BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION ARKANSAS TECH UNIVERSITY'S PETITION TO INTERVENE

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1 BEFORE THE IN THE MATTER OF THE APPLICATION OF ENTERGY ARKANSAS, INC. FOR APPROVAL OF CHANGES IN RATES FOR RETAIL ELECTRIC SERVCE DOCKET NO U ARKANSAS TECH UNIVERSITY'S PETITION TO INTERVENE Arkansas Tech University requests leave to intervene in this proceeding pursuant to Rule 3.04 of the Arkansas Public Service Commission's Rules of Practice and Procedure. In support of its Petition, Arkansas Tech University states as follows: 1. Arkansas Tech University is a state-supported institution of higher education which has campuses located in Russellville, Arkansas and Ozark, Arkansas. Arkansas Tech University is an agency of the State of Arkansas. 2. On March 1, 2013, Entergy Arkansas, Inc. ("EAI") filed with the Arkansas Public Service Commission ("Commission") an Application for Approval of Changes in Rates for Retail Electric Service. In paragraph 8 (g)(iv) of that application, the Additional Facilities Rider - Governmental is listed as an implemental change which will address the additional cost to the Company related to procuring insurance in lieu of indemnification for state agencies. 3. Arkansas Tech University seeks to intervene in this proceeding due to the fact that it will be directly affected by this docket. Arkansas Tech University is unique among all other Arkansas utility customers in that it was the party that initiated and litigated the issue of whether a state agency could be required to indemnify a utility as a condition of service. That litigation 1

2 resulted in the Arkansas Court of Appeals' decision in Entergy Ark., Inc. v. Ark. Pub. Serv. Comm 'n, 2011 Ark. App. 453 which held that Article 12, 12 prohibits such an indemnification requirement. Consequently, Arkansas Tech University can contribute knowledge and experience on the issue of indemnification as well as alternatives to indemnification. 4. Further, Arkansas Tech University will not be adequately represented by any other party in this proceeding. Arkansas Tech University is unique among all other Arkansas utility customers in that it is the only known state agency that has - as a stop gap measure - signed a special rate contract with a utility that does not require the agency to indemnify the utility, but does require provision of, or payment for, liability insurance as a condition of continuing to receive utility service. At this time, other state entity customers have Additional Facilities Agreements in effect, but do not have to bear Arkansas Tech University's burden of paying a "premium" - both figuratively and literally - as part of that agreement or service. 5. If permitted to intervene, Arkansas Tech University will assert that no rate adjustment for insurance in lieu of indemnification is required for EAI. Further, Arkansas Tech University will argue to the Commission that the requirement of, payment for, or provision of, liability insurance protecting the utility in lieu of indemnification is not only prohibited by law, it also constitutes bad public policy. Specifically, Arkansas Tech University will assert that a requirement of provision of liability insurance in lieu of indemnification violates A. C.A , and is prohibited by Article 5, 20, as well as A.C.A , A.C.A (a)(1), A.C.A (a)(3), and A.C.A Arkansas Tech University states affirmatively that it has been granted permission by the Commission to intervene in Docket No TF. In that docket, EAI seeks approval of Rate Schedule No. 53, Additional Facilities Charge Rider- Governmental. Stated simply, 2

3 Docket No TF will address whether EAI can require insurance payments from its government entity customers in lieu of indemnification for facilities "behind the meter." However, participation in Docket No TF docket should not preclude Arkansas Tech University's participation in the instant docket. EAI unilaterally elected to initiate Docket No U less than a month after it filed Docket No TF. The fact that EAI chose to run both dockets concurrently should not be a basis for limiting participation of customers in one or both dockets. In addition, while the hearing in Docket No TF docket has been set for June 27, 2013, and the hearing in the Docket No U has been set for October 22, 2013, it does not follow that the issues in Docket No TF will be finally resolved by October 22, One or more of the parties may appeal the Commission's final ruling in Docket No TF. 7. Finally, the issue of indemnification is not limited to the Additional Facilities Agreement that is the subject of Docket No TF. On March 20, 2012, Arkansas Tech University entered into an "Agreement for Electric Service" with EAI to provide electricity to the intramural field. A copy ofthat agreement is attached as Exhibit "A". Paragraph three of that contract references Policy Schedule No.9, which is attached as Exhibit "B". Paragraph of Policy Schedule No. 9 contains a "hold harmless" provision- which is indemnificationin favor ofeai. Docket No TF is limited to the issue of indemnification in Additional Facilities Agreements, but it is clear that the issue of indemnification has spread into other EAI agreements. Consequently, Arkansas Tech University should be allowed to have its voice heard and participate fully on the issue of indemnification in Docket No U. 3

