CHAPTER 1: DEFINITIONS

The following definitions apply to the Access Tariff of a Municipally Owned Utility or Electric Cooperative and to any Access Agreements made pursuant to the Access Tariff, unless specifically defined otherwise therein.

ACCESS.  The ability of a Competitive Retailer to deliver electric energy to Retail Customers at the Point of Supply.

ACCESS AGREEMENT.  The Access Agreement set forth in this Access Tariff that must be executed by Nueces Electric Cooperative and Competitive Retailer before the Competitive Retailer can deliver Electric Power and Energy to Nueces Electric Cooperative's Delivery System and provide Electric Power and Energy to Retail Customers connected to  Nueces Electric Cooperative's Delivery System.

Access Tariff.  The document filed with and approved, except for Chapters 2 and 5, by the PUC pursuant to which  Nueces Electric Cooperative provides Access to Competitive Retailers.  It is comprised of Rate Schedules, Access rules and regulations.  The Access rules and regulations include definitions, terms and conditions, policies, and Access Agreements.

APPLICABLE LEGAL AUTHORITIES.  A Texas or federal law, rule, regulation or ruling of the Commission or any other regulatory authority having jurisdiction, an order of a court of competent jurisdiction, or a rule, regulation, ruling, procedure of ERCOT, the Independent Organization, or any entity authorized by the Independent Organization to perform registration or settlement functions.

Banking Holiday.  Any day on which the bank designated by Nueces Electric Cooperative as the repository for payment of funds due to Nueces Electric Cooperative under this Access Tariff is not open for business.

Business Day.  Any day on which  Nueces Electric Cooperative's corporate offices are open for business and that is not a Banking Holiday.

CENTRAL PREVAILING TIME.  As established by national time standards, either Central Standard Time or Central Day-Light time.

CODES.  Federal, state or local laws, or other rules or regulations governing electrical installations.

COMMISSION, PUC or PUCT.  The Public Utility Commission of Texas.

COMPETITIVE RETAILER.  A Retail Electric Provider, POLR or a Municipally Owned Utility or Electric Cooperative that offers customer choice in the restructured competitive electric power market, and is selling Electric Power and Energy or any other entity authorized to provide Electric Power and Energy in Texas.

CONSTRUCTION SERVICE.  Services related to the construction, extension, installation, modification, repair, upgrade, conversion, relocation, or removal of Nueces Electric Cooperative facilities including temporary facilities.

DELIVERY.  The movement of Electric Power and Energy through Nueces Electric Cooperative's electric lines and other equipment, including transformers, from the Point of Supply to the Point of Delivery.

Delivery Service.  A service performed by Nueces Electric Cooperative for Retail Customers to effect the Delivery of Electric Power and Energy from the Point of Supply where it enters the Delivery System of Nueces Electric Cooperative and is delivered to the Retail Customer to the Point of Delivery.

DELIVERY SERVICE TARIFF.  A document promulgated by Nueces Electric Cooperative describing the rates, terms and conditions of Delivery Service to Retail Customers.

DELIVERY SYSTEM.  Nueces Electric Cooperative's electric lines, Meters and other equipment, including transformers used in the Delivery of Electric Power and Energy.

DEMAND.  The rate at which electric energy is used at any instant or averaged over any designated period of time and which is measured KW or KVA.

DISCRETIONARY SERVICES.  Customer specific services.

ELECTRIC COOPERATIVE.  An electric cooperative as defined in PURA §11.003(9).

ELECTRIC POWER AND ENERGY.  The KWH, the rate of delivery of KWH, and ancillary services related to KWH that a Competitive Retailer provides to Retail Customers

ELECTRIC SERVICE IDENTIFIER or ESI ID.  The basic identifier assigned to each Point of Delivery used in the registration system and settlement system managed by ERCOT or another Independent Organization.

ERCOT.  The Electric Reliability Council of Texas, Inc.

GOOD UTILITY PRACTICE.  This term will have the meaning ascribed thereto in P.U.C. Subst. R. 25.5, Definitions, or its successor.

INDEPENDENT ORGANIZATION or IO.  The organization authorized to perform the functions prescribed by PURA §39.151.

Kilovolt Amperes or KVA.  1000 volt‑amperes.

KILOWATT or KW.  1000 watts.

KILOWATT‑HOUR or KWH.  1000 watt‑hours.

METER or METERING EQUIPMENT.  A device, or devices, together with any required auxiliary equipment, for measuring the amount of Electric Power and Energy delivered.

METER READING or METER READ.  The process whereby  Nueces Electric Cooperative determines the information recorded by Metering Equipment.  Such reading may be obtained manually, through telemetry, or by estimation, in accordance with the procedures and practices of Nueces Electric Cooperative.

