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HomeMy WebLinkAboutResolution - 2001-R0103 - Amendment To Rate And Tarrif Structure - LP&L - 04/12/2001Resolution No. 2001-RO1 April 12, 2001 Item No. 30 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock; and WHEREAS, pursuant to Section 40.055 of the Texas Utility Code, the City Council of the City of Lubbock has exclusive jurisdiction to set all terms of access, conditions, and rates applicable to services provided by Lubbock Power & Light; and WHEREAS, pursuant to Section 9-17 of the Code of Ordinances, City of Lubbock, Texas, all rates to be charged for electric service provided by Lubbock Power & Light shall be determined by the City Council of the City of Lubbock in a meeting conducted pursuant to Section 551.086 of the Texas Government Code; and WHEREAS, Section 551.086 of the Texas Government Code authorizes the City Council of the City of Lubbock, as the governing body of Lubbock Power & Light, to meet in executive session to discuss, vote and take final action on a competitive matter of Lubbock Power & Light; and WHEREAS, the City Council of the City of Lubbock has determined that the subject matter of this resolution and any and all exhibits attached hereto relate to Lubbock Power & Light's competitive activity; and WHEREAS, the City of Lubbock desires to change the rates and tariff structure for residential, commercial, industrial, and other retail customers of the City's municipally owned electric utility, Lubbock Power & Light, beginning on June 11, 2001; and WHEREAS, the City Council of the City of Lubbock deems that it is no longer in the best interest of the citizens of the City of Lubbock to continue to use the rate and tariff structure passed by the City Council in Resolution No. 4307 on October 28, 1993; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to improve the efficiency and competitiveness of the municipally owned electric utility, Lubbock Power & Light; and WHEREAS, the City Council has determined in a meeting conducted pursuant to Section 9-17 of the Code of Ordinances, City of Lubbock, Texas that the attached rate and tariff structure, along with the terms and conditions thereof, would improve the efficiency and competitiveness of the City's municipally owned electric utility; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Lubbock Power & Light shall, effective June 11, 2001, place into effect for usage the attached tariff and rate structure, including all the terms and conditions contained therein. This rate and tariff structure shall remain in effect until the City Council of the City of Lubbock authorizes amendment of such rate and tariff structure. The tariff and rate structure is attached hereto as Exhibit "A" and incorporated herein as though set forth fully herein. Passed by the City Council this 12th day of April , 2001. WINDY S4TNJ,MAYOR ATTEST: Rebecca Garza, CitySecret APPROVED AS TO CONTENT: I lvl'awa L_ Paul Thompson Director of Electric Utilities APPROVED AS TO FORM: Mat ew L. Wade, 6Assis�tantCity Attorney MEW L:\ccdocs\tariffresolution.doc April 5, 2001 Resolution No. 2001-R0103 Exhibit A GENERAL TERMS AND CONDITIONS OF THE TARIFF In order that all Customers may receive uniform, efficient, and adequate service, electric service will be supplied to and accepted by all Customers receiving service from the City in accordance with these Terms and Conditions. For purposes of this rate/tariff structure, "Customer" shall mean any person, firm, corporation or other legal entity receiving electric service from the City of Lubbock's municipally owned electric utility, Lubbock Power & Light. "City" shall mean the City of Lubbock, Texas, a home rule municipality. 1. Customer's Installation. Customer is responsible for installing and maintaining such protective devices as are recommended or required by the then current edition of the National Electrical Code or as may be necessary to protect Customer's equipment or process during abnormal service conditions or the failure of all or a part of the electric service provided by the Company. All wiring and other electrical equipment furnished by the Customer will be installed, operated, and maintained by the Customer at all times in conformity with good electrical practice and with the requirements of the constituted authorities and these Terms and Conditions. 2. Continuous Service. The City shall use reasonable diligence to provide continuous electric service but the City does not guarantee against irregularities, interruptions, or fluctuating wave form or frequency, it being understood that occasional irregularities, interruptions, and fluctuations are inevitable. The City shall not be liable for damages or injury, including but not limited to consequential or economic loss damages, occasioned by interruption, failure to commence delivery voltage, wave form or frequency fluctuation caused by an act of God or the public enemy, a breakdown of plant, lines or equipment, inevitable accidents, fire, explosion, strikes, riots, war, delay in receiving shipments of required materials, order of any court or judge granted in any bona fide adverse legal proceedings or action or any order by any commission or tribunal having jurisdiction; OR, WITHOUT LIMITATION BY THE PRECEDING ENUMERATION, ANY OTHER ACT OR THING DUE TO CAUSES BEYOND THE CITY'S CONTROL, TO THE NEGLIGENCE OF THE CITY, ITS EMPLOYEES, OR CONTRACTORS, except to the extent that the damages are occasioned by the gross negligence or willful misconduct of the City. 3. Intentional Interruption of Service. The City may, without notice and without liability to the Customer, interrupt service to the Customer when, in the City's sole judgment: a. Will prevent or alleviate an emergency threatening to disrupt the operation of the City's system; or b. Will lessen or remove possible danger to life or property; or C. Will aid in the restoration of electric service; or d. Is required to make necessary repairs to or changes in the City's facilities. The City may, in the event of a national emergency or local disaster resulting in disruption of normal service, in the public interest, interrupt service to the Customer to provide necessary service to civil defense or other emergency service agencies on a temporary basis until normal service to the agencies can be restored. 