EX-10.18-K·CIK 1640384·0001193125-26-414991

EX-10.1

View original filing on SEC EDGAR → ·  seen Oct 06, 2026, 08:30 EDT

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FILING DETAILS

Filer
POWERCOMPUTE, INC.
Period of report
Oct 06, 2026
Filed
Oct 06, 2026
SEC file no.
001-37605
State of inc.
DE
SIC
6199
Location
TAMPA, FL

INDUSTRIALPOWERCONTRACT

Between

USDigitalMiningMississippiLLC And

ColumbusLightandWater

Date: September 16, 2026 Contract No.:217260-136802-2 THISCONTRACT,madeandenteredintobyandbetweenUSDigitalMiningMississippiLLC

(“Company”),acorporationcreatedandexistingunderandbyvirtueofthelawsoftheStateofMississippi, andColumbus Light andWater (“Distributor”),amunicipalitycreatedandexistingunder andbyvirtue of the laws of the State of Mississippi;

W I TNESSETH:

WHEREAS,Companyisconstructingfacilitiesat:249DatcoIndustrialDrive,Columbus,Mississippi; andhasrequestedthat Distributorsupplythefirmpowerandenergy requirementsforsaidfacilities;and

WHEREAS,CompanyandDistributorwishtoagreeuponthetermsandconditionsunderwhicha specified amount of firm power will be made available by Distributor to Company for the operation of Company’sfacilities;

NOW,THEREFORE,forandinconsiderationofthepremisesandofthemutualagreements set forth below, the parties agree as follows:

ARTICLE1 SCOPE

DistributorwillsupplyelectricpowerandenergytoCompany,andCompanywillpurchase,receiveand pay Distributor for such electric power and energy in accordance with this Contract.

ARTICLE2

EFFECTIVEDATE,TERMANDTERMINATION

2.1

EffectiveDate

This Contract shall become effective as of 0000 hours Central Prevailing Time on October 1,2026;provided,however,thattheprovisionsofthisContractforthedeliveryofpowerand energy shall be effective on the date the Distributor Facilities(as defined in Section 5.1) and the facilities to be constructed by the Company necessary to take delivery of power and energy are completed and placed into service (“In-Service Date”).

2.2

TermandTerminationofContract

This Contract shall continue in effect for an initial term of five years from the In-Service Dateand maybeterminatedbyeitherpartyfollowingone(1)yearwrittennoticetotheotherparty.Suchone

(1) year notice to terminate can be given atany time following year five (5) of the initialterm. Arenewal of five (5) years as agreed upon by both parties.

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Further,itisalsoexpresslyrecognizedthatthisContractmaybeterminatedbyDistributor,orpower supply from Distributor under this Contract may be suspended, in accordance with the Distributor Policies and Procedures attached hereto in Exhibit D.

If Company should give notice of termination hereunder, Distributor shall be under no obligation from the date of receipt of such notice to make or complete any additions to or changes in any transformationordistributionfacilitiesforservicetoCompanyunlessCompanyagreestoreimburse Distributor for its non-recoverable costs in connection with the making or completion of such additions or changes.

2.3

EarlyTerminationApplicability

If either partyterminatesthisContractpriortotheexpirationoftheinitialterminamannernot consistent with Section 2.2 (Term and Termination of Contract) including termination by the Company beforecompletionof the fourth(4th) year of the initial term,or without providing at least one (1) year prior written notice—an Early Termination Penalty shall apply.

2.4.CalculationofPenalty

The Early Termination Penalty shall be equal to (i) all fixed and demand-related charges that would have been payable for the remaining portion of the initial term, based on the Customer’s average monthly billing during the preceding twelve (12) months; and (ii) any direct costs incurred by the Distributorasaresultofearlytermination,includingbutnotlimitedtopurchasedpowerobligations, transmission or capacity commitments, and other non-recoverable expenses reasonably attributable to the Contract.

2.5

PaymentofPenalty

The Early Termination Penalty shall be invoiced by the Distributor and shall be due and payable within thirty(30) days following theeffective date oftermination. Any unpaid amountsare subject to the provisions as specified in Exhibit A (Large Data Service Rate- Schedule DCB) of this Contract.

2.6

Limitation

NoEarlyTerminationPenaltyshallapplyif termination occursaftercompletionof thefourth(4th) year of the initial term and in accordance with the one (1) year notice provisions of Section 2.2 (Term and Termination of Contract).

ARTICLE 3 POWERSUPPLY

3.1

On-peakContractDemand

DistributorwillmakeavailabletoCompany300kWoffirmpowerduringthehoursdesignatedason-peak hours in the Rate Schedule, which amount shall be the “onpeak contract demand.”

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3.2

Off-peakContractDemand

Distributor will make available to Company 11,000 kWof firm power during the hours designatedas off-peakhours intheRate Schedule,whichamountshall bethe“off-peakcontract demand.”

3.3

MaximumContractDemand

This contract allows a maximum demand not exceeding 11,000 kW. The Company shall not take electricpowerinexcessofsuchmaximumdemandexceptbyagreementofDistributor,butnothing herein contained shall be construed to relieve Company of the obligation to pay for such amounts of electric power as may actually be taken.

ARTICLE4 RATES

4.1

RateSchedule

RateScheduleshallmeantheDistributor’sLarge DataServiceRate,ScheduleDCB, whichisattachedtoandmadeapartofthisContractasExhibitA,asitmaybe modified, changed, replaced, or adjusted from time to time as provided under contractual arrangements between Distributor and TVA, Distributor’s supplier of power.

The powerandenergymadeavailablefor Companyhereunder shall be purchasedand paid forby Company in accordance with the provisions of said Rate Schedule.

4.2

Meter-ReadingTime

Meter-Reading Timefor any calendar month shall mean 0000 hours Central Prevailing Time (“CPT”) on the first day of the following calendar month, except that Distributor may change the time and date of the meter reading upon notice to Company.

4.3

MonthlyPaymentofCharges

Company shall pay Distributor monthly for power and energy available under this Contract. Each andeverychargeandpaymentprovidedforunderthisContractshallbeseparateandcumulativeand except as otherwise provided shall be in accordance with the rates and provisions of the RateSchedule.

4.4

MinimumBill

Theminimumbillforpowerandenergyforanybillingperiodshallbetheminimumbillspecified in the Rate Schedule.

4.5

Conflicts

In case of conflict between the Rate Scheduleand the body of this Contract, the Contract shall control. In case of conflict between the Rate Scheduleand the Rules and Regulations, the RateScheduleshall control.

ARTICLE5

FACILITIESARRANGEMENTSANDRECOVERYOFCAPITALCOSTS

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5.1

FacilitiesArrangements

Exhibit B(Power SupplySingleLine) isattachedtoandmadeapart of thisContract.Exhibit Bisa configuration sketch which depicts, at a very high level, the major equipment and facilities to be installed by the Distributor. Distributor will install, own, operate, and maintain the substation, distribution facilities and related improvements necessary to transform the power and energy from 13,090 volts to the service voltages indicated in paragraph 6.1 below as shown on Exhibit B (“Distributor Facilities”). The Distributor Facilities include facilities to provide electric service to Company(whichwillbepaidforbyCompanyasprovidedbelow)andfacilitiestoserveDistributor’s electric system(which will not be paid for by Company). The In-Service Dateshall be on or before September 16, 2025.

5.2

CapitalCosts

5.2.1

Capital Costs.Capital Costs shall be defined as the actual cost of constructing the DistributorFacilities.CapitalCostsshallbethetotalofthefollowing:a)costofequipment purchased by Distributor for the Distributor Facilities (“Distributor PurchasedEquipment”); b) construction costs to erect and install equipment in the Distributor Facilities, including the cost of equipment and materials provided by the Contractor (“ConstructionCosts”);c)costofsurveying,engineering,andconstructionadministration; and d) cost of final acceptance testing and commissioning.

5.2.2

Determination of Capital Costs. Distributor has allocated the estimated cost of the Distributor’s Facilities between the Company and Distributor as shown in Exhibit C. The Company’s share of such costs (the “Company’s Capital Costs”) is to be paid by the Company. The Company’s Capital Costs are estimated to be $0.

