I No. DENTON COUNTY ELECTRIC COOPERATIVE, INC. Tariff …

1 I Section I Sheet No. I11

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DENTON COUNTY ELECTRIC COOPERATIVE, INC. Tariff for

Electric Service

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SECTION TITLE:

SERVICE RULES AND REGULATIONS

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1 system, or ( 3 ) there is a system emergency or other abnormal

operating condition which warrants disconnection.

The Cooperative reserves the right to operate the disconnect for

the protection of the Cooperative's system even if it affects

Froducer's power generating installation. In the event the

Cooperative opens and closes the disconnect switch it shall not be

responsible €or energization or restoration of parallel operation of the generating installation. The Cooperative will make

reasonable efforts to notify the Producer in the event the

disconnect switch has been operated. The Producer will not bypass

the disconnect switch at any time €or any reason.

E. Access.

Persons authorized by the Cooperative will have t..e right to enter

the Producer's property for the purpose of operating or inspecting

the disconnect switch or metering. Such entry onto the Producer's

property may be without notice. If the Producer erects or

maintains locked gates or other barriers, the Producer will furnish

the Cooperative with convenient means to circumvent the barrier for

access to the disconnect switch and meter(s).

F. Modifications of Cooperative System.

In the event that it is necessary at the time of initial

interconnection or at some future time for the Cooperative to

modify its electric distribution system in order to purchase or

continue to purchase Producer's output, the Producer will reimburse

the Cooperative €or all just and reasonable costs of modifications

which are allocable to the Producer's small power generating

D E " COUNTY ELECTRIC COOPERATIVE, INC Tariff for

Electric Service

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Part 2 - Electric Service

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IJ installation. The modifications may include, but are not limited

to, special interconnection equipment, protective devices, control

devices or upgrading of distribution system components.

G. Liability for Injury and Damages.

Producer assumes full responsibility for electric energy furnished

to him at and past the point of interconnection and will indemnify

the Cooperative against and hold the Cooperative harmless from all

claims for both injuries to persons, including death resulting

therefrom, and damages to property occurring upon the premises

owned or operated by Producer arising from electric power and

energy delivered by Cooperative or in any way arising directly or

indirectly from Producer's generating installation except (i) when

the negligence of Cooperative or its agent or agents was the sole proximate cause of injuries, including death therefrom, to Producer

or to employees of Producer or in the case of a residential

Customer/Producer, to all members of the household; and (ii) as to

all other injuries and damages, to the extent that injuries or

damages are proximately caused by or result in whole or in part

from (a) any negligence of Cooperative or its agent(s) independent of and unrelated to the maintenance of Cooperative's facilities or

any condition on Producer's premises or (b) the breach by

Cooperative of any provision of any contract regarding purchase

and/or sale of electrical energy or service between Cooperative and

Producer.

The Cooperative shall not be liable for either direct or

consequential damages resulting from failures, interruptions, or

voltage and wave form fluctuations occasioned by causes reasonable


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beyond the control of the Cooperative, including, but not limited

to, acts of God or public enemy, sabotage and/or vandalism,

accidents, fire, explosion, labor troubles, strikes, order of any

court or judge granted in any bona fide adverse legal proceeding or

action, or any order of any commission, tribunal or governmental

authority having jurisdiction.

For claims resulting from failures, interruptions, or voltage and

wave form fluctuations occasioned in whole or in part by the

negligence of the Cooperative or its agent(s), the Cooperative

shall be 1 able only for that portion of the damages arising from

personal injury, death of persons, or costs of necessary repairs to

or reasonable replacement of electrical equipment proximately

caused by the negligent acts of the Cooperative or its agent(s) . The Cooperative shall not be liable in any event for consequential

damages.

H. Meterinq.

If the output of the Producer's generating installation is to be

purchased by the Cooperative, it will be measured by meters as

required €or the metering option chosen by the Producer. Any

necessary meter(s) or meter modification in addition to one

standard service meter will be installed, maintained and operated

by the Cooperative at the Producer's expense. A connection will be provided for the meter(s) at the Producer's expense in a location that is acceptable to both the Cooperative and the Producer. The

Cooperative may, at its own expense, supply, install and maintain

load research metering for the purpose of monitoring and evaluating

the Producer's generating installation. f

DENTON COUNTY ELECTRIC COOPERATIVE, INC. Tar iff for

Electric Service

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APPLICABLE TO ALL AREAS SERVED

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The metered output of Producer's generating installation will be

read by the Producer and, at the election of the Cooperative,

accumulated or monthly readings may be checked at least monthly by

representatives of the Cooperative.