MUNICIPALLY OWNED UTILITY.  A utility owned, operated and controlled by a municipality or by a nonprofit corporation, the directors of which are appointed by one or more municipalities, as defined in PURA §11.003(11).

POINT OF DELIVERY.  As determined by Nueces Electric Cooperative, the point where the Electric Power and Energy leaves  Nueces Electric Cooperative's Delivery System and is delivered to a customer.

Point of Supply.  The point where the Electric Power and Energy enters  Nueces Electric Cooperative’s Delivery System.

PREMISES.  A tract of land or real estate or related commonly used tracts, including buildings and other appurtenances thereon.

PROVIDER OF LAST RESORT or POLR.  A REP certified in Texas that has been designated by the commission to provide a basic, standard retail service package to requesting or default customers or an entity selected by a municipally owned utility or electric cooperative to act as a provider of last resort.

PURA.  Public Utility Regulatory Act.

REGISTRATION AGENT.  Entity designated by the Commission to administer settlement and premise data and other processes concerning a Retail Customer's choice of a Competitive Retailer in the competitive retail electric market in Texas.

RETAIL CUSTOMER.  An end-use customer who purchases Electric Power and Energy and ultimately consumes it.  Whenever used in the context of Construction Services, the term Retail Customer also includes property owners, builders, developers, contractors, governmental entities, or any other organization, entity or individual that is not a Competitive Retailer making a request for such services to  Nueces Electric Cooperative.

RETAIL CUSTOMER'S ELECTRICAL INSTALLATION.  All conductors, equipment, or apparatus of any kind on Retail Customer's side of the Point of Delivery, except Nueces Electric Cooperative's Metering Equipment, used by or on behalf of Retail Customer in taking and consuming Electric Power and Energy delivered by Nueces Electric Cooperative.

RETAIL ELECTRIC PROVIDER or REP.  As defined in PURA §31.002(17), a person, certificated pursuant to PURA §39.352, that sells Electric Power and Energy to Retail Customers.

SET.  A Standard Electronic Transaction as defined by the protocols adopted by the Commission or the Independent Organization.

TAMPER OR TAMPERING.  Any unauthorized alteration, manipulation, change, modification, or diversion of Nueces Electric Cooperative's facilities, including Metering Equipment.  Tampering includes, but is not limited to, harming or defacing Nueces Electric Cooperative's facilities, physically or electronically disorienting the Meter, attaching objects to the Meter, inserting objects into the Meter, or other electrical or mechanical means of altering Delivery Service.

TARIFF.  A document describing rates, terms and conditions of electric service.

CHAPTER 2:                DESCRIPTIONS OF Nueces Electric Cooperative’S CERTIFICATED SERVICE AREA

Nueces Electric Cooperative, Inc, (NEC), a Touchstone Energy member, is a member-owned rural electric cooperative incorporated on December 7, 1938, and headquartered in Nueces County, Robstown, Texas.  Texas 088 is the Rural Utilities Service designation for this Cooperative.  NEC currently staffs 53 full time employees.  Electrical service is provided to portions of eight South Texas counties.  They are: Nueces, Jim Wells, Duval, McMullen, Live Oak, Kenedy, Brooks, and Kleberg.  Within these counties, service is provided to portions of the cities of Robstown, Corpus Christi, Alice, Kingsville, and several small communities including Ben Bolt - Palito Blanco, Loyola Beach, Riviera Beach, Rosita, Los Reyes, San Jose, San Juan, Sarita, Tecolote, Clegg, Riviera and Bentonville.  As of May 31, 2004, NEC provided electric delivery service to 8,823 members with 12,753 active billing points.  

CHAPTER 3:                GENERAL TERMS AND CONDITIONS OF ACCESS APPLICABILITY

3.1                APPLICABILITY

This Access Tariff governs the terms and conditions of the provision of Access by Nueces Electric Cooperative to Competitive Retailers to the Delivery System of Nueces Electric Cooperative for the purpose of selling Electric Power and Energy to Retail Customers within the retail service area of Nueces Electric Cooperative who are connected to the Delivery System of Nueces Electric Cooperative.  The provisions of this Access Tariff shall uniformly apply to all Competitive Retailers. Terms and Conditions for the Delivery of Electric Power and Energy to Retail Customers are set out in a separate Delivery Service Tariff.  Nueces Electric Cooperative provides Delivery Service directly to Retail Customers at their respective Points of Delivery in conjunction with the provision of Access.

3.1.1.         RECEIPT OF ELECTRICITY FROM COMPETITIVE RETAILERS

A Competitive Retailer meeting the eligibility requirements of Section 4.3.1, ELIGIBILITY, that is not in default as provided in Section 4.6.3, DEFAULT AND REMEDIES ON DEFAULT OF COMPETITIVE RETAILER, may deliver Electric Power and Energy to Retail Customers connected to the Delivery System of Nueces Electric Cooperative at the Point of Supply.  Nueces Electric Cooperative will allow Access by receiving Electric Power and Energy at the Point of Supply from eligible Competitive Retailers that are not in default.

