Charge, the Billing Load Charge, and the Delivery Voltage Adjustment. Where the installation of excessive new facilities is required or where there are special conditions affecting the service, Company may require, in the Contract, a higher minimum charge andlor Facilities Agreement pursuant to Schedule AFC, to compensate for the additional costs. III. METERING, PHASE AND VOLTAGE OF SERVICE. Service under this rate schedule will be rendered at the Company's standard phase and voltage available at the point of service. Customer will pay a facilities chargeas set fdrth in Schedule AFC for any applicable nonstandard or duplicative facilities. Where Customer elects to take service at the available line voltage (greater than Secondary), metering will be installed at that voltage and Customer will receive the applicable Voltage Adjustment pursuant to § II (D) above. In such cases, Customer may elect to have Company install the necessary transformation facilities to provide service at a lower voltage and Customer will then pay facilities charges pursuant to Schedule AFC. At Company's option, metering may then be at Secondary and metered quantities will be adjusted pursuant to § II (F) above. T Where service is of extremely fluctuating or intermittent type, Company may specify shorter intervals of load measurement than 30-minute intervals. C IV. POWER FACTOR ADJUSTMENT Where Customer's powerfactor of total service supplied by Company is such that 80% of measured monthly maximum kVA used during any 30-minute interval exceeds the corresponding measured kW, Company will use 80% of such measured maximum kVA as the number of kW for all purposes that measured maximum kW load is specified herein. However, where Customer's power factor is regulady 80% or higher, Company may at its option omit kVA metering equipment or remove same if previously installed. Where monthly off-peak power factor is less than monthly on-peak power factor, for purposes of this section, such off-peak power factors will be utilized to compute the on- peak maximum kVA as discussed above. V. OFF-PEAK PROVISION In case the monthly maximum kW load occurs during an off-peak period and is also greater than the Contrail Power, such monthly maximum kW load will 6e reduced, for . purposes of § II (B) by 80% but will not be thereby reduced to a smaller number of kW T than Contract Power as defined in § VII. T Off-peak hours, for purposes of this schedule, are all hours of the year not specified as on-peak hours. Summer on-peak hours, for purposes of this schedule, are 1:00 p.m. to 9:00 p.m. Monday through Friday, except that Memorial Day, Labor Day and Independence Day (July 4 or. nearest weekday if July 4 is on a weekend) are not on-peak. Winter on-peak hours, for purposes of this schedule, are 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m, Monday through Friday, except that Thanksgiving Day, Christmas Day and New Year's Day (or the nearest weekday if the holiday should fall on a weekend) are not on-peak. SCHEDULE GS-TOD (Continued on next page) SECTION III RATE SCHEDULES Page 8.3 ENTERGY TEXAS; INC. Sheet No.: 12 Electric Service Effective Date: 1-28-09 Revision: 9 Supersedes: GS-TOD Effective 3-1-99 SCHEDULE GS-TOD (Cont.) Schedule Consists of: Two Sheets GENERAL SERVICE -TIME OF DAY Company at its sole discretion can change the on-peak hours and season from time to time. VI. DETERMINATION OF BILLING LOAD The kW of Billing Load will be the greatest of the following: A) The Customer's maximum measured 30-minute demand during any 30-minute interval of the current billing month, subject to § III, IV and V above; or T (B) 50% of the frst 500 kW of Contract Power plus 75% of all additional. kW of Contract Power as defined in § VII, or ( T (C) 5 kW. VII. .DETERMINATION OF CONTRACT.POWER Unless Company gives Customer written notice to the contrary, Highest Contract Power and Contract Power will be as defined below: Highest Contract Power -the greater of (i) the highest Billing Load since service to Customer began under the currently effective contract, or (ii) the contracted kW specified in the currently effective contract. Contract Power -the greater of (i) 60% of highest Contract Power, or (ii) the highest load established under VI (A) above during the 12 months ending with the current month. For the initial 12 months of Customer's service, the Contract Power shall be estimated in advance from best data available and subject to adjustment for difference in actual and. estimated. VIII. USE OF SERVICE Electric service furnished under this rate shall not be used by the Customer as an auxiliary or supplementary service to engines or other prime movers, or to any other source of power. Customers shall not sub-meter and resell any energy purchased under this rate except as may be specifically authorized by the appropriate regulatory authority. IX. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen (16) days of the billing date shall be the monthly bill, including all adjustments under the T rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered is paid. prior to such. date, the monthly bill, including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall not C assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULE GS-TOD SECTION III RATE SCHEDULE Page 9.1 ENTERGY TEXAS; INC. Sheet No.: 13 Electric Service Effective Date: 1-28-09 Revision: 9 Supersedes: SMC Effective 12-18-98 SCHEDULE SMC Schedule Consists of: One Sheet SPECIAL MINIMUM CHARGE RIDER TO SCHEDULES SGS, GS AND LGS I. APPLICABILITY This rider is applicable under the regular terms and conditions of the Company to • Customers served under Schedule SGS, GS or LGS for service to seasonal operations recurring annually such as the following: T • seasonally operated municipal facilities including sewage treatment plants, T, N municipally-owned seasonal athletic fields; • Municipal Utility Districts serving an incorporated city; N • churches; and, T • elementary and secondary schools (public and parochial) and state colleges and universities including the athletic fields of such educational institutions. ~ N For purposes of this rider, seasonal operations are those operations associated with agricultural products (rice, soybeans, cotton, etc.), ball parks operated by non-profit organizations, and public playgrounds. II. MODIFICATION TO REGULAR RATE SCHEDULE Section V, Determination of Billing Load, under Schedules GS and LGS is modified to the extent that Billing Load will be the actual maximum kW load of the current month but not less than 5 kW under Schedule GS and 300 kW under Schedule LGS. III. SEASONALLY OPERATED FACILITY RECONNECTIONS ~ T Seasonally operated facilities such as those described above may, upon request, T reconnect after the facility's regular seasonal operations have been completed. Such reconnections will be allowed in accordance with § A and B below. Where a portion of the service, such as lighting is on a year-round basis and not seasonally disconnected, Customer will arrange wiring so that such portion can be separately served, metered, and billed under the applicable rate schedule. A. Following a seasonal disconnect, the first reconnection of service requested in the same calendar year that the seasonal disconnect was requested will be free of charge; For each additional reconnection of service requested thereafter, in the same T calendar year, the customer will be charged a Connection Charge in accordance with § II.B of Rate Schedule MES. SECTION III. RATE SCHEDULES Page 10.1 ENTERGY TEXAS, INC. Sheet No.: 15 Electric Service Effective Date: 1-28-09 Revision: 1 Supersedes: IHE Effective 11-2-95 SCHEDULE IHE Schedule Consists of: One Sheet RIDER FOR INSTITUTIONS OF HIGHER EDUCATION APPLICABILITY This rider is applicable under the regular terms and conditions of the Company to all Customers served under any,.Yetail electric rate schedule and/or rider schedule, hereinafter referred to as the regular rate schedule(s), for electric service to any facility of any four-year state university, upper level institution, Texas State Technical College, or college, as provided for in PURR Section 36.351. ~ C II. MODIFICATION OF THE REGULAR RATE SCHEDULE(S) The monthly bill as computed, net of fuel adjustment, under the regular rate schedule(s) will be discounted by twenty (20) percent. SECTION III RATE SCHEDULES Page 11.1 ENTERGY TEXAS, INC. Sheet No.: 16 Electric Service Effective Date: 1-28-09 Revision: 10 Supersedes: LGS Effective 3-1-99 SCHEDULE LGS Schedule Consists of: Two Sheets LARGE GENERAL SERVICE I. APPLICABILITY This Schedule is applicable urider the regular terms and conditions of the Company to Customers who contract for not less than 300 kW or not more than 2,500 kW of electric service at Company's available line voltage. II. NET MONTHLY BILL Billing Item A. Customer Charge: B. Billing Load Charge: All kW C. Energy Charge: ~'~ All kWh Per Month $402.97 $ 8.12 per kW $ 0.00807 per kWh ~'~ Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. D. Delivery Voltage Adjustment IT T T,I T IT The Delivery -Voltage below represents the voltage of the line from which service is I T delivered or, if applicable, the voltage used in determining the facilities charge under T Schedule AFC. When service is metered at a voltage other than the Delivery T Voltage, metered quantities will be adjusted by 1.5% for each transformation step to T the Delivery Voltage. T Delivery Voltage Adjustment ~ T Secondary No adjustment Primary (2.4KV-34.51CV) ($0.53) per kW of Billing Load R 69KV/138KV ($1.05) per kW of Billing Load R T E. Minimum Charge The monthly minimum charge will be the sum of the Customer Charge, the Billing Load Charge, and the Delivery Voltage Adjustment. Where the installation of excessive new facilities is required or where there are special conditions affecting the service, Company may require, in the Contract, a higher minimum charge and/or Facilities Agreement pursuant to Schedule AFC, to compensate for the additional costs. (continued on reverse side) Page 11.2 III. METERING, PHASE AND VOLTAGE OF SERVICE Service under this rate schedule will be rendered at the Company's standard phase and I T voltage available at the point of service. Where the Customer elects to take service at the available line voltage (greater than Secondary), metering will be installed at that voltage and Customer will receive the applicable Voltage Adjustment per § II (D) above. In such cases, Customer may elect to have Company install the necessary transformation facilities to provide service at a lower voltage. Customer will then pay facilities charges pursuant to Schedule AFC or at the Company's option, provide such facilities at Customer's own expense. At Company's option, metering may then be at Secondary and Customer's metered quantities will be adjusted pursuant to § II (D) above. Where service is taken at multiple voltage levels and Customer requests totalizing arrangements for billing purposes, the Delivery Voltage Adjustment will be computed based upon demand, but weighted by kWh consumption at each voltage level. Where service is of extremely fluctuating or intermittent type, Company may specify shorter intervals of load measurement than 30-minute intervals. C IV. POWER FACTOR ADJUSTMENT Where Customer's power factor of total service supplied by Company is such that 85% of measured monthly maximum kVA used during any 30-minute interval exceeds the corresponding measured kW, Company will use 85% of such measured maximum kVA as the number of kW for all purposes that measured maximum kW load is specified herein. However, where Customer's power factor is regularly 85% or higher, Company may at its option omit kVA metering equipment or remove same if previously installed. V. DETERMINATION OF BILLING LOAD The kW of Billing Load will be the greatest of the following: (A) The Customers maximum measured 30-minute demand during any 30-minute interval of the current billing month, subject to §§ III, and IV above; or ~ T (B) 50% of the first 500 kW of Contract Power plus 75% of all additional kW of Contract Power as defined in § VI, or T (C) 60% of the HighestContract Power as defined in § VI, or I T (D) 300 kW. VI. DETERMINATION OF CONTRACT POWER Unless Company gives Customer written notice to the contrary, Highest Contract Power and Contract Power will be as defined below: Highest Contract Power -the greater of (i) the highest Billing Load established during the billing months of June through September' since service to Customer began under the currently effective contract or (ii) the contracted kW specified in the currently effective contract: SCHEDULE LGS (Continued on next page) SECTION III RATE SCHEDULES Page 11.3 ENTERGY TEXAS, INC. Sheet No.: 17 Electric Service Effective Date: 1-28-09 Revision: 10 Supersedes: Effective 3-1-99 , SCHEDULE LGS (Cont.) Schedule Consists of: Two Sheets LARGE GENERAL SERVICE Contract Power -the highest load established under § V (A) abdve during the billing I T months of June -September during the 12 months ending with the current month. For the initial 12 months of Customer's service, the Contract Power shall be estimated in advance from best data available and subject to adjustment for difference in actual and estimated. VII. USE OF SERVICE Electric service furnished under this rate shall not be used by Customer as an auxiliary or supplementary service to engines or other prime movers, or to any other source of power except in conjunction with rider for Standby and Maintenance Service. Customer shall not sub-meter and resell any energy purchased under this rate, except as may be specifically authorized by the appropriate regulatory authority. VIII. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen (16) days of the billing date shall be the monthly bill, including all adjustments under the. ~ T rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered. is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall I C not assess a tee, penalty, interest or other charge to the state for delinquent payment of a bill. aunevu~t ws SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Electric Service SCHEDULE LGS-TOD LARGE GENT Page 12.1 Sheet No.: 18 Effective Date: 1-28-09 Revision: 10 Supersedes: LGS-TOD Effective 3-1-99 Schedule Consists of: Two Sheets =RAL SERVICE -TIME OF DAY I. APPLICABILITY This Schedule is applicable on a voluntary basis under the regular terms and conditions ~ T of the. Company to Customers having the appropriate metering and who contract fdr not. less than 300 kW dr not more than 2,500 kW of electric service to be -used for general. lighting and pdwer. II. NET MONTHLY BILL Billing Months of May through October I T Billing Item Per Month T A. Customer Charge: ' $402.97 T I B. Billing Load Charge: i I , T All kW C. Energy Charge: izi $ 10.07 per kW T,I All On-Peak kWh $ 0.02205 per kWh T T I All Off-Peak kWh $ 0.00668 per kWh , T,I Billing Months of~November through April A. Customer Charge: $402.97 B. Billing Load Charge: ~'~ All kW $ 5.22 per kW C. Energy Charge: al All On-Peak kWh $ 0.00791 per kWh All Off-Peak kWh $ 0.00668 per kWh i'~ See § V below for definition of on-peak and off-peak hours. isi Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. D. Delivery Voltage Adjustment The Delivery Voltage below represents the voltage of the line from which service is delivered or, if applicable, the voltage used in determining the facilities charge under Schedule AFC. When service is metered at a voltage other than the Delivery Voltage, metered quantities will be adjusted by 1.5% for each transformation step to the Delivery Voltage: Delivery Voltage Secondary Primary (2.4KV-34.SICV) 69KV/1381CV Adiustment No adjustment ($0.53) per kW of Billing Load ($1.05) per kW of Billing Load IT ~ T,I T T, I T T,I T,I T T T IR R (continued on reverse side) Page 12.2 E. Minimum Charge The monthly minimum charge will be the sum of the Customer Charge, the Billing Load Charge and the Delivery Voltage Adjustment. Where the installation of excessive new facilities is required or where there are special conditions affecting the service, Company may require, in the Contrail, a higher minimum charge and/or Facilities Agreement pursuant to Schedule AFC, to compensate for the additional costs. III. METERING, PHASE AND VOLTAGE OF SERVICE Service under this rate schedule will be rendered at the Company's Standard phase and voltage available at the point ofservice: I T Where the Custdmer eleils to take service at the available line voltage (greater than T Secondary), metering, will. be installed at that voltage and Customer will receive. the applicable Voltage Adjustment pursuant to § II (D) above. In sudh cases, Customer may elect to have Company install the necessary transformation facilities to provide service at a lower voltage. Customer will then pay facilities charges pursuant to Schedule AFC or at the Company's option, provide such facilities at Customer's own expense. At Company's option, metering may then be at Secondary- and Customers metered quantities will be adjusted pursuant to § II (D) above. Where service is of extremely fluctuating or intermittent type, Company may specify . shorter intervals of load measurement than 30-minute intervals. I C IV. POWER FACTOR ADJUSTMENT Where Customer's power factor of total service supplied by Company is such that 85% of measured monthly maximum kVA used during any 30-minute interval exceeds corresponding measured kW, Company will use 85% of such measured maximum kVA as the number of kW for all purposes that measured maximum kW load is specified herein. However, where Customer's power factor is regularly 85% or higher, Company may at its option omit kVA metering equipment or remove same if previously installed. Where monthly off-peak power factor is less than monthly on-peak power factor, for purposes of this section, such off-peak power factor will be utilized to compute the on- peak maximum kVA as discussed above. V. OFF-PEAK PROVISION In case the monthly maximum kW load occurs during an off-peak period and is also greater than Contract Power, such monthly maximum kW load will be reduced, for purposes of § II (B) by 80% but will not be thereby reduced to a smaller number of kW I T than Contract Power load, nor less than stipulated in §§ VI (C) or (D). T Off-peak hours, for purposes of this schedule, are all hours of the year not specified as on-peak hours. Summer on-peak hours, for purposes of this schedule, are 1:00 p.m. to 9:00 p.m. Monday through Friday, except that Memorial Day, Labor Day and Independence Day (July 4 or the nearest weekday if July 4 is on a weekend) are not on-peak. Winter on-peak hours for purposes of this schedule, are 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m. Monday through Friday, except that Thanksgiving Day, Christmas Day and New Year's Day (or the nearest weekday if the holiday should fall on a weekend) are not on-peak. Company at its sole discretion can change the on-peak hours arid season from time to time. SCHEDULE LGS-TOD (Continued on next page) SECTION III RATE SCHEDULES Page 12.3 ENTERGY TEXAS, INC. Sheet No.: 19 Electric Service Effective Date: 1-26-09 Revision: 10 Supersedes: LGS-TOD Effective 3-1-99 SCHEDULE LGS-TOD (Cont.) Schedule Consists of: Two Sheets LARGE GENERAL SERVICE.- TIME OF DAY VI. DETERMINATION OF BILLING LOAD The kW of Billing Load will be the greatest of the following; ~T (A) The Customers maximum measured 30-minute demand during any 30-minute interval of the current billing month, subject to §§ III, IV and V above; or T (B) 50% of the first 500 kW of Contract Power plus 75% of all additional kW of Contract Power as defined in § VII, or I T (C) 60% of the Highest Contrail Power as defined in § VII, or T (D) 300 kW. VII. DETERMINATION OF CONTRACT POWER Unless Company gives Customer written notice to the contrary, Highest Contract Power and Contract Power will be as defned below: Highest Contrail Power -the greater of (i) the highest Billing Load since service to Customer began under the. currently effective contract or (ii) the contrailed kW specified in the currently effective contract: Contract Power -the highest load established under § VI (A) above during the 12 months ~ T ending with the current month. For the initial 12 months of Customer's service, the Contract Power shall be estimated in advance from best data available and subject to adjustment fordifference in actual and estimated VIII. USE OF SERVICE Electric service furnished under this rate shall not be used by the Customer as an auxiliary or supplementary service to engines or other prime movers, or to any other source of power. Customers shall not sub-meter and resell any energy purchased under-this rate except as may be specifically authorized by the appropriate regulatory authority. IX. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen ~ T (16) days of the billing date shall be the monthly bill, including all adjustments under the rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $5D.00. If the amount due when rendered is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and I C applicable riders, shall apply. If providing. service to the state oPTexas, Company shall not assess a fee, penalty, interest o? other charge to the state for delinquent payment of a bill SGntuULt LGS-TOD SECTION III- RATE SCHEDULES ENTERGY TEXAS, INC. Sheet No.: 26 Electric Service Effective Date: 1-28-09 Revision: 2 Supersedes: LIPS Effective 3-1-99 SCHEDULE LIPS Schedule Consists of: Two Sheets LARGE INDUSTRIAL POWER SERVICE Page 13.1 APPLICABILITY This Schedule is applicable under the regular terms and conditions of the Company to Customers who contract for not less than 2 500 k , . W of electric service at Company's available line voltage. ~ T NET MONTHLY BILL Biiling Item Per Month T A. Billing Load Charge: ~'~ T May-October All kW $6.85 per kW T I November-April All kW $6.34 per kW ta) , T I B. Energy Charge: ~~ , T 1 584 kWh/kW of Billing Load $0.005490 per kWh T I Additional kWh $0.003682 per kWh , T, I "~ See § V below for definition of on-peak and off-peak hours Uzi . Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. I T C. Delivery Voltage Adjustment I T The Delivery Voltage below represents the voltage of the line from which service is T C delivered or, if applicable, the voltage used in determining the facilities charge under , I T Schedule AFC. When service is metered at a voltage other than the Delivery Voltage, metered quantities will be adjusted b 1 5% f h y . or eac transformation step to the Delivery Voltage. Delivery Voltage Adiustment ~ T Less than Transmission (69kV) $1.19 per kW of Billing Load. Transmission (69kV) T,I $0.05 per kW of Billing Load Transmission (138kV) ($0.25) per kW of Billing Load T T R Transmission (230kV) ($0.63) per kW of Billing Load , T,R D. Minimum Charge The monthly minimum charge will be the sum of the Billing Load Charge and the . Delivery Voltage Adjustment. Where the installation of excessive new facilities is required or where there are special conditions affecting the service, Company may i requ re, in the Contrail, a higher minimum charge and/or Facildies Agreement pursuant to Schedule AFC, to compensate for additional costs. t~onnnueg on reverse side) Page 13.2 III. METERING Where the available tine voltage is Transmission (69kV) or higher, metering will be at ~ T such Transmission Voltage or at Company's option, metering may be on the low side of the transformer. In such case the metered quantities will be adjusted pursuant to § II. C I T and Customer will receive a Delivery Voltage Adjustment as though the metering was at T the Transmission Voltage. Where the available line voltage is less than Transmission (691CV), the metered quantities T will be adjusted pursuant to § II. C T . Where service is taken. at .multiple voltage levels and Customer requests totalizing arrangemerits for billing purpdses, the Delivery Voltage Adjustmenbwill be computed based upon demand, but weighted by kWh consumptibn at each voltage level. Where service is of extremely fluctuating or intermittent type, Company may specify shorter intervals of load measurement than 30-minute intervals. IV. POWER FACTOR ADJUSTMENT Where Customer's power factor of total service supplied by Company is such that 90% of measured monthly maximum kVA used during any 30-minute interval' exceeds corresponding measured kW, Company will use 90% of such measured maximum kVA as the number of kW for all purposes that measured maximum kW demand is specified herein. However, where Customer's power factor is regularly 0.9 or higher, Company may at its option omit kVA metering equipment or remove same if previously installed. V: OFF-PEAK PROVISIONS In case the monthly maximum measured 30-minute demand occurs during an off-peak period and is greater than Contract Power, such monthly maximum kW load will be reduced by 33-1/3% but will not be thereby reduced to a smaller number of kW than Contract Power, nor less than stipulated in §§ VI (C) or (D). Where the maximum kW ~ T load during off-peak periods does not exceed Contract Power, no reduction in off-peak maximum load wilt be made for billing purposes. Off-peak hours, for purposes of this schedule, are all hours of the year not specified as I T on-peak hours. On-peak hours, for purposes of this schedule, are designated as 8:00 a.m. to 10:00 p.m. I T Monday through Friday of each week beginning on May 15 and continuing through October 15 of each year except that Memorial Day, Labor Day and Independence Day (July 4 or the nearest weekday if July 4 is on a weekend) are not on-peak. VI. DETERMINATION OF BILLING LOAD The kW of Billing Load will be the greatest of the following: (A) The Customer's maximum measured 30-minute demand during any 30-minute interval of the current billing month, subject to §§ III, IV and V above; or ~ T (B) 75% of Contract Power as defined in § VII, or I T (C) 60% of the Highest Contract Power as defined in § VII, or I T (D) 2,500 kW. SCHEDULE LIPS (Continued on neM page) SECTION III RATE SCHEDULES Page 13.3 ENTERGY TEXAS, INC. Sheet No.: 26A Electric Service Effective Date: 1-28-09 Revision: 2 Supersedes: LIPS Effective 3-1-99 SCHEDULE LIPS (Cont.) Schedule Consists of: Two Sheets LARGE INDUSTRIAL POWER SERVICE VII. DETERMINATION OF CONTRACT POWER Unless Company gives Customer written notice to the contrary, Highest Contract Power. and' Contract Power will be as defined beldw: Highest Contract Power -the greater of (i) the highest Billirig Load established under the currently effective contract, or (ii) the kW specified in the currently effective contract. Contract Power -the highest load established under § VI (A) above during the 12 months I T ending with the current month. For the initial 12 months of Customer's service under the currently effective contract, the Contract Power shall be the kW specified in the currently effective contract unless exceeded in any month during the initial 12-month period. VIII. PHASE AND VOLTAGE OF SERVICE At the option of the Company, service will be delivered at the Customer's utilization voltage or at available Transmission line voltage (69kV or higher). Service will be metered at, or corrected to, the Transmission line voltage at the point of delivery, or at Company's option, at the nearest transmission station supplying Customer's load. IX. USE OF SERVICE Electric service furnished under this rate shall not be used by Customer as an auxiliary or supplementary service to engines or other prime movers or to any other source of power except in conjunction with rider for Standby and Maintenance Service. Customer shall not resell nor share any energy purchased under this rate. X. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen (16) days of the billing date shall be the monthly bill, including all adjustments under the rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional T amount of such monthly bill above $50.00. If the amount due when rendered is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and applicable dders, shall apply. If providing service to the state of Texas, Company shall C not assess a fee, penalty, interest or other charge to the state for delinquenf payment of a bill. s~htuuLt ur5 SECTION III RATE SCHEDULES Page 14.1 ENTERGY TEXAS, INC. Sheet No.: 27 Electric Service Effective Date: 1-28-09 Revision: 2 Supersedes: LIPS-TOD Effective 3-1-99 SCHEDULE LIPS-TOD Schedule Consists of: Two Sheets LARGE INDUSTRIAL POWER SERVICE -TIME OF DAY I. APPLICABILITY This Schedule is applicable on a voluntary basis under the regular terms and conditions ~ T of the Company to Customers who contrail for not less than 2,500 kW of electric service. The availability of this rate for new or additional business is subjectto Customers having appropriate meteririg and the required dapacity in generating and transmission facilities to supply the load. Considerations of availability will take into account location on Company's system, time required to make service available, amount of remaining annual C eligible load and other controlling factors. C NET MONTHLY BILL Billing Item A. Billing Load Charge: i'I May-OCtoberAll kW November-April All kW B. Energy Charge: csl 1~' 584 kWh/kW of Billing Load Additional kWh "' See § V below for defnition of on-peak and off-peak hours. cz~ Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. PerMonth T T $7.54 per kW T,I $5.47 per kW T,R T $0.005490 per kWh T,I $0.003682 per kWh T,I C. Delivery Voltage Adjustment The Delivery Voltage below represents the voltage of the line from which service is delivered or, if applicable, the voltage used in determining the facilities charge under Schedule AFC. When service is metered. at a voltage other than the Delivery Voltage, metered quantities will be adjusted by 1.5% for each transformation step to the Delivery Voltage. Delivery Voltage Less than Transmission (69kV) Transmission (69kV) Transmission (138kV) Transmission (230kV) D. Minimum Charge Adjustment $1.19 per kW of Billing Load $0.05 per kW of Billing Load ($0.25) per kW of Billing Load ($0.63) per kW of Billing Load The monthly minimum charge will be the sum of the Billing Load Charge and the Delivery Voltage Adjustment. Where the installation of excessive new facilities is required or where there are special conditions affecting. the service, Company may require, in the Contrail, a higher minimum charge and/or Facilities Agreement pursuant to Schedule AFC, to compensate for additional costs. T T ~T T T,I T T, R T, R T (Continued on n:verse side) Page 14.2. III. METERING Appropriate metering facilities required for this tariff shall be of the interval data recorder I C type currently utilized by Company on its larger Customers. Should Customer requesting C service under this rider not have appropriate metering for time of use, then service under this schedule will not be available until such metering can be installed by Company. Where the available line voltage is Transmission (69kV) or higher, metering will be at such Transmission Voltage or at Company's option, metering may be on the low side of the transformer In such case the metered quantities will be adjusted pursuant to § II. C and Customer will receive an applicable Delivery Voltage Adjustment as though metering were at Transmission Voltage. Where the available line voltage is less than Transmission (69kV), the metered quantities T will be adjusted pursuant to §11. C. T Where service is taken at multiple voltage levels and Customer requests totalizing arrangements for billing purposes, the Delivery Voltage Adjustment will be .computed based upon demand, but weighted by kWh consumption, at each voltage level. Where service is of extremely fluctuating or intermittent type, Company may specify shorter intervals of load-measurement than 30-minute intervals. IV. POWER FACTOR ADJUSTMENT Where Customer's-power factor of total service supplied by Company is such that 90% of measured monthly maximum kVA used during any 30-minute interval exceeds corresponding measured kW, Company will use 90% of such measured maximum kVA as the number of kW for all purposes that measured maximum kW load is specifed herein. However, where Customer's. power factor is regularly 0.9 or higher, Company may at its option omit kVA metering. equipment or remove same if previously installed. Where monthly off-peak power factor is less than monthly on-peak power factor, for purposes of this section, such off-peak power factor will be utilized to compute the on- peak maximum kVA as discussed above. V. OFF-PEAK PROVISIONS In case the monthly maximum measured 30-minute demand occurs during an off-peak period and is greater than Contract Power, such- monthly maximum kW load will be reduced by 80% but will not be thereby reduced to a smaller number of kW than Contract Power, nor less than stipulated in §§ VI (C) or (D). Where the maximum kW load during T off-peak periods does not exceed Contract Power, no reduction in off-peak maximum load will be made for billing purposes. Off-peak hours, for purposes of this schedule, are all hours of the year not specifed as on-peak hours. Summer on-peak hours, for purposes of this schedule, are 1:00 p.m. to 9:00 p.m. Monday through Friday, except that Memorial Day, Labor Day and Independehce Day (July 4 or the nearest weekday if July 4 is on a weekend) are not on-peak. Winter on-peak hours for purposes of this schedule are 6:00 a.m. to 10:00 a.m. and 6:00 p. m. to 10:00 p.m. Monday through Friday, exdept that Thanksgiving Day, Christmas Day and New Year's Day (orthe nearest weekday if the holiday should fall on a weekend) are not on-peak. SCHEDULE LIPS-TOD (Continued'on next page) SECTION III RATE SCHEDULES Page 14.3 ENTERGY TEXAS, INC. Sheet No.: 27A Electric Service Effective Date: 1-28-09 Revision: 2 Supersedes: LIPS-TOD Effective 3-1-99 SCHEDULE LIPS-TOD (Cont.) Schedule Consists of: Two Sheets LARGE INDUSTRIAL POWER SERVICE - TIME OF DAY Company may at its sole discretion change the on-peak hours and season from time to time. VI. DETERMINATION OF BILLING LOAD The kW of Billing Load will be the greatest of the following: (A) The Customer's maximum measured 30-minute demand during any 30-minute interval of the current billing month, subject to §§ III, IV and V above; or ~ T (B) 75%,of Contract Power as defined in §§ VII, or ~ T (C) 60% of the Highest Contract Power as defined in § VII, or ~ T (D) 2,500 kW VII. DETERMINATION OF CONTRACT POWER Unless Company gives Customer written notice to the contrary, Highest Contract Power and Contrail Power will be as defined below: Highest Contract Power -the greater of (i) the highest Billing Load established under the currently effective contract, or (ii) the kW specified in the currently effective contract. Contrail Power -the highest load established under § VI (A) above during the 12 months ~ T ending with the current month. For the initial 12 months of Customer's service under the currently effective contract, the Contract Power shall be the kW specified in the currently effective contract unless exceeded in any month during the initial 12-month period. VIII. PHASE AND VOLTAGE OF SERVICE At the option of the Company, service will be delivered at the Customer's utilization voltage or at available Transmission line voltage (69kV or higher). Service will be metered at, or corrected to, the Transmission line voltage at the point of delivery, or at Company's option, at the nearest Transmission station supplying Customer's load. IX. USE OF SERVICE Electric service furnished under this rate shall not be used by the Customer as an auxiliary or supplementary service to engines or other prime movers or to any other source of power. Customer shall not resell nor share any energy purchased under this rate. (Continued on reverse side) Page 14.4 X. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen (16) days of the billing date shall be the monthly bill, including all adjustments under the ~ T rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered is paid prior to such date, the monthly bill shall apply. If providing service to the state of Texas, C Company shall not assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULE LIPS-TOD SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Electric Service SCHEDULE IS Page 15.1 Sheet No.: 28 Effective Date: 1-28-09 Revision: 6 Supersedes: IS Effective 12-18-98 Schedule Consists of: Three Sheets EXPERIMENTAL RIDER TO SCHEDULES LPS AND HLFS FOR INTERRUPTIBLE SERVICE (AVAILABLE ONLY TO CONTRACTED INTERRUPTIBLE LOAD LEVELS OF EXISTING INTERRUPTIBLE CUSTOMERS AS OF THE EFFECTIVE DATE OF THIS RATE) APPLICABILITY This rider is applicable under the regular terms and conditions of the Company to LIPS and LIPS-TOD Customers who contract for not less than 2,500 kW of Firm Contract Power and who contract for not less than 2,000 kW of Interruptible Contract. Power. AVAILABILITY At the soli: discretion of Company, the availability of total Interruptible Service supplied by the Company under all Interruptible Service Riders may be limited to an amount equal to 5% of the projected aggregate Company peak demand.. The Company reserves the right to refuse service under Section III (A) of this rider if, in the opinion of the Company, such service could cause damage to property or persons or adversely affect the public health, safety and welfare. Interruptible loads may be served by Customer's auxiliary sources during times of interruption by Company, but must be returned to Company service as soon as practical after such service is restored. Service under this Rider is available for three (3) years from effective date. BILLING AMOUNTS All service rendered through the meter shall be billed as Billing Load at the rates established in the applicable rate schedule, with the exception that the minimum Billing Load shall be the Customers Firm Contract Power, plus 20% of Customer's Interruptible Contract Power under (A), (B) and/or (C) below as defined in Sections VI A and VI B below. The minimum billing load (20% of Contract Power) for the Customer's Interruptible load will be applied to the amount of load contracted for under each of the three options stated below. The Interruptible Credit shall be applied to the Interruptible Power Billing Load which is the difference between the maximum demand registered on the meter during the billing period and the amount of Firm Contract Power, subject to the minimum provision as stated above. Such Firm Contract Power is subject to the off-peak provision included in Section V of the applicable rate schedule.. If at any time the maximum. demand in a month exceeds Total Contract Power, which shall be the sum of Firm Contract Power and Interruptible Contract Power, the increment shall serve to increase Firm Contract Power. Interruptible Credit and Notice Requirement: (A) No notice requirement: $4.88 credit per billing kW per month for all interruptible power as determined above. C C (Continued on reverse side) Page 15.2 (B) Five (5) minute notice requirement: $3.75 credit per billing kW per month for all interruptible power as determined above. The total amount of Interruptible Contract Power (as defined in Section VI A) must be designated as subject to (A) and/or (B) above. In any billing month when the Interruptible Billing Load is less. than the Interruptible Contract Power the amount of Interruptible Credit will be calculated as follows, subject to minimum requirements in Section III: (1) 5-minute notice requirement -Section III (B) (2) no notice requirement -Section III (A) Energy Charges, fixed fuel factors, minimum charges, and delivery voltage credits are unchanged from the applicable rate schedule. Delivery voltage credits shall be applied to the total Billing Load: IV. NON-COMPLIANCE ~R ID D T T If at any time during the calendar year Company calls for an interruption and Customer fails to intercupt all load in excess of fine load for the entire period of interruption and within the time specified in Section III (B) following request by Company, the following T penalty charge will be added to the Customer's bill for each occurrence: Penalty Rate: A. An amount equal to the Interruptible Credit for the billing month, plus B. All kilowatts of Excess Demand (as defined in Section VI D below) times four (4) times the kW charge in Section II A of the applicable rate schedule. Effective with the billing month following the second non-compliance by Customers (as described in B above), the total service contracted for under this rider will be transferred to and billed under the applicable rate schedule for at least the next 12 months. Customer may only return to this rider if the Company agrees that there is interruptible load that may be contracted for pursuant to Section II of this rider. If Customer failed, in whole or part, to comply with any Company requested interruptions, the duration of such period of interruption shall not be considered an interruption for purposes of this rider. Instances where Company requests intercuptible loads be kept off beyond the 10-hour daily limit, as in System emergencies, shall not be counted toward ~ T the Annual Interrupted Hours. SCHEDULE IS (Continued. on next page) SECTION III .RATE SCHEDULES ENTERGY TEXAS, INC. Electric Service SCHEDULE IS (Cont.) Page 15.3 Sheet No.: 29 Effective Date: 1-28-09 Revision: 6 Supersedes: IS Effective 12-18-98 Schedule Consists of: Three Sheets EXPERIMENTAL RIDER TO SCHEDULES LPS AND HLFS FOR INTERRUPTIBLE SERVICE (AVAILABLE ONLY TO CONTRACTED INTERRUPTIBLE LOAD LEVELS OF EXISTING INTERRUPTIBLE CUSTOMERS AS OF THE EFFECTIVE DATE OF THIS RATE) V. INTERRUPTIONS Interruptions shall be requested by Company at the discretion of the Company as the Company deems necessary for any reason including, but not limited to, maintaining service to firm loads, avoiding establishment of a new system peak, maintaining. service integrity in the area or other situations when reduction in load on the Company's system is required: To the extent possible interruptible loads will be interrupted before any curtailment of-firm loads is requested or required. For loads requiring 5-minute notice, Customer is responsible for interrupting loads. For loads requiring no notice, interruptions will be made by Company via electronic data transmission equipment from Customer's location to the Company's system operator. Normally, the required notice, if any, will be given to Customers before load must be interrupted. Longer or shorter notice will be given at Company's option at the time of notice. Service may be restored immediately upon notification by Company. For loads requiring 5-minute notice, interruptions will be limited to no more than ten (10) hours per day (midnight to midnight) and to no more than two (2) interruptions per day. Interruptions will also be limited to a maximum of fifty (50) hours in a single week (12:01 a.m. Monday to 12:00 p.m. Sunday). Annual Interrupted Hours shall not exceed 600 hours in any calendar year. For loads requiring no notice, the hours of interruption are unlimited. Periods when the Interruptible Service is interrupted due to general system curtailment shall not be counted when Annual Interrupted Hours are determined. VI. DEFINITIONS A. Interruptible Contract Power- The maximum amount of Kilowatts (kVVj Customer has designated as subject to interruptions. This amount of Kilowatts is subject to interruptions in both on-peak and off-peak periods. B. Firm Contract Power -the amount of Kilowatts (kV1~ Customer intends to exclude from interruptions as defined herein. Nothing herein excludes such loads from the normal operating outages inherent to an electrical power system, nor from outages due to a System emergency. Firm Contract Power will be the amount of Kilowatts (kVV) contracted for under this rider schedule or subsequently established per Section III above. C. Total Contract Power -the sum of Interruptible Contract Power and Firm Contract Power, as defined above. D. Excess Demand -the amount of Kilowatt (kVV~ demand occurring during a Period of Interruption which is in excess of Firm Contract Power, in either on-peak or off- peak periods. ID T (Continued on reverse side) Page 15.4 E. Period of Interruption -that span of time during which Customer's interruptible loads shall not be served by the Company. This shall begin at the time designated by Company to shed interruptible loads and shall terminate when Company notifies Customer the Period of Interruption is over. F. Annual Interrupted Hours -the total number of hours Company has interrupted service during the calendar year. VII. CONTRACTS A. A Contract is required for this rider. B. Term of Contract: 1. Within the first lwo years of service under this rider, Customer may elect to have-all; or portions of, his Interruptible Contract Power converted to Firm Contract Power upon ninety (90) days written notice to Company, ' subject to the availability of new firm power service. 2. After two years (twenty-four consecutive months) of service under this - rider, Customer may elect to have all, or portions of, fiis Interruptible Contract Power converted to Firm Contract Power, upon three (3) years' written notice to Company, subject to the availability of new firm power service. 3. Upon conversion of loads under (1) or (2) above, or upon termination of Interruptible Service under this rider, Customer may not increase his remaining Interruptible Contract Power, or initiate new service under this rider, for a period of twelve (12) months following such conversion or termination, and then only subject to the availability of new Interruptible Service. 