txu electric delivery company
Transcription
txu electric delivery company
Attachment 5 Page 8 of 12 TXU ELECTRIC DELIVERY COMPANY BILLED AND COLLECTED TRANSITION CHARGES GS PRIMARY TOTAL TC2 Jut 2004 $413,425.24 $427,162.47 Aug $444,250.51 SeP Oct $441,083.59 Nov $428,944.97 Dec $495,031.73 Jan 2005 $482,792.99 Feb $487,508.62 Mar $491,911.12 $490,353.43 APr Total $4,602,464.67 Investment Earnings Total Collected Total Payment Requirement RAAF Factor Rate Class Payment Requirement Under/(Over)-recoveryAmount Collection After April 30 Mar APr Early Payment of April 2005 Billings May Total 2 0 0 5 ANNU= TC2 Billed Charge Off ($2,230.13) ($2,304.35) ($2,396.94) ($2,379.44) ($2,313.86) ($2,669.95) ($2,597.21) ($2,628.45) ($2,652.02) ($2,644.27) ($24,816.62) Total TC2 $411,195.11 $424,858.12 $441,853.57 $438,704.15 $426,631.1 1 $492,361.78 $480,195.78 $484,880.17 $489,259.10 $487,709.16 $4,577,648.05 $9,742.36 $355,640.84 $446,646.42 $417,950.38 $471,848.61 $431,892.77 $478,795.01 $354,109.54 $710,720.62 $614,654.60 $4,292,001.15 Collected May 2005 ($52.61) ($1,918.25) ($2,409.45) ($2,254.94) ($2,545.54) ($2,329.73) ($2,581.57) ($1,904.25) ($3,833.68) ($2,450.92) ($22,280.94) Total $9,689.75 $353,722.59 $444,236.97 $415,695.44 $469,303.07 $429,563.04 $476,213.44 $352,205.29 $706,886.94 $612,203.68 $4,269,720.21 $68,475,400.58 5.89820% $4,038,816.08 ($246,454.25) $69,523.72 $485,075.53 ($160,000.00) 50 Attachment 5 Page 9 of 12 TXU ELECTRIC DELIVERY COMPANY BILLED AND COLLECTED TRANSITION CHARGES LIGHTING TC2 Jul2004 SeP Oct Nov Dec Jan 2005 Feb Mar APr Total Investment Earnings Total Collected $51,357.24 $51,321.93 $51,514.22 $51,829.07 $51,297.80 $54,238.47 $52,596.19 $51,753.96 $59,473.69 $53,627.89 $529,010.46 Total Pavment Requirement RAAF Factor Rate Class Payment Requirement Under/(Over)-recoveryAmount Collection After April 30 Mar APr Early Payment of April 2005 Billings May Total 2 0 0 5 ANNUAL TC2 Billed Charge Off ($213.80) ($213.88) ($215.45) ($217.18) ($215.26) ($230.04) ($201.26) ($181.12) ($219.68) ($189.21) ($4.66) Total TC2 $51,143.44 $51,108.05 $51,298.77 $51,611.89 $51,082.54 $54,008.43 $52,394.93 $51,572.84 $59,254.01 $53,438.68 $526.913.58 $35.77 $23,224.39 $54,616.87 $47,602.70 $60,319.19 $51,804.93 $53,177.10 $48,624.04 $61,858.32 $69,510.43 $470,773.74 Collected May 2005 ($0.18) ($78.08) ($227.87) ($197.79) ($256.38) ($218.07) ($224.89) ($195.72) ($225.00) ($180.37) ($1,804.35) Total $35.59 $23,146.31 $54,389.00 $47,404.91 $60,062.81 $51,586.86 $52,952.21 $48,428.32 $61,633.32 $69,330.06 $468,969.39 $1,802.25 $470,771.64 $68,475,400.58 0.68360% $468,097.84 ($2,673.81) $8,419.99 $53,150.1 1 ($20,000.00) $53,214.48 $94,784.59 51 Attachment 5 Page 10 of 12 TXU ELECTRIC DELIVERY COMPANY BILLED AND COLLECTED TRANSITION CHARGES HIGH VOLTAGE TC2 $242,817.55 Jul2004 $281,033.49 Aug $289,234.34 SeP $274,110.29 Oct $263,068.21 Nov $204,552.83 Dec Jan 2005 $192,877.00 $175,854.76 Feb $181,922.74 Mar $188,008.68 APr Total $2,293,479.89 Investment Earnings Total Collected Total Payment Requirement RAAF Factor Rate Class Payment Requirement Under/(Over)-recoveryAmount Collection After April 30 Mar APr Early Payment of April 2005 Billings May Total 2 0 0 5 ANNUAL TC2 Billed Charge Off ($1,311.24) ($1,517.55) ($1,561.81) ($1,480.21) ($1,420.55) ($1,104.61) ($1,041.55) ($949.63) ($982.37) ($1,015.23) ($12,384.75) Total TC2 $241,506.31 $279,515.94 $287,672.53 $272,630.08 $261,647.66 $203,448.22 $191,835.45 $174,905.13 $180,940.37 $186,993.45 $2,281,095.14 $1,781.25 $229,769.69 $292,543.43 $285,995.32 $279,820.58 $261,233.59 $197,840.64 $142,477.98 $235,402.58 $241,092.82 62,167,957.88 Collected May 2005 ($9.62) ($1,240.78) ($1,579.71) ($1,544.32) ($1,511.04) ($1,410.65) ($1,068.35) ($769.38) ($1,271.21) ($977.90) ($11,382.96) Total $1,771.63 $228,528.9 1 $290,963.72 $284,451.OO $278,309.54 $259,822.94 $196,772.29 $141,708.60 $234,131.37 $240,114.92 $2,156,574.92 $7,349.01 $2,163,923.93 $68,475,400.58 2.78750% $1,908,751.79 ($255,172.14) $25,711.63 $185,983.69 ($60,000.00) $204,477.99 $356,173.31 52 Attachment 5 Page 11 of 12 TXU ELECTRIC DELIVERY COMPANY BILLED AND COLLECTED TRANSITION CHARGES INSTANTANEOUS INTERRUPTIBLE TC2 Jul2004 $101,861.45 $106,365.73 Aug $111,754.35 SeP Oct $114,065.95 Nov $104,370.82 Dec $142,510.94 Jan 2005 $134,888.38 Feb $140,777.83 Mar $140,000.84 $140,444.43 APr Total $1,237,040.72 Investment Earnings Total Collected Total Payment Requirement RAAF Factor Rate Class Payment Requirement Billed Charge Off ($550.03) ($574.41) ($603.49) ($615.95) ($563.59) ($769.52) ($728.41) ($760.20) ($756.06) ($758.40) ($6,680.06) Total TC2 $101,311.42 $105,791.32 $111,150.86 $113,450.00 $103,807.23 $141,741.42 $134,159.97 $140,017.63 $139,244.78 $139,686.03 $1,230,360.66 $4,406.77 $93,138.16 $113,786.72 $96,273.47 $119,931.99 $113,016.82 $132,137.95 $87,517.62 $192,166.62 $182,350.35 $1,134,726.47 Collected May 2005 ($23.79) ($502.94) ($614.49) ($519.86) ($647.64) ($610.29) ($713.51) ($472.56) ($1,037.75) ($768.72) ($5,911.55) Total $4,382.98 $92,635.22 $113,172.23 $95,753.61 $119,284.35 $112,406.53 $131,424.44 $87,045.06 $191,128.87 $181,581.63 $1,128,814.92 $4,895.30 $1,133,710.22 $68,475,400.58 1.85680% $1,271,451.24 Under/(Over)-recoveryAmount $137,741.02 Collection After April 30 Mar APr Early Payment of April 2005 Billings May Total $19,786.68 $138,931.73 ($40,000.00) $146,771.01 $265,489.42 2005 ANNUAL TC2 53 Attachment 5 Page 12 of 12 TXU ELECTRIC DELIVERY COMPANY BILLED AND COLLECTED TRANSITION CHARGES NOTICED INTERRUPTIBLE TC2 $167,152.00 $176,937.47 $176,000.97 $176,546.53 $155,144.32 $282,531.95 $274,558.75 Feb $276,192.83 Mar $278,256.48 $267,494.64 APr Total $2,230,815.94 Investment Earnings Total Collected Jul2004 Aug SeP Oct Nov Dec Jan 2005 Total Payment Requirement RAAF Factor Rate Class Payment Requirement Under/(Over)-recoveryAmount Collection After April 30 Mar APr Early Payment of April 2005 Billings May Total 2 0 0 5 ANNUAL TC2 Billed Charge Off ($902.57) ($955.47) ($950.38) ($953.34) ($837.72) ($1,525.61) ($1,481.42) ($1,491.46) ($1,502.62) ($1,444.44) ($12,045.03) Total TC2 $166,249.43 $175,982.00 $175,050.59 $175,593.19 $154,306.60 $281,006.34 $273,077.33 $274,701.37 $276,753.86 $266,050.20 $2.218.770.91 $14,497.88 $133,105.45 $193,819.69 $150,017.75 $208,348.76 $174,695.33 $252,637.98 $2 15,552.21 $361,152.44 $335,608.61 $2,039,436.10 Collected May 2005 ($78.29) ($718.73) ($1,046.58) ($810.12) ($1,125.02) ($943.33) ($1,364.19) ($1,162.75) ($1,950.27) ($1,380.31) ($10,579.59) Total $14,419.59 $132,386.72 $192,773.11 $149,207.63 $207,223.74 $173,752.00 $251,273.79 $214,389.46 $359,202.17 $334,228.30 $2,028,856.51 $7,305.77 $2,036,162.28 $68,475,400.58 2.i /110% $1,897,521.83 ($138,640.46) $39,326.72 $264,613.53 ($80,000.00) $353,328.42 $577,268.67 54 Tariff for Retail Delivery Service TXU Electric Delivery Company - - 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 - Attachment 6 Page 1 of 14 Sheet: 7 Page 1 of 7 Revision: Two I T - 6.1.1.7.1 Rider TC2 Transition Charge APPLICATION Applicable, pursuant to Subchapter G, of Chapter 39 of the Public Utility Regulatory Act (PURA), to all existing or future retail customers taking transmission and/or distribution service from the Company and to the facilities, premises, and loads of those retail customers, within the Company’s geographical certificated service area as it existed on May 1, 1999. This schedule also applies to: 1. 