EFFECTIVE DATE: JANUARY 30, 2020
General Terms & Conditions
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APPLICATION
These terms and conditions for service have been approved by the Utility Service Board pursuant to [Resolution No. 2020-1] and represent the lawful rules of the utility under Indiana Code § 8-1.5-3-4(a)(11). The terms and conditions for services, as set forth herein and as amended and supplemented from time to time shall govern all electric Service rendered or to be rendered by Utility. The terms and conditions for service shall be binding upon every Customer and Utility, and shall constitute a part of the terms and conditions of every contract for electric Service, whether written or oral. These terms and conditions for service supersede all prior versions.
1. DEFINITIONS
The words and expressions listed below shall have the following meanings unless a different meaning is clear from the context of its usage:
Abbreviations: The following commonly used abbreviations will be used–
Horsepower – HP
Kilovolt-ampere(s) – KVA
Kilowatt(s) – KW
Kilowatt-hour(s) – KWH
Load Factor – LF
Overhead System – OH
Power Factor – PF
Reactive Kilovolt-ampere(s) Hours – RKVAH
Underground System – UG
Add Consumption: The algebraic sum of readings of multiple metering points for one customer at one premise as though the customer’s energy delivery were through one meter.
Agreement or Application: A written contract or service request for a supply of electric Service of which these terms and conditions are an integral part.
Apartment: Premises containing two or more residential dwelling units. Hotels, tourist camps, motels, hospitals, nursing homes, etc., consisting primarily of guest rooms and/or transient accommodations, are not included.
Billing KW or Billing KVA: Customer’s Maximum Load expressed in KW or KVA (as adjusted in accordance with the applicable rate) which will be used in the calculation of the bill.
Billing Cycle: Utility’s schedule for meter reading and billing which distributes the starting dates for billing periods throughout the month.
Billing Period or Month: The interval between two consecutive Meter readings that is taken for billing purposes. Such readings will be taken as nearly as practicable every 30 days. All Rate Schedules are on the basis of charges per month unless otherwise specifically stated in the rate schedule.
Board: The board established pursuant to Indiana Code § 8-1.5-3-3 to control the operations of Utility.
Business Day: Any day except a Saturday; Sunday; legal holiday as defined by Indiana Code § 1-1-9-1; or a day on which the Utility’s office is closed for business.
Commission: The Indiana Utility Regulatory Commission.
Contract Year: Twelve consecutive billing periods used in the application of rate schedules containing provisions for Yearly Minimum Charges or Equalized monthly Payments.
Customer: Any individual, partnership, association, firm, public or private corporation, joint association, joint venture, limited liability company, government agency, institution or other entity which has agreed orally or otherwise, to pay for electric Service received from Utility.
Delivery Point: The point of the physical connection between Utility’s and Customer’s facilities beyond which point Customer receives and assumes responsibility and liability for the Service rendered.
Delivery Voltage: The voltage of Utility’s facilities at the delivery point.
Disconnection: The termination or discontinuance of electric Service.
Distribution Line: Any electric lines of Utility operated at a voltage of 15,000 volts or less.
Energy: The active component of the quantity of supply expressed in KWH.
He: When used herein to refer to a Customer, it refers to such without reference to gender or number.
IEEE: Institute of Electrical and Electronics Engineers.
KWH: The use of the active component of power.
Late Payment Charge: The one time penalty assessed by Utility upon all current bills at such time as they become delinquent.
Load Factor: The KWH divided by the product of the average hours per month (720 hours) times the KW maximum load in the month.
Lot: An individual parcel within a platted subdivision.
Landlord: A person or organization that owns and leases land, a building, an apartment or any single-dwelling property to a tenant.
Maximum Load: The maximum integrated rate of use of power during a specified time interval as provided in the Rate Schedule, expressed in KW or KVA.
Meter: The complete installation of equipment needed to measure the Maximum Load and/or Energy supplied to Customer.
Meter Voltage: The voltage at which service is metered irrespective of the delivery voltage.
Nominal Voltage: The designated voltage assigned to a circuit or system of a given voltage class for the purpose of convenient identification.
Overhead System or OH: Those parts of Utility’s Distribution system which are constructed on and supported primarily by wooden poles or otherwise suspend above ground level and appurtenances thereto.
Power Factor (PF): In rate schedules providing for power factor adjustment, PF, will be calculated from the relation between the reactive (RKVAH) and the active (KWH) components of energy used, expressed in percent.
Premises: A distinct portion of real estate on which is located the living quarters for the use of a single family, or the main building of a commercial or of an industrial Customer and which shall include the outlying or adjacent buildings used by the same Customer, provided the use of Service in the outlying buildings is supplemental to the Service used in the main residence or building.
Primary Line: Any distribution line of the Utility operated at a voltage between 2,400 volts and 15,000 volts.
Rate Schedule: A part of the Tariff which sets forth the availability and rates and charges for Service supplied to a particular class of Customers.
Residential Dwelling Unit: An individual residence including mobile homes and trailers, or a room or combination of rooms with facilities for private living for a single family.
RKVAH: The metered use of the reactive component of power.
Secondary Line: Any distribution line of Utility operated at a voltage under 600 volts.
