Borough of Quakertown, PA Part 8 ELECTRIC SERVICE RULES AND REGULATIONS

§ 801 Title; Purpose; Interpretation.

[Ord. 1211, 9/2/2015]

1. This Part shall be known and may be cited as the "Electric Service Rules and Regulations."

2. The purpose of this Part 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.

3. These Electric Service Rules and Regulations are consistent with applicable provisions of state and federal law.

4. These Electric Service Rules and Regulations do not preclude the Borough of Quakertown from using best management practices to ensure the fair and equitable access to electric service and recovery of customer costs. These Electric Service Rules and Regulations may be amended at any time, and from time to time, by the Council.

5. Interpretation of this service Part as to its intent and applicability will be made by the company in its sole discretion, subject to review of the Borough Council.

6. This service Part shall supersede and repeal any prior enactment of the Borough Council, and prior rules of the company, which are inconsistent herewith.

§ 802 Definitions.

[Ord. 1211, 9/2/2015]

As used in this Part, the following terms shall have the meanings indicated:

CAPACITY REQUIRED

The maximum rate of use of energy by the customer during a stated time interval, expressed in kw, kilowatts; 1,000 watts.

COMPANY

The Electric Department of the Borough of Quakertown.

COUNCIL

The Borough Council of the Borough of Quakertown.

CUSTOMER

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.

ENERGY REQUIRED

The use of energy by the customer, expressed in kwh, kilowatt hours; the use of 1,000 watts for one hour.

MONTH

The period between two monthly meter readings, taken as nearly as practicable on the same date each calendar month, as selected by the company.

RATE ORDINANCE(S)

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.

SERVICE

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.

SERVICE POINT

The point of connection between the electric lines of the company and the electric system of the customer.

§ 803 Characteristics of Service Supplied.

[Ord. 1211, 9/2/2015]

1. The company will furnish only alternating current at available company standard voltages:

	Single-Phase
	120 volts, 2-wire
	120/240 volts, 3-wire
	240 volts, 2-wire
	THREE-PHASE
	120/208 volts, 4-wire
	240 volts, 3-wire
	277/480 volts, 4-wire
	480 volts, 3-wire
	2,400 volts, 3-wire
	7,200/12,470 volts, 4-wire

2. Electric service shall not be submetered or resold by the customer except as provided in wholesale or net metering rate ordinances or upon written consent of the company.

3. 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 estimated difference in total cost between overhead and underground service.

4. 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 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" [§ 824].

§ 804 Application for Service.

[Ord. 1211, 9/2/2015]

1. The company reserves the right to require the applicant, before any electricity is delivered, to execute an application of "electric 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 Part shall be binding unless incorporated in a written contract signed by the company and the customer.

2. 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.

3. 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.

4. Requirements for Service.

A. Customers should directly, or through an electrical contractor, make application with the company for the purpose of giving the exact location of premises and details of all current-consuming devices which are to be installed. The company will thereupon designate a 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 the contract.

B. The wiring on the premises for connection to the 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.

C. 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 recognized inspection service. This covers new buildings and modifications involving a wiring change.

D. 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.

E. 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 its judgment, special conditions may make more than one 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.

F. Service connections will not be made until the wiring on the premises is actually in progress or completed.

G. 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 the point of supply connections. All equipment supplied by the company shall remain its exclusive property and may be removed after termination of service for whatever cause.

H. 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.

I. Where energy is desired at 2,400 volts or higher, the company will extend its facilities to a 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.

J. In the event the company may be required to place underground any portion of its mains, wires or services or relocate any pole or feeders, the customer, at his own expense, shall change the location of the delivery point to that readily accessible to the new location.

5. All fees or other charges required to be paid in connection with the issuance of inspection certificates shall be borne by the applicant.

6. Any changes in, or additions to, the original wiring, equipment or appliances of an applicant or customer should be installed in compliance with the requirements of the National Board of Fire Underwriters and such other requirements as may be fixed by the inspection authority having jurisdiction.

7. In no event shall the company be under any obligation to inspect the wiring, equipment or appliances of an applicant or customer.

§ 805 Service Limitations.

[Ord. 1211, 9/2/2015]

1. 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.

2. 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.