2. 3. Retail customers taking service at facilities, premises, or loads located within the Company’s geographical service area as it existed on May 1, 1999 who are not presently receiving transmission and/or distribution service from the Company, but whose present facilities, premises, or loads received transmission and/or distribution service from the Company at any time on or after May 1,1999 when a request to change service to another utility was not pending. Retail customers whose load is served by New On-site Generation (NOSG) as defined by P.U.C. SUBST.R. 25.342(~)(1). Public retail customers located within the service area who purchase power from the General Land Office under PURA Q 35.102. Beginning on the first billing cycle after the issuance of transition bonds issued to recover the Company’s regulatory assets and other qualified costs and continuing until the date customer choice begins in the power region in which the Company is located, there is recorded in a separate account, for that purpose, an amount equal to the amount collected by the application of this rate to be used to repay the principal and interest and ongoing fees and expenses on the transition bonds. After customer choice begins in the power region in which the Company is located, the amount calculated pursuant to this rate will be billed to retail electric providers (REP) based on individual retail customer consumption. METHOD OF CALCULATION (a) For all retail customers on each retail rate schedule. The transition charge is calculated for each regulatory asset recovery class by the application of a Transition Charge Factor, determined in accordance with the following formula’: Transition Charge Factor (TCF) = [(TC‘RAAF)+A] / K, where: TC = Total Recovery Amount correspondingto the length of the Recovery Period is an amount necessary to recover the principal and interest and ongoing fees and expenses associated with the bonds, debentures, notes, certificates of participation or of beneficial interest, or other evidence of indebtedness or ownership that are issued by the Company, its successors, or an assignee under a Public Utility Commission of Texas approved financing order. RAAF = Regulatory Asset Allocation Factor for each class as shown in the table below. A= True-up amount for each regulatory asset recovery class as contained in a notification filed with the Commission under PURA 5 39.003, subject to Commission review within 15 days of filing. K= The Company’s most current estimated kWh or kW sales by regulatory asset recovery class for the length of the Recovery Period as contained in a notification filed with the Commission under PURA Q 39.003, subject to Commission review within 15 days of filing. ‘For the General Service Secondary and General Service Primary classes, the two-step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $/kWh for non-demand metered customers and a TCF in $/kW for demand-metered customers. For the purpose of this formula, Recovery Period means, pursuant to PURA § 39.307, a period not to exceed 12 months. 75.2 2 0 0 5 ANNUAL TC2 55 Attachment 6 Page 2 of 14 Tariff for Retail Delivery Service TXU Electric Delivery Company . - Sheet: 7 Page 2 of 7 Revision: Two T 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously sewed by TXU SESCO Effective Date: May 13,2005 (b) I Regulatory Asset Allocation Factors (RAAF) and associated Transition Charge Factors for each regulatory asset recovery class are as follows: Transition Charge Factor (TCFP) Regulatory Asset Recovery Class Rate Schedule Regulatory Asset Allocation Factor (RAAF) ResidentialService R, RLU, RTU, RTU1, RTU1-M, RRE 0.41 2705 See Page 7 of 7 General Service Secondary GS, S-Sec, GSR, MS, MP-Sec GTU-Sec, GTU-M-Sec, RTP-Sec, GC-Sec, and all riders excluding Interruptible 0.447323 See Page 7 of 7 General Service Primary GP, S-Pri, GPR, MS-Pri, MP-Pri, GTU-Pri, GTU-M-Pri, RTP-Pri, GC-Pri, and all riders excluding interruptible 0.058982 See Page 7 of 7 High Voltage Service HV, S-Tran, HVR, GTU-Tran GTU-M-Tran, RTP-Tran, GC-Tran, and all riders excluding interruptible 0.027875 See Page 7 of 7 Lighting Service OL, SL, SL-Pri 0.006836 See Page 7 of 7 Instantaneous Interruptible GSI, GPI, HVI, SSI, SPI, STI, GSRTPI1, GSRTPIM, GSRTPID, GPRTPI1, GPRTPIM, GPRTPID, HVRI, HVRTPIM, HVRTPID, and applicable riders 0.018568 See Page 7 of 7 Noticed Interruptible GSNI, GSNB, GPNI, GPNB, HVNI, NVNB, GTUC-Sec, GTUC-Pri, GTUC-Tran, GTUC-M-Sec, GTUC-M-Pri, GTUC-M-Tran, GSRTPNI, GPRTPNI, HVRTPNI, and applicable riders. 0.02771 1 See Page 7 of 7 Should any of the Regulatory Asset Recovery Classes cease to have any customers, the Regulatory Asset Allocation Factor will be adjusted proportionately such that the total RAAF equals 1.OOO. For Rate S and Rider SI customers, the transition charge will be a pro-rated daily demand charge based on the otherwise applicable non-standby transition charge. (a) The Transition Charge Amount for each customer is determined by multiplyingthe applicable Transition Charge Factor (TCF) by the customer’s kWh or kW usage in the billing month. The Transition Charge Amount for each customer is determined to the nearest whole cent. (b) Each customer receiving service on or before May 1, 1999 will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer’s service was provided on May 1, 1999, and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from TXU Electric, except as provided for in PURA Q 39.252(b)(l) and (c). (c) Any customer not previously served by TXU Electric and initiating service after May 1, 1999 and prior to January 1, 2002, will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer‘s service was initially provided and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from TXU Electric, except as provided for in PURA 8 39.252(b)(l) and (c). (d) Each customer initiating service on or after January 1,2002, will be assignedto a specific Regulatory Asset Recovery Class on the basis of the principal rate schedule under which the majority of the customer‘s load would have been served as of May 1,1999. 