4 8. The following should be included on the on the official service list in this proceeding should Arkansas Tech University be permitted to intervene, and all communications concerning this Petition should be addressed to: Thomas W. Pennington University Counsel Admin. Bldg. Room 211 Arkansas Tech University Russellville, AR Telephone: (479) WHEREFORE, Arkansas Tech University respectfully requests that this Petition be granted and that it be provided full rights to participate immediately as a party to this proceeding, and for all other just and appropriate relief. Respectfully submitted, Arkansas Tech University By: /s/ 7~ '3{). P~ Thomas W. Pennington Ark. Bar No University Counsel Arkansas Tech University Admin. Bldg. Room 211 Russellville, AR ( 4 79) tpennington@atu.edu 4

5 Certificate of Service I, Thomas W. Pennington, do hereby certify that on the 30 1 h day of April2013, I provided a copy of the above and foregoing Petition to Intervene to the following at the indicated address or by first claim mail, postage prepaid, if no address is indicated: Ms. Tucker Raney Entergy Services, Inc. 425 W. Capitol Avenue P.O. Box 551 Little Rock, AR traney@entergy.com Mr. Steve Strickland Entergy Services, Inc. 425 W. Capitol A venue P.O. Box 551 Little Rock, AR sstrick@entergy.com Valerie Boyce Counsel APSC General Staff- Legal 1000 Center Street, P.O. Box 400 Little Rock, AR valerie boyce@psc.state.ar.us Robert Rhoads Counsel Hall Estill, Hardwick, Gable, Golden & Nelson, PC 75 North East Ave., Suite 402 Fayetteville, AR rrhoads@hallestill.com M. Shawn McMurray Sr. Assistant Attorney General 323 Center Street, Suite 200 Little Rock, AR shawn.mcmurray@arkansasag.gov Kevin Lemley Counsel Mitchell Williams Selig Gates & Woodyard, PLLC 425 W. Capitol, Suite 1800 Little Rock, AR klemley@mwlaw.com Major Chris Thompson Utility Litigation and Negotiation Attorney 139 Barnes Drive Suite 1 Tyndall Air Force Base, FL chris. thompson.2@tyndall.af.mil John Elkins Counsel APSC General Staff- Legal Center Street Little Rock, AR jelkins@psc.state.ar.us Thomas Schroedter Counsel Hall Estill, Hardwick, Gable, Golden & Nelson, PC 320 S. Boston, Suite 200 Tulsa, OK tschroeder@hallestill.com EmonMahony Assistant Attorney General 323 Center Street, Suite 200 Little Rock, AR emon.mahony@arkansasas.gov 5

6 Elizabeth Thomas Smith Associate General Counsel 4301 West Markham Slot 860 Little Rock, AR Kurt Boehm Counsel Boehm, Kurtz & Lowry 36 East Seventh Street, Suite 1510 Cincinatti, OH Jordan B. Tinsley Counsel Tinsley & Youngdahl, PLLC 300 South Spring Street, Suite 614 Little Rock, AR Rick Chamberlain Counsel Behrens, Taylor, Wheeler and Chamberlain 6 N.E. 63rd Street, Suite 400 Oklahoma City, OK rdc law@swbell.net Steve Chriss Manager Wal-Mart Stores, Inc S.E. loth Street Bentonville, Ar stephen.criss@wal-mart. com /s/7~ 'JfJ. 'P~ Thomas W. Pennington 6

