[Adopted 7-30-2012 by Ord. No. 815-12; amended 3-30-2015 by Ord. No. 840-15]
A.
This article shall be known and may be cited as the "Electric Service
Rules and Regulations."
B.
The purpose of this article is to establish rules for determining
terms and conditions governing the purchase of electric service by
customers. These rules are intended to establish a tariff by which
formally adopted policies and administrative rules are collected and
maintained in a format that provides easy access for the public. It
is the Borough Council's intent that these service rules and
regulations shall, as and where indicated herein, generally conform
to selected applicable rules and regulations of the Pennsylvania Public
Utility Commission, but are expressly adopted independent of that
agency and are not subject to rule making tariff approval or other
regulatory pronouncements, actions or processes of that agency, which
under the Pennsylvania Public Utility Code does not have jurisdiction
or control over municipal corporations, including the company, the
Borough or the Council (66 Pa.C.S.A. § 102). All references
throughout these Electric Service Rules and Regulations to the Pennsylvania
Public Utility Code or to the regulations of the Pennsylvania Public
Utility Commission are intended only as voluntary guidelines where
applicable, and shall not in any way be interpreted as submitting
the company, the Borough or the Council to the jurisdiction or control
of the Pennsylvania Public Utility Commission in any respect. Notwithstanding
any references throughout these Electric Service Rules and Regulations
to the Pennsylvania Public Utility Code or to the regulations of the
Pennsylvania Public Utility Commission, the Council shall remain the
sole regulator of the company in all respects.
C.
These Electric Service Rules and Regulations are consistent with
applicable provisions of state and federal law.
D.
These Electric Service Rules and Regulations do not preclude the
Borough of Zelienople from using best management practices to insure
the fair and equitable access to electric service and recovery of
costs. These Electric Service Rules and Regulations may be amended
at any time, and from time to time, by resolution of Borough Council.
E.
Interpretation of this service article as to its intent and applicability
will be made by the company in its sole discretion, subject to review
of the Borough Council.
F.
This service article shall supersede and repeal any prior enactment
of the Borough Council, and prior rules of the company, which are
inconsistent herewith.
As used in this article, the following terms shall have the
meanings indicated:
The maximum rate of use of energy by the customer during
a stated time interval, expressed in kw, kilowatts; 1,000 watts.
The Electric Department of the Borough of Zelienople.
The Borough Council of the Borough of Zelienople.
Any corporation, municipality, governmental agencies, person
or partnership to whom the company may furnish service. Each individual
domestic establishment, single-family residence or apartment shall
be a customer.
The use of energy by the customer, expressed in kwh, kilowatt
hours; the use of 1,000 watts for one hour.
The period between two monthly meter readings, taken as nearly
as practicable on the same date each calendar month as selected by
the company.
A rate which may be obtained by a customer if his use of
service conforms to the character of supply contemplated in the rate,
and his location is such that this service can be supplied from existing
facilities of the company.
Any electricity which the company may supply or make provision
to supply, or any work or material furnished or any obligation performed
by the company hereunder or under any rate ordinance adopted by the
company.
The point of connection between the electric lines of the
company and the electric system of the customer.
A.
The company will furnish only alternating current at available company
standard voltages:
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Single-phase
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120 volts, 2 wire
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120/240 volts, 3 wire
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240 volts, 2 wire
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Three-phase
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120/208 volts, 4 wire
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240 volts, 3 wire
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277/480 volts, 4 wire
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480 volts, 3 wire
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2,400 volts, 3 wire
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2,400/4,160 volts, 4 wire
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B.
Electric service shall not be submetered or resold by the customer
except as provided in net metering rate ordinances or upon written
consent of the company.
C.
The rates as adopted by the Council are based on the cost of providing
service overhead. Underground service will be supplied in accordance
with the common practice and any company regulations consistent therewith.
In situations not covered by such rules, customers may secure underground
service by paying the Borough estimated difference in cost between
overhead and underground service.
D.
The company will undertake to furnish service to a building or a
group of buildings of the customer for use only in or on the premises
owned, leased to, occupied, or managed by the customer. Each such
building or separate unit will be metered separately and considered
a separate service. Adjoining buildings or groups of buildings located
on a single or contiguous land parcel may receive service through
a single meter provided the customer furnishes the necessary electrical
interconnection among the buildings or units and said buildings or
units are used and operated by the customer and held out to the public
as one residential or single business unit. Any intervening fee ownership
will act to break the contiguity of a land parcel. However, master
metering to new multifamily dwelling units is prohibited. See "Submetering."[1]
A.
The company reserves the right to require the applicant, before any
electricity is delivered, to execute an application service agreement.
Whether or not a written application or agreement is executed, the
applicant, by accepting the electricity, agrees to be bound by the
applicable rate ordinance and these terms and conditions as amended
from time to time. Failure to make application will make new customers
liable for all services supplied since the last meter reading by which
the previous customer on the same premises was billed. No promises,
agreements, or representation of any agent or employee of the company
constituting a departure from this article shall be binding unless
incorporated in a written contract signed by the company and the customer.
B.
The company may require an applicant or customer to verify the identity of each adult occupant of the residential property, to establish creditworthiness and/or to pay a deposit, generally in accordance with the applicable provisions of 52 Pa. Code Chapter 56, Standards and Billing Practices for Residential Utility Service, and/or 66 Pa.C.S.A. Chapter 14, Responsible Utility customer Protection. All determinations of the applicability of such standards shall be made by the company in its sole discretion.
C.
Any customer who is about to vacate any premises supplied with company
service or who for any reason wishes to have service discontinued
shall give at least seven days' notice to the company, specifying
the date on which it is desired that service be discontinued. In the
absence of such notice, the customer shall be responsible for all
service rendered.
D.
