Borough of Mifflinburg, PA
Union County
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Table of Contents
Table of Contents

§ 8-101 Definitions.

[Ord. 85-17, 12/17/1985, § 1; as amended by Ord. 98-08, 11/17/1998, § 1]
BOROUGH
Borough of Mifflinburg, Pennsylvania.
CONNECTED LOAD
The combined rated capacity of all of the consumer's lights, motors or other energy-consuming devices.
CONSUMER
The corporation, association, partnership or individual being served by or using electric service supplied by the Borough.
CONSUMER'S INSTALLATION
All wires, cutouts, switches, appliances and apparatus of every kind and nature used in connection with or forming a part of an installation for utilizing electric energy for any purpose, ordinarily located on consumer's side of the point of delivery, and including the service leads, whether such installation is owned outright by the consumer or used by the consumer under lease or otherwise.
POINT OF DELIVERY
The point where the Borough's wires or apparatus are connected to the service leads of the consumer.
SERVICE
The furnishing of service or the delivery of energy referred to in the rules and regulations and in contacts with consumers shall be construed to mean readiness and ability on the part of the Borough to maintain at the point of delivery the approximate frequency, phase, and voltage sufficient to supply the maximum demand that at the time the Borough is obligated to supply, whether or not the consumer makes any use thereof.

§ 8-102 General.

[Ord. 85-17, 12/17/1985, § 2; as amended by Ord. 87-9, 7/21/1987; and by Ord. 91-04, 4/16/1991, § 1]
A copy of this Part which contains the rates, rules and regulations governing the supply of electric energy to consumers in the Borough of Mifflinburg by the Borough of Mifflinburg is posted and open to inspection at the Borough office, 333 Chestnut Street, Mifflinburg, Pennsylvania.
1. 
This Part may be revised, amended, supplemented, or otherwise changed from time to time, and such changes, when effective, shall have the same force as the original. No representative has authority to modify any rule or provision of this Part or to bind the Borough by any promise or statement contrary thereto.
2. 
The rules and regulations are a part of every contract for service and govern all classes of service unless otherwise specifically modified by a rate.
3. 
The Borough's employees are strictly forbidden to demand or accept any personal compensation or gifts for service rendered by them while working for the Borough on the Borough's time.
4. 
All electric consumers utilizing electrical services within the Borough limits of Mifflinburg Borough shall be required to purchase any and all electrical utility services from the Borough of Mifflinburg.
5. 
The amount of deposits required for initial electrical hookups shall be determined through resolution of the Borough Council.

§ 8-103 Application and Contract for Service.

[Ord. 85-17, 12/17/1985, § 3; as amended by Ord. 98-08, 11/17/1998, § 2; and by Ord. 2002-08, 7/16/2002, § 1]
1. 
Contract for Service. The Borough reserves the right to require the consumer to sign a written contract indicating the rate under which service is to be supplied. Receipt of electric service, however, shall constitute the receiver a consumer of the Borough subject to its rules and regulations, whether service is based upon contract, agreement, accepted signed application, or otherwise.
2. 
Right to Reject Application. The Borough shall have the right to reject, for any valid reason, any application. The Borough may require contracts for service.
3. 
Right-of-Way and Access to Property. Borough representatives, who are properly identified, shall have full and free access to the consumer's premises at all reasonable times for the purpose of reading meters, for inspection and repairs, for removal of Borough property, or for any other purpose incident to the service. The consumer should immediately communicate with the Borough in case of any question as to the authority or credentials of Borough representatives. The consumer shall provide without charge a right-of-way acceptable to the Borough for such lines across property owned or controlled by the consumer as in the judgement of the Borough are necessary to furnish the service. When the premises of the consumer is so located that right-of-way across the property of another is required for the supply of service, the consumer shall reimburse the Borough for any and all special, or rental charges that may be made for such right-of-way permit.
4. 
One Point of Delivery. The rates in the Part, unless otherwise stated, are based upon the supply of service to a single delivery point. The use of service at two or more separate meters will not be combined for billing purposes.
5. 
Short-Term Contracts. Service may be supplied under the rate applicable for the character of service required for periods less than the standard contract period, subject to guaranteed revenue. In the case of seasonal consumers taking service under § 8-114, Subsection 1, the Borough may require such consumers to pay 12 months' guarantee in advance, said advance to apply on bills rendered during such seasonal or short-term contracts.
6. 
Service for Construction or Emergency. The Borough may supply service for construction, emergency or temporary purposes only when the Borough has available equipment capacity. This service shall be at the rate applicable for such service, including a demand charge as applicable, with an additional charge for connection and disconnection. The charge for such connection and disconnection shall be based on installing and removing such service but shall not be less than $125.
7. 
Prior Debts. Service will not be furnished to former consumers until any indebtedness to the Borough for previous service has been satisfied.
8. 
Unauthorized Use of Service. Unauthorized connection to the Borough's supply facilities may be terminated without notice. Use of service without notifying the Borough and enabling it to read its meter will render the user liable for any amount due for service supplied to the premises from time of last reading of meter immediately preceding this occupancy as shown by the Borough's books.

§ 8-104 Guarantee of Payment.

[Ord. 85-17, 12/17/1985, § 4; as amended by Ord. 91-04, 4/16/1991, § 2; by Ord. 98-08, 11/17/1998, § 3]
1. 
Deposits. A cash deposit may be required from any consumer to insure payment of the final bill in compliance with the Borough's rules and regulations.
2. 
Amount of Deposit. Deposits required from consumers taking service for a period of less than 30 days shall equal the estimated gross bill for such temporary period. Deposits required from all other consumers shall be $75 or as stipulated in the current security deposit resolution.
3. 
Interest on Deposits. Said deposit with the Borough shall not bear interest from the Borough.
4. 
Refund of Deposits. Upon discontinuation of service, the Borough may apply any deposit then in its possession toward the final settlement of the consumer's account, and any remaining balance thereof will be refunded to the consumer. If a consumer shall complete three successive years of nondelinquent payments, the deposit will be refunded to the consumer at the close of the Borough's fiscal year.
5. 
Payment of Undisputed Bills. Payment of any undisputed bill shall be either: payment of the bill (whether or not within the net rate period) within 30 days following presentation of the bill, or payment of any contested bill within 10 days after the dispute is terminated.