Service: The supply of electric Energy delivered by Utility to Customer.
Service Customers: Utility’s wires extending from the point of connection with Utility’s supply line to the delivery point.
Subdivision: A lot, tract, or parcel of land divided into 2 or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.
Substation: The electric equipment and structures, including transformers, switches, protective devices and other apparatus necessary to transform energy from a transmission voltage or from one distribution voltage to another.
Tariff: The entire body of Rate Schedules, riders and General Terms and Conditions for Electric Service.
Transmission Line: Any electric line of Utility operated at a voltage above 15,000 volts.
Underground System or UG: Those parts of Utility’s distribution system which are constructed and installed underground.
Utility: Crawfordsville Electric Light and Power (CEL&P)
2. TARIFF ON FILE
A copy of the Tariff is on file with the Commission, available for inspection at the business offices of Utility, and available on the internet at: http://www.celp.com.
The Commission has continuing jurisdiction over Utility’s Rate Schedules and Riders. The Tariff, or any part thereof, may be revised, amended or otherwise changed from time to time in the manner prescribed by law, and any such changes will supersede the present Tariff. The General Terms and Conditions for Electric Service set forth the conditions under which Service is to be rendered, and governs all classes of Service to the extent applicable. In case of conflict between any provision of a Rate Schedule and the General Terms and Conditions for Electric Service, the provisions of the Rate Schedule shall prevail. The failure of Utility to enforce any of the General Terms and Conditions for Electric Service shall not be deemed a waiver of its right to do so.
Utility shall have the right to execute contracts for Service under any Rate Schedule. Utility also shall have the right to execute other contracts for Service which may contain provisions not included in the Tariff, provided, however, that all approvals of such contracts that may be required by law shall be obtained by Utility.
3. APPLICATION, SERVICE REQUEST OR CONTRACT
3.1 A written Application for Service or contract properly executed, and a service deposit as provided for in section 4 hereof, may be required by Utility before Service will be provided.
3.2 Utility shall have the right to reject any Application for Service made by, or for the benefit of, wholly
or partially, a former Customer who is indebted to Utility for Service previously supplied or damages owed Utility through fault of the applicant at any Premises in Utility’s service area. Utility also may reject an Application for Service if the applicant is unwilling or unable to comply with these General Terms and Conditions for Electric Service or for any other valid or legal reason. Utility may further disconnect Service on account of arrearages due for Service furnished to a person or persons formerly receiving the same class of Service at the same Premises as a Customer of Utility, if such person or persons formerly receiving the same class of Service continues to reside at such Premises receiving Service.
3.3 The taking of Service shall constitute a contract between the Customer and Utility, obligating the
Customer to pay for, and Utility to furnish, Service as specified in the Tariff and to comply with all applicable provisions of the General Terms and Conditions for Electric Service.
3.4 Certain rate schedules specify a minimum term of contract. In the absence of such requirement in any Rate Schedule, Utility may require a term of contract commensurate with the size of Customer’s load which Utility is obligated to serve and/or the cost to Utility of making service available.
3.5 In written contracts and other service agreements, no promises, agreements or representations of an agent or an employee of Utility shall be binding on Utility unless such promises, agreements or representations are incorporated in a written contract executed by a duly authorized representative of Utility.
3.6 The benefit and obligations under any Service request or contract shall inure to and be binding upon the successors and assigns, survivors and executors or administrators (as the case may be) of the original parties thereto: provided however, that no assignment shall be made by Customer without first obtaining Utility’s written consent. Utility may require the successor either to execute with Utility an assignment agreement wherein the successor Customer assumes and agrees to be bound by the original contract, or to execute a new contract for service.
3.7 When the Customer desires Service at more than one point, a separate Agreement shall be required for each separate point of delivery. Service delivered at each point of delivery shall be billed separately under the applicable Tariff.
3.8 An account for residential Service may be either joint or individual, but shall in no event be joint unless the Application is executed by all joint parties. In the event an account shall be in the names of more than one party, each joint party shall be liable for the payment thereof, jointly and severally.
3.9 All written contracts hereunder shall be executed by the General Manager, his authorized representative, or a majority of the Utility Service Board. Any disputes related to such written contracts shall be resolved by the Utility Service Board.
4. SERVICE DEPOSIT
4.1 Utility shall determine the creditworthiness of an applicant or Customer in an equitable and nondiscriminatory method described in 4.2 below:
- without regard to the economic character of the area wherein the applicant or customer resides; and
- solely upon the credit risk of the individual without regard to the collective credit reputation of the area in which he or she lives.
4.2 A residential applicant or Customer may be required at any time, or from time to time, to make a cash deposit to assure payment of such Customer’s bill. Such deposit may be required as a condition for obtaining or continuing Service. The amount of the deposit will be the greater of the minimum non-residential deposit set out in Appendix B or an amount based on the two (2) highest Months usage based on the most recent twelve (12) Months’ historical usage or projected annual usage. A residential applicant or Customer shall be deemed creditworthy and shall not be required to make a cash deposit as a condition of receiving Service, provided the applicant satisfies the criteria set forth in either (a),(b) or (c) below:
Applicant is deemed creditworthy as the result of a credit check performed by a nationally recognized online credit rating agency.