5.3

Default

In the event Company fails to perform any of its obligations under the terms of this Contract, including but not limited to failing to make any payment due under the terms of this Contract, then Company shall be in default. Distributor may make written demand on Company to cure any such default and Company shall have a period of thirty days to cure any such default. If Company cures the default within thirty (30) days from receipt of the demand from Distributor, then this Contract shall remain full force andeffect. In the event Company does not cure the default within thirty (30) days upon receipt of the demand, then this Contract shall terminate and Distributor may pursue collection of costs and expenses as provided for herein.

In the event of termination for default, Company shall also be liable for all damages incurred by Distributor caused by Company's default and costs and expenses of pursuing collection of any and all sums due Distributor including reasonable attorney's fees.

Demand for purposes of this Contract shall be deemed made when Distributor delivers or mails a written demand to cure default either by personal delivery, by United States Mail, or by other expedited delivery to the address provided by the Company for Notices to be sent as set out in this Contract. Notice shall also be deemed to have been given in the event such delivery or mail comes back "refused" or "non-deliverable" from such address.

ARTICLE 6 CONDITIONSOFDELIVERY

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Jeff Atwell

2024-06-17 21:07:00

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Corrected point of interconnection

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6.1

DeliveryPoint

The point of delivery for power and energymade available under this Contract shall bethe point of interconnection between the Distributor’s 13.09 kV load side primary bushings of each of Distributor’sprimarymeteringcurrenttransformersandtheCompany’s13.09kVprimaryoverhead conductors.

6.2

DeliveryVoltageandFrequency

The power made available at the Delivery Point specified in this Contract shall be in the form of three-phasealternatingcurrent,13.09kVnominal,andatafrequencyofapproximately60hertz.To avoid unusual fluctuations or disturbances on Distributor’s system, Company shall meet the minimum requirements specified by Distributor for voltage flicker, harmonics (such as harmonic current distortion), and other electrical characteristics consistent with generally accepted electric utility industry practices (such as ANSI C84.1 – 2020, American National Standard for Electric Power Systems and Equipment – Voltage Ratings (60 Hertz) and IEEE 519-2022 Standard for Harmonic Control in Electric Power Systems).Company shall provide, at its expense, suitable apparatus that will reasonably meet such Distributor requirements.

Maintenance by Distributor at the Delivery Pointof the above-stated frequency and voltage within the above-stated limits shall constitute availability of power for purposes of this Contract.

6.3

PhaseBalancing

Company shall endeavor to take and use power and energy in such manner that the current will be reasonablybalancedonallthreephases.Intheevent that anycheckindicatesthatthecurrent onthe mostheavilyloadedphaseexceedsthecurrentoneitheroftheotherphasesbymorethan twenty percent (20%), Company shall make at its expense, upon request by the Distributor, the changes necessary to correct the unbalanced condition. If an unbalanced condition is not corrected within 60days,orsuchother periodasmay be agreedupon, Distributormayelecttometertheload on individual phases and compute the total demand as being equal to three (3) times the maximum kWloadonanyphase.ForallpurposesunderthisContract,theloadonanyphaseshallbetheload measured by a wattmeter connected with its current coil in that phase wire and its potential coil connected between that phase wire and the neutral voltage point.

6.4

ProtectiveEquipment

Distributor shall not be obligated to provide equipment for the protection of Company’s lines, facilities,orequipment,butDistributormayprovidesuchprotectiveequipmentasitdeemsnecessary fortheprotectionofitsownpropertyandoperations.TheelectricalequipmentinstalledbyCompany shall, in Distributor's sole judgment, be capable of satisfactory coordination with any protective equipmentinstalledbyDistributor.Companyshallexerciseallreasonableprecautionsandinstallall equipmentnecessarytolimititstotaldemandtotheamounttowhichitisentitledunderthisContract.

6.5

Facilities

Company grants to Distributor for its use and without cost, such rights in, on, over, and across Company’s property as may be necessary or desirable to permit the maintenance, operation, repair, andreplacementofDistributor’selectricalfacilitiesrequiredtoserveCompany.Suchrightsshallbe subject to Company’s safety and security rules and regulations, which are provided to Distributor. Notwithstanding anything in this Contract which might be construed to the contrary, any of the electric substation facilities used in supplying power to Company under this Contract may be used in serving other loads in any manner which Distributormay deem necessary or desirable; provided, however,thatinexercisingsuchrightofingressandegresstheDistributorwilluseregularly

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established roads or passageways and provide the Company the names of individuals entering the Company's property.

6.6

Metering

6.6.1

Determination of Power and Energy. Distributor shall be responsible for the installation and maintenance of the meters and associated equipment which in Distributor's judgment are needed to determine the amounts of power and energy used by Company.

6.6.2

MeteringOutputs.ShouldCompanydesireaccesstowettedcontact“kyz”pulsemetering outputs from the Distributor’s metering installation for such purposes as monitoring and loadcontrol; TVAandDistributorare willingto makesuch access availableto Company. Accordingly, Distributor may, if requested by Company in writing, provide and install at Company’s expense such additional facilities as are necessary for Company to access to “kyz” pulse metering outputs at the Distributor’s metering installation.

6.6.2.1

Noninterference with Metering. In exercising access to metering outputs Company shall not interfere with any operation, use of, or access to the meteringinstallationbyDistributororTVA.InthisregardCompanyagreesto immediately modify its facilities and operations in any manner as may be requested by Distributor or TVA to avoid any such interference.

6.6.2.2

No Warranty of Outputs. Neither Distributor nor TVA makes any statement, representation, claim, guarantee, assurance, or warranty of any kind whatsoever, including, but not limited to, representations or warranties, express or implied, (a) as to the accuracy or completeness of the metering outputs or as to such outputs' merchantability or fitness for any purposes for which Company uses or will use them or (b) as to quantity, kind, character, quality, capacity, design, performance, compliance with specifications, condition,size,descriptionofanyproperty,merchantability,orfitnessforany use or purpose of any facilities through which the metering outputs are supplied.Companyherebywaives,andreleasesDistributor,theUnitedStates of America, TVA, and their agents and employees from, any and all claims, demands, or causes of action, including, without limitation, those for consequential damages, arising out of or in any way connected with Company's use of the metering outputs.

6.7

ConditionsofDelivery

Company shall not use electric service furnished by Distributor in such a manner as to cause excessive voltage fluctuations or distortions on Distributor’s electric system. Example sources of excessive voltage fluctuations and distortions shall include but are not limited to motor loads and processeswhichcauseflicker,harmonicproducingloads,andcapacitorapplicationsinteractingwith the Distributor’s system. Company shall not install and operate equipment that creates harmonic current or transients that cause excessive distortion to Distributor’s sinusoidal voltage waves. Determination of Company generated voltage fluctuations and waveform distortion will be made solely at Distributor’s discretion, by Distributor, based on standards and policies adopted by Distributor.Distributormay,asaconditionofprovidingservice,orasaconditionofcontinuanceof service, require Company at Company’s own expense to provide suitable apparatus that will limit such fluctuations and distortions to levels deemed appropriate by Distributor. In the event of Company’s inability or refusal to remedy or rectify Distributor’s concerns, Distributor may discontinue service.

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Added pandemic

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It is also expressly recognized that the electric power and energy supplied under this Contract are supplied upon the condition that after they pass the Delivery Point, the power and energy become the responsibility of the Company. Accordingly,

6.7.1

Distributor shall not be liable for loss or damage to any person or property whatsoever, resultingdirectlyfromtheuse,misuse,orpresenceofsaidelectricpowerandenergyafter its Delivery Point, except to the extent that in the absence of this item Distributor would otherwise be liable for such loss or damage if it is shown to have been occasioned by the negligence or legal fault of Distributor or its agents or employees; and

6.7.2

Company shall not be liable for loss or damage to any person or property whatsoever, resultingdirectlyor indirectlyfromthe use,misuse orpresenceofsaidelectric power and energy prior to the Delivery Point, except to the extent that in the absence of this item Company would otherwise be liable for such loss or damage if it is shown to have been occasioned by the negligence or legal fault of Company or its agents oremployees.