The meter(s) will, by comparison with accurate standards, be tested

and calibrated as often as necessary. The Producer or the

Cooperative may reasonably request such tests, and shall be given

notice of not less than five ( 5 ) working days when such tests are

to be made. Both the Producer and the Cooperative will have the

right to be present at such tests. If a meter is found to be

inaccurate, it shall be restored to an accurate condition or

replaced. If the tests disclose that no unacceptable inaccuracies

exist in the meter(s), then the party requesting the tests shall

bear the expense of the tests. A report of the results of any

tests shall be furnished promptly by the party making such tests to

the other party. Any meter(s) registering a deviation of not more

than two percent (2%) from normal shall be deemed accurate. The

readings of any meter ( s ) which have been inaccurate shall be

corrected according to the percentage of inaccuracy as determined

by the tests for a period of no more than ninety (90) days prior to

the tests. If any meter fails to register for any period, the

facility output during such period shall be estimated in the best

manner possible as agreed upon by the Cooperative and the Producer.

I. Additional Meterinq Option.

Producers using renewable resources with an aggregate design

capacity of 50 kilowatts or less shall be offered the option of

Tar iff for

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340.3

340.4

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N interconnecting through a single meter that runs forward and

backward.

J. Notice of Chanqe in Installation.

Producer will notify the Cooperative in writing fifteen (15) days

in advance of making any change affecting the characteristics,

performance, or protection of the generating installation. If it

comes to the Cooperative's attention that the modification will

create or has created conditions which may be unsafe or adversely

affect the Cooperative's system then it shall notify Producer and

Producer shall immediately correct such condition.

K. Insurance.

Producer shall continue to maintain insurance as required by the

Cooperative prior to interconnection and shall provide proof of

such insurance to the Cooperative at least annually.

Sales to Producer.

Producer's rate class shall be designated by the Cooperative in

accordance with the availability and type of service provisions in its

rate schedules for all service including Backup, Supplementary, Inter-

ruptible, and Maintenance.

Purchases from Producer.

A. Rate. - The Cooperative will pay Producer for all power purchased at the

following rates:

(1) Capacity - No payment unless:

d (a) Producers provides firm power by contract;


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or

(b) An aggregate capacity value provided by disbursed

generating installations can be reasonably estimated

and there is an avoided capacity cost.

( 2 ) Energy - The metered KWH output from the Producer will be purchased at the Cooperative's total energy and fuel cost

divided by the total KWhs purchased as calculated from

the most recent wholesale power bill.

In the event that the Producer exercises the option to sell power to the

Cooperative, there will be, in addition to the minimum monthly bill

requirements under the applicable service rate schedule(s), a customer

service charge of $25 .00 per month for metering and billing.

B. Refusal to Purchase.

The Cooperative may, at certain times and as operating conditions

warrant, reasonably refuse to accept part or all of the output of

the Producer's facility. Such refusal shall be based on system

emergency constraints, special operating requirements, adverse

effects of the Producer's facility on the Cooperative's system or violation by the Producer of the terms of the Agreement for

Interconnection and Parallel Operation of Cogeneration and Small

Power Installations; 100 KW or Less.

340.5 Definitions.

A. Power Generatinq Installation, Generating Installation shall mean a small power production or cogeneration facility which is a

"qualifying facility" under Subpart B of the Federal Energy N

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b\l i Regulatory Commission's Regulations under Section 201 of the Public

Utility Regulatory Policies Act of 1978 including any generator,

and associated equipment, wiring, protective devices, or switches

owned or operated by Producer.

B. Producer means any person, firm, corporation, partnership, or other

entity owning or operating a power generating installation.

SECTION TITLE:


Part 3 - Disconnection of Service


Sect ion Sheet No.

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lv 350. Customer Initiated Discontinuance of Service.

350.1 Customer's Request.

Any Customer desiring to discontinue electric utility service from the

Cooperative shall make a written request identifying the Customer, the

service location where discontinuance is desired, and the date service

is requested to be discontinued. Such request shall be filed at any

office of the Cooperative.

350.2 Disconnection.

Following receipt of Customer's request for discontinuance of service

the Cooperative shall disconnect service. Where practicable

disconnection is made on the date requested by the Customer, however,

the Cooperative shall not be obligated to make disconnection earlier

than the second full business day following receipt of Customer's

r eques t .

351. Cooperative Initiated Discontinuance.

351.1 Reasons for Discontinuance.

The Cooperative may discontinue service to a Customer under any of the

following circumstances:

A . Nonpayment of a Bill.

If the Customer fails or refuses to pay a delinquent account fo r

electric service (whether or not based upon estimated billing).

or

DENTON COUNTY ELEK33I.C COOPERATIVE, INC. Tar iff for

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B. Breach. 1

If Customer fails or refuses to perform any obligation under the

terms of the Agreement for Electric Service or a deferred payment agreement.

or

C. Interference with Service.

If Customer violates any rule pertaining to the use of electric

service in a manner which interferes with or is likely to cause

interference with electric service to other Customers or operates

nonstandard eqriipment, provided that the Cooperative has made a

reasonable effort to notify the Customer and provided there has

been a reasonable opportunity to remedy the situation. or

D. Failure to Make Application for Service.

If Customer fails or refuses to make application for service in accordance with these rules in Customer's true name.

or

E. Refusal of Access.

If Customer fails or refuses to provide the Cooperative reasonable

access to its facilities located on Customer's premises.

or

F. Default on Guaranty Agreement.

If a Customer has signed a written Guaranty Agreement for another

Customer or applicant and fails or refuses to pay the amount due on

the guaranteed account when requested to do so by the Cooperative. or

G. Backbillinq.

I If Customer fails or refuses to timely pay any billing authorized

by these rules resulting from previous underbilling (whether caused

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by meter inaccuracy, failure to register, misapplication of rates

or otherwise). Correction of billings for meter inaccuracy shall

be made fo r the period of six ( 6 ) months immediately preceding

removal of the inaccurate meter from service for testing or from the time the meter was in service since last tested, but not

exceeding six (6) months.

or

H . Hazardous Condition.