Applicant has been a customer of any electric utility within the last two years and: (i) owes no outstanding bills for service rendered by any such electric utility, (ii), during the last twelve (12) consecutive months that the service was provided, did not have more than two (2) bills which were delinquent to any utility or, if service was rendered for a period for less than twelve (12) months, did not have more than one (1) delinquent bill in such a period, and (iii), within the last two (2) years did not have a service disconnected by an electric utility for non-payment of a bill for service rendered by that electric utility.
If applicant has not been a customer of any electric utility during the previous two (2) years, any two (2) of the following three criteria are met:
The applicant has either (a) been employed for two years by the same employer, or (b) the applicant has been employed by his present employer for less than two years but the applicant has been employed by only one other employer during the past two years, or (c) the applicant has been employed by the present employer for less than two years and has no previous employment due to having recently graduated from a school, university, vocational program or has recently been discharged from military service.
The applicant either (a) owns or is buying his or her home, or (b) is renting a home or an Apartment and has occupied the Premises for more than two years.
4.3 A non-residential applicant or Customer may be required at any time, or from time to time, to make a cash deposit to assure payment of such Customer’s bill. Such deposit may be required as a condition for obtaining or continuing Service. The amount of the deposit will be the greater of the minimum non-residential deposit set out in Appendix B or an amount based on the two (2) highest Months usage based on the most recent twelve (12) Months’ historical usage or projected annual usage. A non-residential applicant or Customer shall be deemed creditworthy and shall not be required to make a cash deposit as a condition of receiving Service, provided the applicant satisfies the criteria set forth in either (a),(b) or (c) below:
Applicant is deemed creditworthy as the result of a credit check performed by a nationally recognized online credit rating agency.
Applicant has been a customer of any electric utility within the last two years and: (i) owes no outstanding bills for service rendered by any such electric utility, (ii), during the last twelve (12) consecutive months that the service was provided, did not have more than two (2) bills which were delinquent to any utility or, if service was rendered for a period for less than twelve (12) months, did not have more than one (1) delinquent bill in such a period, and (iii), within the last two (2) years did not have a service disconnected by an electric utility for non-payment of a bill for service rendered by that electric utility.
If applicant has not been a customer of an electric utility during the previous two (2) years, any two (2) of the following three criteria are met:
- applicant has been operating his place of business for two (2) years;
- applicant either (a) owns or is buying his place of business, or (b) is renting his place of business and has occupied the Premises for more than two (2) years; or
- applicant has been extended credit by a bank or commercial concern, unless a credit check shows that the applicant has been in default on any such account more than twice within the last twelve months.
4.4 A service deposit may be waived by Utility when customer has an established credit rating acceptable to the Utility.
4.5 When Customer’s credit rating with Utility has been impaired and/or the billing for a period of 2 months exceeds the amount of deposit, Utility may require a deposit equal to the amount of the (2) two highest Month’s usage as described above or an increase in the amount initially deposited.
If an existing non-Residential Customer’s creditworthiness has been impaired and/or deposit balance is less than the amount of the (2) two highest Months’ usage as described above, Utility may require the non-Residential Customer to provide an additional deposit amount so that the balance of the deposit is equal to the two (2) highest Months usage.
A Customer’s creditworthiness will be considered to have been impaired when the Customer has been mailed disconnect notices for two (2) consecutive months or any three (3) months within the preceding twelve (12) month period, or when the Service has been disconnected for non-payment.
4.6 Service deposits held for a period exceeding thirteen (13) months shall bear simple interest, at the rate of one percent (1%) per annum, from the date of deposit until Service is discontinued or Utility makes a refund of such deposit.
4.7 Such service deposits plus any accrued interest minus the amount of any unpaid bills shall be returned to Customer upon the discontinuance of Service for which such deposit was made. Utility shall have reasonable time in which to read and remove the Meters and to ascertain that the obligations of the Customer have been fully performed before being required to return any deposit or interest on such deposit. Utility may refund such deposits by applying the deposit and/or accrued interest to the bill and such application shall constitute a lawful disposition of such deposits.
4.8 A Customer that shows satisfactory creditworthiness and timely bill payment for a twelve (12) month period will have any deposit assessed under this Section credited to the applicable account.
5. RENDERING AND PAYMENT OF BILLS
5.1 Bills for Service will be rendered monthly at intervals of approximately thirty (30) days and will be based on the charges set forth in the Rate Schedule. The net amount, as indicated on the bill, is due and payable upon receipt. If payment of the net amount is not received by Utility, or its authorized collection agent within twenty one (21) days after the bill is sent to the Customer, the bill is delinquent. In the case of a delinquent bill:
- Utility may add a Late Payment Charge to the Customer’s delinquent bill as set forth in Appendix B; and
- A charge may be made for making a visit to the Customer’s Premises to collect or attempt to collect a delinquent account as set forth in Appendix B.
- Customer has the right to participate in Utility’s alternate billing method called “Budget Billing” where the total service for the succeeding 12-month period is estimated in advance and bills are rendered monthly on the basis of one-twelfth of the 12-month estimate. This program allows customers to pay the same amount each month, with July being the settle up month. Sign up months are August, September and October. To sign up for this program customers must have a zero balance on their bill and have lived at the residence for at least 9 months. Customers who are disconnected for nonpayment will be removed from the Budget Billing program until satisfactory creditworthiness is obtained to qualify again for the program.