3.2                GENERAL

Competitive Retailers shall own the electricity that is delivered to Retail Customers at the Point of Supply. Retail Customers shall own the electricity from the Point of Supply to the Point of Delivery.  However, Retail Customer has no obligation to pay for Electric Power and Energy if the power is not delivered to the Retail Customer at the Retail Customer's Point of Delivery.  Nueces Electric Cooperative has no ownership interest in any Electric Power and Energy supplied by third party Competitive Retailers or delivered to Retail Customers that purchase electric energy from third party Competitive Retailers.

3.3          DESCRIPTION OF ACCESS

The provision of Access by Nueces Electric Cooperative is subject to the terms of any Access Agreements, the terms and conditions of this Access Tariff and Applicable Legal Authorities.

3.4          AVAILABILITY OF TARIFFS

Copies of this Access Tariff are on file with the Commission and are also available for inspection at the Commission.  Nueces Electric Cooperative shall post on its Internet site a copy of its current Access Tariff and Delivery Service Tariff in a standard electronic format for downloading free of charge.

3.5          CHANGES TO ACCESS TARIFF

This Access Tariff may be revised, amended, supplemented or otherwise changed from time to time in accordance with the laws of the State of Texas and the rules and regulations of the PUC, and such changes, when effective, shall have the same force and effect as the present Access Tariff.  Nueces Electric Cooperative retains the right to file an application requesting a change in Chapters 1, 3, and 4 of its Access Tariff and will comply with all laws and rules concerning the provision of notice concerning any such application.  Nueces Electric Cooperative shall file accurate and current rates for Access in Chapter 5.  If an Access rate is altered, Nueces Electric Cooperative is responsible for providing the current rate information in a timely manner.  Any agreement made pursuant to this Access Tariff shall be deemed to be modified to conform to any changes in this Access Tariff as of the date of the effectiveness of such change.  No agent, officer, director, employee, or representative of Nueces Electric Cooperative has authority to modify the provisions of this Access Tariff or to bind Nueces Electric Cooperative by any promise or representation contrary to the terms of this Access Tariff except as expressly permitted by the PUC.

3.6          NON-DISCRIMINATION

Nueces Electric Cooperative shall discharge its responsibilities under this Access Tariff in a non-discriminatory manner not favoring or burdening any particular Competitive Retailer.  Nueces Electric Cooperative shall not discriminate against non-affiliated Competitive Retailers or their Retail Customers in the provision of Delivery Services that affect Competitive Retailer's Access to Nueces Electric Cooperative's Delivery System or Retail Customers.

3.7          FORM OF NOTICE

A notice, demand or request required or authorized under this Access Tariff to be given by any party to any other party shall be in writing or conveyed electronically, as specified in the section of this Access Tariff requiring such notice.  Electronic notice shall be given in accordance with the appropriate SET protocol.  Written notice shall either be personally delivered, transmitted by telecopy or facsimile equipment (with receipt confirmed), sent by overnight courier or mailed, by certified mail, return receipt requested, postage pre-paid, to the other party.  Any such notice, demand or request so delivered or mailed shall be deemed to be given when so delivered or three days after mailed, unless the party asserting that such notice was provided is unable to show evidence of its delivery.

3.8          DESIGNATION OF Nueces Electric Cooperative CONTACT PERSONS FOR MATTERS RELATING TO ACCESS

Nueces Electric Cooperative shall designate a person(s), either by name or title, who will serve as the Nueces Electric Cooperative's contact for all matters relating to Access provided to Competitive Retailers and post such information along with the names, telephone numbers, mailing addresses and electronic mail addresses for its Access contact person(s) on its Internet website.  Nueces Electric Cooperative may change its designation by providing notice to the Commission and those Competitive Retailers with Access and by updating such information on Nueces Electric Cooperative's Internet website.

3.9          INVOICING TO STATE AGENCIES

Notwithstanding any provisions in this Access Tariff with respect to when invoices become past due and imposing an increased amount if invoices are not paid within a specified time, all invoices rendered directly to a "State Agency," as that term is defined in Chapter 2251 of the Government Code, shall be due and shall bear interest if overdue as provided in Chapter 2251.

3.10        GOVERNING LAWS AND REGULATIONS

This Access Tariff is to be interpreted to conform with Applicable Legal Authorities.  Changes in an Applicable Legal Authority, shall become effective with regard to this Access Tariff and any Access Agreement made pursuant to it, as of the effective date of such Applicable Legal Authority.