4. Any additions 'of Interruptible Contract Power will be considered increases to existirg loads, rather than new blocks requiring separate contracts, and will be subject to the same conditions outlined in (1 ), (2), or (3) above that are then relevant to the existing service. VIII. METERING A. All interruptible service will be served through the total service meter. Company may require telemetering of the Customer's loads to the Company's system operator. B. Costs of telemetering facilities, including rental or investment costs of communications circuits, may be included in the Facilities Charge, or Customer may elect to pay a lump sum to offset the additional investment by Company. SCHEDULE IS (Continued on next page) SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Electric Service SCHEDULE IS (Cont.) Page 15.5 Sheet No.: 30 Effective Date: 1-28-09 Revision: 6 Supersedes: IS Effective 12-18-98 Schedule Consists of: Three Sheets EXPERIMENTAL RIDER TO SCHEDULES LPS AND HLFS FOR INTERRUPTIBLE SERVICE (AVAILABLE ONLY TO CONTRACTED INTERRUPTIBLE LOAD LEVELS OF EXISTING INTERRUPTIBLE CUSTOMERS AS OF THE EFFECTIVE DATE OF THIS RATE) IX. In the case of Facilities Charges, such charges will continue beyond the date of termination or conversion of Interruptible loads (as discussed'in Section' VII) until-the Company's investment has been recovered. A separate contract for such Facifities Charges may be required. CONDITIONS OF SERVICE Customers contracting for service under Section III (A) of this Schedule will provide, at Customer's expense, Company specified electronic data transmission equipment from Customer's location to the Company's system operator. Specifications for electronic data equipment are available from Company upon request. X. USE OF SERVICE Electric service furnished under this rate shall not be used by the Customer as an Auxiliary or Standby Service. Customer shall not resell nor share any energy purchased under this rate. SECTION III RATE SCHEDULES Page 16.1 ENTERGY TEXASS, INC. Sheet No.: 31A Electric Service Effective Date: 1-28-09 Revision: 1 Supersedes: PPS Effective 12-18-98 SCHEDULE PPS Schedule Consists of: Orie Sheet OPTIONAL RIDER TO SCHEDULE LIPS FOR PIPELINE PUMPING SERVICE APPLICABILITY This optional rider is applicable under the regular terms and conditions of the Company for electric service to pipeline pumping station customers (Standard Industrial Classification codes 4612, 4613 and 4922) who elect to take service utilizing this rider. II. MODIFICATION TO THIRD PARAGRAPH OF SECTION V. OF RATE SCHEDULE LIPS On-peak hours, for the purposes of this schedule, are designated as 1:00 p.m. to B:00 p.m..Monday through Friday beginning on May 1 and continuing through September 30 of each year except that Memorial Day, Labor Day and Independence Day (July 4 or the nearest weekday if July 4 is on a weekend) are not on-peak. T III. CONDITIONS OF SERVICE Customers taking service under this rider are required to contract for a minimum initial term of four (4) years. SECTION Ill_RATE SCHEDULES Page 17.1 ENTERGY TEXAS, INC. Sheet No.: 34 Electric Service Effective Date: 1-28-09 Revision: 5 Supersedes: PM Effective 12-18-98 SCHEDULE PM Schedule Consists of: One Sheet RIDER TO SCHEDULE LIPS FOR PLANNED MAINTENANCE APPLICABILITY This rider is applicable under the regular terms and conditions of the Company to Customers taking service under Schedule LIPS who schedule,- at Company's convenience, reductions in their firm electric load normally served from Company's system, for purpose of Customer's normal annual maintenance programs. Such reductions must be arranged at-least orb month in advance, and must be compatible with Company's generation needs, as determined by Company's operating personnel. II. AVAILABILITY This rider will be available only during the months of June through September, unless specifically approved by Company. Only scheduled load reductions will be recognized. for billing purposes, and recognized reductions must be arranged to be compatible with the projected peak-shaving needs of Company at the time of the proposed reductions. III. MODIFICATIONS TO REGULAR RATE SCHEDULES The ratchet applicable to Contract Power shall be waived to the extent of the actual reductions occurring at the time when such reductions were scheduled to occur. The. recognized reduction for billing purposes shall be limited to the smaller of the following: A. The kW demand reduction specified when scheduled, or B. The difference between the highest measured demand, during the billing month in which the reduction period began, and the highest measured demand during the reduction period. A credit, including applicable voltage adjustment, will be applied to Customer's bill for all recognized kW, prorated according to the ratio of the cumulative hours such loads are removed to the total hours in the billing month. Cumulative hours of removal shall be interpreted as described in § IV below. Where Customer's highest measured demand ~ T during the requested. reduction shows no reduction, the Customer's PM request for that billingperiod is void: IV. REDUCTIONS IN LOAD Reductions shall not be arranged for more than firm Contract Power. The cumulative kW load reductions in a single calendar year shall hot exceed the highest measured 30- minute kW demand during the previous twelve months ending with the current month. (Continued on reverse side). Page 17.2 Cumulative hours of removal shall be limited to a minimum of twenty-four hours if taken. consecutively, or to a minimum of ten hours per day if taken as periodic daily reductions. In the lattercase, such periodic daily reductions must be taken during on-peak hours as defined in the rate schedules. The ratchet applicable to Contract Power will be waived to the extent of the kW loads to be removed from Company's system, as specified at the time such reductions are scheduled. V. CONDITIONS OF SERVICE A. The term of any contract for service under this rider shall be such as may be agreed upon, but not less than one year. B. Customer will maintain a lagging power factor of 0.90, or higher, at all times. If it is necessary to install corrective devices to maintain such power factor, Customer will provide and maintain such corrective devices. SCHEDULE PM SECTION III RATE SCHEDULES Page 18.1 ENTERGY TEXAS, INC. Sheet No.: 36 Electric Service Effective Date: 1-28-09 Revision: 7 Supersedes: SSTS Effective 12-18-98 SCHEDULE SSTS Schedule Consists af: -One Sheet ' EXPERIMENTAL SUPPLEMENTAL SHORT TERM SERVICE APPLICABILITY This rate. is applicable under the regular terms and cdnditions of the Company only to C Customers who have contracted for SSTS service prior td the effective date of this schedule, who have received electric servioe from the Company during the immediately preceding 24 months and who have cdntracted for not less than 5,000 kW of additional load above their requirements on the contract date. This rate is not applicable to additional kWh resulting from load shifting. The Company is not obligated to make any investment in facilities to serve the additional load. This rate is not applicable in conjunction with Time-Of-Day Rates:- Service under this rate may not be purchased in lieu of standby and/or maintenance service. AVAILABILITY This schedule will terminate six (6) months after the issuance of a final, appealable order C issued by the Commission in Docket No. 34800 This period is hereinafter referred to as the "Transition Period", and will be billed as described in § III below. Service under this rate is available in any year in which the Company's projected annual percent capacity margin is 13% or greater. In any calendaryear when the capacity margin is projected to be less than 13%, service under this rider will not be available for that year. III. MONTHLY BILL During the Transition Period the Company will bill LIPS/SSTS Customers as follows; 1. Calculate the charges under the LIPS and SSTS Schedules separately including Schedule FC charges but with no other Riders; 2. Combine the LIPS and SSTS billing determinants and calculate an amount using the LIPS Schedule including Schedule FC charges but with no other Riders; 3. Divide the sum of 1 and 2 above by two (2) and add the other applicable Riders to determine the LIPSISSTS billing amount. C All additional kWh used above "base Average monthly fuel and purchased amount" as defined in Section V below power cost per kWh plus X0.006128 ~ T, I Company will estimate average monthly fuel and purchased power cost for the next month and inform Customer, in writing, of this estimate no less than five. (6) days prior to the beginning of the billing month. Customer will, upon receiving Company's estimate, inform Company, in writing, by last. day of month prior to the beginning of the billing period, the amount of additional load. to be taken during the next month. The Customer will be billed based on the actual fuel and. purchased power cost for the month. The Company is not liable for any variations between the estimated and actual costs. (Continued on reverse side) Page 18.2 IV. MINIMUM CHARGE In any month when service is requested in accordance with the provisions stated in Section III above, the net minimum charge for such usage will be 150 hours times the requested additional load (kW) times the charge per kilowatthour in Section III above. Where the installation of excessive new facilities is required or where there are special conditions affecting-the service, Company may require, in the Contract, a higher minimum charge and/or Facilities Agreement pursuant to Schedule AFC, to compensate for additional costs. V. CONDITIONS OF SERVICE Prior to service heing rendered under this schedule, Company will determine the average monthly kilowatthours (exGudirig Schedules SMS and SSTS) taken by Customer from Company for the six billing months ending with the date service is taken under this rate. This monthly average will be designated as the "base amount" for firm service and all kilowatthours taken in a billing month in excess of such "base amount" will be billed under this schedule. The frm service Billing Load for the current month will be the total adjusted load (kWj reduced by the amount of kW requested under this Schedule, but in no case will the frm service Billing Load (kW) for the current month be less than the firm service Billing Load (kW) for the corresponding month of the previous year. Firm Service I N demands will not be affected by this provision after the Transition Period. N VI. USE OF SERVICE Customer shall not resell nor share any energy purchased under this rate. VII. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen (16) days of the billing date shall be the monthly bill, including all adjustments under the ~ T rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered is paid prior to such date, the monthly bill including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall C not assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULE SSTS SECTION III RATE SCHEDULES Page 19.1 ENTERGY TEXAS, INC. Sheet No.: 37 Electric Service Effective Date: 1-28-09 Revision: 6 Supersedes: EAPS Effective 12-18-98 SCHEDULE EAPS Schedule Consists of: Two Sheets EXPERIMENTAL ECONOMIC AS-AVAILABLE POWER SERVICE I. APPLICABILITY This experimental economic as-available schedule is applicable to all retail Customers having self-generation capability greater than 5,000 kW which was both permanently existing on site and in operating condition as of March 8, 1993. The power taken under Schedule EAPS shall only be used for the displacement, in total or in part, of the Customer's self-generating capability. A Customer may not contract for Schedule EAPS power in excess of the design capacity of the Customer's power production facilities. Service taken under Schedule EAPS shall not displace load historically served by the Company. II. AVAILABILITY This schedule is available upon request, for a minimum of 1,000 kW on an hourly basis; provided that the Company reserves the right to limit the amount of power sold under this rate. The Company also reserves the right to limit the availability of power sold under this rate in accordance with Section VIII. If the Company's projected capacity margin for the next calendar year is less than 13%, service under this rate will not be available in the next calendar year and all years thereafter. This schedule shall remain in effect for five (5) years from the effective date unless an extension is requested by the Company and approved by the appropriate regulatory authority. III. MODIFICATION OF REGULAR RATE SCHEDULE Service taken under this schedule may be in addition to service provided by the Company under other rate schedules. The other rate schedule(s) in such case will be modified by the addition of Sections IV, V and VI of this schedule if necessary to make such other rate schedules consistent with this rate. IV. DETERMINATION OF BILLING DEMAND AND ENERGY A. Customer with a Contract for Service under Firm Rate Schedules: (1) The load taken under Schedule EAPS in each half hour shall be the kW amount requested under Schedule EAPS. Where the Customer's actual metered kW is less than the amount requested under Schedule EAPS, the actual metered kW shall be the amount taken under Schedule SAPS in that half hour. (2) The energy taken under Schedule EAPS shall be the demand in each half hour as determined in (1) above divided by two and accumulated over the time period it is requested. (Continued an reverse side) Page 19.2 (3) The demand and energy taken under other rate schedules shall be determined based on the remaining loads after Schedule EAPS is determined as described in (1) above. In any month which Schedule EAPS is requested, the contract power under the other rate schedule(s), including both firm and interruptible loads exclusive of Schedule EAPS, shall not be less than the contract power in the previous month and shall 6e treated as if the contract power were set in the current month. The demand under other rate schedules will be adjusted for power factor in accordance with Section IX F. B. Customers without a Contract for Firm Power (1) The energy taken under Schedule EAPS shall be the total actual metered energy during the time period for which Schedule F~,PS service is requested. Where the Customer also has a request for Standby. or Maintenance Service, the load takeh under Schedule EAPS shall be the amount requested under Schedule -PAPS with the remaining load on Standby or Maintenance Service. (2) Any power taken beyond the provisions of Schedule EAPS shall be purchased in accordance with the provisions of the Customer's contract for standby or maintenance service from the Company. If no other contract for service exists, any power taken beyond the provisions of Schedule EAPS shall be priced at the load charges, energy charges and fuel charges for the applicable firm service rate for that occurrence. V. ENERGY CHARGE Energy shall be sold hour by hour at the Company's incremental fuel or purchased power cost plus 4.21 mills (a + b), calculated as follows: a. The energy taken under Schedule EAPS in each hour shall be multiplied. times the Company's incremental fuel. or purchased power cost and totaled for the billing month. The total shall be multiplied times the Customer's service voltage specifb loss multiplier in accordance with Section IX E. b. The total energy taken. under Schedule EAPS shall be multiplied times 4.21 mills per kWh. This amount shall be added to the amount calculated in (a). The Company will review the energy charges as stated above biennially and submit such review to the appropriate regulatory authority. The Company may, subject to approval by the appropriate regulatory authority, change such charges. SCHEDULE EAPS (Continued on next page) SECTION III RATE SCHEDULES Page 19.3 ENTERGY TEXAS, INC: Sheet No.r 38 Electric Service Effective Date: 1-28-09 Revision: 6 Supersedes: EAPS Effective 12-18-98 SCHEDULE EAPS (Cont.) Schedule Consists of: Two Sheets EXPERIMENTAL ECONOMIC AS-AVAILABLE POWER SERVICE VI. MONTHLY MINIMUM PAYMENT A Customer contracting for service under firm rate schedules and uhclerSctiedule EAPS shall"pay a minimum amount for service under the fine schedules, exclusive of Schedule EAPS, in any month that power is taken under Schedule. EAPS. The base rate revenues in the current month shall- not be less than the base revenues defived by applying the current base rate charges to the corresponding base period month billing determinants. adjusted as .necessary for rate structure changes. The base period shall be the twelve- month period prior to the effective date of the Customer's initial contract for Schedule EAPS. Base revenues will be compared between the base period month and the current month. Both base energy charge revenues ahd base Billing Load Charge revenues will be compared separately to determine if the minimums have been met. Any billing adjustment required to satisfy the monthly minimum payment shall be made in the current billing month: Firm rate schedules and associated riders, exclusive of Schedule SSTS and Schedule SMS, will be included in the determination of the monthly minimum payment. The monthly minimum payment is applicable if power is taken under Schedule TAPS during any hour in the billing month. The base year billing determinants for a Customer under a new firm contract will be determined by mutual agreement. VII. NOTIFICATION BY CUSTOMER The Customer must notify the Company's system operator regarding any and all Schedule EAPS transactions. The Company will provide an estimate of the incremental fuel or purchased power cost for the next hour upon request of the Customer: The Customer will make notification of the date, beginning of the hour start time and kW amount requested prior to taking service under Schedule EAPS. The Company will calculate the incremental fuel or purchased power cost during the hour which service has been provided under Schedule EAPS and use it for billing. The Customer may inquire about the incremental cost after the end of the hour which Schedule EAPS service has been provided. The Company is not liable for any variations between the estimated and the calculated incremental costs. The Customer will also make notification of the date and hour ending time prior to the Customer's discontinuance of taking service under Schedule EAPS. VIII. PROVISIONS-FOR AVAILABILITY A. Customer will discontinue taking service under Schedule EAPS upon notification by the Company. The notification period shall be determined by contractual agreement based on the Customer's generation operating characteristics. (Continued on reverse side) Page 19.4 B. Availability of Schedule SAPS shall be at the discretion of the Company as the Company deems necessary in, but not limited to, maintaining service to frm loads, avoiding establishment of a new system peak, maintaining service integrity in the area'or other situations when reduction in load on the Company's system is required. C. All load remaining after the notification period shall be considered firm load and billed according to the applicable firm rate for one year and subjectto all billing provisions including demand ratchets and minimums, notwithstanding any earlier scheduled termination of Customer's contract for service under this or any other schedule. IX. CONDITIONS OF SERVICE ~ C A. Customer may not use this- schedule in lieu of firm, standby, maintenance or auxiliary service. B. Company will not,be required to install additional facilities to serve Customer. C. Customer shall not resell or share any energy purchased under this schedule. If a Customer obtains the right to sell power to anyone other than the Company, no service under Schedule EAPS may be taken. D. Service will be supplied under this rate only to Customers having both their load and generation behind a single meter capable of recording power flow in or out. E- The voltage specific loss factors used in this rate shall be based on the loss study approved by the Commission in the Company's most recent general rate case. F. Where Customer's power factor of total service supplied by Company is such that 90% of measured monthly maximum kVA used during any 30-minute interval exceeds corresponding measured kW, Company will use 90% of such measured maximum kVA as the number of kW for all purposes that measured maximum kW demand is specified herein. However, where Customers power factor is regularly 0.9 or higher Company may at its option omit kVA metering equipment or remove same if previously installed. X. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen (16) days: of the billing date shall be the monthly bill, including all adjustments under the ~ T rate schedule and applicable rider, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered. is paid prior to such date, the monthly bill including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall C not assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill.' SCHEDULE EAPS SECTION III RATE SCHEDULES Page 20.1 ENTERGY TEXAS, INC. Sheet No.: 40 Electric Service Effective Date: 1-28-09 Revision: 15 Supersedes: TSS Effective 3-1-99 SCHEDULE TSS Schedule Consists of: One Sheet TRAFFIC SIGNAL SERVICE ~ T APPLICABILITY This rate is applicable, under the regular terms and conditions of the Company, to ' municipalities and other political subdivisions of the state, for the supply of electric energy to street and highway traffic signals, including video camera apparatus, under contract, ~ T which signals and related facilities are owned, operated, and maintained by the Customer. This rate applies separately to each point of delivery. , II. NET MONTHLY BILL A. Energy Charge All kWn used: $0.02747 per kWh` T,I `Plus fixed fuel factor per Schedule FF and all applicable riders, ~ T B. Minimum Charge The monthly net minimum charge will be $2.82 for each point of delivery. ~ I III. DETERMINATION OF KWH Monthly kWh, for billing purposes, will be determined by the Company, based on data supplied by the Customer, subject to review at any time by either party. The monthly kWh, for billing purposes, wilt be the effective signal demand in nominal watts rating (disregarding incidental control accessories, overlaps, and dark periods during changes of the signals,.and dark periods of flashing signals) times the year-round daily average use (to the nearest whole hour) times 30 (days) divided by 1,000. For loads of neon or other special signals, the watts demand will be determined by the Company if necessary information is available, otherwise the demand will be established by measurement. IV. AMOUNT DUE.AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen (16) days of the billing date shall be the monthly bill, including all adjustments under the ~ T rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall not I C assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SECTION III RATE SCHEDULES Page 21.1 ENTERGY TEXAS, INC. Sheet No.: 41 Electric Service Effective Date: 1-28-09 Revision: 15 Supersedes: SHL Effective 3-1-99 SCHEDULE SHL Schedule Consists of: One Sheet STREET AND HIGHWAY LIGHTING SERVICE I. APPLICABILITY This rate schedule is applicable under the regular terms and conditions of the Company to road lighting systems in municipalities, incorporated cities, recognized unincorporated T communities, subdivisions having an incorporated home owner association, and in areas C immediately adjacent to one of these entities for the lighting of public streets, roads, and T thoroughfares. This rate is not available for private area lighting. II. TYPE OF SERVICE Lights will burn from dusk to dawn for approximately 4,000 hours per year. The lighting facilities installed will be Company's standard approved facilities for the particular application. III. NET MONTHLY BILL Lamp Monthly Rate Group Al'I T Ty e Wattage kWh Lamp O~ Iy Code Lamp + P~ CC~e T HPS Cobra Head 100 38.3 $ 5.89 4PG;4PJ;U4PG $7.74 ~ 4PL T,I,C HPS Cobra Head 150 58.6 $ 6.351~1 4PP N HPS Cobra Head 250 100.0 $10.2612 4PA;U4PA $12.1112 4P41'I T,I,C HPS Cobra Head 4D0 150.0 $12.5912 4PC;U4PC T,I,C 1'~ See § IV T 12 Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. T Rate Group C Where the customer requests and the Company provides facilities other than those T provided under Rate Group A (except the standard fixture and lamp), the customer will make a lump sum payment based upon the installed cost of such facilities and Customer will be billed under Rate Group A. Rate Group D Where the Company furnishes energy only for Customer owned and maintained street T and highway lighting, Code 4GA, a charge will be made to the Customer at the rate of lZ $0.03222 per kWh . T,I Rate Group E Incidental Lighting under § I above, Code 4XA, will be at the rate of $0.03222 per kWh12. T,I (Continued an reverse side) Page 21.2 IV. SERVICE CONDITIONS The charges shown under "Rate Group A", except those for Code 4PL and 4P4, incude T the cost of installation; maintenance, energy supply, and control by the Company of standard street light fixtures and lamps mounted on existing standard wood poles. The charges for Codes 4PL and 4P4 include those costs listed previously plus a pole charge for installations where there was no existing wood pole. D V. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen (16) days of the billing date shall be the monthly bill, including all adjustments under the T rate schedule and applicable riders, plus 5% of the first 550.00 and 2% of any additional amount of such monthly bill above 550.00. If the amount due when rendered is paid-prior to such date, the monthly bill, including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall not C assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULE SHL SECTION III RATE SCHEDULES Page 22.1 ENTERGY TEXAS, INC.. Sheet No.: 42 Electric Service Effective Date: 1-28-09 Revision: 17 Supersedes: ALS Effective 9-1-00 SCHEDULE ALS Schedule Consists of: One Sheet AREA LIGHTING SERVICE APPLICABILITY This rate is applicable under the regular terms and conditions. of the Company in areas designated by Company where facilities of adequate capacity and suitable voltage are available. ~ D II. TYPE OF SERVICE Unmetered lighting service from dusk to dawri every night, approximately 4,000 hours per year, served from Company's existing overhead and wood pole distribution system under conditions specifed in § IV. The lighting facilities installed will be Company's standard ~ T approved facilities for the particular application: III. NET MONTHLY BILL Lamp Monthly Rate T Wattage kWh Per Lamo Code "Security Light' HPS Open Bottom 100 38.3 $ 5.891' 4CE;4CG;U4C T,I E D T "Flood Light" I,T High Pressure Sodium 100 38.3 $ 7.171' 4CJ;U4CJ I,T High Pressure Sodium 400 150.0 $13.341' 4CK;U4CK I,T High Pressure Sodium 1,000 367.3 $23.33(1 4CR;U4CR p I,T Metal Halide 1,000 367.3 $22.3211 4CS ~T 1'~ Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. IV. GENERAL PROVISIONS ~T For the rates set forth in § III above, Company will install, own and maintain the required facilities mounted on an existing wood pole or other existing support approved by Company and, when required, one span of secondary extension per light: The Customer will pay in advance a nonrefundable lump sum payment of $25.00 for each security light and/or 100 Watt flood light, and $50.00 for each flood light (excluding 100 Watt) to partially cover the Company's cost to install the facilities. IT When additional facilities, not provided for in the rates set forth in § III, are required, Customer will pay in advance of installation, Company's cost to install such facilities plus the non-refundable lump sum payment as set forth above. Company will replace burned-out lamps and otherwise maintain the equipment during regular daytime working hours as soon as practical following notification by Customer. (Continued on reverse side) Page 22.2 V. AMOUNT DUE AND PAYMENT The past-due amount for service furnished for which payment is not made within sixteen T (16) days of the billing date shall be the monthly bill, including all adjustments under the rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above. $50.00. If the amount due when rendered is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall not C assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULE ALS SECTION III RATE SCHEDULES Page 23.1 ENTERGY TEXAS, INC. Sheet No.: 43 Electric Service Effective Date: 1-28-09 Revision: 16 Supersedes: LS-E Effective 3-1-99 SCHEDULE LS-E Schedule Consists of: Two Sheets LIGHTING SERVICE TO EXISTING INSTALLATIONS ONLY (CLOSED TO NEW BUSINESS) APPLICABILITY This rate schedule is applicable under the regular terms and conditions of the Company to Street and Highway Lighting Service, Area Lighting Service, and Residential Subdivision Lighting (existing installations or extensions thereof) only. This rate is not applicable to new installations. TYPE OF SERVICE Lights will bum from dusk to dawn for approximately 4,000 hours per year. NET MONTHLY RATE RATES FROZEN UNDER SCHEDULE SHL Grcup A1'1 Group C1'I Lamp Lamp Monthly lamp Only Lamp + Pole Type Watta~c~,s kWh Rate Code 13 Rate Code 8 3 MV 100 42.4 4KA,4WJ $ 4.93 4MA $6 7 MV 1751~~ 70.0 $ 5.9213 4K6,4WK,4W6 $7.7713 4MB MV 2501~~ 97.3 $ 8.153 4KC MV 4001~~ 153.5 $10.6113 4KE,4WM Group 61'1 T Lamp Only . Rate Code T T,I __ __ T,I -- T,I $7.33(3 4FD T,I HPS 25012 100.0 - -- $6.2013 4P6 ~ T,I n1 See-§§ IV A and IV B of this Schedule. T 12) See § IV D of this Schedule. T 131 Plus fixed fuel factor per Schedule FF and all applicable riders. i T Rate Group C Where the Company furnishes overhead service to metal or concrete poles, Customer T pays the charge under Rate Group C above which includes the Lamp Only Rate plus a pole charge of $1.85 per month. If the existing pole must be replaced for any reason, T I customer will pay the installed cost of such replacement and thereafter will pay the T monthly charge under Group A. RATES FROZEN UNDER SCHEDULE ALS Lamp Monthly Lamo Onlv Lamp Tvoe Wattage kWh Rate Code MV "Security Light"1'1 175 70.0 $ 5.921~~ 4CA;U4CA Lamo + Pole T Rate Code T $ 4CB N 7.7712) T, I $12.4612 4CD N 1 N MV "Security Light"1'1 400 153.5 $10.6121 MV "Flood Light"1'1 400 153.5 $10.61121 4CC;U4CL 4CL $124612 4CM T T,C (Continued on reverse side) Page 23.2 MV "Flood Light""~ 1,000 367.3 $15.561~~ 4CN $17.412 4CO 1'1 See §§ IV C and D of this Schedule. 12) Plus fixed fueffactor per Schedule FF and all applicable riders. RATES FROZEN UNDER RIDER SCHEDULE RLU Rate Per Unit Lamp Lamp Monthly T Tvpe Wa~ kWh ~ Code ~1'I Code LP(31 Code ~ Code 1 ' T MV 1 130;4JA $1.30 140 $2.12 150 -- -- 1001 ~ 10.6 $1.301 T I MV 1751~~ 17.5 $1.5313 160 $1.30 170 $2.3513 180 -- -- - , TI HPS 1001~' 9.6 - - -- -- -- -- $1.5913 190 N 1') Monthly kWh not applicable to P(2). T IZ) See § IV D of this Schedule. T 13 Plus the Fixed Fuel Factor per Schedule FF and all applicable riders. T,C L(1) Rate Designation L applies to the following type Customer: T i. Those in subdivisions containing wood street lighting standards. Ii. Those in subdivisions containing aluminum or concrete standards where the Company has received a contribution from Developer or others covering the higher costs of aluminum or concrete. standards relative to wood standards. P(2) Rate Designation P applies to Customers served in subdivisions where the lights ~ T are installed on aluminum or concrete standards and an agency pays the normal street lighting charges exclusive of the charges for aluminum or concrete standards. This charge does not apply where Company has received a contribution from Developer or others covering the higher costs of aluminum or concrete standards relative to wood standards. LP(3) Rate .Designation LP applies to Customers served. in subdivisions containing ~ T aluminum or concrete standards where no agency pays any of the normal street lighting charges and Company did not receive a contribution for the difference in cost of aluminum and concrete standards relative to wood standards. L(4) As of the effective date of the "Closed" Schedule RLU, existing agreements will be T honored as described in the "Closed" Schedule RLU and all provisions of same will apply. IV. GENERAL PROVISIONS A. The charges shown under "Rate Group A" (Schedule SHL) include the ownership costs including installation, maintenance, energy supply, and control by the T Company of existing staridard street light fixtures and lamps mounted on existing standard wood poles. B. Under "Rate Group B" (Schedule SHL) all street lighting equipment, poles, luminaires, and overhead circuits or underground cables are provided by the Customer in accordance with Company standards. The charges shown under ~ T "Rate Group B" are applicable when the Company furnishes energy at secondary voltage and maintains Customer's system to the extent of replacing burned-out. ~ T lamps, cleaning outer globes, making patrols and inspections, and maintaining control switches at each point of delivery. Any other maintenance, installations, replacements, or removals, shall be done only upon written request and at the expense of the Customer. Rate Group B is also applicable where the Company ~ T IT SCHEDULE LS-E (Continued on next page) SECTION 111 RATE SCHEDULES Page 23.3 ENTERGY TEXAS,. INC. Sheet No.: 44 Electric Service Effective Date: 1-28-09 Revision: 16 Supersedes: LS-E Effective 3-1-99 SCHEDULE LS-E (Cont.) Schedule Consists of: Two Sheets LIGHTING SERVICE TO EXISTING INSTALLATIONS ONLY (CLOSED TO NEW BUSINESS) has installed nonstandard facilities and the Customer has made clump-sum payment to cover the total cost of all such facilities, including the fixture. C. For the rate set forth in § III (Schedule ALS) above, Company will own and maintain existing facilities at its own cost and expense, mounted on an existing wood pole or other support approved by Company. For additional facilities consistirig only of a normally installed wood. pole not in excess of 35 feet and one span of secondary, the Customer pays the Net Monthly T Rate shown under Lamp + Pole which includes the Lamp Only Rate plus $2.69 for T,I such facilities. If the existing pole must be replaced for any reason customerwill T pay the installed cost of such replacement and thereafter the Lamp Only Rate will apply. Company will replace burned-out lamps and otherwise maintain the equipment during regular daytime working hours as soon as practical following notification by Customer. C D. Replacement of burned out bulbs will continue for these lights as long as these bulbs are in inventory. However, when fixtures and/or ballasts must be replaced (where no:inventory exists), Company owned. fixtures will be replaced with an equivalent or similar fixture according to Entergy Standards. V. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen I T (16) days of the billing date shall be the monthly bill, including all adjustments under the rate. schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. If the amount due when rendered is paid prior to such date, the monthly bill, including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall not I C assess a fee, penalty, interest or othercharge to the state for delinquent payment of a bill. SCHEDULE LS-E SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. ELECTRIC SERVICE . SCHEDULE MES Sheet No.: 45 Effective Date: Revision No.: 12-18-98 5 MES Effective 9-22-95 isists of: One Sheet Page 24.1 MISCELLANEOUS ELECTRIC SERVICE CHARGES APPLICABILITY A charge shall be assessed, or credit provided, for the activities and services listed. below in accordance with the provisions and prices herein. II. DESCRIPTIONS Trip Fee A charge of twelve ($12.00) will be made when Company is required to dispatch an employee to a customer's location. Connection A charge of eighteen dollars ($18.00) per event will be made for those services provided in order to connect a Customer's new point of delivery to the Company's electric distribution system or to make connection changes to a Customer's existing point of delivery to the Company's electric distribution system. Reconnection A charge of twelve dollars ($12.00) per event will be made for those services provided in order to reconnect a Customer's. point of delivery to the Company's electric distribution system where service has been terminated or suspended as a result of any electric service bill in arrears, failure of Customer to comply with Terms and Conditions Applicable to Electric Service, prevention of fraud and abuse, or discovery that the Company's property has been subject to damage, interterence or tampering. In unusual cases of abuse or tampering, Company will charge all reasonable ouf-of-pocket expenses necessary to restore its facilities to original condition. Service will not be reconnected until Customer pays the total amount of any funds. due the Company, plus the above charge(s). Seasonal Reconnections A charge of fifteen dollars ($15.00) per event will be made for those services provided in order to reconnect a Customer's summer home,. camp, or similar location to the Company's electric distribution system where service has been disconnected at the request of the Customer. NonSufficient Funds Charge A charge of twelve dollars ($12) will be made for each check received from Customer and not honored for payment by Customer's financial institution. on reverse side): Page 24.2 Temporary Metered Service Connection A charge for temporary service connection and meter installation will be made where distribution lines are readily available and the installation of additional poles and lines is not necessary to provide service to the Customer, as follows: • Twenty-five dollars ($25) on each occasion for residential construction (see New Residential Construction for possible application) • Greater of forty-five dollars ($45) or estimated Company net costs, on each occasion for other temporary service. Where distribution .lines are not readily available, or where additional. poles or -lines are necessary, charges will be derived based upon the Company's extension policies. Customer will be placed on appropriate Company rate schedule(s) for electric service. Payment by Drawdraft and LevelizedlEqual Payment A one dollar ($1.00) per month credit will be provided when Customer currently authorizes drawdraft payments at the due date for services rendered by Company and the drawdraft is honored for payment iri full, and the Customer also has either levelized or equal payment of billing. MES SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Electric Service SCHEDULE MRS Sheet No.: 46 Effective Date: 1-28-09 Revision: 3 Supersedes: MRS Effective 83-84 Schedule Consists of: One Sheet - BIMONTHLY METER READING AND BILLING APPLICABLE TO ALL SCHEDULES OF RATES Page 25.1 At Company's option, meters may be read. bimonthly (every other month), and bills may be ~ T rendered bimonthly, or monthly with an estimated interim bill, except bills based on measured maximum loads. Bimonthly bills will be computed by doubling the Customer Charge or Minimum T Charge and calculating the Energy charge based on the bimonthly readings. SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Sheet No.: 47 Electric Service Effective Date: 1-28-09 Revision No.: 11 Supersedes: AFC Effective 9-1-00 SCHEDULE AFC Schedule Consists of: One Sheet. ADDITIONAL FACILITIES CHARGE RIDER Page 26.1 DESCRIPTION When the Customer requests and Company installs facilities other than those normally furnished for like levels of service to similar customers ("Additional Facilities"), the Customer will enter into an Additional Facilities Agreement ('Agreement") with the ~ T Company and pay td the Company a net monthly charge based on the investment by Company in such Additional Facilities ("Facilities") and the monthly percentages from T either Option A or Option B below, as appropriate. At the execution of each Agreement, the Customer will have aone-time election to select either Option A or Option B for the definition of the monthly rate associated with Company's investment in the Facilities. Any subsequent capital additions, replacements, or modifcations of the Facilities. will be T treated as described in Option A and Option B below. OPTION A Customers that select Option A for the Facilities must pay a net monthly Facilities Charge T ("FC") of one and sixty-four hundredths percent (1.49%) per month of the installed cost of T, R all Facilities included in the Agreement. Subsequent capital modifications or additions to T such Facilities will be subject to the above rate as applied to the cost of the additions or modifications. Subsequent replacement of a Facilities component will be subject to the above rate, as applied to the excess of the cost of replacement over the original installed cost of the replaced Facilities. OPTION B ~ T Customers that select Option 8 for Additional Facilities must define in the Agreement the number of years (the "Recovery Term") that will define the appropriate monthly rates to be applied to the Company's investment. The Recovery Term cannot be longer than 10 years. The following table specifies the monthly percentages for application during the selected Recovery Term and any years following the Recovery Term. These T percentages will apply monthly to the installed cost of all Facilities included in the Agreement. Selected Recovery Monthly % During Monthly % Post- Term (Years) Recovery Term Recovery Term R 1 9.