When a hazardous condition exists in Customer's installation or

equipment.

or

I. Meter Tampering.

If Cooperative's meter which serves Customer has been tampered with

or bypassed, the Cooperative may discontinue service. For purposes

of this section, meter tampering, bypass, or diversion shall be

defined as tampering with an electric meter or equipment, bypassing the same, or other instances of diversion, such as physically

disorienting the meter, objects attached to the meter to divert

service or to bypass, insertion of objects into the meter, and

other electrical and mechanical means of tampering with bypassing,

or diverting electrical service or there has been a theft of

electric service (Section 31.04 of the Penal Code of the State of

Texas) or criminal mischief for having damaged or tampered with the

Cooperative's property (Section 28.03 of the Penal Code of the

State of Texas).

The Cooperative may charge for all labor, material and equipment

necessary to repair or replace all equipment damaged due to meter

tampering or bypassing or other service diversion, and other costs

I Section 1 Sheet No. I11

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DENTON COUNTY ELECTRIC COOPERATIVE, I N C . Tar iff for

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A. Proper Notice Prior to Disconnection for Nonpayment.

If a Customer fails or refuses to pay the Cooperative in accordance with the provisions of the Agreement For Electric Service, service

rules, applicable rate schedule, deferred payment agreement, or

guaranty agreement, then proper notice shall be given prior to

disconnection. 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 "termination notice" or similar

language prominently displayed on the notice. The information

included in the notice shall be provided in English and Spanish as

necessary to adequately inform the Customer. If mailed, the cut-

off day may not fall on a holiday or weekend, but shall fall on the next working day after the tenth day. Payment at a utility's

authorized payment agency is considered payment to the utility.

The Cooperative shall not issue late notices or disconnect notices

to the Customer earlier than the first day the bill becomes

delinquent so that a reasonable length of time is allowed to

ascertain receipt of payment by mail or at the utility's authorized

payment agency.

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SECTION TITLE: I STAMP SERVICE RULES AND REGULATIONS



necessary to correct service diversion where there is no equipment

damage, including incidents where service is reconnected without

authority. An itemized bill of such charges must be provided to

the Customer. The Cooperative may also estimate and bill the

Customer for electric service over the entire period of meter

tampering, meter bypassing or service diversion.

351.2 Notice of Disconnection.

D E " COUNTY ELECTRIC COOPERATIVE, INC. Tar iff for

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Sect ion I Sheet No.

B. Disconnection Without Notice.

Electric service may be disconnected without any notice to Customer

if a hazardous condition exists or for meter tampering or

bypassing.

C. Disconnection After Reasonable Notice.

(1)

( 3 )

Electric service may be disconnected for violation of service

rules pertaining to the use of service in a manner which

interferes with the service of others or the operation of non-

standard equipment [Section 351.1(C)], if a reasonable attempt has been made to notify the customer and the customer is prov-

ided with a reasonable opportunity to remedy the situation.

Electric service may be disconnected for failure to make

application for service [Section 351.1(D)]; refusal of access

[Section 351.1(E)]; failure to pay a Bill to correct previous underbilling [Section 351.1(G)]; default on guarantee

agreement [Section 351.1(F)J; if reasonable notice is given.

Reasonable 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 "termination notice" or similar

language prominently displayed on the notice.

351.3 Postponement of Disconnection--Medical.

The Cooperative will 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 must


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have the attending physician call or contact the Cooperative within 16

days of issuance of the bill. A written statement must be received by

the Cooperative from the physician or health care provider within

twenty-six (26) days of the issuance of the Cooperative's bill. The

prohibition against discontinuance of service provided by this rule

shall last sixty-three (63) days from the issuance of the Cooperative's

bill or such lesser period as may be agreed upon by the Cooperative and

the Customer. The Customer who makes such request shall enter into a deferred payment plan.

351.4 Effect of Discontinuance of Service.

A. Customer's Obligations.

Discontinuance of service shall not relieve Customer from any

obligation to the Cooperative or lessen or change any obligation in any manner.

B. Cooperative's Riqhts.

Discontinuance of service shall not reduce, diminish, or eliminate

any legal right or remedy accruing to the Cooperative on or before

the date of discontinuance, nor shall discontinuance operate as a

waiver of any legal right or remedy.