4. Disclaimer of Warranties. THE CITY MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO THE PROVISION OF ANY SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. Late Fees. All bills for electric service shall be due and payable twenty two (22) days after issuance. A penalty of five (5) percent shall be charged to any person, firm or organization that fails to pay his bill after twenty two (22) days from issuance. The five (5) percent late payment penalty shall apply to all classes of customers served. As used in this section, date of issuance shall mean the date in which a bill is placed in the United States Mail, properly addressed to the person, firm or institution. 6. Deposits. The City of Lubbock shall not require a deposit from any Customer of the City's electric system in order to obtain electric service. Any deposits previously collected by the City for electric service shall be refunded and/or credited to the depositor thereof within two (2) years of the enactment of this Tariff. Any deposits abandoned or left unclaimed shall be subject to Chapters 72 and 76 of the Texas Property Code or any other state law pertaining to abandoned or unclaimed property. 7. Right to Amend. This Tariff may be amended or modified by the City of Lubbock through a written instrument duly executed by the City Council of the City of Lubbock without further notice provided to the Customer, except as otherwise required by law. 8. Severability. If any portion of this Tariff is held unenforceable by a court of competent jurisdiction, the remainder of this Tariff shall not be affected and shall remain fully in force and enforceable. 9. Applicable Law. The laws of the State of Texas shall govern the validity, performance and enforcement of this Tariff and the venue for any legal proceedings shall be in Lubbock County, Texas. RESIDENTIAL SERVICE TARIFF NUMBERS 1.0, 1.1,1.2, 1.3 (Rate Numbers 1— 6) APPLICABLE: To residential customers for electric service used for domestic purposes in private residences and separately metered individual apartments. Single-phase motors not to exceed 10 horsepower, individual capacity, may be served under this rate. TERRITORY: Lubbock, Texas TERMS OF PAYMENT: 2% discount deducted from all residential bills if paid within 16 days after mailing date. An additional I% will be deducted from residential bills if these bills are paid by bank draft. 5% will be added to bills after 22 days. Tariff Number 1.0 = Rate 1 Service Availability Charge: $4.70 per month. All kWh per month @ 4.04 cents per kWh used during each summer month. All kWh per month @ 3.636 cents per kWh used during each winter month. ELECTRIC LIVING SERVICE Tariff Number 1.1 = Rate 2 Water Heating — When customer has, in regular use, a permanently installed 240 volt, 30 gallons or greater, storage type water heater of not greater than 5.5 kilowatts individual rated capacity, the first 500 kWh will be billed at the regular rate, the next 500 kWh at 1.67 cents per kWh, and all additional kWh at the regular rate. Tariff Number 1.2 = Rate 3 All -Electric Space Heating — When customer has, in regular use, permanently installed space heating equipment of an aggregate rated capacity of 3 kilowatts or more, excluding bathroom heaters, billing during the winter months will be first 500 kWh at the regular rate, and all additional kWh at 1.01 cent per kWh. Tariff Number 1.2 = Rate 4 Total Electric — When customer has water heating in combination with all -electric space heating, the first 500 kWh will be billed at the regular rate, the next 500 kWh at 1.67 cents per kWh and all additional kWh at 1.01 cent per kWh. Tariff Number 1.3 = Rate 5 Add-on Heat Pump — When customer has, in regular use, a permanently installed heat pump used as the primary heat source for the entire residence in conjunction with a gas or oil fired furnace for extreme cold weather back-up, billing during the winter months will be first 600 kWh at the regular rate and additional kWh at 1.01 cent per kWh. Tariff Number 1.3 = Rate 6 Add-on Heat Pump and Electric Water Heater — When customer has water heating in combination with the add on heat pump, the first 600 kWh will be billed at the regular rate, the next 500 kWh at 1.67 cents per kWh and all additional kWh at 1.01 cent per kWh. Lubbock Power and Light may measure the rated capacity of space heating equipment. WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVER FACTOR" as approved by the City Council of the City of Lubbock and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. AVERAGED BILLING PLAN: Upon request, any customer whose average monthly bill is $25.00 or more, may be billed monthly, based on his average bill (estimated if applicable). Customer having delinquent or disputed bills is not eligible for billing under this plan. CHARACTER OF SERVICE: A -C; 60 hertz; single-phase 120/240 volts; where available on secondary, three-phase 240 volts. EFFECTIVE DATE: June 11, 2001. VACANT SERVICE TARIFF NUMBER 1.4 (Rate Number 7) APPLICABLE: To residential customers for electric service used for domestic purposes in private residences and separately metered individual apartments. Single-phase motors not to exceed 10 horsepower, individual capacity, may be served under this rate. TERRITORY: Lubbock, Texas TERMS OF PAYMENT: 2% discount deducted from all residential bills if paid within 16 days after mailing date. An additional 1 % will be deducted from residential bills if these bills are paid by bank draft. 