6.8

InterferenceWithAvailabilityofPower

The term "force majeure" shall be deemed to be a cause reasonably beyond the control of Distributor andTVA,suchas,but without limitationto,injunction,administrativeorder,strikeof employees, war, invasion, pandemic, fire, accident, floods, backwater caused by floods, acts of God,orinabilitytoobtainorshipessentialservices,materials,orequipmentbecauseoftheeffect of similar causes onsuppliers or carriers. Acts of God shall include without limitation the effects of drought if the drought isof such severity asto havea probability of occurrencenotmore often than an average of once in forty (40) years.

It is recognized by the parties that the availability of power to Company may be interrupted or curtailed from time to time during the term of this Contract because of force majeure or otherwise. Company shall be solelyresponsible for providing andmaintainingsuchequipment in its plant and such emergency operating procedures as may be required to safeguard persons on its property, its property,anditsoperationsfromtheeffectsofsuchinterruptionsorcurtailments.Companyassumes all risk of loss, injury, or damage to Company resulting from such interruptions or curtailments.

ARTICLE 7 POLICIESANDPROCEDURES

TheelectricpowerandenergymadeavailabletotheCompanybytheDistributorunderthisContractshall be delivered, taken, and paid for in accordance with the terms of this Contract and the Policies and Procedures (asamended,supplemented,orreplaced), attachedheretoinExhibit Dand herebymadea part hereof. In the event of any conflict between the provisions of the Distributor Policies and Procedures and the other provisions of this Contract, the latter shall control.

SECTION 8 INSURANCES

BothCompanyandDistributorshallmaintain,infullforceandeffectfortheentiretermofthisAgreement, Liability Insurance for Personal Injury and Property damage. A copy of Company’s and Distributor’s respectiveCertificatesofInsuranceare attached heretoin ExhibitE. Company hastherighttorequestand theDistributorfurnishtheCompanyanup-to-dateCertificateofInsuranceuponrequest.Correspondingly, Distributor has the right to request and the Company furnish the Distributor an up-to- date Certificate of Insurance upon request.

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SECTION 9 INCORPORATIONOFAPPENDICES

TheattachedAppendicesaremadeapartofthisContract.Intheeventofanyconflictbetweenthebody of this Contract and the Appendices, the Contract shall control.

ARTICLE 10 ASSIGNMENTOFCONTRACT

CompanyshallnotassignthisContractwithoutwrittennotificationtoDistributor.

ARTICLE11 WAIVERS

Awaiverofoneormoredefaultsshallnotbeconsideredawaiverofanyotherorsubsequentdefault.

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ARTICLE 12DUPLICATEORIGINALS

AnynumberofduplicateoriginalsofthisContractmaybeexecuted,andallsuchduplicatesshall constitute but one and the same instrument.

ARTICLE13 NOTICES

13.1

PersonstoReceiveNotice

AnynoticerequiredbythisContractshallbedeemedproperlygivenifmailed,postageprepaid,or emailed and confirmed by telephone call, to:

ToddLiebel,VicePresident

US DigitalMiningMississippi LLC 1200 W. Platt Street Suite 100

Tampa, FL 33606 TLiebel@Power-Compute.com941-993-7577

on behalfofCompany;orto

AngelaVerdell,GeneralManager PO Box 949

Columbus MS 39703 Averdell@columbus-lw.com 662-328-7192

onbehalfofDistributor.

13.2

ChangesinPersonstoReceiveNotice

Thedesignationofthepersontobesonotified,ortheaddressofsuchperson,maybechangedat any time and from time to time by either party by similar notice.

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INWITNESSWHEREOF,thepartiestothisContracthavecausedittobeexecutedbytheirduly authorized representatives, as of the day and year first above written.

USDigitalMining

By /s/ Todd Liebel

Name: Todd Liebel Title:VicePresident

Date

September 30, 2026

ColumbusLight&Water

By s/s Angela Verdell

Name: Angela Verdell Title:GeneralManager

Date 9/30/2026

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EXHIBITA

LARGEDATASERVICERATE-SCHEDULEDC

ExhibitA


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COLUMBUSLIGHT&WATER

LARGEDATASERVICERATES-SCHEDULEDC

(October2026)

Availability

These rates and requirements shall apply to the electric power requirements where (a) a customer’s currently effective onpeak or offpeak contract demand, whichever is higher, is greater than 5,000 kW, and (b) the major use of electricity is for activities conducted at the delivery point serving that customer which are (1) classified with 2022 North American Industry Classification System (NAICS) subsector codes 518 or 519 (but excluding 519210), (2) classified with 2022 NAICS codes 522320 or 541214,or(3)used,inTVA’ssolejudgment,fortheoperationofcomputationalequipment;providedthat the other conditions of this section are met.

ServiceunderthisratescheduleissubjecttoanycertificationrequirementsasTVAmayrequire. Any customer taking service under this rate schedule is subject to the Capacity Commitment

ChargeRider(“CCCRider”)foranyneworexpandedload.Priortotheeffectivedateofanycontractfor

new or expanded load, any charge calculated under the CCC Ridermust be paid by the customer to TVA in accordance with payment instructions and terms provided by TVA. Additionally, prior to entering into any contract for power for new or expanded load, Distributor must notify and consult with TVA. Distributor and customer will contract with TVA, as deemed necessary by TVA, to provide for any TVA-required conditions applicable to delivery of power and energy from TVA to Distributor and from Distributor to customer.Suchconditionsmayinclude,butarenotlimitedto,powerinterruptionprovisionsandoperating restrictions and guidelines, or installation of special power regulation equipment.

Unless otherwise provided for in a written agreement between TVA and the distributor providing service under this rate schedule, for customers served under this rate schedule, the customer’s “meter-reading time” shall be 0000 hours CST or CDT, whichever is currently effective, on the first day of the calendar month following the month for which a bill under this rate schedule is being calculated.Further, in accordance with TVA-furnished or TVA-approved guidelines or specifications, TVA shall have unrestrictedremoteaccesstothemeteringdataatalltimes,aswellasunrestrictedphysicalaccesstothe metering facilities for the purpose of confirming remotely-accessed data during such periods as are specified by TVA.

Foracustomerrequestingthatitsonpeakcontractdemandbedifferentfromitsoffpeakcontract demand, this rate schedule shall be available only for (1) a new contract, (2) a replacement or renewal contract following expiration of the existing contract, or (3) a replacement or renewal contract or an amended existing contract in which the customer is increasing its demand requirements above the existing contract demand level, but under this item (3) neither the new onpeak nor the new offpeak contract demand shall be lower than the customer's existing contract demand.

The DCB rates below shall apply to customers with an onpeak or offpeak contract demand, whicheverishigher,greaterthan5,000kW,butnotmorethan15,000kW;DCCratesbelowshallapplyto customers with an onpeak or offpeak contract demand, whichever is higher, greater than 15,000 kW, but not more than 25,000 kW; DCD rates below shall apply to customers with an onpeak or offpeak contract demand, whichever is higher, greater than 25,000 kW.

CharacterofService

Alternatingcurrent,single-orthree-phase,60hertz.Powershallbedeliveredatatransmission voltageof161kVor,ifsuchtransmissionvoltageis notavailable,atthehighestvoltageavailableinthe vicinity, unless at the customer's request a lower standard voltage is agreed upon.


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BaseCharges

ThebasechargesforDCB,DCC,andDCDaresetforthundertheBaseChargesAttachmentto the rate schedule.Any references to the Base Charges section forthis Schedule DC or the DCB, DCC, and DCD rates will be deemed to include the Base Charges Attachment.

Adjustment

Thebasedemandandenergychargesshallbeincreasedordecreasedinaccordancewiththe current Adjustment Addendum published by TVA.

FacilitiesRentalCharge

Thereshallbenofacilitiesrentalchargeunderthisrateschedulefordeliveryatbulktransmission voltage levels of 161 kV or higher.For delivery at less than 161 kV, there shall be added to the customer'sbillafacilitiesrentalcharge.Thischargeshallbe36¢perkWpermonthexceptfordeliveryat voltages below 46 kV, in which case the charge shall be 93¢ per kW per month for the first 10,000 kW and 73¢ per kW per month for the excess over 10,000 kW.Such charge shall be applied to the higher of

(1) the highest billing demand established during the latest 12-consecutive-month period or (2) the customer'scurrentlyeffectiveonpeakoroffpeakcontractdemand,whicheverishigher,andshallbein addition to all other charges under this rate schedule, including minimum bill charges.