§ 8-105 Consumer's Installation.

[Ord. 85-17, 12/17/1985, § 5; as amended by Ord. 98-08, 11/17/1998, § 4; and by Ord. 2002-08, 7/16/2002, § 2]
1. 
Consumer's Wiring. The consumer's service and meter connection shall be installed in accordance with the Borough's requirement in a location approved by the Borough. The consumer's service lead shall extend not less than three feet outside the exterior walls of the building and shall be not less than 12 feet nor more than 25 feet above finished grade.
2. 
Underwriter's Inspection. The consumer's wiring and electric apparatus shall be installed, operated and maintained in conformity to all local or other governmental requirements, to rules and requirements of the National Electrical Code as adopted by the National Fire Protection Association, Inc., and shall be inspected and approved by a competent electrical inspector before connection to the Borough's system will be made. All subsequent installations or changes shall also be inspected and approved in advance of connection to the Borough's system. The Borough may examine the consumer's installation at any time and may refuse to make connection or to commence or continue service whenever such installation is not in proper operating condition.
3. 
Character of Service. The phase, voltage, size and type of all motors and equipment installed by consumers shall be subject to the approval of the Borough. The consumer shall install motor, starting devices, automatic circuit breakers, switches, fuses or overload devices of a type approved by the Borough and shall adjust, renew or replace the same as required or at the request of the Borough. The Borough may regulate the method of starting motors in order to keep excess current required for such starting as low as practicable, without in any way rendering the Borough responsible for control or operation of any such equipment.

§ 8-106 Service Connection.

[Ord. 85-17, 12/17/1985, § 6; as amended by Ord. 89-01, 1/17/1989, § 1, 2, 3, and 4; by Ord. 98-08, 11/17/1998, § 5; and by Ord. 2002-08, 7/16/2002, § 3]
1. 
Facilities Supplied by Borough. The Borough will install at its expense on the private property of a consumer, and for the exclusive use of such consumer, the meter and the first 100 feet of overhead service wires extending from the Borough's supply wires. Usually all other wiring and equipment on private property of the consumer shall be furnished and installed by the consumer, including the running of service wires from houses in rear of lot over the premises of another to a point where the Borough can connect the same from the nearest pole on the street.
2. 
Underground Service in New Residential Developments.
A. 
For the purpose of this section only, the following items shall have the meanings indicated for them.
AVERAGE FRONT-FOOTAGE
The quotient of the total front-footage of all lots within the development, excluding the longer side of each corner lot, divided by the total number of lots within the development.
DEVELOPMENT
Five or more adjoining unoccupied lots in a recorded plan for the construction of single-family residences (detached or otherwise) intended for year-round occupancy, or one or more adjoining lots for the construction of one or more apartment houses containing an aggregate of five or more family units, if electric service to such residential or apartment house lots necessitates extending the Borough's existing distribution lines.
DISTRIBUTION LINE
An electric supply line from which energy is delivered to one or more service lines.
ROW HOUSE
One of a continuous row of five or more single-family residences, in which the house at each end of the row has one party wall, and each of the intervening houses has two party walls.
SERVICE LINE
A line receiving energy from a distribution line and delivering it to the meter or a disconnection device, controlling service to the residence or apartment building, whichever is nearer the distribution line. For the purpose of Subsection C(4), that portion of the service line which extends from the curbline will be used for computation of additional charges.
B. 
All distribution and service lines installed pursuant to a development shall be installed in an underground conduit system; and shall conform to the Borough's construction standards; and shall be owned and maintained by the Borough. Such installation shall be performed by the Borough or by such other entity as the Borough may authorize. Any streetlighting lines installed then or thereafter shall also be installed underground. The Borough shall not be liable for injury or damage occasioned by the willful or negligent excavation, breakage or other interference with its underground lines by other than its own employees or agents.
C. 
The applicant for electric service to a development shall:
(1) 
At his own cost, provide the Borough with easements satisfactory to the Borough for occupancy by distribution, service and streetlighting lines and related facilities except in public ways which the Borough has the legal right to occupy.
(2) 
At his own cost, clear the ground, in which the aforesaid lines and related facilities are to be laid, of trees, stumps, and other obstructions and rough grade it to within six inches of final grade, so that the Borough's part of the installation shall consist only of trenching, laying of the lines, and backfilling to rough grade. At the option of the Borough, the applicant or his agent may perform the trenching, laying of the conduit, and backfilling subject to inspection and approval by the Borough.
(3) 
Request electric service at such time that the aforesaid lines may be installed before curbs, pavements, and sidewalks are laid; 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 Borough to avoid unnecessary costs.
(4) 
The applicant shall be responsible for all excavation, backfill, tailings, restoration and provision and installation of conduit, manholes sweeps and associated equipment per construction requirements of the Borough. All underground systems shall include a spare conduit system.
D. 
If the applicant fails to comply with Subsection C(2) or C(3), or changes his lot plan after installation of the Borough's lines has begun, or otherwise necessitates additional costs by his act or failure to act, such additional costs shall be borne by the applicant.
E. 
Whenever the distance from the end of the Borough'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 practicable; 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 practicable. The installation required by this subsection shall be provided by the Borough, without cost to the applicant.
3. 
New Underground Service Other Than Any Development or Renewal of Existing Service. Consumers desiring underground service to a residence or other building not previously served by the Borough and not located in a development, or any consumer whose existing service must be replaced through no fault of his own and such consumer requests an underground service, the Borough will provide such service where feasible at a cost based upon current time and material prices in effect at the time of installation, with a minimum charge of $75, to be paid before such construction is scheduled. The consumer shall also bear all charges for excavation, laying of conduit, backfilling and all costs associated with the conversion of any existing service connection.
4. 
Undergrounding of Existing Overhead Electric Service. Consumers desiring underground service primarily for aesthetic benefits when existing overhead service is in satisfactory condition will be accommodated when equipment and manpower are available, at Borough convenience. Charge for this service will be based upon current time and material prices in effect at the time of installation, with a minimum fee of $100, to be paid before any construction is scheduled. The consumer shall also bear all charges for excavation, laying of conduit, backfilling and the conversion of their electric service connection.
5. 
Underground Service Installation Damages. The Borough shall exercise due care in providing underground service but will not be responsible for replacement of sod or damages to trees or shrubbery disturbed.
6. 
Change, Modification or Relocation of Service of Borough's Facilities. Any alterations or changes in service connections or relocation of service connections or Borough's transformer substations supplying individual consumers or additional service to the same property shall be at the expense of the consumer when any of said contingencies is requested by the consumer.