Requirements for service:
(1)
Customers should directly, or through an electrical contractor, communicate
with the company in writing for the purpose of giving exact location
of premises and projected load information. The company will thereupon
designate point of delivery at which its service line will terminate.
At or near that location, the customer must provide, without expense
to the company, a suitable place for the installation of metering
and all necessary transforming equipment and supplementary apparatus
incident to fulfillment of contract.
(2)
The wiring on the premises for connection to service line shall be
brought outside the building wall at a location designated by the
company and in such a manner that it will be easily accessible for
attachment.
(3)
All wiring shall be installed and maintained in accordance with provisions
of the latest edition of the National Electrical Code. The company
shall not be obligated to connect or remain connected with any customer's
wiring or facilities unless and until a certificate of compliance
has been issued by a company-recognized inspection service. This includes
both new buildings and modifications to existing buildings or services
involving a wiring change.
(4)
The customer's service and meter connections shall be installed
in accordance with instructions of the company and shall be subject
to the company's inspection and approval. However, the customer
assumes full responsibility for the energy at and from the point of
delivery thereof, and for the wires, apparatus, devices and appurtenances
thereon used in connection with the service.
(5)
The company will run only one service lateral to a customer's
premises or install only one meter for each class of service to be
supplied except where, in the company's judgment, special conditions
may make more than one meter necessary. Service laterals normally
will not be run from building to building. If special conditions warrant
it, an exception may be made at the company's option.
(6)
Service connections will not be made until the wiring on the premises
is actually completed, an inspection has been performed and proof
of inspection has been provided to the company.
(7)
The company will furnish, install and maintain the necessary meters,
transformers and service line for secondary service requiring only
a single span of wiring extending from its facilities to point of
supply connections. All equipment supplied by the company shall remain
its exclusive property and may be removed after termination of service.
(8)
The customer shall own, maintain and operate all substation and transforming
equipment where voltage, phase or frequency of the supply is different
from that specified in the applicable rate ordinance. Also, the customer
shall bear the cost of special installation that may be necessary
to meet a particular requirement for service at other than standard
voltages or if closer than allowable voltage and frequency variation
is desired.
(9)
Where energy is desired above 600 volt secondary voltage, the company
will extend its facilities to the customer's service connection
as provided herein. Except the conditions for which provision may
be made in a particular rate ordinance, all other wiring, with the
exception of meters, shall be installed and maintained by the customer.
(10)
In the event the company may be required, for any reason, to
place underground any portion of its mains, wires or services or relocate
any pole or feeders, the customer at their own expense shall change
the location of delivery point to that readily accessible to the new
location.
E.
All fees or other charges required to be paid in connection with
the issuance of inspection certificates shall be borne by the applicant.
The applicant, by accepting electricity, assumes all liability and
risk associated with service, including reconnection.
F.
Any changes in, or additions to, the original wiring, equipment or
appliances of an applicant or customer shall be installed in compliance
with the requirements as may be fixed by the inspection authority
having jurisdiction.
G.
In no event shall the company be under any obligation to inspect
the wiring equipment or appliances of an applicant or customer.
A.
Single-phase service for lighting will not be supplied where the
connected load to be served exceeds 25 kva of capacity unless previous
arrangements have been made with the company. The customer must arrange
the wiring of loads in excess of this amount to receive polyphase
service.
B.
The customer shall at all times take and use energy in such a manner
that it will be taken equally between phases. Should this not be possible,
and the unbalancing equals or exceeds 10% of the lesser phase, then
the charge therefor shall be computed on the assumption that the energy
taken from each phase is equal to the amount taken from the greater
phase.
A.
The company will make application for permits and acquire the easements
necessary to build its supply facilities to the property occupied
by the applicant or customer and the applicant or customer will apply
for, obtain, and deliver to the company all other permits or certificates
necessary to give the company the right to connect its conductors
to the applicant's or customer's wiring and access for all
other proper purposes, including an easement from the land owner for
the company's facilities. The company shall not be required to
supply electricity until a reasonable time has elapsed after the company
has obtained or received all necessary permits, certificates and easements.
(1)
With respect to the item "right-of-way," the company shall not be
required to build line extensions over private right-of-way in the
event that such construction involves the company making payment for
right-of-way easements or tree trimming rights.
B.
Should any change or changes in the service connection furnished
the customer by the company be required for any reason, the entire
cost of such changes on the customer's side of the delivery point
shall be borne by the customer.
C.
Normally the company will supply and meter at one delivery point
electricity of the characteristics desired by the customer at the
delivery point.
D.
Whenever a customer requests the company to supply electricity through
not more than two banks of transformers for the purpose of separating
different types of load and the company finds it practicable, such
electricity will be supplied if all transformers and service equipment
incidental thereto are installed in a place and manner satisfactory
to the company, and the electricity is metered on the company's
side of the transformers.
E.
Whenever a customer requests the company to supply electricity to
a single premises in a manner which requires equipment and facilities
over and above those which the company would normally provide, and
the company finds it practicable, such additional equipment and facilities
will be provided by the company at a facility charge, payable by the
customer, equal to the cost incurred by the company.
A.
The customer shall furnish the company, without cost, satisfactory
right-of-way and suitable location and housing for equipment, on his
premises, for the company's facilities required to provide the
customer with service.
B.
The company shall have the right to place its transformers and such
other apparatus as may be needed in connection with supplying such
electricity at a convenient point or points on the property or in
the building or buildings of the customer.
C.
The customer shall provide suitable space for the installation of
the necessary metering apparatus which space shall be:
D.
All service equipment furnished and installed by the company shall
be and remain the property of the company.
E.
Interference or tampering with the company's meters or other
facilities or any act preventing the proper registration of service
is prohibited, and the customer by reason of his control of the premises
shall pay for all damages caused by violation of this rule. Furthermore,
if incorrect metering is caused by such violation, the customer shall
pay an amount estimated by the company to cover service not properly
recorded.