75.3 2 0 0 5 ANNUAL TC2 56 Tariff for Retail Delivery Service TXU Electric Delivery Company Attachment 6 Page 3 of 14 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 . Sheet: 7 Page 3 of 7 Revision: Two I -f NON-STANDARD TRUE-UP PROCEDURE In the event that the forecasted billing units for one or more of the Transition Charge customer classes for an upcoming period decreases by more than 10% of the billing units from the 12 months ending April 30, 1999, the Servicer shall make a non-standardtrue-up filing at least 90 days before the date of the next true-up adjustment. The true-up shall be conducted in the following manner. The Servicer shall: allocate the upcoming periods Periodic Billing Requirement based on the Raffs approved in the Financing Order; calculate undercollections or overcollections from the preceding period in each class; sum the amounts allocated to each customer class in steps (a) and (b) above to determine an adjusted Periodic Billing Requirement for each customer class; divide the Periodic Billing Requirement for each customer class by the maximum of the forecasted billing units or the threshold billing units for that class, to determine the threshold rate; multiply the threshold rate by the forecasted billing units for each class to determine the expected collections under the threshold rate; allocate the difference in the adjusted Periodic Billing Requirement and the expected collections calculated in step (e) among the transition charge customer classes using the RAAFs approved in this Financing Order; add the amount allocated to each class in step (9 above to the expected collection amount by class calculated in step (e) above to determine the final Periodic Billing Requirement for each class; and divide the final Periodic Billing Requirement for each class by the forecasted billing units to determine the transition charge rate by class for the upcoming period. For the General Service Secondary and General Service Primary classes, the two-step procedure described in the FinancingOrder for Docket No. 21527 will be used to calculate a TCF in $/kWh for non-demand-meteredcustomers and a TCF in $/kW for demand-met-red customers. A proceedingfor the purpose of approving a nonstandard true-up should be conducted in the following manner: (a) (b) (c) The servicer will make a "non-standard true-up filing" with the Commission at least 90 days before the date of the proposedtrue-up adjustment. The filing will contain the proposed changes to the transition charge rates, justification for such changes as necessary to specifically address the cause(s) of the proposed nonstandardtrue-up, and a statement of the proposed true-up date. Concurrently with the filing of the non-standard true-up with the Commission, the servicer will notify all parties in Docket No. 21527 of the filing of the proposal for a non-standard true-up. The servicer will issue appropriate notice and the Commissionwill conduct a contested case proceeding on the nonstandard true-up proposal pursuant to PURA 0 39.003. The scope of the proceeding will be limited to determining whether the proposed adjustment complies with this Financing Order. The Commission will issue a final order by the proposed true-up adjustment date stated in the nonstandard true-up filing. In the event that the Commission cannot issue an order by that date, the servicer will be permitted to implement its proposed changes. Any modifications subsequently ordered by the Commission will be made by the servicer in the next true-up filing. BILLING AND COLLECTION The billing and collection of TC Rates may differ as set forth in this schedule. The terms and conditions for each party are set forth below: 1) Billina and Collection Prior to Customer Choice 1. Applicable to consumption of all current retail customers. 2. Payment terms identical to present retail rates. 3. Right to terminate for non-payment pursuant to P.U.C. SUBST.R. 25.28 and 25.29, or any successor rule(s). f l 1. Applicable to former retail customers of the Company in multiplycertificatedservice areas now taking service from other utilities or cooperatives, if the customer did not have a request to switch service pending as of May 1,1999. 2. Charges subject to this tariff must be paid in full by the other utility or cooperative to the Servicer 75.4 2005 ANNUAL TC2 57 Tariff for Retail Delivery Service TXU Electric Delivery Company - Attachment 6 Page 4 of 14 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 Sheet: 7 Page 4 of 7 Revision: Two Ir 16 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end-use retail customer. 4 1. Applicable to end use consumption served by on-site non-eligible self-generation. 2. Payment terms pursuant to the Commission’s rules. 3. Right to terminate for non-payment pursuant to P.U.C. SUSST.R. 25.28 and 25.29, or any successor rule(s). 1. Applicable to former retail customers of the Company in multiply-certificatedservice areas now taking service from other utilities or cooperatives. 2. Charges subject to this tariff must be paid in full by the other electric utility or cooperativeto the Servicer 35 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end-use retail customer. 1. Applicable to end-use consumption served by on-site non-eligible self generation. 2. Payment terms pursuant to the Commission’s rules. 3. Right to terminate for non-payment pursuant to the Commission’s rules. k 1. o m e r s : Applicable to consumption of all retail end-use customers served by the REP for which TCs apply, including applicable former customers and NESG, under the following conditions: 2. REPSshall provide the Servicer with full and timely information necessary to provide proper reporting and for billing and true-up adjustments. 3. Each REP must (1) have a long-term, unsecured credit rating of not less than “BBB-” and “Baa8 (or the equivalent) from Standard & Poor‘s and Moody’s Investors Service, respectively, or (2) provide (A) a deposit of two months’ maximum expected Transition Charge collections in the form of cash, (8) an affiliate guarantee, surety bond, or letter of credit providing for payment of such amount of Transition Charge 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 alternate form of deposit, credit support, or combination thereof it will 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 a long-term, unsecured credit ratings of not less than “BBB-” and ”Baa3” (or the equivalent) from Standard & Poor’s and Moody’s InvestorsService, respectively. 