3.11        GOOD FAITH OBLIGATION

Nueces Electric Cooperative and Competitive Retailer will use reasonable efforts to cooperate in good faith to fulfill all duties, obligations, and rights set forth in this Access Tariff.  Nueces Electric Cooperative and Competitive Retailer will negotiate in good faith concerning the details of carrying out their duties, obligations, and rights set forth in this Access Tariff.

3.12        COOPERATION IN EMERGENCIES

Nueces Electric Cooperative and Competitive Retailer, shall cooperate with each other, the Independent Organization and any other affected entities in the event of an emergency condition affecting the delivery of Electric Power and Energy or the safety and security of persons and property.

3.13        HEADINGS

The descriptive headings of the various sections of this Access Tariff have been inserted for convenience of reference only and shall in no way define, modify or restrict any of the terms and provisions hereof.

3.14        TAX EXEMPT STATUS

Nothing in this Tariff may impair Nueces Electric Cooperative's tax exempt status, nor shall anything in this Tariff compel Nueces Electric Cooperative to use its Delivery System in a manner that violates any contractual provisions, bond covenants, or other restrictions applicable to facilities financed by tax exempt debt.  If Nueces Electric Cooperative believes that its tax exempt status is threatened it shall notify the commission.

3.15            SUCCESSORS AND ASSIGNS

This Tariff shall inure to the benefit of, and be binding upon, Nueces Electric Cooperative, Competitive Retailer, and Retail Customer and their respective successors and permitted assigns.

3.16            EXERCISE OF RIGHT TO CONSENT

Nueces Electric Cooperative, Competitive Retailer, or Retail Customer shall not unreasonably withhold, condition, or delay giving any consent required for another party to exercise rights conferred under this Tariff that are made subject to that consent.  Nueces Electric Cooperative, Competitive Retailer, or Retail Customer further shall not unreasonably withhold, condition, or delay their performance of any obligation or duty imposed under this Tariff.

3.17            WAIVERS

The failure of Nueces Electric Cooperative, Competitive Retailer, or Retail Customer to insist in any one or more instances upon strict performance of any of the provisions of this Tariff, or to take advantage of any of its rights under this Tariff, shall not be construed as a general waiver of any such provision or the relinquishment of any such right, but the same shall continue and remain in full force and effect, except with respect to the particular instance or instances.

CHAPTER 4:                SPECIFIC RULES AND REGULATIONS RELATING TO ACCESS TO DELIVERY SYSTEM OF Nueces Electric Cooperative BY COMPETITIVE RETAILERS

4.1                GENERAL RULES AND REGULATIONS

4.1.1           APPLICABILITY OF CHAPTER

This Chapter governs the terms and conditions of Access by Competitive Retailers to the Delivery System of Nueces Electric Cooperative, whether the Competitive Retailer has entered into an Access Agreement or not.  This Chapter also applies to Access by Competitive Retailers to the Delivery System of Nueces Electric Cooperative unlawfully or pursuant to unauthorized use.  The provisions of this Chapter shall uniformly apply to all Competitive Retailers receiving Access from Nueces Electric Cooperative.

4.1.2           REQUIRED NOTICE

Notice to Competitive Retailer and Nueces Electric Cooperative provided pursuant to Section 3.7, FORM OF NOTICE, shall be provided to the addresses specified in the Access Agreement. 

4.2                LIMITS ON LIABILITY

4.2.1           Liability Between Nueces Electric Cooperative and Competitive Retailers

This Access Tariff is not intended to limit the liability of Nueces Electric Cooperative or Competitive Retailer for damages except as expressly provided in this Access Tariff.  This Access Tariff does not address the liability between Nueces Electric Cooperative and Nueces Electric Cooperative's Retail Customers or between Nueces Electric Cooperative and Competitive Retailer's Retail Customers.

Nueces Electric Cooperative will make reasonable provisions to supply steady and continuous Access to Competitive Retailer but does not guarantee Access against fluctuations or interruptions (whether as a result of negligence or otherwise).  Nueces Electric Cooperative will not be liable for any damages, whether direct or consequential, including, without limitation, loss of profits or loss of revenue occasioned by fluctuations or interruptions of Access caused by the ordinary negligence (or otherwise) of Nueces Electric Cooperative.

However, if damages result from fluctuations or interruptions in Access that are caused by Nueces Electric Cooperative's or Competitive Retailer's gross negligence, or intentional misconduct, this Access Tariff shall not preclude recovery of appropriate damages when legally due.

4.2.2           Limitation of Duty and Liability of Competitive Retailer

Competitive Retailer has no ownership, right of control, or duty to Nueces Electric Cooperative, Retail Customer or other third party, regarding the design, construction or operation of Nueces Electric Cooperative's Delivery System.  Competitive Retailer shall not be liable to any person or entity for any damages, direct, indirect or consequential, including, but without limitation, loss of business, loss of profits or revenue, or loss of production capacity, occasioned by any fluctuations or interruptions of Delivery Service caused, in whole or in part, by the design, construction or operation of Nueces Electric Cooperative's Delivery System.