$99% 0.453% R 2 5.468% 0.453% R 3 3.996% 0.453% R 4 3.265% 0.453% R 5 2.830% 0.453% R 6 2.543% 0.453% R 7 2.340% 0.453% R 8 2.191% 0.453% R 9 2.076% 0.453% R 10 7.986% 0.453% on reverse side) Page 26.2 Subsequent modifications and additions to Facilities covered by an Agreement shall be subject to a new Option B Agreement covering the installed cost of such' Facilities, wherein Customer must select a Recovery Term that will define the appropriate monthly rate for application to such installed cost. Subsequent replacement of a Facilities component shall be subject to a new Agreement covering the installed cost of such replaced component and. the customer may select either Option A or Option B for the replacement. If the Agreement covering the replaced item remains in effect because there was not a total replacement of the Facilities covered by the Agreement, the installed costs covered by such Agreement shall be reduced by the original cast of the replaced component. If the replacement occurs prior to the end of the Recovery Term for the replaced component, the replacement installed cost shall be reduced by the salvage value of the replaced component, if any. IV TERM OF AGREEMENT Where the Customer has elected Optidn A, the term shall be from the Effective Date until the greater of (a) a period of ten (10) years, or (b) the period during which Customer receives electric service. from Company. Where the Customer has elected Option B, the term shall be from the Effective Date until the greater of (a) the end of the Customer's elected Recovery Period, or (b) the period during which Customer receives electric service from Company. The "Original Term" of the Agreement shall be the 10-year period if Customer elects Option A, or the Recovery Period if Customer elects Option B. The "Secondary Term" shall be the period following the Original Term during which the Customer receives electric service from Company, irrespective of whether the Agreement far Electric Service has expired or is terminated. Subject to Company's right to discontinue service in accordance with the terms herein and Company's right to remove the Additional Facilities pursuant to Section V herein, the Agreement can be terminated. by the mutual written agreement of both parties or, once the Original Term has been fulfilled, by the written notification of the party wishing to terminate to the other party one (1) year in advance of the desired termination date, whether such termination notice occurs in the Original Term or the Secondary Term. V. REMOVAL CHARGES T IN N IN If the Customer terminates the AFC Agreement prior to the conclusion of the Original Term or fails to make payments in accordance with the terms of the Agreement, the Company reserves-the right to remove the Facilities at Customer's expense. N If the Customer terminates the Agreement in accordance with its terms at the conclusion of the Original Term, and requests in writing the removal of the Facilities, Customer shall pay to Company the total estimated cost of removing the Facilities. N If the Customer terminates the Agreement in accordance with its terms at the conclusion of the Original Term and Company unilaterally elects to remove the Additional Facilities, Company, at its option, shall bear all costs associated with the removal of the Additional Facilities. Company may exercise its right to remove the Additional Facilities at Customer's expense at any time after the Agreement is terminated. VI. PAYMENT The past-due amount for service furnished for which payment is not made within sixteen I T (16) days of the billing date shall be the monthly bill, including all adjustments under the rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount. of such monthly bill above $50.00: If the amount due when rendered is paid prior to such date, the monthly bill shall apply. If providing. service to the state of Texas, I C Company shall not assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULE AFC SECTION III RATE SCHEDULE Page 27.1 ENTERGY TEXAS, INC. Sheet No.: 49 Electric Service Effective Date: 1-28-09 Revision: 3 Supersedes: SC Effective 12-18-98 SCHEDULE SC Schedule Consists of: One Sheet RIDER FOR SOLAR HEAT COLLECTING SYSTEMS APPLICABILITY This rider shall be available to all qualifed Customers who use active solar heat collection systems to provide hot water and/or space heat and utilize electric backup. This rider -may be applied for all buildings constructed after November 3, 1979, and for retrofitted buildings existing before November 3, 1979, where the system being replaced used only electric energy. Installations collecting heat for industrial or commercial process purposes are. excluded. Customer shall agree to allow ETI to periodically ~ T inspect the system and to install additional metering equipment at the building meter point if necessary to determine energy savings. II. CREDIT Customers will receive a credit each month in the amount of $2.00 for the use of a system to provide hot water and. a credit of $4.00 per month for a system to provide hot water and space heat. SECTION III RATE. SCHEDULES Page 28.1 ENTERGY TEXAS, INC. .Sheet No.: 51 Electric Service Effective Date: 8-28-OS Revision: 26 Supersedes: FF Effective 2-29-D8 SCHEDULE FF Schedule Consists of: One Sheet FIXED FUEL FACTOR AND LOSS MULTIPLIERS The Texas retail fixed fuel factor is $0.0703605 per kWh. The loss multipliers by voltage level are: Deliverv Voltage Loss Multiplier Secondary 1.034603 Primary 1.004911 69KV/138KV 0.962921 230KV 0.945741 The corresponding fxed fuel factors by voltage level are Deliverv Voltage Fixed Fuel Factor Secondary $0.0727952 per kWh Primary $0.0707060 per kWh 69KV/138KV $0.0677516 per kWh 230KV $0.0665428 per kWh SECTION III RATE SCHEDULES Page 29.1 ENTERGY TEXAS, INC. Sheet No.: 55 Electric Service Effective Date: 1-28-09 Revision: 7 Supersedes: SOF Effective 12-18-98 SCHEDULE SOF Schedule Consists of: Two Sheets RATE FOR PURCHASES FROM QUALIFYING FACILITIES LESS THAN OR EQUAL.TO 100 KW I. APPLICABILITY This rate is applicable to Qualifying Facilities (QFs) with a design capacity of 100 kW or less who contract, on mutually agreeable terms, with the Company for the sale of energy and for any necessary interwnnections. A QF is defined as a small power production facility or cogeneration facility that qualifies under Subchapter K, Part 292, Subpart B of the Federal Energy Regulatory Commission's Regulations that implement § 201 and § ~ T 210 of The Public Utility Regulatory Policies Act of 1978. INTERCONNECTION COSTS Each OF-shall be obligated to pay all reasonable interconnection costs directly related to ~ T the installation of the physical facilities necessary to permit interconnected operations with the QF. Interconnection costs shall be paid by the OF prior to the purchase of ~ T energy by the Company. III. MONTHLY PAYMENT (A+B-C) A. Energy Payment The amounts to be paid for each kWh supplied to the Company shall be the C avoided cost as determined by averaging the Off-Peak. and Peak centsfkWh for 1MW from the Avoided Energy Cost Estimates for the current year as filed in the Company's most recent annual fling with the Public Utility Commission of Texas. B. Capacity Payment A capacity payment will be made if, as a class, QFs on this rate cause capacity ~ T costs to be avoided by the Company. C. Customer Charge Each QF will pay a monthly Customer Charge to defray Company's billing, metering, maintenance, administrative, and' other expenses necessary to maintain service to the QF. Such a charge also covers normal interconnection costs. for. typical Customers, and varies by voltage level as follows: Delivery Voltaoe Monthly Charge T Secondary Voltage (less than 2.4 kV) $12.35 T Primary Voltage (2.4 kV - 34.5 kV) $22.65 T For additional interconnection costs (as described in § II), over and above those covered above, the QF will pay anon-refundable lump sum charge at the time of installation to cover such coststo the Company. (Continued on reverse sitle) Page 29.2 If special operating and maintenance costs are necessary to support special T interconnection facilities, a monthly charge, in addition to the charges above, may also be required. IV. MONTHLY PAYMENT SCHEDULE OPTIONS The applicable payment shall be the sum of calculations enumerated under one of the following Customer options. Option-1 ° Parallel operation with interconnection through a single meter that measures net consumption:' - A. The Customer selecting this option will operate its system in parallel with that of the Company. The Company will neither meter nor purchase any production by the T OF. The Customer Charge stated in § III of this Schedule will not be applicable under this option. B. The charge for energy supplied to the Custggier by the Company will be. in T accordance with the applicable standard rate schedule. Option-2 Parallel operation with interconnection through a single, bi-directional meter, measuring the OF energy supplied to the Company in one direction and the Company energy supplied to the Customer in the other direction. A. The Company will purchase the OF energy supplied to the Company and the OF will pay a monthly Customer Charge in accordance with § III of this Schedule. B. Company energy supplied to the Customer will be charged in accordance with the applicable standard rate schedule. Option 3 Where the Company supplies the full requirements of the Customer, interconnection will I T be through two meters with one measuring only the total production by the OF and the other measuring only the total energy supplied to the Customer by the Company. A. The Company will purchase all the production by the OF at the rates stated in § III of T this Schedule. The OF will pay the monthly Customer Charge also stated § III. The Customer will purchase energy supplied by the Company in accordance with the applicable standard rate schedule. Option 4 OFs using renewable resources with an aggregate design capacity of 50 kW or less have T the option of interconnecting through a single, bi-directional meter measuring the OF energy supplied to the Company in one direction and the Company energy supplied to the Customer in the other direction. The Customer's system will be operated in parallel with that of the Company. SCHEDULE SOF (Continued on next page) SECTION III RATE SCHEDULES Page 29.3 ENTERGY TEXAS, INC. Sheet No.: 56 Electric Service Effective Date: 1-28-09 Revision: 7 Supersedes: SOF Effective 12-18-98 SCHEDULE SOF (Cont.) Schedule Consists of: Two Sheets RATE FOR PURCHASES FROM QUALIFYING FACILITIES LESS THAN OR EQUAL TO 100 KW AND DISTRIBUTED GENERATORS A. If, in a billing period, the OF energy supplied to the Company is greater than the Company energy supplied to the Customer, the difference between the two energy quantities will be purchased by the Company. The rate for such purchase will be in accordance with § III of this Schedule except the Customer Charge described in § III will not apply. B. If in a billing period, the Company energy supplied to the Customer is greater than T the OF energy supplied to the Company, the.Customer will purchase the difference I between the two energy quantities in accordance with the applicable standard rate schedule. - V. RATE CHANGES BY COMPANY The rates and charges charged the Customer or paid the OF will be the Company's ' T s going rates and charges in effect for like conditions of service to the Customer's or OF T class of service, as provided in the Company's rate schedules, or in effective superseding rate schedules promulgated by the Company which-are filed with, accepted for fling, or approved, as appropriate, by the regulatory authority having jurisdiction thereof. Anything in any contract with the Customer or OF, orany rate schedule to the I T contrary notwithstanding, each and all rates, charges and payments by Entergy Texas in T any rate schedule may be changed by the Company from time to time, at any time; and Company shall have and hereby specifcally reserves the right in all events [o change the rates and charges, it charges or pays in accordance with applicable law and. procedures prescribed by the regulatory authorities having jurisdiction over such rates and charges and to seek and place in effect changes in its rates and charges without the concurrence ~ T or joinder of the Customer or OF. All increases in rates and charges by Company shall apply to service contracted prior to the effective date of the increase as well as service contracted after such effective date.' Such" increased or decreased rates shall be effective from such date with respect to service thereafter furnished to or taken from the Customer or OF even though such changed rate may not then be made effective as to all ~ T rsons within such class because of then existing contract restrictions or because of pe regulatory or governmerital action, delay, or inaction with respect to such rights as may be provided by applicable law and regulatory procedures to contest before the regulatory authority having jurisdiction whether any such changes in rates and charges are just and reasonable. VI. STANDBY OR AUXILIARY SERVICE A OF under this rate schedule will be provided Standby and/or Maintenance Service under Schedule SMS provided the OF installs necessary metering equipment at the expense of the OF. (Continued on reverse side) Page 29:4 VII. VIII BILLING T The Company shall send a statement and payment (if applicable) to the OF on or before the 20th day after the OF's meter is read. The statement shall include the kilowatt-hours delivered to the Company during the previous monthly billing period, the Customer Charge to be paid by the OF and the amount of the per unit energy payments for the month. The statement will also include the net payment due from or to Company for service herein. AMOUNT DUE AND PAYMENT The past due amount for service furnished for which payment is not made within sixteen I T (16) days of the billing date shall be the monthly bill, including all adjustments under the rate schedule, plus 5% of the first $50.00 and 2% of any additional amount of such monthy bill above $50.00. If the amount due when rendered is paid prior to such date, I C the monthly bill, including all adjustments under the rate- schedule sfiall apply. If providing service to the state of Texas, Company shall not assess a fee, penalty, interest- or other charge to the statefior delinquent payment of a bill. SCHEDULE SOF Page 30.3 ATTACHMENT A I T Calculation of Avoided Cost-Entergy Texas, Inc. Description of the Process for Calculating Avoided Cost A. The first step in calculating the actual hourly avoided cost to be paid to OFs is to perform S stem. This is done to remove any differences an economic re-dispatch of the Entergy Y. basis. This is necessary between how each generatorresponds to dispatch instructions and the true mathematics implementation of economic dispatch on an integrated hourly because the economic dispatch mout level with equal ncrementaPwsfs n where each generating unit is operating at an outp m these g. Then all non-firm off-system sales and the cost associated with supply' g wholesale sales are removed and stem'sc generation a and Ispurcliases adownhlthe accomplished by reducing the Sy incremental cost curves by the amount of the- non-firm off-system sales, assigning e stem's retail ratepayers highest wst resources to these sales. This ensures thatthe Sy do not bear the cost of those highest cost dispatchable resources used to supply the non- - fine sale. C, Finally, all OF energy put to the System is removed, and a third and final redispatcfi is done to compute the OF atheie ncrementaOl costtcurrves to replace theramount of the increased by moving them up OF energy. Dispatchable resources include those generators on, economic dispatch, non-firm purchases entered into by the System Dispatchers but removed during step I.B above, energy that would have be headetlebmination of emergency salesoand rejected sales, and rejected purchases. (T purchases is described more fully below.) This final redispatch rs performed in t e following order: ~ , Subject to the notice provisions set forth in this step, emergency sales during low load conditions are backed down from theiractiolthe highestrpncedlemergency lowest priced emergency sale and working up sale. The total amount of emergency sales backed down is limited to the amount of actual OF energy. If the amount of actual OF energy is greater than the total amount of emergency sales, the process proceeds to the next step. If notice of an emergency. sale is glsale shall be30nc urded n theda oided cost celculationth If price of the emergency therprice of then sarleawilenot be inclluded in the avoided cost talc cation, sale, t en 2. Subject to the provisions of this paragraph, rejected next day purchases are included up to the total amount of purchases that allicadonbof the critena set forth day purchases° for purposes of this process by pp I below. The rejectiurchases iincluded isrlimited to theresser of a) the forrecasted rejected next day p in an hour. Once OF energy for the hour, or b) 75% of the actual QF urG~ases are included, the either of these limits is met or aThe process fortdentifying avoided cost rejected process proceeds to next step. purchases is described in II.F below. Page 30.4 3. The remaining dispatchable resources (generation, rejected current day purchases, and single hour purchases that were made but backed. dawn during step I.B as a source of an off-system sale) are dispatched up their incremental cost curves by the remaining amount of actual OF energy. The portion of rejected curtent day purchases permitted. to be utilized as an input in this step shall be those rejected current day purchases first received in date-time order, but not in excess of 75% of the amount of actual OF energy in any hour less the amount replaced in the previous step by rejected next day purchases. D. In the final redispatch, for those dispatchable resources identified in the final redispatch whose output was increased to replace the OF energy that was removed in the final redispatch, an average incremental cost is computed by taking the average of the incremental cost at the output level for the resource prior to the redispatch and the incremental cost at the output level for the resource after the redispatch. An O&M and SOz adder is added to the average incremental. cost for all fossil generation. The OF avoided cost computed is the weighted average of the average incremental cost for all sources weighted by the MWh contributed by each source. This value is applied to the MWh from each OF to determine payments for the applicable hour. II. Description of Factors Utilized in Determining Avoided Cost A. Fuel Costs The incremental fuel cost used in the avoided cost calculation is the estimated cost of incremental fuel used in the Intra-System Bill per the Entergy System Agreement. Thus, the calculation uses an hourly incremental fuel cost instead of a monthly average fuel cost. B. Incremental Operating and Maintenance Costs: The avoided cost includes an incremental O&M adder as used in the. Entergy's System Agreement Schedule MSS-3. C. Line Losses: Loss factors are applied to the Entergy generation units based on the results of calculations in the Entergy Generation Management System (GMS). Penalty factors are computed for line losses and applied to the generation dispatch curves. D. Heat Rates: Generation unit heat rate curves are based on the results of tests performed on each unit. Unit efficiency data is revised periodically on the units. E. Cost of purchases from other sources: Purchases for which commitments have been made for no more than one hour and that were used in the costing of non-firm off-system sales are considered dispatchable resources and are included in the avoided cost calculation. Page 30.5 Purchased Power Opportunity -Rejected Purchases Rejected Purchases are those offers far next day or current day economy energy that Entergy rejects due to projected puts of OF energy to the Entergy System. Process for Identifying Avoided Cost Rejected Purchases Each morning, the Entergy System develops a resource plan to meet the following day's forecasted load in a reliable and economic manner. It takes into consideration generation availability, fuel cost and availability, purchased energy cost and availability, and projected OF energy. Decisions on purchases are made by comparing purchased power costs with Entergy's projected system incremental cost for the period corresponding to that for which the purchase would be made. Next day on-peak Avoided Cost Rejected Purchases are identified as those next day purchases that would not have been rejected if there had been no projected OF energy. The Operations Planning group develops a projected incremental cost far the System that excludes the projected OF energy, called the "Altemate Price°. This price is used to determine whether or not a purchase would have been entered into but for the OF put. For purposes of identifying. next day off-peak Avoided Cost. Rejected Purchases, the System also determines an acceptable threshold. price based'on then prevailing market conditions, which is called the °Off Peak Price Cap.° .The off peak price cap serves as a proxy for the target price that would have been used in determining whether an off-peak next day purchase that had been offered at a particular price would have been taken at the time it was offered. The Off Peak Price Cap for any given hour will be the lower of (1) the Alternate Price or (2) the greater of the highest cost actual daily block purchase: or 125% of an appropriate market index price (such as, but not exclusively, °Into-Entergy") for off-peak deliveries that was published on the prior day for that hour. The Off Peak Price Cap is used in the avoided cost calculation to reflect the fact that, particularly when purchases are offered for an off-peak period, a next. day purchase that is offered at a price below the System's then-current projected incremental cost may be rejected based on an expectation that energy will be available during that period at a lower cost. For example, if Entergy's gas-fired generation has a cost of $40/MWh and is projected to be on the margin during off-peak hours, Entergy would reject an offer to purchase energy at $38/MWh because off-peak energy is generally available at a much lower price, regardless of the amount of OF power. If the Entergy System is unable to accept an offer for economy energy due to the OF energy that is expected to be put to the System, Entergy records the rejected purchase as an °Avoided Cost Rejected Purchase.° An Avoided Cost Rejected Purchase may be either a rejected next day purchase or a rejected current day purchase. The criteria used by the traders for identifying rejected purchases as Avoided Cost Rejected Purchases for purposes of the avoided cost calculation are the price of the offer and the amount of OF energy forecasted for the relevant period. Only "valid° offers are considered. An offer is a °valid° offer when it inctudes the price, quantity, start fime, and duration. For this process, the price of a valid offer must be lower than the Altemate Price during on- peak periods and lower than Off Peak Price Cap during off-peak periods: Fbr an offer to be tialid° it must have also. been made by a potential seller from which Entergy would have otherwise accepted the offer. Page 30.6 The Entergy System provides an estimate of the amount of OF energy for the following day. The next day traders record rejected next day purchases as Avoided Cost Rejected Purchases up to the estimated amount of the QF energy that will be put to the System. These next day rejections are recorded in date time order. Any next day rejections that are recorded after rejected purchases have beeh recorded in the amount of the estimated OF energy for the pertinent time period are not used in the avoided cost calculation. The current day traders record rejections based on the difference between the projected hourlyOF energy and the rejections already recorded by the next day traders. G. Emergency Sales At times, the Eritergy System. dispatchers may be required to make sales at less than the Entergy System incremental costs. These sales are made in order to maintain minimum stable operating levels without curtailing OF production or in order to minimize the level of such curtailments. These sales are referred to as emergency sales. The cost for emergency sales used in the avoided cost calculation is the price received for the sale, as the energy sold would have been available to serve Entergy's customers but_ for the emergency sale at that price. If ETl reasonably believes that it will be required to make emergency sales, ETI wile T attempt to provide OF's with two hours notice of those sales. If notice of an emergency T sale is given at least 30 minutes in advance of the sale, then the price of the emergency sale shall be included in the avoided cost calculation. If notice is not given at least 30 minutes in advance of the emergency sale, then the price of the sale will not be included in the avoided cost calculation. ETI will provide to OFs a monthly report identifying all- ~ T Emergency Sales made in the previous month, including the corresponding times and magnitudes of such sales. In the event that ETI makes an Emergency Sale that is in T excess of 500 MWh in any single hour,. ETI shall make a representative available if so T requested by a OF within 30 days of such request. The requesting OF is responsible for notifying all other QFs of the scheduled date, time, and place of the meeting. ETI shall only be obligated. to attend one meeting with OFs for each month during which it has an ~ T emergency sale of 500 MWh or more in a single hour, Other energy-related costs: The avoided cost includes a sulfur dioxide (SO2) adder as used in Entergy's System Agreement Schedule MSS-3. s +t SECTION III RATE SCHEDULES Page 31.1 ENTERGY TEXAS, INC. Sheet No.: 58 Electric Service Effective Date: 1-28-09 Revision: 5 Supersedes: SMO Effective 12-18-98 SCHEDULE SMS Schedule Consists of: Two Sheets STANDBY AND MAINTENANCE SERVICE I. APPLICABILITY This rider is applicable to customers who have their own generation equipment and who contrail for Standby and Maintenance Service from the Company. II. MODIFICATION OF REGULAR RATE SCHEDULE Service taken under this schedule may be in addition to service provided by the Company under other rate schedules. The regular rate schedule in such case, if applicable, will be modified by the addition of §§ III and IV of this Schedule. In T consideration of these modifications, the first sentence of the "Use of Service" Section of the regular rate schedule is eliminated. DETERMINATION OF BILLING DEMANDS AND ENERGY QUANTITIES A. Standby Service (1) The monthly billing demand for Standby Service shall be the greater of the contracted Standby Service demand or the actual Standby Service demand taken during the 12 month period ending with the. current month. The Company is not obligated to furnish Standby Service power in excess of the nameplate rating of the Customer's largest generator. Requirements purchased from EGSI in excess of this amount shall be purchased under Maintenance Service (§ IV) or the appropriate firm T power rate schedule. (2) In the case where a Customer purchases firm power or interruptible power from the Company under another rate schedule in addition to selling power to the Company, the ailual standby service demand shall be the difference between the Customer's maximum demand registered. on the meter during the standby period and contrail power as established under contract for fine power. The Customer is required to notify the. Company of the time periods when standby service is being taken. This notification must be made within 24 hours of the beginning. and end of usage to avoid increasing the Customer's contract power for fine load. (Continued on reverse side) Page 31.2 (3) The energy associated with the actual Standby Service demand taken shall be:. _ .. _~ . a. As metered, or b. For Customers who purchase firm power from the Company under another rate schedule; as computed by taking the total energy used during each hour of the standby period and subtracting the average energy used for the five hours prior to the beginning of the standby period. B. Maintenance Service Maintenance Service will be available on 24-hour prior notice only during such times and at such locations that, in Company's sole opinion, will not result in affecting adversely or jeopardizing firm service to other Customers, prior commitments for Maintenance Service to other Customers, or commitments to other utilities. Arrangements-and scheduling of Maintenance Service will be agreed in writing in advance of use or confirmed in writing 'rf arranged verbally. Where there are applications from more thah one Customer, or Service applied for is more than Company has available, Company will allocate and' schedule available service, in its final judgment, and curtail or cancel application. Where Maintenance Service stands requested, agreed and schedules, but not taken, Customer will be obligated to pay for such service same as scheduled, if Company has refused. to supply some other Customer similar service in order to limit total Maintenance Service to that which Company considers available. Maintenance Service will be scheduled for a continuous period of not less than one day. (1) The billing-demand for Maintenance Service will be the greater of 90% of the scheduled Maintenance Service demand or the actual Maintenance Service demand taken. The Company is not obligated to furnish Maintenance Service power in excess of that which is scheduled. Where Maintenance Service was scheduled to begin or end on other than a regular monthly meter reading date, the monthly bill will be computed on a prorated basis with the Billing Load which indudes Maintenance Service effective only for the days Maintenance Service was scheduled. (2) In the case where a Customer purchases firm power from the Company under another rate schedule, the actual Maintenance Service demand shall be the difference between the Customer's maximum demand registered on the meter during the maintenance period and contract power as established under contract for fine power. (3) The energy associated with the actual maintenance service demand taken shall be: a. As metered, or b. For Customers who purchase fine power from the Company under another rate schedule; as computed by taking the total energy used during each hour of the maintenance. period and subtracting ttie average energy used for the five hours prior to the beginning of the maintenance period. . - SCHEDULE SMS (Continued on next page) SECTION III RATE SCHEDULES Page 31.3 ENTERGY TEXAS, INC. Sheet No.: 59 Electric Service Effective Date: 1-26-09 Revision: 5 Supersedes: SMO Effective 12-18-98 SCHEDULE SMS (Coot:) Schedule Consists of: Two Sheets STANDBY AND MAINTENANCE SERVICE IV. NET MONTHLY CHARGES A. Monthly Load Charge (1) The Monthly Load Charge for Standby Service shall be $1.12 per kW of Billing Demand as determined in §§ III.A.1 and III.A.2. ~ T (2) The Monthly Load Charge for Maintenance Service shall be $1.12 per kW, for the billing. months of May through October and $0.84 per kW, for the billing. months of November through April, of Billing Demand as determined in T §§ IILB.1 and 111.8.2. B. The Monthly Energy Charge shall be the kWh as determined in §§ III.A.3 and/or T . 111.6.3 times the total of the applicable charges shown below plus the system T hourly avoided energy cost for the current month. On-Peak Off-Peak Delivery Voltage Per kWh Per kWh ~ T Distribution (less than 69FCV) $0.03386 $0.00514 T Transmission (69KV and greater) $0.02334 $0.00211 T [Summer: On-peak hours, for purposes of this schedule, are 1:OD p.m. to 9:00 p:m. Monday through Friday of each week beginning on May 15 and continuing through October 15 of each year except that Memorial Day, Labor Day and Independence Day (July 4 or the nearest weekday if :luly 4 is on a weekend) are not. on-peak. Winter: On-peak hours for each week of Monday through Friday beginning October 16 and continuing through May 14 of each year are 6:00 a.m. to 10:00 a.m. grid 6:00 p.m. to 10:00 p.m., except that Thanksgiving Day, Christmas Day and. New Year's Day (or the nearest weekday if the holiday should fall on a weekend) are not on-peak. Off-peak hours, for purposes of this schedule, are all hours of. the year not specified as on-peak hours. With approval of the Commission, Company may at its sole discre5on change the on-peak hours and season from time to time. (Continued on reverse side) Page 37.4 V. CONDITIONS OF SERVICE A. Customer and Company will agree on operating procedures, and control and protective devices which will limit the taking of power from Compan~s system to amounts which will not adversely affect service to Company's other Customers. When Customer's generating equipment is operated in parallel with Company's suitable relays, control and protective apparatus will be fumished and maintained by Customer in accordance with specifications agreed to by Company, and subject to inspection by Company's authorized representatives at all reasonable times. B. The term for service under this rider schedule shall be such as may be agreed upon but not less than drie year.. C. Where Customer's power factor of total service supplied by Company is such that 90% of measured monthly maximum kVA used during any 30-minute interval exceeds corresponding measured kW, Company will use 90% of such measured maximum kVA as the number of kW far all purposes that measured maximum kW demand is specified herein. However, where Customer's power factor is regulady 0.9 or higher Company may at its option omit IiVA metering equipment or remove same if previously installed. D. Schedule SMS will normally be billed on a monthly basis or such other period as determined by Company. However, where use of service includes recurring switching of load to Company's system, normally supplied from Customer's generating facilities, for intervals shorter than so stipulated above, Company may determine billing load by metering having shorter intervals. VI. GROSS MONTHLY BILL AND PAYMENT The gross monthly bill for service furnished for which payment is not made within sixteen (16) days of the billing date shall be the net monthly bill, including all adjustments under ~ T the rate schedule and applicable riders, plus 6% of the frst $50.00 and 2% of any additional amount of such net monthly bill above $50.00. If the monthly bill is paid prior to such dates, the net monthly bill, incuding all adjustments underthe rate. schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall ( C not assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. SCHEDULE SMS SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Sheet No.: 60 Electric Service Effective Date: 1-28-09 Revision No.: 1 - Supersedes: NUS Effective 12-18-98 SCHEDULE NUS Schedule Consists of: One Sheet Plus Attachment A NEW/UNBUNDLED SERVICES PLAN RIDER L .APPLICATION Page 32.1 This NewNnbundled Services Plan ("Plan") Rider NUS ("Rider").defines the procedures to add,. unbundle and eliminate service and product dfferings, and to provide new pricing options. II. DEFINITIONS A. Basic Services "Basic Services" are those Company services related to the- continuing provision of electric service provided by facilities of less than 69 kV voltage, and related. operations, and the provision of billing, information and ancillary services, unless such services are identified as Non-Basic Services, as defined below. Basic Services are provided pursuant to the Company's rate schedules, except for those identified as Non-Basic Service Rate Schedule(s) (defned below), and associated riders. B. Non-Basic Services Non-Basic Services" are those services or activities that cause the Company to incur or avoid costs directly attributable to a customer's request or action and/or that provide a discretionary offering to the customer, which services and activities are generally described and provided pursuant to rate schedules and policies specified in Attachment A to this Rider ("Non-Basic Service Rate Schedules"). III. NEW SERVICES/UNBUNDLINGS/ELIMINATIONS A. General The Company-may add, unbundle or eliminate services or products and provide new pricing options in accordance with the provisions of this Rider, so long as the Parameters specified in § IV are satisfied. The review process for any filings of proposed T additions, rectassifications, eliminatidns or new options is as specified in § V. Described T below are the specific types of filings that can be made under this Plan. B. New Services. The Company may provide a new service, product or pricing option (a °New Service"). Such event shall be reflected, as appropriate, by creation of, or revision of, Company rate schedule(s). -~i'" ... z.~ x' -..~ _ ~ .- -. (Continued on reverse side) Page 32.2 C. Unbundlings The Company may unbundle, as a Non-Basic Service, a service or activity previously provided as part of Basic Services (an "Unbundled Service"). Such event shall be reflected, as appropriate, by creation of, or revision of, Non-Basic Services Rate Schedule(s). D. Eliminations The Company may cease to offer a service or activity previously provided as a Non- Basic Service (an "Eliminated Service"). Such event shall be reflected, as appropriate, by timely elimination of, or revision of, Non-Basic Services Rate Schedule(s). IV. PARAMETERS FOR NEW SERVICESIUNBUNDLINGS/ELIMINATIONS A. The price of a New Service or an Unbundled Service must exceed the incremental costs to provide such New Service or Unbundled Service. B. A New Service or Unbundled Service offering shall be voluntary to customers. C. A New Service or Unbundled Service offering shall be made available to all similarly situated customers. D. If the price of a New Service or an Unbundled Service is-below fully-allocated embedded costs, the difference between the price and the fully allocated embedded costs will be borne by the Company and not borne by the Company's other customers. E. An Eliminated Service must be shown to have a lack of an appropriate level of market demand or must be shown to be competitive. V. REVIEW AND APPROVAL PROCESS A. Filings of proposed New Service(s), Unbundled Service(s) or Eliminated Service(s) (a "Plan Filing°) shall be made ninety (90) days in advance of the proposed effective date. I C Company- shall provide to the Staff of the Commission ("Staff') supporting documentation and workpapers to prove that the Parameters are satisfied. B. A Plan Filing will be considered approved ninety (90) days after the filing date unless, within such ninety (90) days, a party requests and the Commission approves that the Plan Filing be docketed. If so docketed, the traditional suspension period for tariff review will apply. SCHEDULENUS Page 32.3 ATTACHMENT A TO RIDER' NUS NON-BASIC SERVICES RATE SCHEDULES SOURCE (RATE SCHEDULESIPOLICES) Miscellaneous Electric Services Tariff, Rate Schedule MES Basic Service Rate Schedules .Overhead Extension Policy Underground Extension Policy Additional Facilities Charge Rider, Rider AFC Company's other Streetand Outdoor Lighting tariffs Various miscellaneous services and activities Late payment charges Overhead extensions Underground extensions Additional facilities Installed and leased lighting T ~~ SECTION III RATE SCHEDULE ENTERGY TEXAS, INC. Electric Service . SCHEDULEIPODG Page 33.1 Sheet No.: 61 Effective Date: 1-28-09 Revision: 1 Supersedes: IPODG Effective B-6-01 Schedule Consists of: Two Sheets Pius Exhibit A and Attachments A R B INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION AVAILABILITY Entergy Texas, Inc. ("Company") shall interconnect distributed generation as described in I T Public Utility Commission of Texas ("PUCT' or "Commission") Substantive Rules §25.211 and §25212 pursuant to the terms of the Agreement for Interconnection and Parallel Operation of Distributed Generation which is incorporated herein as Attachment A. II. APPLICATION FOR INTERCONNECTION A person seeking interconnection and parallel operation of distributed generation with Company must complete and submit the Application for Interconnection and Parallel Operation of Distributed Generation with the Utility System, which is incorporated herein. as Attachment B. III. PRE-INTERCONNECTION STUDY A pre-interconnection-study may be required and conducted by Company or by the Company's authorized agent. Apre-interconnection study is an on-site analysis used to determine the interconnection requirements and the system voltage-for providing parallel service to a customer with distributed generation ("DG") and an engineering analysis that determines whether the presence of the DG unit at a particular location would interfere with the protective fusing. and relaying on the distribution system. ItinGudes an analysis of the DG contribution to power flow, VAr flow, available fault current, effects on switched capacitors and effects on voltage under normal and worst case situations. It mayvary in scope, but it results in the minimum information for attaching a small DG unit at a particular location on the distribution system or results in identifying the necessity of further studies for a larger unit. The cost of the pre-interconnection study shall be borne by the wstomer pursuant to PUCT Substantive Rule §25.211. (Continued on reverse side) Page 33.2 A. Fees Table 1. Non-Exporting Distributed Generation Units Non-Ex ortin 0 to 10 kW 10+to 500 kW 500+to 2000 kW 2000+to 10,000 kW 1. Precertified, - - - not on network - NA - NA ~ $225 $225 2. Not pre-certified; not on network $225 -$225 $225 $225. 3. Precertifed, on network NA NA $225 ~ $225 4. Not pre-certified, -- - - on network $225 ~ $225 $225 $225 Table 2. Exporting Distributed Generation Units Ex ortin 0 to 10 kW 10+ to 500 kW 500+ to 2000 kW 2000+ to 10,000 kW 1. Precertified, - noton network $225 $300 $1403 $2205 2. Not precertified, naton'network $225 $500 ~ $1976- $2644 3. Precertified, _ on network $500 $1300 ~ $2900 $3700 4. Not precertified, On network $500 $1850 $3440 $5000 B. Fee Applicability 1. No fee is charged for any pre-certified (according to PUCT definition) DG unit up to 500 kW that exports not more than 15% of the total load on a single radial feeder and contributes not more than 25% of the maximum potential short-circuit current on a single radial feeder, 2. No fee is charged for any pre-certified (according to PUCT definition) distributed inverter based generation unit up to 20 kW connected to a distribution network. 3. For any pre-certified DG unR up to 500 kW that exceeds the limits defined in A above, or any pre-certified DG unit abpve 500 kW, the .above fees apply as required for ariy pre-interconnection studies required by the Company. 4. For any non-certified DG unit, the above fees apply as required for any pre- interconnection studies required by the Company. 5. The above fees apply for any pre-interconnection studies required by the Company for interconnection of DG to either radial feeders or distribution networks ., _ SCHEDULE IPODG (Continued on next page) SECTION III RATE SCHEDULE ENTERGY TEXAS, INC. Electric Service SCHEDULEIPODG Page 33.3 Sheet No.: 62 Effective Date: 1-28-09 Revision: 1 Supersedes: IPODG Effective 8-6-01 Schedule Consists of: Two Sheets Plus Exhibit A and Attachments A & B INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION IV. V. VI. TERMSAND CONDITIONS OF SERVICE The terms and conditions under which interconnection of distributed generation is to be provided are contained in PUCT Substantive Rules §25.211 and §25.212, which are. incorporated herein by reference, and in the Agreement for Interconnection and Parallel Operation of Distributed Generation, which is incorporated herein. The rules are subject to change from time to time as determined by the Commission. Such changes shall be automatically applicable hereto based upon the effective date of any Commission order or rule amendment. STUDIES AND SERVICES All charges for pre-interconnection studies that are required to be undertaken by the Company prior to interconnection must be agreed to and paid by the Customer prior to commencement of the study. Customer and Company may enter into other negotiations and agreements which may be subject to approval by the Commission. RELATED TARIFFED SERVICES Other services as described below may be provided as requested by the customer pursuant to negotiations and agreement by the customer and Company and may be subject to approval by the Commission. Standby and Maintenance Service: Applicable and available to the requirements at the site of the DG and only to customers who have their own generation equipment and who contract for standby and maintenance service pursuant to Schedule SMS, Standby and Maintenance Service: ~ D Supplemental Service: Applicable and available to the requirements at the site of the DG and only to customers who have their own generation equipment but who also require firm power service in addition to service provided under Schedule SMS, Standby and Maintenance Service. Supplemental Service may be provided under any of the Company's rate schedules applicable to customer's requirements at the site of the DG only. ~D SCHEDULEIPODG Page 33.4 EXHIBIT A LIST OF FACILITY SCHEDULES AND POINTS OF INTERCONNECTION Facility Schedule No. Name of Point of Interconnection [Insert Facility Schedule number and name for each Poinfof Interconnection] Page 33.5 FACILITY SCHEDULE NO. [fhe following information is tc be specified for each Point of Interconnection,rfapplicable.] 1. Name: 2. Facility location: 3. Delivery voltage: 4. Meterino (voltage location losses adjustment due to meterino location and other): 5. Normal Operation of Interconnection: 6. One line diaoram attached (check one): Yes / No 7. Facilities to be furnished by Comoahv: 8, Facilities to be furnished b y Customer: 9. Cost Responsibility: 10. Control area interchange p oint (check one): Yes 1 No 11. Supplemental terms and conditions attached (check one): _ Yes 1 No ENTERGY TEXAS, INC. [CUSTOMER NAME] ~ T BY: BY: DATE: DATE: Page 33.6 ATTACHMENTA AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION This Interconnection Agreement ("Agreement? is made and entered into this day of 20_, by Entergy Texas, Inc (°Company"), and (°Customer ), a [specify whether corporation, and if so name state, municipal corporation, cooperative corporation, or other], each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the °Parties°: In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Scope of Agreement -This Agreement is'applirable to conditions under: which the Company and the Customer agree that one or more generating facility or facilities of ten MW or less to be interconnected at 60 kV or less (°Facility or Facilities' may be interconnected to the. Company's utility system, as described in Exhibit A. 2. Establishment of Point(s) of Interconnection -Company and Customer agree to interconnect their Facility or Facilities at the Iccations specifed in this Agreement, in accordance with Public Utility Commission of Texas Substantive Rules § 25.211 relating to Interconnection of Distributed Generation and § 25.212 relating to Technical requirements for Interconnection and Parallel Operation of On-Site Distributed Generation, (16 Texas Administrative Code §25.211 and. §25.212) (the 'Rules") or any successor rule addressing distributed generation and as described in the attached Exhibit A (the "Point(s) of Interconnection°). 3. Responsibilities of Company and Customer -Each Party will, at its own cost and expense; operate, maintain, repair, and inspect, and shall be fully responsible for, Facility or Facilities which it now or hereafter may own unless otherwise specified on Exhibit A. Customer shall conduct operations of its facility(s) in compliance with all aspects of the Rules, and Company shall conduct operations on its utility system in compliance with all aspects of the Rules, or as further described and mutually agreed to in the applicable Facility Schedule. Maintenance. of Facilities or interconnection facilities shall be perfonned in accordance with the applicable manufacturer's recommended maintenance schedule. The Parties agree to cause their Facilities or systems to be constructed in accordance with specifications equal to or greater than those provided by the National Electrical Safety Code, approved by the American National Standards Institute, in effect at the time of construction. Each Party covenants and agrees to design, install, maintain, and operate, or cause the design, installation, maintenance, and operation of, its distribution system and related Facilities and Units. so as to reasonably minimize the likelihood of a disturbance, originating in the system of one Party, affecting orimpairing the system ofthe other Party, or other systems with which a Party is interconnected. Company will notify Customer if there is evidence-that the Facility operation causes disruption or deterioration of service to other customers served from the same grid or if the Facility operation causes damage 4o Company's system. Customer will notify Company df any emergency or hazardous condition or occurrence. with the Customer's Unit(s) which could affect safe operation of the system. T (Continued on reverse side) Page 33.7 4. Limitation of Liability and Indemnification a. Notwithstanding any other provision in this Agreement, with respect to Company's provision of electric service to Customer, Company's liability tb Customer shall be limited as set forth in Terms and Conditions Applicable to Electric Service of Company's PUCT-approved tariffs and terms and conditions for electric service, which is incorporated herein by reference. b. Neither Company nor Customer shall be liable to the other for damages for any act that is beyond such party's control, including any event that is a result of an act of God, labor disturbance, act of the public enemy, war, insurrection; riot, fire;. storm or flood, explosion, breakage or accident to machinery or equipment, a curtailment; order, or regulation or restriction imposed by governmental, military, orlawfully established civilian authorities, or by the making ofnecessary repairs upon the property or equipment oYeither party. c. Notwithstanding Paragraph 4.b of this Agreement, Company shall assume all liability for and shall indemnify Customer for any Gaims, losses, costs, and expenses of any kind or character to the extent that they result from Company's negligence in connection with the design, construction, or operation of its facilities as described on Exhibit A; provided, however, that Company shall have no obligation to indemnify Customer for Gaims brought by claimants who cannot recover directly from Company. Such indemnity shall, include, but is not limited to, financial responsibility far: (a) Customer's monetary losses; (b) reasonable costs and expenses of defending. an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Customer; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Company be liable for consequential, special, incidental or punitive damages, including, without limitation; loss of profits, loss of revenue, or loss of production. The Company does not assume liability for any costs for damages arising from the disruption of the business of the Customer or for the Customer's costs and expenses of prosecuting or defending an actiori or claim against the Company. This paragraph does not create a liability on the part of the Company to the Customer or a third person, but requires indemnification where such liability exists. The limitations. of liability provided in this paragraph do not apply in cases of gross negligence or intentibnal wrongdoing. d. Notwithstanding Paragraph 4.b of this Agreement; Customer shall assume all liability for and shall indemnify Company for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Customer's negligence in connection with the design, construction, or operation of its facilities as described. on Exhibit A; provided, however, that Customer shall have no obligation to indemnify Company for Gaims brought by claimants who cannot recover directly from Customer. Such indemnity shall include, but is not limited to, financial responsibility for: (a) Company's monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Company; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Customer be liable for consequential, special, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Customer does not assume liability for any costs for damages arising from the disruption of the business of the Company or for the Company's costs and expenses of prosecuting or defending an action or claim against the Customer. This paragraph does not create a liability on the part of the Customer to the Company or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or Intentional wrongdoing. ATTACHMENTA (Continued on next page) Page 33.8 e. Company and Customer shall each be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the pointof delivery. The Company does not assume any duty of inspecting the Customer's lines, wires, switches, or other equipment and will not be responsible therefor. Customer assumes all responsibility for the electric service supplied hereunder and the facilities used in connection therewith at or beyond the point of delivery, the point of delivery being the point where the electric energy first leaves the wire or facilities provided and owned by Company and enters the wire or facilities provided by Customer. f. Fbr the mutual protection of the Customer and the Company, only with Company prior authorization are the connections between the Company's service wires and the Customer's.: service entrance conductors to be energized. 