§ 8-107 Meter Installation.

[Ord. 85-17, 12/17/1985, § 7; as amended by Ord. 98-08, 11/17/1998, § 6; and by Ord. 02-08, 7/16/2002, § 4]
1. 
Meters Supplied by Borough. The Borough will furnish, install, maintain and own any meter, transformer or transformers, required for measurement of the service supplied. Customer meter location shall be approved by the Borough.
2. 
Meter Location. The consumer shall provide, without charge to the Borough, a suitable place for the meter or meters, transformer or transformers, or other equipment of the Borough. Such place shall be on convenient access to the Borough's meter readers or inspectors. Meters must be located as directed by the Borough. The Borough shall direct meter location prior to installation.
3. 
Capacity of Borough's Meters. The meters, transformers, service connections and equipment supplied by the Borough for each consumer have a definite load capacity, and no additions to the equipment or load connected thereto will be allowed without the consent of the Borough.
4. 
Right to Remove Borough's Equipment. All meters, transformers, or other equipment supplied by the Borough shall remain its exclusive property. The Borough shall have the right to remove all its property from the premises of the consumer at any time after the termination of service, whatever may have been the reason for such termination.
5. 
Interference with Borough's Property. Where the service facilities or other equipment have been tampered with, resulting in improper measurement of the service supplied, the consumer shall be required to pay for such electric service, as the Borough may estimate from available information, to have been used but not registered by Borough's meters. In addition thereto, the consumer shall be required to bear all costs incurred by the Borough for investigations and inspections, and for such protective equipment as in the judgment of the Borough maybe necessary. The consumer may also be subject to a fine not to exceed $250 for willful tampering.
6. 
Reverse Registration. The Borough may, by ratchet or other device, control its meter so as to prevent registration.
7. 
Special Metering Requirements. When, in the interests of public safety, it is necessary to provide a separate service for exit lighting or other emergency purposes in theaters, hospitals, hotels, etc., all such meter readings will be combined for billing purposes.
8. 
Graphic Meters. In all cases where the character of service rendered requires graphic meters, the consumer shall, when requested by the Borough, provide attendants to care and change, as required, Borough's meter charts.

§ 8-108 Meter Errors and Tests.

[Ord. 85-17, 12/17/1985, § 8; as amended by Ord. 98-08, 11/17/1998, § 7]
1. 
Adjustment of Error. The consumer shall accept as a standard of measurement the meter or meters installed by the Borough. Should the meter or meters become defective or fail to register correctly, the amount of energy used shall be determined by a test of the meter or meters, by the registration of a meter or meters replacing the defective meter or meters during the period next following or by the amount of energy used during a corresponding period of the preceding year.
2. 
Meter Tests. The Borough, at its expense, will make periodic tests and inspections of its meters in order to maintain them at a high standard of accuracy. The Borough reserves the right to make a minimum charge of $150 for three-phase demand meters and $50 for single-phase demand or residential meters for any additional tests or inspections made at the request of a consumer provided, such test finds the meter to be correct with prescribed tolerances of accuracy, plus or minus 3%.

§ 8-109 Maintenance of Service by Borough.

[Ord. 85-17, 12/17/1985, § 9]
1. 
Notice of Trouble. The consumer shall notify the Borough promptly of any defect in, accident to, or trouble with or damage to Borough lines or property that he discovers and of which the Borough may have no knowledge.
2. 
Continuity of Service. The Borough will use reasonable diligence to preserve as nearly as possible the continuity of its service, but in the event of failure of service, in whole or in part, the Borough shall not be subject to any liability, penalty, or payment for or on account of any such failure, and in no event shall the Borough be liable for consequential damages.

§ 8-110 Consumers' Use of Service.

[Ord. 85-17, 12/17/1985, § 10; as amended by Ord. 2002-08, 7/16/2002, § 5]
1. 
Resale of Service. Unless there is a provision to the contrary, service shall not be used for any purpose or in any place other than that stipulated in the contract or rate schedule nor shall the energy supplied by the Borough be resold or used by any other than the consumer contracting with the Borough.
2. 
Unbalanced Load. Where service is supplied as three-phase alternating current, the consumer shall take and use the same so that the current will be taken equally from the three phases as nearly as possible. Whenever the difference between any two phases is greater than 10% of the lesser, the consumer shall make at his expense the necessary changes to correct the unsatisfactory condition or the Borough will compute the demand used for billing purposes on the basis that the current taken from each of the three phases is equal to the greatest quantity taken from one phase.
3. 
Fluctuations. The consumer shall not use service in such a manner as to cause excessive voltage fluctuations, harmonics, transients or disturbances on the Borough's system. All standby generations shall include a transfer switch arrangement as approved by the Borough.
4. 
Change of Installation. The service connections, transformers, meters and appliances have a limited capacity, and no addition to the equipment or load of the consumer connected shall be made without the previous consent of the Borough. A violation of this rule makes the consumer liable for damages resulting therefrom.