Failure of Cooperative to discontinue electric service at any time

after default or breach of this tariff, or to resort to any legal remedy or its exercise of any one or more of such remedies does not affect the Cooperative's right to resort thereafter to any one or

more of such remedies for the same or any default or breach by Customer, N

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351.5 Dismantlinq of Cooperative Facilities.

The Cooperative may, upon discontinuance of electric service to

Customer, dismantle and remove all lines, equipment, apparatus, or other

facilities which the Cooperative may have installed to provide electric

service to Customer. Alternatively, the Cooperative may abandon in

place in whole or in part its underground lines and equipment in lieu of

removing such facilities.

351.6 Liability for Discontinuance of Service.

The Cooperative shall not be liable for any damages of any kind or

character resulting from discontinuance or disconnection made pursuant

to these rules.

351.7 Refund of Membership Fee.

Within a reasonable time after discontinuance of service the Cooperative shall make reasonable efforts to refund Applicant's membership fee if

Applicant is no longer required to maintain a membership.

351.8 Refund of Deposit. After disconnection of service, if service is not reconnected, the

Cooperative shall refund the Customer's deposit, plus accrued interest

on the balance, if any, in excess of unpaid bills for service furnished.

r

D E " COUNTY ELECTRIC COOPERATIVE, INC. Tar iff for

Electric Service I I

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Part 4 - Definitions


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370. Definitions. The following terms, when used in this Tariff for Electric

Service, have the following definitions:

370.1

370.2

370.3

370.4

370.5

370.6

370.7

Aqreement for Electric Service. A written contract between Cooperative

and Customer under which Cooperative provides electric service.

Codes. Codes governing electrical installations.

Commission. The Public Utility Commission of Texas.

Conductors Considered Outside of Buildinq. At the option of the

Cooperative, conductors may be considered outside of a building or other structure under any of the following conditions: (1) where installed

under not less than two inches of concrete beneath a building or other

structure, or ( 2 ) where installed within a building or other structure

in a raceway that is enclosed concrete or brick not less than two inches thick.

Connected Load. The combined electrical requirement (i.e., the sum of

the capacities and/or ratings) of all motors and other electric power

consuming devices installed on the Customer's premises.

Contribution in Aid of Construction. A cash payment by Customer to Cooperative in order to prevent burdening other Customers through

capital expenditures by Cooperative.

Cooperative. Denton County Electric Cooperative, Inc., its successors

and assigns.

I I Section I Sheet No. I11

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I SECTION TITLE: I STAMP SERVICE RULES AND REGULATIONS



370.8

370.9

370.10

' 370.11

370.12

370.13

370.14

Customer. An individual, partnership, association, joint venture,

corporation, trust, governmental agency or other entity who is

receiving, who is an applicant for, or who is receiving the benefit of

electric service at a specified point of delivery.

Customer's Electrical Load. The power and energy of all motors and

other electricity-consuming devices on Customer's premises which are

operated simultaneously from electric service provided by the

Cooperative.

Customer's Electrical Installation. All conductors, equipment, or

apparatus of any kind on Customer's side of the point of delivery,

except Cooperative's metering equipment, used by Customer in taking

electric service.

Demand. The rate at which electric energy is used at any instant or

averaged over any designated period of time.

Demand Interval. The specified interval of time on which a demand

measurement is based. The Cooperative's demand interval is normally 15

minutes.

Distribution System. Cooperative's primary and secondary voltage

conductors, transformers, switchgear, connection enclosures, pedestals,

services, and other associated equipment used to provide electric

service.

Dwelling Unit. A room or rooms suitable for occupancy as a residence

containing kitchen and bathroom.


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370.15 Electric Service. Electric power and energy produced, transmitted and

distributed, and provided or made available by Cooperative at the point

of delivery.

370.16 Energy. The measure of how much electric power is provided over time

for doing work. The electrical unit is the watt-hour, or kilowatt-hour.

370.17 Inspection Authority. Generally, an incorporated city or town, but may

be an agency of the county, state or federal government.

370.18 Kilowatt. 1,000 watts; abbreviated "KW."

370.19 Kilowatt-Hour. 1,000 watt-hours; abbreviated 'tKWh.'l

370.20 Load Factor. The ratio, usually stated as a percentage, of actual

kilowatt-hours used during a designated time period to the maximum

kilowatts of demand times the number of hours occurring in the

designated time period.

370.21 Maximum Electrical Load. The maximum power and energy of all motors and

other electricity consuming devices on Customer's premises which are

operated or expected to be operated simultaneously from electric service

provided by Cooperative at one point of delivery, measured in kilowatts.

370.22 - Meter. A device, or devices, together with any required auxiliary

equipment, for measuring electric service.

370.23 Permanent Electric Service. Electric service provided to Customer for

a period of time in excess of a year and not used for short-term, .

A

DENTON COUNTY ELEC'IRIC COOPERATIVE, INC. Tar iff for

Electric Service

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AFPLICABLE TO ALL AREAS SERVED

Section Sheet No. I11 65

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temporary or seasonal periods of less than twelve months except that

construction power is not considered to be permanent electric service

even though provided for a continuous period of time in excess of twelve

months.