ReactiveDemandCharges

Ifthereactivedemand(inkVAR)islaggingduringthe30-consecutive-minuteperiodbeginningor ending on a clock hour of the month inwhich the customer's highest metered demand occurs,there shall be added to the customer's bill a reactive charge of $1.46 per kVAR of the amount, if any, by which the reactive demand exceeds 33 percent of such metered demand.If the reactive demand (in kVAR) is leading during the 30-consecutive-minute period beginning or ending on a clock hour of the month in which the customer's lowest metered demand (excluding any metered demands which are less than 25 percent of the highest metered demand) occurs, there shall be added to the customer's bill a reactive charge of $1.14 per kVAR of the amount of reactive demand.Such charges shall be in addition to all other charges under this rate schedule, including minimum bill charges.

DeterminationofSeasonalPeriods

SummerPeriodshallmeantheJune,July,August,andSeptemberbillingmonths.WinterPeriod shall mean the December, January, February, and March billing months.Transition Period shall mean the April, May, October, and November billing months.

DeterminationofOnpeakandOffpeakHours

Except for Saturdays, Sundays, November 1, and the weekdays that are observed as Federal holidays for New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and ChristmasDay,Onpeakhoursforeachdayshallforpurposesofthisrateschedulebefrom1p.m.to7

p.m.duringthemonthsofApril,May,June,July,August,SeptemberandOctoberandfrom4a.m.to10

a.m. during the months of January, February, March, November, and December.For all other hours of each day and all hours of such excepted days shall be offpeak hours.Such times shall be Central Standard Time or Central Daylight Time, whichever is then in effect.Said onpeak and offpeak hours are subject to change by TVA.In the event TVA determines that such changed onpeak and offpeak hours areappropriate,itshallsonotifyDistributoratleast12monthspriortotheeffectivedateofsuchchanged hours.


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DeterminationofOnpeakandOffpeakDemands,MaximumMeteredDemand,andEnergy Amounts

The onpeak and offpeak kWh for any month shall be the energy amounts taken during the respective hours of the month designated under this rate schedule as onpeak and offpeak hours; provided, however, that notwithstanding the metered energy amount, the offpeak energy for any month shall in no case be less than the product of (1) the offpeak billing demand as calculated in the last paragraphbelowand(2)110hours(reflectinga15percentloadfactorappliedtotheaveragenumberof hours in a month).

Distributor shall meter the onpeak and offpeak demands in kW of all customers taking service underthisrateschedule.Theonpeakmetereddemandandoffpeakmetereddemandforanymonthshall be determined separately for the respective hours of the month designated under this rate schedule as onpeak and offpeak hours and, in each case, shall be the highest average during any 30-consecutive-minute period beginning or ending on a clock hour.

Except as provided below, (1) the onpeak billing demand shall be the highest onpeak metered demandinthemonth,(2)theoffpeakbillingdemandshallbethehighestoffpeakmetereddemandinthe month, and (3) the maximum billing demand shall be the higher of the onpeak billing demand or offpeak billing demand in the month.

The onpeak billing demand shall in no case be less than the sum of (1) 30 percent of the first 5,000kW,(2)40percentofthenext20,000kW,(3)50percentofthenext25,000kW,(4)60percentof

thenext50,000kW,(5)70percentofthenext100,000kW,(6)80percentofthenext150,000kW,and

(7)85percentofallkWinexcessof350,000kWofthehigherofthecurrentlyeffectiveonpeakcontract demand or the highest onpeak billing demand established during the preceding 12 months.

The offpeak billing demand shall in no case be less than the sum of (1) 30 percent of the first 5,000kW,(2)40percentofthenext20,000kW,(3)50percentofthenext25,000kW,(4)60percentof

thenext50,000kW,(5)70percentofthenext100,000kW,(6)80percentofthenext150,000kW,and

(7)85percentofallkWinexcessof350,000kWofthehigherofthecurrentlyeffectiveoffpeakcontract demand or the highest offpeak billing demand established during the preceding 12 months.

MinimumBill

Themonthlybillunderthisrateschedule,excludinganyfacilitiesrentalchargesandanyreactive charges, shall not be less than the sum of (1) the base customer charge and administrative charge, (2) the portion of the base demand charge, as adjusted, applicable to onpeak billing demand applied to the customer'sonpeak billingdemand,(3) theportionofthebasedemandcharge,as adjusted,applicableto maximum billing demand applied to the to the customer's maximum billing demand, (4) the base onpeak energy charge, as adjusted, applied to the customer's onpeak energy takings, and (5) the base offpeak energy charge, as adjusted, applied to the higher of customer's actual offpeak energy takings or the minimum offpeak energy takings amount provided for in the first paragraph of the section of this rate schedule entitled “Determination of Onpeak and Offpeak Demands, Maximum Metered Demand, and Energy Amounts.”Notwithstanding the foregoing, amounts calculated under any fuel cost adjustment


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thatisincludedintheAdjustmentAddendumshallnotbeappliedtoanybilledoffpeakenergythat exceeds the metered offpeak energy.

Excessdemandchargesareexcludedfromthiscalculation.

Distributormayrequireminimumbillshigherthanthosestatedabove,including,withoutlimitation, charges to cover any additional metering and related costs.

ContractRequirement

Distributor shall require contracts for all service provided under this rate schedule. The contract for customers served under DCB and DCC rates shall be for an initial term of at least 5 years and any renewals or extensions of the initial contract shall be for a term of at least 1 year; after 10 years ofservice, any such contract for the renewal or extension of service may provide for termination upon not lessthan4months’notice.ThecontractforcustomersservedunderDCDratesshallbeforaninitialterm of at least 5 years and any renewals or extensions of the initial contract shall be for a term of at least 5 years; after 10 years ofservice, any such contract for the renewal or extension of service may provide for termination upon not less than 16 months’ notice. The customer shall contract for its maximum requirements, which shall not exceed the amount of power capable of being used by customer, and Distributor shall not be obligated to supply power in greater amount at any time than the customer's currently effective onpeak or offpeak contract demand.If the customer uses any power other than that supplied by Distributor under this rate schedule, the contract may include other special provisions.The rate schedule in any power contract shall be subject to adjustment, modification, change, or replacement from time to time as provided under the power contract between Distributor and TVA.

Priortoenteringintoanycontractforpowerforneworexpandedload,Distributormustnotifyand consult with TVA. Distributor and Company will contract with TVA, as deemed necessary by TVA, to provide for any TVA-required conditions applicable to delivery of power and energy from TVA to Distributor and from Distributor to the customer.

The contract demand amounts and applicable rates specified in the contract may be adjusted by TVA as provided under this paragraph. For customers served under DCB, DCC, or DCD rates, beginning October 1, 2027, and occurring each October 1 thereafter, TVA will calculate the customer’s highest onpeak and offpeak billing demand, established in the preceding 36 months. In the event that the customer's onpeak and/or offpeak billing demand is below 75% of the onpeak or offpeak contract demand, which is higher, TVA will provide at least 60 days’ written notice of an adjustment to the onpeak and/or offpeak contract demands. Said adjustment to the onpeak and/or offpeak contract demands would beestablishedbydividingthecustomer’shighestonpeakoroffpeakbillingdemandfromthepreceding36 months by 0.75. Distributor will promptly notify the customer, in writing, of the adjusted contract demand amounts and the TVA-specified effective date. In the event the adjustment of the contract demand warrants the customer being served under a different rate schedule, the applicable rate schedule will be attached to said notice. Within 30 days of the date of the notice from TVA, Distributor may submit to TVA arequestforaone-year exemptionduetoforcemajeureor other events outsideofthecustomer’scontrol thatareimpactingtheonpeakoroffpeakbillingdemand.TVAwillapprovesuchrequestsolongas(1)the customer has previously met or exceeded 75% of its onpeak or offpeak contract demand, whichever is higher, and (2) customer demonstrates, to TVA’s satisfaction, customer’s plan for meeting or exceeding 75% of its contract demand.