7 Agreement for Electric Service m ~'~~t, 'J-"',. ~ This Agreement, made and entered into on E:alarttai'Y'i. 2012, by and between ARKANSAS TECH ("Customer") and Entergy Arkansas, Inc. ("EAI" or the "Company"), a corporation; 1. CHARACTERISTICS OF SERVICE ]t-(;t ' I I. J Company shall make available to Customer on or before MaFGA-4, 2012 at the point of delivery specified herein, electric service up to a maximum of 300 kva, at approximately 277/480Y volts, ~wire, grounded,!!l!:!! phase and a nominal frequency of 60 cycles per second to be supplied for the operation of Customer's INTRAMURAL FIELD located in POPE County at or near RUSSELLVILLE, Arkansas. Company will use due diligence to begin service hereunder on the date specified above, but its failure to do so shall not constitute a breach of this Agreement for Electric Service. 2. DEFINITIONS Firm Service - Supplemental Service- Contract Power - Standby Service - Reserved Service - Non-Reserved Service - Maintenance Service - Full requirements of Customer supplied under one of Company's standard electric service schedules; Partial requirements of Customer supplied under one of Company's standard electric service schedules that is Supplemental to Customer requirements served by Customer owned generating equipment; The highest kw demand established in the twelve months ending with the current month pursuant to the Minimum provision of the rate schedule under which Firm or Supplemental Service is supplied, referred to as contract, or ratcheted power or demand; Composed of Reserved Service, Maintenance Service, Backup Service and Non-Reserved Service, restricted to a total number of kw that shall not exceed the nameplate rating of the Customer's generating equipment which may be operated in parallel with the Company's system; Electric energy and capacity the Company stands ready to supply during a scheduled or unscheduled outage of the Customer's on-site generation equipment; Electric energy and capacity the Company may supply during a scheduled outage of the Customer's on-site generation equipment during the service months of October through May when Customer has requested this service no less than twenty (20) days in advance. Electric energy and capacity supplied by the Company during a scheduled outage of the Customer's generating equipment when Company has been given no less than seven (7) days advance notice of such requested Maintenance period; Exhibit "A"

8 Backup Service - Electric energy and capacity supplied by the Company during an unscheduled outage of the Customer's generating equipment and electric energy and capacity supplied by the Company during a scheduled outage that exceeds scheduled Maintenance Service; Reserved Service Contracted kw - An amount of kw not greater than the nameplate rating of Customer's on-site generation, for this Contract N/A kw. 3. RATES FOR SERVICE Company shall supply and Customer shall take and/or pay for all Firm Service and/or Standby Service required by Customer for the above operation in accordance with Rate Schedule(s) SGS. N/A copy(ies) of which are attached hereto and made a part hereof, and Company's Policy Schedule No. 9, Service Regulations as approved by the regulatory authority having jurisdiction, or such other effective superseding Rate Schedule(s) and Service Regulations as may be authorized by duly constituted regulatory authority exercising lawful jurisdiction, or as may become effective in the manner provided by law. 4. MINIMUM BILLING No monthly bill for electric service will be less than or, if seasonal, N/A during the Customer's season and Customer agrees to pay, as a minimum charge, the greater of such monthly bill or the amount calculated under the minimum provision of the then effective rate schedule under which the Customer is served until this Agreement is terminated pursuant to the provisions of 9 below. 5. POINT OF DELIVERY The point of delivery of such electric service shall be 3 PHASE PAD MOUNTED TRANSFORMER. 6. SUSPENSION OF SERVICE Any suspension of service for non-payment of bills shall be without prejudice to any other right of action to which Company is entitled. In the event of cancellation of this Agreement by Company for any breach or default on the part of Customer, there shall immediately become due and payable, in addition to the amount then due for service hereunder, as liquidated damages and not by way of penalty, a further sum equal to the total minimum monthly or seasonal bills which Customer would have paid during the unexpired term had the Company not canceled the Agreement. 7. SERVICE RELIABILITY Company will use reasonable diligence to supply steady and continuous electric service but does not guarantee the electric service against irregularities or interruptions. Company shall not be liable to Customer for any damages occasioned by irregularities or interruptions. 8. ASSIGNMENT OF CONTRACT This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the Parties hereto but no assignment shall be binding upon Company until accepted in writing by the latter.