370.24 Permanent Installation. Any installation that is:

A . Constructed on or permanently affixed to a concrete slab or

concrete piers (not blocks) and which is actually used or occupied

on a permanent full-time basis; or

B. Any other structure which meets all of the following criteria:

(1) The structure which must be impractical to move. Mobile homes

with wheels, trailer hitch, and axle removed are considered

impractical to move;

The structure must be actually used or occupied on a permanent full-time basis;

(2)

( 3 ) The structure must be located on property owned by the

Customer or leased by the Customer;

( 4 ) The structure must be permanently connected to a water system

and must also be permanently connected to a sewer or septic

sys tem.

370.25 Person. Any individual, partnership, association, joint venture,

corporation, trust, or governmental entity.

370.26 Point of Delivery. The point where Cooperative's conductors are

connected to Customer's conductors.

370.27 Power. The rate at which electric energy is provided for doing work.

The electrical unit of power is the watt, or kilowatt.

DENTON COUNTY EZECTRIC COOPERATIVE, INC. Tar iff for

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N 370.28 Power Factor. The ratio of real power, in kilowatts, to apparent power,

in kilovoltemperes, €or any given load and time, generally expressed as a percentage ratio.

370.29 Raceway. Tubular or rectangular channel or conduit for containing

electrical conductors, which may be exposed, buried beneath the surface

of the earth, or encased in a building or structure.

370.30 Rate Schedule. A statement of the method of determining charges for

electric service, including the conditions under which such method

applies.

370.31 Service Availability Statement. A statement from the Cooperative

designating the acceptable location of the Customer's service entrance

conductors, the proper location of meters and metering equipment, the

type of service available which will be made available at the specific location under consideration at the capacity of the service to be

provided.

370.32 Service Drop. Overhead conductors that extend from Cooperative's

overhead distribution system to the point of delivery where connection

is made to Customer's electrical installation.

370.33 Service Entrance Conductors. Conductors provided by Customer extending

from Customer's electrical equipment to the point of delivery where

connection is made.

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Sect ion I11 DENTON COUNTY ELECMRIC COOPERATIVE, I N C .

Tar iff

Electric Service for Rev i s ion

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N 370.34 Service Rules and Requlations; or Service Rules. Any service rule or

regulation of the Cooperative approved by the Public Utility Commission

of Texas and contained in Section 111 of these tariffs.

370.35 Tariff(s). All provisions of this document including but not limited to

provisions regarding (1) Utility Operations; ( 2 ) Rates and Charges; ( 3 )

Service Rules and Regulations; and ( 4 ) Forms.

370.36 Temporary Electric Service. Electric service provided to Customer f o r a

single, continuous period of time which is less that twelve consecutive

months except that construction power, even though provided for a

continuous period of time in excess of twelve months, is considered to be temporary electric service.

370.37 Watt. The rate at which electric power is provided to do work. One

watt is the power represented by a current having a component of one

ampere in phase with and under a pressure of one volt.

370.38 Watt-Hour. A unit of work or energy equivalent to the power of one

r\l watt operating for an hour.

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SECTION TITLE:

FORMS


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I I I e/ DENTON COUNTY'ELECTRIC COOPERATIVE, INC.

AGREEMENT FOR ELECTRIC SERVICE

The undersigned (the "Customer") hereby makes application and agrees to purchase electric service from DENTON COUNTY ELECTRIC COOPERATIVE, INC. (the "Cooperative") upon the following terms and conditions:

1. Service. Cooperative agrees to use reasonable diligence to provide electric utility service to a point of delivery at Customer's service location. The electric service contracted for herein is to be provided and taken in accordance with the provisions of this Agreement and Cooperative's tariff. SAID TARIFF IS A PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FtJLLY SET OUT HEREIN AND IS ON FILE AND AVAILABLE AT THE COOPERATIVE'S OFFICES IN DENTON, TEXAS. Any tariff provision (including rates) may be changed by order or consent of any regulatory authority having jurisdiction thereof whether or not at the request of the Cooperative. The Cooperative's LIABILITY is LIMITED as provided in its tariff.

2 . Payment. Customer agrees to purchase and pay for electric service in accordance with Cooperative's tariff. Periodically, Cooperative will render to Customer a statement of services rendered. Customer agrees to pay the total amount shown on such statement within sixteen (16) days from its date. Payment shall be made to Cooperative at its office in Denton County, Texas.

3 . Term. This Agreement For Electric Service shall continue in force for an initial term of years from the date service is made available by the Cooperative to the Customer. After the initial term, this agreement may be terminated by either party giving notice.

4 . Breach. [Jpon failure to make payment or perform any obligation under this Agreement the Cooperative shall have the right to discontinue service as well as other remedies that may be available by la#.