The company shall have free access to the customer's premises
for such purposes as may be proper and necessary in connection with
supplying service.
A.
When in the judgment of the company it is deemed necessary, the company
may require the customer to leave a deposit with the company in an
amount which shall be set from time to time by resolution of the Borough
Council.
B.
Deposits shall be returned to customers once service has been terminated
for applicable account(s) of the said customer, provided that all
delinquent balances owed to the company are satisfied. The company
is authorized to retain the deposit or any portion of the deposit
to offset any outstanding balances. Deposits are nontransferable from
one account to another.
C.
Payment of any final bill shall be due within 30 days following the
presentation of the bill.
A.
Whenever there is a choice of rates, the choice lies with the customer.
Each rate sets forth the conditions under which it applies. The full
and active assistance of the company is freely offered and, on request,
will be given to assist the customer in order to determine which rate
is then the most favorable to the customer.
B.
The company cannot guarantee that the customer will be served under
the most favorable applicable rate, and no refund will be made by
the company to the customer representing the difference in the charge
made under the ordinance applied and that which would have been made
if a more favorable applicable rate had been chosen and applied.
A.
It is necessary for the protection of the customer that all work,
wiring and apparatus should be installed and maintained by an experienced,
licensed electrician in a safe manner.
B.
The customer, in accepting service from the company, assumes full
responsibility for the safety and efficiency of the wiring and apparatus
installed by the customer. The customer agrees to indemnify and save
the company harmless against any liability that may arise as the result
of the use of service supplied to the customer by the company.
C.
The customer shall not operate any apparatus creating a condition
which prevents the company from supplying satisfactory service to
the customer or to other customers. The company reserves the right
to place restrictions on the type and manner of use of all customers'
electrical equipment connected to the company's lines, especially
prohibiting any loads of highly fluctuating or low power factor character
or generating equipment that may back feed into the company's
lines.
A.
Meters may be read and bills rendered monthly.
B.
The company reserves the right to estimate meter readings and bills
in extraordinary circumstances to be determined by the company.
C.
All electricity sold by the company shall be on the basis of meter
measurement, except for installations where the usage is constant
and the consumption may readily be computed, or as provided for in
its adopted rates.
D.
When meters are installed by the company to measure the electricity
used by its customer, all charges for electricity used, except certain
minimum charges, shall be calculated from the readings of such meters.
E.
Bills shall be rendered, as nearly as practicable, for thirty-day
periods on a monthly basis. Bills shall be due on the date rendered.
In case of any dispute at the date of rendering, the postmark or electronic
posting date shall control.
F.
Bills for special or short-term service, including charges for connection
and disconnection, may be rendered at any time at the discretion of
the company, and will be payable upon presentation.
G.
If service is supplied to the customer before a meter is placed in
use or while the metering is defective, the customer will pay for
service on a basis estimated from a period of similar use.
H.
When an investigation discloses excessive bills due to an accidental
ground on the customer's wiring or equipment, occurring without
the knowledge of the customer, an allowance for a share of such wastage
may be made by the company in its sole discretion.
A.
The Council shall be the sole retail electric regulatory authority
for the Borough of Zelienople and all its retail electric consumers.
B.
The company is the sole entity permitted to aggregate retail customers'
power needs and demand response.
C.
The Borough Manager shall be authorized to implement any necessary
regulations to implement this article.
D.
No other power supply shall be connected with the company's
facilities, except by written consent of the company.
E.
Except as may be otherwise determined and approved by Council, the
company shall be the sole electric service and distribution utility
within the corporate limits of the municipality.
F.
Because the company's facilities used in supplying electricity
to the customer have a definite limited capacity and can be damaged
by overloads, the customer shall give adequate notice to the company
and obtain the company's written consent before making any substantial
change in the amount or use of the load connected to the company's
service.
G.
The customer shall not use electricity in any manner which will be
detrimental to the company's supply of electricity to other customers.
The company reserves the right, but shall have no duty, to determine
the suitability of apparatus or appliances to be connected to its
service by the customer, and to refuse to continue to supply electricity
if it shall determine that the operation of such apparatus or appliances
may be detrimental to its general supply of electricity.
A.
The company will use reasonable diligence in providing regular and
uninterrupted service, but the company shall not be liable for any
loss, cost, damage or expense to any customer or third party occasioned
by any failure to supply electricity for any reason whatsoever.
B.
The company may, without liability therefor, interrupt or limit service
to any or all customers whenever in the sole judgment of the company
such action is indicated in order to prevent or limit any actual or
threatened instability or disturbance on the electric system of the
company or any electric system interconnected with the company.
A.
The supply of electricity by the company is contingent upon payment
of all charges due from the customer. The company will render bills
to the customer at regular intervals. Bills are due upon a date determined
by the company and become past due after the net payment period provided
in the rate ordinance. Bills are payable at the office of the company
or collection agency duly authorized by the company, except that,
when a disconnection notice for nonpayment has been sent to the customer,
payment must be made at the company office. Failure to receive a bill
does not excuse the customer from payment obligations and payments
shall be due and payable as provided herein without regard to any
counterclaim whatsoever.
B.
The company reserves the right to apply any bill payments made by
the customer in whole or in part to any account due to the company
by the customer.
A.
Agreements are not transferable without the company's consent.
Whether or not there is a written agreement, upon the customer's
discontinuance of service, the customer shall remain responsible until
the company receives notice in writing of discontinuance for any service
supplied to the premises formerly occupied by the customer, and shall
remain responsible for minimum charges and/or other obligations.
B.