5. Right of Access, Equipment Installation, Removal 8 Inspection -Upon reasonable notice, the Company may send a qualified person to the premises of the Customer at or immediately before the time the Facility first. produces energy to inspect the interconnection, and observe the Facility's commissioning (including any testing), startup, and operation for a period of up to no more than three days after initial startup of the unit. Following the initial inspection process described above, at reasonable hours, and upon reasonable notice, or at any time without notice in the event of an emergency or hazardous condition; Company shall have access to Customer's premises for any reasonable purpose in connection with the performance of the obligations imposed on it by this Agreement or if necessary to meet its legal obligation to provide service to its customers. 6. Disconnection of Uhit -Customer retains the option to disconnect from Company's utility system. Customer will notify the Company of its intent to disconnect by giving the Company at least thirty days' prior written notice. Such disconnection shall not be a termination of the agreement unless Customer exercises rights under § 7. ~ T Customer shall disconnect Facility from Company's system upon the effective date of any termination under § 7. ~ T Subject to Commission Rule, for routine maintenance and repairs on Company's utility system, Company shall provide Customer with seven business days' notice of service interruption. Company shall have the right to suspend service in cases where continuance of service to Customer will endanger persons or property. During the forced outage of the Company's utility system serving customer, Company shall have the right to suspend service to effect immediate repairs on Company's utility system, but the Company shall use its best efforts to provide the Customer with reasonable prior notice. 7. Effective Tenn and Termination Rights -This Agreement becomes effective when executed by both parties and shall continue in effect until terminated. The agreement may be terminated for the following reasons: (a) Customer may terminate this Agreement at any time, by giving the Company sixty days' written notice; (b) Company may tehninate upon failure by the. Customer to generate energy from the Facility in parallel with the Company's system within twelve months after completion of the interconnection; (c) either party may terminate by giving the other party at least sixty days prior written- notice that the other Party is in default of any of the> material terms and conditions of the Agreement, so long as the notice specifies the basis for termination and there is reasonable opportunity to cure the default; or (d) Company may terminate by giving Customer of least sixty days notice in the event that there is a material change in an applicable rule orstatute. (Continued on Page 33.9 8. Governing Law and Regulatory Authority -This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. -This Agreement is subject to, and the parties' obligations hereunder inGude, operating in full compliance with all valid, applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, orders of, and tariffs approved by; duly constituted regulatory authorities having jurisdiction. 9. Amendment -This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. 10. Ehtirety of Agreement and Prior Agreements Superseded -This Agreement, including all attached Exhibits and Facility Schedules, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the interconnection of the facilities of the Parties at the Points of Interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, incuding without limitation [specify any prior agreements being superseded], and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 11. Notices -Notices given under this Agreement are deemed to have been duly delivered. if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: (b) If to Customer: The above-listed names, titles, and addresses bf either Party may be changed by written notification to the other, notwithstanding § 10. 12. Invoicing and Payment -Invoicing and payment terms for services associated with this agreement shall be consistent with applicable Substantive Rules of the PUCT. 13. No Third-Party Beneficiaries -This Agreement is not intended to and does not create. rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and, where permitted, their ' assigns. IT ATTACHMENT A (Continued on next page) Page 33.10 14. No Waiver -The failure of a Party to this Agreement to insist, on any occasion, upon strict pertormance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 15. Headings -The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference onty and are to be afforded no significance iri the interpretation or construction of this Agreement. 16. Multiple Counterparts -This Agreement may be executed in two ormore counterparts, each of which is deemed an original but all constitute one and the same instrument. IN WITNESS WHEREOF; the Parties have caused this Agreement to be signed by their respective duly authorized representatives. ENTERGY TEXAS, INC [CUSTOMER NAME]' T BY: DA BY: DA ATTACHMENT A Page 33.11 ATTACHMENT B APPLICATION FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION WITH THE UTILITY SYSTEM Return Completed Application tc: [Entergy -Texas, Inc.] ~ T [Attention: Manager, Distribution Planning [Company address] ' [Company address] Customer's Name: Contact Person: Telephone Number. Service Point Address: Information Prepared and Submitted By: (Name and Address) Signature The following information shall be supplied by the Customer or Customer's designated representative. All applicable items must be accurately completed in order that the Customer's generating facilities may be effectively evaluated by Entergy Texas, Inc. for interconnection with ~ T the utility system. GENERATOR Number of Units Number of Phases: ,. - F~equency: - Manufacturer: Type (Synchronous, Induction, or Inverter): Fuel Source Type (Solar, Natural Gas, Wind, etc.): Kilowatt Rating (95° F at location) Kilovolt-Ampere Rating (95° F at.location): Power Factor: Voltage Rating: Ampere Rating: (Continued orereverse Page 33.12 Do you plan to export power: Yes / No If Yes, maximum amount expelled: Pre-Certification Label or Type Number: Expected Energizing and Start-up Date: Normal Operation of Interconnection: (examples: provide power to meet base load, demand management, standby, back-up, other (please describe)) One-line diagram attached: Yes Has the generator Manufacturer supplied its dynamic modeling values to the Host Utility? Yes [Note: Requires a Yes for complete application. For Pre-Certified Equipment answer is Yes.] Layout sketch showing lockable, "visible" disconnecfdevice: Yes ENTERGY TEXAS INC. [CUSTOMER NAME] ~ T BY: TITLE: DATE: BY: TITLE: DATE: ATTACHMENT B SECTION III RATE SCHEDULE Page 34.1 ENTERGY TEXAS, INC. - Sheet No.: 64 Electric Service Effective Date: 1-28-09 Revision: 1 Supersedes: FFBE Effective 1-31-06 SCHEDULE FFBE Schedule Consists of: One Sheet. INCREMENTAL BEAUMONT FRANCHISE FEE RECOVERY RIDER I. PURPOSE This Incremental Beaumont Franchise Fee Recovery Rider ("Rider FFBE") defines the procedure by which Entergy Texas, Inc. (°Company") shall implement rates for recovery T of incremental Franchise Fee costs paid to the City of Beaumont. The purpose of this Rider is to provide a mechariism for recovery of incremental franchise fee costs not. included in the Company's last general rate case proceeding before the Public Utility Commission of Texas ("PUCT°). II. APPLICABILITY This rider is applicable to all electric service rendered by Company to all retail customers whose consuming facilities' poihts of delivery are located within the City Limits of Beaumont, Texas, under all retail rate schedules, whether metered or unmetered, subject to the jurisdiction of the PUCT. III. INCREMENTAL FRANCHISE FEE RATE The rate associated with this Surcharge Tariff shall be $0.0010137 for every kilowatt-hour billed by the. Company to-its retail customers inside the city limits of Beaumont. IV. TERM This Rider FFBE shall remain in effect until modified or superceded by a subsequent franchise agreement with the City of Beaumont. SECTION III RATE SCHEDULE ENTERGY TEXAS, INC. Sheet No.: 65 Electric Service Effective Date: 1-28-09 Revision: 1 Supersedes: FFCO Effective 1-31-06 SCHEDULE FFCO Schedule Consists of: One Sheet INCREMENTAL CONROE FRANCHISE FEE RECOVERY RIDER I. PURPOSE Page 35.1 This Incremental Conroe Franchise Fee Recovery Rider (°Rider FFCO°) defines the procedure by which Entergy Texas, Inc. (°Company°) shall implement rates for ~ T recovery of incremental Franchise Fee costs paid to the City of Conroe. The purpose of this Rider is to provide a mechanism. for recovery of incremental franchise fee costs not included in the Company's last general rate case proceeding before the Public Utility Commission of Texas ("PUCT°). II. APPLICABILITY This rider is applicable to all electric service rendered by Company to all retail customers whose consuming facilities' points of delivery are located within the City Limits of Conroe, Texas, under- all retail rate schedules, whether metered or unmetered, subject to the jurisdiction-of the PUCT. III. INCREMENTAL FRANCHISE FEE RATE The rate associated with this Surcharge Tariff shall be $0.0012562 for every kilowatt- hourbilled by the Company to its retail customers inside the city limits of Conroe. IV. TERM This Rider FFCO shall remain in effect until modified or superseded by a subsequent franchise agreement with the City of Conroe. SECTION III RATE SCHEDULE Page 36.1 ENTERGY TEXAS, INC. Sheet No.: 66 Electric Service Effective Date: 1-28-09 Revision: 1 Supersedes: FFPA Effective 1-31-06 SCHEDULE FFPA Schedule Consists of: One Sheet INCREMENTAL PORT ARTHUR FRANCHISE FEE RECOVERY RIDER I. PURPOSE This Incremental Port Arthur Franchise Fee Recovery Rider ("Rider FFPA°) defines the procedure by which Entergy Texas, Inc. (°Company") shall implement rates for recovery ~ T of incremental Franchise Fee costs paid to the City of Port Arthur: The purpose of this Rider. is fo provide amechanism-for recovery of incremental franchise fee costs not included in the Company's last general rate case proceeding before the Public Utility Commission of Texas (°PUCT"). II. APPLICABILITY This rider is applicable to all electric service rendered by Company to all retail customers whose consuming facilities' points of delivery are located within the City Limits of Port Arthur; Texas, under all retail rate schedules, whether metered or unmetered, subject to the jurisdiction of the PUCT. III. INCREMENTAL FRANCHISE FEE RATE The rate associated with this Surcharge Tariff shall be $0.0013776 for every kilowatt-hour billed by the Company to its retail customers inside the city limits of Port Arthur. IV. TERM This Rider FFPA shall remain in effect until modified or superceded by a subsequent franchise agreement with the City of Port Arthur. 0. . ~ -' .. ,. - '.. SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Sheet No.: 67 Electric Service Effective Date: 1-28-09 Revision: 1 Supersedes: TTC Effective 3-1-06 SCHEDULE TTC Schedule Consists of: One Sheet TRANSITION TO COMPETITION RIDER Page 37.1 APPLICATION This Transition To Competition Rider (`Rider TTC° or the °Rider°) is applicable under the I T regular terms and conditions of Entergy Texas, Inc. ("Company") to all electric service billed under all of the Company's Rate Schedules and all associated Riders, whether for metered or .unmetered service, and subject to the jurisdiction of the Public Utility Commission of Texas ("PUCT°). GENERAL PROVISIONS The TTC rates below are to recover the costs incurred by the Company resulting from the Vansition to retail open access. RATE All electric service accounts billed in accordance with Company's complete group of Rate Schedules and all associated Riders will also be billed the following amount during the Recovery Period: Rate Class Residential Service Small General Service General Service Large General Service Large Industrial Power Service Interruptible Service Lighting SMS EAPS` Rate Schedule Rate Adjustment RS, RS-TOD $0.00108/kWh SGS, UMS, TSS $0.00135/kWh GS, GS-TOD, SSTS $0.00110/kWh LGS, LGS-TOD, SSTS $0.00084/kWh LIPS, LIPS-TOD, SSTS $0.40263/kW IS $0.10583/kW SHL, LS-E, ALS, RLU, PLS $0.00067/kWh SMS $0.06693/kW EAp3 $0:00020/kWh `The °30% allocation° of Rider TTC to Schedule EAPS customers will only apply to current Schedule EAPS customers. New customers and new load assigned to Schedule EAPS after the implementation of Rider TTC will be allocated costs based upon the Schedule LIPS rate. Amounts billed pursuant to this Rider TTC are subject to Rider IHE and to State and local sales taxes. IV. RECOVERY PERIOD Rider TTC will be billed beginning with March 1, 2006 and will remain in effect until the last billing cycle of February 2021. ID LT SECTION III RATE SCHEDULES Page 38.1 ENTERGY GULFSTATES, INC. Sheet No.: 68 Electric Service Effective Date: June 29, 2007 Texas Revision: 0 Supersedes: New Schedule SCHEDULE HRC Schedule Consists of: Six Sheets Plus Attachments A and B HURRICANE RECONSTRUCTION COSTS GENERAL This Hurricane Reconstruction Costs Schedule HRC is applicable under the regular terms and conditions of Entergy Gutf States, Inc. ("Company°) to all electric service billed under all of the Company's Rate. Schedules and all associated Riders, whether for metered or un-metered service, and subject to the jurisdiction of the Public Service Commission of Texas (°PUCT° or the 'Commission°). Schedule HRC is applicable to energy consumption and demands of the Company's customers who take bundled service from.the Company and when, and if, the Company's Service Area becomes subject to retail competition, to Retail Electric Providers or other entities during the term that this schedule is in effect, and to the facilities, premises, and loads of all other customers obligated to pay Hurricane Reconstruction Costs Charges as provided in this schedule. DEFINITIONS For the purposes of this schedule, the follov~ing terms shall have the following meanings Company -Entergy Gulf States, Inc., and its successors and assigns that provide transmission or distribution service directly to customers taking service at facilities, premises, or loads located within the Service Area Special Purpose Entity ("SPE") -the owner of Transition Property, on behalf of whom the Hurricane Reconstruction Costs are collected. Financing Order -the Financing Order issued by the PUCT in Docket No. 33586 under Subchapters G and J of Chapter 39 of the Texas Public Utility Regulatory Act (°PURA") providing for the issuance by the SPE of transition bonds (Transition Bonds) to securitize the amount of qualified costs (°Qualified Costs") determined by the Commission in such order. Non-Eligible Setf-Generation ("NESG") - new on-site generation as defined in PURR § 39.252(b) (except all dates referenced shall be replaced with the date of the Fihancing Order) which materially reduces or reduced customer loads on the Company's system, unless exGuded under PURR § 39.262(k) and any rules adopted by the Commission pursuant thereto. Retail Electric Provider ("REP") -when, and 'd, the Company's Service Area becomes subject to retail competition, the entity-which serves the customer's energy needs,. and will remit to the Servicer the Hurricane Reconstruction Costs ("HRC°) billed in accordance with this schedule. Service Area -the Company's certificated Texas service area as it existed on the date of the Fihandng Order. (Continued on reverse side) Page 38.2 Servicer - on the effective date of this tariff, the Company shall act as Servicer. However, the SPE may select another party to function as Servicer or the Company may resign as Servicer or be succeeded by a permitted successor in accordance with terms of the Servicing Agreement and Financing Order issued in Docket No.33586. A Servicer selected under these conditions shall assume the obligations of the Company as Servicer under this schedule. As used in this schedule, the term Servicer includes any successor Servicer. Hurricane Reconstruction Costs Charges ("HRC Charges") -anon-bypassable charge computed on the basis of individual end-use customer consumptibn, except for HRC Charges applicable to NESG for which charges are based on the output of the on-site generation. A. For customers whose facilities, premises, and loads are subject to HRC Charges billed and collected pursuant to the Initial or Adjusted Hurricane Recenstructicn Costs Rates, Attachment A to this schedule, the HRC Charges shall constitute a separate charge. B. The assessment of HRC Charges may be separately identified on the bills sent to customers or when, and 'rf, the Company's Service Area becomes subject to retail competition, REPS or other entities: If such charges .are not separately identfed, customers wile be notified at least annually that the Transition Property is owned by the BondCo and not EGSI. III: APPLICABILITY This schedule, along with Attachment A, sets out the rates, terms and conditions under which HRC Charges shall be billed and collected by the Company, any successor Servicer(s), any REPS, and any other entity(ies) responsible for billing or collecting HRC Charges on behalf of the SPE pursuant to the terms of the Financing Order or this tariff. This schedule is applicable to energy consumption and demands of customers taking service from the Company and' to facilities, premises and loads of such customers. This schedule also applies to: A. Customers taking service at facilities, premises, or Toads located within the Service Area who are notpresently receiving service from the Company, but whose present facilities, premises, or loads received service from the Company at any time on or afterthe date of the Financing Order when a request to change service to another utility was not pending as of that date. B. Customers located within the Service Area and prior customers of the Company who are served by NESG. C. Public wstomers located within the Service Area who purchase power from the General Land Office under PURR § 35.102. Individual end-use customers are responsible for paying HRC Charges billed to them in accordance with the terms of this schedule. Payment is to be made to the entity that bills the customer in accordance with the terms of the Servicing Agreement and. the Financing Order; which entity may be the Company, a successor Servicer, a REP, an entity designated to collect HRC Charges in place of the REP, or other entity which may be required to bill or collect the. HRC Charges. The REP, an entity designated to collect HRC Charges in place of the REP, or another entity which is required to bill or collect the HRC Charges will pay the HRC Charges to the Servicer, whether or not they collect the HRC Charges from their customers. The Servicer will remit collections to the SPE in accordance with the terms of the Servicing Agreement. SCHEDULE HRC (Continued on next page) SECTION III RATE SCHEDULES Page 38.3 ENTERGY GULF STATES, INC. Sheet No.: 69 Electric Service Effective Date: June 29, 2007 Texas Revision: 0 Supersedes: New Schedule SCHEDULE HRC (Cont.) Schedule Consists af: Six Sheets Plus Attachments A and B HURRICANE RECONSTRUCTION COSTS IV. TERM This schedule shall remain in effect until the HRC Charges have been colleiled and remitted to the SPE in an amount sufficient to satisfy. all obligations of the SPE in regard to paying principal and interest on the Transition Bonds together with- all other qualified costs as provided in PURR §§ 39.302(4) and 39.460(d). However, in no event shall the HRC Charges provided for in this schedule be collected for service rendered after 15 years from issuance of the Transition Bonds. HRC Charges for service rendered during the 15-year period follov~ing issuance of the Transition Bands pursuant to the Financing Order, but not collected during that 15-year period, may be collected after the 15-year period. This schedule is irrevocable and non-bypassable for the full term during which R applies. V. HRC RATE CLASSES The HRC Rates will be payable by all existing customers of the Company and all existing and future customers located within the Company's Service Area. The defined HRC Rate Classes to whom HRC Rates will apply are as follows: Residential -this service is applicable for all domestic purposes in single family residences or individual apartments. Small General Service -this service is applicable to non-residential customers using 20 kW or less of demand. The Small General Service class also includes Municipal Traffic Signal Service and Unmetered Services General Service -this service is applicable to non-residential customers who contract for not less than 5 kW but not more than 2,500 kW of electric service. • Large. General Service -this service is applicable to non-residential customers who contract for not less than 300 kW but not more than 2,500 kW of electric service. The Large General Service class also includes customers taking service under the Experimental Rider for Water Heating Service. Large Industrial Power Service -this service is applicable to non-residential customers who contract for not less than 2,500 kW of electric service. The Large Industrial Power Service Gass also includes customers taking service under Pipeline Pumping Service and Supplemental Short Term Service. Interruptible Service -this service is applicable to non-residential customers who contrail for -not less than 2,500 kW of firm contract power under Large- Power Service (Schedule LPS) or High Load Factor Service (Schedule HLFS) and who contract for not-less than 2,000 kW of interruptible contrail power. • Standby and Maintenance Service -this service is applicable to non-residential customers who have their own generation equipment and who contrail for Standby and Maintenance Service from the Company. (Continued on reverse side) Page 38.4 • Experimental Economic As-Available Power Service -this service is applicable to all Customers having self-generation capability greater than 5,000 kW which was both permanently existing on site and in operating condition as of March 8, 1993. The power taken under Schedule EAPS can only be used for the displacement, in total or in part of the Customer's self-generating capability. A Customer may not contract for Schedule F~4PS power in excess of the design capacity of the Customers power production facilities and shall not displace load historically served by the Company. • Street and Outdocr Lighting -this class includes Area Lighting Service which provides security or flood lighting services provided on end-use customers' premises and Street and Highway Lighting Service. VI. PERIODIC BILLING REQUIREMENT ALLOCATION FACTORS The Periodic Billing Requirement shall be functionaliied and allocated to each HRC Rate Class using the methods approved by the Commission in Docket No. 32907 as outlined in Attachment B to this schedule. VII. DETERMINATION OF HRC RATES HRC Rates will be adjusted no less frequently than annually in order to ensure that the expected collection of the HRC Charges is adequate to pay when due, pursuant to the expected amortization schedule, principal and interest on the Transition Bonds and pay on a timely basis other qualified costs. The HRC Rates shall be computed by multiplying the Periodic Billing Requirement Allocation Factor ("PBRAFs") times the Periodic Billing Requirement (°PBR") for the projected HRC period, and dividing such amount by the billing units of the HRC Rate Class, as shown in the following formula: HRC _ [(PBR' PBRAFc) + P~]/ FBU~ Where, HRC = HRC Rate applicable to an HRC Rate Class during the HRC Period; PBR = Periodic Billing Requirement for the HRC Period; PBRAF~ = the Periodic Billing Requirement Allocation Factor for such class in effect at such time; P~ = Prior period over-/under-recovery for such class; and. FBU~ = Forecasted Billing Units (.e., class-specific energy or demand billing units) currently forecast for a class for the HRC period. VIII. STANDARD AND INTERIM TRUE-UP PROCEDURE Not less than 15 days prior to the first billing cycle for the Company's July 2008. billing mdnth, and no less frequently than annually, the Servicer shall file a revised Attachment Asetting -forth. the upcoming HRC period's HRC Rates (Adjusted HRC Rates), complete with all supporfihg materials. The Adjusted HRC Rates will become effective on the first billing cycle of the Company's July billing month. The Commission will have 15 days after the date of the true-up f ling in which to confirm the accuracy of the Servicers adjustment. Any necessary corrections to the Adjusted HRC Rates, due to mathematical errors in the calculation of such rates or otherwise, will be made in a future true-up > adjustment filing. - _ `'r SCHEDULE HRC (Continued on next page) SECTION III RATE SCHEDULES ENTERGY GULF STATES, INC. Electric Service _- Texas SCHEDULE HRC (Cont.) Page 38.5 Sheet No.: 70 Effective Date: June 29, 2007 . Revision: 0 - Supersedes: New Schedule Schedule Consists of: Six Sheets Plus Attachments A and B HURRICANE RECONSTRUCTION COSTS The Servicer is also required to make mandatory interim true-up adjustments semi-annually (or quarterly during the period between the expected final maturity and the legal final maturity of the last bond tranche or class), using the methodology applicable to the standard true-up, (i) if the Servicer forecasts that HRC Charge collections will be insufficient to make all scheduled payments of principal, interest and other amounts in respect of the transition bands during the curcent or next succeeding payment period and/or (ii) to replenish any draws upon the capital subaxount. In the event an interim true-up is necessary, the interim true-up adjustment should be filed not less than 15 days prior to the first billing cycle of the month in which the revised transition charges will be in effect. In no event would such interim true-up adjustments occur more frequently than every three months if quarterly transition bond payments are required or every s'ix months if semi-annual transition bond payments are required; provided, however, that interim true-up adjustments for any transition bonds remaining outstanding after the expected final maturity date of the last tranche or class shall occur quarterly. IX. NON-STANDARD TRUE•UP PROCEDURE In the event that the forecasted billing units for one or more of the HRC Rate Classes for an upcoming period decreases by more than 70% of the threshold billing units set forth in the Financing Order, the Servicer shall make anon-standard true-up filing at least 90 days before the effective date of the next standard true-up adjustment. The true-up shall be conducted in the following manner. The Servicer shall: ° A. allocate the upcoming period's Periodic Billing Requirement based on the PBRAFS as outlined in Attachment B; B. calculate undercollections or overcollections from the preceding period in each HRC Rate Class by subtracting the previous period's HRC Charge revenues collected from each class from the Periodic Billing Requirement determined for that class for the same pericd; C. sum the amounts allocated to each HRC Rate Class in steps A and B above to determine an adjusted Periodic Billing Requirement for each HRC Rate Class; D. divide the Periodic Billing Requirement for each HRC Rate Class by the maximum of the forecasted billing units or the threshold billing units for that Class, to determine the - threshold rate; E.. multiply the threshold rate by the forecasted billing units for each HRC Rate Class to detercnine the expected ccllections under the threshold rate; F. allocate the difference in the adjusted Periodic Billing Requirement and the expected collections glculated in step E among the HRC Rate Classes using the PBRAFs as outlined in Attachment B; - i .., . (Continued on reverse side) Page 38.6 G. add the amount allocated to each HRC Rate Class in step F above to the expelled collection amount by class calculated in step E above to determine the final Periodic Billing Requirement for each class; and H. divide the final Periodic Billing Requirement for each HRC Rate Class by the forecasted billing units to determine the HRC Rate by Class for the upcoming period. A proceeding far the purpose of approving anon-standard true-up should be conducted in .the following manner: A. The Servicer will make a 'non-standard true-up filing° with the Commission at least 90 days before the effective date of the proposed true-up adjustment. The filing will contain the proposed changes to the HRC Rates, justification for such changes as necessary to specifically address the cause(s) of the proposed non-standard true-up, and a statement of the proposed effective date. - B. Concurreritly with the filing of the non-standard true-rap with the Commission, the Servicer will notify all parties in Docket No. 33586 of the filing of the proposal fora non- standard true-up. C. The Servicer will issue appropriate notice and the Commission will conduct a contested case proceeding on the non-standard true-up proposal pursuant to PURR § 39.003. The scope of the proceeding will be limited to determining whether the proposed adjustment complies with the Financing Order. The Commission will issue a final order by the proposed effective date stated in the non-standard true-up filing. In the event that the Commission cannot issue an order by that date, the Servicer will be pennitted to implement its proposed changes. Any modifications subsequently ordered by the Commission will be made by the Servicer in the next true-up filing. X. ALTERNATIVE BILLING AND COLLECTION TERMS AND CONDITIONS The billing and collection of HRC Charges may differ as set forth in this schedule. The alternative terms and cond'Rions for each party are set forth below: A. Billings by Servicer to other electric utilities municipally owned utilities, and cooperatives: 1. Applicable to former customers of the Company in multiply certificated service areas now taking service frdm other electric utilities, municipally owned utilities, or cooperatives or through REPS served from other electric utilities, municipally owned utilities, or cooperatives. 2. Charges subject to this tariff must be paid In full by the other electric utility, municipally owned utility, or cooperative to the Servicer pursuant to the tenns of the Transition Property Servicirig Agreement. " B. Billinos by Servicer to NESG: 1. Applicable to end-use consumption served by on-site non-eligible self generation. The HRC Charges applicable to NESG are in addition to the applicable HRC Charges under A above or C below. 2. Payment terms pursuant fo the Commission's rules. . ,~ "{' '`': HRC (Continued on next page) SECTION III RATE SCHEDULES Page 38.7 ENTERGY GULF STATES, INC. Sheet No.: 71 Electric Service Effective Date: June 29; 2007 Texas Revision: 0 Supersedes: New Schedule SCHEDULE HRC (Cont.) Schedule Consists of: Six Sheets Plus Attachments A and B HURRICANE RECONSTRUCTION COSTS 3. HRC Rate Class determined by summing loads on the transmission and distribution system with loads served by non-eligible generation. 4. Servicer has the right to terminate for non-payment pursuant to the Commission's rules. C. Billings by the REP or its Replacement to End-Use Customers: 1. Applicable to consumption of all end-use customers served by the REP for which HRC Charges apply, inGuding applicable former customers and NESG, under the following conditions: 2. REPS shat) provide the Servicer with full and timely information necessary to provide proper reportirig and for billing and true-up adjustments. 3. Each REP must (1) have along-term, unsecured credit rating of not less than "BBB= and "Baa3° (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively, or (2) provide (A) a deposit of two months' maximum expected HRC Charges collections in the form of cash, (B) an affiliate guarantee, surety bond, or letter of credit providirig for payment of such amount of HRC Charges collections in the event that the REP defaults in its payment obligations, or (C) a combination of any of the foregoing: A REP that does not have or maintain. the requisite long-term, unsecured credit. rating may select which attemate form of deposit, credit support, or combination thereof itwill utilize, in its sole discretion. The Indenture Trustee shall be the beneficiary of any affiliate-guarantee, surety bond or letter of credit. The provider of any affiliate guarantee, surety bond, or letter of credit must have and maintain long-term, unsecured. credit ratings of not less than "BBB " and "Baa3" (or the equivalent) from Standard & Poor's and Moody's Investors Service, respectively. 4. If the Tong-term, unsecured credit rating from either Standard & Poor's or Moody's Investors Service of a REP that did not previously provide the attemate form of deposit, credit support, or combination thereof dr of any provider of an affiliate guarantee, surety bond, or letter of credit is suspended, wthdrawn, or downgraded below "BBB " or °Baa3" (orthe equivalent), the REP must provide the attemate form of deposit, credit support, or combination thereof, or new fonns thereof, in each case from providers with the requisite ratings, within 10 business days following such suspension, withdrawal, or downgrade. A REP failing to make such provision must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its Replacement (when applicable). Y' (Continued on reverse side) Page 38.8 5. The computation of the size of a required deposit shall be agreed upon by the Servicer and the REP, and reviewed. no more frequently than quarterly to' ensure. that. the deposit . , acdurately reflects two months' maximum collections. Within 10 business days following such review, (1) the-REP shall remit to the Indenture Trustee the amount of any shortfall ih such required deposit or (2) the Servicer shall instruct the Indenture Trustee to remit to the REP-any amount in excess of such required deposit. A REP failing to so remit any such shortfall must comply with the provisions set forth in Paragraph 3 of the next section, Billings by the Servicer to the REP or its Replacement (when applicable). REP cash deposits shall be held by the Indenture Trustee, maintained in a segregated account, and invested ih short-tenn high quality investments, as permitted by the rating agencies rating the Transition Bonds. Investment earnings on REP cash deposits shall be considered part of such cash deposits so long as they remain on deposit with the Indenture Trustee. At the instruGion of the Servicer, cash deposits will be remitted with. investment earnings to the REP at the end of the term of the Transition Bonds unless otherwise utilized fdr the payment of the REP's obligations for HRC Charges payments. Once the deposit is no longer required, the Servicer shall promptly (but not later than 30 calendar days) instruG the Indenture Trustee to remit the amounts in the segregated accounts to the REP. 6. In the event that a REP or the Provider of Last Resort ("POLR") is billing. customers for HRC Charges, the REP' shall have the right to transfer the customer to the POLR (or to another certified REP) or to direct the Servicer to terminate transmission and distribution service to the end-use customer for non-payment by the end-use customer pursuant to applicable Commission rules. D. Billinos by the Servicer to the REP or its Replacement (when applicable): 1. Applicable to all consumption subjeG to REP billing of HRC Charges 2. Payments of HRC Charges are due 35 calendar days following each billing by the Servicer to the REP, without regard to whether or not, or when, the REP receives payment from its retail. customers. The Servicer shall accept payment by electronic funds transfer ("EFT'), wire transfer ("Wl") and/or check. Payment will be considered. received the date the EFT or Wf is received by the Servicer, or the date the check Gears. A 5% penalty is to be charged on amounts received after 35 calendar days; however, a 10-calendar-day grace period will be allowed before the REP is wnsidered to be in default: A REP in default must comply with the provisions set forth in Paragraph 3 below. The 5% penalty will be a one- time assessment measured against the current amount overdue from the REP to the Servicer. The current amount consists of the total unpaid HRC Charges existing on the 36°i calendar day after billing by the Servicer. Any and all such penalty payments will be made to the Indenture Trustee to be applied against HRC Charges obligations. A REP shall not be obligated to pay the overdue HRC Charges of another REP. If a REP agrees to assume the responsibility for the payment of overdue HRC Charges as a condition of receiving the customers of another REP who has decided to terminate service to those customers for any reason, the new REP shall not be assessed the 5% penalty upon such HRC Charges; however; the prior REP shall not be relieved of the previously assessed penalties. After the 10 calendar-day grace period (the 45°i calendar day after the billing date) referred to in Paragraph 2 above, the Servicer shall have the option to seek recourse against any cash deposit, affiliate guarantee, surety bond, letter of credit, orcombination thereof made by-the REP, and avail itself of such legal remedies as may be appropriate to celled any remaining unpaid HRC Charges and associated penalties due the Servicer after the application of the REP's deposit or alternate form of credit support. In addition, a REP that is in default with respect to the requirements set forth in Paragraphs 4 and 5 of the previous section, Billinos by the REP or its Replacement to End-Use Customers, and Paragraph 2 of this section shall select and implement one df the following options: SCHEDULE HRC (Continued on next page) SECTION III RATE SCHEDULES Page 38.9 ENTERGY GULF STATES, INC. Sheet No.: 72. Electric Service Effective Date: June 29, 2007 Texas Revision: 0 Supersedes: New Schedule SCHEDULE HRC (Cont.) Schedule Consists of: Six Sheets Plus Attachments A and B HURRICANE RECONSTRUCTION COSTS (a) Allow the POLR or a qualified REP of the customer's choosing to immediately assume the responsibility for the billing and collection of HRC Charges. (b) Immediately implement other mutually suitable and agreeable arrangements with the Servicer. It is expressly understood that the Servicer's, ability to agree to any other arrangements will be limited by the terms of the servicing agreement and requirements of each of the rating agencies that have rated the Transition Bonds necessary to avoid a suspension, withdrawal, or downgrade of the ratings on the Transition Bonds. (c) Arrange-that all amounts owed by retail customers for services rendered be timely billed and immediately paid directly into clock-box controlled by the Servicer with such amounts to be applied first to pay HRC Charges before the remaining amounts are released to the REP. All costs associated with this mechanism will be borne solely by the REP. If a REP that is in default fails to immediately select and implement one of the foregoing options in (a), (b), or (c) or, after so selecting .one of the foregoing options, fails to adequately meet its responsibilities thereunder, then the Servicer shall immediately implement option (a). Upon re-establishment of the requirements set forth in Paragraphs 4 and 5 of the previous section, Billings by the REP or its Replacement to End-Use Customers, and Paragraph 2 of this section and the payment of all past-due amounts and associated penalties, the REP will no longer be required to comply with this subsection. 4. The POLR v~ill be required to meet the minimum credit rating and/or deposiUcredit support requirements described in Paragraph 3 of the preceding section, Billings by the REP or its R~lacement to End-Use Customers, in addition to any other standards that. may be adopted by the Commission. If the POLR defaults or is not eligible to provide such services, responsibility for billing and collection of HRC Charges will immediately be transferred to and assumed by the Servicer until a new POLR can be named by the Commission or the customer requests the services of a certified REP.. Retail customers may never be re-billed by the successor REP, the POLR, or Servicer for any amount of HRC Charges they have paid their REP (although future HRC Charges shall reflect REP and other system-wide charge-offs). Additionally, if the amount of the penalty detailed in Paragraph 2 of this section is the sole remaining past-due amount after the 45"' day, the REP shall not be required to comply with § X.D.3.(a), (b), or (c) above, unless-the penalty is not paid within an additional 30 calendar days 5. In the event the Servicer is billing customers for HRC Charges, the Servicer shall have the right to terminate transmission and distribution service for non-payment by end-use customers pursuant to the Commission's rules. (Continued on reverse side) Page 38.10 6. Notwithstanding Paragraph 2 of this section, the REPS will be allowed to hold back an allowance for chargeoffs in their payments to the Servicer. Such charge-off rate will be recalwlated each year in connection with the standard true-up procedure. In the initial year, the REPS will be allowed to remit payments based on the same system-wide charge off percentage then being used for the transition bonds issued by ENTERGY GULF STATES RECONSTRUCTION FUNDING I, LLC pursuant to the financing order issued in Docket No.33586. On an annual basis in connection with the standard true-up adjustment process, the REP and the Servicer will be responsible for reconciling the amounts held back with amounts actually written off as uncollectible in accordance with the terms agreed. to by the REP. and the Servicer, provided that: (a) The REP's right to recohciliation for write-offs will be limited to customers. whose service has been permanently terminated and whose entire accounts (i.e., all amounts - due the REP for Rs own account as well as the portion representing HRC Charges) have beeri written off. (b) The REP's recourse will be limited to a credit against future HRC Charges payments unless the REP and the Servicer agree to alternative arrangements, but in no eventwill the REP have recourse to the SPE or its funds for such payments. (c) The REP shall provide information on a timely basis to the Servicer so that the Servicer can inctude the REP's default experience and any subsequent credits in its calculation of the HRC Rates for the next HRC billing period, and the REP's rights to credits will not take effect until after such adjusted HRC Rates have been implemented. In the event that a REP disputes any amount of billed HRC Charges, the REP shall pay the disputed amount under protest according to the timelines detailed in Paragraph 2 of this section. The REP and Servicer shall first attempt to informally resolve the dispute, but if failing to do so wRhin 30 calendar days, eRher -party may file a complaint with the Commission. If the REP is successful in the dispute process (informal or formal), the REP .shall be entitled to interest on the disputed amount paid to the Servicer at the Commission- approved interest rate. Disputes about the date of receipt of HRC Charges payments. (and penalties arising therefrom) will be handled in a like manner. Any interest paid by the Servicer oh disputed amounts shall not be recovered. through HRC Charges if it is determined that the Servicer's claim to the funds is clearly unfounded. No interest shall be paid by the Servicer 'rf it is determined that the Servicer has received inaccurate metering data from another entity providing competitive metering. services pursuant to PURA § 39.107. 