5.2 Any Customer served on the Municipal Service Rate Schedule shall be allowed such additional period of time for payment of the net bill as the municipal agency’s normal fiscal operations require.
5.3 The following policies apply to Utility customers who are billed at 3-phase general power or primary power rates:
- Customers who are 35 days or more past due must sign a repayment agreement acceptable to Utility before they are 65 days past due; and
- Customers failing to sign a repayment agreement who are 65 days or more past due may be disconnected on the 66th day.
5.4 Failure to receive a bill shall not entitle Customer to pay the net bill after the designated due date has passed. Upon request, Utility will inform Customer of the approximate date on which Customer should receive the bill each month and, if bill is lost, Utility will issue a duplicate bill.
5.5 Initial or final bills for Service supplied for not less than 27 days or for not more than 34 days will be calculated on the basis of the applicable Rate Schedule. A billing for a period covering a shorter period than 27 days or a longer period than 34 days will be pro-rated on the basis of the proportion that the number of days of actual Service bears to an average month (30 days).
5.6 Customer shall notify Utility when he desires Service to be discontinued and final bills will be due and payable at the time of discontinuance of Service.
5.7 When Utility is unable to obtain the reading of a Meter after reasonable effort, it may estimate the reading and render a bill, and mark said bill as an estimate.
5.8 In the event Utility’s Meter fails to register properly for any reason, Utility shall estimate Customer’s Energy use and/or Maximum Load during the period of failure based on such factors as Customer’s normal load and Energy usage during a like corresponding period.
5.9 When Utility has discontinued Service for non-payment of a bill or as otherwise provided in these General Terms and Conditions for Electric Service, a reconnection charge as may be established from time to time by the Board and Council and as set out in Appendix B attached hereto shall be required before Service is reconnected. A deposit may also be required pursuant to Section 4.
5.10 When a reconnection of Service is made for a Customer at the same location and Service has been disconnected at Customer’s request, a reconnection charge as may be established from time to time by the Utility Service Board and as set out in Appendix B attached hereto shall be required before Service is reconnected. A deposit may also be required pursuant to Section 4.
5.11 Payment by check which is subsequently returned to Utility by a bank for any insufficiency (such as, but not limited to, insufficient funds balance) shall not constitute timely payment of a bill. Further, the Utility shall assess to the Customer the higher of (1) any charges assessed against Utility by a bank for an insufficient check shall likewise be assessed by Utility to the Customer; or (2) the Customer will be charged a fee as may be established from time to time by the Utility Service Board and as set out in Appendix B attached hereto by Utility for the returned check and Utility may refuse to accept a check from said Customer for payment.
5.12 When a reconnection of service is made for a customer, other than the landlord, more often than once in a twelve (12) month period, and service has in each, case been disconnected at the Customer’s request, a reconnection charge shall be made by the Utility for such reconnection of service.
6. INSPECTION
6.1 The Customer shall properly install and maintain his wiring and electrical equipment and shall at all times be responsible for the character and condition thereof. Utility shall not be held responsible for any wiring on the Customer’s Premises. Before furnishing Service, Utility may require the Customer to obtain and pay a fee for an Electric Permit as set forth in Appendix B, furnish a certificate or notice of approval issued by a duly recognized authority, such as an underwriter’s inspection bureau or any inspector designated by a municipality served by Utility; such certificate being to the effect that the wiring and equipment of the Customer have been installed in accordance with the requirements of the National Board of Fire Underwriters, or as fixed by the municipality.
6.2 Any change in or any additions to the original wiring equipment of the Customer will be subject to the above requirements to insure a continuance of Service.
6.3 Utility shall make inspections of all temporary installations, which must be installed in accordance with the latest National Electrical Code and all requirements of Utility. Utility shall not be held liable for any Customer’s wiring or equipment of the users thereof.
6.4 No responsibility shall attach to Utility because of any waiver of the requirements set forth in Sections 6.1, 6.2 or 6.3.
7. SERVICE TO BE FURNISHED
7.1 When requested by Utility, Customer shall advise Utility fully with respect to (i) the location of Premises where Service is desired and (ii) all equipment to be operated.
7.2 Utility shall advise Customer concerning the character of Service to be supplied, and shall determine the location of the Delivery Point, and the location of the Meter.
7.3 As the facilities provided by Utility for supplying Service to Customer have definite capacity limitations, Customer shall not make any significant increase in requirements without sufficient advance notice to Utility in order to provide a reasonable time in which Utility may increase the capacity of its facilities. Failure to provide such notice to Utility shall make Customer liable for damages which may be occasioned to the Meters or other facilities by overload.
7.4 Before Utility will make any changes in its facilities to increase capacity to a Customer, a new Application or contract for service may be required by Utility.
8. CHARACTER OF SERVICE
8.1 Available Voltages
Voltages listed below are not available at all locations. The Utility must be consulted regarding their availability at any particular location. When Customer’s load requirements are greater than the maximum listed below, the Company will supply additional facilities at the same location, which facilities at the Utility’s option may be considered excess facilities.
