[Adopted 12-6-2010 by Ord. No. 503]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context or language clearly indicates or requires a different
meaning:
An account is one metered or unmetered rate or service classification
which normally has one electric delivery point of service. Each account
shall have only one electric service supplier providing full electric
supply requirements for that account. A premises may have more than
one customer account.
The Borough of New Wilmington, Lawrence County, Pennsylvania.
The term includes any person in whose name a service account
is listed; who occupies a premises, building, structure, etc.; or
has assumed responsibility for payment of the account. A customer
includes anyone taking delivery service or combined electric supply
and delivery service from the Borough under one service classification
or an account. Multiple accounts under the same name(s) are considered
multiple customers.
An electrical generating unit of less than one MW, which
may be connected to the Borough electric system.
The Borough's electric distribution system operation
to which generation equipment is interconnected.
The electrical generating units produced in excess of the
electrical generating units used by the customer and which are made
available to the Borough through the electric distribution facility.
The owner of the generating system that is interconnected
to the Borough electric system.
Any individual, partnership, association, corporation or
other entity.
The technical requirements adopted and amended from time
to time by the Council of the Borough pursuant to this article.
Any customer may become a generator owner and shall be permitted
to connect distributed generation or on-site distributed generation
equipment to the Borough electric system, subject to this article
and the rules and regulations adopted by the Council of the Borough
from time to time.
Within 60 days of the effective date of this article, the Council
of the Borough shall adopt rules and regulations relative to the standards,
requirements and enforcement of this article. A copy of the rules
and regulations shall be available to the public for review between
the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, except
holidays, at the office of the Borough.
The rules and regulations may be amended from time to time by
resolution of the Council of the Borough.
Any customer intending to become a generator owner must make
application to the Borough pursuant to the rules and regulations.
A customer who also is a generator owner shall not be entitled
to any payment or compensation for distributed generation or on-site
distributed generation produced and provided to the Borough through
the Borough's electric system. A customer who is a generator
owner shall receive a credit for excess distributed generation or
on-site distributed generation. Said credit shall only be applied
to the customer's account for such property producing the excess
distributed generation or on-site distributed generation and may not
be sold or otherwise transferred to another customer. The amount of
the credit shall be determined from time to time by resolution of
the Council of the Borough. The credit shall never exceed 10 KW for
residential accounts or 50 KW for nonresidential accounts. Successor
customers shall not be entitled to any accumulated credit for the
account of a prior customer.
The Borough shall have the right to immediately disconnect a
generator owner's distributed generation or on-site distributed
generation from the electric distribution facility if, in the opinion
of the Borough, the generator owner's distributed generation
or on-site distributed generation is a danger to the health, safety
and well-being of the Borough, its residents and/or the public or
otherwise in violation of the Borough's rules and regulations.
Any customer whose application to interconnect to the electric
distribution facility is denied and any person who receives a citation
for violation of this article shall have the right to appeal the denial
or citation to the Council of the Borough. Appeals pursuant to this
article shall be made within 30 days of the denial of an application
or receipt of a citation for violation of this article. All appeals
shall be submitted, in writing, with the appeal fee as determined
by Council from time to time and on any form that may be prescribed
by the Borough Council from time to time, to the Borough Secretary
on forms to be provided by the Borough. The Council of the Borough
shall conduct a hearing within 40 days of receipt of an appeal after
30 days' public notice. Within 10 days of the date of the conclusion
of said hearing, the Council of the Borough shall render its decision,
in writing, which shall be served upon the person filing such appeal
by regular United States Postal Service mail. The decision of the
Borough shall be enforced during the pendency of any appeal pursuant
to this article. The appeal hearing and the rendition of the decision
shall be open to the public.
Any customer or person violating any provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $500 plus costs of prosecution, and, in default of payment
of such fines and costs, to undergo imprisonment for not more than
30 days; provided each violation of any provision of this article
and each day the same continues shall be deemed a separate offense.