4. If the long-term, unsecured credit rating from either Standard & Poor‘s or Moody’s Investors Service of a REP that did not previously provide the alternate form of deposit, credit support, or combination thereof or of any provider of an affiliate guarantee, surety bond, or letter of credit is suspended, withdrawn, or downgradedbelow “BBB-” or “Baa8 (or the equivalent), the REP must provide the alternate form of deposit, credit support, or combination thereof, or new forms 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). 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 quarterlyto ensure that the deposit accurately 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 in 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 IndentureTrustee, maintained in a segregated account, and invested in short-termhigh quality investments, as 75.5 2 0 0 5 ANNUAL TC2 58 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 Attachment 6 Page 5 of 14 Sheet: 7 Page 5 of 7 Revision: Two I7 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 instruction 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 for the payment of the REP’s obligations for Transition Bond payments. Once the deposit is no longer required, the Servicer shall promptly (but not later than 30 calendar days) instruct the IndentureTrustee 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 TCs, 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. Billinas bv the Servicer to the REP or its Redacement (when awlicable): 1. Applicable to all consumption subject to REP billing of TCs. 2. Payments of TCs are due 35 calendar days following each billing by the Servicer to the REP, without regard to whether or when the REP receives payment from its retail customers. The Servicer shall accept payment by electronic funds transfer (EFT), wire transfer (WT) and/or check. Payment will be considered received the date the EFT or WT is received by the Servicer, or the date the check clears. A 5% penalty is to be charged on amounts received after 35 calendar days; however, a 10-calendar-daygrace period will be allowed before the REP is considered 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 Transition Charges existing on the 36‘h calendar day after billing by the Servicer. Any and all such penalty payments will be made to the indenture trustee to be applied against Transition Charge obligations. A REP shall not be obligated to pay the overdue Transition Charges of another REP. If a REP agrees to assume the responsibilityfor the payment of overdue Transition Charges P S 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 Transition Charges; however, the prior REP shall not be relieved of the previously assessed penalties. 3. After the 10 calendar-day grace period (the 4!jthcalendar 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, or combination thereof made by the REP, and avail itself of such legal remedies as may be appropriate to collect any remaining unpaid Transition 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, Billinas bv the REP or its Redacement to End-Use Customers, and Paragraph 2 of this section shall select and implement one of the following options: (a) Allow the Provider of Last Resort (POLR) or a qualified REP of the customer’s choosing to immediately assume the responsibility for the billing and collection of Transition 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 a lock-box controlled by the Servicer with such amounts to be applied first to pay Transition 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-establishmentof the requirementsset forth in Paragraphs 4 and 5 of the previous section, Billinas bv the REP or its ReDlacement 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. 17 The initial POLR appointed by the Commission, or any Commission appointed successor to the POLR, will be requiredto meet the minimum credit rating and/or depositlcredit support requirementsdescribed in Paragraph 3 of the preceding section, Billings by the REP or its Replacementto 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 transition 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 certifiedREP. Retail customers may never be re-billed by the successor REP, the POLR, or 2 0 0 5 ANMTAL TC2 59 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 Attachment 6 Page 6 of 14 Sheet: 7 Page 6 of 7 Revision: Two IT Servicer for any amount of Transition Charges they have paid their REP (although future TCs 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 45th day, the REP shall not be required to comply with (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 Transition 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. 6. Notwithstanding Paragraph 2 of this section, the REPs will be allowed to hold back an allowance for charge-offs in their payments to the Servicer. Such charge-off rate will be recalculatedeach year in connection with the annual 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 by the Servicer to remit payments to the indenture trustee for the holders of Transition Bonds. On an annual basis in connection with the true-up adjustment process, the REP and the Servicer will be responsible for reconcilingthe amounts held back with amounts actually written off as uncollectible in accordance with the terms agreed to by the REP and the Servicer, providedthat: (a) The REP‘s right to reconciliation 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 its own account as well as the portion representing Transition Charges) have been written off. (b) The REP’s recourse will be limited to a credit against future TC payments unless the REP and the Servicer agree to alternative arrangements, but in no event will 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 include the REPs default experience and any subsequent credits into its calculation of the Adjusted Transition Charge Rates for the next TC billing Period and the REP‘s rights to credits will not take effect until after such Adjusted Transition Charge Rates have been implemented. 7. In the event that a REP disputes any amount of billed Transition 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 within 30 calendar days, either patty 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 Transition Charge payments (and penalties arising thereof) or the size of a required REP deposit will be handled in a like manner. Any interest paid by the Servicer on disputed amounts shall not be recovered through Transition Charges if it is determined that the Servicer’s claim to the funds is clearly unfounded. No interest shall be paid by the Servicer if it is determined that the Servicer has received inaccurate metering data from another entity providing competitive metering services pursuant to PURA 8 39.1 07. 