The requirement set forth in preceding paragraph shall not apply to customers that have been suppliedwith service through a single-point of delivery for less than ten years. The requirement set forth in the preceding paragraph also shall not apply to federal customers whose primary use of power supports activities essential to national defense. For purposes of this provision, a customer’s use of powershallbeconsideredinsupportofnationaldefensewhenthepredominantuseofelectricitydirectly


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enablesactivities,operations,orfacilitiesdeterminedbyTVAtobedirectlytiedtonationaldefense needs.

Payment

Billsunderthisrateschedulewillberenderedmonthly.Anyamountofthebillthatisunpaidafter the due date specified on bill may be subject to additional charges under Distributor's standard policy.

FailurebythecustomertopaytoTVAanyamountdueundertheCCCRiderwillbedeemedafailureby the customer to have paid its power bill and all remedies available for non-payment of the power bill will be applicable for any amount due.

Single-PointDelivery

The charges under this rate schedule are based upon the supply of service through a single deliveryandmeteringpoint,andatasinglevoltage.Ifserviceissuppliedtothesamecustomerthrough more than one point of delivery or at different voltages, the supply of service at each delivery and metering point and at each different voltage shall be separately metered and billed.

ServiceissubjecttoRulesandRegulationsofDistributor.

(Thisspaceintentionallyleftblank)


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BaseChargesAttachment

Any customer taking service under this rate schedule is subject to the Capacity Commitment Charge Rider for any new or expanded load. Prior to the effective date of any contract for new or expandedload,anychargecalculatedundertheCapacityCommitmentChargeRidermustbepaidbythe customer to TVA in accordance with payment instructions provided by TVA.

As used in this BaseCharges Attachment, amounts designated in the format “Rate-FY27”, “Rate-FY28”, and “Rate-FY29+” shall be applied in the following manner: Rate-FY27 will be applicable for the period of October 2026 through September 2027; Rate-FY28 will be applicable for the period of October 2027throughSeptember2028;andRate-FY29+willbeapplicablefortheperiodofOctober2028onward. All rate amounts, regardless of whether they are in effect at the time, continue to be subject to the Adjustments section of this rate schedule.

DCB DCC DCD
CustomerCharge $1,500.00 $1,500.00 $1,500.00 perdeliverypointper month
AdministrativeCharge $350.00 $350.00 $350.00 perdeliverypointper month

DemandCharges

DCB-FY27($/kW) DCB-FY28($/kW) DCB-FY29+($/kW)
Summer Period OnpeakDemand 11.27 12.20 13.13 permonthofonpeakbillingdemand
Maximum Demand 1.81 1.96 2.09 permonthofmaximumbillingdemand
ExcessDemand 11.27 12.20 13.13 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.
Winter Period OnpeakDemand 10.19 11.02 11.87 permonthofonpeakbillingdemand
Maximum Demand 1.81 1.96 2.09 permonthofmaximumbillingdemand
ExcessDemand 10.19 11.02 11.87 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.
Transition Period OnpeakDemand 10.19 11.02 11.87 permonthofonpeakbillingdemand
Maximum Demand 1.81 1.96 2.09 permonthofmaximumbillingdemand
ExcessDemand 10.19 11.02 11.87 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.

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DCC-FY27($/kW) DCC-FY28($/kW) DCC-FY29+($/kW)
Summer Period OnpeakDemand 11.27 12.20 13.13 permonthofonpeakbillingdemand
Maximum Demand 1.30 1.45 1.58 permonthofmaximumbillingdemand
ExcessDemand 11.27 12.20 13.13 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.
Winter Period OnpeakDemand 10.19 11.02 11.87 permonthofonpeakbillingdemand
Maximum Demand 1.30 1.45 1.58 permonthofmaximumbillingdemand
ExcessDemand 10.19 11.02 11.87 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.
Transition Period OnpeakDemand 10.19 11.02 11.87 permonthofonpeakbillingdemand
Maximum Demand 1.30 1.45 1.58 permonthofmaximumbillingdemand
ExcessDemand 10.19 11.02 11.87 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.
DCD-FY27($/kW) DCD-FY28($/kW) DCD-FY29+($/kW)
Summer Period OnpeakDemand 11.27 12.20 13.13 permonthofonpeakbillingdemand
Maximum Demand 1.19 1.34 1.47 permonthofmaximumbillingdemand
ExcessDemand 11.27 12.20 13.13 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.
DCD-FY27($/kW) DCD-FY28($/kW) DCD-FY29($/kW)
Winter Period OnpeakDemand 10.19 11.02 11.87 permonthofonpeakbillingdemand
Maximum Demand 1.19 1.34 1.47 permonthofmaximumbillingdemand

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DCD-FY27($/kW) DCD-FY28($/kW) DCD-FY29($/kW)
ExcessDemand 10.19 11.02 11.87 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.
Transition Period OnpeakDemand 10.19 11.02 11.87 permonthofonpeakbillingdemand
Maximum Demand 1.19 1.34 1.47 permonthofmaximumbillingdemand
ExcessDemand 10.19 11.02 11.87 per month of the amount, if any, by which (1) the customer'sonpeakbillingdemandexceedsitsonpeak contract demand or (2) the customer’s offpeak billing demand exceeds its offpeak contract demand, whichever is higher.

EnergyCharges

DCB-FY27(¢/kWh) DCB-FY28(¢/kWh) DCB-FY29+(¢/kWh)
Summer Period OnpeakHours 6.084 6.595 7.106 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.484 3.781 4.077 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.22 0.248 0.275 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.011 0.022 0.031 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.484 3.781 4.077 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy

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Winter Period OnpeakHours 4.873 5.284 5.695 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.73 4.047 4.364 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.22 0.248 0.275 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.011 0.022 0.031 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.73 4.047 4.364 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy
Transition Period OnpeakHours 3.825 4.15 4.474 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.825 4.15 4.474 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.22 0.248 0.275 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.011 0.022 0.031 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.825 4.15 4.474 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy
DCC-FY27(¢/kWh) DCC-FY28(¢/kWh) DCC-FY29+(¢/kWh)
Summer Period OnpeakHours 6.111 6.625 7.138 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.36 3.646 3.933 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.374 0.414 0.454 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.374 0.414 0.454 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.36 3.646 3.933 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy

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DCC-FY27(¢/kWh) DCC-FY28(¢/kWh) DCC-FY29+(¢/kWh)
Winter Period OnpeakHours 4.856 5.266 5.676 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.605 3.912 4.218 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.374 0.414 0.454 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.374 0.414 0.454 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.605 3.912 4.218 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy
Transition Period OnpeakHours 3.701 4.016 4.33 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.701 4.016 4.33 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.374 0.414 0.454 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.374 0.414 0.454 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.701 4.016 4.33 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy
DCD-FY27(¢/kWh) DCD-FY28(¢/kWh) DCD-FY29+(¢/kWh)
Summer Period OnpeakHours 5.861 6.354 6.846 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.111 3.377 3.643 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.188 0.213 0.237 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.123 0.142 0.162 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.111 3.377 3.643 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy

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DCD-FY27(¢/kWh) DCD-FY28(¢/kWh) DCD-FY29+(¢/kWh)
Winter Period OnpeakHours 4.605 4.994 5.383 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.354 3.64 3.926 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.188 0.213 0.237 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.123 0.142 0.162 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.354 3.64 3.926 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy
Transition Period OnpeakHours 3.45 3.744 4.038 permonthforallmeteredonpeakkWh
OffpeakHours Block 1 3.45 3.744 4.038 per month for the first 200 hours use of metered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 2 0.188 0.213 0.237 permonthforthenext200hoursuseofmetered onpeakdemandmultipliedbytheratioofoffpeak energy to total energy
OffpeakHours Block 3 0.123 0.142 0.162 per month for the hours use of metered onpeak demandinexcessof400hoursmultipliedbytheratio of offpeak energy to total energy
MinimumOffpeak Energy 3.45 3.744 4.038 per month shall be applied to the portion, if any, of the minimumoffpeakenergytakingsamountthatisgreater than the metered energy

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CapacityCommitmentChargeRider