§ 8-111 Auxiliary Service.

[Ord. 85-17, 12/17/1985, § 11]
1. 
Application of Rule. Unless it is specified to the contrary in the schedule, the Borough's schedules are not available, without the application of this rule, for service to consumers who have another source of power which can be substituted for Borough's service in the conduct of any part of the consumer's operations, except in cases where such other source is maintained solely for use in case of the possible failure of the Borough's service.
When only a portion of the Borough's service is within the scope of the preceding paragraph, the consumer may at his option provide separate circuits for that portion, and the remainder of Borough's service will then be metered or billed separately without applying this rule thereto, even though the applicable schedule states that it is available only when all service is supplied thereunder through a single meter.
2. 
Rate. Service hereunder will be supplied under the rates, terms, and conditions of the applicable General Light and Power Service Schedule in Borough's General Tariff, subject to the terms of this rule relating to the monthly guarantee.
3. 
Monthly Guarantee. Consumers supplied hereunder shall guarantee a net minimum monthly payment under the applicable schedule of an amount equivalent to the charge under that schedule for a use of 100 kwh per kilowatt of reserved capacity, calculated as if the billing KW were equal to the reserved capacity.
4. 
Reserved Capacity. The reserved capacity shall be the average kilowatts corrected for power factor in the manner prescribed in the schedule supplied during the single fifteen-minute period of maximum use during the current month or any of the preceding three months, but in no case less than three kilowatts.
5. 
Protection of Borough Facilities. The Borough may require the consumer to furnish and install an approved load-limiting device, which shall be set and sealed by the Borough so that consumer's use of service will not exceed the capacity of the Borough's available facilities.
6. 
Contract Period: not less than the minimum term specified in the schedule, except that, when the consumer advises the Borough in writing of the permanent discontinuance of the use of all other sources of power and executes a new contract for service under this rule, the contract will be canceled.

§ 8-112 Billing Demand.

[Ord. 85-17, 12/17/1985, § 12]
1. 
Determination of Demand. The method of determining the demand as stated in the applicable schedules is subject to the following regulations unless it is specified to the contrary in the schedules.
2. 
Calculation of Demand. Where the rate is based in part or as a whole on a demand expressed in kilowatts, a fractional part thereof shall be taken as a whole, in the determination of the monthly charge made, only when such a fraction is equal to 1/2 or more; otherwise the fraction shall be disregarded, provided that in no case will the monthly charge be based upon less than one such unit.
3. 
Power Factor Adjustment. Where the schedule provides for a power factor adjustment of the demand, the power factor, in percent, in the case of poly-phase service, shall be 100 multiplied by the kwh divided by the square root of the sum of the kwh squared, and in the case of single-phase service, shall be determined by test made periodically at the discretion of the Borough.
4. 
Widely Fluctuating Load. When the load is widely fluctuating, the length of the period used in determining the billing kilowatts shall be taken to be five minutes instead of any longer period specified in the schedule. A load shall be considered widely fluctuating if 50% of the connected load consists of hoists, elevators, welding machine, electrical furnaces and other installations where the use of electricity is intermittent or subject to violent variations.

§ 8-113 Defects in Consumer's Installation.

[Ord. 85-17, 12/17/1985, § 13; as amended by Ord. 98-08, 11/17/1998, § 8]
1. 
Right to Inspect. The Borough shall have the right, but shall not be obliged, to examine the consumer's installation at the time service is first supplied or at any later time.
2. 
Defective Installation. If at any time the wiring, fixtures or appliances of the consumer are found to be defective or dangerous by the Borough's employees, service may be refused or discontinued until the consumer has the condition corrected. The Borough's undertaking extends only to the supply service at the point of delivery.
3. 
Consumer's Responsibility. The consumer 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. The consumer is warned of the risk of damage to property and the possibility of fire or personal injury resulting from improper wiring and manner of attachment or use and maintenance of electric appliances, fixtures and apparatus. The consumer is advised to allow no one except experienced and capable electricians to install or make any change, alteration, addition or repair to any part of consumer's installation. The consumer shall indemnify for loss, damage or injury to persons or property in any manner directly or indirectly arising from, connected with, or growing out of the transmission or use of current by the consumer at or on consumer's side of the point of delivery.

§ 8-114 Extensions.

[Ord. 85-17, 12/17/1985, § 14; as amended by Ord. 2002-08, 7/16/2002, § 6]
1. 
Extension of Overhead Distribution Lines. This rule sets forth the terms and conditions under which the Borough's overhead distribution system will be extended to supply new customers, where extension in excess of 350 feet is required.
Consumers served from said extensions shall pay a monthly minimum charge to the Borough for service supplied under the applicable rates equal to $60 per mile of pole line required to render the service. The minimum charges to all consumers on any single line extension shall be of equal value. Nothing herein contained shall preclude any consumer from assuming more than his pro rata share of the total monthly minimum charge, subject to acceptance thereof by the Borough.
Additional consumers will be supplied from an existing line extension at the minimum charge in effect on such line extension. Minimum charges will be adjusted annually (January 1) to lower values to give credit for the additional consumers who have not already been included in establishing the minimum charge.
A continuation of an existing line extension, including branches thereto, shall be considered as a new and separate line extension when the addition of the new extension will result in a higher minimum charge to the consumer already receiving service from the existing line extension; otherwise consumers on the additional extension shall pay minimum charges determined by combining the original and the additional extension.
The contract for service shall be for a term not less than one year, and the minimum charges applicable under this line extension rule shall continue in effect for any continuation or extension of the contract term.
The applicant or applicants requesting the line extension shall furnish without expense to the Borough satisfactory rights-of-way necessary for the erection, maintenance, and operation of the line extension, including trimming of such trees as the Borough deems necessary.
The Borough will furnish, install and maintain at its expense the meter and first 100 feet of service wire required for the exclusive service of any consumer.
The Borough may delay the construction of any line extension until the applicant or applicants have completed the wiring and installation of equipment necessary to receive and use service.
Where supply facilities and extension conditions other than those prescribed above are required to render service, the monthly minimum charges shall be proportionately increased on the basis of 1 1/2% of the estimated construction cost of such additional facilities.
2. 
Other Extension. The Borough's obligation to extend its facilities to a new point of delivery, other than as set forth in § 8-114, Subsection 1, is limited to the assumption of new investment to the extent warranted by the revenue anticipated from the service to be supplied. Where the anticipated revenue does not warrant the investment required to serve, the Borough will determine for each case what guarantees of revenue, financing or term of contract shall be required of the consumer.
3. 
Termination of Extension Minimum Charge. The extension minimum charge may be terminated at the discretion of the Borough when nine nonseasonal consumers per mile have been connected to each extension.