4.2.3           Duty To Avoid or Mitigate Damages

Nueces Electric Cooperative and Competitive Retailer shall use reasonable efforts to avoid or mitigate its damages or losses suffered as a result of the other's culpable behavior, under Section 4.2.1, LIABILITY BETWEEN Nueces Electric Cooperative AND COMPETITIVE RETAILERS.

4.2.4           Force Majeure

Neither Nueces Electric Cooperative nor Competitive Retailer shall be liable in damages for any act or event that is beyond such party's control and which could not be reasonably anticipated and prevented through the use of reasonable measures, including, but not limited to, an act of God, act of the public enemy, war, insurrection, riot, fire, explosion, labor disturbance or strike, wildlife, unavoidable accident, equipment or material shortage, breakdown or accident to machinery or equipment, or good faith compliance with a then valid curtailment, order, regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, including any order or directive of the Independent Organization.

4.2.5           Emergencies and Necessary Interruptions

Nueces Electric Cooperative's tariff for Delivery Service governs Nueces Electric Cooperative's authority to interrupt Delivery Service in the event of any emergency that poses a threat to Nueces Electric Cooperative's Delivery System or for other reasons that it deems to be necessary, including, inspection, test, repair, or changes in Nueces Electric Cooperative's Delivery System, or when such interruption will reduce or remove possible danger to life or property or will aid in the restoration of service.

4.2.6           Limitation of Warranties by Nueces Electric Cooperative

Nueces Electric Cooperative makes no warranties to Competitive Retailer with regard to the provision of Access and disclaims any and all warranties, express or implied, including but without limitation, warranties of merchantability or fitness for a particular purpose.

4.2.7       DUTY TO REVIEW

Nueces Electric Cooperative has a right to rely on any notice from a Competitive Retailer requesting connection, disconnection, interruption, or suspension of Delivery Service to Retail Customer, and is not responsible for monitoring or reviewing the factual basis or appropriateness of any such notice from a Competitive Retailer requesting connection, disconnection, or suspension of Delivery Service to Retail Customer.

4.3                ACCESS

4.3.1           ELIGIBILITY

A Competitive Retailer is eligible for Access when:

(1)           The Competitive Retailer and Nueces Electric Cooperative have successfully completed system testing for electronic and other data exchange requirements and for interruption reporting and service requests requested pursuant to this Chapter.  Testing for electronic data exchange will be conducted in accordance with a test plan developed by the SET team in coordination with the Commission and will be limited to the SET transactions developed by the SET team.  Nueces Electric Cooperative and Competitive Retailer shall use best efforts to promptly complete system testing;

(2)           Competitive Retailer and Nueces Electric Cooperative execute an Access Agreement, or if, Nueces Electric Cooperative has failed to execute the Access Agreement upon presentment by Competitive Retailer who has signed such Access Agreement, Competitive Retailer shall be deemed eligible for Access during an interim period by filing the unexecuted Access Agreement with the Commission so that it may investigate into the reasons for such non-execution by Nueces Electric Cooperative; and

(3)           The Competitive Retailer, if a REP, is registered with the municipality in whose area the REP intends to provide service, if applicable, and is not in material default with the registration requirements.

4.3.2           INITIATION OF ACCESS

For the purposes of this section, "initiation of Access" refers to the actions taken by Nueces Electric Cooperative to allow the Competitive Retailer to deliver Electric Power and Energy to Nueces Electric Cooperative's Delivery System at the Point of Supply.

4.3.2.1          INITIATION OF ACCESS WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED

Upon notification by the Registration Agent pursuant to the protocols developed by the Independent Organization that the Retail Customer has designated an eligible Competitive Retailer; and where existing Nueces Electric Cooperative facilities will be used for Delivery Service and no Construction Service is needed, Nueces Electric Cooperative shall initiate Access when requested by Competitive Retailer through the registration agent:

(1)           Unless the Retail Customer's electrical installation is known to be hazardous or is of such character that Delivery Service cannot be provided consistent with Good Utility Practice, or interferes with the service of other Retail Customers, or unless a known or dangerous condition exists for as long as it exists;

(2)           Unless the Competitive Retailer is in default under this tariff; or

(3)           Unless the Retail Customer is in default under Nueces Electric Cooperative's Delivery Service Tariff.