Voltage Transformer limits Availability
Single Phase– 167 KVA UG (1)
120/240 Volts 250 KVA OH
Three Phase– 1000 KVA UG (1)
120/208 Volts 750 KVA OH
Three Phase–
120/240 Volts
4 Wire Delta (2) 300 KVA OH (1)
Three Phase–
240 Volts Delta (2) 750 KVA OH (1)
Three Phase– 1500 KVA UG (1)
277/480 Volts Wye 2500 KVA OH
Three Phase–
480 Volts Delta (2) 2500 KVA OH (1)
UG Available Solely at Customer’s Expense, requires separate written agreement.
Delta is no longer available to new customers.
8.2 Single Phase
Appliances or devices with a rating of greater than 20 Amps shall be connected at 240 Volts.
Single phase motors up to but not exceeding 10 horsepower may be connected to a single phase “lighting service” under the following conditions:
- Single phase motors not in excess of ¾ horsepower may be wound for 120 to 240 volts and may be operated from a lighting branch circuit.
- Single phase motors 1 horsepower to 10 horsepower, inclusive, must be wound for 240 volts, be connected across the 240 volt legs of a 120/240 volts, 3 wire service, and be operated from a branch circuit separate from any lighting.
(c) Upon approval by Utility, single phase service will be made available to a phase
converter where the name plate rating of the largest three phase motor does not exceed 75 horsepower and when the combined name plate ratings of all three phase motors does not exceed 100 horsepower.
Motors larger than 10 horsepower and/or electric welders larger than 10 KVA will normally be considered as a power installation and will be served under one of the Utility’s applicable power rates. Energy for lighting may be taken from a power service within the limitations of the applicable rate, but from a separate branch circuit.
8.3 Three Phase
The Utility supplies different voltages and types of polyphase service in various locations. In all cases, the Utility must be consulted regarding the character of service available at any particular location.
The Utility will supply single phase or polyphase service for power in accordance with the following general provisions:
- Installations having a motor load aggregating 10 horsepower or less will ordinarily be supplied with single phase service. Customer’s requiring polyphase service within this rating should consult the Utility regarding the availability of such service for their particular application.
- Installations having a motor load aggregating more than 10 horsepower may be supplied either single phase or polyphase service, depending upon the particular application and the availability of polyphase service at the Customer’s premises.
- The Utility may require the use of such starting or current limiting equipment as may, in its opinion, be necessary for use with any motor or apparatus to prevent undue disturbance, unbalance, or voltage fluctuations on its line. Electric welders, X-ray devices and similar equipment usually require a separate power supply for satisfactory operation. The utility should be consulted in every case prior to the planning and installation of such equipment.
Electric furnaces and other heating devices shall be energized in such a manner that the Utility’s system will not experience undue disturbances, unbalance or voltage fluctuations.
8.4 Service at Primary Distribution System Voltages
Voltages listed below are not available at all locations:
Three Phase 2400/4160 Volts Wye
Three Phase 7960/13800 Volts Wye
The Utility must be consulted in each case relative to service availability and load limits.
8.5 Point of Service Connection
- Overhead Service
Utility will designate the point at which the overhead service lines will be connected to the Customer’s facilities. The Customer’s wires, at the point of connection with Utility’s lines, shall extend at least three feet beyond the outer end of any conduit, weatherproof fitting, or insulator in order to facilitate this connection.
- Underground Service
Underground services are subject to special conditions and policies as may be established from time to time by the Board making it necessary to consult Utility before wiring or rewiring the Premises. When underground Service is supplied, Utility will designate the point at which Utility underground lines will be connected to Customer’s facilities.
- Change of Service
Any changes made in service connections (either overhead or underground) at the Customer’s request, after the original installations, shall be at the Customer’s expense.
- General
All connections between the Customer’s service equipment and Utility’s service drop must be installed as recommended or required by the National Electrical Code.
When a Customer desires that Energy should be delivered at a point or in a manner other than that specified by Utility, a charge will be made equal to the additional cost of same.
9. SERVICE EXTENSIONS
9.1 The Transmission or Distribution Lines of Utility will be extended to such points as to provide sufficient load to justify such extensions. The necessary expenditure to make connection to an applicant for Service will be considered to be warranted when the estimated total revenue as estimated by Utility for a period of two and one half (2½) years to be realized by Utility from permanent and continuing customers on such extension is at least equal to the estimated costs of such extension.
9.2 Whenever, in the opinion of Utility, the necessary expenditure to make connection to an applicant for Service is not warranted by Utility’s estimate of prospective revenues to be derived therefrom, or whenever, in the opinion of Utility, the permanence of the Customer’s load is questionable, Utility may require, in advance of materials procurement or construction, the applicant to make an advance deposit or adequate provision of payment for line construction or service connection or Utility may require a long-term contract or such definite and written guarantee from a Customer, or group of Customers, in addition to any minimum payment required by a Rate Schedule, as may be necessary. This requirement may also be made covering the payment by the Customer by the cost of tapping existing transmission or Distribution Lines in light of revenue, in the judgment of Utility, to justify the cost of tapping said lines.