8. If the Servicer is providing the metering, the metering data will be provided to the REP at the same time as the billing. If the Servicer is not providing the metering, the entity providing metering service(s) will be responsible for complying with Commission rules and ensuring that the Servicer and the REP receive timely and accurate metering data in order for the Servicer to meet its obligations under the Servicing Agreement and the Financing Order with respect to billing and true-ups. - , ; . HRC (Continued on next page) SECTION III RATE SCHEDULES Page 38.11 ENTERGY GULF STATES, INC. Sheet No.: 73 Eledrtc Service Effective Date: June 29 2007 Texas Revision: 0 - Supersedes: New Schedule SCHEDULE HRC (Cont.) Schedule Consists of: Six Sheets Plus Attachments A and B HURRICANE RECONSTRUCTION COSTS XI. OTHER TERMS AND CONDITIONS Prior to the date when retail competition is introduced into the Service Area, if any retail customer does not pay the full amount of any bill to EGSI the amount paid by the customer will be applied in the fallowing order of priority: first, to any amounts due with respect to customer deposits, second, to all electric service charges of EGSI and to all transition charges on the bill, pari passu based upon the total amount billed, and third to tax and charges billed to the Customers.. If there is mare than one owner of transition property, or'rf the sole or any owner of transition property (or pledge or pledgee) has issued multiple series of bonds, such partial collections representing transition charges shall be'ailocated among such owners (or pledgee or pledgees), and among such series of transition bonds, pro-rata based upon the amounts billed with respell to each series of transition bonds, provided. that late fees and charges may be allocated to the Servicer as provided in the Tariff. When and 'rf the Service Area becomes subject to retail competition and a REP or other entity does not pay the full amount it has been billed, the amount paid by the REP or such other entity will first be apportioned between the transition charges and other fees and charges (including amounts billed and due in respect of transition charges associated with transition bonds issued under other financing orders), other than late fees, and second, any remaining portion of the payment will be allocated to late fees. The amount allocated to Vansition charges shall be further allocated in the same manner as the second precedirig sentence. The foregoing allocations will facilitate a proper halance between the competing claims to this source of revenue in an equitable manner. At least once each year, following the introduction of retail open competition in the Service Area, (i) the Company shall cause to be prepared and delivered to REPS, if appropriate, and such customers a notice stating, in effect, thafthe Transition Property and the HRC Charges are owned by the SPE and not the Company; and (ii) each REP which bills HRC Charges shall cause to be prepared and delivered to such. customers a notice stating, in effect, that the Transition Property and the HRC Charges are owned by the SPE and not the REP or the Company. Such notice shall be included either as an insert to or in the text of the bills delivered to such REPS orcustomers, as applicable, or shall be delivered. to customers by electronic means or such other means as the Servicer or the REP may from time to time use to communicate with their respective customers. -. r k ~.~~. .- HRC Page 38.12 ENTERGY GULF STATES, INC. ATTACHMENT A SCHEDULE HRC -ATTACHMENT A INITIAL OR ADJUSTED HURRICANE RECONSTRUCTION COSTS RATES RATE CLASSES For purposes of determining and billing Initial or Adjusted Hurricane Reconstruction Costs Rates, each end-use customer will be designated as a customer belonging to one of nine classes as identified and defined in § V of Rate Schedule HRC. NET•MONTHLY RATE 'The Initial or Adjusted HRC Rates shall be determined in accordance with and are subject to the provisions set forth in Rate Schedule HRC. Not less than 15 days prior to the first billing cycle for the Company's July 2008 billing month and no less frequently than annually thereafter, the Company or successor Servicer will file a Revision to Schedule HRC, Attachment A setting forth the Adjusted HRC Rates to be effective for the upcoming period. If made as a result of the standard true-up adjustment in Rate Schedule HRC, the Adjusted HRC Rates will become effective on the first billing cycle of the Company's July billing month. If an interim true-up adjustment is made pursuant to Rate Schedule HRC, the Adjusted HRC Rates will be become effective on the first billing cycle of the Company's billing month that is not less than 15 days following the making of the interim true-up adjustment filing. If aNon-Standard True-Up filing pursuant to Rate Schedule HRC is made to revise the Initial or Adjusted HRC Rates, the filing will be made at least 90 days prior to the first billing cycle for the Company's July billing month. Amounts billed pursuant to this schedule are not subject to Rider IHE or State and local sales tax. HRC Rate Class Initial or Adjusted HRC Rates Residential $0.00396 er kWh Small General Service $0.00610 er kWh General Service $0.00305 er kWh Lar a General Service $0.00181 er kWh Lar a Industrial Power Service $0.15806. er kW Interco tible Service $0.04281 er kW E erimental Economic As-Available Power Service $0.00019 er kWh Standb and Maintenance Service $0.02477 er kW Street and Outdoor Li htin $0.01711 er kWh The Initial or Adjusted HRC Rates are multiplied by the kWh or kW as applicable, read, estimated or determined during the billing month and will be applied to bills rendered on and after the effective date. Y~ ENTERGY GULF STATES, INC Functlonallzatlon and Allocation of Annual Saeuritizatlon Paymenh Texas Recall by Class Texas Rahll Tx Rah11 RES SC_aS GS LGS LIPS L LTG EAPS S~ - Productlon Texas Retail Allocation Factors 100.0000°k 42.1342% 2.2260% 19.4782% 7.0323% 24.2677% 1.4286% 0.3776% 1.6456%- 1.4098°~ Related Stortn Costs 5,107,465 Total Storm Costs 393,236,384 Ratio of Related Storm Casts 1.2988 " Annual Levelized Payment 0 Payment Allocated to Prod 5. 0 0- 0 0 0 0 0 0 0 0 ~~ Transmission ' Texas Retail Allocation Factors 100.0000% 44.1551% 2.3289% 19.9375% 6.9826°/ 22.2575°k 0.9543% 0.3620% 1.6104% 1.4118% -~~ Related Storm Costs 36,695,042 , ~, Total Stonn Costs 393,238,384 Ratio of Related Storm Costs 9.3315% Annual Levelized,Payment 0 Payment Allocated to Trans 0 0 0 0 0 0 0 0 0 0 Dlstrlbutlon Texas Relail Allocation Factors 100.0000% 58.5687 % 4.8511% 25.0099°h 8.1482 % 1.2080 % 0.0000°h 4.0463% 0.0000% 0.1678°k Related Stortn Costs 350,289,652 Total Storm Costs 393,236,384 Ratio of Related Storm Costs 89.0786% Annual Levelized Payment'" 0 Payment Allocated to Distnb 0 0 0 0 0 0 0 0 0 0 Net Oene2l Plam Texas Retail Allocation Factors 100.0000% 51.8429% 3.8699% 18.9575% 5.9117% 14.7757% 0.7824% 1.9911% 0.9533°/ 0.9355% " Related Storm Costs' 1,144,225 Total Stonn Costs 393,236,384 Ratio of Related Storm Costs 0.2910% Annual Levelized Payment 0 -; Payment Allocated to Other 0 0 0 0 0 0 0 0 0 0 ,Total Payments 0 0 0 0 D 0 0 0 0 0 D~ ~. D nW 2 °D ~W m z m SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Electric Service SCHEDULE DTK Page 39.1 Sheet No.: 74 Effective Date: 1-28-09 Revision: 0 Supersedes: New Schedule Schedule Consists of: One Sheet DATALINK WEB-BASED ACCESS TO INTERVAL LOAD DATA RIDER AVAILABILITY This Schedule is available at all points throughout the territory served by Entergy Gulf States, Inc. (the "Company to any eligible customer receiving service from the Company. Company has the right to terminate this Rider at any time, upon giving thirty (30) days written notice of intent to terminate to the Commission. In such event, each current Customer served under this Rider will continue on this Rider until the end of the Customer's then current contract term. II. APPLICABILITY This rate is applicable under the regular terms and conditions of the Company to EGS Customers who contrail for not less than 150 kW of electric service at Company's available line voltage. III. LENGTH OF CONTRACT AND CONTRACT TERMINATION Customer will be required to sign a wntract for a minimum term of two (2) years. If Customer chooses to cancel service under the contrail before the completion of such term, the monthly charges not then paid for the remainder of the term shall become-due and payable immediately. Customer and Company each have the option to terminate the contract at the end' of a contract term 'rf a minimum of thirty (30) days written notice is provided. If not terminated, the contract will automatically renew for successive one year terms. IV. GENERAL PROVISIONS DataLink is a service that provides web based viewing access to interval load data, which data has been collected by the Company. The service gives a subscribing customer the option of viewing the collected load data on an hourly or daily basis. Customers that do not have interval metering must have an interval meter installed by the Company at Customer's expense to enable such data collection. Customers requiring an upgrade to interval metering may elect to pay for the interval meter installation either through aone-time charge or by way of a recurring charge paid monthly during the term of, and extension of, the contract term. The communication link for the transmission of the collected interval data by the Company will be the telephone Tine which will be provided by the Customer and at the Customer's expense. N (Continued on reverse side) Page 39.2 V. CHARGESlPAYMENTOPTlONS Subscription Charge: Daily Viewing Option Hourly Viewing Option Installation of Interval Meter Charge: Monthly Payment Option Single Payment Option $ 39.50 per month, permeter $122.50 per month, per meter $ 12.50 per month, per meter $300.00 per meter N VI. OTHER PROVISIONS All equipment installed to provide service under this Schedule shall be and remain the property of Entergy Gulf States, Inc. ;, SCHEDULE DTK SECTION III RATE SCHEDULE Page 40.1 ENTERGY TEXAS, INC. Sheet No.: 82 Electric Service Effective Date: 1231-08 ,. Revision: 0 . _ ._ _.. ,. _:.: Supersedes: New Schedule RIDER SCHEDULE EECRF Schedule Consists of: One Sheet Plus Attachments A & B ENERGY EFFICIENCY COST RECOVERY FACTOR RIDER I. PURPOSE This Energy Efficiency Cost Recovery Factor Rider ("Rider EECRF") defines the procedure by which Entergy Texas, Inc. (°Company") shall implement and adjust rates for the recovery of costs associated with energy efficiency programs from the customer classes that receive services under these programs pursuant to P.U.C. SuasT. R. 25.181. II. APPLICABILITY This rider is applicable to electric service provided by the Company to all Customers served under the applicable retail rate schedules set forth in Attachment A to this Rider EECRF, whether metered or unmetered, subject to the jurisdiction of the Public Utility Commission of Texas III. ENERGY EFFICIENCY COST RATES The rates associated v~ith Rider EECRF ("Energy Efficiency Cost Rates°) shall be as set forth in Attachment A by application of the formula set out in Attachment B to this Rider EECRF ("Energy Efficiency Cost Recovery Factor Rider Rate Development Formula") and shall reflect the energy efficiency program costs as approved by the PUCT. The initial Energy Efficiency Cost Rates shall be based on the energy efficiency program costs that the Company expects to incur during the twelve months ended December 2009. The initial Energy Efficiency Cost Rates so determined shall become effective with the first billing cycle of January 2009. On or before May 1 of each year beginning in 2009, per P.U.C. Suasr. R. 25.181(f)(4), the Company shall file a redetermination of-the Energy Efficiency Cost Rates as set out in Attachment A by application of the formula set out in Attachment B to this Rider EECRF together with a set of workpapers sufficient to document fully the calculations bf the redetermined Energy Efficiency Cost Rates. The redetermined Energy Efficiency Cost Rates shall be based on 1) the projected Energy Efficiency Cost for the twelve-month period commencing on January 1 of the year in which revised rates shall be in effect, 2) the Energy Efficiency Performance Bonus for the prior calendar year, and 3) a true-up adjustment reflecting the (Over)/Under Recovery Balance on the Ehergy Efficiency Cost and the Energy Efficiency Performance Bonus. The Energy Efficiency Cost Rates so redetermined shall be effective for bills rendered on and after the first billing cyGe of January after the filing year and shall then remain in effect for a twelve (12) month billing period, except as otherwise provided for below. (Continued on reverse side) Page 40.2 For the initial redetermination, which shall be filed in 2009, the true-up adjustment shall reflect the Cumulative (Over)/Under Recovery balance for the period which shat) commence on the date. that the Energy Efficiency Cost Rates approved in Docket No. 34800 become effective or the date allowed in the final rules in P.U.C. Suasr. R. 25.181, whichever is earlier, and shall end December 31, 2008. For each subsequent redetermination beginning in 2010, the true-up period shall be the twelve-month billing period ended December of the prior calendar-year. IV. TERM This Rider EECRF shall remain in effect until modified and will terminate upon the introduction of customer choice or the implementation of rates resulting from the filing of a Chapter 36 Subchapter C rate proceeding.. SCHEDULE ENTERGY TEXAS, INC. ENERGY EFFICIENCY COST RATES RIDER SCHEDULE EECRF Applicable through December 2009 Billing Month "Net Monthly Rate The following Energy Efficiency Cost Recovery Factor will be added to the rates set out in the Net Monthly Bill for electric service billed under all retail rate schedules ` on file with the Public Utility Commission of Texas. The Energy Efficiency Cost Rewvery Factor shall be effective for bills rendered on and after the first billing cycle of January 2009. Amounts billed pursuant to -- this Rider EECRF are not subject to the IHE but are subject to State and local sales taxes. e 'Excluded Schedules: EAPS, LOF, SMS and SOF ,- Rate Class Residential Small General Service General Service Large General Service Large Industrial Power Service Lighting . Rate Schedules RS, RS-TOD SGS, UMS, TSS GS, GS-TOD LGS, LGS-TOD LIPS, LIPS-TOD, SHL, LS-E, ALS, RLU Energy Efficiency Cost Recovery Factor 7 $0.000902 per kWh $0.000710 pet kWh $0.000602 per kWh $0.000205 per kWh $0.000002 per kWh $0.001105 per kWh Notes: (1) SeeAttachmentB ^L ~.1 - e ENTERGY TEXAS, INC. ENERGY EFFICIENCY COST RECOVERY FACTOR RIDER RATE DEVELOPMENT FORMULA Ln No 1 EECRFk=. ENERGY EFFICIENCY COST RECOVERY FACTOR FOR ., RATE CLASSk (i) n 2 EECRFk= '£ERRkI BDk Where; 3 -,';a- EERRk = ENERGY EFFICIENCY COST FOR RATE CLASSk 4 EERRk= PEECk+EEPBk+TUAk Where, n 5 PEECk= PROJECTED ENERGY EFFICIENCY ~ j COST FOR RATE CLASSk (2) g &,_< .. ,.,. EEPBk= ENERGY EFFICIENCY PERFORMANCE BONUS FOR RATE CLASSk (3) 7 ` ~°~ ' " TUAk = TRUE-UP ADJUSTMENT FOR RATE 8 TUAk= EECk +PEEPBk-(RRk-PTUk) Where, Residential SGS Rate Class GS LGS LIPS Lighting $4,888,005 $210,032 $1,967,071 ~ $293,810 $9,285 -: ~ $88,031 $0 $o $o ' $o $o $o g EECk= ENERGY EFFICIENCY COST 30 $0 $0 $0 FOR RATE CLASSk(5) 10 PEEPBk= PRIOR ENERGY EFFICIENCY PERFORMANCE BONUS FOR $0 $0 $0 $0 RATE CLASSk (S) 11 - RRk= REVENUE UNDER RIDER $0 $0 $0 $0 - EECRF FOR RATE CLASSk (5) _ 12 PTUk= PRIOR PERIOD TRUE-UP . ADJUSTMENT FOR RATE $0 $0 $0 $0 - - CLASSk (7) 13 TUAk= TRUE-UP ADJUSTMENT FOR RATE $0 $0 $0 $0 CLASSk ,~ l„ $0 $0 . $0 SO $0 $0 ao $0 $0 $0 y~v ,c a u 103m ~m o, .~. o 4f W A ENTERGY TEXAS, INC. ENERGY EFFICIENCY COST RECOVERY FACTOR RIDER RATE DEVELOPMENT FORMULA (Continued) Rate Class Ln No 14 EERR~ ENERGY EFFICIENCY COST FOR RATE CLASSk (LN 5+ LN 8 + LN 14) 15 ~.BDk= ENERGY EFFICIENCY COST RECOVERY BILLING - DETERMINANTS FOR RATE CLASSk (B) 16 EECRFk= ENERGY EFFICIENCY COST RECOVERY FACTOR FOR RATE CLASS k ($IkWh) (LN 14l LN 15) Notes: (1) Rate Classes as defined in Attachment A to this Rider EECRF. Residential SGS GS LGS LIPS $4,888,005 $210,032 $1,967,071 $293,810 $9,285 5,416,540,904 295,824,fi75 3,285,369,885 $0.000902 $0.000710 $0.000602 per kWh per kWh per kVJh Lighting $88,031 1,432,228,878 5,388,942,884 79,885,071 $0.000205 $0.000002 $0.001105 per kWh perkWh perkWh (2) For the initial filing, the Projected Energy Efficiency Cost Period shall be thetwelve-month period commencing on January 1, 2009. For subsequent redeterminatioris, the Projected Energy Efficiency Cost Period shall be the twelve-month period commencing on January 1" of the year in which revised rates shall be in effect. (3) For the initial filing, the Performance Bonus shall be set to zero. For each subsequent redetermination, the Performance Bonus shall be determined pursuant to the rules established in P.U.C. SuesT. R. 25.181(h) for the the twelve months ending December 31" of the calendar year Immediately preceding the filing year. The Pertormance Bonus shall be allocated to the rate classes based on the Class Production Demand Allocation Factor approved in ETI's last base rate case. (4) For the initial filing, the true-up adjustment shall be zero. For the initial redetermination, the Energy Efficiency Cost (Over)/Under Recovery Period shall reflect the recovery of costs which shall commence on the date that the Energy Efficiency Cost Rates approved in Docket No. 34800 become effective or the date allowed in the final rules in P.U.C. SuesT. R. 25.181, whichever is earlier, and shall end December 31, 2008. For subsequent redetenninations, the Energy Efficiency Cost (Over)/Under Recovery Period shall be the twelve months ending.December 31°` of the calendar year immediately preceding the filing year. ;;~ ~ ,, (5) For the initial redeterminatioh, the Energy Efficiency Cost Period shall reflect the recovery of costs which shall commence on the date that the initial Energy Efficiency Cost Rates become effective or the date allowed in the final rules in P.U.C. Sues7. R. 25.181, whichever is earlier, and shall end December 31, 2008. For subsequent redeterminations, the Energy Efficiency Cost Period shall be the twelve months ending December 31" of the calendar year immediately preceding the filing year. ~, t! ' .. 7- , 5 , m ~ v ~~d m 3 m N 0 ~ w W ~ N :i.4 ~ c ENTERGY TEXAS, INC. , ENERGY EFFICIENCY COST RECOVERY FACTOR RIDER RATE DEVELOPMENT FORMULA (Continued) (6) The value of PEEPBkfor rate classk shall be the Energy Efficiency Performance Bonus previously determined under the provisions of this Rider EECRF for the second calendar year immediately preceding the filing year. (~ The value of PTUk for rate classk shall be equal to the True-up Adjustment (TUAk) previously determined under the provisions of this Rider EECRF for the Energy Efficiency Cost Period for the twelve months ending December 31°` of the calendar year immediately preceding the filing year. (6) For the initial filing, the Retail Rate Class Billing Determinants shall be based on data for the twelve months ended December 31, 2009. For subsequent redeterminations, the 12etail Rate Class Billing Determinants shall be based on projected data for the calendar year in which the redetermined rates shall be in effect. " . ' ~ h.:" ~.. ~ . a;,.,y m n v mid ~^ 3'~ mmm °. •~• °o u W b~ SECTION III RATE SCHEDULES Page 41.1 ENTERGY TEXAS; INC. Sheet No.: 87 Elechic Service Effective Date: 1-28-09 New Schedule Supersedes: New Schedule " SCHEDULE DPBF Schedule Consists of: One Sheet RIDER FOR DISTRIBUTION OF PUBLIC BENEFIT FUND I. APPLICABILITY N - This rider is applicable under the regular -terms and conditions of the Company to Customers served under Schedules RS or RS-TOD, who have qualified under the program requirements. II. QUALIFIED CUSTOMERS Entergy Texas current customers of record on LILU and SC rates, whose eligibility is tied to customers who have incomes at or below 125% of the federal poverty guidelines, are eligible to take service under this rider. In addition to customers who take service under the LILU and. SC rates as described above, a qualified Customer is the customer of record at the premises who: • is the holder of a Lone Star Card issued by the State of Texas, or successor thereto, to entitle the recipient to receive benefits under the food stamp, Medicaid or Temporary Assistance to Ni:edy Families programs; or, • has a total house-hold income at or below 125% of the federal poverty guiiieline, where such income level has been verified by a local low-income service agency in the Company's service area selected from a list of such agencies to be provided to customers upon request. III. DISTRIBUTION OF FUND Qualified Customers will receive a credit on their monthly bills calculated by applying a ¢/kWh factor to energy billed in the current billing month based on the total Public Benefit Fund to be distributed annually, $2,000,000 or approximately $167,000 per month adjusted for any over- or under-distribution of the monthly amount returned pursuant to this Rider in the second prior month. Distribution of the fund will be reviewed annually to insure that any actual over- or underdistribution in a year will be reflected in the subsequent year funding level. x r, .~ , SECTION III RATE SCHEDULES IV ENTERGY TEXAS; INC. Sheet No.: 84 Electric Service Effective Date: 1-28-09 - New Schedule Supersedes: New Schedule SCHEDULE RCE Schedule Consists of: One Sheet RATE CASE EXPENSE RIDER APPLICATION Page 42.1 This Rate Case Expense Rider ("Rider RCE" or the 'Rider°) is applicable under the regular terms and conditions of Entergy Texas, -Ina ("Company to all electric service billed under all of the Company's Rate Schedules` and all associated Riders`, whether metered or unmetered service, and subject to the jurisdiction of the Public Utility Commission of Texas ('PUCT"). GENERAL PROVISIONS The Rider RCE rate below is to recover costs incurred by the Company resulting from the rate case filing in PUCT Docket No. 34800. RATE All electric service acwunts billed in accordance with Company's Rate Schedules` and associated Riders' will also be billed the following amount during the Recovery Period: Rate Class Residential Service Small General Service General Service Large General Service Large Industrial Power Service Lighting Rate Schedule RS, RS-TOD SGS, UMS, TSS GS, GS-TOD, SSTS LGS, LGS-TOD, SSTS LIPS, LIPS-TOD, SSTS SHL, LS-E, ALS, RLU, PLS Rate Adjustment $0.000219 per kWh $0.000282 per kWh $0.000164 per kWh $0.000115 per kWh $0.03876 per kW $0.000405 per kWh Amounts billed pursuant to this Rider RCE are not subject to Rider IHE but are subject to State and Local sales tax. RECOVERY PERIOD Rider RCE will be billed beginning with the effective date of this Rider and will remain in effect for three (3pyears. 'Excluding Schedules EAPS, SOF, LOF, and SMS. N SECTION IV RULES AND REGULATIONS ENTERGY TEXAS, INC.. Sheet No.: 1 Electric Service Effective Date: 1-28-09 Revision: 8 Supersedes: Index Effective 8-31-99 INDEX Schedule Consists of: One Sheet INDEX TO RULES AND REGULATIONS Item. Tenns and Conditions Interpretations and Policies - Extension Policy Retail Electric Service Switchovers Underground Distribution -Residential Underground Distribution -Commercial Conversion of Mercury Vapor to Sodium Street and Highway Lighting Conversion of Security Lights to Flood Lights Temporary Service Policy Small Three-phase Loads Policy Agreement for Street Lighting Service Agreement for Municipal Street Lighting Service Agreement for Electric Service Amendment to Agreement for Electric Service For Experimental Economic As-Available Power Service Commission.OrderSetting Interest Rates Accessible Utility Information Agreement for Unmetered Service Agreement for Additional Facilities Page No. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~D ~N ~N SECTION IV RULES AND REGULATIONS Page 2.1 ENTERGY TEXAS, INC. Sheet No.: 2 Electric Service Effective Date: 1-28-09 Revision: 9 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 1. PURPOSE. 1.1.Govemance of electric service. These Terms and Conditions are prescribed to ~ T govern electric service and are intended to facilitate the rendering of uniform, efficient, and adequate service to the Customers of Entergy Gulf States, Inc. (Company). They are necessary for a Gear understanding of the obligations of all ~ T parties to the business relations of the Company with its electric Customers, and are a part of the Company's contract with each Customer and part of the Company's Rate Schedules. Any or all of these Terms and Conditions not inconsistent with a particular rate schedule are as much a part of such Rate Schedule as 'rf repeated therein. 1.2. PUCT authority. By virtue of the Texas Public Utility Regulatory Ad (PURR), the I T Public Utility Commission of Texas (PUCT) has the general power to regulate and supervise the business of the Company within the PUCTs jurisdiction. Nothing in these Terms and Conditions is meant to abridge any right granted or secured to the Customer under PURR or under any rules or regulations adopted by the PUCT ~ T unless specifically waived in these Terms and Conditions. 2. ELECTRIC SERVICE. Electric service means the availability of electric power and energy, irrespective of whether any electric power and energy is actually used. Supplying of service by Company consists of the maintaining by Company, at the point of delivery, of approximately the established voltage and frequency by means of facilities adequate for canying Customer's proper load. 3. REQUESTS FOR SERVICE. 3.1.Application for service requirements. Applications for electric service, within the ~ T territory served by the Company of a type for which the Company has a rate schedule on file, will be accepted from applicants when such service is available, subject to the provisions of these Terms and Conditions. Service will be considered available ff the point of delivery is located immediately adjacent to the Company's distribution line of suitable phase, voltage, and capacity, to deliver the service at the applicable rate schedule, and the Company has the required power and energy available at the point of delivery to supply the applicant. _ 3.2. Separate application for service for individual classes of service. Each class of ~ T service, at each location at which service is desired, will be considered separately, and there will be a separate application of the appropriate rate schedule for each Gass of service at each point of delivery. _ r ;* (Continued on reverse side) Page 2.2 3.3. Requirements for written contracts. Certain sftuations may require written contracts; such contracts may contain special provisions that apply to the particular situation. In the case of Customers whose Iqad is of unusual size or characteristics, or at a remote location, additional rate and contractual arrangements may be justified. References in these Terms and Conditions to "contract" or "contract with Company" are intended to include, when applicable, any written Agreement for Electric Service in effect between the Company and Customer at the time, including collectivety as part thereof for all purposes the Terms and Conditions in effect at the time (subject to changes 6y the Company as provided in the Contract), the terms and provisions of all rate schedules and riders (such schedules and riders also being subject to change by the Company as provided herein) as in effect at the time and applicable to the electric service provided to the Customer pursuant to its contract with Company, and any other written and duly executed agreements between the Company and Customer. 3.4. Connection charges. A cennection charge compensating Company for its costs may be made by Company in accordance with Company's rate schedule then in effect providing for such charge upon connection or reconnection of facilities for service. 3.5.Trip fee charges. When the Company is required to dispatch an employee to a Customer's service location, a trip fee compensating the Company for its costs may be made by the Company. This trip fee will be in accordance with the Company's rate schedule then in effect providing for such charges. 4. RESPONSE TO REQUEST FOR ELECTRIC SERVICE. 4.1.Obligation to serve within PUCT time frames. Company shall serve each qualified applicant for service within its certificated area within.the time frames established by the PUCT. 4.2. New service without construction or line extension. Those applications for new electric service not involving line extensidn or construction of new facilities should be filled within seven m working days after applicant has met the credit requirements and complied with all applicable state and municipal regulations. Applications for electric residential service requiring construction, such as line extensions, should be filled within ninety (90) days or within a time period agreed to by Company and Customer if Customer has met credit requirements, met satisfactory payment arrangements for construction charges, and complied with applicable state and municipal regulations, unless unavailability of materials causes unavoidable delays. 4.3. New service with line extension. If a line extension is required by other than a large industrial or commercial electric customer or 'rf facilities are not available, Company shall inform the Customer within ten (10) working days of receipt of the application, giving the Customer an estimated completion date and an estimated cost for all charges to be incurred by the Customer. s IT IT IT IT T T T TERMS AND CONDITIONS (Continued on next page) SECTION IV RULES AND REGULATIONS . Page 2.3 ENTERGY TEXAS, INC. Sheet No.: 3 Electric Service Effective Date: 1-28-09 Revision: 9 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 4.4. Delays in providing service. Unless such delays are due to causes which are. I T reasonably beyond the control of Company, delays in excess of ninety (90) days shall constitute refusal to serve, unless the Customer and Company have agreed to a longer term.-Consideration may be given to revoking the certificate of convenience and necessity (or other certificate), or to granting a certifipte to another utility to serve the applicant, or refusal may be considered in artiving at a proper return on the invested capitatofthe utility. 4.5.Information regarding sharing of construction cost options. Any construction cost I T options such as rebates to the Customer, sharing of construction costs between Company and the Customer, or sharing of costs between the Customer and' other applicants shall be explained to the Customer following assessment of necessary line work. 4.6. Contribution in aid of construction. If Company must provide a line extension to or on the Customer's premises and Company requires that Customer pay a Contribution in Aid of Construction (CIAC), a prepayment, or sign a contract with a term of one (1) year or longer, Company shall provide Customer with information about on-site renewable energy and distributed generation technology alternatives. The information shall comply with guidelines established by the PUCT, and shall.be provided to Customer at the time the estimate of the CIAC or prepayment is giveri to the Customer. If no CIAC or prepayment is required, the information shall be given to the Customer before a contract is signed. The information is intended to educate Customer on alternate options that are available. 4.7.Infortnation provided to applicants. As part of their initial contact, Company shall give applicant a copy of the "Your Rights as a Customer' brochure, and inform an applicant of the right to file a complaint with the PUCT if the applicant thinks he has keen treated unfairty. N 4.tS.Acceptable reasons to refuse service. Company may refuse to serve an applicant I N until the applicant complies with state and municipal regulations and Company's rules and regulations on file with the PUCT or for any reason below: 4.8.1. Applicant's facilities ihadequate. Applicant's installation or equipment is I N' known to be hazardous or of such character that satisfactory service cannot be given, or applicant's facilities do not comply with all applicable state and municipal regulations. (Continued an reverse side) Page 2.4 4.8.2. Volation of Company's tariffs. Applicant fails to comply with Company's N tariffs pertaining to operation of nonstandard equipment or unauthorized attachments which interfere with the service of others. Company shall provide applicant notice of such refusal and afford applicant a reasonable. amount of time to comply with Company's tariffs. 4.8.3. Failure to pay guarantee. Applicant has acted as a guarantor for another N Customer and failed to pay the guaranteed amount, where such. guarantee was made in writing to Company and was a condition of service. 4.8.4. Intent to deceive. Applicant applies for service at a location wfiere another N Customer received, or continues to receive, service and Company bill is unpaid at.that loation, and Company can prove the change in identity is made in aq attempt to help the: other Customer avoid or evade payment of an electric utility bill. Applicant may request a supervisory review if Company determines that applicant intends to deceive Company and refuses to provide service. - 4.6.5. For indebtedness. Applicant owes a debt to any electric utility for the same N kind of service as that being requested. If applicant's indebtedness is in dispute, applicant shall be provided service upon paying a deposit. 4.8.6. Refusal to pay a deposit. Refusing to pay a deposit if applicant is required N to do sa 4.9.Information upon refusal to serve. If Company refuses to serve an applicant for the N reasons above, Company must inform applicant of the reason for its refusal and that the applicant may file a complaint with the PUCT. 4.10. ..Insufficient grounds for refusal to serve: The following are insufficient cause for N refusal of service to an.applignt: 4.10.1. delinquency in payment for service by a previous occupant of the premises to N be served; 4.10.2. failure to pay for merchandise or charges for non-regulated services N purchased from Company; 4.10.3. failure to pay a bill that inGudes more than the allowed six (6) months of N underbilling, unless the underbilling is the result of theft of service; or 4.10.4, failure to pay the bill of another customer at the same billing address except N where the change in identity is made to avoid or.evade payment of an electric utility bill. 5. CUSTOMER COMPLAINTS. 5.1. Investigation of complaints. Upon complaint to the Company by Customer either at T its office, by letter, or by telephone, Company shall promptly make a suitable investigation and advise the complainant of the results thereof in the time frames prescribed by the PUCT guidelines. SECTION IV RULES AND REGULATIONS ENTERGY TEXAS, INC. Electric Service TERMS AND CONDITIONS Page 2.5 Sheet No.: 4 Effective Date: 1-28-09 Revision: 14 Supersedes: Revision Effective 12-18-98 Schedule Consists of: Fourteen Sheets , TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 5.2. Request for supervisory review. Any Customer or applicant has the right to request a supervisory review if they are not satisfied with Company's response to their complaint. The supervisory review shall occur immediately following the Customer's request or at the earliest possible-date. Service shall not be disconnected before completion of the review. If the Customer chooses not to participate in the review, then Company may disconnect service, providing proper notice has been issued under the disconnect procedures. The results of the supervisory review must be provided in writing tc the Customer within the time frames prescribed by the PUCT guidelines, if requested. Customers who are dissatisfied with Company's supervisory review must be informed of their right to file a complaint with the PUCT: 5.3. Request for PUCT informal complaint resolution. In the event. the complainant is dissatisfied with Company's complaint investigation or supervisory review, Company must advise -the complainant of the PUCT informal complaint resolution process, giving the Customer the address, telephone number and contact information of the Office of Customer Protection as set forth in the PUCT rules: If applicable, Company shall also give the Customer the PUCTs TTY number for the deaf and hearing impaired. N T 5.4. Investigation of PUCT complaints. Company shall make a suitable investigation of T all complaints forwarded from the PUCT on behalf of Customer. Company shall advise the PUCT of the results of the investigation in writing. Initial response to the PUCT must be made within the time frames prescribed by the PUCT guidelines. The PUCT encourages all customer complaints to be made in writing to assist the PUCT in maintaining records on the quality of service of Company. 5.5. Complaint recordkeeping. Company shall keep a record of all complaints forwarded T to it by the PUCT which shall show the name and address of the complainant, the date and nature of the complaint and the adjustment or disposition thereof for a period of two (2) years subsequent to the determination by the PUCT. Complaints with reference to rates or charges which require no further action by Company need not be recorded. 6. ESTABLISHING CREDIT AND DEPOSITS. 6.1. Requirement for satisfactory credit or deposft. The Company may require an I T applicant for service to establish and maintain satisfactory credit in any manner, or to pay a deposit in any amount so long as such. manner or amount is not in conflict wfth any applicable and valid law, rule, or regulation. In particular, the Company's Customer credit and deposit policies are regulated by the PUCT. T 6.2. Definition of customer and applicant. For purposes of this section, applicant is to be N defined as a person who applied for service for the first time or reapplies at a new or existing location after discontinuance of service. Customer is defined as someone who is currently receiving service. . ... ... _ - ~ - - ,K.; (Continued on reverse Page 2.6 6.3. Establishment of Credit for Permanent Residential Applicants. Company may require a residential applicant for service to satisfactorily establish and maintain credit, but such establishment of credit shall not relieve the Customer frdm complying with rules for prompt payment of bills. The creditworthiness of spouses established during shared service in the twelve (12) months prior to their divorce will be equally applied to both spouses for twelve (12) months immediately after their divorce. 6.3.1. Demonstration of credit. Subject to these rules, a residential applicant shall demonstrate satisfactory credit by one of the following criteria: 6.3.1.1 Letter of credit from previous electric provider. If the residential applicant has been a Customer of any utility for the same kind of service within the last two (2) years and is not delinquent in payment of any such utility service account and during the last twelve (12) consecutive months of service did not have more than one occasion. in which a bill for such utility service was paid after becoming delinquent and never had service disconnected for nonpayment; applicants are encouraged to obtain a letter of credit history from their previous utility, and utilities-are encouraged to provide-such information with final bills; 6.3.1.2. Satisfactory credit rating. If the residential applicant demonstrates a satisfactory credit rating by appropriate means including, but not limited to, the production of generally acceptable credit cards, letters of credit reference, the names of credit references which may be quickly and inexpensively contacted by Company, or ownership of substantial equity that is easily liquidated; 6.3.1.3. Account in good standing. If the residential applicant is sixty-five (65) years old and does not have an outstanding account balance incurred within the last two (2) years with Company or another electric utility for the same type of utility service; or 6.3.1.4. Guaranty. If the residential applicant furnishes a satisfactory written guarantee to secure payment of bills for the service required: 6.3.1.4.1. Amount. of guarantee. The guarantee shall be for the amount of deposit Company would normally seek on the applicant's account. The amount of guarantee shall be clearly indicated on -any documents or letters of guarantee signed by the guarantor; 6.3.1.4.2.. Return of guarantee. When the Customer has paid bills for service for twelve (12) consecutive months residential billings without having service disconnected for nonpayment of bills and without having more than two (2) occasions in which.a bill was delinquent, and when the Customer is not delinquent in the payment of,cument bills, Company shall void and return any documents or letters of guarantee placed with, Company to the guarantor. IT T T IT IT IT LT T T T T IT T TERMS AND CONDITIONS (Continued on next page) SECTION N RULES AND REGULATIONS Page 2.7 ENTERGY TEXAS, INC. Sheet No.: 5 Electric Service Effective Date: 1-28-09 Revision: 12 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 6.3.1.5 Victim of family Jiolence. A residential customer or applicant may be deemed as having established satisfactory credit if the customer or applicant has been determined to be a victim of family violence as defined in the Texas family Code Section 71.004, by a family violence center as defined ih the Texas Human Resources Code Section 51.002, by treating medical personnel, by law enforcement personnel, by the Office of a Texas District Attomey or County Attomey, by the Office of Attomey General, or by a grantee of the Texas Equal Access to Justice. Foundation. This determination shall be evidenced by submission of a certification letter developed by the Texas Council on Family Violence. The certificetion letter may be submitted directly by use of a toll-free fax number to the Company. 6.3.2. Requirement for initial deposit. An initial deposit may not be required from T residential Customers unless the Customer has more than one (1) occasion during the last twelve (12) consecutive months of service in which a bill for. utility service was paid after becoming delinquent or if the Customer's service was disconnected for nonpayment. A deposit required pursuant to this section shall not exceed an amount equivalent to one-sixth (116) of estimated T annual billings. Such deposit may be required to be made within ten (10) days after issuance of written termination notice and. requested deposit. In lieu of initial deposit, the Customer may elect to pay the total amount due on T the current bill by the due date of the bill, provided the Customer has not exercised this option in the past twelve (12) months. The Customer may furnish in writing a satisfactory guarantee to secure payment of bills in lieu of a cash deposit. 6.3.3. Information about deposits. At the time a deposit is required, I T Company shall. provide applicants for, and Customers of, commercial, industrial, or residential service written information about deposits by providing the `Your Rights as a Customer brochure. 6.4. Guarantees of residential Customer accounts. Upon. default by a residential T Customer, the guarantor of that Customers acwunt shall be responsible for the unpaid balance of the account only up to the amount agreed to as stated in the written agreement between Company and the guarantor. ~ T 6.4.1. Notification to guarantor. Company shall provide written notification to the T guarantor of the Customer's default, the amount awed by the guarantor, and. the due date for the amount owed. ~ ~ ~ ~' (Continued on reverse side) Page 2.8 6.4.1.1. Guarantor's time to make payment. Company shall allow the T guarantor sixteen (16) days from the date of notification to pay the I amount owed on the defaulted account; 6.4.1.2. Payment date extension. If the due date falls on a holiday or N weekend, the due date for payment purposes shall be the next work I day after the due date. 6.4.1.3. Notification date. The postmark, if any, on the envelope of the N notification, or an issuance date on the notification, if there is no ' postmark on the envelope, shall constitute proof of the date of issuance. 6.4.1.4. Transfer of balance to guarantor. Company may transfer the ~ T amount owed on the defaulted account to the guarantor's .own o service bill provided the guaranteed amount owed is identified- separately on the bill as required by the PUCT Substantive Rules. ~ T 6.4.2. Disconnection of guarantor's service. Company may disconnect service to ~ T the guarantor for nonpayment of the guaranteed amount only if such disconnection was included in the terms of the written agreement, and only after proper notice as described by the PUCT Substantive Rules ~ T 6.5. Credit for commercial and industrial service. In the case of commercial or industrial ~ T service, if the credit of an applicant for service has not been established satisfactorily to Company, the applicant may be required to make a deposit. ~ T 6.6.Amount of deposit and interest for permanent residential, commercial, and industrial ~ T service and exemption from deposit. 6.6.1. Amount of deposit. The required deposit shall not. exceed an amount T equivalent to one-sixth (1/6) of the estimated annual billings 6.6.1.1. Initial deposit. After the first twelve (12) months of service, a deposit ~ T may be requested prior to the issuance of the bill. 6.6.1.2. Requirement for deposit. To require such deposit, the Customer T must have been late paying a bill more than once during the last twelve (12) months or had service disconnected for nonpayment; 6.6.1.3. Forth of request for deposit. The request for such deposit must be ~ T issued in writing and must indicate that the Customer may elect to pay the total amount due on the curtent bill by the due date of the bill T in lieu of the deposit provided the Customer has not exercised this option in the previous twelve (12) months; r sF 5 ~Ni +u 7 i Y _ y <I TERMS AND CONDITIONS (Continued on next page) SECTION N RULES AND REGULATIONS Page 2.9 ENTERGY TEXAS,.INC. Sheet No.: 6 Electric Service Effective Date: 1-28-09 Revision: 8 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 6.7 6.6.1.4. Failure to remit deposit. Company may disconnect service if the T deposit or the moment usage payment is not made within-ten (10) days ofYequest provided a written disconnect notice has been issued to the Customer. Such disconnect notice may' be issued:. - concurrently with the written request for the deposit or current usage. payment. 6.6.2. Additional deposit. If actual billings for the last twelve (12) months of a T Customer are at least twice the amount of the original estimated annual billings, and a disconnection notice has been issued on a bill within the previous twelve (12) month period, an additional-deposit may be required to be made within ten (10) days after issuance of written notice of termination and requested additional deposit. In lieu of an additional deposit, the Customer may elect to pay the total amount due on the cumerit bill by the due date of the bill, provided the Customer has nbt exercised this option in the previous twelve (12) months. If the additional deposit is not paid within ten T (10) days of the request, Company-may disconnect service if a written ( disconnection notice has been issued to the Customer. The disconnection notice may be issued concurrently with the request for the additional deposit. 