§ 806 Service Connections.

[Ord. 1211, 9/2/2015]

1. 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 landowner 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. With respect to the item "right-of-way," the company shall not be required to build line extensions over a private right-of-way in the event that such construction involves the company making payment for right-of-way easements or tree trimming rights.

2. Should any change or changes in the service connection furnished the customer by the company be made necessary by any requirement of public authority, the entire cost of such changes on the customer's side of the delivery point shall be borne by the customer.

3. Normally the company will supply and meter at one delivery point electricity of the characteristics desired by the customer at the delivery point.

4. 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.

§ 807 Location of Company Equipment.

[Ord. 1211, 9/2/2015]

1. Without cost to the company, the customer shall furnish a 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.

2. 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.

3. The customer shall provide suitable space for the installation of the necessary metering apparatus, which space shall be:

A. Substantially free from vibration and dust; and, if practicable, at any outside location;

B. Readily accessible and convenient for reading, testing and servicing; and

C. Such that the apparatus will be protected from injury by the elements or the negligent or deliberate acts of persons.

4. All service equipment furnished and installed by the company shall be and remain the property of the company.

5. 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.

§ 808 Access to Customer Premises.

[Ord. 1211, 9/2/2015]

The company shall have free access at a reasonable hour to the customer's premises for such purposes as may be proper and necessary in connection with supplying service.

§ 809 Deposits for Service.

[Ord. 1211, 9/2/2015]

1. The company shall require a security deposit during application for utility services pursuant to the Quakertown Borough Fee Schedule.

2. The company will allow interest on cash deposits pursuant to the Quakertown Borough Fee Schedule. For residential customers, the interest calculation will generally comply 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.

3. Deposits shall be returned to residential customers upon termination of service and after termination billing is satisfied so long as the customer is not currently delinquent or when other guarantees satisfactory to the company are offered. Deposits of other classes of customers are subject to return, prior to discontinuance of service, solely at the option of the company.

4. Deposits shall cease to bear interest upon discontinuance of service (or, if earlier, when the company closes the account).

5. When a residential customer or a residence is involved, the company will generally comply 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.

6. The payment of any undisputed bill shall be due within 20 days following presentation of the bill. The payment of any contested bill, payment of which is withheld beyond the period herein mentioned and the dispute is terminated substantially in favor of the customer, shall be made by the customer within 10 days thereafter.

§ 810 Selection of Rate.

[Ord. 1211, 9/2/2015]

1. 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 the customer in order to determine which rate is then the most favorable to the customer.

2. An investigation will be made by the company if and when the customer notifies the company of changes in his connected loan, capacity required, operating conditions, or other factors which may affect the selection of the rate, and the customer will be assisted in determining whether a change in rate is then advisable.

3. 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 rate applied and that which would have been made if a more-favorable applicable rate had been chosen and applied.

§ 811 Customer Installation and Responsibility.

[Ord. 1211, 9/2/2015]

1. It is necessary for the protection of the customer that all work, wiring and apparatus shall be inspected and approved by a certified third-party electrical inspector.

2. 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.

3. 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.

§ 812 Metering and Billing.

[Ord. 1211, 9/2/2015]

1. Where service is rendered under rate ordinance provisions which do not require monthly demand measurements, meters may be read and bills rendered either monthly or bimonthly, at the company's option. When bills are rendered bimonthly, the minimum bill and the number of kilowatt hours included in each energy block of the rate shall be twice the amount specified for monthly billing. When the use of electricity averages over 2,000 kilowatt hours per month and the customer does not participate in the uniform monthly payment plan or the average payment plan as may be provided in certain rates, monthly billing will be used if requested by the customer.

2. 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 filed rates.

3. 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.

4. Bills shall be rendered, as nearly as practicable, for thirty-day periods when monthly and sixty-day periods when bimonthly. However, bills for less than 25 days or more than 35 days for monthly billing, and bills for less than 50 days or more than 70 days for bimonthly billing shall be prorated on the basis of the ratio of the number of days in the period to the number of days included in the standard period, which will be taken at 30 days for monthly billing and 60 days for bimonthly billing. Bills shall be due on the date rendered. In case of any dispute at the date of rendering, the postmark shall control.