§ 8-115 Payment Terms.

[Ord. 85-17, 12/17/1985, § 15; as amended by Ord. 98-08, 11/17/1998, § 9]
1. 
Billing Period. Bills will be rendered monthly for service supplied during the previous month to all consumers and must be paid at the office of the Borough during business hours.
2. 
Net Payment Period. Bills are due and payable when issued and shall be considered as received by the consumer when left at or mailed to the place where service is received. Should payment not be made within the net payable period, an additional charge will be made as specified in the rate statement. The final date for payment of the net amount will be 20 days after the date issued. Should the final day for net payment fall on a Sunday or holiday, the bill will be considered net if paid on the first working day following the Sunday or holiday.
3. 
Payment by Mail. When bills are paid by remittance through the United States mail, the date of the postmark on the enclosing envelope will be considered as the date of payment.
4. 
Delinquent Bills. If the bill is not paid within 30 days from the date of bill, the consumer shall be considered delinquent in payment, and the Borough may at any time thereafter, prior to payment thereof after having served written notice, discontinue service. Failure to receive the bill shall not entitle the consumer to relief from payment of the gross bill if not paid within 30 days.
5. 
Advance Payments. Residential and commercial consumers who desire to make monthly or periodic deposits of money with the Borough prior to receiving the bill may, at the consumer's convenience, and in any amount, deposit the money at the office of the Borough. Such deposit will be credited towards the next bill, and the credit will be shown on that bill.

§ 8-116 Disconnection by Borough.

[Ord. 85-17, 12/17/1985, § 16; as amended by Ord. 91-04, 4/16/1991, § 3]
1. 
Nonpayment Shut-Off. The Borough reserves the right to disconnect its service on 48 hours' notice and remove its equipment in case of nonpayment of bill.
2. 
Violation of Rules and Regulations. The Borough may, upon reasonable notice, disconnect service because of violation of the Borough's Rules and Regulations.
3. 
Safety Shut-Off. The Borough may disconnect without notice if the consumer's installation has become dangerous or defective, or if upon examination of the consumer's installation by a filed underwriters' association having jurisdiction, a certificate of approval is refused.
4. 
Shut-Off for Fraud. The Borough may disconnect without notice for abuse, fraud, or tampering with the meters, connections or other equipment of the Borough.
5. 
Reconnection Charges. Service disconnected by the Borough under the provisions of Subsections (1), (2) and (4) above will be restored only upon payment in advance of a $60 reconnection charge in addition to any other arrearages under the consumer's contract, except when it has been necessary to remove service wires to effect a discontinuance of service. In any case, service will be restored only on payment to the Borough of the costs of discontinuance and restoration.

§ 8-117 Discontinuance of Service or Change of Character of Service.

[Ord. 85-17, 12/17/1985, § 17; as amended by Ord. 98-08, 11/17/1998, § 10]
1. 
Notice to Discontinue. The consumer must give the Borough at least three days' written notice to discontinue service and shall be liable for service taken until the meter is disconnected. Such notice prior to the expiration of the contract will not relieve the consumer from any minimum or guaranteed payment under any contract rate.
2. 
Change of Character of Service. The customer must make application for change in character of existing service in accordance with requirements for a new service.
3. 
Final Bill. The final bill for service is due and payable immediately after notice to discontinue and final reading of the meter.

§ 8-118 Administration of Rates.

[Ord. 85-17, 12/17/1985, § 8; as amended by Ord. 98-08, 11/17/1998, § 11; by Ord. 00-01, 1/18/2000, § 1; and by Ord. 2002-08, 7/16/2002, § 8]
1. 
Load Inspections. Where the supply of service is under rates which base the billing demand or minimum charge upon the consumer's connected load, the Borough's representative shall have access to the premises at reasonable times to inspect and count the connected load.
2. 
Billing Charges. Where demands are reassessed or redetermined or power factor recomputed or remeasured or consumers are found to be on an improper rate as the result of the investigation made at consumer's request or by routine inspection, the change of billing to the new demand or power factor, or the proper rate will apply change of billing to the bill for the month during which the investigation is made.
3. 
Applicable Rate. The customer shall take service under the applicable rate applied for by the customer.
4. 
Billing During Periods of Emergency. The Borough shall reserve the right to base its bills for service upon applicable rate for the consumer or to modify or waive the requirements of the applicable rates as to billing demand, minimum billing and/or minimum monthly charges when:
A. 
The consumer is forced to suspend operation in part or entirely due to fire or flood.
B. 
Unusual high demands are established by emergency pumping or other abnormal load conditions.
Written requests for relief must be made stating fully the circumstances on which the request is based. If appropriate, the contract term shall be extended for a period equal to that of the relief granted.

§ 8-119 (Reserved)

[Ord. 85-17, 12/17/1985, § 19; as amended by Ord. 89-01, 1/17/1989, § 5; by Ord. 94-02, 5/17/1994, § 1; by Ord. 95-08, 12/19/1995, § 1; and by Ord. 98-08, 11/17/1998, § 12]

§ 8-120 Residential Service (Rate R).