8. If the Servicer is providingthe metering, the metering data will be providedto the REP at the same time as the billing. If the Servicer is not providingthe metering, the entity providing metering service(s) will be responsiblefor 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. NOTICE This rate is subject to the orders of regulatory bodies having jurisdiction and to the provisionsof Company’s Tariff for Electric Service. 7c; 7 2 0 0 5 ANNUAL TC2 60 Attachment 6 Page 7 of 14 Tariff for Retail Delivery Service TXU Electric Delivery Company Sheet: 7 Page 7 of 7 Revision: Two 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 I Transition Charae Factor 2 (TCF2) Residential Service General Service Secondary May 31,2005 0.000958 $kW h 0.000826 $kWh or 0.366 $kW 0.000378 $kWh or 0.289 $kW 0.146 $/kW 0.001360 $kW h 0.163 $kW 0.161 $kW November 30, 2004 0.001 164 $kW h 0.000577 $kWh or 0.163 $kW 0.000799$kWh 0.149 $kW 0.001343 $ k Wh 0.146 $ k W 0.316 $kW June 30,2004 0.000966 $ k Wh 0.000970 $kWh or 0.282 $kW 0.000654 $kWh or 0.296 $kW 0.205 $kW 0.001277 $kWh 0.113 $kW 0.195$/kW 2 0 0 5 ANNUAL TC2 General Service Primary Hiah Voltaae Service or 0.355 $lkW Liahtinq Service Instantaneous InterruDtible Noticed Effective Date Interruptible (Rj1 61 Tariff for Retail Delivery Service TXU Electric Delivery Company Attachment 6 Page 8 of 14 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 Sheet: 7 Page 1 of 7 Revision: Two - 6.1 .I .7.1- Rider TC2 Transition Charge APPLICATION Applicable, pursuant to Subchapter G, of Chapter 39 of the Public Utility Regulatory Act (PURA), to all existing or future retail customers taking transmission and/or distribution service from the Company and to the facilities, premises, and loads of those retail customers, within the Company’s geographical certificated service area as it existed on May 1, 1999. This schedule also applies to: 1. Retail customers taking service at facilities, premises, or loads located within the Company’s geographical service area as it existed on May 1, 1999 who are not presently receiving transmission and/or distribution service from the Company, but whose present facilities, premises, or loads received transmission and/or distribution service from the Company at any time on or after May 1,1999 when a request to change service to another utility was not pending. 2. Retail customers whose load is served by New On-site Generation (NOSG) as defined by P.U.C. SUBST.R. 25.342(c)(1). 3. Public retail customers located within the service area who purchase power from the General Land Office under PURA 9 35.102. Beginning on the first billing cycle after the issuance of transition bonds issued to recover the Company’s regulatory assets and other qualified costs and continuing until the date customer choice begins in the power region in which the Company is located, there is recorded in a separate account, for that purpose, an amount equal to the amount collected by the application of this rate to be used to repay the principal and interest and ongoing fees and expenses on the transition bonds. After customer choice begins in the power region in which the Company is located, the amount calculated pursuant to this rate will be billed to retail electric providers (REP) based on individual retail customer consumption. METHOD OF CALCULATION (a) For all retail customers on each retail rate schedule. The transition charge is calculated for each regulatory asset recovery class by the application of a Transition Charge Factor, determined in accordance with the following formula*: Transition Charge Factor (TCF) = [(TC*RAAF)+A]/ K, where: TC = Total Recovery Amount correspondingto the length of the Recovery Period is an amount necessary to recover the principal and interest and ongoing fees and expenses associated with the bonds, debentures, notes, certificates of participation or of beneficial interest, or other evidence of indebtedness or ownership that are issued by the Company, its successors, or an assignee under a Public Utility Commission of Texas approved financing order. RAAF = Regulatory Asset Allocation Factor for each class as shown in the table below. A= True-up amount for each regulatory asset recovery class as contained in a notification filed with the Commission under PURA 8 39.003, subject to Commission review within 15 days of filing. K= The Company’s most current estimated kWh or kW sales by regulatory asset recovery class for the length of the Recovery Period as contained in a notificationfiled with the Commission under PURA 9 39.003, subject to Commission review within 15 days of filing. *For the General Service Secondary and General Service Primary classes, the two-step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $/kWh for non-demand metered customers and a TCF in $/kW for demand-metered customers. For the purpose of this formula, Recovery Period means, pursuant to PURA 5 39.307, a period not to exceed 12 months. 75.2 2 0 0 5 ANNUAL TC2 62 Tariff for Retail Delivery Service TXU Electric Delivery Company Attachment 6 Page 9 of 14 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 (b) Sheet: 7 Page 2 of 7 Revision: Two Regulatory Asset Allocation Factors (RAAF) and associated Transition Charge Factors for each regulatory asset recovery class are as follows: Regulatory Asset Allocation Factor Transition Charge Factor (TCFP) RegulatoryAsset Recovery Class Rate Schedule Residential Service R, RLU, RTU, RTU1, RTU1-M, RRE 0.41 2705 See Page 7 of 7 General Service Secondary GS, S-Sec, GSR, MS, MP-Sec GTU-Sec, GTU-M-Sec, RTP-Sec, GC-Sec, and all riders excluding Interruptible 0.447323 See Page 7 of 7 General Service Primary GP, S-Pri, GPR, MS-Pri, MP-Pri, GTU-Pri, GTU-M-Pri, RTP-Pri, GC-Pri, and all riders excluding interruptible 0.058982 See Page 7 of 7 High Voltage Service HV, S-Tran, HVR, GTU-Tran GTU-M-Tran, RTP-Tran, GC-Tran, and all riders excluding interruptible 0.027875 See Page 7 of 7 Lighting Service OL, SL, SL-Pri 0.006836 See Page 7 of 7 Instantaneous Interruptible GSI, GPI, HVI, SSI, SPI, STI, GSRTPI1, GSRTPIM, GSRTPID, GPRTPI1, GPRTPIM, GPRTPID, HVRI, HVRTPIM, HVRTPID, and applicable riders 0.018568 See Page 7 of 7 Noticed Interruptible GSNI, GSNB, GPNI, GPNB, HVNI, NVNG, GTUC-Sec, GTUC-Pri, GTUC-Tran, GTUC-M-Sec, GTUC-M-Pri, GTUC-M-Tran, GSRTPNI, GPRTPNI, HVRTPNI, and applicable riders. 