4.3.2.2          INITIATION OF ACCESS WHERE CONSTRUCTION SERVICES ARE REQUIRED

When Construction Services are required, a Competitive Retailer may request the Construction service on behalf of the Retail Customer or the Retail Customer may request the service.  When a Competitive Retailer requests initiation of Access that requires Construction Service prior to initiation, Competitive Retailer shall contact Nueces Electric Cooperative to make arrangements for Construction Services and for establishment of an ESI ID if one is not in existence for that Delivery Point.  Nueces Electric Cooperative shall establish a new ESI ID and will notify the Registration Agent.  The processing of Construction Service, including the establishment of an ESI ID, if one is not in existence for the Point of Delivery, and notifying the Registration Agent of the new ESI ID shall be governed by the provisions of Nueces Electric Cooperative's applicable Tariffs.  Nueces Electric Cooperative may contact the Retail Customer for verification of the request.  Nueces Electric Cooperative shall initiate Access upon completion of the Construction Service and satisfaction of each of the conditions specified in Section 4.3.2.1, INITIATION OF ACCESS WHERE CONSTRUCTION SERVICES ARE NOT REQUIRED.

4.3.2.3          REQUESTS FOR DISCRETIONARY SERVICES INCLUDING CONSTRUCTION SERVICES

A Competitive Retailer may request Discretionary Services from Nueces Electric Cooperative on behalf of the Retail Customer or the Retail Customer may contact  Nueces Electric Cooperative directly to obtain the service.  If a Competitive Retailer requests Discretionary Services on behalf of the Retail Customer, such requests for Discretionary Services must include the following information:

(1)           Retail Customer contact name;

(2)           Retail Customer contact phone number;

(3)           ESI ID, if in existence;

(4)           Service address (including City and zip code) and directions to location, as needed;

(5)           Discretionary Services and/or Construction Services requested; and

(6)           Date requested for Nueces Electric Cooperative to perform Discretionary Services and/or Construction Services.

Nueces Electric Cooperative may contact the Retail Customer for verification of the request.  Provision of the Discretionary Services requested shall be in accordance with Nueces Electric Cooperative's Delivery Service Tariff.

To the extent that SET transactions are developed, such transactions shall be used by Competitive Retailer to request Discretionary Services or Construction Services on behalf of their Retail Customers.

Nueces Electric Cooperative will acknowledge receipt of Competitive Retailer's electronic service request and will notify both the Competitive Retailer and the Retail Customer of the estimated completion date and upon completion of the Discretionary Service request.

4.3.3           CHANGING OF DESIGNATED COMPETITIVE RETAILER

Nueces Electric Cooperative shall change a Retail Customer's designated Competitive Retailer upon receiving proper notification from the Registration Agent, in accordance with Nueces Electric Cooperative's customer protection rules and the protocols developed by the Independent Organization, unless the new Competitive Retailer is in default under this Access Tariff.  Nueces Electric Cooperative shall release proprietary customer information to the designated Competitive Retailer in a manner prescribed by Applicable Legal Authorities.  Nueces Electric Cooperative shall not charge Competitive Retailer for a change of designation of a Retail Customer's Competitive Retailer.

4.3.4           PROVISION OF DATA BY COMPETITIVE RETAILER TO UTILITY

Competitive Retailer shall timely supply to Nueces Electric Cooperative all data, materials, or other information specified in this Access Tariff, including current customer names, telephone number, and mailing address in connection with Nueces Electric Cooperative's provision of Access to Competitive Retailer for that Retail Customer, if required.  Such information shall be used only for Nueces Electric Cooperative operations and will be subject to the provisions P.U.C. Subst. R. 25.275, Code of Conduct for Municipally Owned Utilities and Electric Cooperatives Engaged in Competitive Activities.

4.3.5           SUSPENSION OF ACCESS

4.3.5.1          SUSPENSIONS WITHOUT PRIOR NOTICE FOR EMERGENCIES OR NECESSARY INTERRUPTIONS

Nueces Electric Cooperative may without prior notice intentionally suspend Access to a Competitive Retailer in connection with suspending Delivery Service to the Competitive Retailer's Retail Customer where a known or dangerous condition exists, for the duration of the dangerous condition, or for an emergency arising anywhere on Nueces Electric Cooperative's Delivery System, which poses a threat to the Delivery System.  Any suspension of Delivery Service shall be done in accordance with Nueces Electric Cooperative's Delivery Service Tariff.  Nueces Electric Cooperative shall notify, as soon as practically possible, the affected Retail Customer's Competitive Retailer of suspensions for the above reason.

Such notice may be made by electronic notice to all Competitive Retailers operating in Nueces Electric Cooperative's service area with specific identification of location, time, and expected duration of outage.

Competitive Retailer shall convey any notice received by Retail Customer to Nueces Electric Cooperative that suspension or interruption of service of Retail Customer will create a dangerous or life-threatening condition on Retail Customer's premises.

Nueces Electric Cooperative may also suspend Access without prior notice when such suspension is authorized by Applicable Legal Authorities.

Nothing in this section is intended to take precedence over timely restoration of service.