5. - Customer's Installation/Safek. Customer warrants that his or her installation (including all conductors, switches, equipment, wiring, and protective devices of any kind) is constructed and will be maintained in accordance with the National Electrical Safety Code of the American Standards Association as well as applicable laws or ordinances. Customer understands that electricity conducted through the Cooperative's facilities may be dangerous and agrees that Customer shall not permit any person on Customer's premises to contact or come in close proximity to Cooperative's facilities.

c

DENTON COUNTY ELECTRIC COOPERATIVE, INC. Tar iff

f o r Electric Service

SECTION TITLE:

FORMS

Sect ion IV

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6. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements between Customer and Cooperative for the service herein described. Customer agrees the Cooperative, its agents and employees, have made no representations, promises, or any inducements, written or verbal, which are not contained herein.

7 . Amortization of Line Extension Cost. In addition to the minimum charge stated in the applicable rate schedule, Customer agrees to pay $ per month during the initial term of this Agreement to amortize line extension costs.

8 . Aid to Construction. Customer shall make a non-refundable contribution in aid of construction in the amount of $

DENTON COUNTY ELECTRIC COOPERATIVE, INC.

By : Manager or Authorized Employee

CUSTOMER :

By : Property Owner

DENTON COUNTY ELECTRIC COOPERATIVE, INC. Tar iff

fo r Electric Service

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SECTION TITLE:

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ELECTRIC UTILITY EASEMENT

AND

COVENANT OF ACCESS

STATE OF TEXAS §

COUNTY OF § 5 KNOW ALL MEN BY THESE PRESENTS:

That the undersigned, hereinafter called "Grantor" (whether one or more) for good and valuable consideration including the approval and execution of an Agreement For Electric Service by DENTON COUNTY ELECTRIC COOPERATIVE, INC. (hereinafter called the "Cooperative"), does hereby covenant access to and grant, sell, and convey unto the Cooperative an easement and right-of-way upon and across the following described property of grantor:

The right-of-way, easement, rights and privileges herein granted shall he used for the purpose of providing electric utility service (overhead or underground) including placing, constructing, operating, repairing, inspecting, rebuilding, replacing, removing, relocating, electric lines, distribution facilities or equipment, as well as reading any meter or performing any act related to the provision of utility service. The Cooperative is specifically granted pedestrian and vehicular ingress and egress. /J


Electric Service

The width of the easement shall be feet, one-half (1/2) of such distance on either side of Cooperative's lines, poles, or other facilities. The height of the easement shall be from fifteen (15) feet beneath the surface of the ground to a height of - feet above the ground.

The easement, right, and privilege herein granted shall be perpetual, unless

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The Cooperative shall have the right to use so much of the surface of the hereinbefore described property of Grantor as may be reasonably necessary to construct and install within the right-of-way granted hereby the facilities that may at any time be necessary for the purposes herein specified.

The Cooperative shall have the right to clear the right-of-way of all obstructions, to cut and trim trees within the right-of-way or chemically treat trees or shrubbery with herbicides.

Grantor further covenants that Grantor, his heirs, successors and assigns shall facilitate and assist Cooperative personnel in exercising their rights and privileges herein described at all reasonable times and shall not build, construct or cause to be erected any building or other structure that may interfere with the provision of electric service or the exercise of the rights granted to the Cooperative herein.

WITNESS HAND , this day of , A.D., 19-. -

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1 THE STATE OF TEXAS s

§ COUNTY OF §

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BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the

foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed.

SECTION TITLE:

FORMS


GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,19-.

PUC STAMP

Notary Public in and for the State of Texas

(Frinted or Stamped Name of Notary) My Commission Expires: EJ


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J DENTON COUNTY ELECTRIC COOPERATIVE, INC.

Denton, Texas

DEFERRED PAYMENT AQREPiENT

I, the undersigned, promise to pay to the order of DENTON COUNTY ELECTRIC COOPERATIVE, INC. , Texas, $ Dollars monthly on my outstandins bill of $ Dollars. Each installment shall be paid on or before the 15th day of each month with the first installment of $ Dollars due on and the final installment of $ Dollars due on

Service will not be discontinued for non-payment of previous billing if Customer pays current bills in addition to the foregoing sums. Failure to make payments as stipulated above, or failure to pay in full all current and future electric bills shall constitute grounds for disconnection of electric service without further negotiation.

IF YOU ARE NOT SATISFIED WITH THIS CONTRACT, OR IF AGREEMENT WAS MADE BY TELEPHONE AND YOU FEEL THIS CONTRACT DOES NOT REFLECT YOUR UNDERSTANDING OF THAT AGREEMENT, CONTACT THE COOPERATIVE IMMEDIATELY AND DO NOT SIGN THIS CONTRACT.

IF YOU DO NOT CONTACT THE COOPERATIVE, OR IF YOU SIGN THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO DISPUTE THE AMOUNT DUE UNDER THE AGREEMENT, EXCEPT FOR THE COOPERATIVE'S FAILURE OR REFUSAL TO COMPLY WITH THE TERMS OF THIS AGREEMENT.