[Ord. 85-17, 12/17/1985; as amended by Ord. 89-01, 1/17/1989, § 6; by Ord. 98-08, 11/17/1998, § 13; by Ord. 00-01, 1/18/2000, § 2; and by Ord. 2005-4, 4/19/2005, § 1]
1. 
Availability. Available to customers located on the Borough's distribution lines and desiring services for household and other related uses in a single private dwelling and all appurtenant detached buildings, an individual unit in a multiple-dwelling structure. Available to a private dwelling in which space is used in connection with the conduct of a business or profession by a person residing therein, providing that the amount of electricity used in connection with the business does not exceed 50 kilowatt hours per month.
2. 
Character of Service. Alternating current, 60 hertz, single phase; 120 volts, two wire; 120-208 volts, three wire; 120-240 volts, three wire.
3. 
Contract Term and Billing. Standard contracts are on a yearly basis with charges computed monthly and billed bimonthly for service taken.
4. 
Rate Table. Net rates per kilowatt hour of energy used each month:
Customer Charge
$6.30 per kwh
First 500 kwh
$0.07600 per kwh
All Additional kwh
$0.06430 per kwh
5. 
Minimum Monthly Charge. The minimum monthly charge shall be an amount equal to the customer charge but not less than $6.30.
6. 
Multiple Dwellings. When two or more dwelling units are supplied through one meter, the minimum charge will be multiplied by the number of dwelling units supplied.
7. 
Payment Terms. Bills are due and payable on or before the 20th day of the month. After the 20th day, an additional 5% will be charged on unpaid bills. If unpaid at the end of 30 days, the Borough reserves the right to terminate service without further notice.
8. 
Each monthly electric bill shall include a positive or negative purchased power adjustment clause factor to reflect changes in the actual purchased power cost. The purchased power adjustment clause shall be applied to each kilowatt-hour (kwh) supplied under all rate schedules. This adjustment shall be determined to the nearest 0.01 mill in accordance with the formula set forth below and shall be applied to all kilowatt-hours supplied during the billing period.
A. 
The purchased power adjustment shall be calculated as follows:
A
=
(C-B) x (D/E)
A
=
Amount of purchased power adjustment per kilowatt-hour to be applied to all bills
C
=
Total current cost of power purchased from the Borough's power suppliers determined by dividing the total cost of power, including all costs, by the kilowatt-hours purchased during the first preceding calendar month prior to the billing date
B
=
Base purchased power cost, set by resolution
D
=
Total kilowatt-hours purchased by the Borough from all power suppliers for the 12 preceding months
E
=
Total kilowatt-hours sold by the Borough for the preceding 12 calendar months
B. 
The purchased power adjustment clause shall be computed monthly.

§ 8-121 (Reserved) [1]

[1]
Editor's Note: Former § 8-21, Customer Owned and Operated Electric Generation Systems, as amended, was repealed 6/18/2013 by Ord. No. 2013-02.

§ 8-122 General Light and Power Secondary Service (Rate GLP-1) (1 KW Minimum).

[Ord. 85-17, 12/17/1985; as amended by Ord. 89-01, 1/17/1989, § 8; by Ord. 97-04, 5/20/1997, § 2; by Ord. 98-08, 11/17/1998, § 15; by Ord. 00-01, 1/18/2000, § 3; and by Ord. 2005-4, 4/19/2005, § 1]
1. 
Availability. Available to nonresidential customers located on Borough's distribution lines desiring electric service for general lighting and/or power service. Minimum billing demand will be one kilowatt.
2. 
Character of Service. Alternating current, 60 hertz, single phase, 120-240 volts, 3 wire; and 3 phase 120-240 volts, 4 wire; 240 volts, 3 wire; 120-208 volts, 4 wire.
3. 
Contract Term Billing. Contract shall be for a term of not less than one year with monthly payments for service taken.
4. 
Rate Table. The customer's monthly bill shall be the sum of the demand and energy charges:
Customer Charges
$6.30
Capacity Charge
$5.85 per kilowatt for all kilowatts of billing KW
Energy Charge (All kwh)
$0.05707 per kwh
5. 
Minimum Monthly Charge. The minimum monthly charge shall be the sum of the customer charge and the demand charge but not less than $12.15.
6. 
Determination of Demand. The demand shall be the greatest 15 minute load in kilowatts established during the month, taken for billing purposes to the nearest 1/2 kilowatt.
7. 
Payment Terms. Bills are net if paid within 20 days. An additional 5% will be added to any unpaid bills or outstanding balance thereof after 20 days. If unpaid at the end of 30 days, the Borough reserves the right to terminate service without further notice.
8. 
Each monthly electric bill shall include a positive or negative purchased power adjustment clause factor to reflect changes in the actual purchased power cost. The purchased power adjustment clause shall be applied to each kilowatt-hour (kwh) supplied under all rate schedules. This adjustment shall be determined to the nearest 0.01 mill in accordance with the formula set forth below and shall be applied to all kilowatt-hours supplied during the billing period.
A. 
The purchased power adjustment shall be calculated as follows:
A
=
(C-B) x (D/E)
A
=
Amount of purchased power adjustment per kilowatt-hour to be applied to all bills
C
=
Total current cost of power purchased from the Borough's power suppliers determined by dividing the total cost of power, including all costs, by the kilowatt-hours purchased during the first preceding calendar month prior to the billing date
B
=
Base purchased power cost, set by resolution
D
=
Total kilowatt-hours purchased by the Borough from all power suppliers for the 12 preceding months
E
=
Total kilowatt-hours sold by the Borough for the preceding 12 calendar months
B. 
The purchased power adjustment clause shall be computed monthly.

§ 8-123 General Light and Power Secondary Service (Rate GLP-3) (25 KW Minimum).