4.3.5.2          NOTICED SUSPENSION NOT RELATED TO EMERGENCIES OR NECESSARY INTERRUPTIONS

If Nueces Electric Cooperative suspends Access in connection with suspending Delivery Service other than as provided for an emergency under Section 4.3.5.1, SUSPENSIONS WITHOUT PRIOR NOTICE FOR EMERGENCIES OR NECESSARY INTERRUPTIONS, Nueces Electric Cooperative shall provide electronic notice of the suspension of Access, specifically identifying the location, time, cause, and expected duration of the suspension.

Nueces Electric Cooperative shall perform all suspensions or disconnects in accordance with its Delivery Service Tariff.

Nueces Electric Cooperative may suspend Access in connection with suspending Delivery Service in accordance with Nueces Electric Cooperative's Delivery Service Tariff:

(1)           In the event of unauthorized use, unauthorized reconnection, or diversion of service or Tampering with Nueces Electric Cooperative's Meter or equipment or bypassing same;

(2)           In the event of Retail Customer's violation of the provisions of Nueces Electric Cooperative's Delivery Service Tariff in a manner which interferes with the Delivery Service of others or the operation of nonstandard equipment, or as otherwise specified by written agreement, and a reasonable opportunity has been provided to remedy the situation;

(3)           Upon Retail Customer's failure to comply with the terms of any written agreement made between Nueces Electric Cooperative and Retail Customer, upon default of Retail Customer under such an agreement, or upon failure to pay any charges billed by Nueces Electric Cooperative directly to Retail Customer after a reasonable opportunity has been provided to remedy the failure;

(4)           For Retail Customer's failure to provide Nueces Electric Cooperative with reasonable access to Nueces Electric Cooperative's facilities located on Retail Customer's Premises after a reasonable notice has been provided of the need for access to the facilities; or

(5)           Upon Nueces Electric Cooperative's receipt of a notice requiring such action, in the form and from the party specified by Applicable Legal Authorities.  Nueces Electric Cooperative will not be responsible for monitoring or reviewing the appropriateness of any such notice.

Nueces Electric Cooperative shall provide electronic notice of the suspension of Access, specifically identifying the time, cause, and expected duration of the suspension. 

4.3.6       RESTORATION OF ACCESS

Nueces Electric Cooperative will restore Access to the Competitive Retailer as soon as possible following the alleviation or correction of the conditions that cause a suspension or disconnection, consistent with Nueces Electric Cooperative's Delivery Service Tariffs, and provide notice of restoration of Access as soon as practically possible. 

4.3.7.      DISCONNECTION OF SERVICE REQUESTED BY COMPETITIVE RETAILER TO RETAIL CUSTOMER'S FACILITIES

At the request of Competitive Retailer, for Retail Customer related construction, alteration, or other temporary clearance requirement, and in accordance with Nueces Electric Cooperative's Delivery Service Tariff, Nueces Electric Cooperative shall disconnect Retail Customer's facilities on the date requested by Competitive Retailer, provided such request is made at least three Business Days prior to the requested date for disconnection. 

In the event Competitive Retailer no longer desires to provide Electric Power and Energy Access to a Retail Customer at the Retail Customer's Premises, Competitive Retailer shall notify the Registration agent of the date the Competitive Retailer desires Nueces Electric Cooperative to discontinue Access to a particular Point of Delivery.  Competitive Retailer may request disconnection for non-payment by Retail Customer as authorized by the commission's Customer Protection Rules except when the Competitive Retailer is the affiliate of the Nueces Electric Cooperative, in which case the Nueces Electric Cooperative's customer protection rules apply.  Nueces Electric Cooperative shall disconnect and reconnect Retail Customer's premise upon receipt of request for disconnection or reconnection by a Competitive Retailer authorized to do so.

Only personnel authorized by Nueces Electric Cooperative are permitted to make, energize, or de-energize connections between Nueces Electric Cooperative’s facilities and Retail Customer's Electrical Installation. 

Utility shall not be responsible for monitoring or reviewing the appropriateness of any notice from a Competitive Retailer requesting suspension, connection, or disconnection of Delivery Service to Retail Customer.

4.4                BILLING AND REMITTANCE

Retail Customer has the option of (1) receiving a single bill that contains both the Delivery Service charges and the Electric Power and Energy charges; or (2) receiving two bills, one for Delivery Service charges and one for Electric Power and Energy charges.  In the event that a Retail Customer fails to select to receive either separate bills or a single consolidated bill, a consolidated bill shall be provided.

If a consolidated bill is to be provided, Nueces Electric Cooperative at its option may allow each Competitive Retailer to provide a consolidated bill to its Retail Customers.  If Nueces Electric Cooperative has chosen this option, it must do so in a non-discriminatory manner in accordance with 4.4.3, CONSOLIDATED BILLING BY COMPETITIVE RETAILER.