5% added to bill after 22 days. First 250 kWh per month @ 5.90 cents per kWh used during each summer month. All Additional kWh used per month @ 4.80 cents per kWh during each summer month. First 250 kWh per month @ 3.636 cents per kWh used during each winter month. All Additional kWh used per month @ 4.30 cents per kWh during each winter month. WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVER FACTOR" as approved by the City Council of the City of Lubbock and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: A -C; 60 hertz; single-phase 120/240 volts; where available on secondary, three-phase 240 volts. EFFECTIVE DATE: June 11, 2001. GENERAL SERVICE TARIFF 2.0 (Rate 10) APPLICABLE: To all commercial and industrial electric service where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. Space heating service will be furnished in conjunction with the standard Heating Rider. Not applicable to temporary, breakdown, standby, supplementary, or to service for which a specific rate schedule is provided. TERRITORY: Lubbock, Texas RATE: Service availability charge $10.10 per month DEMAND CHARGE: $8.00 per kW for all kW per month in excess of 10 kW for each summer month $7.00 per kW for all kW per month in excess of 10 kW for each winter month ENERGY: 5.15 cents per kWh for the first 1,000 kWh per month for each summer month 4.65 cents per kWh for the first 1,000 kWh per month for each winter month 2.53 cents per kWh for the next 6,000 kWh per month 1.01 cents per kWh for all additional kWh per month TERMS OF PAYMENT: 5% added to bill after 22 days. DEMAND: Lubbock Power and Light will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30 -minute period of greatest use during the month. The demand for billing purposes shall not be less than 50% of the highest demand established during the preceding eleven months. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: A -C; 60 hertz; single or three-phase; at one available standard voltage. SUMMER MONTHS: The billing months of June through September. WINTER MOHTHS: The billing moths of October through May. EFFECTIVE DATE: June 11, 2001. IRRIGATION POWER SERVICE TARIFF 2.1 (Rate 11) APPLICABLE: Under contract to irrigation power customers when the connected motor load is not less than 5 hp. TERRITORY: Lubbock, Texas RATE: Service availability charge $12.50 per month All kWh used per month @ 4.00 cents per kWh. TERMS OF PAYMENT: 5% added to bill after 22 days. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: A -C; 60 hertz; three-phase; at one available standard voltage. EFFECTIVE DATE: June, 112001 OIL WELL PUMPING SERVICE TARIFF NUMBER 2.2 (Rate 12) APPLICABLE: Under contract, to power customers for oil well pumping including incidental lighting and small power loads required by customer in lease operations. All locations in one field may be combined and billed together. Not applicable to temporary, breakdown, standby, supplementary, resale, or shared service. TERRITORY: Lubbock, Texas RATE: Service Availability Charge: $9.75 per meter per month. 2.34 cents per kWh for all kWh used per month. TERMS OF PAYMENT: 5% Added to bill after 22 days. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: POWER FACTOR: A -C; 60 hertz; single or three-phase; at Lubbock Power and Light's available standard voltage. The customer agrees to maintain an average power factor of at least 80 percent. EFFECTIVE DATE: June 11, 2001. COTTON GIN SERVICE TARIFF NUMBER 2.3 (Rate 13) APPLICABLE: Under contract, for all electric energy used for the operation of cotton gins and de -linters, whether partially or completely electrified. Cotton gins are not to be served under any rate schedule not specifically designated for such service. Not applicable to temporary, breakdown, standby, or supplementary service. TERRITORY: Lubbock, Texas RATE: Service Availability Charge $20.60 per month. DEMAND CHARGE: $6.00 per kW for all kW per month in excess of 10 kW ENERGY CHARGE: First 1,000 kWh used per month @ 4.65 cents per kWh All additional kWh used per month @ 1.95 cents per kWh TERMS OF PAYMENT: 5% added to bill after 22 days. DEMAND: Lubbock Power and Light will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30 -minute period of greatest use during the month. The demand for billing purposes shall not be less than 25% of the highest demand established during the preceding eleven months. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: A -C; 60 hertz; single or three-phase; at one available standard voltage. EFFECTIVE DATE: June 11, 2001. INDUSTRIAL FEED MILL AND ELEVATOR SERVICE TARIFF NUMBER 2.4 (Rate 14) APPLICABLE: Under contract, to all electric energy used for the operation of industrial feed mills and grain elevators with usage primarily during non -summer months. All industrial feed mill and elevator customers are to be served under this rate schedule, except that customers having a measured demand of 200 kW, or greater, may be served under the large general service rate. Not applicable to temporary, breakdown, standby, or supplementary service. TERRITORY: Lubbock, Texas RATE: Service Availability Charge $15.80 per month. DEMAND CHARGE: $3.00 per kW for all kW per month in excess of 10 kW ENERGY CHARGE: First- 4,000 kWh used per month @ 4.60 cents per kWh Next- 7,000 kWh used per month @ 2.00 cents per kWh All additional kWh used per month @ 1.25 cents per kWh TERMS OF PAYMENT: 5% added to bill after 22 days. DEMAND: Lubbock Power and Light will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30 -minute period of greatest use during the month. The demand for billing purposes shall not be less than 50% of the highest demand established during the preceding eleven months. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: A -C; 60 hertz; single or three-phase; at one available standard voltage. EFFECTIVE DATE: June 11, 2001. PUBLIC AND PAROCHIAL SCHOOL SERVICE TARIFF NUMBER 2.5 (Rate 15) APPLICABLE: To public and separately metered parochial schools for lighting and power service. All metering locations for each customer shall be combined for billing purposes. TERRITORY: Lubbock, Texas RATE: First- 10,000 kWh used per month @ 4.24 cents per kWh Next - 20,000 kWh used per month @ 3.94 cents per kWh Next - 30,000 kWh used per month @ 3.64 cents per kWh Additional kWh used per month @ 3.23 cents per kWh FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." EFFECTIVE DATE: June 11, 2001. GUARD LIGHT SERVICE TARIFF NUMBER 2.6 APPLICABLE: Under contract to all night outdoor lighting service where facilities to adequate capacity and suitable voltage are adjacent to the premises to be served. TERRITORY: Lubbock, Texas RATE: Each 15,000 -lumen high-pressure sodium, wood pole, and overhead bracket type light for $8.60 per month. Each 9,500 lumen high pressure sodium, wood pole, overhead bracket type light for $7.00 per month. Each 7,000 -lumen mercury vapor, wood pole, overhead bracket type light for $7.00 per month. One run of secondary line not exceeding 150 feet in length may be furnished under the above rate. TERMS OF PAYMENT: 5% added to bill after 22 days. DETERMINATION OF ENERGY USED: 15,000 Lumen HPS lamp uses 56 kWh per month. 9,500 lumen HPS used 38 kWh per month. 7,000 lumen MV lamp uses 67 kWh per month. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CONDITIONS OF SERVICE: Lubbock Power and Light will construct, own, operate, and maintain on the customer's premises the required number of overhead lights, mounted on a metal bracket, photo -electrically controlled, installed on Lubbock Power and Light's service poles, a separate 30 foot pole, or installed on any suitable mounting device belonging to the customer and having a secondary line length not exceeding 150 feet. Lights will not be installed on any mounting device, which in the opinion of Lubbock Power and Light, is unsafe or not suitable for this purpose. CHARACTER OF SERVICE: A -C; 60 hertz; single phase; 120 volts. EFFECTIVE DATE: June 11, 2001. HEATING RIDER TARIFF NUMBER 2.8 (Rate 20) APPLICABLE: To customers qualifying for service under Lubbock Power and Light's General Service rate and having electric heating service as defined below. TERRITORY: Lubbock, Texas ELECTRIC HEATING SERVICE: When customer has in regular use permanently installed space heating or heat pump equipment, including hot water systems, of an aggregate rated capacity of 5 kilowatts or more. Billing during summer months will be at Lubbock Power and Light's General Service rate. RATE: Service availability charge $10.10 per month DEMAND CHARGE: $6.40 per kW for all kW per month in excess of 10 kW for each winter month ENERGY: 4.00 cents per kWh for the first 1,000 kWh per month for each winter month 2.50 cents per kWh for the next 6,000 kWh per month 1.00 cents per kWh for all additional kWh per month WINTER MONTHS: The billing months of October through May. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT TERMS OF PAYMENT Same as General Service rate. Same as General Service rate. CHARACTER OF SERVICE: A -C; 60 hertz; at one available standard voltage of 240 volts or greater. EFFECTIVE DATE: June 11, 2001. GENERAL RELIGIOUS SERVICE TARIFF NUMBER 2.9 (Rate 19) APPLICABLE: To service provided exclusively to the primary structure used for worship services of any church or religious association. This service will not be available to churches or other religious associations for any structure except the structure described above. TERRITORY: Not applicable to temporary breakdown, standby, supplementary, or to service for which a specific rate schedule is provided. Lubbock, Texas RATE: Service Availability Charge $7.00 per month First 1,000 kWh per month @ 4.00 cents per kWh Next 3,000 kWh per month @ 2.50 cents per kWh Next 7,000 kWh per month @ 2.40 cents per kWh All additional kWh per month @ 1.50 cents per kWh TERMS OF PAYMENT: 5% added bill after 22 days. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light `FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under the schedule may be increased by an amount equal to the sum of the taxes payable under federal, state, and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state, and federal income taxes) payable by the utility services rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: A -C; 60 hertz; single or three-phase; at one available standard voltage. EFFECTIVE DATE: June 11, 2001. LARGE GENERAL SERVICE TARIFF NUMBER 3.0 (Rate 16) APPLICABLE: To all commercial and industrial electric service supplied where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. TERRITORY: RATE: TERMS OF PAYMENT DETERMINATION OF DEMAND: Not applicable to temporary, breakdown, standby, or supplementary service. Lubbock, Texas Demand Charge Energy Charge: $1,815.00 for the first 200 kW, or less of demand per month. $9.00 per kW for all additional kW of demand per month. 0.59 cents per kWh for the first 100,000 kWh used per month. 0.35 cents per kWh for the next 150,000 kWh used per month. 0.34 cents per kWh for all additional kWh used per month. 5% added to bill after 22 days. Lubbock Power and Light will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30 -minute period of greatest use during the month. The demand for billing purposes shall not be less than 60% of the highest demand established during the preceding eleven months. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: Three-phase, 60 hertz, supplied to the entire premises at one standard voltage less than 12,000 volts. EFFECTIVE DATE: June 11, 2001. LARGE GENERAL SERVICE -PRIMARY TARIFF NUMBER 3.1 (Rate 16P) APPLICABLE: To all commercial and industrial electric service supplied where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. TERRITORY: RATE: TERMS OF PAYMENT: DETERMINATION Not applicable to temporary, breakdown, standby, or supplementary service. Lubbock, Texas Demand Charge: Energy Charge: $1,760.00 for the first 200 kW, or less of demand per month. $8.74 per kW for all additional kW of demand per month. 0.5723 cents per kWh for the first 100,000 kWh used per month. 0.3395 cents per kWh for the next 150,000 kWh used per month. 0.3298 cents per kWh for all additional kWh used per month. 5% added to bill after 22 days. OF DEMAND: Lubbock Power and Light will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30 -minute period of greatest use during the month. The demand for billing purposes shall not be less than 60% of the highest demand established during the preceding eleven months. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: Three-phase, 60 hertz, supplied to the entire premises at one standard voltage more than 12,000 volts and less than 69,000 volts. EFFECTIVE DATE: June 11, 2001. LARGE GENERAL SERVICE —TRANSMISSION TARIFF NUMBER 3.2 (Rate 16T) APPLICABLE: Under contract, to all commercial and industrial electric service supplied at one point of delivery, and measured through one kilowatt hour meter, where facilities of adequate capacity and suitable voltage of 69.0 kV or higher are adjacent to the premises to be served. Not applicable to temporary, breakdown, standby, supplementary, resale or shared service. TERRITORY: Lubbock, Texas RATE: Demand Charge: $46,953.00 for the first 7,500 kW, or less of demand per month. $6.18 per kW for all additional kW of demand per month. Energy Charge: 0.253 cents per kWh for all kWh used per month. TERMS OF PAYMENT: 5% added to bill after 22 days. DETERMINATION OF DEMAND: Lubbock Power and Light will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30 -minute period of greatest use during the month. The demand for billing purposes shall not be less than 70% of the highest demand established during the preceding eleven months. LOSS ADJUSTMENT: When metering is installed on the low -side voltage of less than 69 kV the kilowatt-hours metered shall be increased for billing to include kilowatt hour losses to the point of service. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege or rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: Three-phase, 60 hertz, supplied to the entire premises at approximately 69,000 volts or above. EFFECTIVE DATE: June 11, 2001. EXPERIMENTAL INDUSTRIAL INTERRUPTIBLE RATE RIDER TARIFF NUMBER 3.3 AVAILABILITY: Service under this Rider is available at the sole discretion of LP&L and only when LP&L has available capacity in excess of the firm system requirement and if such service will not in any way impair LP&L's ability to serve the requirements of its firm retail customers. This Rider is available under contract to customers having a total interruptible demand of at least 1,000 kW during June, July, August and September and whose facilities are equipped with appropriate telemetering and control equipment to permit Customer to comply with, or LP&L to implement curtailment requests. MONTHLY RATE Customer Charge: If taken in addition to firm service If not taken in addition Demand Charge (per kW of Interruptible Demand): Instantaneous - Two-hour notice Energy Charge: per kWh used per month Service under this Rider is available when taken in conjunction with firm service under the large general service rate schedules. Supplementary Power Service under this Rider is available to Qfs and other power production facilities under specific contracts on a case-by-case basis. Service Voltage *Distribution 69kV 115 kV and above $50 $50 $50 $200 $639 $639 $6.55 $3.55 $3.40 $4.43 $4.28 $.0031 $.0025 $.0025 *The primary service discount that is applicable to the tariff to which this rider is appended is also applicable to the distribution level service. DEFINITIONS: Instantaneous interruptible service is service that can be interrupted without notice by means of under frequency relays when the system frequency declines to 59.6 hertz or through telemetering and control equipment at the control and discretion of LP&L. DETERMINATION OF DEMAND AND ENERGY: Noticed interruptible service is interruptible load that shall be interrupted by the Customer or LP&L upon expiration of two hours (120 minutes) after notice was transmitted to the Customer that an Interruption will occur. To be determined in accordance with the tariff to which this rider is appended. In the event that both firm and interruptible service are measured through the same electric meter, then the firm demand shall be established by Agreement and the interruptible demand shall be the remainder of the measured demand. The firm demand so established may be modified by the customer, subject to review and approval by LP&L, to reflect changes in the customer's firm load due to normal load growth or load reductions. When this Rider is attached to the large general service - transmission tariff, the total billing demand shall be the sum of the interruptible demand and the firm demand, or 7,500 KW, whichever is greater. In the event the sum of the interruptible demand and firm demand is less than 7,500 KW, the minimum demand charge shall be calculated as follows: 7,500 KW shall be prorated to the firm and interruptible demands. Such prorated demands shall be billed according to the appropriate firm and interruptible demand charges, plus $589 for the firm demand customer charge plus $50 for the interruptible service. When this Rider is attached to the large general service - distribution tariff, the energy served hereunder will be divided between interruptible service and firm service utilizing the ratio each demand of firm demand and interruptible demand is to the total demand. The demand recorded for the 12 -hour period following restoration of service subsequent to interruptions provided for under this Rider shall not be used in the calculation of total billing demand. LIMITATIONS ON INTERRUPTIONS: Interruptions under this Rider are limited as follows: Daily Limit: No more than two curtailments per calendar day of up to a total of 12 hours, measured from midnight to midnight except In system emergencies, as described below. Annual Limit: No more than 200 hours in any calendar year. Interruptions lasting for any fraction of an hour shall be credited for one full hour toward the annual limit. LP&L reserves the right to perform test interruptions, in which the duration of the interruption will not exceed one hour. In the event that either customer has failed to comply with previous interruptions or actual interruptions have not occurred in the prior 12 months which includes the current billing month, LP&L reserves the right to perform test interruptions, in which the duration of the interruption will not exceed one