Total Peaking Services, L. L. C.

Original Volume No. 1

Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 46 Original Sheet No. 46 : Effective

GENERAL TERMS AND CONDITIONS

(Continued)

3. REQUEST FOR SERVICE (Continued)

3.2 Information Requirements (Continued)

(vi) A written attestation from potential customer

that no significant collection lawsuits or

judgments are outstanding which would

seriously reflect upon the business entity's

ability to remain solvent.

(vii) If potential customer has an ongoing business

relationship with Total Peaking, no

uncontested delinquent balances should be

outstanding for services previously billed by

Total Peaking and potential customer must have

paid its account during the past according to

the established terms and not made deductions

or withheld payment for claims not authorized

by contract.

(viii) Total Peaking reserves the right to

request updated credit information at any time

if Total Peaking is not reasonably satisfied

with Customer's credit worthiness or ability

to pay based on information available to Total

Peaking at that time.

(h) Prepayment. To be considered valid, a request for

firm service, other than capacity release pursuant

to Section 23, must be accompanied by payment of the

lesser of (1) the applicable negotiated rate for one

Month or (2) $10,000. Such payment must be made by

Customer to Total Peaking. This payment plus the

interest accrued from the date payment is received

until the date service commences shall be used to

offset Customer's monthly bill. If Customer's

request expires, is withdrawn, or Total Peaking

declines to tender a Service Agreement, Total

Peaking shall refund Customer's payment plus the

accrued interest from the date payment is received

until the refund is sent to Customer. For purposes

of this section, accrued interest shall be computed

in a manner consistent with Section 154.501(d) of

the Commission's Regulations.