5. 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.

6. 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.

7. 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 will be made by the company in its sole discretion.

8. An average payment plan (APP) is offered as a convenience to qualified customers who request this payment option. The plan is an alternative payment option. Participation in the APP does not affect the calculation of charges applied to the customer's account nor the customer's ultimate responsibility to pay for all billings rendered. To qualify, a customer must be served under the residential rate ordinance, as adopted. At the company's option, small nonprofit organizations served under the commercial rate may also qualify for this payment option. New customers may be required to pay their initial regular billing in full to be eligible for the APP. Under the APP, a customer's monthly payment amount will be calculated based on 1/12 of the last 12 months' usage and priced to include the current approved base rates, average fuel and purchased power adjustment rates and any other applicable charges. The average usage and APP payment amount will be recomputed with each metered billing. When a customer does not have 12 months' billing history, the company may, at its discretion, estimate the customer's projected annual usage. Any difference that accumulates between the calculated APP payments and the actual charges for a twelve-month period will be amortized over the next twelve-month period. At any time, the company may adjust the APP payment amount to prevent an excessive accumulated difference. APP payments are due 20 days from the billing date. If an APP customer is delinquent with two consecutive APP payments, the company shall have the option of terminating the customer's participation in the plan. When a customer's account is closed and a final bill is rendered, the total account balance will become due in 20 days. The company reserves the right to restrict the enrollment period to any thirty-day window per year. The company may market the APP service under a variety of names, including "budget billing."

§ 813 Use of Electricity.

[Ord. 1211, 9/2/2015]

1. The Council shall be the sole retail electric regulatory authority for the Borough of Quakertown and all its retail electric consumers.

2. The company is the sole entity permitted to aggregate retail customers' power needs and demand response.

3. The Borough Manager, as general manager of the company, is authorized to adopt any necessary regulations to implement this Part.

4. No other power supply shall be connected with the company's facilities, except by written consent of the company.

5. 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.

6. 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.

7. 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.

§ 814 Interruption to Service Supplied by the Company.

[Ord. 1211, 9/2/2015]

1. 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.

2. 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 of any electric system interconnected with the company.

§ 815 Payments.

[Ord. 1211, 9/2/2015]

1. 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 presentation and become past due after the net payment period provided in the rate ordinance. Bills are payable at any office of the company or to any collector 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 a company office. Failure to receive a bill does not excuse the customer from its payment obligation, and payments shall be due and payable as provided herein without regard to any counterclaim whatsoever.

2. 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.

§ 816 Discontinuance of Service.

[Ord. 1211, 9/2/2015]

Agreements are not transferable without the company's consent. Whether or not there is a written agreement, upon a 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 contracted for.

§ 817 Waivers.

[Ord. 1211, 9/2/2015]

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.

§ 818 Termination of Service.

[Ord. 1211, 9/2/2015]

1. 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.

2. Termination of Service for Residential Customers.

A. Grounds for Authorized Termination of Service. Following the notice requirements set forth in Subsection 3A, the company's service to any dwelling may be terminated for any of the following actions of the residential customer:

(1) Nonpayment of an undisputed delinquent account.

(2) Failure to complete payment of a deposit, provide a guarantee or establish creditworthiness.

(3) 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.

(4) Failure to comply with the material terms of a repayment agreement.

(5) 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.

B. 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:

(1) Unauthorized use of the company's service delivered on or about the affected dwelling.

(2) Fraud or material misrepresentation of identity for the purpose of obtaining company service.

(3) Tampering with meters or other company equipment.

(4) Violating any tariff provisions, so as to endanger the safety of any person or the integrity of the company's energy delivery system.

(5) Pursuant to the terms of an agreement, or by mutual consent.

C. Conditions for Not Terminating Service.

(1) Evidence is present which indicates that payment has been made.

(2) A serious illness or medical condition exists at the premises.

(3) A dispute or complaint is properly pending.

(4) The employee is authorized to receive payment and payment in full is tendered in any reasonable manner.

D. Days Termination of Service is Prohibited. Except in emergencies or terminations under Subsection 2B, service shall not be terminated during the following periods:

(1) On Saturday or Sunday.

(2) On a bank holiday or on the day preceding a bank holiday.