9 9. TERM OF AGREEMENT The term of this Agreement shall be from the date service is first made available hereunder to March 1, 2017, and shall be automatically extended for successive periods of one year each until terminated by written notice given by one party to the other not more than six months nor less than three months prior to the expiration date of the initial term or any anniversary thereof. Customer's obligation to pay the monthly minimum contained in 4 does not terminate with the initial term of this Agreement, but continues in effect as long as service is provided hereunder. If Customer requests cancellation of this Agreement after the date entered in the preamble above and before the effective date of the Agreement, Customer will be responsible and shall pay for all costs incurred by the Company regarding provision of the service defined in 1 from that date to the date of Company's receipt of the Customer's written request for cancellation. 10. OTHER PROVISIONS Any other provisions appended to this Agreement are made a part hereof. 11. ENTIRETY OF AGREEMENT This constitutes the entire and only agreement between the Parties hereto with reference to the subject matter hereof and supersedes all previous understandings whether written or oral. 12. APPROVAL This Agreement is contingent upon approval by Company's President; Vice President or Department Director. By: _.:gl. ~~~:..:...R-1rKAI--I-m_S.:...A-'-S::::Ler:...::EC=H~'+---- By E::;KAN~ Signature CUST.,::.;;FFICER D~ffrtA ATTEST:, tl?r Customer's Secretary 9~ COMPANY AGENT Approved:'j ~ ~ Title: t'fu, C -1-I..4ccoCI~ Signature Date: 1-"2- (7- DISWR# I Project#: I C6PC Business Unit: I EAI Department: I Resource: -1 Activity: [IFAC Physical Location: I DAR Location: Account Number: I Residential I No Commercial lyes Industrial I No Please return this signed agreement with any payment required to:

10 2nd Revised Sheet No. P9.1 Schedule Sheet 1 of 8 Replacing: 1 51 Revised Sheet No. P9.1 Entergy Arkansas, Inc. Name of Company Kind of Service: Electric Class of Service: All Docket No.: U Order No.: 16 Part IV. Policy Schedule No. 9 Effective: 6/16/07 Title: 9.0. SERVICE REGULATIONS 9.1. REGULATORY AUTHORITY PSC File Marl< Only (CT) The Arkansas Legislature has delegated authority to the Arkansas Public Service Commission ("APSC" or the "Commission") to regulate public utilities in the State of Arkansas, including Entergy Arkansas, Inc. ("EAI" or the "Company"). The APSC's regulatory authority over the provision of electric service applies not only in the Distribution Service area allocated to EAI by the APSC but also extends to service to customers who have been released to EAI by other electric distribution utilities, when such release for service has been approved by the Commission pursuant to Rule 7.04.(b) of the Commission's Rules of Practice and Procedure. Similarly, the Tennessee Regulatory Authority exercises such authority delegated to it by the Tennessee legislature in areas of the State of Tennessee served by EAI DEFINITIONS The following expressions when used in these Service Regulations, Rate Schedules, and in Service Agreements, shall, unless otherwise indicated, have the meanings given below POINT OF DELIVERY The point at which Company ownership of facilities terminates and at which customer's ownership of facilities begins, or as otherwise defined and agreed upon in an Agreement for Electric Service CUSTOMER'S INSTALLATION In general, all electrical circuits and facilities of any kind or nature on customer's side of the point of delivery (except Company's meter installation) SERVICE DROP The wires owned by Company connecting Company's distribution facilities to customer's service terminals. (CT) MONTH An interval of approximately 30 days, except when the calendar month is specified. THIS SPACE FOR PSC USE ONLY Exhibit "B"

11 2nd Revised Sheet No. P9.2 Replacing: 1st Revised Sheet No. P9.2 Entergy Arkansas, Inc. Name of Company Schedule Sheet 2 of 8 Kind of Service: Electric Part IV. Policy Schedule No. 9 Class of Service: All Docket No.: U Order No.: 16 Effective: 6/16/07 Title: Service Re PSC File Mar1< Only NOTICE (MT) A written notification delivered personally or mailed by one party to the other at such other party's last known address -- the period of notice being computed from the date of such personal delivery or mailing METER The meter or meters, excluding the meter enclosure and current transformer enclosure, together with auxiliary devices, if any, constituting the complete installation needed to measure the power and energy supplied to any individual customer at a single point of delivery COMPANY EXTENSION TO CUSTOMER Any branch from, or continuation of, an existing line to the point of delivery to customer, including increases in capacity of any of Company's existing facilities, or the changing of any lines to meet the customer's requirements, including all transformers, service drops, meters, and installed service facilities owned by Company NATIONAL ELECTRICAL CODE The current edition of the National Electrical Code Standard of the National Board of Fire Underwriters for Electric Wiring and Apparatus as recommended by the National Fire Protection Association. (CT) (RT) INTERCONNECTION FACILITIES All facilities installed to interconnect and receive power from or deliver power to the customer including, but not limited to, connection, transmission, distribution, transformation, switching, metering and safety equipment. Interconnection Facilities shall include any additions and/or reinforcements to the Company's system required to facilitate interconnection, that the Company, in a reasonable exercise of its judgment, deems necessary ON-SITE GENERATION Any device(s) capable of generating power and energy that is (are), or may be, connected on the customer's side of the point of delivery for the purpose of satisfying all or a portion of the customer's electrical requirements at any time. The customer's facility and equipment shall meet all requirements of applicable codes, and all requirements of any duly constituted regulatory or municipal authority having jurisdiction. The Company's determination of the applicability of a code, or any portion thereof, shall be subject to review by the Commission upon petition by the customer. THIS SPACE FOR PSC USE ONLY