0.02771 1 See Page 7 of 7 Should any of the Regulatory Asset Recovery Classes cease to have any customers, the Regulatory Asset Allocation Factor will be adjusted proportionately such that the total RAAF equals 1.OOO. For Rate S and Rider SI customers, the transition charge will be a pro-rated daily demand charge based on the otherwise applicable non-standby transition charge. (a) The Transition Charge Amount for each customer is determined by multiplyingthe applicable Transition Charge Factor (TCF) by the customer's kWh or kW usage in the billing month. The Transition Charge Amount for each customer is determined to the nearest whole cent. (b) Each customer receiving service on or before May 1, 1999 will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was provided on May 1, 1999, and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from TXU Electric, except as provided for in PURA 8 39.252(b)(l) and (c). (c) Any customer not previously served by TXU Electric and initiating service after May 1, 1999 and prior to January 1, 2002, will be assigned to the specific Regulatory Asset Recovery Class associated with the principal rate schedule under which a majority of the customer's service was initially provided and shall remain in said Regulatory Asset Recovery Class until customer ceases receiving regulated service from TXU Electric, except as provided for in PURA 5 39.252(b)(l) and (c). (d) Each customer initiating service on or after January 1,2002, will be assigned to a specific Regulatory Asset Recovery Class on the basis of the principal rate schedule under which the majority of the customer's load would have been served as of May 1,1999. 75.3 2 0 0 5 ANNUAL TC2 63 Tariff for Retail Delivery Service TXU Electric Delivery Company Attachment 6 Page 10 of 14 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13,2005 Sheet: 7 Page 3 of 7 Revision: Two NON-STANDARD TRUE-UP PROCEDURE In the event that the forecasted billing units for one or more of the Transition Charge customer classes for an upcoming period decreases by more than 10% of the billing units from the 12 months ending April 30,1999,the Servicer shall make a non-standardtrue-up filing at least 90 days before the date of the next true-up adjustment. The true-up shall be conducted in the following manner. The Servicer shall: allocate the upcoming periods Periodic Billing Requirement based on the Raffs approved in the FinancingOrder; calculate undercollections or overcollections from the preceding period in each class; sum the amounts allocated to each customer class in steps (a) and (b) above to determine an adjusted Periodic Billing Requirement for each customer class; divide the Periodic Billing Requirement for each customer class by the maximum of the forecasted billing units or the threshold billing units for that class, to determine the threshold rate; multiply the threshold rate by the forecasted billing units for each class to determine the expected collections under the threshold rate; allocate the difference in the adjusted Periodic Billing Requirement and the expected collections calculated in step (e) among the transition charge customer classes using the RAAFs approved in this Financing Order; add the amount allocated to each class in step (9 above to the expected collection amount by class calculated in step (e) above to determine the final Periodic Billing Requirement for each class; and divide the final Periodic Billing Requirement for each class by the forecasted billing units to determine the transition charge rate by class for the upcoming period. For the General Service Secondary and General Service Primary classes, the two-step procedure described in the Financing Order for Docket No. 21527 will be used to calculate a TCF in $/kWh for non-demand-meteredcustomers and a TCF in $/kW for demand-metered customers. A proceedingfor the purpose of approving a non-standard true-up should be conducted in the following manner: (a) (b) (c) The servicer will make a "non-standard true-up filing" with the Commission at least 90 days before the date of the proposed true-up adjustment. The filing will contain the proposed changes to the transition charge 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 true-up date. Concurrently with the filing of the non-standard true-up with the Commission, the servicer will notify all parties in Docket No. 21527 of the filing of the proposal for a non-standardtrue-up. The servicer will issue appropriate notice and the Commission will conduct a contested case proceedingon the non-standard true-up proposal pursuant to PURA Q 39.003. The scope of the proceedingwill be limited to determining whether the proposed adjustment complies with this Financing Order. The Commission will issue a final order by the proposed true-up adjustment date stated in the nonstandard true-up filing. In the event that the Commission cannot issue an order by that date, the servicer will be permitted to implement its proposed changes. Any modifications subsequently ordered by the Commission will be made by the servicer in the next true-up filing. BILLING AND COLLECTION The billing and collection of T C Rates may differ as set forth in this schedule. The terms and conditions for each party are set forth below: 11 Billina and Collection Prior to Customer Choice A. Billina bv the Servicer to end-use customers: 1. Applicable to consumption of all current retail customers. 2. Payment terms identical to present retail rates. 3. Right to terminate for non-payment pursuant to P.U.C. SUBST.R. 25.28and 25.29,or any successor rule(s). B. Billinas bv Servicer to other electric utilities. municiDallv owned utilities. and cooDeratives: 1. Applicable to former retail customers of the Company in multiply-certificatedservice areas now taking service from other utilities or cooperatives, if the customer did not have a request to switch service pending as of May 1,1999. 2. Charges subject to this tariff must be paid in full by the other utility or cooperative to the Servicer 75.4 2 0 0 5 ANNUAL TC2 64 Tariff for Retail Delivery Service TXU Electric Delivery Company . - Attachment 6 Page 11 of 14 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously sewed by TXU SESCO Effective Date: May 13, 2005 Sheet: 7 Page 4 of 7 Revision: Two 16 days after billing by the Sewicer regardless of whether the utility or cooperative collects such charges from the end-use retail customer. C. Billinas bv Servicer to Non-eliaibleSelf-aeneration(NESG): 1. Applicable to end use consumption served by on-site non-eligible self-generation. 2. Payment terms pursuant to the Commission’s rules. 3. Right to terminate for non-payment pursuant to P.U.C. SUBST.R. 25.28 and 25.29, or any successor rule(s). 