[Ord. 85-17, 12/17/1985; as amended by Ord. 89-01, 1/17/1989, § 9; by Ord. 98-08, 11/17/1998, § 16; by Ord. 00-01, 1/18/2000, § 4; by Ord. 00-01, 1/18/2000, § 3; and by Ord. 2005-4, 4/19/2005, § 1]
1. 
Availability. Available to nonresidential customers located on the Borough distribution lines desiring electric service for general lighting and/or power service. Minimum building demand will be 25 kilowatts. The minimum billing demand of 25 kilowatts shall be maintained for 12 consecutive months of service under this rate.
2. 
Character of Service. Alternating current, 60 hertz, single phase, 120-240 volts, 3 wire; and 3 phase 120-240 volts, 4 wire; 240 volts, 3 wire; 120-208 volts, 4 wire.
3. 
Contract Term Billing. Contract shall be for a term of not less than one year with monthly payments for service taken.
4. 
Rate Table. The customer's monthly bill shall be the sum of the demand and energy charges:
Customer Charge
$6.30
Demand Charge
$5.30 per kilowatt for all kilowatts of the billing KW
Energy Charge:
First 150 kwh per kilowatt of the billing KW
$0.05788 per kwh
Next 100 kwh per kilowatt of the billing KW
$0.04138 per kwh
All Additional kwh
$0.03858 per kwh
5. 
Minimum Monthly Charge. The minimum monthly charge shall be an amount equal to the customer charge and demand charge but not less than $138.80.
6. 
Determination of Demand. The demand shall be determined by recording or indicating meters. When measured by indicating meters the demand shall be the highest 15 minutes demand in kilowatts used during the month, and when measured by recording meters the billing demand shall be calculated as the average of the four highest 15 minutes demands recorded during different days of the month; provided, that the Borough reserves the right to use for billing purposes the single maximum demand established during a five minute interval when a power installation includes hoists, elevators, welding machines, electric furnaces or other load having high intermittent peak load requirements.
7. 
Payment Terms. Bills are net if paid within 20 days. An additional 5% will be added to bills or unpaid balance thereof after 20 days. If unpaid at the end of 30 days, the Borough reserves the right to terminate service without further notice.
8. 
Each monthly electric bill shall include a positive or negative purchased power adjustment clause factor to reflect changes in the actual purchased power cost. The purchased power adjustment clause shall be applied to each kilowatt-hour (kwh) supplied under all rate schedules. This adjustment shall be determined to the nearest 0.01 mill in accordance with the formula set forth below and shall be applied to all kilowatt-hours supplied during the billing period.
A. 
The purchased power adjustment shall be calculated as follows:
A
=
(C-B) x (D/E)
A
=
Amount of purchased power adjustment per kilowatt-hour to be applied to all bills
C
=
Total current cost of power purchased from the Borough's power suppliers determined by dividing the total cost of power, including all costs, by the kilowatt-hours purchased during the first preceding calendar month prior to the billing date
B
=
Base purchased power cost, set by resolution
D
=
Total kilowatt-hours purchased by the Borough from all power suppliers for the 12 preceding months
E
=
Total kilowatt-hours sold by the Borough for the preceding 12 calendar months
B. 
The purchased power adjustment clause shall be computed monthly.

§ 8-124 (Reserved)

[Ord. 85-17, 12/17/1985; as amended by Ord. 89-01, 1/17/1989, § 10; and by Ord. 98-08, 11/17/1998, § 17]

§ 8-125 General Light and Power Primary Service (Rate GLP-4) (25 kw minimum).

[Ord. 85-17, 12/17/1985; as added by Ord. 98-08, 11/17/1998, § 18; and as amended by Ord. 00-01, 1/18/2000, § 5; by Ord. 00-01, 1/18/2000, § 3; and by Ord. 2005-4, 4/19/2005, § 1]
1. 
Availability. Available to nonresidential customers located on the Borough's distribution lines desiring electric service for general lighting and/or power service. Minimum billing demand will be 25 kilowatts.
2. 
Character of Service. Alternating current, 60 hertz, 3 phase, 12,470 volts with primary metering.
3. 
Contract Term and Billing. Contract shall be for a term of not less than one year with monthly payments for service taken.
4. 
Rate Table. The customer's monthly bill shall be the sum of the demand and emergency charges:
Consumer Charge
$6.30
Capacity Charge
$5.30 per kilowatt for all kilowatts of the billing KW
Energy Charge
First 150 kwh per kilowatt of the billing KW
$0.05478 per kwh
Next 100 kwh per kilowatt of the billing KW
$0.03918 per kwh
All additional kwh
$0.03348 per kwh
5. 
Minimum Monthly Charge. The minimum monthly charge shall be an amount equal to the customer charge and demand charges but not less than $138.80.
6. 
Determination of Demand. The demand shall be determined by recording or indicating meters. When measured by indicating meters the demand shall be the highest 15 minutes demand in kilowatts used during the month. When measured by recording meters, the billing demand shall be calculated as the average of the four highest 15 demands recorded during different days of the month; provided, that the Borough reserves the right to use for billing purposes the single maximum demand established during a five-minute interval when a power installation includes hoists, elevators, welding machines, electric furnaces or other load having high intermittent peak load requirements.
7. 
Payment Terms. Bills are net if paid within 20 days. Bills or any part not paid within 20 days are subject to the net rate plus 5%. If unpaid at the end of 30 days, the Borough reserves the right to terminate service without further notice.
8. 
Each monthly electric bill shall include a positive or negative purchased power adjustment clause factor to reflect changes in the actual purchased power cost. The purchased power adjustment clause shall be applied to each kilowatt-hour (kwh) supplied under all rate schedules. This adjustment shall be determined to the nearest 0.01 mill in accordance with the formula set forth below and shall be applied to all kilowatt-hours supplied during the billing period.
A. 
The purchased power adjustment shall be calculated as follows:
A
=
(C-B) x (D/E)
A
=
Amount of purchased power adjustment per kilowatt-hour to be applied to all bills
C
=
Total current cost of power purchased from the Borough's power suppliers determined by dividing the total cost of power, including all costs, by the kilowatt-hours purchased during the first preceding calendar month prior to the billing date
B
=
Base purchased power cost, set by resolution
D
=
Total kilowatt-hours purchased by the Borough from all power suppliers for the 12 preceding months
E
=
Total kilowatt-hours sold by the Borough for the preceding 12 calendar months
B. 
The purchased power adjustment clause shall be computed monthly.