Nueces Electric Cooperative may bill Retail Customers directly for all services it provides to its Retail Customers.  Nothing in this Tariff is intended to prohibit a Nueces Electric Cooperative from contracting with a third party, including a Competitive Retailer to perform billing services and functions on its behalf.  Any third party performing billing on behalf of the Nueces Electric Cooperative is subject to the billing provisions in this Tariff and billing responsibilities set out in the Nueces Electric Cooperative's Tariff for Delivery Services, to the same extent as the Nueces Electric Cooperative.

4.4.1       CONSOLIDATED BILLING BY Nueces Electric Cooperative

When a Retail Customer receives a consolidated bill from Nueces Electric Cooperative, Nueces Electric Cooperative may assess a fee to Competitive Retailer for billing services, which shall cover the preparation and delivery of reports specified in this chapter.

Nueces Electric Cooperative shall at the Competitive Retailer's request provide the Competitive Retailer with an electronic copy of the entirety of each bill containing the Competitive Retailer's Electric Power and Energy charges within one Business Day of receipt of request.  The Nueces Electric Cooperative, in lieu of an electronic copy of the bill may provide access to a database containing all billing information presented on the bill in an electronically accessible format.

Nueces Electric Cooperative shall provide to the Competitive Retailer its schedule for Meter Reading and bill due dates for the Competitive Retailer's Retail Customers.  This schedule shall be provided yearly for the coming year.  At such time a Competitive Retailer gains a new Retail Customer, Nueces Electric Cooperative shall inform the Competitive Retailer of the Retail Customer's Meter Reading and bill due dates for the remainder of the year.  If the schedule is altered, Nueces Electric Cooperative shall notify Competitive Retailer at least 20 days prior to the altered date.

4.4.1.1          BILLING BY Nueces Electric Cooperative TO RETAIL CUSTOMERS FOR DELIVERY SERVICES

Calculation of charges, transmittal of the invoices, error corrections, dispute resolution and all other aspects of the billing for Delivery Services by Nueces Electric Cooperative to Retail Customer shall be performed in accordance with Nueces Electric Cooperative's Delivery Service Tariff.

4.4.1.2          CALCULATION AND TRANSMITTAL OF ELECTRIC POWER AND ENERGY CHARGES BY COMPETITIVE RETAILER

In order for Nueces Electric Cooperative to prepare a consolidated bill for Retail Customers who receive a consolidated bill from Nueces Electric Cooperative for all services, Competitive Retailer shall calculate charges for Electric Power and Energy and shall transmit the charges to Nueces Electric Cooperative by means of an electronic pre-bill statement for each Retail Customer's total charges within three Business Days from receipt of Meter Reading data.  Electronic pre-bill statements shall be transmitted using the appropriate SET transaction and shall be consistent with the terms and conditions of this Access Tariff.  Nueces Electric Cooperative shall validate or reject the pre-bill statement using the appropriate rejection code within 48 hours of the first Business Day following receipt.  Competitive Retailer shall correct any Competitive Retailer errors that lead to a rejection.  Transactions that are neither validated nor rejected within 48 hours shall be deemed valid.  Electronic pre-bill statements transmitted after 5:00 P.M. Central Prevailing Time shall be considered transmitted on the next Business Day. 

4.4.1.3          PRE-BILL STATEMENT CORRECTIONS

Pre-bill statements shall be subject to adjustment for errors including, but not limited to, arithmetic errors, computational errors, and Meter Reading errors.

4.4.1.4          BILLING CYCLE

Unless otherwise stated in Nueces Electric Cooperative's Delivery Service Tariff or as provided in Section 4.8.1.3, OUT OF CYCLE METER READS, invoiced charges shall be based on a cycle of approximately one month.  If Nueces Electric Cooperative decides to alter the billing cycle for any Retail Customer, Nueces Electric Cooperative agrees that it shall notify the Retail Customer's Competitive Retailer at least 30 days prior to such billing cycle change.  If  Nueces Electric Cooperative has not received the pre-bill statement from the Competitive Retailer within the time period specified in Section 4.4.1.2, CALCULATION AND TRANSMITTAL OF ELECTRIC POWER AND ENERGY CHARGES BY COMPETITIVE RETAILER, Nueces Electric Cooperative may send out its bills to Retail Customer without the Electric Power and Energy charges.

4.4.1.5          REMITTANCE

(1)           Upon receipt of payment from Retail Customer for Electric Power and Energy service billed by Nueces Electric Cooperative on behalf of Competitive Retailer, Nueces Electric Cooperative will remit payment to Competitive Retailer within five Business Days of the due date of the Retail Customer's bill, or if customer has paid after the due date, five days after Nueces Electric Cooperativ