hour. Interruption time is measured from the time Customer's load is interrupted to the lesser of, (a) LP&L restores service to the load, or (b) LP&L's facilities are capable of restoring service to the load whether or not Customers facilities are capable of receiving service, or (c) LP&L has given permission to Customer to restore service to its load, whichever is less. During system emergencies or when LP&L has made public pleas to restrict electric energy usage to essential needs because of an area or power pool shortage of electric power and/or energy, interruptible loads served under this Rider may be interrupted continuously without daily limit until such emergency condition has ended. The only interruptions credited toward interruption time limits are those implemented by Customer at the request of LP&L or those initiated by activation of control equipment by LP&L, and those resulting from the operation of under frequency relays installed in connection with instantaneous interruptible service. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TERMS OF PAYMENT: 5 percent added to bill after 22 days. If the twenty-second day falls on a holiday or weekend, the due date will be the next workday. GENERAL CONDITIONS: Customer understands that failure to interrupt service when requested threatens the reliability of service to other customers. LP&L may make intentional interruptions, up to the Annual Limit at any time and from time to time, at LP&L's sole discretion. LP&L will attempt to provide as much prior notice as possible prior to interruptions. Intentional interruptions may be made at any time, in the judgment of LP&L, when demands for electricity exceeds or are expected to be likely to exceed LP&L's available electric supply for whatever reasons including, but not limited to, breakdown of generating units, transmission equipment or other critical facilities; short or long-term shortages of fuel or generation, transmission, and other facilities; and requirement or orders of governmental agencies. CONDITIONS OF SERVICE: Customer desiring instantaneous interruptible service is required to install, own, operate and maintain necessary monitoring devices and interruption -control equipment including protective devices, on Customer's side of the point of delivery, as reasonably specified by LP&L. In addition, LP&L shall install interruption -control equipment on LP&L's side of point of delivery as reasonably determined necessary by LP&L to interrupt the interruptible load. All interruption -control equipment shall be under the exclusive control of LP&L, and the installation and maintenance of such facilities shall be at the expense of Customer. Interruption -control equipment consists of but is not limited to, under -frequency relays, switch gear, remote control and communications equipment including a communications path, timers, trip counters, and/or other devices as specified by LP&L. Remote control and communications equipment includes equipment necessary to provide instantaneous load information to LP&L's designated system operating centers. Operation of the equipment will remain under the control of LP&L and LP&L reserves the right to inspect and test all interruption -control equipment and may review Customers' maintenance records. Customer desiring noticed interruptible service is required to install, own, operate and maintain communication equipment as reasonably specified by LP&L to permit timely notification of impending and actual curtailments. At any time when Noticed Interruption is requested, if Customer fails to reduce his load to zero, or in the event that this Rider is attached to the large general service tariffs and Customer falls to reduce his load to the Firm demand established by Agreement, LP&L, may, at its sole discretion, discontinue delivery of any or all power to Customer. NON-COMPLIANCE PENALTY: The Demand Penalty Charge for non-compliance with the requested interruption of service under this tariff is 150% of the difference between the demand charge per KW of interruptible demand and the demand charge per KW for firm demand for the portion of interruptible load that Customer failed to interrupt but in no event shall the total of the Demand Penalty Charge and rider demand charge exceed what Customer's cost would have been if all the contracted interruptible load had been taken at firm demand during the period the penalty is applied to. For the first occurrence of non-compliance: In the month of noncompliance, Customer is billed the Demand Penalty Charge in addition to the Rider Demand charge. For the second occurrence of non-compliance: In the month of noncompliance, Customer is billed the Demand Penalty charge in addition to the Rider Demand charge. In addition, Customer is billed the Demand Penalty charge for each of the last 12 months or each month back to the previous request for interruption, whichever is less. For the third occurrence of non-compliance: In the month of noncompliance, Customer is billed the Demand Penalty charge in addition to the Rider Demand charge. In addition, Customer is billed the Demand Penalty charge for each month back to the previous request for Interruption, plus the Demand Penalty charge for each month prior to the first occurrence of noncompliance back to the previous request for interruption or 12 months, whichever is less. After the third occurrence of non-compliance, Customer is billed on the rate schedule for firm power for the remainder of the contract. A Customer who has experienced a second occurrence of non- compliance and later successfully complies with three consecutive requests for Interruption (including any test interruptions measuring the amounts of interruptible load disconnected on request) will be forgiven one prior non-compliance occurrence. The first occurrence of non-compliance after such forgiveness will be considered a second occurrence of non-compliance for determining the level of penalty applicable. The penalties provided above shall not apply to a test interruption if, within a reasonable time not to