Pennsylvania State legislation known as the Municipal Claims and
Liens Act[1] allows municipal utilities to hold property owners responsible
for tenant debt. This could include action against the landlord for
the amount due for service provided at the owner's property which
could be in the form of a municipal claim lien. The company may, at
the discretion of the company, copy disconnection notice for nonpayment
to landlord of delinquent accounts.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
The company may at any time petition the Council for a temporary
or permanent waiver of any of the Electric Service Rules and Regulations,
either in an individual circumstance, or generally. The Council shall
remain the sole regulator of the company in all respects, with the
power in its sole discretion to grant a waiver or waivers of the Electric
Service Rules and Regulations, either upon request of the company
or otherwise.
B.
The Borough Manager is authorized to make arrears payment arrangements/agreements
with customers. If the customer fails to comply with the agreement,
said customer is immediately subject to service termination per the
requirements set forth elsewhere in this article. Once the terms of
a payment agreement are violated, the customer has the option to submit
a written petition to the Borough Council, who is the sole authority
to grant further payment extensions or conditions to an established
arrangement/agreement. Unless a petition is granted by the Borough
Council, service will not be restored until payment is received in
full per the standing arrangement/agreement.
A.
Termination of service for nonresidential customers: Customers are
required to notify the company, to prevent liability for service used
by succeeding tenants, when vacating their premises. Upon receipt
of such notice, the company will read the meter and further liability
for service used on the part of the vacating customer will cease.
(1)
Grounds for authorized termination of service: Following the notice requirements set forth in Subsection C(1), the company's service may be terminated for any of the following actions of the customer:
(a)
Nonpayment of an undisputed delinquent account accrued for a
minimum of two billing periods.
(b)
Failure to complete payment of a deposit, provide a guarantee
or establish credit worthiness.
(c)
Failure to permit access to meters, service connections and
other property of the company at all reasonable times, for the purpose
of inspection, replacement, maintenance, repair or meter reading.
(d)
Failure to comply with the material terms of a payment agreement.
(e)
Tendering payment that is subsequently dishonored or the tendering
of payment with an access device, per 18 Pa.C.S.A. § 4106,
Access device fraud.
(2)
Grounds for immediate termination of service: The company's
service may be immediately terminated without notice for any of the
following actions of the customer:
(a)
Unauthorized use of the company's service delivered on
or about the affected structure.
(b)
Fraud or material misrepresentation of identity for the purpose
of obtaining company service.
(c)
Tampering with meters or other company equipment.
(d)
Violating any tariff provisions, so as to endanger the safety
of any person or the integrity of the company's energy delivery
system.
(e)
Pursuant to the terms of an agreement, or by mutual consent.
(4)
Days termination of service is prohibited: Except in emergencies or terminations under Subsection A(2), service shall not be terminated during the following periods:
(a)
On Saturday or Sunday.
(b)
On a bank holiday or on the day preceding a bank holiday.
(c)
On a holiday observed by the company or on the day preceding
such holiday. A holiday observed by the company shall mean any day
on which the business office of the company is closed to observe a
legal holiday, to attend company meetings or functions, or for any
other reason.
(5)
Winter terminations: No "winter period" shall be in effect for nonresidential customers. Authorized termination of service for nonresidential customers shall be effective for all months of the year as per the requirements aforesaid in Subsection A(1).
(6)
Unauthorized termination of service. Unless expressly and specifically
authorized by the Council or the Borough Manager, service shall not
be terminated, nor will a termination notice be sent, for any of the
following reasons:
(a)
Nonpayment for concurrent service of the same class received
at a separate metering point.
(b)
Nonpayment for a different class of service received at the
same or a different location. Service may be terminated, however,
when, under the company's tariff, a change in classification
is necessitated upon the completion of construction work previously
billed at a different rate applicable during construction.
(c)
Nonpayment, in whole or in part: for leased or purchased merchandise,
appliances, or special services, including but not necessarily limited
to merchandise and appliance installation fees, rental, and repair
costs; of meter testing fees; of special construction charges; and
of other nonrecurring charges that are not essential to delivery or
metering of service.
(d)
Nonpayment of bills for delinquent accounts of the prior customer
at the same address.
(e)
Noncompliance with a payment agreement prior to the due date
of the bill which forms the basis of the agreement.
(f)
Nonpayment of charges for company service furnished more than
two years prior to the date the bill is rendered.
(g)
Nonpayment for service already furnished in the name or names
of persons other than the customer, unless a court, district justice
or administrative agency has determined that the customer is legally
obligated to pay for the service previously furnished. This section
shall not affect the company's creditor rights and remedies otherwise
permitted by law.
B.
Termination of service for residential customers:
(1)
Grounds for authorized termination of service. Following the notice requirements set forth in Subsection C(1), the company's service to any dwelling may be terminated for any of the following actions of the residential customer:
(a)
Nonpayment of an undisputed delinquent account accrued for a
minimum of two billed months.
(b)
Failure to complete payment of a deposit, provide a guarantee
or establish credit worthiness.
(c)
Failure to permit access to meters, service connections and
other property of the company at all reasonable times, for the purpose
of replacement, maintenance, repair or meter reading.
(d)
Failure to comply with the material terms of a payment agreement.
(e)
Tendering payment that is subsequently dishonored under 13 Pa.C.S.A.
§ 3502 or tendering payment with an access device, as defined
in 18 Pa.C.S.A. § 4106(D), which is unauthorized, revoked,
or canceled.
(2)
Grounds for immediate termination of service. The company's
service may be immediately terminated without notice for any of the
following actions of the residential customer:
(a)
Unauthorized use of the company's service delivered on
or about the affected dwelling.
(b)
Fraud or material misrepresentation of identity for the purpose
of obtaining company service.
(c)
Tampering with meters or other company equipment.
(d)
Violating any tariff provisions, so as to endanger the safety
of any person or the integrity of the company's energy delivery
system.
(e)
Pursuant to the terms of an agreement, or by mutual consent.
(4)
Days termination of service is prohibited. Except in emergencies or terminations under Subsection B(2), service shall not be terminated during the following periods:
(a)
On Saturday or Sunday.
(b)
On a bank holiday or on the day preceding a bank holiday.