6.6.3. Interest on deposit: If the Customer has beeh required to make a deposit, T the Company shall pay interest on such a deposit at an annual rate at least equal to that set by the PUCT. The rate of interest to be paid. on Customer ~ T deposits in accordance with Tex. Rev. Civ. Stat. Ann. art. 1440A (Vernon 1989) is established annually on December 1 for the subsequent calendar year by the Commission, as reflected in the Order Setting Interest Rates included in this tariff. If a refund of deposit is made within thirty (30) days of T receipt of deposit, no interest payment is required. If Company retains the deposit more than thirty (30) days, payment of interest shall be made retroactive to the date of deposit. 6.6.3.1. Timing of interest payments. Payment of the interest to the ~ T Customer shall be annually if requested by the Customer, or at the time the deposit is returned if credited to the Customer's account. 6.6.3.2. Termination of interest payments. The deposit shall cease to draw ~ T interest on the-date it is returned or credited to the Customers account. Deposits for temporary or seasonal service and for weekend residences. Company may require a deposit sufficient to reasonably protect ft against the assumed risk for temporary or seasonal service or weekend residences, provided such policy is applied in a uniform and nondiscriminatory manner. These deposits shall be returned according to guidelines set forth norain ~T ~T IT (Continued on reverse Page 2.10 6.8. Complaint by Applicant or Customer. Company shall direct its personnel engaged in ~ T initial contact with an applicant or Customer for service, seeking to establish or reestablish credit under the provisions of these sections, to inform the Customer, if dissatisfaction is expressed with Company's decision, of the Customer's right to file a I T complaint with the PUCT thereon. 6.9. Reestablishment of credit. Every applicant who previously has been a Customer of T Company and whose service has been discontinued for nonpayment of bills or theft . of service (meter tampering or bypassing of meter) shall be required, before service is rendered, to pay all amounts due Company or execute a deferred payment agreement, 'rf offered,- and reestablish credit as provided in Section. 6.3.1 of this section. The burden shall be on Company to prove the amount of utility service received but not paid for and the reasonableness of any charges for such unpaid service, as well as all other elements of any-bill required to be paid as a condition of service restoration. 6.10. Records of deposits. ~ T 6.10:1. Company shall keep records to show: ~ T 8.10.1.1. the name and address of each depositor; ~ T 6.10.1.2. the amount and date of the deposit; and ~ T 6.10.1.3. each transaction concerning the deposit. ~ T 6.10.2. Issuance of deposit receipt. Company shall issue a receipt of deposit to ~ T each applicant. from whom a deposit is received and shall provide means whereby a depositor may establish claim if the receipt is lost 6.10.3. Undaimed deposit records. A record of each undaimed deposit must be I T maintained for at least four (4) years, during which time Company shall make a reasonable effort to return the deposit. 6.11. Refund of deposit ~ T 6.11.1. Refund of deposit at disconnection. If service is not connected, or after T disconnection of service, Company shall promptly and automatically refund the Customer's deposit plus accrued interest or the balance, 'rf any, in excess of the unpaid bills for service furnished. A transfer of service from one premise to another within the service area of Company shall not be deemed ~ T a disconnection within the meaning of these sectidns, and no additional deposit may be demanded unless permitted by these sections. _ ~ ` TERMS AND CONDITIONS (Continued on next page) SECTION N RULES AND REGULATIONS Page 2.11 ENTERGY TEXAS, INC. Sheet No.: 7 Electric Service Effective Date: 1-28-09 Revision: 8 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 6.11.2. Refund of deposit for accounts in gobd standing. When the Customer has paid bills .for service for- twelve (12) consecutive residential billings or far twenty-four (24) consecutive commercial or.industrial billings without having service disconnected for nonpayment of bill and. without having more-than two (2) occasions in which a bill was delinquent, and when the Customer is not delinquenf in the payment of the current bills, Company shall promptly 'and automatically refund the deposit plus accrued interest to the Customer in the form of cash or credit to a Customer's bill. If the Customer does not meet these refund criteria, the deposit and interest may be retained. 6.12. Upon sale or transfer of Company. Upon the sale or transfer of Company or operating units thereof, Company shall provide the buyer all required deposit records. 7. BILLING. 7.1.Monthly billing and payment. The Customer will receive and pay monthly for all electric service supplied in accordance with the applicable rate schedules. Bills will be rendered monthly in accordance with said rate and as promptly as possible following the reading of meters. The terms "month" and "monthly" as used herein-are intended to designate. the period between any two (2) consecutive meter readings, either actual or estimated, at approximately thirty (30) day intervals. 7.2. Estimated bills. 7.2.1. Inability to access meters. In months where the meter reader is unable to gain access to the premises to read the meter on regular meter reading trips, or in months where meters are not read, the Company will provide the Customer with a postcard and request the Customer to read the meter, enter the reading on the card, and return the card to the Company. If such postcard is not .received by Company in time for billing; Company may estimate meter reading and render a bill accordingly. 7.2.2. Requirements for actual meter reading. When there is good. reason for doing so, estimated bills may be submitted provided that an actual meter reading is taken every three (3) months. 7.2.3. Customer read program. If Company has a program in which Customer reads its own meter and reports its monthly usage and no meter reading is submitted by Customer, Company. may estimate Customer's usage. and issue a bill. However, Company must read the meter if Customer does not submit readings for three (3) consecutive months so that a corrected bill may be issued. T IT T T IT ~T IT IT ~T IT ~T IN u on reverse side) Page 2.12 7.3. Bill content. Customers bill shall inGude the following information: 7.3.1: 'rf the meter is read by Company, the date and reading of the meter at the beginning and at the end of the billing-period; 7.3.2. the due date of the bill; 7.3.3. the number and kind of units metered (with-the billing load in whole kW or whole kVA as the case may be. If the fraction is less than half, it is dropped; if it is half or more, R is counted as the Went whole number; 7.3.4. the applicable rate schedule; 7.3.5: the total amouht due after addition of any penalty for nonpayment within a designated period; 7.3.6. the word "Estimated° prominently displayed to identify an estimated bill; 7.3.7. any conversions from meter reading units to billing units, or any other calculations to determine billing units from recording or other devices, or any other factors used in determining the bill; and 7,3.8. any amount owed under a written guarantee contract provided the guarantor was previously notified in writing by Company. 7.4. Due date. The due date of the bill for utility service-shall not be less than sixteen (16) days after issuance. A bill for utility service is delinquent if not received at Company or at Company's authorized payment agency by the close of business on the due date. The postmark, if any, on the envelope of the bill, or an issuance date on the bill, if there is no postmark on the envelope, shall constitute proof of the date of issuance. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next work day after the due date. 7.5.Request for charges breakdown. Company shall provide free to Customer a breakdown of charges at the time service is initially installed or modified and upon request by Customer as well as the applicable rate schedule. 7.6. Penalty on delinquent bills for retail service. A one time penalty not to exceed five percent (5.0%) may be made on delinquent commercial or industrial bills; however, no such penalty shall apply to residential bills under this section. The five percent (5.0%) penalty on delinquent commercial and industrial bills may not be applied to any balance to which the penalty was applied in a previous billing. If providing service to the state of TeRas, Company shall not assess a fee, penalty, interest or other charge to the state for delinquent payment of a bill. ~N IN ~N IN ~N IN ~N N IN Ir N T ].7.Optional Billing Plans. The Company offers. a number of optional billing plans for the T convenience of residential Customers-and churches. These plans inGude Equal Pay, Budget Billing andthe Deferred Payment Plan options. The Equal Pay and Budget Billing options provide elderly and chronically ill residential Customers who may be on fined incomes and other Customers whose bills vary widely due to seasonal usage-or demands an opportunity to Ievelize their bills. The Deferted Payment Plan is any arrangement between the Company and the Customer which allows an outstanding bill to be paid in installments that extend beyond the due date of the next bill. These Optional billing plans are described below ~~ :,i . l 1 F L ~L"C ~ F r a.} TERMS AND CONDITIONS (Continued on next page). SECTION IV RULES AND REGULATIONS Page 2.13 ENTERGY TEXAS, INC. Sheet No.: 10 Electric Service Effective Date: 1-28-09 Revision: 8 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 7.7.1. Equal Pay. This option is intended to provide residential customers and ~ T churches (served under rate Schedule SGS and GS) with fined monthly payments for a twelve (12) month period. ~ T 7.7.1.1. Determination of payment. The Customers bill will reflect twelve (12) T equal monthly payments. The net amount payable for service for the curcent I T month will equal, to the nearest whole dollar, one-twelfth (1/12) of the previous twelve (12) months usage for metered services to this account billed at the appropriate customer Gass rate. This equal pay amount will remain in effect for T twelve (12) months. Every twelve (12) months, the Customer's Equal Pay amount will be recalculated based upon actual usage. The new Equal Pay amount will equal one-twelfth (1/12) of the sum of the previous twelve (12) months usage of metered services billed: at the appropriate customer Gass rate plus or minus one-twelfth. (1/12) of the total accumulated difference between T -previous debits and the amounts payable under the plan. D 7.7.2. Budget Billing. This option allows residential customers and churches ~ T (served under Rate Schedules SGS and GS) to spread the cost of electric energy more evenly from month to month. Since the Budget Billing amount is a rolling average of the previous twelve (12) months, actual usage and a ~ T portion of the accumulated difference between actual usage and the amount paid under this option, the Customer's bill will vary from month to month. 7.7.2.1. Determination of payment. The Customers monthly bill will be T computed in accordance with the applicable rate schedule and the Customer's account will be debited by such amount. The net amount payable for the current month will equal, to the nearest whole dollar, the average monthly amount debited to the Customer's account during the twelve (12) months ending with the current month, plus or T minus one-twelfth (1/12) of the accumulated difference between previous debits and the amounts payable under the plan. 7.7.3. Termination of participation in payment options. Billing under either the T Equal Pay or Budget Billing options described above may be automatically p terminated upon discontinuance of service for any reason and may be terminated on other grounds, as described in Section 8 "DISCONTINUANCE T OF SERVICE" herein. Any balance due or owing shall then be payable by Customer and Company will offer the Deferced Payment Plan described below, subject to the provisions of that plan. In the event the Customer decides to withdraw from either of the Company's optional billing plans for any reason, the Customer will not be eligible for readmission to either plan until the thirteenth (13r') month following such withdrawal. T 7.7.4.- Determination of fuel revenues. For establishing the monthly fuel revenues I T received from Customers paying under the Equal Pay or Budget Billing options, the Company will use the level of metered energy times the fuel factor used for billing purposes In no event shall the amount assigned (Continued on reverse Page 2.14 and/or recognized for fuel revenues it the fuel reconciliation process for Customers served under these options exceed the amount determined by multiplying the level of metered energy times the fuel factor used for billing purposes 7.7.5. Deposit for Optional Billing Plan Customers. Company may require a deposit from a Customer entering into the Equal Pay or Budget Billing plans. The Company shall pay interest on the deposit and may retain the deposit for the duration of the Equal Pay or Budget Billing plans. 7.8. Deferred Payment Plan. A deferred payment plan is any written arangement between Company and a Customer in which an outstanding bill will be paid in installments that extend beyond the due date of the next bill. Company shall offer, upon request, a deferred payment plan to any residential Customer who has expressed an inability to pay all of his or her bill, if that Customer has not been issued more than two (2) disconnection notices at any time during the preceding twelve (12) months. e 7.8.1. Minimum number of defered payment plan payments. Every defered payment plan entered into due to the Customer's inability to pay. the outstanding bill in full shall provide that the delinquent amount may be paid in equal installments lasting at least three (3) billing cycles. Company may, at its discretion, extend the payment period based upon a reasonableness determination. 7.8.2. Determination of reasonableness of deferred payment plan. For purposes of determining reasonableness under these rules, the following shall be considered: 7.8.2.1. Size of the delinquent account; 7.8.2.2. Customer's ability to pay; . 7.8.2.3. Customer's payment history; 7.8.2.4. Time that the debt has been outstanding; 7.8.2.5. Reasons why debt has been outstanding; and 7.8.2.8. Any other relevant factors wnceming the circumstances of the Customer. 7.8.3. Written defered payment plan requirements. A defered payment plan offered by Company, when reduced to writing, shall state immediately preceding the space provided for the Customers signature and in boldface print no smaller than fourteen (14) point size that "If you are not satisfied with this contract, or ff agreement was made by telephone and you feel this contract does not reflect your understanding of that agreement, contact the electric utility immediately-and do not sign this contract. If you do not contact the electric utility, or if you sigri this agreement, you may give up your right to dispute the amount due under the agreement except for the electric utility's failure or refusal to comply with the terms of this agreement." ~T ~T ~T IT IT IT T T ,, , , _ .. , -. - '` ," TERMS AND CONDITIONS (Continued on next page) SECTION N RULES AND REGULATIONS ENTERGY TEXAS, INC. Electric Service TERMS AND CONDITIONS Page 2.15 Sheet No.: 11 Effective' Date: 1-28-09 Revision: 9 Supersedes: Revision Effective 12-18-98 Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 7.8.4. Providing deferred payment. plan information to Customer. If the Customer N and Company or its agent meet in person, Company shall read the preceding .statement to the Customer. Company shall provide information to the Customer in English and Spanish as necessary to make this language understandable;o the Customer. 7.8.5. Content of defered payment plan. A deferred payment plan shall include . N the following: (i) length of time covered by the plan; (ii) total amount to be I paid under the plan; and (iii) the spectfic amount of each installment. 7.8.6. Defered payment plan late payment penalty. A deferred. payment plan may ~ T include a five percent (5%) penalty for each late payment made under the plan after the plan is initiated, but shall not include a finance charge. 7.8.7. Disconnection for defered payment plan default. If a Customer for electric T service has not fulflled terms of a deferred payment plan, Company shall have the right to disconnect service. However, Company may not disconnect service until a disconnect notice has been issued to the Customer indicating the Customer has not met the terms of the plan. Such notice and disconnection shall conform with the disconnection rules found in the PUCTs Substantive Rules. Under such circumstances, Company may, but shall not be required to, offer subsequent negotiation of a defered payment plan prior to disconnection. No additional disconnection notice is required if Customer T did not sign the defered payment plan, and is not otherwise fulfilling the terms of the plan and Customer was previously provided a disconnection notice for the outstanding amount. 7.8.8. Non-discrimination. If Company institutes a deferted payment plan, it shall ~ T not refuse customer participation in such a program on the basis of race, color, sex, religion, nationality, or marital status. ~ T 7.8.9. Method for entering deferted payment plan. A deferced payment plan may T be made by contacting Company by telephone. If the plan is made over the telephone, Company shall send a copy of the plan to the Customer for. signature. Company must. provide the Customer with a copy of the signed plan. 7.8.10. Renegotiation of defered payment plan. If the Customer's economic or ~ T financial circumstances change substantially during the time of the defered payment plan, Company may renegotiate the defered payment plan with the ~ T Customer, taking into account the changed economic and financial circumstances of the Customer. 7.8.11: Refusal to offer defered payment plan. Company is not required to enter ~ T into a deferred payment plan with any Customer who is lacking sufficient - . _ _ _ (Continued on reverse side) Page 2.16 credit or a satisfactory history of payment for previous service when that Customer has had service from Company for less than three (3) months. 7.9. Payment arrangements.- Payment arrangements are ~-any arrangements or agreements between Company and a Customer in which an outstanding bill will be paid after the_due date of the outstanding bill but before the due date of the nextbill. If a Customer does not fulfill the terms of such payment arrangements, Company shall have the right to disconnect service. If a disconnect notice was issued. prior to the payment arrangements being.made, such notice shall suffice as notice to the Customer. If payment artangements are made prior to issuance of a disconnect notice, -such notice must be issued before the Customer's service may be `'disconnected. 7.10:Overbilling. If billings for utility service are found to be higher than Company's lawful rates for the services being purchased by the Customer, a billing adjustment shall be calculated by Company. If the Customer is due a refund, an adjustment shall be made for the entire period of the overcharges. If an overcharge is adjusted by Company within three (3) billing cycles of the bill in error, interest shall not accrue. Unless provided. in this section,. ff an overcharge is not adjusted'by Company within three (3) billing cycles of the bill in error, interest. shall be applied to the amount of the overcharge. Interest on overcharges that are not adjusted by Company. within three (3) billing cycles of the bill in ertor shall accrue from the date of payment unless Company chooses to provide interest to all of its affected Customers from the date. of the bill in error. Interest shall be compounded monthly based on the annual rate. Interest shall not apply to leveling plans or estimated billings. 7.11Underbilling. If billings for. utility service are found to be lower than Company's lawful rates for the services being purchased by the Customer, or if Company fails to bill Customer fdr such service,. a billing adjustment shall be calculated by Company. Interest shall not apply to undercharged amounts unless such amounts are found to be the result of theft of service (meter tampering, bypass, or diversion) by the Customer. Interest on undercharged amounts shall be compounded monthly and shall accrue from the day the Customer is found to have first tampered, bypassed, or diverted. If the Customer was undercharged or Company failed to bill for service; Company may backbill the Customer for the amount which was underbilled. The backbilling is not to exceed six (6) months from the date the error was discovered unless the undercharge is a result of theft of service by the Customer. However, Company may disconnect service if the Customer fails to pay charges arising from an underbilling. If the underbilling is fifty dollars ($50.00) or more, Company shall offer the Customer a deferred payment plan option for the same length of time as that of the underbilling. In cases of theft of service, Company may, but is not required to, offer a Customer a deferred payment plan. 7.12.Rate of interest. The rate of interest to be paid on overcharges or undercharges in accordance with the PUCT Substantive Rules is established annually on December 1. for the subsequent calendar year by the PUCT, as reflected in the Order Setting Interest Rates included in this tariff. 7.13. Disputed bills. 7.13.1. Investigation. In the event of a dispute between a Customer and Company regarding any bill for utility service; the Company shall forthwith make such investigation as shall. be .required by the particular case, and report the ': results thereof to the Customer and, in the event the dispute is not resolved, ~T T IT T D T T D T i~ IT IT shall inform the Customer of the complaint procedures of the PUCT. _ ~ T , . AND CONDITIONS (Continued on next page) SECTION N RULES AND REGULATIONS Page 2.17 ENTERGY TEXAS, INC. Sheet No.: 11A Electric Service Effective Date: 1-28-09 g Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets . TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 7:13.2. Obligations pending complaint resolution. Notv~ithstanding any other section ~ T of these rules, the Customer shall not be required to pay the disputed T portion of the bill until the dispute is completely resolved by Company. If Customer files a wmplaint with the PUCT; service shall not be disconnected for nonpayment of the disputed portion of the bill before the PUCT wmpletes its informal complaint resolution process and informs Customer of its determination. 7.13.3. Payment of undisputed billings. Customer is obligated to pay any billings T .not disputed. 7.14. Transfer of delinquent balances. ff Customer has an outstanding balance due. T from another account in the same customer class, Company may transfer that balance to Customer's current account. The delinquent balance and specific account shall be identified as such on the bill. 8. DISCONTINUANCE OF SERVICE. The Company will not discontinue service to the Customer if prohibited from doing so by the then effective rules of the appropriate regulatory authorities. The PUCT rules provide: ~ T 8.1. Disconnection for delinquent bills. A Custbmer's utility service may be disconnected ~ T 'rf a bill has not been paid or a deferred payment agreement entered into within twenty-six (26).days from the date of issuance of a bill andrf proper notice has been I T given. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection, with the words "disconnection notice" or similar language prominently displayed on the notice. The information included shall be provided in English and Spanish as necessary to adequately inform the Customer. Attached to or on the face of the disconnection notice for electric bills ~ T shall appear a statement notifying the Customer that if they are in need of assistance with the payment of the bill, or are ill and unable to pay their bill, they may be eligible for payment assistance or special payment programs, such as deferred payment plans, disconnection moratoriums for the ill, or energy assistance programs, and to contact Company's telephone center at 1-800-ENTERGY for information on the ~ T available programs. If mailed, the cutoff day may not fall on a holiday or weekend, but shall fall on the next working day after the tenth (10"') day. Payment of T Company's authorized. payment agency is considered payment to Company. The Company shall not issue late notices or discohnect notices to the Customer earlier than the f rst (1 a) day the bill becomes delinquent, so that a reasonable length of time ~ T is allowed to ascertain receipt of payment by mail or at Company's authorized payment agency. 82. Disconnection with notice: Utility service may be disconnected after proper notice ~ T for any of the following reasons: 8.2.1. Failure to pay a delinquent account for utility service, failure to make defered I T payment arrangement or.failure to comply with the terms of a defered payment agreement ~_ (Continued on reverse side) Page 2.18 8.2.2. Volation of Company's roles pertaining to the use of service in a manner ~ T _ which interteres with the service of others or the operation of nonstaridard equipment, if a reasonable attempt has been made to notify the Customer and the Customer is provided with a reasonable opportunity to remedy the situation; 8.2.3. Failure to comply with deposit or guarantee arrangements where required by T the PUCT Substantive Rules; or 8.2.4. Failure of the guarantor to pay the amount guaranteed when Company has a T written agreement signed by the guarantor that. allows for disconnectign of the guarantor's service. 8.3, Disconnection without prior notice. Utility service may be disconnected without prior ~ T -- notice where a dangerous condition exists for as long. as the condition exists or -where service is connected without authority by a person who has not made application for service or who has reconnected service without authority following termination of service for nonpayment or in instances of tampering with Company's . T meter or equipment; bypassing the same, or in other instances of diversion. Where I D reasonable, given the nature of the hazardous condition, a written statement providing notice of disconnection and the reason therefor shall be posted at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected. 8.4. Disconnection Prohibited. Utility service may not be disconnected for any of the ~ T following reasons: 8.4.1. Delinquency in payment for utility service by a previous occupant. of the ~ T premises; 8.4.2. Failure to pay for merchandise, or charges for nonutility service provided by T Company; 8.4.3. Failure to pay for a different type or class of utility service unless fee for such T service was included on that account's bill at the time service was initiated; 8.4.4 Failure to pay the account bf another Customer as guarantor thereof; unless T Company has in writing the guarantee as a condition precedent to service; 8.4.5. Failure to pay charges arising from an underbilling except theft of service; T more than six (6) months prior to the curcent billing; 8.4.6. Failure to pay charges arising from an underbilling due to any faulty ~ T metering, unless the meter has been tampered with or unless such underbilling charges are due under Rule 25.126 of this title (relating to Meter T Tampering). 8.4.7. Failure to pay an estimated bill other than a bill rendered pursuant to an T approved meter reading plan, unless Company is unable to read the. meter due to circumstances beyond its control. 8.4.8 Failure to-pay disputed charges, except for the required average billing T payment, until a determina8oh as to the accuracy of the charges has been made by Company or the PUCT and Customer has been notified of this .determination. .. TERMS AND CONDITIONS (Continued on next page) SECTION N RULES AND REGULATIONS ENTERGY TEXAS, INC. Electric Service TERMS AND CONDITIONS Page 2.19 Sheet No.: 11A Effective Date: 1-28-09 Revision: 9 Supersedes: Revision Effective 12-18-98 Schedule Consists of: Thirteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE B.S.Disconnection on holidays or weekends. Unless a dangerous condition exists, or unless the Customer requests disconnection, service shall not be disconnected on holidays or weekends, or on a day immediately preceding a holiday or weekend unless Company personnel are available to the public for the purpose of making collections and reconnecting service. 8.6. Disconnecfion due to electric utility abandonment. Company may not abandon a Customer or a certfied service area without written notice to its Customers therein and all similar neighboring utilities, and approval from the PUCT. 8.7. Disconnection for ill and disabled. Company may not discontinue service to a delinquent residential Customer permanently residing in an individually metered dwelling unit when that Customer establishes that discontinuance of service will result in some person residing at that residence becoming seriously ill or more seriously ill if service is discontinued. Each time a Customer seeks. to avoid termination of service under this rule, the Customer; by the stated date of disconnection, must have the attending physician (for purposes of this rule, the tens "physician" shall mean any public health official,. including, but not limited to, medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) call or contact Company by the stated date of disconnection. A written statement must be received by Company from the physician and Customer must enter into a defened payment plan The prohibition against service termination provided by this rule shall last sixty-three (63) days from the issuance of the utility bill or such lesser period as may be agreed upon by Company and the Customer or physician. 8.8. Disconnection to energy assistance grantees. No electric public utility may terminate service to a delinquent residential Customer for a billing period in which the Customer has applied for and been granted energy assistance funds 'rf any agency for administration of these funds has notified the utility, prior to the date of disconnection, of approval of an award sufficient to cover the bill, or a portion of the bill so that the Customer can successfully enter into deferred payment plan for the balance of the bill. 8.9. Disconnection during extreme weather. On a day when the previous day's highest temperature did not exceed 32° F and the temperature is predicted to remaih at or below that level for the next twenty-four (24) hours, according to the nearest National Weather Service (NWS) reports, or when the NWS issues a heat alert advisory for any county in Company's service territory, or when such heat advisory has been issued on any one of the preceding two (2) calendar days, Company cannot disconnect a Customer anywhere in its service territory. IT T IT IT IT T IT ~T T 8.10. Disconnection of master-metered apartments. When a bill for electric service is T delinquent for amaster-metered apartment complex, Company shall send a notice to ,_ Customer and infonn Customer that notice of possible disconnection will be provided _. to tenants of the apartment complex in six (6) days if payment is not made before that _. , __ -. (Continued an reverse-side) Page 2.20 time: At least six (li) days after providing notice to Customer and at least four (4) days T before disconnecting, Company shall post a minimum of five (5) notices in conspicuous areas in the corridors or other public places of the complex. Language in the notice shall be in large type and shall read: "Notice to resident of(name.and address of apartment complex): Electric utility service to this apartment complex is scheduled for disconnection on (date), because (reason for disconnecton.)° 9. RATE AND USE OF SERVICE. 9.1. Prohibited use of service. Except when required by law or when specifically ~ T provided for in-the. contract or rate schedule in effect between Company and Customer, Customer shall not, directly or indirectly, resell, sublet, assign, share, or otherwise dispose of the electric service, or any part of such service, and. where provided. pursuant to contract, shall use such service only for purposes- described in its contract with Company. Except when specifically provided for in a contract in effect between Company and Customer, Customer shall not use the electric service supplied by Company as supplementary, standby or breakdown service. If, and only if, Customer and Company enter into a spedfic contrail therefor, Company wil6 supply auxiliary and standby service pursuant to the terms of such contract. In-such event, the Customer agrees to arrange Rs wiring, 6y means of a double-throw switch or other suitable devices, so that Customer's equipment cannot create a hazard on the Company's lines by energizing the same, and Customer further assumes all responsibility for energizing of Company's lines by Customer's equipment and agrees to protect and save Company harmless and indemnified from injury or damage to persons or property occasioned by the energizing of Company's lines by Customer's equipment. 9.2. Prohibition against extensions of service. The Customer will not extend nor connect ~ T installations across a street, alley, .lane, or other public space in order to obtain service for other premises, even though-such other premises may be owned by the Customer, except on written consent of the Company. 9.3.Appliceble rate. If more than one rate is applicable to Customer's service, Customer ~ T may choose whichever applicable rate is best adapted to his existing or anticipated service on at least a twelve (12) month basis, and having selected such rate may not T again change rate within a twelve (12) month period without the prior written consent of Company. The preceding sentence shall in no event, however, permit a Customer to change or abrogate the Customer's obligations under any contract, rate schedule or rider for payment of any minimum or facilities charges. A new Customer will be given reasonable opportunity to determine his service requirements before selecting the most favorable rate for such requirements. The Company does not assume responsibility that Customer will be served under the mast favorable rate and the Company shall have no liability to make refunds covering the difference in charges under the rate in effect and the charges under any other rate applicable to Customer's service. SECTION N RULES AND REGULATIONS. ENTERGY TEXAS, INC. Electric Service TERMS AND CONDITIONS .. Page 2.21 Sheet No.: 11 B Effective Date: 1-28-09 Revision: 0 Supersedes: Revision Effective 12-18-98 Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 10. RATE CHANGES BY COMPANY. The rates and charges charged Customer will be the Company's going rates and charges in effect for like. conditions of service to the Customers class of service, as provided in the Company's rateschedules, or in effective superseding or additional rate schedules promulgated by the Company which are filed ~ T with, accepted for filing, oc approved, as appropriate, by the regulatory authority having: jurisdiction thereof. Anything in these Terms and Conditions, any contrail with Customer, or any rate schedule to the contrary notwithstanding, each and all rates and charges by Company in any rate schedule maybe changed by the Company from time to time, at ~ T any time, and Company shall have and Hereby specifically reserves the right in all events .. to change the rates and charges it charges for its services in accordance with applicable law and procedures prescribed by the regulatory authorities having jurisdiction over such rates and charges and to seek and place in effect changes or additions in its-rates and' ~ T charges without the concurrence or joinder of Customer. All increases in rates and charges and applicable additional rates-and charges by Company shall apply to service T contracted prior to the effective date of the increase or addition as well as service T contracted after such effective date. Such rates shall be effective from such date with D respect to service thereafter famished to Customer even though such rate may not then D be made effective as to all Customers within such class because of then existing contract restrictions or because of regulatory or governmental action,-delay, or inaction with respell to such rights as may be provided by applicable law and regulatory procedures to contest before the regulatory authority having jurisdiction whether any such changes or T additions in rates and charges are just and reasonable. 11. POINT OF DELIVERY. The Company will normally supply to one premise only one point of delivery and only one of Company's standard types ' of services- and the Customer's installation is to be so arranged that Company measures the .Customer's electric service with one metering installation. Unless otherwise specified in any written wntrail with Customer, the point of delivery of service shall be on the outside walls of Customer's building at a point nearest the lines of the Company. The Company shall have access to its property on Customer's premises at all reasonable times in accordance with these terms and conditions.. The Company's rate schedules unless otherwise stated in the schedules contemplate only one point of delivery to one premise, by overhead (aerial) connection by the shortest and most direct route.-Only underground service is available in underground network areas. 12. METERING. All meters. and devices, excluding the meter enGosure, necessary to measure eleilric energy are to be famished by the Company and will remain the property of the Company. Company shall provide appropriate metering devices based on rate schedule and service requirements - ~ _ ~ ' (Continued on reverse side) Page 2.22 12.1. Meter testing frequency. The Compahy will test its meters at intervals as may I T , .. be required by the latest edition of the American National Standards Institute Incorporated (ANSI) Standard C12, unless speafied otherwise by the PUCT. In case of questions as to the accuracy of the Company's measuring instruments, either party shall have the rightat anytime, and from time to time, upon giving reasonable notice to the other party to have them tested, and, if.necessary, recalibrated with both parties represented at the test. _ 12.1.1. Meter tests on request of Customer. Company shall, upon the request of a T Customer, test the accuracy of Customer's meter at no charge to Customer. The test shall be made during Company's normal working hours and shall be scheduled to accommodate Customer or Customer's authorized representative if Customer desires to observe the test. The test should be made on the Customer's premises, but may, at Company's discretion, 6e made at Company's test laboratory. - 12.1.2. Additional meter testing requests. If the meter has been tested by T Company, or by its authorized agency, at the Customer's request, and within a period of four (4) years the Customer requests a new test, Company shall make the test. However, 'rf the subsequent test finds the meter is within the accuracy standards established by ANSI, Company may charge the Customer a fee. which represents the cost to test the meter, but this charge shall in no event be more than fifteen dollars ($15.00) for a residential Customer. Following the completion of any requested test, Company shall ~ T promptly advise the Customer of the date of removal of the meter; the date of the test, the result of the test; and who made the test. 12.2. Bill adjustment due to meter error. If-any meter is found to be outside of the accuracy standards established by ANSI, readings for the prior six (6) months, or from the time the meter was in service since last tested, but not exceeding six (6) months, shall be corrected, and adjusted bills shall. be rendered. No refund is required from Company except to the Customer last served by the meter prior to the testing. If a meter is found not to register for any period, unless bypassed or tampered with, Company shall estimate and charge for units used, but not metered, for a period not to exceed three (3) months based on amounts used under similar conditions during periods preceding or subsequent thereto, or during wrresponding periods in previous years. T 12.3. Relocation at Customer's request. Where the meter location on Customer's T premises is changed. at Customer's request or due to alterations on Customer's _ premises, Customer-shall provide and have. installed at Customer's expense all wiring and equipment necessary for relocating the meter. SECTION IV RULES AND REGULATIONS Page 2.23' ENTERGY TEXAS, INC. Sheet No.: 11 D Electric Service Effective Date: 1-28-09 Revision: 0 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE 13. DEFAULTAND SUSPENSION OF SERVICE. 13.1. .Suspension of service. The Company may suspend service and remove its faalities from the Customer's premises for any of the following reasons: (a) default by Customer in the payment in full of any sums due to Company under any contract with Customer, or the Terms and Conditions, or applicable rate schedules then in effect, when due, and failure to cure such default within ten (10) days after written notice from the Company to Customer demanding payment; (b) failure of the Customer to pertorm any of its obligations under ariy contract with Customer or to comply with any of these Terms and Conditions, or the applicable provisions of any rate schedule; (c) fraud or abuse by Customer, or failure of Customer to prevent fraud or abuse in the application for service, receipt by Customer of electric service or in connection with the metering of such service to Customer, or discovery by Company that the meter used in connection with service to Customer has been tampered with or damaged; or (d) discovery of conditions dangerous to life and/or property. Provided that the cause for suspension has been removed and that any applicable contract with Company has not been terminated, service will be restored in cases of suspension of service for any of the above reasons after Customer has paid a fully compensatory charge to offset Company's cost incurred in disconnection and reconnection of service, and any sums due for electric service previously rendered and, if requested by Company, Customer has made a reasonable deposit to guarantee pertonnance by the Customer thereafter. Such charge for discontinuing and reconnecting service shall be in accordance with Company's schedule then in effect providing for such charge. 13.2. Notice of suspension. Except where specific notice is otherwise provided for above, reasonable notice to Customer prior to suspension of service shall be given, if and to the extent circumstances permit; provided, however, that Company shall have the right to suspend service even without notice (either by automatic equipment or otherwise) when there is not reasonable time under the circumstances to give notice such as in those dreumstances where the default, in Company's judgment, is immediately endangering or damaging the equipment or fadlities of Company or another Customer or interconnected party of Company, is intertering or may immediately interfere with service to any other Customers, is causing serious fluctuation of voltage, or is immediately endangering the stability, integrity, or safe operation of Company's system or any part thereof. Suspension of service shall not interfere with the enforcement by the Company of any rights of the Company under any contract with Customer, or the-Terms and Conditions, of rate schedules then in effect, or of any other legal right, claim, or remedy Company may have against Customer. 13.3. Termination of service due to default Should the Customer at any time be in default under Gause (a) or (ti) above and fail to wre same after the notice provided for above, be in default in its obligations under Section 14 relating to requested curtailment, or ff circumstances in clause (c) above should occur, then Company may, at its sole election, terminate and cancel any contract for electric service then in _. = G T IT IT IT IT IT (Continued on reverse Page 2.24 effect with Customer, in which event the parties shall thereby be severally released from all obligations hereunder, other than rights of action then already accrued. 14. INTERRUPTIONS AND CURTAILMENT. 