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TRANSMISSION PLANNING DATA SERVICES AGREEMENT <br />BETWEEN <br />CITY OF SAN MARCOS <br />AND <br />LOWER COLORADO RIVER AUTHORITY <br />This Transmission Planning Data Services. Agreement ( "Agreement ") is made and <br />entered into this day of , 20 / , by and between the City of San Marcos, a <br />Municipal Government Entity in Texas ( "San Marcos" or "Owner "), and Lower Colorado River <br />Authority, a conservation and reclamation district of the State of Texas ( "LCRA ") each <br />sometimes hereinafter referred to individually as "Party" or both referred to collectively as <br />"Parties ". <br />RECITALS <br />A. WHEREAS, San Marcos, the Electric Reliability Council of Texas Independent System <br />Operator ( "ERCOT ISO ") and the Lower Colorado River Authority entered into a Market <br />Participant Agency Agreement dated January 31, 2001 ( "ERCOT Market Agreement 2001" or <br />"Exhibit A "); <br />B. WHEREAS, in accordance with the assigned rights and obligations of the ERCOT <br />Market Agreement 2001, LCRA through its transmission business unit has been providing <br />transmission planning - related data to ERCOT on behalf of San Marcos for the Owner's electric <br />utility transmission functions; <br />C. WHEREAS, personnel of LCRA's transmission business unit serve . as the operating <br />personnel for LCRA's regulated Transmission Service Provider company, LCRA Transmission <br />Services Corporation ( "LCRA TSC ") and that entity is a North American Electric Reliability <br />Corporation ( "NERC ") registered Transmission Planner ( "TP ") and Transmission Owner (TO) <br />(NCR04091, 06/28/2007) and for the transmission facilities it represents is responsible for <br />certain TP and TO requirements within the ERCOT ISO; <br />D. WHEREAS, San Marcos is a NERC registered Distribution Provider ( "DP ") and Load <br />Serving Entity ( "LSE ") (NCR10189, 12/19/2007, and 04/12/2010 respectively) and is <br />responsible for its energized electrical assets within the ERCOT ISO; <br />E. WHEREAS, San Marcos desires LCRA to continue to serve as its ERCOT Market Agent <br />pursuant to the authority granted in the ERCOT Market Agreement 2001 of January 31, 2001. <br />Transmission Planning Data Services Agreement, City of San Marcos — LCRA <br />Page 1 of 10 <br />