This Capacity Commitment Charge Rider (“Rider”) will be in addition to all charges applicable underthe“LargeDataServiceRates--ScheduleDC”towhichthisRiderisattached.Forapplicabilityof this Rider, a customer (served by either the Tennessee ValleyAuthority (“TVA”) or a Distributor under Schedule DC) is required to pay the Capacity Commitment Charge for new or expanded load if the customer meets one or more of the following criteria:

•

isanewcustomerthatwillbeservedbyTVAorbyaDistributoratanewend-usedelivery point and the power consumed by the customer meets the eligibility requirements in the “Availability” section of Schedule DC;

•

is a new customer that has acquired an existing end-use delivery point served byTVAor by a Distributorandthepowerconsumedbythenewcustomermeetstheeligibilityrequirementsin the “Availability” section of Schedule DC;

•

is an existing customer that repurposes its existing end-use delivery point that was most recently utilized to consume power that met the eligibility requirements for a rate schedule otherthanScheduleDCandthepowerconsumedbythecustomerattherepurposeddelivery point meets the eligibility requirements in the “Availability” section of Schedule DC; or

•

isanexistingcustomerrequestinganincreaseinthespecifiedcontractdemandforitsexisting end-use delivery point and the power consumed by the customer meets the eligibility requirements in the “Availability” section of Schedule DC.

Fornewloadrequests,theCapacityCommitmentChargewillonlyapplyabovethefirst5MWofcontract demand. Existing loads (as defined below) may request a one-time, location-specific, 5 MW or less waiver, of the Capacity Commitment Charge for load expansions.

Forcustomersthatmeettheeligibilityrequirementsinthe“Availability”sectionofScheduleDC,“Existing” load is not subject to the Capacity Commitment Charge.Acustomer’s load is considered “Existing” if:

•

acustomerhasreceivedTVABoardapprovalforpowersupplyarrangementsforanew load or expansion load prior to June 1, 2026; or

•

acustomer has an effective power contract for the new or expanded load with either TVAor a Distributor ofTVApower prior to October 1,2026, provided that any effective contractbetweenaDistributorandend-usecustomerwillonlybeconsidered“Existing” where proper coordination with TVAhas occurred in accordance with the wholesale power contract.

In the event (1) Distributor and a customer enter into a new power contract, or amend an existing power contract to increase power availability, and (2) the power consumed or to be consumed by the customer meets the eligibility requirements in the “Availability” section of Schedule DC, and (3) Distributor and/or CompanyhavenotproperlycoordinatedwithTVAasrequiredunderthepowercontractbetweenTVAand Distributor and otherTVA-established coordination policies and procedures, then the customer’s load will be considered new or expanded load and the provisions of this Rider will apply.

The Capacity Commitment Charge is a TVABoard-approved charge calculated on a per MW basis and representsthecostofbuildingtheadditionalgenerationassetsneededtoservethenextMWofcapacity (“Incremental Capacity Cost”) that would not be recovered through the rates provided in Large Data Service Rates -- Schedule DC. Capacity Commitment Charge payments are non-refundable.

At least once each fiscal year, the TVABoard will establish a specified MW amount of capacity available forthatfiscalyear(“CohortThreshold”)andapproveaCapacityCommitmentChargethatwillapplytothe Cohort Threshold until either (a) the Cohort Threshold is met or (b) the fiscal year passes and a new Capacity Commitment Charge is established and approved by the TVABoard for the next Cohort.

Availablecapacity(MW)ineachCohortThresholdwillbeappliedtocustomersonafirst-come,first-serve


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basis.Allcustomers whohavesecuredcapacity (MW) availableunder theCohortThresholdwillmakeup the “Cohort.”Each Cohort member will be subject to the same Capacity Commitment Charge and interruptionrequirementsestablishedbyTVA(currentlydesignatedaspowerinterruptionprovisions“PIP") until the date TVAno longer requires such interruption provisions (“Firm Generation Date”).

The customer will secure a spot in the then-current Cohort and the Capacity Commitment Charge for the Firm Generation Date will become fixed upon complete execution of the TVA-required contractual arrangements (under which there are Capacity Commitment Charge payment obligations) between TVA and the customer (and Distributor, if applicable). In the event customer fails to take power within five (5) yearsoftheFirmGenerationDate,thegreaterof1)theCapacityCommitmentChargebasedontheFirm Generation Date, or 2) the then-current Capacity Commitment Charge, will apply.

For fiscal year 2027, the first CohortThreshold is 2,000 MW (“Cohort 1”), and the Capacity Commitment Charge is $1.521 million/MW. Specific PIP requirements required by TVAwill be set forth in any TVA-required contractual arrangement necessary for service to the customer. Future Cohort Thresholds and theapplicableCapacityCommitmentChargewillbedeterminedbytheTVABoardandappliedassetout above.Future Cohort members will be subject to any interruption requirements established by TVA.

For initial implementation, the Capacity Commitment Charge will not apply to new or expanded load requests100MWorlessthataredeemedtobe“inflight”inaccordancewithcriteriaestablishedbyTVA. Inflight load requests will be subject to the same PIP requirements established by TVAfor Cohort 1.


ExhibitB

EXHIBITB

POWERSUPPLYSINGLELINE


ExhibitB

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OVERHEAD LINE

TRANSOWNED

BVCLW

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PRIVATERECLOSURE

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MAINLINE


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�URO

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ExhibitB

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ITAPITAP

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ISPRIVATELYOWNEDFROMMETERPOLE

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MAINFEED

SERVEDFROM IN0214

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PADMOUNTPADMOUNTPADMOUNT

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ExhibitC

EXHIBITC

POWERSUPPLYCOST ESTIMATE

(NotApplicable)


ExhibitD

EXHIBITD

DISTRIBUTORPOLICIESANDPROCEDURES


C.Olumbus=6

Lightwater

Cityof Columbus,MS, Light and Water Department Schedule of Rules and Regulations

ApprovedbyBoardon 4/21/16 EFFECTIVE 5/1/16

TheSchedule of RulesandRegulation ispart ofallcontracts forreceiving utility service fromColumbus Light and Water and applies toall services received from ColumbusLight and Water, whetherthe service is basedupon contract, agreement, signed application,or otherwise. Acopy of thisSchedule of Rules and Regulations together witha copy of Columbus Light andWater's Scheduleof Standard Rates and Charges, which was approvedin a publicColumbusLightand Water'sUtilityCommissionersmeeting,shallbekept opento inspectionatthe offices ofColumbusLight andWaterlocatedat420 4thAvenueSouth,Columbus, MS39701 (or found on our website -www.columbus-lw.com.Our Customer Service Department can be reached at (662)328-7192.

1.

Applicationfor Service: EachprospectiveCustomer desiring electric, water,or sanitarysewerservice may berequired tosign Distributor'sstandardform ofapplicationfor service orcontractbefore service is supplied by ColumbusLight and Water.

2.

Deposit:Suitableguaranteesmayincludecash,certificatesofdeposit,lettersofcreditorutilitybonds.

a.

Residentialcustomerdeposits shall notexceedtwice the average ofthe highest monthly billfor all residential customers, which is calculatedannually.

b.

Forgeneralpowercustomers,adepositshallnotexceedtwicethehighestestimatedor historical

monthlybill.

c.

Customer deposits will earninterest atthesame rate as Columbus Light andWater'sprimary bank account. Such interest will becredited to the customer'saccountonce ayear.

d.

Customer mayinquireonbalanceofdepositand earnedinterest accumulatedsince thelast credited date.

e.

Deposits forallresidentialcustomerswillnormallybe due infullupon applicationfornew service.Ifcustomerisnotfinanciallyabletopaythedepositinfullattimeofapplication,one half will be duewiththeapplicationand one halfwill be billedwith thefirst month's usagebilling and dueaccordingto Section 10of theseRules and Regulations. If a financialhardshiphas resulted in a personal bankruptcyfiling within the last 12 months, the balanceof therequired depositafterpaying one halfattimeof application,canbe paid in equal installmentsoverthe next 90 days.

f.

Deposit policiesaretobeappliedwithout regard torace, color, creed, sex,age,nationalorigin, or maritalstatus.

3.