9.3 Applicants requesting Service from Utility to new subdivisions or extensions of service in existing subdivisions may be required to pay a Lot Fee for each lot as set forth in Appendix B. Such payment will be made in advance of material procurement and construction of requested Service.
9.4 Utility reserves the right, with respect to Customers whose establishments are remote from Utility’s existing suitable facilities or whose load characteristics or load dispersal require unusual investments by Utility in service facilities, to make special agreements as to duration of contract, reasonable guarantee of revenues, or other service conditions, provided that such special agreements are not unreasonably discriminatory.
9.5 In those cases where it is not feasible or practical to construct lines on public rights of way and it is necessary to secure rights of way on private property or tree trimming permits, the applicant or applicants shall secure the same without cost to Utility or assist Utility in obtaining such rights of way on private property or tree trimming permits before construction shall commence. Utility shall be under no obligation to construct lines in the event the necessary rights of way or tree trimming permits cannot be so obtained. In the event Utility shall exercise its option to utilize its power of eminent domain on behalf of the applicant, the applicant shall agree to be responsible for the payment of all costs associated with such exercise including reasonable attorney fees and all such negotiations or litigation shall be in the exclusive control of Utility and Utility may require applicant to post a performance bond or good faith cash payment to secure such obligations prior to Utility taking any action.
9.6 If a Customer requests for his convenience, or by his actions, requires that Utility facilities be redesigned, reengineered, relocated, removed, modified or reinstalled, Utility may require the Customer to make payment to it of the full cost of performing such service.
10. UTILITY EQUIPMENT ON CUSTOMER’S PREMISES
10.1 Customer shall furnish Utility a satisfactory location for Utility’s Meters and other equipment necessary to provide and measure Service, and shall also furnish Utility the rights on, over or under Customer’s Premises necessary to install, operate and maintain Utility’s other facilities required to supply Service to Customer. Utility reserves the right to make the final decision as to the location of the Meter on Customer’s Premises.
10.2 When Customer is not the owner of the Premises served and/or of the intervening property between such Premises and the Company’s facilities, the Customer shall obtain from such owner or owners, in a form satisfactory to the Utility, such permits or easements as are, in the opinion of the Utility, necessary for the installation and maintenance on such Premises and on such intervening property, all poles, wires, or other equipment as may be necessary for the supplying of electric service to the Customer.
10.3 When Utility’s transformers, Meters, or other facilities are to be installed indoors on Customer’s Premises, Customer shall furnish without cost to Utility a suitable room or vault for housing the equipment; provided, however, that Utility shall reserve the right to make the final decision as to the location of such room or vault. Such space shall meet the requirements (i) of the National Electrical Code, (ii) of any Federal, state or local laws or regulations, and (iii) of any policies of Utility in effect at the time of the installation.
10.4 Utility may change the location of any or all its facilities upon request of Customer, provided (i) such change will not interfere with or jeopardize Utility’s Service either to Customer requesting the change or to other customers of Utility, and (ii) Customer agrees to bear the expense of such change.
10.5 Customer shall provide reasonable protection from loss or damage to Utility property and may be liable to Utility in the event of such loss or damage caused by the negligence of Customer or any agent or employee of Customer
10.6 Customer shall not disconnect, change connections or otherwise interfere with Utility’s Meters or other property and shall be responsible to Utility for permitting anyone who is not an agent or employee of Utility to tamper with Utility’s property.
- In the event such facilities are entered into, or tampered with in such a manner as to allow electricity to be illegally consumed or the measurement of that usage to be impaired, a Service Call Fee, as described in Appendix B, will be assessed to the Customer of record and/or occupant of the property where such tampering occurred.
- In addition, such Customer of record and/or occupant shall indemnify Utility for its estimated loss of revenue, if any, resulting there from.
10.7 All facilities installed by Utility shall be and remain the property of Utility unless a contract expressly otherwise provides, and Utility shall operate and maintain its property.
10.8 Properly authorized employees or agents of Utility shall have the right to enter upon the Premises at all reasonable times for the purpose of Meter reading or inspecting, testing, repairing, or replacing any or all of Utility’s property used in supplying any Service to the Customer. Utility shall also have the right to enter upon the Premises for vegetation management, including but not limited to; planned maintenance, reactive pruning, felling trees, mowing, application of tree growth management tools and herbicide application.
10.9 Upon termination of a contract or discontinuance of Service, Utility shall have the right to remove all of its property from Customer’s Premises.
11. CUSTOMER’S INSTALLATION
11.1 Customer shall install and maintain suitable entrance equipment, switches, and protective devices to afford reasonably adequate protection to Utility’s property and system against fault originating beyond the Delivery Point to Customer. Customer will also maintain harmonic and power quality levels set forth in the most recent IEEE 519 standard.
11.2 Customer’s equipment shall be constructed and maintained subject to approval by authorized inspection and in accordance with the National Electrical Code, any Federal, state or local law, or Utility’s requirements in effect at the time of installation.
11.3 Utility shall have the right, but does not assume the duty, to inspect Customer’s installation at any time, and to refuse to commence Service or to continue Service when such installation is deemed not to be in good operating condition, but Utility does not under any circumstances assume any responsibility in connection with the Customer’s installation.