12 2nd Revised Sheet No. P9.3 Replacing: 1 51 Revised Sheet No. P9.3 Entergy Arkansas, Inc. Name of Company Schedule Sheet 3 of 8 Kind of Service: Electric Part IV. Policy Schedule No. 9 Class of Service: All Docket No.: U Order No.: 16 Effective: 6/16/ AGREEMENTS FOR ELECTRIC SERVICE - NONRESIDENTIAL CUSTOMER'S RIGHT TO CANCEL AGREEMENT FOR ELECTRIC SERVICE OR SUSPEND OPERATIONS Unless Company has made an out of the ordinary investment, or has a specific contract to provide service to customer for a term of years, under the Agreement for Electric Service, customer, after giving 10 days written notice and receiving Company's written approval, may suspend operation if no electric service is required during the period of suspension of operation. In the event of such suspension of operation, the expiration date of the Agreement for Electric Service shall be extended for a period of time equal to the period of suspension of operation. Under like circumstances customer may give Company 30 days written notice of desire to cancel the Agreement, if due to permanent and total abandonment of operation, electric service is no longer required on the premises. If Company is satisfied that customer no longer requires any electric service, the Agreement may be canceled by Company, at its option, giving customer written acceptance of such notice of permanent and total abandonment COMPANY'S RIGHT TO CANCEL AGREEMENT FOR ELECTRIC SERVICE OR TO SUSPEND SERVICE The Company may terminate the Agreement For Electric Service pursuant to Section 6 of the APSC General Service Rules and for use of service in a manner prohibited by any of Company's applicable tariffs. Failure of Company to act at any time pursuant to the foregoing except as noted in GSR 6.09.A.(4), shall not affect any of the Company's rights hereunder or constitute a waiver of any remedy or defense afforded by law SUPPLYING AND TAKING OF ELECTRIC SERVICE CONTINUITY OF ELECTRIC SERVICE Company will use all reasonable diligence in providing a regular and uninterrupted supply of electric service, but does not guarantee the electric service against interruptions or irregularities. In case the supply of electricity shall fail, or be interrupted, or become defective through an act of God, or the public enemy, or state, municipal or other public authority, or because of accident, strike, or any other causes beyond the reasonable control of the Company, Company shall not be liable for such failure, interruption or defect. THIS SPACE FOR PSC USE ONLY

13 2"d Revised Sheet No. P9.4 Schedule Sheet 4 of 8 Replacing: 1st Revised Sheet No. P9.4 Entergy Arkansas, Inc. Name of Company Kind of Service: Electric Class of Service: All Docket No.: U Order No.: 16 Part IV. Policy Schedule No. 9 Effective: 6/16/07 Title: PSC File Mark Only INTERRUPTION OF ELECTRIC SERVICE FOR REPAIRS AND CHANGES When necessary to make repairs to or changes in Company's plant, transmission or distribution system, or other property, Company may, without incurring any liability, interrupt electric service for such periods as may be reasonably necessary. Company will notify customer in advance of such interruption whenever possible. There shall be no reduction of demand, minimum or similar charges for months in which such interruptions do not exceed an aggregate of twenty-four hours. There shall be a pro rata reduction in such charges for months in which such interruptions do exceed that amount, which reductions shall be liquidated damages to customers for all defaults of Company in electric service rendition USE OF ELECTRIC SERVICE Customer shall use service only for the purpose specified in the Agreement for Electric Service and in accordance with the provisions of the Rate Schedule designated therein. In no case shall customer extend or connect his installation to lines across or under a street, alley, lane, court, avenue or other public space in order to obtain electric service for adjacent property through one meter even though such adjacent property be owned by customer unless such extension is made pursuant to Arkansas Public Service Commission General Service Rule (GSR) 5.20., Separate Metering and Billing. Company shall have the right to refuse to commence or to continue electric service whenever it appears that customer's installation is not in good operating condition. Company does not in any event assume any responsibility whatever in connection with any hazards or injury caused by the customer's failure to maintain the customer's installation CUSTOMER'S RESPONSIBILITY Customer assumes all responsibility on customer's side of the point of delivery for the electric service supplied or taken, as well as for the electrical installation, appliances and apparatus used in connection therewith, and shall save Company harmless from and against all claims for injury or damage to persons or property occasioned by or in any way resulting from such electric service or the use thereof on customer's side of the point of delivery. Company does not in any event assume any responsibility in connection with such matters. Customers that have On-Site Generation facilities shall not operate such facilities in parallel with the facilities of the Company unless all of the safety and technical requirements of the Company's published policies on parallel operation of generation are satisfied and the customer has executed a written agreement covering such parallel THIS SPACE FOR PSC USE ONLY