Point of Delivery: Thepoint of delivery isthepoint, as designated byColumbus LightandWater, on Customer's premises or rightof way where service is tobe delivered to buildingor premises. All wiring,piping and equipment beyond this point of delivery shall be provided and maintainedby Customer at no expensetoColumbus Light and Water.

4.

Customer's Wiring-Standard: Allwiring of Customer must conform to Columbus Light and Water's requirementsand accepted modern standards,as exemplified by the requirementsof the National ElectricalSafetyCode and the National ElectricCode.


img99554728_3.jpg

ColumbusLightandWaterRulesandRegulations-MAY,2016

5.

Customer's Plumbing Standard: All plumbing of Customermust conform to the City of Columbus Ordinances, Columbus LightandWater'srequirements andacceptedmodernstandards,asexemplified bytherequirementsof the InternationalPlumbing Codeand tofollowthe guidelinessetforth bythe State Department of Health regarding onsite wastewater disposal.

6.

Inspections:ColumbusLight andWater shall havetheright, but shall notbeobligated, to inspectany installationbeforeelectricity,water,and sewerisintroducedoratanylater time, andreserves the right to reject any wiring, appliances,plumbing,and fixtures not in accordancewith ColumbusLight and Water's standards;but such inspectionorfailuretoinspector rejectshall notrenderColumbusLight and Water liableor responsibleforany loss or damageresulting fromdefects in the installation,wiring, appliances,plumbingandfixtures, or from violationof ColumbusLightand Water's rules, or from accidentswhich may occur uponCustomer's premises.

7.

UndergroundElectricalService Lines: Customer desiring underground servicelines from ColumbusLight and Water's overhead system must bear theexcess cost incidentthereto. Specificationsand termsforsuchconstructionwillbefurnishedby CL&Wonrequest.

8.

Customer's Responsibilityfor Columbus Light and Water's Property: All meters, serviceconnections, and other equipment furnished by ColumbusLight and Water shall be,and remain, the property of ColumbusLight and Water. Customershall provide aspace forandexercisepropercare to protect the propertyofColumbusLightand Water onitspremises, and, inthe eventofloss or damage toColumbus Light andWater's property arising from neglect of Customer tocare forsame,thecost of the necessary repairs or replacement shall be paid by Customer.

9.

Right to Access: ColumbusLightand Water'semployees identifiedby badgesand/orcompany uniforms shall have accesstoCustomer's premises at all reasonable times for the purpose of reading meters, testing,repairing,removing orexchanginganyorallequipmentbelongingtoColumbusLight andWater. If a dog orother petis present and NOT securedawayfrom a meter whichColumbusLight and Waterpersonnelis attemptingtoread,usagewillbeestimatedfor the electric/wateruntil such time astheownersecurestheanimalat a safe distantfromthe meter. Whenitbecomessafe toenterthe yard or premise, an accuratereading will be obtained and billed accordingly.

10.

Billing:Billswill berendered monthly and shall bepaid atthe officeof Columbus Light and Wateror at other locationsdesignatedbyColumbus Light and Water. Failure toreceive bill will notrelease Customer from payment obligation. Should bills notbepaid by due datespecifiedonbill, Columbus Lightand Water willsend notificationtwo(2)days afterthe due date to the customerof its intent to discontinueservice. Ten (10) days from thedate of the notification,ColumbusLightand Water may discontinueservice. Should the duedate of bill fall onSunday or holiday, the business day next following the due date will beheld as a day of grace fordeliveryofpayment. ColumbusLight and Water will havea standardnet payment period forresidentialcustomersof notlessthan fifteen(15)days, and forother classes ofservice of notless than ten (10) days, after thedate of the bill. ColumbusLight and Watermay establish forany classofservicea late paymentchargeofno more thanfive (5) percent for any portionof bill paid after the net payment period. Customers desiring to receiveelectronicbill presentationand electricterminationnoticesmustenroll in ColumbusLightandWater'selectronic notice programby completing theapplicableform and consenting toits terms and conditions.


ColumbusLightandWaterRulesandRegulations-MAY,2016ColumbusQ

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11.

DiscontinuanceofService by Columbus Light and Water: ColumbusLight and Water may refuse to connect ormay discontinueservice fortheviolationof any of itsRules andRegulations,or forviolations ofany oftheprovisionsoftheSchedule ofRatesandChargesorof theCustomer applicationorcontract. ColumbusLightandWatermay discontinueservice toCustomerforthetheftofelectricalcurrent,water or for the appearanceof current theft devices on the premises of Customer. The discontinuanceof service byColumbusLightand Waterfor any causes as stated inthis rule doesnotreleaseCustomer from his obligationto Columbus Light and Water for thepayment of minimum bills as specified in applicationof Customer or contractwith Customer.

a.

ExtremeWeather Condition: Columbus Light and Waterevaluates weatherconditionsdaily at www.weather.comforColumbus,MS 39701.In theevent heatadvisoriesare issued for Columbusor the temperature is expected to be below 32 degrees Fahrenheitover a 24 hour period, ColumbusLight andWaterwill postpone the disconnectionofservice of residential customers scheduled forsuch disconnectiondue to non-payment. Where disconnectionis postponedduetoan extreme weather condition,the postponementwill notextendbeyond the extreme weather condition.

b.

Medical Necessity: UponColumbusLight andWater's medical necessity form,disconnectionof service will be postponed for 30 days from the originalscheduled disconnectdate toallow customertimetomakepaymentoralternativeshelterarrangements.Themedicalnecessity form must be completed by a medical doctor licensed topracticeinthe State of Mississippi certifying that the disconnectionof electricalservicewould create a life threatening medical situationforthe customeror other permanent resident of the customer's household. It is the responsibilityofthe customertoensurethat theform has beenapproved byColumbusLightand Water.Alifethreateningmedicalconditiondoesnotrelieve acustomeroftheobligationto pay for services, includingany late fee incurredor other applicablecharges. Subsequent bills will be due as perthe terms setforth inSection 10. ColumbusLightand Water will only grant this postponement for terminationone time per twelve month period. If full payment of the respectivepast due amount, includingall late fees,is notreceived bytheendofeach 30-day postponement period, electricalservicewill be disconnectedwithout further notice.

12.

Connection,Reconnection, and DisconnectionCharges: ColumbusLight andWatermayestablishand collect standard charges to coverthe reasonable average cost, including administrationof connecting or reconnecting service, or disconnectingservice as provided above. Higher chargesmay be established and collectedwhen connectionsand reconnectionsare performed after normal office hours, or when special circumstanceswarrant.

13.

Terminationof Contract by Customer: Customers whohave fulfilled their contract terms and wish to discontinueservicemust give at least three (3) days written notice to that effect, unless contract specifies otherwise. Notice to discontinueservice prior to expiration of contract term will not relieve Customer from anyminimumor guaranteed payment under contractor rate.

14.

Service Charges forTemporary Service: Customers requiring electric,water, and sewerservice ona temporary basis may be required by ColumbusLight and Water to pay all costs forconnectionand disconnectionincidental tothe supplying and removing of service. This rule applies to circuses, carnivals,fairs, temporaryconstruction,and the like.


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ColumbusLightandWaterRulesandRegulations-MAY,2016

15.

Interruptionof Service: Columbus Light and Water will use reasonable diligencein supplying electricity,water,or sewercollection,butshall notbeliableforbreachof contractin theeventof,orfor loss, injury, or damage topersons or property resulting from, interruptions in service, excessive or inadequate voltage, single-phasing, or otherwise unsatisfactoryservice, blockageor interruptionof mains, whether or not causedby negligence.

16.

Shortage of Electricityand Water: In theeventofan emergencyor otherconditioncausing a shortage inthe amountof electricityor water for ColumbusLightand Water tomeetthe demandon its system, ColumbusLightand Water may, byan allocationmethod deemedequitablebyColumbusLight and Waterfixthe amountof electricityor water to be made availableforuse byCustomer and/ormay otherwiserestrict the time during which customer may make use of electricityor water and the uses which Customer may make of service. If such actions become necessary, Customer may request a variancebecause of unusual circumstancesincludingmatters adversely affecting thepublic health, safety and welfare. IfCustomer fails tocomply with such allocationorrestriction,Columbus Light and Water may take such remedial actionsas itdeemsappropriateunderthecircumstancesincluding temporarilydisconnecting service and chargingadditionalamounts because of theexcess use. The provisionsof theSection entitled InterruptionofService ofthis Schedule ofRules and Regulationsare applicableto any such allocationor restriction.