Signed:

Bv :

Date :


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CONTRACT OF GUARANTY N DENTON COUNTY ELECTRIC COOPERATIVE, INC.

WHEREAS Denton County Electric Cooperative, Inc., a Texas Corporation, hereinafter called "Cooperative," as a condition to furnishing residing at

, hereinafter called "Applicant," electric service at , has requested Applicant to establish credit by

making a cash deposit with said cooperative to secure payment for electric service, or in lieu of such a deposit to furnish a satisfactory guaranty of payment for electric service; and whereas , the undersigned Guarantor residing at

, in consideration of the Cooperative furnishing the Applicant electric facilities and service without requiring such a deposit at this time, hereby guarantees to the Cooperative the payment by the Applicant of all charges for facilities and service of all kinds whatsoever, for which the Applicant may be liable under applicable tariff provisions, rules and regulations of the Cooperative by reason of his having contracted for electric service at hereinabove stated. Now therefore:

The underslgned Guarantor covenants and agrees that, if Applicant at any time shall fail or refuse to pay when due all charges for electric facilities and service, the undersigned Guarantor will upon demand of the Cooperative, pay all such charges. In the event Guarantor defaults in making payment, Guarantor agrees' that the amount due from Applicant may be transferred to any account Guarantor has with the Cooperative, and Guarantor understands and agrees that Guarantor's electric service is subject to termination if all charges, including the charges due from Applicant which have been transferred to Guarantor's account, are not promptly paid when due.

The undersigned Guarantor hereby waives right to notice of acceptance of this guaranty and further waives right to notice of default in payment by said Applicant and consents that time of payment may be extended by the Cooperative without notice thereof. If suit is brought to enforce Guarantor's obligation herein assumed, Guarantor shall pay all court costs and reasonable attorney fees thereby incurred by the Cooperative.

This guaranty shall remain in full force and effect until 30 days after receipt by the Cooperative of Guarantor's written notice to terminate; provided, however, that Guarantor's liability hereunder shall remain in effect thereafter with respect to any and all obligations for electric service incurred by Applicant at any time prior to said termination date. This guaranty shall not be affected by the removal of service from the address stated to a different address nor by any change in the class of service contracted for or any extension of payment.

The undersigned Guarantor's liability under this guaranty shall not exceed

DENTON COUNTY ELECTRIC COOPERATIVE, INC. '

Tar iff for

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Signed and sealed this day of , 19 1

Guarantor

Guarantor

THE STATE OF TEXAS 5 COUNTY OF s

BEFORE ME, the undersigned authority, on this day personally appeared and , known to me to be the

persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,19-.

Notary Public in and for the State of Texas

(Printed or Stamped Name of Notary)

ACCOUNT DISCLOSURE AUTHORIZATION

The undersigned Applicant for telecommunications and directory services hereby authorizes Denton County Electric Cooperative, Inc. to disclose information to the Guarantor regarding the nature of the charges and the amount due and outstanding on Applicant's account for electric service so long as this Contract of Guaranty remains in effect .

Signed this day of ,19-.

Applicant lv


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I AGREEMENT FOR INTERCONNECTION AND

PARALLEL OPERATION OF COGENERATION OR SMALL P O W E R PRODUCTION INSTALLATION; 100 KW OR LESS

THIS AGREEMENT made this - day of , 19- , by and between , hereinafter referred to as the "Producer,"

and Denton County Electric Cooperative, Inc., hereinafter referred to as the "Cooperative" is as follows:

1. Purpose. Producer owns or intends to own and/or operate a qualifying electric power generating installation and desires to interconnect and operate such installation in parallel with Cooperative's electric distribution system. This agreement defines the relationship between the Cooperative and Producer including terms affecting purchase and sale of electricity as well as reasonable conditions for interconnection and parallel operation.

2. Producer's Generatinq Installation. The generating installation to which this agreement applies is described as:

Make Mode 1 Serial # Fuel or Energy Source Nameplate Output Rating kw Operating Voltage volts Connection phase Located at

Emergency Contact: Name Address Phone

3. Terms. The Cooperative agrees to use reasonable diligence to provide simultaneous electric service. Interconnection, parallel operation, sales and purchases of electricity will be governed by the Cooperative's Tariff including any and all amendments that may hereafter be approved or ordered by any regulatory authority having


Electric Service

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Section Sheet No.

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jurisdiction, SATD TARIFF including all service rules, regulations, and rates IS A PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN AND IS ON FILE AND AVAILABLE AT THE COOPERATIVE'S OFFICE IN DENTON, TEXAS.

4 . Interconnection. Prior to interconnection Producer shall have (1) fulfilled all requisites for the provision of electric utility service contained in the tariff; (2) provide an interconnection plan and other information; ( 3 ) comply with conditions for line extension; ( 4 ) provide satisfactory liability insurance; (5) sign and deliver this Agreement; ( 6 ) complete construction; ( 7 ) comply with laws; ( 8 ) give notice of intent to energize; and (9) eliminate any conditions preventing interconnection. Producer warrants to Cooperative that Producer's power generating installation is constructed and will be maintained in a safe and reliable condition and will comply with the latest applicable codes.