14 2nd Revised Sheet No. P9.5 Schedule Sheet 5 of 8 Replacing: 1st Revised Sheet No. P9.5 Entergy Arkansas, Inc. Name of Company Kind of Service: Electric Class of Service: All Docket No.: U Order No.: 16 Part IV. Policy Schedule No. 9 Effective: 6/16/07 Title: PSG File Mark Only operation and the proper coordination of protective devices. The reasonableness of the Company's published policies, or any portion thereof, shall be subject to review by the Commission upon petition by the customer. Such customers shall be solely responsible for providing protective devices to disconnect their facilities from those of the Company when a disturbance on the Company's system results in their generation becoming isolated from the Company's generation RIGHT OF WAY Without reimbursement customer shall make or procure conveyance to Company of right of way (to include licenses for franchises, if essential) for all Company owned distribution facilities whether installed by Company, purchased by Company or contributed to Company by customer and for all future extensions and modifications to such facilities, satisfactory to Company for Company's extension and shall protect Company in its peaceful use and occupancy of such right of way CUSTOMER'S INSTALLATION COMPLIANCE WITH RECOGNIZED STANDARDS Customer's installation shall meet or exceed all requirements of the National Electrical Code and all state and local regulations applicable thereto, at the time of such installation SERVICE FROM COMPANY In all cases where new installations or alterations and additions to existing installations are to be made, Company shall be consulted as to the location of all service connections and/or meters and metering equipment. The Company shall also be consulted regarding the size and character of load to be connected or added and the characteristics of service to be supplied. The point of attachment of Company's facilities to the customer's building and the nature and characteristics of service will be given in writing for all new installations and for alterations or additions to existing installations. The Company will not be responsible for re-work when such information is given orally NATURE AND USE OF INSTALLATIONS Customer will select and operate his equipment in such manner that it will not adversely affect Company's electric service either to the customer or to others. When Company supplies three phase service, the customer will control his use of the electric service so that the load at the point of delivery will be maintained in reasonable electrical balance between the phases. THIS SPACE FOR PSC USE ONLY

15 2nd Revised Sheet No. P9.6 Replacing: 1st Revised Sheet No. P9.6 Entergy Arkansas, Inc. Name of Company Schedule Sheet 6 of 8 Kind of Service: Electric Class of Service: All Part IV. Policy Schedule No. 9 Title: Docket No.: U Order No.: 16 Effective: 6/16/07 PSC File Mar1< Only Customer will so select and operate his equipment as to maintain a power factor of not less than 90% at the point of metering. Company may, at its option, install meters or others instruments to measure the kilovolt-ampere demand or power factor or for other tests. If Company, at its option, installs kva demand metering the kw demand as measured may be adjusted to correspond to the customer's maximum kva demand GROUNDING Customer shall be responsible for the installation and maintenance of an electrical ground which meets or exceeds all requirements of the National Electrical Code, and all state and local regulations applicable thereto at the time of such installation for grounding the neutral buss of the service entrance panel, main disconnecting switch or main circuit breaker COMPANY'S INSTALLATION INSTALLATION AND MAINTENANCE Except as otherwise provided in these Service Regulations, in Agreements for Electric Service or Rate Schedules, Company will install and maintain its lines and equipment on its side of point of delivery. Company shall not be required to install, inspect, or maintain any lines or equipment except meters on customer's side of the point of delivery. Only Company's employees or its designees are authorized to connect Company's service drop to customer's service terminals PROTECTION BY CUSTOMER Customer shall protect Company's wiring and apparatus on customer's premises and shall permit no one but Company employees or persons authorized by law to inspect or handle same. In the event of any loss or damage to the Company's property arising out of carelessness, neglect, or misuse by customer or other unauthorized persons, the cost of making good such loss or repairing such damage shall be paid by customer. All wiring and apparatus supplied by Company, purchased by Company or contributed to Company by customer shall remain its property, and if in customer's possession, shall on termination of Agreement for Electric Service be returned to Company by customer in as good condition as when received by customer, ordinary wear and tear excepted. Company may at any time examine, change or repair its property on the premises of customer and may remove its property upon or at any time after termination of Agreement for Electric Service. THIS SPACE FOR PSC USE ONLY