11.4 The use of Customer’s equipment shall not adversely affect Utility’s system or Service supplied by Utility to other customers.
12. PREDICATION OF RATES
12.1 Utility’s Rate Schedule, except as provided for in items (a), (b) and (c) hereunder, is predicated upon the supply of Service to one Premises, at one standard voltage, at one Delivery Point and through one Meter for ultimate use by one Customer.
- When Service is supplied to a Residential Dwelling Unit primarily for serving one family, and where boarders or roomers are accommodated for incidental income only, Service will be provided under a residential Rate Schedule.
- When Service is supplied to a Residential Dwelling Unit where the use is primarily for the accommodations of roomers, boarders, renters, or leasers (whether it be of short duration, such as hotels, motels, boarding houses, etc. or long term, such as Apartments, efficiencies, etc.) the Service will be provided under a non-residential Rate Schedule, unless separate circuits are furnished by Customer to separately meter and bill the residential and non-residential Customers.
- When the principle use of Service supplied to a Residential Dwelling Unit is for residential purposes, but a small amount of energy will be used for non-residential purposes, such non-residential use will be permitted only when the equipment for such use is within the capacity of a 120 volt, 30 ampere branch circuit (or is less than 3,000 watts capacity) and the non-residential use is less than the residential use on the Premises. When the non-residential equipment and/or use exceeds the above stated limits, the entire non-residential wiring must be separated from the residential wiring, so that it may be metered separately, and the non-residential load will be billed under the appropriate non-residential rate, or the entire Service will be billed under the appropriate non-residential Rate Schedule.
- Where Utility has already supplied a service to a primary Residential Dwelling Unit and when the principle use of a second service to a secondary Residential Dwelling Unit (i.e., garages, storage buildings, pool houses, etc.) on the same premise, is for residential purposes, then such second service will be provided under the residential Rate Schedule as a separate account. Add Consumption, in such situations, is not permitted. However, if the Energy used will be for non-residential purposes and exceeds the parameters of Section (3) above, the non-residential use will be billed under the appropriate non-residential Rate Schedule.
12.2 Except for the provisions of subdivision 12.1 above, when Service supplied to one Premises involves more than (i) one Service classification, or (ii) one standard voltage, or (iii) one Delivery Point, each such Service shall be separately metered and billed unless the Rate Schedule specifically provides for more than one voltage and the combining of the Meter readings, or when the Service is supplied in such manner for Utility’s operating convenience or to meet legal requirements.
13. RATE SCHEDULE SELECTION
13.1 When more than one Rate Schedule is available for the Service requested, Customer shall designate the Rate Schedule on which the Application or Agreement shall be based. Utility will assist Customer in the selection of the Rate Schedule best adapted to Customer’s service requirements, provided, however, that Utility does not assume responsibility for the selection or that Customer will at all times be served under the most economically or operationally favorable Rate Schedule.
13.2 Customer may change his initial Rate Schedule selection to another applicable Rate Schedule at any time by either written notice to Utility and/or by executing a new Application or Agreement for the Rate Schedule selected, provided that the application of such subsequent selection shall continue for 12 months before any other selection may be made. In no case will Utility refund any difference in charges between the Rate Schedule under which Service was supplied in prior periods and the newly-selected Rate Schedule.
14. CUSTOMER’S REQUEST TO DISCONTINUE SERVICE
14.1 Customer who has not contracted for Service for a specified term may have Service discontinued by giving notice in writing at Utility’s office of the date on which Customer desires that Service be discontinued. Utility will endeavor to obtain the final Meter reading on the date Customer specifies in his notice, but shall not be obligated to do so unless Customer’s notice provides Utility at least three (3) Business Days advance notice. Customer shall be obligated to pay for Service rendered to the Premises until the final Meter reading is obtained by Utility.
14.2 Customer who has contracted for Service for a specified time may have Service discontinued by giving notice in writing at Utility’s office and agreeing to pay (i) for Service used to the date of Disconnection, and (ii) the minimum charges which would be due Utility for the remaining period of the contract in accordance with the contract provisions.
15. UTILITY’S RIGHT TO DISCONTINUE SERVICE
15.1 Utility may discontinue Service to any Customer (and refuse to serve any other member of the same household or firm at the same Premises) without notice for any of the following reasons:
- When, in Utility’s opinion, a condition that is dangerous or hazardous to life, physical safety or property exists;
- When emergency repairs must be made to Utility’s facilities or system;
- When there has been tampering with Utility’s Meters or equipment, or evidence of fraudulent or unauthorized use of Energy in such a manner as to circumvent Utility’s Meter;
- When Customer resells, redistributes, transfers or delivers Energy to others unless Customer’s contract specifically provides for such resale, redistribution, transfer or delivery ; or
- When directed to do so by a court, another duly authorized public authority or a properly authorized government agency.