(c)
On a holiday observed by the company or on the day preceding
such holiday. A holiday observed by the company shall mean any day
on which the business office of the company is closed to observe a
legal holiday, to attend company meetings or functions, or for any
other reason.
(5)
Winter terminations. Unless otherwise authorized by the Council, after December 1 and before March 1 ("winter period"), the company shall not terminate service to residential customers. Nothing in this section or elsewhere in this article shall prohibit the company from using load limiting devices during the winter period (December 1 to March 1) on residential customers with delinquent accounts, provided the notice procedures set forth in Subsection C are fulfilled.
(6)
Unauthorized termination of service. Unless expressly and specifically
authorized by the Council or the Borough Manager, service shall not
be terminated, nor will a termination notice be sent, for any of the
following reasons:
(a)
Nonpayment for concurrent service of the same class received
at a separate metering point.
(b)
Nonpayment for a different class of service received at the
same or a different location. Service may be terminated, however,
when, under the company's tariff, a change in classification
is necessitated upon the completion of construction work previously
billed at a different rate applicable during construction.
(c)
Nonpayment, in whole or in part: for leased or purchased merchandise,
appliances, or special services, including but not necessarily limited
to merchandise and appliance installation fees, rental, and repair
costs; of meter testing fees; of special construction charges; and
of other non-recurring charges that are not essential to delivery
or metering of service.
(d)
Nonpayment of bills for delinquent accounts of the prior residential
customer at the same address.
(e)
Noncompliance with a payment agreement prior to the due date
of the bill which forms the basis of the agreement.
(f)
Nonpayment of charges for company service furnished more than
two years prior to the date the bill is rendered.
(g)
Nonpayment for residential service already furnished in the
name or names of persons other than the residential customer, unless
a court, district justice or administrative agency has determined
that the residential customer is legally obligated to pay for the
service previously furnished. This section shall not affect the company's
creditor rights and remedies otherwise permitted by law.
(h)
Nonpayment of charges calculated on the basis of estimated billings,
unless the estimated bill was required because company personnel were
unable to gain access to the affected premises to obtain an actual
meter reading and have made a reasonable effort to schedule meter
reading at a time convenient to the residential customer or occupant.
C.
Notice procedures for termination of residential customers and nonresidential
customers.
(1)
Notice requirements for authorized termination of service. Prior to a termination of service under Subsection A and B above, the company shall:
(a)
Provide written notice of the termination to the customer at
least five days prior to the date of the proposed termination. The
termination notice shall remain effective for 60 days. The company
may, at the discretion of the company, copy notice of termination
to landlord of delinquent accounts.
(2)
Post-termination notice requirements. Upon termination, the company
shall make a good-faith effort to provide a post-termination notice
to the customer or a responsible person at the affected premises,
and in the case of a single meter, multiunit dwelling, the company
shall conspicuously post the notice at the dwelling, including in
common areas when possible.
(3)
Notice when dispute pending. The company shall not mail or deliver
a notice of termination if a notice of dispute has been filed and
is unresolved, and if the subject matter of the dispute forms the
grounds for the proposed termination. Any notice mailed or delivered
in contravention of this section shall be void.
(4)
Procedures upon the customer or occupant contact prior to termination:
(a)
If, at any time after the issuance of the initial termination
notice and prior to the actual termination of service, a customer
or occupant contacts the company concerning a proposed termination,
an authorized company employee shall fully explain:
(b)
The company, through its employees, shall exercise good faith
and fair judgment in attempting to enter a reasonable settlement or
payment agreement, or otherwise equitably to resolve the matter. Factors
to be taken into account when attempting to enter into a reasonable
settlement or payment agreement shall include, but not be limited
to, the size of the unpaid balance, the customer's ability to
pay, the customer's payment history and the length of time over
which the bill accumulated. The company will negotiate payment arrangements
on the portion of the past due amount attributable to its charges.
(5)
Use of termination notice solely as collection device prohibited.
The company shall not threaten to terminate service when it has no
present intent to terminate service or when actual termination is
prohibited under this section; notice of the intent to terminate shall
be used only as a warning that service will in fact be terminated
in accordance with the procedure set forth by this section unless
the ratepayer or occupant remedies the situation which gave rise to
the company's enforcement efforts.
D.
No liability. Whenever the supply of electricity is disconnected
or reconnected in accordance herewith, the company shall not be liable
for any damage, direct or indirect, that may result from such disconnection
or reconnection. In all cases where the supply of electricity is disconnected
by reason of violation by the customer of any of the provisions hereof
or of any agreement with the company for the purchase of electricity,
there shall then become due and payable, in addition to the bills
in default, an amount equal to the monthly minimum charge for the
unexpired term of the agreement, not as a penalty, but in lieu of
the income reasonably to be expected during the unexpired term of
the agreement.
E.
Emergency provisions for residential customers.
(1)
General provision. The company shall not terminate, or refuse to
restore, service to any premises when any occupant therein is certified
by a physician or nurse practitioner to be seriously ill or afflicted
with a medical condition that will be aggravated by a cessation of
service or failure to restore service.
(2)
Postponement of termination pending receipt of certificate. If, prior
to termination of service, the company employee is informed that an
occupant is seriously ill or is affected with a medical condition
which will be aggravated by a cessation of service and that a certification
will be procured, termination shall not occur for at least three days.
Service may be terminated if no certification is produced within that
three-day period.
(3)
Medical certifications. Certifications must be written. The residential
customer shall obtain a letter from a licensed physician and promptly
forward it to the company. All certifications must include the following:
(a)
The name and address of the residential customer in whose name
the account is registered;
(b)
The name and address of the person with the medical condition
and his or her relation to the residential customer and/or occupant;
(c)
The nature and anticipated length of the affliction; and
(d)
The name, office address and telephone number of the certifying
physician.