§ 8-126 Private Area Lighting.

[Ord. 85-17, 12/17/1985; as added by Ord. 98-08, 11/17/1998, § 19]
1. 
Availability. Available to customers located on the Borough's distribution lines desiring area lighting where contracted for by a customer for private area lighting.
2. 
Character of Service. High-pressure sodium lighting for dusk to dawn service at a nominal 120 volts.
3. 
Contract Term and Billing. Contract shall be for a term of not less than one year with monthly payments for service taken.
4. 
Rate Term and Billing. Rates are per lamp, per month. Payments shall be monthly for service rendered.
Lamp Size
Monthly Rate
150 watts high-pressure sodium
$7.25
5. 
Payment Terms. Bills are net if paid within 20 days. An additional 5% will be added to bills or unpaid balance thereof after 20 days. If unpaid at the end of 30 days, the Borough reserves the right to terminate service without further notice.
6. 
Standard Construction. The rates specified in the rate table cover the supply of lamps and equipment to mount lighting luminaries on existing Borough-owned poles. The customer will install, own and maintain all poles on customer property and all service extensions on customer property from the Borough's standard service supply lines. This service may be contracted to the Borough at the current time and material rate in effect at the time of the installation. Construction arrangements must be made prior to installation.
7. 
Maintenance. All facilities on Borough owned poles shall be owned and maintained by the Borough. Lamp renewal service, during normal working hours of the Borough will be provided upon notice to the Borough of lamp outages.

§ 8-127 Customer-Owned Electric Service Generation.

[Added by Ord. 2013-02, 6/18/2013]
1. 
Customer generation may be installed to offset the customer energy consumption up to the annual consumption of the customer at a single service account and single property, subject to the capacity limits established by resolution of the Borough. Customer generation shall be subject to the requirements of the Borough. The installation shall comply with all applicable land use, zoning, planning, Borough ordinances, rules, regulations and the applicable electric classification and rates. Customer generation shall be owned and operated by the customer.
2. 
If the customer generates more energy than consumed during a monthly billing cycle, the customer shall receive an energy credit in kilowatt hours for the next billing month. Monthly credit shall be applicable to energy only. Excess energy credits shall expire with no additional credit or compensation from the Borough at the end of a twelve-month period established by resolution. The customer shall be required to pay all applicable charges, including customer, capacity, tax and the purchased power adjustment.
3. 
The customer-generator operating an electric-generating facility shall maintain homeowners', commercial or other insurance providing coverage in the amount of at least $1,000,000 for the liability of the insured against losses or damages arising from the use of the customer's electric-generating facility. The Borough shall be named an additional insured. The customer must submit evidence of such insurance to the Borough before interconnection with the Borough system. The Borough's receipt of evidence of liability insurance shall not imply an endorsement of the terms and conditions of the coverage.
4. 
Applicable fees shall be set by resolution of the Borough. The customer shall be responsible for costs as set by resolution.
5. 
All customer-owned generation shall be subject to the Borough of Mifflinburg Technical Requirements for Customer Owned Generation, as amended by resolution of the Borough.

§ 8-128 Customer-Owned Standby and Portable Generation.

[Added by Ord. 2013-02, 6/18/2013]
1. 
Standby generation shall be allowed with the express written authorization and approval of customer equipment by the Borough. Standby generation shall be limited to permanent installations and include open or closed transition automatic switching, subject to approval by the Borough.
2. 
Portable customer-owned generation shall be allowed only without electrical connection between the Borough service, building electrical service and the portable generation. No portable or temporary switching shall be allowed between generator to building wiring, including outlet connections.
3. 
All customer-owned generation shall be subject to the Borough of Mifflinburg Technical Requirements for Customer Owned Generation, as amended by resolution of the Borough.
4. 
In no case shall customer-owned portable or standby generation be allowed in any building, garage or enclosure not specifically designed for that purpose. The generator shall be located where exhaust fumes will not enter into enclosed spaces. Generator location shall be consistent with manufacturer recommendations.

§ 8-2101 Legislative Intent.

[Ord. 2009-1, 2/17/2009, § 1]
The Borough Council of Mifflinburg, as the retail electric regulatory authority for the municipality and its retail electric consumers, determines it to be desirable that the aggregation of demand response on behalf of its retail customers to be bid directly into the organized electric and ancillary services markets administered by the regional transmission organization that includes the Borough be performed by the Borough or its authorized designee.

§ 8-2102 Aggregation of Retail Customer Demand Response.

[Ord. 2009-1, 2/17/2009, §§ 3, 4]
1. 
The Borough, or its authorized designee, is the sole entity permitted to aggregate retail customers' demand response and bid demand response on behalf of retail customers of the Borough directly into any Commission-approved independent system operator's or regional transmission organization's organized electric markets.
2. 
Retail customers on the Borough's electric system desiring to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized electric markets may do so only by participating in the program established by the Borough or its authorized designee.

§ 8-2103 Ancillary Services Provided by Demand Response Resources.

[Ord. 2009-1, 2/17/2009, §§ 4, 5]
1. 
The Borough or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers of the Borough directly into any Commission-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff).
2. 
Retail customers of the Borough's electric system desiring to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff) may do so only by participating in the program established by the Borough or its authorized designee.