14.1.No guarantee against irregularities or interruptions. Company shall supply ~ T Customer a steady and reliable supply of electric energy, but does not warrant or guarantee the service against irregularities or interruptions. Company shall not be liable to Customer, whether under contract or otherwise, for any damages or loss, direct or consequential, by reason of the failure of the Company to supply, or the Customer to receive; electric energy, or for any interruption, voltage reductions or abnormalities, reversal of the supply, or other irregularity, in the supply of electric service to Customer where such failure, interruption, reduction, abnormalities, reversal or other irregularity, directly or indirectly, (i) is by function of undecfrequency relays or other automatic lead shedding equipment to preserve the integrity of Company's system or interconnected systems;. or (ii) is due to the negligence of Company, or its employees or contractors, and does not constitute gross negligence of ora willful default by Company; or (iii) is the result, in whole or in part, of injunction, fire, strike, lockouts and other industrial or labor disturbances; riot, explosion, storm, humcarie, wind, lightning, flood; accident, breakdown, material shortage, delay in delivery, fuel shortage, -fuel rationing or fuel curtailment, govemmental or regulatory action or inaction (including but not limited to action sought or supported by Company), acts of God, acts of any public enemy, civil disturbance, sabotage, delay or failure of pertonnance by a third party, war, national emergency, voluntary cooperation by the Company in any method of operation with, or in any program recommended or requested by civil or military authorities, or as a result of other acts or conditions, whether of the same or different type, which are beyond the reasonable control of Company (exclusive in all events of those described in (i) and (ii) preceding and the following paragraph, which operate independently). In connection with strikes, lockouts and other industrial disturbances, the settlement thereof shall be entirely within the discretion of the Company, and the Company shall not be required to make any settlement thereof by acceding to the demands of the opposing party or parties when such course is in the judgment of the Company unfavorable to the Company, and in connection with any disputes with govemmental or regulatory authorities with respell to orders, conditions, restraints, regulations or other actions, the resolution thereof shall be entirely within the discretion of the Company, and the Company shall not be required to accede to any such. actions when such course is in the judgment of the Company unfavorable to it. 14.2. Limitation of liability. Company shall not be liable to Customer, whether under T contract or otherwise, for any damages or loss, direct or consequential, by reason of (i) intenupfion of service by Company to make repairs or changes in or replace, test, or inspect the Company's equipment or facilities; (ii) interruption or curtailment of service by manual load shedding in an emergency when, in Company's judgment, such action will tend to prevent or alleviate a threat to the integrity of Company's power supply; (iii) curtailment by Company of any electric service to Customer or refusal by Company to supply additional rapacity or energy to Customer due to Company's implementations of its electric capacity and energy curtailment programs (which programs may provide for priorities as between various classes and categories of Customers and various use of electric service, may be implemented system-wide, regionally, or locally at the discretion of Company, and may be amended or supplemented by Company from time to time) whenever Company at its discretion, which shall not be exercised unreasonably, deems such implementation to be necessary because R is experiencing or is about to experience a shortage of capacty of energy resulting from any cause, subject to any order of any regulatory authority having jurisdiction; (iv) curtailment of any electric service to Customer made TERMSAND CONDITIONS (Continued on next page) SECTION IV RULES AND REGULATIONS Page 2.25 ENTERGY TEXAS, INC. Sheet No.: 11 D Electric Service Effective Date: 1-28-09 Revision: 0 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE by Company in compliance with orders or requests of any governmental agency curtailing, conserving, reallocating, or diverting available electric power resourdes or fuel (including but not limited to orders sought or supported by Company);, or (y) acceptance by Company (either with contract or without) of new Customers and additional loads of Customers being served even though doing so may affect Customer by increasing the amount, frequency, or duration of curtailmenf of service to Customer pursuant to such programs unless the Company acts in bad faith in accepting the new or additional load. Upon written request from Customer, Company will provide to Customer a copy of such programs as supplemented, modified,. and in effect from time to time. Customer shall be fully responsible for installing on the Customers side of the point of delivery all equipment necessary to enable the Customer to effect such curtailment as maybe provided for or requested under such. programs. 14.3.Additional curtailments. Whether a Customer has theretofore achieved requested ~ T curtailment or not, nothing herein shall limit the Company's rights to require further curtailment by or to interrupt service to such Customer nor limit the Customer's responsibilities with regard thereto. 14.4.Notice of curtailments. If it is practicable to do so under then existing conditions, ~ T Company shall attempt to give Customer advance notice of any interruption or curtailment, as appropriate; provided, however, that the Company shall have the right ~ D to interrupt or curtail service even without notice (either by automatic equipment or otherwise) when there is not reasonable time under the circumstances to give notice. As used in this Section, the terms "curtailment" and "curtail" shall for all purposes include voltage reductions or abnormalities, suspensions of service, and any other forms of modification, reduction, or interruption, in whole or in part, of electric service. 15. .PRORATION OF BILLING TO CONTRACT CUSTOMER. A Customer receiving service under a contract shall not be liable to Company for damages or loss, direct or consequential, by reason of the failure of such Customer to take electric service made available by Company in the amount provided for in the contrail with such Customer, where such failure is the result of injunction, fire, strike, riot, explosion, flood, accident, breakdown, acts of God, acts of any public enemy, or other acts or conditions. reasonabty beyond the control of such Customer, provided, however, the friability of such Customer, regardless of the cause, to take service made available by Company, shall not relieve such Customer from its obligation to continue to pay in accordance with the applicable rate schedules, as provided in the contract with such Customer, except that in the event of a strike at such Customer's plant being served hereunder, or in the event of physical damage to, or destruction of, such Customer's facilities at said plant, where such strike, destruction or damage prevents, for a continuous period of sixty (60) days, the use of such Customer's facilities for the purpose for which they were operated prior to such strike, damage or destruction, and if such Customer gives Company written notice of such during said sixty (60) days, then commencing sixty (60) days after the beginning of (Continued on reverse side) Page 2.26 such strike, or the happening of such damage or destruction, the amount of such Customer's Contract Power commitment under its contract with Company will thereafter be reduced to reflect the effect of such strike, damage or destruction upon the power requirements of such Customer, so long thereafter and only so long thereafter as such Customer's loss of use of its facilities, because of such strike or damage or destruction, continues. However, such Customer's obligation to pay fadlities charges is unconditional, and such charges are payable regardless of such Customer's inability or failure to take service for any reason, and minimum charges underapplicable schedules are due and payable in all events (except as provided above with respect to strike, damage or destruction) even though such Customer takes no service or takes less than the amount on which the minimum charge is based. 16. LIABILITY. Customer assumes all responsibility for the electric power and energy supplied hereunder after A leaves Company's lines at the point of delivery, as well as for the wires, apparatus and appurtenances used in connection therewith where located at or beygnd the point of delivery; and Customer hereby agrees to protect and save Company harmless and indemnified from injury or damage to persons and property occasioned by such power and energy or by such wires, apparatus and appurtenances located at and _ beyond said point of delivery, except where said injury or damage shall be shown to have been occasidned by the gross rtegligence or willful default of Company or of its ~ T wntractors. Further, Company shall not be responsible for injury or damage to anyone resulting from the acts of the employees of Customer or of Customer's contractors in tampering with or attempting to repair, operate and/or maintain any of Company's lines, wires; apparatus or equipment located on Company's side of the point of delivery and Customer will protect, save harmless and indemnify Company against all liability, loss, cost, damage and expense, including attomey's fees, by reason of such injury or damage to such employee or to any other person or persons, resulting from such acts of Customer's employees or contractors. Likewise, Customer shall not be liable for injury or damage to ahyone resulting from the acts of the employees of Company or of Company's contractors, in tampering with or attempting to repair and/or maintain any of Customers lines, wires, apparatus or equipment; and Company will protect, save harmless and. indemnify Customer from all liability, loss, cost, damage and expense, including attorney's fees, by reason of such injury or damage to such employee or to any other person or persons, resulting from such acts of Company's employees or contractors. 17. FRANCHISES, RIGHTS-OF-WAY, PERMITS, ETC 17.1.Condition for supplying service. It is understood and agreed that the Company's ~ T obligations to supply service are conditioned upon- securing and retaining the necessary franchises, rights-of-way, and permits; at costs. in its judgment reasonable and without the exercise of its right of eminent domain or expropriation, to enable it to make delivery of electric service to Customer, and the Customer agrees to fumish, free of-cost, aright-of-way over land which is owned or controlled by the Customer for delivery of electric service to Customer, and to aid in every way in securing other necessary rights-of--way, and furnish Company's employees access to premises free of tolls or other charges when employees are on Company business. 17.2.Equipment location needs. The Customer shall furnish a suitable place for the ~ T proper installation of.transforrners, meters and other electrical equipment necessary to deliver and measure the electric energy to be supplied by Company: Customer agrees not to injure nor tamper with and take any reasonable steps to prevent employees of Customer, or other persons from injuring or tampering with said transformers, meters and other electrical equipment of Company. 17.3.Maihtenance by Customer of its equipment. Customer agrees to install. and ~ T maintain in a thoroughly safe and efficient manner, and in accordance with good TERMS AND CONDITIONS. (Continued on next page) SECTION IV RULES AND REGULATIONS Page 2.27 ENTERGY TEXAS, INC. Sheet No:: 11E Electric Service Effective Date: 1-28-09 Revision: 0 Supersedes: Revision Effective 12-18-98 TERMS AND CONDITIONS Schedule Consists of: Fourteen Sheets TERMS AND CONDITIONS APPLICABLE TO ELECTRIC SERVICE electrical practice and all applicable lawful regulations, all of 'its lines, wiring, apparatus; machinery and appliances connected to the Company's line. If at any time any part of Customers lines, wiring, apparatus, machinery or appliances shall be in a condition which interferes with Company's proper service to Customer, or to its other Customers, Company jshall have the right, in addition to any other right of discontinuance hereunder,'to discontinue service to Customer until such interfering parts shall be put back'in proper operating condition, or shall have been replaced or disconnected. Except in case of emergency, ,Company shall give Customer reasonable written notice of its intehtion to discontinue service to Customer on accourSt of any such ctaimed interference and, where practical, suitable time for the ~ T repair or replacement of such intertering part. Neither party to any contract between Company and Customer assumes the duty of inspecting the other party's lines, wiring, apparatus, machinery, or appliances, or any part thereof, ahd the fact that service may have been made available does not in any way constitute Company's approval of Customer's installation. 18. PAYMENT FOR ALTERING EXISTING SYSTEMS. If the Company makes changes in existing overhead or underground systems or facilities at the Customer's request, the full cost of such changes (including but not limited to any governmental assessment, fee or tax, including any income tax which may be due by Company on any such payments) shall be paid by the Customer in advance of construction based upon Company's estimate of such costs. 19. TEMPORARY SERVICE: Installation cost, cost of materials not salvable and removal cost of facilities for temporary service shall be paid by the Customer in addition to the amounts arrived at by applying the appropriate rate schedule. The Customer shall pay to the Company in advance for the installation costs, cost of materials not salvable, and removal costs, as estimated by the Company, in addition to the deposit which may be required as security for payment for electric service. The Company may refuse to render tempdrary service 'rf service to other Customers wilt be affected adversely. 20. CONNECTIONS TO COMPANY'S LINES. All connections to the lines or facilities otthe Company will be made bythe-Company's authorized employees. 21. VOLTAGE FLUCTUATIONS. In case Customer has equipment having electric characteristics which may cause serious fluctuations of voltage and intertere with the service of the Company to its Customers, the Company may decline to serve or fo continue to serve such equipment under the Company's established rate schedules until the Customer having such equipment has provided, at his expense, suitable corrective devices to hold to reasonable limits the effect of such fluctuations. Circumstances may require such equipment to be supplied separately from other service, and in such event, the Company may require add'rtionaf contractual arrangements and may meter and bill such service separately from other service supplied to the Customer. (Continued on reverse side) Page 2.28 22. REMOVAL OF COMPANY'S FACILITIES. Upon discontinuance of service, the Company may without liability for injury or damage dismantle and remove all facilities installed for the purpose of supplying electric service to the Customer,. and shall be under no further obligations to serve Customer at that point of delivery, 23. NONWAIVER. No delay by the Company in enforcing any of its rights against Customer,. or any other Customer, shall be deemed a waiver of such rights, nor shall a waiver by the Company of one of the Customer's defaults or any default by another Customer be deemed a waiver of any other or subsequent default. 24. HEADINGS... The headings used. herein are for ease of reference only and shall not be I N used to construe or interpret the provisions of these Tenns and Conditidns. TERMS AND CONDITIONS SECTION IV RULES AND REGULATIONS Page 3.1 ENTERGY TEXAS, INC. Sheet No.: 18 Electric Service Effective Date: 7-22-88 Revision: 3 Supersedes: Revision Effective 1-1-85 F,CTENSION POLICY Schedule Consists of: One Sheet ELECTRIC EXTENSION POLICY (Residential and Small Commercial) The Company will normally extend its overhead facilities to serve new and permanent Customers when, in the Company's opinion the anticipated new revenue involved is sufficient to produce a ratio of investment fo revenue. of 4 to 1 (excluding fixed fuel factor), or less, withduf any contribution from the new Customer or Customers involved. ' When the required ratio is not satisfied by original Customers applying. for sevice, -but tfie investment is to be made in a growing area and the Company feels that the development therein will produce a ratio of 4 to 1 or less in three (3) years, such facilities will be built without cost to Customers. When the required ratio is not satisfied, applicant or applicants-for service will be required to pay to the Company the amount by which the estimated investment in the facilities exceeds the anticipated four-year revenue (excluding fixed fuel factor) to be obtained from applicable Customers to be served by the facilities. The estimated investment will include the total investment (lines, transformers, meters, services, rights-of-way, etc.), less any investment included in the total investment which should be charged. to "System Improvements," and less any nonrefundable lump sum payments covered under the Policy on Service to Small Three-phase Loads... Large Commercial and Industrial Customers will be considered separately by Company based. upon specfics of each application. SECTION IV RULES AND REG ENTERGY TEXAS, INC. Electric Service RETAIL ELECTRIC SERVICE SWITCHOVERS ~ULATIONS Page 4.1 Sheet No.: 19 Effective Date: 831-99 Revision: 4 Supersedes: Revision Effective 12-18-98 Schedule Consists of One Sheet RETAIL ELECTRIC SERVICE SWITCHOVERS A request to switch service to a consuming facility to another utility that has the right to serve: the facility shall be handled pursuant to Public Utility Commission of Texas Substantive Rule § 25.27, a copy of which will be provided upon request. Base Charge: $160.00 Base Charge Adder: $ 60.00 In multiply certificated areas, a retail customer may not avoid stranded cost recovery charges by switching to another electric utility, electric cooperative, or municipally owned utility after May 1, 1999. A customer in a multiply certificated. service area that requested to switch providers on or before May 1, 1999, or was not taking service from an electric utility on May 1, 1999, and does not do so after that date is not responsible for paying retail stranded costs of that utility. SECTION IV RULES AND REGULATIONS Page 5.1 ENTERGY TEXAS, INC. Sheet No.: 20 Electric Service- Effective Date: 1-28-09 Revision: 5 Supersedes: Revision Effective 3-22-91 UNDERGROUND DISTRIBUTION Schedule Consists of: One Sheet RESIDENTIAL POLICY WITH RESPECT TO UNDERGROUND DISTRIBUTION -RESIDENTIAL This is a statement of Entergy Texas, Inc. policy relative to residential underground distribution I T systems in subdivisions and individual underground services from overhead. systems. The policy is designed tb basidally recover the difference between underground and overhead construction costs. , Subdivision Developments _ .General Conditions An underground electric distribution system will be installed in a residential subdivision under the following conditions: (1) (a) When Comoanv installs facilities underground The developer will pay the estimated installed cost of all items required to provide an underground system that are not inherent to a comparable overhead system (e.g. conduit, pole risers, equipment, foundations, trenching and backfill, servitude fees, switch cabinets, etc.) including services. Company may require paymenfin advance. Company will develop estimating procedures that will facilitate the implementation of this policy withou4 the need for lengthy waiting periods to allow a speedy response to the prospective developer of a subdivision as to the costs involved. (b) When contractor installs facilities underground The developer will pay contractor for items listed in 1(a) above rather than the Company. (2) Company may provide street lighting facilities and service in accordance with Company's street lighting rates and practices in effect at the time service is required. In addition to those requirements, the developer will pay in advance, similar to 1(a) and 1(b) above, the installed cost of all necessary conduit, and for trenching and backfill, and for street light poles and foundations where the poles do not exist for another purpose. (3) The builder/customer will pay for temporary service for construction power and energy. in accordance with Company's standard practice at the time temporary service is required. (4) For older subdivisions where the developer was not required to pay for services, the Customer will pay in advance the cost of trenching and backfill and for installed cost of conduft for underground electrical service facilities, when such installation is required, similar to 1(a) or I(b) above. (5) It is not the intent of this policy to suggest that entire subdivisions will contain underground facilities to the exGusion of overhead facilities. Where- good engineering judgment prevails, mainlines through the middle or around the periphery may be overhead. (Continued on reverse side) Page 5.2 Easement The developer will provide suitable easements, cleared of trees, stumps and other debris, for Company's facilities with ground to be at final grade prior to start of construction. Services Where an underground system is provided under this policy, the underground service wire to the Customer's house, at point approved by Company, will be provided, owned, and maintained by Company. The builder/customer shall pay the applicable construction costs as set forth under General Conditions above. Three-Phase Electric Service Unless special contractual arrangements are made initially for athree-phase system, only single-phase electric service will be provided. Attention should be directed to Company's policy on service to small three-phase loads. The payment by developer to Company shall include any conriection charge under such policy so that where athree- phase system is arranged. for initially, no additional cdnnection charge will be required later for three-phase electric services. Construction Standards System Engineering Department will issue, when required, appropriate specifications and criteria dealing with construction standards. Division offices will design the particular systems and make the cost estimates. Individual Underground Service From Overhead Supply An underground service will be installed to serve a Customer to be supplied from an overhead circuit upon payment by the Customer of the cost of trenching and backrill and for installed cost of conduit required, including pole risers for underground service, similar to 1(a) and 1(b) above in General Conditions. It is intended that this policy will provide for a standard type installation as follows and that the Customer will pay additional costs otherwise incurred. (1) The underground service will be single phase, 120/240 volt, 3-wire, 410 aluminum or smaller, direct buried cable. (2) The meter will be located at the Gosest reasonable point to the source, not to exceed 150 feet. (3) The overhead line is on the same side of the street as the Customer to be served. (4) The Customer will install conduit at the meter in accordance with ETI standards. ~ T (5) The service is available for any home to u4ltich overhead service would normally be provided. (5) If an existing Customer (served from an adequate overhead service) requests underground service, a charge amounting to the undepreciated wst of the overhead service, plus the cost of removal less salvage, will be added to the normal charges. UNDERGROUND DISTRIBUTION RESIDENTIAL SECTION IV RULES AND REGULATIONS Page 6.1 ENTERGY TEXAS, INC. Sheet No.: 22 Electric Service Effective Date: 10-16-81 Revision: 3 Supersedes: Revision 3-10-76 UNDERGROUND DISTRIBUTION Schedule Consists of: One Sheet. COMMERCIAL POLICY WITH RESPECT TO UNDERGROUND DISTRIBUTION -COMMERCIAL This policy is for underground distribution systems in commercial developments and individual underground service from overhead systems. The policy is, designed to basically., recover the difference between underground and overhead construcioh cdsts. Underground Distribution Systems General Conditions The commercial development must be of such size, arrangement, permanence and characteristics that, in the opinion of the Company, installation of an underground distribution system would be beneficial to the Company and ds commercial Customers. The following conditions appty: (t) (a} When Comoanv installs facilfties underground The developer will pay in advance for the estimated installed cost of all items required to provide an underground system that are not inherent to a comparable overhead system (e.g. all manholes and pull boxes; equipment; foundations; conduit at street crossings, pole risers, parking areas, driveways, etc.; servitude fees; switch cabinets; trenching and backfill, -etc.) exGuding services. If the estimated cost of the underground facilities exceeds the limits of the Company's extension policy, then Customer will pay not less than the amount called for under the extension policy. (b) When contractor installs facilities underground The developer will pay contractor for items listed in I(a) above rather than to Company. (2) Company may provide street lighting facilities and service on dedicated streets in axordance with Company's street lighting rates and practices in effect at the. time service is required. In addition to those requirements, the developer will pay in advance, similar to 1(a) and 1(b) above, the installed cost of all necessary conduit, and for trenching and backfill, and for street light poles and foundations where the poles do not exist foranother purpose. (3) The builder/customer will pay for temporary service for construction power and energy in accordance with Company's. standard, practice at the time temporary service is required. (4) For older subdivisions where the developer was not required to pay for services, the builderlcustomerwlll pay in advance the cost of trenching and backfill' and for installed cost of conduit for underground electrical service facilities similar to 1(a) and 1(b) above. Builder will install conduit from the building to the transformer. (Continued on reverse side) Page 6.2 Easements The developer will provide suitable easements cleared of trees, stumps, and other debris, for Company's facilities with ground to be at final grade prior to start of construction. Ownership of Underground System The entire distribution system, exclusive of facilities installed by Customer, will be owned and maintained by the Company. Regular Rates Wili Apply The Company's regular rates will apply to each Customer the same as if served from an overhead system. "' Construction Standards System Engineering Department will issue, when required, appropriate specifications and. criteria dealing with construction standards. Division offices will design the particular systems and make the cost estimates under such specifications and criteria. Individual Underground Service From Overhead Supply An underground service will be installed and maintained by the Company to a Customer supplied from overhead circuits upon payment by the Customer of the cost of trenching and backfill and installed cost of conduit, including pole risers for the underground service, similar to 1(a) or 1(b) above in General Conditions. If the underground service is similar to the type of service provided for residential Customers, the provisions set forth in the residential policy will apply. For large or unusual situations, special plans and. negotiations will be necessary.- In no event will Customer pay less than the payment called for under Company's extension policy: It is not intended that a formal written confract be prepared for an individual service from overhead supply. Payments to Company will be handled by sales slips. Authorizations to install such individual services will be made by the Division Vce President. Where- an existing overhead service is to be replaced by an underground service, a current cost figure will be established for the existing overhead service and an amount will be calculated based on the remaining life of such service. The Customer will be required to pay the undepreciated valueless net salvage in addition to the charges set fbrth above. Current cost estimates will be used instead of original cost data. UNDERGROUND DISTRIBUTION COMMERCIAL SECTION IV RULES AND REGULATIONS Page 7.1 ENTERGY TEXAS, INC. Sheet No.: 23 Electric Service Effective Date: 1-28-09 Revision: 7 Supersedes: Revision Effective 3-22-91 CONVERSION OF MERCURY VAPOR TO Schedule Consists of: One Sheet HIGH PRESSURE SODIUM STREET AND HIGHWAY LIGHTING POLICY WITH RESPECT TO CONVERSION OF MERCURY VAPOR STREET AND HIGHWAY LIGHTING SERVICE TO HIGH PRESSURE SODIUM STREET AND HIGHWAY LIGHTING SERVICE Upon request by Customer that Company owned mercury vapor street and highway- lighting be converted to high pressure sodium street and highway lighting, the following policy will prevail: A. The Customer will be advised by a Company representative, normally Consumer Services personnel, that under such conversions where the lights have not reached their Normal expected average service life (20 years), the Customer will be expected to pay the losses sustained by the Company due to the conversion. B. A job order estimate will be prepared to reflect the estimated cost of the conversion.. This job order will require the approval of the Customer Service T Director, or designee. C. The charges as outlined in the table will be a one time lump sum charge per light to the Customer to be paid in advance and therefore will not be included in the rate structure for the new lights installed.- Conversions involving the 1,000 watt lights will be examined on an individual basis. Installed Date of Lump Sum Payment Per Lig ht Mercury Vaoor Lights 100 Watt 175 Watt 250 Watt 400 Watt 1-1-70 thru 12-31-74 $ 3.00 $ 5.00 $ 4.00 $ 5.00 1-1-75 thru 12-31-79 15.00 22.00 17.00 26.00 1-1-SOthrul2-31-84 39.90 55.00 47.00 65.00 1-1-SSthrul2-31-89 57.00 80.00 69.00 96.00 SECTION IV RULES AND REG ENTERGY TEXAS, INC: Electric Service CONVERSION OF SECURITY LIGHTS TO FLOOD LIGHTS ULATIONS Page 8.1 Sheet No.: 24 Effective Date: 3-22-91 Revision: 5 Supersedes: Revision Effective 7-22-88 Schedule Consists of: One Sheet , POLICY WITH RESPECT TO CONVERSION OF SECURITY LIGHTS TO FLOOD LIGHTS Upon request by Customer to Company to replace a security light with a flood light, the following-policy will prevail: A. The Customer will be advised by a Company representative, normally the Consumer Services personnel,. that under such conversions where the light(s) has not reached its normal expected average service life (20 years); the Customer will be expected to pay the losses sustaihed by the Company due to the conversion. B. The charge as outlined in the table will be a one time lump sum charge per light to the Customer to be paid in advance and therefore will not be included in the rate structure for the new light(s) installed. Installed Date of Lump Sum Payment Per Light Security Lights 175 Watt 400 Watt 1-1-70 thru 12-31-74 $ 4.00 $ 6.00 1-1-75 thru 12-31-79 19.00 31:00 1-1-80 thru 1231-84 47.00 78.00 1-1-85 thru 12-31-89 69.00 114.00 SECTION IV RULES AND REGULATIONS Page 9.1 ENTERGY TEXAS, INC. Sheet No.: 25 Electric Service Effective Date: 10-16-81 Revision: 1 Supersedes: Revision Effective 10-16-81 TEMPORARY SERVICE Schedule Consists of: One Sheet TEMPORARY SERVICE TO CUSTOMERS FROM THE COMPANY'S DISTRIBUTION FACILITIES Temporary service to contractors and builders, and other Customers requiring service of a temporary nature, will be governed by the following policy: 1. Where distribution facilities are readily available and the installation of additional poles or lines is not necessary tc provide service to the Customer, the temporary service charge will be in accordance with Rate Schedule MES. 2. Where service is not readily available, and additional expenditures are necessary to provide service, such as additional poles and lines, an estimate will be prepared and the charge based on such estimate. 3. The temporary service charge does not affect or negate any requirements that may be in effect regarding Customer deposits. 4. The temporary service charge is a one time charge designed to cover both installation and removal. 5. Electric service will be billed at the applicable rate. Though the temporary service charge for residential construction applies to a commercial contractor building a single family residence, that contractor will be billed on either General -Service or Small General Service, as applicable. SECTION IV RULES AND REGULATIONS Page 10.1 ENTERGY TEXAS, INC. Sheet No.: 26 Electric Service Effective Date: 8-3-84 Revision: 3 Supersedes: Revision Effective 10-16-81 SMALL THREE-PHASE LOADS Schedule Consists of: One Sheet POLICY ON SERVICE TO SMALL THREE-PHASE LOADS Due to the substantial investment generally required to render three-phase service, where available, a connection charge of the difference in cost between three-phase service and single-phase service will be made for each new three-phase service connected where the largest three-phase motor to be served is less Shan 7-1l2 hp, or in case Customer has several three-phase motors, the sum of their ratings is less than 20 hp. Sudh connection charge will be in excess of normal wnnection charges detailed on Schedule. MES. There may arise cases where Company determines that a particular load, however small, should be served at three-phase, and in such case the conhection charge herein may be waived. An example of situations where the connection charge would be waived would be in an area supplied by a three-phase 120!208 volt network. Where service to Customer is also covered by the Company's Electric Extension Policy, determining any lump sum payment under the Extension Policy Will be based upon facilities that were used or useful to other Customers. All costs for three-phase service, which are unique to the individual Customer, will be determined under this policy. Such costs will normally be confined to transformers, services and meters, but could include costs of some primary and secondary where such facilities could not be used to serve other Customers. In the case of a refundable extension contract, any amounts determined under this policy shall not be refundable. SECTION IV RULES AND REG ENTERGY TEXAS, INC. Electric Service AGREEMENT FOR STREET LIGHTING SERVICE ULATIONS Page 11.1 Sheet No.: 27 Effective Date: 1-28-09 Revision: 4 Supersedes: Revision Effective 12-18-98 Schedule Consists of: Two Sheets AGREEMENT FOR STREET LIGHTING SERVICE Entergy Texas, Inc. ~ T Customer Mailing Address Point of Service Page 11.2 AGREEMENT -FOR STREET LIGHTING SERVICE THIS AGREEMENT made this 20_ by and between Entergy "Company"), and called the "Customer"): WITNESSETH: day of the first part (hereinafter called the _ party of the second part (hereinafter THAT in consideration of the mutual agreements herein contained, the parties hereto agree as follows: ARTICLE I. This agreement shall continue for a period of years frdm the-date Customer first takes service hereunder, which date, subject to the provisions of Artice IV and V hereof, shall be notlaterthan and shall continue thereafter until thirty days after a written notice is given by either party to the other of its desire to terminate this agreement. ARTICLE II. In return for the consideration hereinafter described; Company agrees to operate and maintain, except as stated in Article V hereof, the street lights specifically described and located as shown on the sheet marked Exhibit'A' which is attached hereto and is made a part of this agreement. It is agreed that lighting service will be furnished for all lights as shown on Exhibit 'A', attached, from dusk to dawn, subject to the exceptions hereinafter stated, during the period of this agreement and that Customer will receive and pay for such service hereunder in accordance with the rate schedule as shown on the sheet marked Exhibit'B' which is attached hereto and is made a part of this agreement. Notwithstanding anything to the contrary contained in this agreement, if a rate increase or decrease should be made, applicable to the class of service fumished hereunder, by the Company, or by order or penriission of any regulatory body having jurisdiction thereof, such increased or decreased rates shall be applicable to the service rendered hereunder from and after the effective date of such rate change. Bills will be rendered monthly to the Customer and the Customer agrees to take and pay the Company monthly for such street lighting service as is herein agreed, and at the rate schedules specified. ARTICLE III. If the Customer shall make default in the performance of any of his obligations under this agreement, including payment of sums due on this agreement, the Company may suspend service, such suspension not to interfere with the enforcement by the Company of any rights under this agreement or any other legal right or remedy.. No delay by the Company in enforcing any of its rights hereunder shall be deemed a waiver of such rights, not shall a waiver by-the Company of one of the Customer's defaults 6e deemed a waiver of any other or subsequent default. Texas, Inc. party IT Page 11.3 ARTICLE N. Company shall use due diligence in the operation and maintenance of the equipment and fadlities designated in Exhibit 'A" so as to fumish the Customer, as nearly as may be, a continuous ..and uninterrupted street lighting service, as herein provided; but it is expressly understood and agreed that the Company shall not be liable to the Customer, or anyone else, by reason of or for any claim or damage resulting from the failure of the Company to keep said street lights, or any one or more of them, buming during the hours designated, where such failure is the result of injunction, fire, strike, riot, explosion, flood, accident, breakdown, vandalism, failure of City to furnish adequate police protection, acts of God or the public enemy, or other acts of conditions reasonably beyond the control of the Company. Further, the Company shall not be held liable to the Customer, or anyone else, for any matter arising out of or damages or claims resulting from the failure, for any cause, of any one or more of said street lights herein specified to be buming during the hours designated. ARTICLE V. All materials, if any, designated on Exhibit 'A' as the property of Customer shall so remain; all of said street lighting system not there designated as belonging to the Custpmer is, and shall remain, each and every part, the property of the Company, and may be removed, or dismantled; in whole or in part, by the Company or its assigns, upon the termination of this agreement; whether said termination occurs by election of the Company after a breach of same by the Customer, or whether such termination occurs at the expiration of the period herein agreed for this contract to run. Upon the termination of this agreement, for any cause, the property, if any, of the Customer (which is conGusively shown upon Exhibit `A' attached hereto) shall be returned to the Customer in its then condition and at its then installed location. ARTICLE VI. It is understood and agreed that the covenants of the Company herein contained are conditioned upon securing and retaining the necessary franchises, right-of-ways, and permits, at cast in its judgment reasonable and without expropriation, to enable it to render the service covered by this agreement, and. the Customer agrees to furnish aright-of-way over land which is owned or controlled by the Customer, free of cost, and to aid in every way in securing other necessary right-of-ways and permits, and fumish Company's employees access to premises free of tolls or other charges when employees are on Company business. ARTICLE VII. This agreement; upon its-date of taking effect, shall supersede all previous agreements between the Company and the Customer relative to the purchase and sale of the electric service covered by this agreement. ARTICLE VIII. No agreement or representation made by a representative of the Company or Customer, unless reduced to writing or incorporated herein, shall be binding upon either party. Page 11.4 IN TESTIMONY WHEREOF witness signature of Customer, in duplicate originals, in presence of undersigned competent witnesses, on this day of , 20_ I T Witnesses: (Customer) By IN TESTIMONY WHEREOF witness signature of Company, ih duplicate originals, in presence of undersigned competent witnesses, on this day of , 20_ Witnesses Entergy Texas, Inc. By ~T IT SECTION IV RULES AND REGULA' ENTERGYTEXAS, INC. Electric Service AGREEMENT FOR ELECTRIC SERVICE MUNICIPAL STREET LIGHTING SERVICE (IONS Page 12.1 Sheet No.: 28 Effective Date: 1-28-09 Revision: 3 Supersedes: Revision Effective 12-18-98 Schedule Consists of: Two Sheets AGREEMENT FOR MUNICIPAL STREET LIGHTING SERVICE Between Of and Entergy Texas, Inc. ~ T Page 12.2 AGREEMENT FOR MUNICIPAL STREET LIGHTING SERVICE THE STATE OF OF THIS INSTRUMENT, WITNESSETH: THAT WHEREAS, the of , a municipal corporation, duty chartered under and by virtue of the laws of the State of , desires to enter intd a contract with Entergy Texas, Inc. for the electric lighting of certain streets ~ T of the of ,and, WHEREAS, Entergy Texas, Inc., a corporation duly incorporated under the laws of the State of ~ T Texas, also desires to contract with the of to furnish street lighting on certain of the streets of said NOW, THEREFORE; KNOW ALL MEN BY THESE PRESENTS: That the of of the State of acting herein by and through its ,Party of the First Part (hereinafter called T the °Customer"), and Entergy Texas, Inc., Party of the Second Part (hereinafter called the "Company°), acting by and through its duly authorized representatives have made and entered into the following agreements, to-wit: 1. This agreement, upon its effective date, shall supersede any and all previous contracts between the Company and the Customer relative to the purchase and sale of street lighting service; and no agreement or representation heretofore made by a representative of the Company or Customer, unless incorporated herein, shall be binding upon either party. 2. In return for the considerations hereinafter described, Company agrees to provide, operate, and maintain a street lighting system in the of of the type generally described as overhead, with bracket type fixtures, and consisting of the street lamps specifically described and located as shown on Exhibit "A", which is attached hereto and is a part of this agreement. 3. It is agreed that lighting service will be furnished for all lights as shown upon said Exhibft "A", from dusk to dawn, subject to the exceptions hereinafter stated, during the period of this contract and that the rates for furnishing such service will be in accordance with the schedule of rates and Terms and Conditions marked Exhibit °B°, which is likewise a part of this agreement. Page 12.3' It is understood and agreed that the rates charged the Customer hereunder shall be the Company's standard rate schedule in effect for like conditions of service to the Gass of service furnished hereunder. If a rate increase or decrease should.be made, applicable to the class of service furnished hereunder, by the Company, or by order or permission of any regulatory body having jurisdiction thereof; such increased or decreased rates shall. be applicable to the service rendered hereunder from and after the effective date of such rate change. 4. Company shall use due diligence in the operation and maintenance of its equipment and facilities so as to furnish the Customer, as nearly as may be, a continuous and uninterrupted. street lighting service, as herein provided; but it is expressly understood'anii agreed that the Company shall hot be liable to the Customer, or anyone else, by reasori of or far any claim or damage resulting from the failure of the Company to keep said street lights, or any one or more of them,. buming during the hours designated, where such failure is the result of injunction, fire, strike, riot,. explosion, flood, accident, breakdown, vandalism, failure of Customer to furnish adequate police protection, acts of God or the public enemy, or other acts or conditions reasonably beyond the control of the Company. The Company shall not be held liable to the Customer, or anyone else, for any matter arising out of or damages or claims resulting from the failure, for any cause, of any one or mare of said street lights herein specified to be buming the hours designated. This agreement is to be deemed to be made by the Company only with the municipality and that no party other than the of in its corporate capacity shall have any rights hereunder. 5. Bills will be rendered monthly to the Customer and the Customer agrees to take and pay the Company monthly for such street lighting service as is herein agreed, and at the rate schedules specified. If the Customer should make default in the performance of this obligation, the Company may suspend the service herein agreed, and remove said street lighting system, at its. option, such suspension not to interfere with enforcement by the Company of any rights under this agreement, or of any other legal right or remedy. No delay by the Company in enforcing any of its rights hereunder shall be deemed a waiver of such rights; nor shall a waiver by the Company on-one, or more, of the defaults of the Customer be deemed a waiver of any other or subsequent default by the Customer. 6. All of the street lighting system designated herein is, and shall remain the property of the Company, and may be removed or dismantled, in whole or in part, by the Company, or its assigns, upon the termination of this agreement, whether said termination occurs by election of the Company after a breach of same by the Customer, or whether such termination occurs at the expiration of the period herein agreed for this contrail to run. 7. If agreeable to both parties the size or lumens of any lamp or lamps in the street lighting system may be increased or decreased, the new lamp or lamps to be paid for in accortlance with the Company's standard schedule of rates applicable to the new size and/or kind of light. The. location of lights may be changed and/or removed at the sole expense of the Customer. Page 12.4 The Company agrees to install such additional street lights as may be authorized and requested by the Customer during the effective period of this agreement, provided the revenue to be derived by the Company from said additional lights is, in the opinion of the Company, sufficient to justify the cost of installing same. Street lighting service for additional lights installed under the foregoing provision will be billed in accordance with the Company's standard rate schedule applicable to the lights so installed, and said lights v~ill become part of the street lighting system designated herein and be subject to all of the provisions of this agreement. 8. This agreement shall be in full force and effect for years from the day of A. D., 20_ to the day of A.D., 20 _ and shall be considered .renewed thereafter from year to year, unless a written notice to the contrary is given by edher party to the other at least sixty (60) days prior to the expiration of the original term or of any renewal thereof; it is understood that it shall be binding upon both parties hereto and their successors and' assigns, but the Customer shall not assign any of his rights under this agreement without obtaining the written consent of the Company. 