(4)
Length of postponement: renewals. Service shall not be terminated
for the time period specified in the medical certification, provided
that maximum length of the certification shall be 60 days.
(a)
Time period not specified. If no length of time is specified,
or if the time period is not readily ascertainable, service shall
not be terminated for at least 60 days.
(5)
Restoration of service. When service is required to be restored under Subsection E(1) through (3) of this tariff (relating to emergency provisions), the company shall make a diligent effort to have service restored on the day of receipt of the medical certification. In any case, service shall be restored within 24 hours. The company shall have employees available or on call to restore service in emergencies.
(6)
Residential customer's duty to pay bills. Whenever service is
restored or termination postponed pursuant to the medical emergency
procedures, the residential customer shall retain a duty to equitably
arrange to make payment on all bills.
(7)
Termination upon expiration of medical certification. When the initial
and all renewal certifications have expired, the original ground for
termination shall be revived and the company may terminate service
without additional written notice, if notice previously has been mailed
or delivered pursuant to the notice requirements of this tariff.
(8)
Company's right to petition the Council.
(a)
The company may petition the Council for waiver from the medical
certification procedures for the following purposes:
[1]
Contest the validity of a certification. To request an investigation
by the Council or its designee when the company wishes to contest
the validity of the certification.
[2]
Terminate service prior to expiration of certification. To request
permission to terminate service for the ratepayer's failure to
equitably arrange to make payments on all bills.
(b)
The company shall continue to provide service while a final
Council adjudication on the petition is pending.
F.
Termination at any premises other than the residential customer's
residence.
(1)
General rule. Unless the affected occupants agree to a proposed termination, or the residential customer states in writing that the affected premises are unoccupied, the company shall not terminate service to a single meter multi-unit dwelling or any premises that is not the residential customer's residence, except in compliance with the following provisions, in addition to all other notice and procedural provisions in Subsection C of this tariff (relating to notice procedures prior to termination):
(a)
Notice requirement. At least five days prior to the proposed
termination, the company shall conspicuously post notice at the affected
dwelling. Where permissible, notice should be posted in common areas
of the dwelling.
(b)
Notice contents. In addition to other required provisions of
the section, a notice pursuant to this section shall include a statement
that the occupants are not responsible for the delinquencies of the
residential customer and the date on or after which service will be
terminated unless:
[1]
Payment in full is received from the ratepayer or the grounds
for termination are otherwise eliminated; or
[2]
A settlement or payment agreement is entered into between the
residential customer and the company; or
[3]
The occupants agree to subscribe for future service individually
and this can be accomplished without a major revision in distribution
facilities or additional right-of-way acquisitions; or
[4]
Where separate service cannot be instituted without a major
revision in distribution facilities or additional right-of-way acquisitions,
the occupants agree to be jointly and severally responsible for the
full amount of all future bills for service at the affected dwelling.
The consent of these occupants must be knowing and voluntary.
(c)
Where the residential customer arranges to make payment in accordance with Subsection F(1)(b)[1] or [2] of this section or where the occupants agree to subscribe for future service in accordance with Subsection F(1)(b)[3] or [4] of this section, the company shall consider the original grounds for termination eliminated and shall be prohibited from terminating service pursuant to those grounds. This section shall not affect the creditors' rights and remedies of the company otherwise permitted by law.
G.
Third-party notification for residential customers.
(1)
Third-party notification. The company shall permit its residential
customer to designate a consenting individual or agency which is to
be sent, by the company, a duplicate copy of all reminder notices,
past due notices, delinquent account notices, or termination notices
of whatever kind issued by the company. When contact with a third
party is made, the company shall advise the third party of the pending
action and the efforts which must be taken to avoid termination. The
company shall institute and maintain a program:
(a)
To allow residential customer to designate third parties to
receive copies of a residential customer's or group of residential
customer notices of termination of service;
(b)
To advise residential customer of the availability of such a
third-party notification program and to encourage their use thereof;
and
(c)
To solicit community groups and police to accept third-party
notices in order to assist in preventing unnecessary terminations
and protecting public health and safety.
The company reserves the right to discontinue the supply of
service for the following reasons, without notice:
A.
If the supply of electricity has been disconnected for any of the
reasons covered by this article, the company shall have a reasonable
period of time in which to reconnect the customer's service after
the conditions causing disconnection shall have been corrected. No
service disconnected will be reconnected after 3:00 p.m. on regular
working days, or on Saturdays, Sundays or Borough holidays.
B.
If the supply of electricity has been disconnected because of improper
use, nonpayment, or if, in the company's opinion, its meter or
wires or other apparatus have been tampered with, the company may
refuse to reconnect the customer's service until the customer
shall have:
(1)
Paid all delinquent bills;
(2)
Paid to the company an amount estimated by the company to be sufficient
to cover the electricity used but not recorded by the meter and not
previously paid for;
(3)
Made such changes in wiring or equipment as may in the opinion of
the company be proper for its protection; and
C.
If the supply of electricity has been disconnected by the company
at the request of any public authority having jurisdiction, the customer's
service will not be reconnected until authorization to do so has been
obtained from said public authority.
D.
Where the company has disconnected service for nonpayment of bill,
for other reasons listed in this article, or at the customer's
request, the customer shall pay a reconnection charge as a condition
of resuming service at the same location or at a different location;
the Borough Council may change and set the reconnection charge from
time to time by resolution of Borough Council.
A.
CONTRACTOR COSTS
DIRECT LABOR COSTS
DIRECT MATERIAL COSTS
POLE REMOVAL OR RELOCATION
For purposes of this rule, the following definitions are applicable:
The amounts paid by the company to a contractor for work
performed on a pole removal or relocation.
The pay and expenses of company employees directly attributable
to work performed on pole removals or relocations, but does not include
construction overheads or payroll taxes, workmen's compensation
expenses or similar expenses.