2) Billina and Collection Subseauent to Customer Choice A. Billinas bv Servicer to other electric utilities, municiDallv owned utilities. and cooDeratives: 1. Applicable to former retail customers of the Company in multiply-certificatedservice areas now taking service from other utilities or cooperatives. 2. Charges subject to this tariff must be paid in full by the other electric utility or cooperative to the Servicer 35 days after billing by the Servicer regardless of whether the utility or cooperative collects such charges from the end-use retail customer. B. Billinas bv Servicer to NESG: 1. Applicable to end-use consumption served by on-site non-eligible self generation. 2. Payment terms pursuant to the Commission’s rules. 3. Right to terminate for non-payment pursuant to the Commission’s rules. C. Billinas bv the REP or its ReDlacement to End-UseCustomers: 1. Applicable to consumption of all retail end-use customers served by the REP for which TCs apply, including applicable former customers and NESG, under the following conditions: 2. REPSshall provide the Servicer with full and timely information necessary to provide proper reporting and for billing and true-up adjustments. 3. Each REP must (1) have a long-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 Transition Charge collections in the form of cash, (B) an affiliate guarantee, surety bond, or letter of credit providing for payment of such amount of Transition Charge 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 alternate form of deposit, credit support, or combination thereof it will 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 a long-term, unsecured credit ratings of not less than “BBB-” and “Baa3” (or the equivalent) from Standard & Poor’s and Moody’s InvestorsService, respectively. 4. If the long-term, unsecured credit rating from either Standard & Poor‘s or Moody’s Investors Service of a REP that did not previously provide the alternate form of deposit, credit support, or combination thereof or of any provider of an affiliate guarantee, surety bond, or letter of credit is suspended, withdrawn, or downgradedbelow “BBB-” or “Baa3” (or the equivalent), the REP must provide the alternate form of deposit, credit support, or combination thereof, or new forms 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). 5. The computation of the size of a requireddeposit shall be agreed upon by the Servicer and the REP, and reviewed no more frequently than quarterly to ensure that the deposit accurately 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 in 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 in short-term high quality investments, as 75.5 2 0 0 5 ANNUAL TC2 65 Tariff for Retail Delivery Service TXU Electric Deliverv ComDanv . - 6.1.I Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13, 2005 Attachment 6 Page 12 of 14 Sheet: 7 Page 5 of 7 Revision: Two 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 instruction 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 for the payment of the REP’s obligations for Transition Bond payments. Once the deposit is no longer required, the Servicer shall promptly (but not later than 30 calendar days) instruct 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 TCs, 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. Billinas bv the Servicer to the REP or its ReDlaCement (when aDDliCable): 1. Applicable to all consumption subject to REP billing of TCs. 2. Payments of TCs are due 35 calendar days following each billing by the Servicer to the REP, without regard to whether or when the REP receives payment from its retail customers. The Servicer shall accept payment by electronic funds transfer (EFT), wire transfer (WT) and/or check. Payment will be considered received the date the EFT or WT is received by the Servicer, or the date the check clears. A 5% penalty is to be charged on amounts received after 35 calendar days; however, a 10-calendar-daygrace period will be allowed before the REP is considered 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 Transition Charges existing on the 36‘h calendar day after billing by the Servicer. Any and all such penalty payments will be made to the indenture trustee to be applied against Transition Charge obligations. A REP shall not be obligated to pay the overdue Transition Charges of another REP. If a REP -grees to assume the responsibilityfor the payment of overdue Transition 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 Transition Charges; however, the prior REP shall not be relieved of the previously assessed penalties. 3. After the 10 calendar-day grace period (the 451h 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, or combination thereof made by the REP, and avail itself of such legal remedies as may be appropriate to collect any remaining unpaid Transition 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, Billinas bv the REP or its ReDlacement to End-Use Customers, and Paragraph 2 of this section shall select and implement one of the following options: Allow the Provider of Last Resort (POLR) or a qualified REP of the customer’s choosing to immediately assume the responsibilityfor the billing and collection of Transition Charges. 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. Arrange that all amounts owed by retail customers for services rendered be timely billed and Immediately paid directly into a lock-box controlled by the Servicer with such amounts to be applied first to pay Transition 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-establishmentof the requirements set forth in Paragraphs 4 and 5 of the previous section, Billinas bv the REP or its Redacement 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 initial POLR appointed by the Commission, or any Commission appointed successor to the POLR, will be requiredto meet the minimum credit rating and/or depositkredit support requirementsdescribed in Paragraph 3 of the preceding section, Billings by the REP or its Replacementto 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 transition charges will immediately be transferredto 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 2 0 0 5 ANNUAL TC2 66 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13,2005 Attachment 6 Page 13 of 14 Sheet: 7 Page 6 of 7 Revision: Two Servicer for any amount of Transition Charges they have paid their REP (although future TCs 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 45th day, the REP shall not be required to comply with (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 Transition Charges, the Servicer shall have the right to terminate transmissionand distributionservice for non-payment by end-use customers pursuant to the Commission's rules. 