9. Under the terms of the of day of , A.D and confrmed by the of _ the undersigned, hereby affixes and _ passed by the of on the 20_, this contract is hereby approved, ratified to evidence which of the of his signature for and in behalf of said of said hereby attests same in of ,this the WITNESSES: ATTEST: behalf of said day of , A.D., 20_ ENTERGYTEXAS, INC. By ay Its T T ~T IT IT OF WITNESSES to the execution by officials of the SECTION IV RULES AND REGULATIONS ENTERGY TEXAS, INC. Sheet No.: 29 Electric Service Effective Date: 1-28-09 Revision: 4 Supersedes: Revision Effective 12-18-98 AGREEMENT FOR ELECTRIC SERVICE Schedule Consists of: Three Sheets AGREEMENT FOR Customer Mailing Address ELECTRIC SERVICE Entergy Texas, Inc. Page 13.1 IT Point ofi Service Page 13.2 In consideration of the mutual agreements herein contained, Entergy Texas, Inc. (Company) ~ T and (Customer) hereby agree as follows:. ARTICLE I'. TERM The term of this Agreement shall be for a period of _ U years from the date Customer first takes service hereunder, which date, subject to the Terms and Conditions Applicable to Electric Service, shall be not later than ("Original Term") and shall continue thereafter orr a year-to- year basis-(each yeady period being a "Renewal Period"). Either party may terminate this Agreement at the conclusion of the Original Term or any Renewal Period. by. providing at9east thirty (30) days' written notice prior to the contusion of such Original Term or Renewal Term. Customer may terminate this Agreement prior to the expiration of the Original Term or Renewal Term only for participation in the effective Retail Open Access Pilot program, subject to the receipt by Company of thirty (30) days' prior written notice. Termination shall be effective for participation in the effective Retail Open. Access Pilot program at the conclusion df the last full billing'cyGe for Customer immediately after the receipt of 30 -days' prior written notice. At the commencement of retail open access for similady-situated customers in Company's Texas service territory, this Agreement shall be terminated without prior notice 6y Company to Customer whether retail open access should occur during the Original Term or any Renewal Period, irrespective of any minimum contract term requirements as set forth in the applicable rate schedules. In the event of termination of this Agreement due to the commencement of retail open access for similarly- situated customers in Company's Texas service territory, such termination shall be effective at the conclusion of the Customer's billing cycle during which retail open access commences. When Customer's Contract Power is reduced under provisions of the Terms T and Conditions Applicable to Electric Service, the original contract term or renewal term, as applicable, will be extended by a period of time equal to the period that the reduced Contract Power is in effect, but not longer than one year. Upon termination of this Agreement, Customer shall be fully relieved of all obligations to purchase electric service from Company and Company shall be fullyrelieved of all obligations to provide electric service to Customer. T In no event shall Customer terminate this Agreement forthe purpose of creating a new Contract Power without Company's express approval. Page 7 3.3 RETAIL OPEN ARTICLE II. ACCESS In the event Customer is relieved of ks obligations underthis Agreement as a result of the commencement of retail open access for similarly-situated customers in Company's Texas service territory or for Customer's participation in the effective Retail Open Access Pilot program, Company shall have the right to review Customer's payments to Company (exGuding existing and future fuel recovery mechanisms and existing and future cost-specific recovery mechanisms approved by the Public Utility Commission of Texas, gross charges and taxes),, made prior to termination or cancellation of this Agreement and determine whether the Company, in its sole opinion and subject to rules of recovery allowed by the Public Utility Commission of °Texas, has fully recovered the Company's investment in equipment and associated electrical-devices necessary or desired to serve Customer. In the event that Company, in its sole opinion, determines that it has not fully recovered its investmeht in equipment and associated electrical devices so installed, Company shall invoice and Customer shall pay in a lump sum no later than thirty (30) days after the date of such invoice. It is expressly understood and agreed by Customer that upon termination of the Agreement due to Customer's participation in retail open access whether as a part of a pilot program or upon commencement of retail open access, the price, terms and conditions of delivery services and certain non-bypassable fees, unrecovered fuel and purchased power costs and competition transition charges, will be established by the appropriate authorities. Customer shall be liable for such charges in accordance with the rules established by the appropriate authorities. ARTICLE III. POINT OF The electric energy to be supplied shall be phase, Alternating Current, DELIVERY at a nominal voltage of volts, and a nominal frequency of sixty (60) hertz, and shall be delivered at a point mutually agreed upon by both parties upon the Customer's premises situated T T IT - ~T ~T The point so agreed upon is herein called the °Point of Delivery." ~ T ARTICLE IV. CONTRACT During the term of this Agreement, and subject to its provisions and the Terms POWER and Conditions Applicable to Electric Service and applicable rate schedules and riders, Company will supply to Customer, and Customer will purchase-from Company, KW of electric service for the following purposes: ~ T IT This KW amount so agreed upon is herein called the'Contrad Power.° All of the electric energy supplied to the Customer shall be measured at,.or coreded to, a nominal voltage of volts at the Point of Delivery. Page 13.4 ARTICLE V. RATE. Customer agrees to pay monthty in accordance with rate schedules as such schedules may be changed from time to time by the Company as provided in the Company's Terms and Conditions Applicable to Electric Service. ARTICLE VI. TERMS AND The electric service supplied by Company hereunder shall in all events be CONDITIONS subject to the provisions of the Company's Terms and Conditions Applicable to Electric Service and Company's capacity and energy curtailment programs in effect from time to time. Such Tenns and Conditions shall be filed. with and subject to the jurisdiction of the regulatory authority having jurisdiction over the electric service supplied hereunder. Company shall have and hereby expressly reserves -the right to change, modify, expand, and amend such Tenns and Conditions from time to time, at any time, without the consent or approval of the Customer, subject to appropriate action 6y the regulatory authority having such jurisdiction. Customer shall have such rights as may be provided by applicable law and regulatory procedures to contest before the regulatory authority having jurisdiction whether such changes are just and reasonable. Customer is aware that auxiliary and standby service from Company must be specifically contracted. Unless-such service is designated at the top of this Agreement, Company's obligation to supply electric service shall be conditioned on such service being Customer's exclusive source. of electric power for the term of this Agreement. ARTICLE VII MISCELLANEOUS This Agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns, but the Customer shall not assign any of his rights under this Agreement without obtaining the prior written consent of the Company. This Agreement, upon its date of taking effect, shall supersede all previous contracts between the Company and the Customer relative to the supply of the electric service covered by this Agreement. No agreement or representation made by a representative of the Company or Customer, unless reduced to writing or incorporated herein, shall be binding upon either party. All electric service by the Company shall in all respects be subject to the rules, regulations, and orders of any and all regulatory authorities having jurisdiction over such service. Unless specifically authorized by Company in writing, such authorization being subject to Company's sole discretion, Customer agrees not to participate in any programs or otherwise take service offered pursuant to filed and approved tariffs, inGuding but not limited to programs and services made available under a wmpetitive generation tariff filed and approved pursuant to Section 39.452(b) of the Public Utility Regulatory Act for the load subject to this Agreement during the Original Term. At the conclusion of the Original Term, Customer-may be eligible for participation in such programs in accordance with the terms and conditions of the applicable rate schedule and PUCT orders, regulations and rulemakings. IT IT ~T IT IT ~T IT ~T Page 14.2 2. A Customer with a new Firm Contract and no previous load history will document the expected usage pattern for the new Contracted Firm Load. Abase period of monthly billed demand and energy will be developed and mutually agreed upon by the Company and Customer. 3. A Customer whose Firm Contrail is about to expire and who desires to contract for EAPS may do so provided the Customer documents its connected load, generating capability and normal operating configuration.-under the new Contrail absent for Schedule FJ>PS. The 12-month base period prior to the initial Contract for Schedule EAPS will be adjusted to refleil documented changes in connected Ibad or generating capability. If such documentation is not supplied, Schedule EAPS power is not available to the Customer. IV. BILLING Customer will be billed subjeil to the terms-and conditions of Schedule EAPS and/or the Finn Power Schedule when EAPS has been requested for any amount of time during a billing month, in addition to the other rate schedule(s), (including firm and. interruptible loads exGusive of Schedule EAPS), may do so subject to the following provisions applicable to such Customer's Firm Power Contract: 1. Contract power under the Customer's Firm Load Contract shall not be less than the contract power ih the previous month. 2. Contract power in the previous month will be treated as the new contract power for the Customer's Firm Load Contrail for the month Schedule EAPS was requested, unless a higher contrail power was set in the same month Schedule EAPS was requested. If Customer does not request EAPS during any billing month, the Customer will be billed on regular rate schedule, if applicable. ACCEPTED FOR COMPANY: ACCEPTED FOR CUSTOMER: By - Printed Title Date IT ey - Printed Title Date AMENDMENTTO AGREEMENT FOR ELECTRIC SERVICE FOR EAPS SECTION IV RULES AND REGULATIONS Page 15.1 ENTERGY TEXAS, INC. Sheet No.: 31 Electric Service Effective Date: 1-1-09 Revision: 18 Supersedes: Revision Effective 1-1-08 COMMISSION ORDER SETTING Schedule Consists of: One Sheet INTEREST RATE PROJECT V0. S51{1 - - - - - - - ~ e SETTINGINTERHST R7ITES FOR § PUBLIC VTILPTY CONbiI.S'S~M1'~ C.'AI.4:N D,4R Y&1R 1009 - § OP TI•:%AS _•~ o ~... r'.I r ORI)EN _ - to :~~. x The Public ~[:'liiity Commisaion ~af~-l ezat Is regnlredh}•~seeiinn-]8i.0(Igof4c'Fc4as - iltiliti~.Cbde to-set for edenJa` rcai,2009-the i9tc of imereilnn JeFmsin'lield to uiifilics and,. pucsuam to P.l!.C.. Cilns~~:-R. ?528/cj,-35 ^%td), ^~.3dI1(J), ?5:480(cy. 2b.27(a)(31.. and 2ti27t`hV~h it is «a{tutal to act fnt calendar .enr-200`.1. Utc Fatc`of imcnat _~ be applicii to eL~er.:hargr, tmd cateih undcrc]vvga b}• a tndity, The Canruission thciefuie ceders timt: I. The intcmt mte for ea]e~ ycar.0(N an deposits Geld b}• utilities SILAIS. he 269 ~ryrni. ?. The iniereat mtc fur ealmdar sear 20!191or orr~lar~'ca mJ cerwin uru3orchtagcs - b}•antiliN S11.ILB,bc 1:e'1 pun22eat. - - SIfiNKO AT AL6TIN.4EXAfi [he-'Jf dyy iifl}rtsmber; Z00&-. - - - ~ -Plllild4 UTILIFF C6)iDrIISSIOV OF TFXAS - -- ~ r ~7'. SAl[l'F11=•IfMAM1, ClIAIRMAN - ~' DONNA-L. VEhSOIti,COkIMLS57ONER jCENNF.TRW - N,JR~'AfiCM1SS1tfVER - ' _ . - - SECTION IV RULES AND REGULATIONS Page 16.1 ENTERGY TEXAS, INC. Sheet No.: 32 Electric Service Effective Date: 1-28-09 Revision: 1 Supersedes: AUI Effective 8-13-99 ACCESSIBLE UTILITY INFORMATION Schedule Consists of: One Sheet Plus Attachment A PROCEDURE FOR OBTAINING ACCESSIBLE UTILITY INFORMATION Pursuant to PUCT Substantive Rule 25.223, Entergy Texas, Inc. maintains a system that I T provides. utility information (Accessible Utility Information) in either electronic and/or paper form. The Company maintains a publicly available price list, including reproduction and shipping costs,. and description of available information. The access plan coordinator will oversee the disseminAtion of the information to the requesting party. The procedure to be followed by the requesting party in obtaining the Accessible Utility Information is as follows: 1. Any of the items listed on Attachment A, Summary Table of Accessible Utility Information, may be requested via mail to the following address: Access Plan Coordinator Entergy Texas, lnc. 919 Congress Street, Suite 840 Austin, Texas 78701 IT 2. The requesting party will submit a request for information with a check or money order payable to Entergy Texas, Inc. for the price quoted on Attachment A. The requesting ~ T party will also provide the mailing address to which the requested information is to be sent. Page 16.2 ATTACHMENT A TO PROCEDURE FOR OBTAINING ACCESSIBLE UTILITY INFORMATION SUMMARY TABLE OF AVAILABLE INFORMATION ere ce ' :NUm a ate ,. esc _ro . _ . CLI001 Annual Summary of Load Information for Texas ETI Diskette $5.00 Economic As-Available Power Service Customers CLI002 Annual Summary of Load Information for Texas ETI Diskette $5.00 General Service Customers CLI003 Annual Summary of Load Information for Texas ETI Diskette $5.00 Interru tible Service Customers CLI004 Annual Summary of Load Information for Texas ETI Large Diskette $5.00 General Service Customers CLI005 Annual Summary of Load Information for Texas ETI Large. Diskette $5.00 Industrial Power Service Customers CLI006 Annual Summary of Load Information for Texas ETI Diskette $5.00 Residential Customers CLI007 Annual Summary of Load Information far Texas ETI Small Diskette $5.00 General Service Customers CLI008 Annual Summary of Load Information for Texas ETI Diskette $5.00 Standb and Maintenance Service Customers CLI009 Monthly Detail of Bill Frequency Information for Texas ETI Paper $0.10/page General Service Customers CLI010 Monthly Detail of Bill Frequency Informatiorfor Texas ETI Paper $0.10/page Residential Customers CLI011 Mohthly Detail of Bill Frequency Infortnatiori for Texas ETI Paper $0.10/page Small General Service Customers CLI012 Monthly Summary of Load Information for Texas ETI Diskette $5.00 Economic As-Available Power Service Customers Pa er $0.10/ a e CLI013 Monthly Summary of Load Information for Texas ETI Diskette $5.00 General Service Customers Pa er $0.10/ a e CLI014 Monthly Summary of Load Information for Texas ETI Diskette $5.00 Intern tible Service Customers Pa er $0.10/ a e CLI015 Monthly Summary of Load Information for Texas ETI Diskette $5.00 Lar a General Service Customers Pa er $0.10/ a e CLI016 Monthly Summary of Load Information for Texas ETI Diskette $5.00 Lar a Industrial Power Service Customers Pa er $0.10/ a e CLI017 Monthly Summary of Load Information for Texas ETI Diskette $5.00 Residential Customers Pa er $0.10/ a e CLI018 Monthly Summary of Load Information for Texas.ETl Diskette $5.00 Small General Service Customers Pa er $0.10/ a e CLI019 Monthly Summary of Load Information for Texas ETI Diskette $5.00 Standb and Maintenance Service Customers Pa er $0.10/ a e CLI020 Monthly Summary of Bill Frequency Information for Texas Paper $0.10/page ETI General Service Customers CLI021 Monthly Summary of Bill Frequency Information for Texas Paper $0.10/page ETI Residential-Customers CLI022 Monthly Summary of Bill Frequency Informatiorfor Texas Paper $0.10/page ETI Small General Service Customers `Plus postage (Continued on reverse Page 16.3 SUMMARY TABLE OF ACCESSIBLE UTILITY INFORMATION Continued .e .e - u _'eI~ a le -r s ~ tao F40a 5. Results -Focus Group Research -Ice Storm Follow-up Paper $0.10/page MR001 with Residential Customers Ice Storm Follow-up with Commercial Customers in Paper $0:10/page MR002 Conroe, Texas Results -Focus Group Research -New Offer Process - Paper,, $O.1D/page MR003 Locate Results -Focus Group Research -New Offer Process - Paper $0.10/page MR004 General Pu ose Credit Cards Results -Focus Group Research -New Offer Process - Paper $0.10/page MR005 Extended A liance Warranties Unbundling Foas Groups with Residential and Paper $0.10/page MR006 Commercial Customersin Texas MR007 Low Income Focus Grou s -Beaumont Pa er $0.101 a e MR008 Texas Qual' Service Messa a Develo ment Research Pa er $0.10/ a e MR009 Enter Business Center Pilot Research Pa er $0.101 a e MR010 Customers' Readershi of Enter Bill Inserts Pa er $0.101 a e MR011 Enter Texas "Time of Da "Rate Stud Pa er $0.10/ a e MR012 Entergy Business Center- Internal Customer Feedback Paper $0.10/page Surve Relationship Study -Texas Consumer and Small Paper $0.10/page MR013 Business and Business Market MR014 Texas Deliberative Poll Surve Results Summa Pa er $0.101 a e MR015 Transaction Surve Pa er $0.10/ a e MMT001 Annual Load Profiles for Commercial and Industrial Diskette $5.00 Se ments MMT002 Commercial Audit Final Re ort Pa er $0.10/ a e MMT003 Business Market Loadshape Report Diskette -$5.00 Pa er $0.101 a e *Plus postage ACCESSIBLE UTILITY INFORMATION ATTACHMENT A SECTION IV RULES AND REGULATIONS Page 17.1 ENTERGY TEXAS, INC. Sheet No.: 33 Electric Service Effective Date: 1-28-09 Revision: 0 Supersedes: New Schedule AGREEMENT FOR UNMETERED SERVICE Schedule Consists of: One Sheet Plus The undersigned requests Ehtergy Texas, Inc., (the °Company") to provide service at the locations described in Attachment A to this document for the operation of the undersigned's (°Customer") un-metered equipment. The Customer agrees to receive from and pay Company for all such service required at such locations by such equipment in accordance with Rate Schedule UMS which is a part of this application and with the Terms and Conditions of the Company approved by the Public Utility Commission of Texas. The term of this Agreement shall be fora period of five (5) years from the date Customer first takes service hereunder and. shall continue thereafter from year to year unless a written notice to the contrary is given by either party to the other at least thirty (30) days prior to the expiration of the original term or of any renewal thereof. Applicant ay: Entergy Texas, Inc. By: Dater Date: ATTACHMENT A AGREEMENT FOR UNMETERED SERVICE CUSTOMER'S EQUIPMENT INVENTORY Page 17.2 Location u Device Type & Quantity u Nameplate . Rating Watts cu Estimated Monthly Hours Use ~ Estimated kW u Estimated Mo thly kWh ~ Total for Point of Service . ~"~ Customer to complete (B~ Company to complete SECTION IV RULES AND REGULATIONS ENTERGY TEXAS, INC. Sheet No.: 34 Electric Service Effective Date: 1-28-09 Revision: 0 Supersedes: New Schedule AGREEMENT FOR Schedule Consists of: One Sheet ADDITIONAL FACILITIES . AGREEMENT.:`- .. FOR ADDITIONAL FACILITIES ENTERGY TEXAS. INC. Page 18.1 Customer Mailing Address Point of Service N Page 18.2 This Agreement for Additional Facilities is made and entered into on by and between a corporation ("Customer') and Entergy Texas, Inc., a Texas corporation ("Company") (collectively referred to as "the Parties) and shall become effective on the earlier of (a) the date on which the Additional Facilities are ready for service, (b) Customer commences receiving electric service pursuant to an Agreement for Electric Service, or (c) 20_ (such date being the "Effective Date°). WHEREAS, the Parties have entered into an Agreement for Electric Service, wherein Company shall provide to Customer electric service in accordance with the terms and conditiohs set forth therein; WHEREAS, Customer has requested Company install facilities other than those normally furnished for like levels of service to similar customers ("Additional Facilities"); WHEREAS, Company has agreed to install the Additional Facilities, subject to the terms and conditions of this Agreement for Additional Facilities ("AFC Agreement"); NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, the Parties agree as follows: I. Applicable Rate Schedule Customer shall pay for the Additional Facilities in accordance with Rate Schedule AFC attached hereto, such other rate schedules as may become applicable, Company's Terms and Conditions Applicable to Electric Service, and the terms and conditions set forth in this AFC Agreement. Company shall have and expressly reserves the right to change, modify, expand and amend. rate schedules from time to time, without the consent or approval of the Customer, subject to appropriate action by the Public Utility Commission of Texas ("PUCT°) or such other regulatory authority having jurisdiction. In the event that Rate Schedule AFC is superseded, the successor rate schedule shall apply hereto without any additional need for revisions to this AFC Agreement. II. Location of Additional Facilities Additional Facilities shall be installed to provide electric service to Customer's facilities located at The Additional Facilities shall be installed at and shall include but are not limited to the facilities listed on Attachment A. III. Monthly Charges The monthly charges under Rate Schedule AFC shall be billed in accordance with such schedule, the Terms and Conditions Applicable to Electric Service, as approved by the duly authorized regulatory body, and as amended, superseded and modified from time to time, and as set forth herein. Company reserves the right to include the Rate Schedule AFC charges on the Customer's bill for electric service or bill Customer separately for its Rate Schedule AFC charges. Customer's curtent monthly payment shall be based on Customer's election of Option A or Option B (as ~indirated herein) and the installed cost of such Additional Facilities.. It is acknowledged that the initial monthly payment(s) shall be based on the estimated installed vests of such Additional Facilities in the amount displayed in Attachment A. Customer's initial monthly payment shall be subject to revision as actual costs become available, as facilities N Page 18.3 are modified or replaced andlor pursuant to applicable regulatory orders, regulations or guidelines, irrespective of whether an amendment or modification is made to Attachment A hereto. In the event Customer fails to tender payment in full for all charges associated with Rate Schedule AFC, Company reserves the right to discontinue Customer's electric service in accordance with the Terms and Conditions Applicable to Electric Service. In the event Company is unable to discontinue Customer's electric service for any reason, Company reserves the right to pursue and secure payment of all. past due amounts through any other lawful means. Customer shall be liable for all court costs, attorney's fees and other costs associated with the collection of all past due amounts. IV. Indemnity Company shall have exclusive ownership, control of and access to said Additional Facilities and Customer will not permft its employees or agents to come in contact with said Additional Facilities. Customer shall assume all liability associated with the Additional Facilities as set forth in the `Liability" provisions of the Tenns and Conditions Applicable to ElectrioService. V. Term The term of this AFC Agreement shall be from the Effective Date until (a) the greater of (i) ten (10) years or (ii) the period during which Customer receives electric service from Company, if Customer elects Rate Schedule AFC's Option A; or (b) the greater of (i) the Recovery Term as set forth in Rate Schedule AFC or (ii) the period during which Customer receives electric service from Company, if the Customer elects Rate Schedule AFC's Option B. The term of this AFC Agreement shall continue thereafter on a month-to-month basis until termination of this AFC Agreement is sought by one or both parties. Subject to Company's right to discontinue service in accordance with the terms herein and Company's right to remove the Additional Facilities pursuant to Section VII herein, this Agreement can be tenminated by the mutual written agreement of both parties or, once the Original Term has been fulflled, by the written notification of the party wishing to terminate to the other party one (1) year in advance of the desired termination date, whether such tenmination notice occurs in the Original Term or the Secondary Tenn. The "Original Term" of this AFC Agreement shall be the 10-year period if Customer elects Rate Schedule AFC's Option A, or the Recovery Period if Customer elects Rate Schedule AFC's Option B. The "Secondary Term" of this AFC Agreement shall be the period following the Original Term during. which the Customer receives electric service from Company, irrespective of whether the Agreement for Electric Service has expired or is terminated. VI. Tennination Charges If Customer ceases to take electric service from Company at the above location before the end of the Original Term, or if Customer is relieved of its obligation under the Agreement for Electric Service as a result of the commencement of retail open access for similarly-situated customers in Company's Texas service territory or for Customer's participation in the effective Retail Open Access Pilot program before the end of the Original Term, Customer shall remain liable for all amounts owed under this AFC Agreement and shall either (a) remit payments on a monthly basis in accordance with the terms of this AFC Agreement through the contusion of the Original Term, or (b) remit a lump sum payment for all amounts owed through the remainder of the Original Tenn, said lump sum being due no later than thirty (30) days after the date of the lump sum invoice. N Page 18.4 VII. Removal Charges In the event the Customer terminates this AFC Agreement prior to the conclusion of the Original Term or fails to make payments in accordance with the terms of. this AFC Agreement, in addition to all other rights of recovery allowed herein or in accordance with common law, Company reserves the right to remove such Additional Facilities at Customer's expense. In the event Customer satisfies the full Original Term of this AFC Agreement, terminates the AFC Agreement in accordance with the terms of this AFC Agreement and requests in writing the removal of the Additional Facilities, Customer shall pay to Company the total estimated cost of removing the Additional Facilities. In the event Customer terminates this AFC.Agreement in accordance with the terms set forth herein at the. conclusion of--the Original Term and Company-unilaterally elects to .remove the Additional Facilities; Company, at ds option, shall bear all costs associated with the removal of the Additional Facilities. Company may exercise its right to remove the. Additional Facilities at Customer's expense of any time after this AFC Agreement is terminated. VIII. Notice Any notice given by either party to the other pursuant to this AFC Agreement shall be deemed valiiily given 'rf depdsited in the mail properly stamped with the required postage and addressed to the last known office address of the respediJe addressee. Either party hereto shall have the -right to change any address or addressee R may have given to the other party by giving such other party due notice in writing of such a change. Until so changed, notices shalF be given to the addressees at the addresses set forth below. Customer: EntergyTexas, Inc. IX. Ownership of Facilities Title to all such Additional Facilities shall remain in the Company at all times. X. Approval This Agreement is contingent upon approval by Company's designated representative. XI. Miscellaneous This AFC Agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns, but the Customer shall not assign any of its rights under the AFC Agreement without first. obtaining written consent of the Company. This AFC Agreement, upon its Effective Date, shall supersede previous contracts between Entergy Gulf States, Inc., formerly Gulf States Utilities Company, and Customer relative to Additional Facilities. No agreement or representation made by a representative of Company or Customer, unless reduced to writing or incorporated herein, shall be bihding upon either party. r ". Page 18.5 sy: Printed Name: Title: Signature Date: WITNESSES: Signature: Printed Signature: Printed Name: Customer herein acknowledges its election of Option _ as set forth in Rate Schedule AFC. If N Customer elects Option B, the Recovery Term shall be _ years, which shall not be longer than ten (10) years. sy: Printed Name: Title: Signature Date: WITNESSES: Signature: Printed Name: Signature: _ Printed Name: ENTERGY TEXAS, INC. sy: Printed Name: Title: Signature Date: WITNESSES: Signature: Printed _ Name: .Signature:. Printed .~---- Page 18.6 ATTACHMENTA DESCRIPTION TOTAL COST BASIS OF ALLOCATION ALLOCATED COST N- TOTAL ESTIMATED MONTYLY FACILITIES CHARGE: (_% otAllocated Cost) ATTACHMENT "C" n~vIGU:H,, THOMAS BL `VINTERS A PROFESSIONAL CORPORATION TELEPHONE 15 121 4 7 2-8 8 0 0 JAN 0 6 2009 POST OFFICE BOX 1148 A VSTIN.TEXAS 78767 LEGAL DEPARTIVtEphTEST 6° STREET. 15" FLOOK AUSTIN, TEXAS 78701 RECElVEp JAN Q 5 2009 Cm'MANAGER'S S?~~~E FAX 1512147 a lia a/~~~[o® December 22, 2008 DEC 3 0 2008 ~~~ //`~~, NfAY®R`S ®FF1CF DeazMunicipality: ( Ay Entergy Texas, Inc:' filed ifs Statement of Intent to !Change Rates on Friday, December 19, 2008. ETI has identified typographical errors in two tariffs identified below. Attached is a revised- SSTS rate schedule, which changes the reference from "FC" to "FF" in Sections III.1 and III.2. ` Also attached is a: revised IS rate schedule that replaces the reference to the LPS and HLFS tariffs to LIPS in the header and Section I because LPS and. HLFS will no longer be in effect. In the first pazagraph of Section III., the reference to VLC. was removed, as that subsection has been removed. . Respectfully submitted, Jay Breedveld ATTORNEY FOR ENERGY TEXAS, INC. W/HR Li62:108760.1 SECTION III RATE SCHEDULES Page 18.1 ENTERGY TEXAS, INC. Sheet No.: 36 Electric Service Effective Date: 1-28-09 Revision: 7 Supersedes: SSTS Effective 12-18-98 SCHEDULE SSTS Schedule Consists of: One Sheet EXPERIMENTAL SUPPLEMENTAL SHORT TERM SERVICE APPLICABILITY This rate is applicable under the regular terms and conditions of the Company only to Customers who have contracted for SSTS service prior fo the":effective date df this schedule, who have received electric service ffem the Company"during the immediately preceding 24 months and who have contracted-for not less than 5,000 kW of additional load above their requirements on the contract date. This rate is not applicable to additional kWh resulting from load shifting. The Company is not obligated to make any investment in facilities to serve the additional load. This rate is not applicable in conjunction with Time-Of-Day Rates. Service under this rate may not be purchased in lieu of standby and/or maintenance service. II. AVAILABILITY This schedule will terminate six (6) months after the issuance of a final, appealable order I C issued by the Commission in Docket No. 34800 This period is hereinafter referred to as the "Transition Period", and will be billed as described in § III below. Service under this rate is available in any year in which the Companys projected annual percent capacity margin is 13% or greater. In any calendar year when the capacity margin is projected to be less than 13%, service under this rider will not be available forthat year. III. MONTHLY BILL During the Transition Period the Company will bill LIPS/SSTS Customers as follows; 1. Calculate the charges under the LIPS and SSTS Schedules separately including Schedule FF charges but with no other Riders; 2. Combine the LIPS and SSTS billing determinants and calculate an amount using the LIPS Schedule including Schedule PF charges but with no other Riders; 3. Divide the sum of 1 and 2 above by two (2) and add-the other applicable Riders to determine the LIPS/SSTS billing amount. C All additional kWh used above "base Average monthly fuel and purchased amount° as defined in Section V below power cost per kWh plus $0.006128 I T, I Company will estimate average monthly fuel and purchased. power cost for the next month and inform Customer, in writing, of this estimate no less than five (6) days prior to the beginning of the billing month. Customer will, upon receiving Company's estimate, inform Company, in writing, by last day of month pripr to the beginning of the billing period, the amount of additional load to be taken during the next month. The Customer will be billed based on the actual fuel and purchased power cost for the month. The Company is not liable for any variations between the estimated and actual costs. (Continued on reverse side) Page 18.2 IV. MINIMUM CHARGE In any month when service is requested in accordance with the provisicns stated in Section III above; the net minimum charge for such usage will be 150 hours times the requested additional load (kW) times the charge per kilowatthour in Section III above. Where the installation of excessive new facilities is required or where there are special conditions affecting the service, Company may require, in the Contract, a higher minimum charge and/or Facilities Agreement pursuant to Schedule AFC, to compensate for additional costs. V. CONDITIONS OF SERVICE Prior to service being rendered under this schedule, Company will determine the average monthly kilowatthours (excluding. Schedules SMS arid SSTS) taken by Customer from Company for the six billing months ending with the date service is taken under this rate. This monthly average will be designated as the "base amount" for firm service and all kilowatthours taken in a billing month in excess of such "base amount" will be billed under this schedule. The firm service Billing Load for the current month will be the total adjusted load (kW) reduced by the amount of kW requested under this Schedule, but in no case will the firm service Billing Load (kW) for the current month be less than the firm service Billing Load (kW) for the corresponding month of the previous year. Firm Service I N demands will not be affected by this provision after the Transition Period. N VI. USE OF SERVICE Customer shall riot resell nor share any energy purchased under this rate. VII. AMOUNT DUE ANb PAYMENT. The past due amount for service furnished for which payment is not made within sixteen. (16) days of the billing date shall be the monthly bill, including all adjustments under the ~ T rate schedule and applicable riders, plus 5% of the first $50.00 and 2% of any additional amount of such monthly bill above $50.00. Ii the amount due wheorendered is paid prior to such date, the monthly bill including all adjustments under the rate schedule and applicable riders, shall apply. If providing service to the state of Texas, Company shall I C not assess a fee, penalty, interest or other charge to the. state for delinquent payment of a bill. SCHEDULE SSTS SECTION III RATE SCHEDULES ENTERGY TEXAS, INC. Electric Service SCHEDULE IS Page 15.1 Sheet No.: 28 Effective Date: 1-28-09 Revision: 6 Supersedes: IS Effective 12.18-98 Schedule Consists of: Three Sheets EXPERIMENTAL RIDER TO SCHEDULES LIPS AND LIPS-TOD FOR INTERRUPTIBLE SERVICE (AVAILABLE ONLY TO CONTRACTED INTERRUPTIBLE LOAD LEVELS OF EXISTING INTERRUPTIBLE CUSTOMERS AS OF THE EFFECTIVE DATE OF THIS RATE) APPLICABILITY ._ This rider is applicable under the. regular terms and conditions of the Company to LIPS and LIPS-TOD Customers who contract for not less than 2,500 kW of Firm Contract Power and who contract for not less than 2,000 kW of Interruptible Contract Power. II. AVAILABILITY At the sole discretion of Company, the. availability of total Interruptible Service supplied by the Company under all Interruptible Service Riders may be limited to an amount equal to 5% of the projected aggregate Company peak demand. The Company reserves the right to refuse service under Section III (A) of this rider if, in the opinion of the Company, such service could cause damage to property or persons or adversely affect the public health, safety and welfare. Interruptible loads may be served by Customer's auxiliary sources during times of interruption by Company, but must be returned to Company service as soon as practical after such service is restored. Service under this Rider is available for three (3) years from effective date. III. BILLING AMOUNTS IC All service rendered thrcugh the meter shall be billed as Billing Load at the rates established in the applicable rate schedule, with the exception that the minimum Billing Load shall be the Customer's Firm Contract Power, plus 20% of Customers interruptible Contract Power under (A), and/or (B) below as defined in Sections VI A and VI B below. The minimum billing load (20q of Contract Power) for the Customers Interruptible load ~ D will be applied to the amount of load contracted for undereach of the three options stated below. The Interruptible Credit shall be applied to the Interruptible Power Billing Load which is the difference between the maximum demand registered on the meter during the billing period and the amount of Firm Contract Power, subject to the minimum provision as stated above. Such Firm Contract Power is subject to the off-peak provision included in Section V of the applicable rate schedule. If at any time the maximum demand in a month exceeds Total Contract Power, which shall be the sum of Firm Contract Power and Interruptible Contract Power, the increment shall serve to increase Firm Contract Power.. Interruptible Credit and Notice Requirement: (A) No notice requirement: $4.88 credit per billing kW per month fpr all interruptible. power as determined above. (Continued on reverse side) Page 15:2 (B) Five (5) minute notice requirement: $3.75 credit per billing kW per month for all ~ R interruptible power as determined above. The total amount of Interruptible Contract Power (as defined in Section VI A) must be I D designated as subject to (A) and/or (B) above. In any billing month when the Interruptible Billing Load is less than the Interruptible Contract Power the amount of Interruptible Credit will be calculated as follows, subject to minimum requirements in Section III: (1) 5-minute notice requirement -Section III (B) (2) no notice requirement -Section III {A) Energy Charges; fixed fuel factors, minimum charges, and delivery voltage credits are unchanged from the applicable rate schedule. Delivery voltage credits shall be applied to I D the total Billing Load. _ T T IV. NON-COMPLIANCE If at any time during the calendar year Company calls far an interruption and Customer fails to interrupt all load in excess of firm load for the entire period of intercuption and. within the time specified in Section III (B) following request by Company, the following penalty charge will be added to the Customer's bill for each occurrence: Penalty Rate: A. An amount equal to the Interruptible Credit for the billing month, plus I T B. All kilowatts of Excess Demand (as defined in Section VI D below) times four(4) times the kW charge in Section II A of the applicable rate schedule. Effective with the billing. month following the second non-compliance by Customers (as described in B above), the total service contracted for under this dder will be transferred to and billed. under the applicable rate schedule for at least the next 12 months. Customer may only return to this rider if the Company agrees that there is interruptible load that may be conVacted for pursuant to Section II of this rider. If Customer failed, in whole orpart, to comply wfth any Company requested interruptions, the duration of such period of interruption shall not be considered an interruption for purposes of this rider. Instances where Company requests interruptible loads be kept off beyond the t 0-hour daily limit, as in System emergencies, shall not be counted toward the Annual Interrupted Hours. IT SCHEDULE IS (Continued on next page) . - SECTION III RATE SCHEDULES. ENTERGY TEXAS, INC. Electric Service SCHEDULE IS (Cont.) Page 15.3 Sheet No.: 29 Effective Date: 1-28-09 Revision: 6 Supersedes: IS Effectivel2-18-98 Schedule Consists of: Three Sheets EXPERIMENTALRIDERTO SCHEDULES LIPS AND LIPS-TOD FOR INTERRUPTIBLE SERVICE (AVAILABLE ONLY TO CONTRACTED INTERRUPTIBLE LOAD LEVELS OF EXISTING INTERRUPTIBLE CUSTOMERS AS OF THE EFFECTIVE DATE OF THIS RATE) V. INTERRUPTIONS Interruptions shall be requested by Company at the discretion of the Company as the Company deems necessary for. any reason including, but not limited to, maintaining service to firm loads, avoiding establishment of a new system peak,. maintaining service integrity in the area or other situations when reduction in load on the Company's system is required. To -the extent possible interruptible loads will be interrupted before any curtailment of firm loads is requested or required. For loads. requiring 5-minute notice, Customer is responsible for interrupting loads. For loads requiring no notice, interruptions wilt be made by Company via electronic data transmission equipment from Customer's location to the Companys system operator. Normally, the required notice, if any, will be given to Customers before toad must be interrupted. Longer or shorter notice will be .given at Companys option at the time of notice. Service may be restored immediately upon notification by Company. For loads requiring 5-minute notice, interruptions will be limited to no more than ten (10) hours per day (midnight to midnight) and to no more than two (2) interruptions per day. Intercup[ions will also be limited to a maximum of fifty (50) hours in a single week (12:01 a.m. Monday to 12:00 p.m. Sunday). Annual Interrupted Hours shall not exceed 600 hours in any calendar year. For loads requiring no notice, the hours of interruption are unlimited. Periods when the Interruptible Service is interrupted due to general system curtailment shall not be counted when Annual Interrupted Hours are determined. VI. DEFINITIONS A. Interruptible Contract Power -The maximum amount of Kilowatts (kW) Customer has designated as subject to interruptions. This amount of Kilowatts is subject to interruptions in both on-peak and off-peak periods. B. Firm Contract Power -the amount of Kilowatts (kW) Customer intends to exclude from interruptions as defined herein. Nothing herein exGudes such loads from. the normal operating outages inherent to an electrical power system, nor from outages due to'a System emergency. Firm Contract Power wilt be the amount of Kilowatts (kW) contracted for under this rider schedule or subsequently established per Section 111 above. C. Total Contract Power -the sum of Interruptible Contract Power and Firm Contract Power, as defined above. D. Excess Demand -the amount of Kilowatt (kW) demand occurring during a Period of Interruption which is in excess of Firm Contract Power, in either on-peak oroff- peakperiods. O ID IT (Continued on reverse side) Page 15.4 E. Period of Interruption -that span of time during which Customer's interruptible loads shall not be served by the Company. This shall begin at the time designated by Company to shed interruptible loads and shall terminate when Company notifies Customer the Period of Interruption is over. F. Annual Interrupted Hours -the total number of hours Company has interrupted service during the calendar year: VII. CONTRACTS A. A Contract is required for this rider. B.- Term of Contract: 1. Within the first two years of service under this rider, Customer may elect to have all, or portions of, his Interruptible Contract Power converted to Firm Contract Power upon ninety (90) days written notice to Company, subject to the availability of new firm power service. 2.. After two years (twenty-four consecutive months) of service under this rider, Customer may elect to have all, or portions of, his Intenuptible Contract Power converted to Firm Contract Power, upon three (3) years written notice to Company, subject to the availability of new firm power service. 3. Upon conversion of loads under (i) or (2) above, or upon termination of Interruptible Service under this rider, Customer may not increase his remaining Interruptible Contract Power, or initiate new service under this rider, for a period of twelve (12) months following such conversion or termination, and then only subject to the availability of new Interruptible Service. 4. Any additions of Interruptible Contract Power will be considered increases to existing loads, rather than new blocks requiring separate contracts, and will be subject to the same conditions outlined in (1), (2), or (3) above that are then relevant to the existing service. VIII. METERING A. All interruptible service vrill be served through the total service meter. Company may require telemetering of the Customer's loads to the Company's system operator. B. Costs of telemetering facilities, including. rental or investment costs of communications circuits, may be included in the Facilities Charge, or Customer may elect to pay a lump sum to offset the additional investment by Company. SCHEDULE IS (Continued on next page) SECTION III. RATE SCHEDULES ENTERGY TEXAS, INC. Electric Service Page 15.5 Sheet No.: 30 Effective Date: 1-28-09 Revision: 6 Supersedes: IS Effective 12-18-98 Schedule Consists of: Three Sheets: SCHEDULE IS (Cont.) EXPERIMENTAL RIDER TO SCHEDULES LIPS AND LIPS-TOD FOR INTERRUPTIBLE SERVICE (AVAILABLE ONLY TO CONTRACTED INTERRUPTIBLE LOAD LEVELS OF EXISTING INTERRUPTIBLE CUSTOMERS AS OF THE EFFECTIVE DATE OF THIS RATE) IX. X. In the case of Facilities Charges, such charges will continue beyond the date of termihatiori or conversion of Interruptible loads (as discussed in Section VII) until. the Company's investment has been recovered. A separate contract for such Facilities Charges may be required. CONDITIONS OF SERVICE Customers contracting forservice under Section III (A) of this Schedule will provide, at Customer's expense, Company specified electronic data transmission equipment from- Customer's location to the Companys system operator. Specifications for electronic data equipment are available from Company upon request. USE OF SERVICE Electric service furnished under this rate shall not be used by the Customer as an Auxiliary or Standby Service. Customer shall not resell nor share any energy purchased under this rate. SCHEDULEIS