16 2nd Revised Sheet No. P9. 7 Replacing: 1st Revised Sheet No. P9.7 Entergy Arkansas, Inc. Name of Company Schedule Sheet 7 of 8 Kind of Service: Electric Class of Service: All Part IV. Policy Schedule No. 9 Title: 9.7. METERING INSTALLATION Docket No.: U Order No.: 16 Effective: 6/16/07 PSC File Mark Only The Company will furnish, install, own, and maintain all meters and metering equipment except as noted below. A. Customer will furnish and install at the agreed upon location the meter enclosure for any single or three phase service connection of 320 Amperes or less. B. Company will furnish and customer will install at the agreed upon location the meter enclosure and current transformers (does not include the current transformer enclosure) for all service connections requiring instrument rated transformers. All equipment supplied by customer must be to Company specifications. No retail customer will furnish or install any meter or other measuring device for the purpose of measuring electric service for resale to any person, firm, corporation, association, or to any third party EVIDENCE OF CONSUMPTION The registration of Company's meter shall be accepted and received at all times and places as prima facie evidence of the amount of service taken by customer BILLING BILLING PERIODS Customarily bills for electric service supplied will be rendered at regular intervals. Nonreceipt of bills by customer shall not release or diminish the obligation of customer with respect to payment thereof. Bills for service periods of less than 25 days or greater than 35 days shall be prorated except for initial or final service periods. Initial and final bills will be prorated for determining blocking only; the Customer Charge will not be prorated on any bill UNAUTHORIZED USE OF ELECTRIC SERVICE If electric service has been suspended, or the Agreement For Electric Service terminated, because of unauthorized use or disposition of such electric service by customer, Company shall be entitled to collect from customer at the appropriate rate for any electric service not properly recorded on the meter (the amount of which may be estimated by Company from the best available data), and also for all expenses incurred by Company on account of such unauthorized act or acts. THIS SPACE FOR PSC USE ONLY

17 3'd Revised Sheet No. P9.8 Schedule Sheet 8 of 8 Replacing: 2nd Revised Sheet No. P9.8 Entergy Arkansas, Inc. Name of Company Kind of Service: Electric Class of Service: All Docket No.: U Order No.: 16 Part IV. Policy Schedule No. 9 Effective: 6/16/07 Title: SELECTION OF RATE SCHEDULE PSC File M ar1< Only When a prospective customer makes application for electric service, the Company will upon request assist in the selection of the rate schedule most favorable to customer for the electric service requested. The selection will be based on the prospective customer's statement as to the class of electric service desired, the amount and manner of use, and any other pertinent information, which statement will be recorded and filed with the application. Company shall not be liable for any errors in connection herewith. A customer being billed under one of two or more optional schedules applicable to his class of electric service may elect to be billed on any other applicable schedule by notifying Company in writing, and Company will bill customer under such elected schedule from and after the date of the next meter reading. However, a customer having made such change of schedule may not make another such change within the next twelve months ALTERATION OF ADEQUATE COMPANY FACILITIES AT CUSTOMER'S REQUEST Alteration of existing adequate Company facilities at the customer's request shall be performed only if the customer pays the Company in advance of construction for the entire Company estimated cost of such alteration less any salvage value. THIS SPACE FOR PSC USE ONLY