17.

Fluctuationsor DisturbancesCaused by Customer: Electric,water, or sewerservice must not beused insuch a manner astocause unusualfluctuationsor disturbancestoColumbus Light and Water's systems.ColumbusLight and Watermay require Customer, at his own expense,to installsuitable apparatuswhich will reasonablylimit such fluctuationsor disturbances.Fluctuationsanddisturbances would include,butare notlimitedto, voltage fluctuationsand abnormal withdrawingof water or discharging of sanitarysewer.

18.

AdditionalLoad: Theservice connection,transformers,water mains, sewer mains, pump stations, metersand equipment suppliedbyColumbusLight and Waterforeach Customer have definite capacity, and no additiontothe equipment or load connectedtheretowillbe allowed except byconsentof ColumbusLight and Water. Failure togive notice of additions or changes in load and toobtain ColumbusLight andWater'sconsent for same shall render Customer liable forany damageto any of ColumbusLight andWater'slines or equipment caused bytheadditionalor changed installation.

19.

Standby and Resale Service: Allpurchasedelectric,water,or sewerservice (other than emergency or standby service) usedonthe premisesof Customershall besuppliedexclusivelybyColumbusLight and Water, and Customershall not, directlyor indirectly,sell, sublet, assign,or otherwise dispose ofthe electric or water service or any part thereof.

20.

Notice of Trouble: Customer shall notifyColumbus Light andWater immediatelyshould theservice be unsatisfactoryforanyreason,orshould there be anydefects,trouble,or accidentsaffectingthe supply of electricity,water, or sewer.Suchnotices, if verbal,should be confirmedin writing.

21.

Non-Standard Service: Customer shall pay thecost of any special installationnecessary tomeethis peculiar requirementsfor service. This includes, but is notlimited to any voltage otherthanstandard


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ColumbusLightandWaterRulesandRegulations-MAY,2016

voltages, orfor the supply of closer voltage regulationthanrequired bystandard practiceandfire protection requirements.

22.

MeterTests: Columbus Light andWaterwill,atitsownexpense,make periodicaltestandinspections of its meters in order to maintaina high standard of accuracy. Columbus Light and Water will make additionaltests orinspectionsofits meters at the request of Customer. If test madeat Customer's request show that the meter is accuratewithin two(2%) percent, slow or fast,no adjustmentwill be made in Customer's bill, and Columbus Light and Water's standard testing charge will bepaid by Customer.Incasethetest showsmeter to beinexcessoftwopercent (2%} fastor slow, an adjustment shall be made toCustomer'sbill over a period of not overthirty(30)days prior todate of such test, and cost ofmaking test shall be borne byColumbusLight and Water. In the caseof three phasemetering, adjustmentare subject tobe made over a period not to exceed twelve (12)months.

23.

Relocationof ColumbusLight and Water equipment: Columbus Light andWater shallattherequestof Customer, relocateor change existing Columbus Light and Water -owned equipment. Customershall reimburse ColumbusLight and Water for such changes atactualcost includingappropriateoverheads.

24.

BillingAdjusted to Standard Periods: The demand charges and the blocks in the energy chargesset forth in the rate schedules are based on billing periods of approximatelyone month. In the case of the first billingofnew accounts(temporaryserviceand other seasonal customers excepted) and finalbillings of all accounts(temporaryserviceexcepted) wheretheperiodcoveredby thebillinginvolves fractionsof a month, the demand chargeswill be adjusted toa basisproportionatewiththe period of time during which service is extended.

25.

Information to Consumer: ColumbusLightand Water will reasonablyinformcustomers about rates andservicepracticepoliciesbymaking such informationavailableupon applicationforservice and at any other time upon request. ColumbusLight andWater, onrequestandsubjecttoadditionalcharges, willprovideastatementof themonthlyconsumptionforthepriormonthsifit isreasonably ascertainable.ColumbusLight and Water, as itdetermines appropriate,will utilizechannels such as

mail, newsletter,newspaper,radio, and televisionto inform customers about rates (bothlocally-initiated and initiatedbylVA) and servicepolicies. Furthermore,ColumbusLightand Water willprovide informationregarding rates, service practicepolicies,dispute resolution processes,and guidelines to customers via thewebsite and informationincludingbrochuresandprintmedia will alsobeavailablein our offices.

26.

Terminationof Service: Service may notbeterminated for nonpayment of a bill exceptafter affording the affected customerdue process. Reasonablepriorwritten notice(including noticeof available rightsand remedies) shall be given before terminationof nonpayment. Customer can conta<;ta CustomerService Representative at(662)328-7192toreviewthe DueProcess Procedures forDisputed Billswhichare printed onthe back of theseRules andRegulations.Included inthe dueprocess procedures are stepsthat will be followed aftera Request to Dispute Accuracyof Billformis properly submitted. (Acopy of theRequestto Dispute form can be obtained from aCustomer Service Representative.) Potentialremedies are prefaced with an initialinvestigationand, ifadverse decisions are rendered,follow up escalationsteps uptoand including initiationof thelVAComplaintResolution Process.


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ColumbusLightandWaterRulesandRegulations-MAY,2016

27.

Scope:This Schedule of Rules and Regulationsis apart ofall contractsfor receiving electric,water or sewerservice from ColumbusLight and Water, and applies toall service received fromColumbusLight and Water, whether the service is based upon contractagreement application,or otherwise. Acopyof thisschedule, together with a copy of ColumbusLightandWater's Schedule of Rates and Charges, shall be kept open to inspectionat theofficesof Columbus Light and Water.

28.

Revisions:These Rules and Regulationsmay berevised, amended, supplemented, or otherwise changed from time to time, without notice. Suchchangeswheneffectiveshall havethe sameforceas thepresent Rules and Regulations.

29.

Conflict:In caseofconflictbetweenanyprovisionofany ratescheduleand the ScheduleofRulesand Regulations,therate schedule shall apply.


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DUEPROCESSPROCEDURESFORDISPUTEDBILLS!4/111s1

I.

GivecustomerwrittenRequesttoDisputeAccuracyofBill

A.

Included inRequesttoDisputeAccuracyofBill

1.

Contactnameandphone numberatmainoffice

2.

Lastdaytopaytoavoidtermination

3.

Specificdetailsofdisputebyservicetype

B.

Uponreceiptof completedRequestform

1.

InvestigationbyColumbusLightandWaterpersonnel

2.

Findingsandinitialdecisionrenderedtocustomerinwritingwithin5businessdays

a)

Ifdisputeissuccessful,amount of adjustment willbequantifiedand enteredto account-net amount to bepaid before terminationdate onRequestform

b)

Ifdisputeisunsuccessful,paybillbeforeterminationdateonrequestform-SeeII.

II.

OptionsifUnsuccessfulDisputefromInvestigation

A.

Closerequesttodispute.

8.Escalate adverse decision rendered from initialinvestigationto General Manager(GM) for his review

C.

Findingsandfollowupdecisionrenderedtocustomerinwriting

1.

Ifdisputeissuccessful,amount of adjustment willbequantifiedandenteredto account for offset against next bill

2.

Ifdisputeisunsuccessful,seeIll.

Ill.OptionsifUnsuccessfulDisputefromGMReview

A.

Closerequesttodispute

B.

Escalateadversedecisionfrom secondreviewtoBoardofCommissioners.

1.

Request dispute to beplacedonmeetingagendaforthenextregularlyscheduled board meeting

2.

Boardwillreviewfactsandrenderdecision

C.

Findingsandfollowupdecisionrenderedtocustomerinwriting

1.

Ifdisputeissuccessful,amount ofadjustment willbequantifiedandenteredto account for offset against next bill

2.

Ifdispute isunsuccessful, initiateTVACustomerResolutionProcessin1of3ways:

•

Email:complaintresolution@tva.govORCall:1-888-289-8409ORwww.tva.com/complaintresolution


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