5 . Parallel Operation. Producer is responsible for installation, safe operation, protection, and maintenance of all equipment and wiring at and beyond the point where Producer's conductors contact the Cooperative's conductors. The electrical power generated shall be compatible with Cooperative's standard distribution system at the point of delivery and of such quality that Cooperative's system is not adversely affected. Producer shall install and/or pay for a visible break disconnect switch. The Cooperative shall have access to the disconnect switch and meter(s) at all times.

The Cooperative's LTARTLITY IS LIMITED in accordance with its tariff and Producer agrees to indemnify and hold the Cooperative harmless from all claims except as specified in the tariff.

6 . -_. Purchases -. of Electricity from Producer. At the option of the Producer, the Cooperative will purchase:

No output from the generating installation while allowing the Producer to use the output to offset the Producer's total consumption, with the Producer's meter(s) modified to prevent reverse metering;

or

The net surplus output from the generating installation as measured by a second service meter which records the net surplus output of Producer into the Cooperative's system; where the net surplus is defined to be the accumulated instantaneous output of the Producer in excess of Producer's simultaneous instantaneous load;


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The output of Producer's generating installation as measured by a second meter which records the output while charging the Producer for the Producer's consumption.

The Cooperative will pay for electricity purchased from Producer at the applicable tariff rate for qualifying power generation installations.

At the option of the Producer, the Cooperative will:

Credit the value of all output purchased from the Producer's generating installation against the monthly bill for service for the month following receipt of the Producer's meter reading(s) for the monthly billing cycle;

or

Pay Producer by check for all output purchased from Producer's generating installation within days from receipt of the Customer's meter reading(s) for the monthly billing period.

7 . Sales of Electric Service to Producer. Producer agrees to pay for electric service in accordance with the rate schedule applicable to class. If any tariff or rate is changed by the Cooperative, or by order or consent of any regulatory authority having a jurisdiction thereof whether or not at the request of the Cooperative, such changed tariff, rate, or redefined class of service shall be applicable to service provided hereunder from and after the effective date of such change. Periodically, Cooperative will render to Producer a statement of services rendered. Producer agrees to pay the total amount shown on such statement within sixteen (16) days from its date. Payment shall be made to Cooperative at its office in Denton, Denton County, Texas.

8 . Term. The acceptance of this instrument by the Cooperative shall constitute an agreement between the Producer and the Cooperative which shall continue in force for an initial term of years (not to exceed 5 years) from the date service is made available by the Cooperative to the Producer. After the initial term, this agreement may be terminated by either party giving at least thirty (30) days written notice to the other.

9. --- Breach. The failure or refusal to perform any obligation contained in this agreement shall constitute a breach of this agreement. The parties shall have such

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N remedies for breach as may be provided for at law or in equity. Notwithstanding any other provision of this agreement, Cooperative may discontinue service if Producer has breached any portion of this agreement by failure to make timely payment or otherwise.

10. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between Producer and Cooperative f o r the service herein described, and the Cooperative, its agents and employees have made no representations, promises, or made any inducements, written or verbal, which are not contained herein. Producer agrees that it is not relying on any statements not herein contained.

11. Assiqnment. This agreement shall not be assigned by Producer except in accordance with the Articles, Bylaws, and rules and regulations of Cooperative. This agreement shall inure to the benefit of Cooperative's assigns.

12. Interconnection Cost. Producer agrees to pay for extension of Cooperative's facilities and other interconnection costs as follows:

$ in advance of any work by the Cooperative;

or

$ per month as an increased monthly minimum over and above the applicable minimum stated in the Cooperative's tariff.

13. Receipt of Tariff. Producer acknowledges receipt of a copy of the Cooperative's tariff.

DENTON COUNTY ELECTRIC COOPERATIVE, INC.

By : General Manager

PRODUCER :

J

DENTON COIJNTY ELECTRIC COOPERATIVE, INC. Tar iff for

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Sect ion IV

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1 I I APPLICABLE TO ALL AREAS SERVED

Addendum to Agreement for Interconnection and Parallel Operation of Cogeneration or

Small Power Production Installation; 100 KW or Less

This addendum made the day of , 19-. by and between Dentc County Electric Cooperative, Inc., hereinafter referred to as the "Cooperative" an

hereinafter referred to as "Producer" modifies th first paragraph of Section 6 of the Agreement for Interconnection and Parallel Operatic of Cogeneration or Small Power Production Installation; 100 KW or less between the partie dated , 19- as follows:

Producer certifies that he/she is using renewable resources in a generating installation (qualifying facility under FERC rules) with an aggregate design capacity of 50 kilowatts or less and hereby elects to interconnect through a single meter that runs forward and backward.

Witness our hands:

Denton County'Electric Cooperative, Inc.

By : Title:

Producer :

Bv : Title:

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I No. DENTON COUNTY ELECTRIC COOPERATIVE, INC. Tariff …