The purchase price of materials used in performing a pole
removal or relocation, but do not include related stores expenses.
In computing direct material costs, proper allowance shall be made
for unused materials, materials recovered from temporary structures,
and for discounts allowed and realized in the purchase of materials.
The removal or relocation of distribution line poles and
their associated attachments made under the request of a residential
property owner. The term does not include pole repairs or replacements
necessitated by the intentional or negligent conduct of a party.
B.
The removal or relocation of a pole when done at the request of others
is done at the applicant's request and payment of the company's
estimated cost of the removal or relocation is required in advance
of the construction. Charges are limited to contractor costs, direct
labor costs and material costs less an amount equal to avoided maintenance
costs.
The extension of the company's distribution facilities
for supplying electric energy either overhead or underground to a
customer or group of customers will be made under one of the following
plans subject to approval of the company, provided that the company
reserves the right to refuse to make an extension of its facilities,
or to reinforce its facilities, or to take title to and assume responsibility
for the future maintenance and replacement of facilities built to
another and offered to the company, when so doing the company is required
to assume an unusual financial risk or burden or is required to introduce
a hazard to the service of other customers, or to incur extraordinary
losses of electric energy or to suffer excessive operating, maintenance
and replacement cost.
A.
Extension Plan A: single-phase overhead line extension plan for customer with loads not exceeding 25 kilowatts; planned residential developments are exempt from the provisions of Subsection A and described in Subsection B (Extension Plan B and C). The company will build single-phase extensions to its distribution lines to serve small permanent customers in accordance with the following terms and conditions:
(1)
When an overhead extension is required, the customer shall pay the
estimated cost for the acquisition and/or preparation of rights of
way in advance in addition to any other costs and monthly minimums
required hereunder. This cost will be divided equally among the customers
connected to the extension or as may be mutually agreed upon by the
customers.
(2)
When an underground extension is required, the customer shall pay
the cost of such extension which will be the estimated cost difference
between the below-grade and overhead construction plus the estimated
cost for the acquisition and/or preparation of rights-of-way, in addition
to any other costs. Such costs will be divided equally among the customers
connected to the extension or as may be mutually agreed upon by the
customers and will be paid in advance.
(3)
The company will construct, own, and maintain all line extensions.
The company will provide the first 100 feet of service wire extending
from the general facilities of the company as well as an electric
meter determined by the company. Any additional line extension costs
in excess of the material allowance and related company labor costs
noted herein will be at the expense of the customer.
(4)
The company shall be under no obligation to construct a line extension(s)
in the event it is unable to acquire all necessary rights-of-way and
other consents from any parties other than the customer, in such a
form and substance acceptable to the company.
(5)
If the company is requested to extend or add to its facilities under
this plan in order to supply electric service to other than small
permanent customers or to meet special or unusual conditions, the
company will, after due consideration of the stability of the customer's
business and credit and proposed usage, make such arrangement with
the customer for financing the company's facilities or guaranteeing
revenue or a combination of the two; provided, however, that this
is done without preference to or discrimination against this customer
or customers.
B.
Extension Plan B: single-phase underground line extension plan for
customer with loads not exceeding 25 kilowatts.
(1)
APPLICANT FOR ELECTRIC SERVICE
DEVELOPER
DISTRIBUTION LINE
PLANNED RESIDENTIAL DEVELOPMENT
SERVICE LINE
SUBDIVIDER
SUBDIVISION
The developer of a recorded plot plan consisting of five
or more lots, or of one or more five unit apartment houses.
The party responsible for constructing and providing improvements
in a development, that is, streets, sidewalks and utility-ready lots.
An electric supply line of untransformed voltage from which
energy is delivered to one or more service lines.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, all of which are intended
for year-around occupancy, if electric service to the lots necessitates
extending the utility's existing distribution lines.
An electric supply line of untransformed voltage from which
service is delivered to the residence.
The party responsible for dividing a tract of land into building
lots which are not to be sold as utility-ready lots.
The consolidation of two or more lots or the division or
resubdivision of a lot, tract or parcel of land by any means into
two or more lots, tracts, parcels or other divisions of land, including
changes in existing lot lines for the purpose, whether immediate or
future, of lease, partition by the court for distribution to heirs
or devisees, transfer of ownership or building or lot development.
(2)
Underground facilities in new planned residential developments are
only required when a bona fide developer exists (i.e., only when utility-ready
lots are provided by the developer). A mere subdivision is not required
to have underground service; nothing in this rule shall prohibit the
customer from choosing underground service, at which time all applicable
rules and regulations herein will apply.
(3)
All distribution and service lines installed pursuant to an application
for electric service within a development shall be installed underground;
shall conform to the company's requirements and the specifications
set forth in the National Electric Safety Code (NESC), and shall be
owned and maintained by the company. All determinations of the applicability
of such standards shall be made by the company in its sole discretion.
Pad-mounted transformers may be installed by the company. Excavating,
back-filling and provision and installation of company-required conduits
shall be performed by the developer of the project or by such other
agent as the developer may authorize. Installation of service-related
utility facilities shall be performed by the company or by such other
agent as the company may authorize, pursuant to regular construction
inspections by the company. Any street-lighting lines installed then
or thereafter within the same development shall also be installed
underground, upon terms and conditions prescribed elsewhere in the
tariff. The company shall not be liable for injury or damage occasioned
by the willful or negligent excavation, breakage or other interference
with its underground lines occasioned by anyone other than its own
employees or agents.
(4)
Nothing in this section shall prohibit the company from performing
its own excavating and back-filling for greater system design flexibility.
(5)
The applicant for electric service to a development shall:
(a)
At its own cost, provide the utility with a copy of the recorded
development plot plan identifying property boundaries and with easements
satisfactory to the utility for occupancy by distribution, service
and street-lighting lines and related facilities.