exceed ten days, Customer determines the reason for the non-compliance and verifies to LP&L that steps necessary to ensure future compliance have been taken. In the first 12 months of service under this Rider to Customer, LP&L will not enforce the provisions of this non-compliance section if, on each occasion of interruption, Customer demonstrates the following: For Customers with firm and interruptible service measured through the same meter. Upon interruption, Customer's measured total load is not greater than 110% of the contracted firm demand. For Customers with only interruptible service measured through a single meter: upon interruption, Customer's measured interruptible load is not greater than 10% of the highest demand established since service commenced under this rider. Notwithstanding, the non-compliance provisions above, if it is determined at any time that the Customer has tampered with any communication equipment or breakers or has bypassed or altered the devices intended to interrupt the load on request then Customer will be immediately billed on the rate schedule for firm power for the period since the last request for interruption with which customer complied or for the 24 -month period just prior to such determination, whichever period is less. CONTRACT TERM: This Rider is being offered on an experimental basis. An agreement for service will be required for an initial term of 4 years when service is first rendered under this Rider and shall continue thereafter until canceled according to the terms of this Rider. Within the first year of service under this Rider, Customer may elect to have all, or portions of, his interruptible demand converted to Firm demand and upon 6 months written notice to LP&L, subject to the availability of new firm power service. After 1 year of service under this Rider, Customer may elect to have all, or portions of, his interruptible demand converted to Firm demand, upon 2 years written notice to LP&L, or sooner if conversion is mutually agreeable, subject to the availability of new firm power service. Interruptible service under this Rider may be reduced or canceled by Customer at any time by providing LP&L written notice of cancellation not less than 6 months prior to date of cancellation. Upon conversion of loads or upon cancellation of interruptible service under this Rider, Customer may not increase his remaining interruptible demand, or initiate new service under this Rider, for a period of 12 months following such conversion or cancellation and then only subject to the availability of new interruptible service. LOAD LIMIT RESERVATIONS: The maximum total load available under this Experimental Industrial Interruptible Rate Rider is limited to 75 MW to be split between the instantaneous and two-hour notice interruptible service, with each type of service limited to a maximum load of 50 MW. LP&L, in its sole discretion, may expand the load an additional 5 MW beyond the 75 MW load limit to make it feasible for a customer to participate where the allocation has reduced the customers allotment below a necessary unit amount. Any additional expansion of the Experimental Industrial Interruptible load would require City Council approval. LP&L will accept request for service under the Experimental Industrial Interruptible Rate Rider the first 90 days following approval of the service by the Lubbock City Council. If the service requested by an qualifying customers during this period exceeds either the total maximum load of 75 MW or the 50 MW maximum load for either instantaneous or two-hour service, the service shall be allocated among the customers requesting the service or type of serve oversubscribed on the following basis: I = Sum of all customers' nominated Instantaneous Interruptible Loads (in kW) N = Sum of all Customers' nominated 2 -Hour Notice Interruptible Loads (In kW) IP = Prorata allocation of all customers' Instantaneous Interruptible Loads (in kW) IF = Instantaneous Proration Factor NP = Prorata allocation to all customers' 2 -Hour Notice Interruptible Loads (In kW) NF = Noticed Prorata Factor IN = Individual customer's nominated Instantaneous Interruptible Load (In kW) NN = Individual customer's nominated 2 -Hour Notice Interruptible Load (in kW) Instantaneous If (I+N)>75,000 and N<2*I, then IP=(75,000/(I=N))*I; Else IP=75,000-(NP*NF) If IP>50,000, then IF=(50,000/IP); Else If = 1.0 Individual customer's allocated Instantaneous Interruptible Load (in kW)=IF*IN Two -Hour Notice If (I+N)> 75,000 and I<2*N, then NP + (75,000/(I+N))*N; Else NP+75,000 - (IP* IF) If NP>50,000, then NF=(50,000/IP); Else NF=1.0 Individual Customer's allocated 2 -Hour Notice Interruptible Load (in kW)=NF*NN After the initial 90 -day period following approval of the service by the Lubbock City Council, requesting customer that qualify for this service will be served on a first come - first served basis up to the 50 MW maximum per type of service and total maximum of 75 MW or the discretionary expanded total for the experiment. EFFECTIVE DATE: June 11, 2001. EXPERIMENTAL OFF-PEAK SCHEDULED INTERRUPTIBLE SERVICE TARIFF 3.4 APPLICABLE: To transmission voltage level customers in Lubbock under contract where facilities of adequate capacity and suitable voltage of 69 kV or higher are adjacent to the premises to be served. This Rate is available to customers having scheduled interruptible capacity of 4,000 kW or more. MONTHLY RATE: Not applicable to temporary, breakdown, standby, supplementary, resale or shared service. Customer Charge: If taken in addition to firm service $50 If not taken in addition to firm service $639 Energy Charge: $.01 per kWh for all kWh used per month under this Rate Schedule. CONTRACT PERIOD: The minimum contract period shall be for four years. MINIMUM CHARGE: Customer's base rate charges in a calendar year shall not be less than the above rate times the contract scheduled demand times 1,750 hours. CHARACTER OF SERVICE: Three-phase; 60 hertz; nominally 69 kV or above. LINE EXTENSIONS: All costs of equipment, supplies, and labor related to the installation of facilities necessary to make service available from existing facilities shall be paid by the customer in advance. No transformation will be made by LP&L at the point of service. LOSS ADJUSTMENT: The meter readings used for billing shall be increased to include all transformation losses when metering is installed on the secondary side of less than 69 kV of any voltage transformation made on the customer's side of the point of service. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." TERMS OF PAYMENT: 5 percent added to bill after 22 days. If the twenty-second day falls on a holiday or weekend, the due date will be the next workday. DETERMINATION OF DEMAND: In the event that both firm and scheduled service are measured through the same electric meter, then the firm demand shall be established by Agreement and the Scheduled Demand shall be the difference between the firm demand and the total demand as determined from LP&L's demand meter for the 30 -minute period of customer's greatest kW use during the month. DETERMINATION OF ENERGY: The energy served hereunder will be divided between interruptible service and firm service utilizing the ratio each demand of firm demand and interruptible demand is to the total demand. SPECIAL CONDITIONS: Customer shall be capable of scheduling its electric consumption only during off-peak hours in the months of June, July, and August and the first two weeks of September (the "Summer Peak Season"). Peak includes the hours from 12:00 noon to 10:00 p.m. on weekdays and Saturdays, exclusive of City holidays (Fourth of July holiday and Labor Day holiday). Off-peak hours shall include all hours of the week not defined as peak hours. Customer shall not schedule consumption under this rider during Summer Peak Season peak hours (the "restricted peak hours") unless Customer has received permission from LP&L's System Control Offices that operation during peak hours is acceptable (`unrestricted peak hours"). LP&L may, at its sole discretion, require Customer to install interruptible devices on Customer's consuming facilities to ensure that Customer's loads are off during restricted peak extension facilities. LP&L may activate the interrupting devices during the restricted peak hour periods or for any electrical emergency throughout the entire year. LP&L may also, at its sole discretion, require Customer to install under -frequency relays as apart of Customer's associated line extension facilities. BUY -THROUGH PROVISION: In the event LP&L has not granted permission for Customer to schedule consumption during peak hours, customers may purchase power and energy during restricted peak hours. However, in any year that Customer elects to buy through restricted peak hours, Customer's total consumption for that calendar year shall be billed solely in accordance with the applicable large general service rate sheet. NON-COMPLIANCE PENALTY: It is determined at any time by LP&L that Customer is not in timely compliance with the provisions of this rate, Customer will be immediately billed on the rate schedule for firm power for the period since service was commenced under this rate. EFFECTIVE DATE: June 11, 2001. MUNICIPAL LIGHTING AND POWER SERVICE TARIFF NUMBER 4.0 (Rate 17) APPLICABLE: To municipal general lighting and power service except for street lighting service. All metering locations for each customer shall be combined for billing purposes. RATE: All kWh used per month @ 2.93 8 cents per kWh. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." EFFECTIVE DATE: June 11, 2001. STREET LIGHTING SERVICE TARIFF NUMBER 4.1 (Rate 18) APPLICABLE: To municipal street lighting service. TERRITORY: Lubbock, Texas RATE: All kWh used per month @ 3.25 cents per kWh. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the fuel factor per kilowatt hour as provided in the current Lubbock Power and Light "FUEL COST RECOVERY FACTOR" as approved by the City Council of the City of Lubbock, and attached to the Rate Schedule as Addendum "A." EFFECTIVE DATE: June 11, 2001. Resolution No. 2001-RO103 ADDENDUM "A" FUEL/POWER COST RECOVERY FACTOR (FCA) I. Primary Distribution Fuel/Power Cost Recovery Factor The Primary Distribution Fuel/Power Cost Recovery Factor shall be billed at a rate of 0.98744 times the Secondary FCA (see Section II below), applied per kilowatt hour and shall apply when service is metered at greater than or equal to 12 kV and less than 69 kV. II. Secondary Distribution Fuel/Power Cost Recovery Factor The Secondary Distribution Fuel/Power Cost Recovery Factor will be determined in accordance with the following formula: The sum of the total fuel costs (inclusive of all costs incurred by LP&L in procuring fuel) used for the month in LP&L's power plants. Plus, the total of all power purchased for the month by LP&L. Plus/Minus any adjustment for under/over collection of the fuel/power cost recovery factor from previous months (see below). The adjustment for under or over collection of the fuel/power cost recovery factor will be amortized over a twelve month period from the date in which the under or over collection occurred. Subject to the limitations set forth in this paragraph, the City Manager or, if designated by the City Manager, the Director of Electric Utilities, shall determine the adjustment for each given month. However, in no event shall the adjustment be less than 8.34% of the total under or over collection for any particular month. The sum of all these amounts will be divided by the estimated electric sales for the current month to determine the Fuel/Power Cost Recovery Factor, or in summary: Secondary FCA = (Gas Cost + Purchased Power Cost +/- over/under adjustments)/kWh sales. The secondary factors shall be billed per kWh and shall apply when service is metered at less than 12 kV. III. Transmission Fuel/Power Cost Recovery Factor The Transmission Fuel/Power Cost Recovery Factor shall be billed at a rate of 0.941347 times the Secondary FCA, applied per kilowatt-hour and shall apply when service is metered at greater than or equal to 69 W.