15.2 Utility may discontinue Service to any Customer (and refuse to serve any other member of the same household or firm at the same Premises) for any of the following reasons:
- When any delinquent bill remains unpaid for 35 days or more following the mailing of the bill;
- When planned repairs are to be made to Utility’s facilities or system;
- When Customer denies access by employees of Utility to its Meters or other facilities;
- When Customer uses equipment in such a manner as to adversely affect Utility’s system or service supplied by Utility to other Customers; or
- When Customer fails to comply with the provisions of (i) the General Terms and Conditions for Electric Service, or (ii) the Rate Schedule, or (iii) the contract for service.
15.3 Discontinuance of Service in accordance with the provision of subdivisions 15.1 and, 15.2 above shall not constitute a breach of any obligation of Utility under any contract for service with Customer, and Utility shall not in any case be liable to Customer for any damages resulting from such discontinuances of Service. Such discontinuance also shall not invalidate any provisions of the contract with Customer or these General Terms and Conditions for Electric Service, and Utility shall have the right to enforce all obligations thereunder regardless of discontinuance.
15.4 If, for any reason, Utility has issued a disconnection notice, but because of a medical postponement, duly authorized bill payment extension agreement, or pendency of a dispute resolution proceeding as provided for under Section 16, Utility may disconnect such Service without further notice, upon the expiration of such postponement or any breach of such authorized extension agreement.
15.5 Utility may disconnect Service to a Premises at which applicant or co-applicant is currently receiving such Service on account of arrearages due in excess of thirty-five (35) days for Service furnished to applicant or co-applicant at another Premises under the same class of Service.
15.6 Medical Postponement. Utility shall postpone the disconnection of service for ten (10) days if, prior to the disconnect date specified in the disconnect notice, Customer provides the Utility with a medical statement from a licensed physician or public health official that states that disconnection would be a serious and immediate threat to the health or safety of a designated person in the household of the Customer. The postponement of disconnection shall be continued for one (1) additional ten (10) day period upon the provision of an additional such medical statement.
15.7 In order to protect the safety and security of their property, landlords may enter into a written agreement with the Utility to agree to be responsible for all electric energy used on the premises when such rental units are not being served in the name of a responsible tenant, and request that the Utility automatically transfer the service from the tenant’s name to the Landlord’s name after tenant disconnection.
16. METER ACCURACY—ADJUSTMENT
16.1 All Service supplied by Utility will be measured by Meters of standard manufacture which are owned, installed and maintained by Utility, except under Rate Schedule in which the charges for Service are at a flat rate predicated on a fixed use of Customer’s equipment, such as street lighting, traffic signals, etc.
16.2 Utility will maintain Meter accuracy and periodic tests for accuracy.
16.3 When a Meter is not recording within the limits of accuracy established by Utility, an adjustment to billings may be made to the last known date of accurate readings, or twelve (12) months, whichever is less.
16.4 Utility will make a free test of the accuracy of registration of a Meter upon written request by a Customer. A second free test of this Meter may be requested after twelve (12) months. The Customer shall be required to pay a Meter test charge as may be established from time to time by the Utility Service Board and as set out in Appendix B attached hereto if a test is requested at less than thirty-six (36) month intervals and if no error is found.
17. INTERRUPTIONS, VARIATIONS IN SERVICE CHARACTERISTICS
17.1 Utility will, at all times, endeavor to provide regular and uninterrupted Service, but does not guarantee against variations in Service characteristics, such as frequency, voltage, phase angle, phase balance, system neutral to ground voltage differentials, momentary outages and single phasing (loss of phase) of three-phase systems, occasioned by acts of God, the public enemy, accidents, labor disputes, disorders, orders of public authorities, fires, strike, casualty, and necessity for making repairs or replacements of Utility’s facilities.
17.2 Utility shall not be liable to Customer for damages, injury or losses resulting from such interruption or variation in Service or any other fluctuation or irregularity in the supply of Energy.
17.3 Such interruptions or variations shall not constitute a breach of any obligations of Utility under any contract for Service with Customer.
18. TEMPORARY SERVICE
18.1 When, in the opinion of Utility, the use of Service will be temporary in nature and the facilities to be installed will not be used for a permanent supply, Customer shall pay the cost of labor and unsalvageable material required for supplying and connecting and for disconnecting and removing facilities, plus a charge for supervision, use of tools, and indirect costs, in accordance with the “job work order” procedure of Utility. When temporary Service can be supplied by the installation of a single span service drop and Meter only, the Customer’s will be required to pay a temporary service charge as may be established from time to time by the Utility Service Board and as set out in Appendix B attached hereto.
18.2 Service supplied to a temporary connection will be billed the General Power Rate Schedule.
18.3 Customer may be required to make a deposit to insure payment of the charges (i) set out in Section 4 above, and (ii) covering the estimated usage of the applicable Rate Schedule for the period of temporary use.
19. CUSTOMER’S USE OF SERVICE—RESALE AND REDISTRIBUTION
19.1 Service shall be used by Customer only for the purposes specified in the Agreement in accordance with the applicable Rate Schedule. No Customer shall resell such Service to a third party by submetering such Service or by making a separate and distinct flat charge or charges for such Service.
20. GENERAL
19.1 Service shall be used by Customer only for the purposes specified in the Agreement in accordance with the applicable Rate Schedule. No Customer shall resell such Service to a third party by submetering such Service or by making a separate and distinct flat charge or charges for such Service.