(b)
At its own cost, clear the ground in which the lines and related
facilities are to be laid of trees, stumps and other obstructions,
provide the excavating and backfilling subject to the inspection and
approval of the utility, and rough grade it to within six inches of
final grade, so that the utility's part of the installation shall
consist only of laying of the lines and installing other service-related
facilities. Excavating, back-filling, and provision and installation
of company-required conduits performed or provided by the applicant
shall follow the utility's underground construction standards
and specifications. If the utility's specifications have not
been met by the applicant's excavating and back-filling, the
excavating and back-filling shall be corrected or redone by the applicant
or its authorized agent. Failure to comply with the utility's
construction standards and specifications permits the utility to refuse
utility service until the standards and specifications are met.
(c)
Request electric service at such time that the lines may be
installed before curbs, pavements and sidewalks are laid; carefully
coordinate scheduling of the utility's line and facility installation
with the general project construction schedule, including coordination
with other utilities sharing the same trench; keep the route of lines
clear of machinery and other obstructions when the line installation
crew is scheduled to appear; and otherwise cooperate with the utility
to avoid unnecessary costs and delay.
(d)
Pay to the utility necessary and additional costs incurred by
the utility as a result of the following:
[1]
Installation of underground facilities that deviate from the
utility's underground construction standards and specifications
if the deviation is requested by the applicant for electric service
and is acceptable to the utility.
[2]
A change in the plot plan by the applicant for electric service
after the utility has completed engineering for the project or has
commenced installation of its facilities.
[3]
Physical characteristics, such as oversized lots or lots with
extreme setback, where under the utility's line extension policy
contained in its tariff a charge is mandated for overhead service.
[4]
Additional company facilities or equipment specifically required
in order to provide service to the applicant/customer.
(6)
Whenever the distance from the end of the company's existing
distribution line to the boundary of the development is 100 feet or
more, the 100 feet of new distribution line nearest to, but outside,
such boundary, shall be installed underground, if determined practicable
by the company; and whenever such distance is less than 100 feet from
said boundary, all of the new distribution line nearest to, but outside,
such boundary, shall be installed underground, if determined practicable
by the company. The installation required by this subsection shall
be provided by the company, without cost to the applicant.
C.
Extension Plan C: line extension plan to serve customers with loads
exceeding 25 kilowatts or requiring three-phase service. The company
will build extensions to its distribution lines to serve customers
with connected loads exceeding 25 kilowatts or requiring three-phase
service in accordance with the following terms and conditions.
(1)
When an underground extension is required, the customer shall pay
the cost of such extension which will be estimated cost difference
between below grade and overhead construction, in addition to any
other costs and monthly minimums required hereunder. Customer shall
pay the estimated cost for the acquisition and/or preparation of rights-of-way.
Such costs will be divided equally among the customers connected to
the extension or as may be mutually agreed upon by the customers,
and will be paid in advance.
(2)
The company will construct, own, and maintain all line extensions.
The company will provide the first 100 feet of service wire extending
from the general facilities of the company as well as an electric
meter determined by the company. Any additional line extension costs
in excess of the material allowance and related company labor costs
noted herein will be at the expense of the customer.
(3)
The company shall be under no obligation to construct a line extension(s)
in the event it is unable to acquire all necessary rights-of-way and
other consents from any parties other than the customer, in such a
form and substance acceptable to the company.
(4)
If the company is requested to extend or add to its facilities in
order to supply electric service the company will, after due consideration
of the stability of the customer's business and credit and proposed
usage, make such arrangement with the customer for financing the company's
facilities or guaranteeing revenue or a combination of the two; provided,
however, that this is done without preference to or discrimination
against this customer or customers.
(5)
A line extension is speculative when, in the company's judgment,
the continued future use of the facilities by any customer is uncertain.
The company may require a minimum distribution revenue guarantee for
speculative line extensions equal to the company's estimated
fully allocated installation and removal costs, less salvage, with
no length allowance. Prior to construction, the company may require
from the customer a surety bond, or other security acceptable to company,
in the amount of the guarantee in addition to any deposit required
to secure payment of service bills.
(6)
The company constructs line extensions to supply service to customers
in residential, commercial or industrial developments in specific
areas, with a customer annual guarantees based on the number of customers
which the company estimates to be served in the development within
two years from initial construction. The developer (or property owner)
shall provide, without charge to the company, right-of-way for lines
and equipment which is suitable in the opinion of the company for
the installation of company facilities throughout the development.
"Suitable right-of-way" includes, but is not limited to, providing
ground line clearing of trees, brush and other obstructions, rough
grading, and access by mechanical construction equipment.
The company will furnish electricity to the customer only for
his own use, on the premises occupied through ownership or lease by
the customer. The electricity furnished by the company shall not be
remetered, submetered or otherwise controlled by the customer for
resale or assignment to another or others, except for existing apartment
house, office building, or shopping center owners, operators, or managers
who may provide submetering in compliance with applicable rates and
company technical requirements with permission of the company.
A.
The company will advise and assist the customer in resolving electrical
problems relating to service up to the point of delivery, which is
the meter for underground service and the weatherhead for overhead
or at the discretion of the company in extenuating circumstances.
The actual work performed by the company service workers on the customer's
installation will be confined to routine normal system maintenance,
the restoration of service and the isolation of faulty circuits or
equipment. The customer will be advised of any further work required
by the customer's appliance repairman or electrician.
B.
The company service workers will not make corrections or changes
to facilities on the customer's side, which is any point past
the point of delivery. These facilities are the responsibility of
the customer.
C.
Request for service calls will be taken at the Borough Office during
normal business hours of the Borough. All after-business-hours calls
are regarded as emergency call outs.
D.
Any charges incurred by the company for work beyond routine normal
system maintenance, at the request of the customer, will be charged
to the requesting customer at the same rate of costs as incurred by
the company, unless an established service fee exists for the work
performed.