6. Notwithstanding Paragraph 2 of this section, the REPs will be allowed to hold back an allowance for charge-offs in their payments to the Servicer. Such charge-off rate will be recalculatedeach year in connection with the annual 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 by the Servicer to remit payments to the indenture trustee for the holders of Transition Bonds. On an annual basis in connection with the true-up adjustment process, the REP and the Servicer will be responsible for reconcilingthe 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 REPs right to reconciliationfor write-offswill be limited to customers whose service has been permanently terminated and whose entire accounts (i.e., all amounts due the REP for its own account as well as the portion representing Transition Charges) have been written off. (b) The REPs recourse will be limited to a credit against future TC payments unless the REP and the Servicer agree to alternative arrangements, but in no event will 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 include the REPs default experience and any subsequent credits into its calculation of the Adjusted Transition Charge Rates for the next TC billing Period and the REPs rights to credits will not take effect until after such Adjusted Transition Charge Rates have been implemented. 7. In the event that a REP dispr%s any amount of billed Transition Charges, the REP shall pay the disputed amount under protest accorchg 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 within 30 calendar days, either 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 Transition Charge payments (and penalties arising thereof) or the size of a required REP deposit will be handled in a like manner. Any interest paid by the Servicer on disputed amounts shall not be recovered through Transition Charges if it is determined that the Servicer's claim to the funds is clearly unfounded. No interest shall be paid by the Servicer if it is determined that the Servicer has received inaccurate metering data from another entity providing competitive metering services pursuant to PURA 8 39.107. 8. If the Servicer is providingthe metering, the metering data will be providedto the REP at the same time as the billing. If the Servicer is not providingthe 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 FinancingOrder with respect to billing and true-ups. NOTICE This rate is subject to the orders of regulatory bodies having jurisdiction and to the provisionsof Company's Tariff for Electric Service. 7E;7 2 0 0 5 ANNUAL TC2 67 Attachment 6 Page 14 of 14 Tariff for Retail Delivery Service TXU Electric Delivery Company . . Sheet: 7 Page 7 of 7 Revision:Two 6.1.1 Delivery System Charges Applicable: Excludes Certified Service Area previously served by TXU SESCO Effective Date: May 13,2005 Transition Charae Factor 2 nCF21 Effective Da& General Service General Service Hiah Voltaae I iahtinq Secondarv Primarv Servlce Service 0.000958 $/kW h 0.000826 $kWh or 0.366 $/kW 0.146 $kW 0.001360 $kWh 0.163 $kW 0.161 $kW November 30, 2004 0.001164 $kW h 0.000577$kWh 0.000799 $kWh or 0.355 $kW 0.149 $kW 0.001343 $kW h 0.146 $kW 0.316 $IkW June 30,2004 0.000966 $kW h 0.000970 $kWh or 0.282 $/kW 0.000654 $/kWh 0.205 $kW 0.001277 $kWh 0.113 $kW 0.195$IkW May 31,2005 or 0.163 $IkW 0.000378 $kWh or 0.289 $IkW or 0.296 $kW Jnstantaneou? InterrUDtible Noticed InterruDtible Residential Service 75 R 2 0 0 5 ANNUAL TC2 68 Attachment 7 COMPLIANCE TARIFF FILING NO. ANNUAL TRUE-UP COMPLIANCE FILING OF TXU ELECTRIC DELIVERY COMPANY CONCERNING TC2 CHARGES BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS AFFIDAVIT OF J. MICHAEL SHERBURNE STATE OF TEXAS COUNTY OF TRAVIS § § 0 BEFORE ME, the undersigned authority, on this day personally appeared J. Michael Sherburne, who, having been placed under oath by me, did depose as follows: 1. My name is J. Michael Sherburne. I am over the age of 21, a resident of Texas, and of sound mind and competent to testify to the matters stated herein. I am Electric Rates Manager for TXU Electric Delivery Company. 2. I have reviewed the Annual True-Up Compliance Filing Of ?XU' Electric Delivery Company Concerning TC2 Charges, and the statements and information contained therein are true and accurate to the best of my knowledge and belief, and I hereby adopt them as my own. The foregoing statements are true and correct. This concludes my affidavit. I/ J. Michael Sherburne SUBSCRIBED AND SWORN TO BEFORE ME by the said J. Michael Sherburne this 12'h day of May, 2004. h 2005 ANNClAL TC2 r r 69 Control Number: 31095 Item Number: 8 Addendum StartPage: 0 Julie Parsley Commissioner Paul Hudson Chairman Barry T. Smitherman Commissioner W. Lane Lanford Executive Director Public Utility Commission of Texas I- ’ TO: ’, Howard V. Fisher TXU Electric Delivery Company 500 N. Akard Street, Suite 10-106 Dallas, Texas 75201 Commission Staff - Electric Division Commission Staff - Legal and Enforcement D- ision FROM: Irene Montelongo ~Administrative Law Judge PolicyDevelopment Division RE: Tariff Control No, 31095 - Annual True-Up Compliance Filing of TXU Electric Delivery Company Concerning Rider TC2 Charges NOTICE OF APPROVAL Background. On May 13, 2005, TXU Electric Delivery Company (TXU) filed its Annual True-Up Compliance Filing in accordance with the Financing Order adopted on August 5, 2002, in Joint Application for Approval of Stipulation Regarding TXU Electric Company Transition to CompetitionIssues, Docket No. 25230. On June 16, 2005, Commission Staff (Staff) filed its recommendation that the proposed Tariff Rate Schedule 6.1.1.7.1 - Rider TC2 - Transition Charge be approved. Staff further recommended that TXU be required to file a “clean” Record Copy of the Tariff Rate Schedule. On June 22, 2005, the Office of Public Utility Counsel filed a statement to inform the Commission that it does not oppose the Commission’s approval of TXU’s compliance filing. &) Pnnted on recycled paper An Equal OpportunityEmployer 1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936-7000 Fax: 512/936-7003 web site: www.puc.state.tx.us 8 TARIFF CONTROL NO. 31095 Approval. 6.1.1.7.1 - NOTICE OF APPROVAL Page 2 Consistent with Staffs recommendation, TXU’s Tariff Rate Schedule Rider TC2 - Transition Charge, Sheet 7, Pages 1 through 7, Revision: Two is approved with an effective date of May 13,2005. TXU is directed to file a “clean” Record Copy of the Tariff Rate Schedule in the Commission’s Central Records Division. SIGNED AT AUSTIN, TEXAS on this the day of June 2005. PUBLIC UTILITY COMMISSION OF TEXAS o * r. MICkAEL E. FIELD DIRECTOR, DOCKET MANAGEMENT POLICY DEVELOPMENT DIVISION Q:\PD\Docket ManagementELECTRICELECTARIFFVlxxxU 1095 app.doc