(3) 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.

E. Winter Terminations. Unless otherwise authorized by the Council, after November 30 and before April 1 ("winter period"), the company shall not terminate service to residential customers with household incomes at or below 250% of the federal poverty level, except for termination in accordance with Subsection 2B above. The company may terminate service during the winter period to residential customer with household incomes exceeding 250% of the federal poverty level. To be eligible for a winter termination exemption, a customer must make application with the company by providing the company with a copy of the customer's current year federal tax return.

F. Unauthorized Termination of Service. Unless expressly and specifically authorized by the Council, service shall not be terminated, nor will a termination notice be sent, for any of the following reasons:

(1) Nonpayment for concurrent service of the same class received at a separate metering point.

(2) 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.

(3) 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 charges; and of other nonrecurring charges that are not essential to delivery or metering of service.

(4) Nonpayment of bills for delinquent accounts of the prior residential customer at the same address.

(5) Nonpayment of, or failure to restore a deposit applied to, a delinquent account which is based all or in part on a "make-up" bill for previously unbilled company service, resulting from: company billing error, meter failure, leakage that could not reasonably have been detected or loss of service not caused by the residential customer or occupant; or two or more consecutively estimated bills, if the "make-up" bill exceeds the otherwise normal, estimated bill by 50%. This section shall not prohibit termination where the company reviews the bill with the residential customer and offers to enter a payment agreement which may, at the residential customer's option, extend: at least as long as the period during which the excess amount accrued; or at least as necessary so that the quantity of service billed in any one billing period will not be greater than the normal estimated quantity for such period plus 50%.

(6) Noncompliance with a payment agreement prior to the due date of the bill which forms the basis of the agreement.

(7) Nonpayment of charges for company service furnished more than two years prior to the date the bill is rendered.

(8) 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.

(9) 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 on two occasions and have made a reasonable effort to schedule meter reading at a time convenient to the residential customer or occupant.

(10) Nonpayment of delinquent accounts: which accrued over two billing periods or more; which remain unpaid in whole or in part for six months or less; and which amount to a total delinquency of less than $25.

3. Notice Procedures for Termination of Residential Customers.

A. Notice Requirements for Authorized Termination of Service. Prior to a termination of service under Subsection 2A above, the company shall:

(1) Provide written notice of the termination to the residential customer at least 10 days prior to the date of the proposed termination. The termination notice shall remain effective for 60 days.

(2) Attempt to contact the residential customer or occupant, either in person or by telephone, to provide notice of the proposed termination at least three days prior to the scheduled termination. Phone contact shall be deemed complete upon attempted calls on two separate days to the residence between the hours of 7:00 a.m. and 9:00 p.m. if the calls were made at various times of the day.

(3) During the months of December through March, unless personal contact has been made with the residential customer or the responsible adult by personally visiting the residential customer's residence, the company shall, within 48 hours of the scheduled date of termination, post a notice of the proposed termination at the service address.

B. 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.

C. Procedures Upon Residential Customer or Occupant Contact Prior to Termination.

(1) If, at any time after the issuance of the initial termination notice and prior to the actual termination of service, a residential customer or occupant contacts the company concerning a proposed termination, an authorized company employee shall fully explain:

(a) The reasons for the proposed termination.

(b) All available methods for avoiding a termination, including:

(i) Tendering payment in full or otherwise eliminating the grounds for authorized termination; and

(ii) Entering a settlement or payment agreement.

(c) The residential customer's right to file a dispute with the company.

(d) The procedures for resolving disputes and informal complaints, including the address and telephone number of the company.

(e) The residential customer's duty to pay any portion of a bill which he does not honestly dispute.

(f) The medical certification procedures.

(2) 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 residential customer's payment history and the length of time over which the bill accumulated. The company may negotiate payment arrangements on the portion of the past-due amount attributable to its charges.

D. Use of Termination Notice Soley 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.

4. No Liability. Whenever the supply of electricity is disconnected in accordance herewith, the company shall not be liable for any damage, direct or indirect, that may result from such disconnection. 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.

5. Emergency Provisions for Residential Customers.

A. 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 with a medical condition that will be aggravated by a cessation of service or failure to restore service.

B. Postponement of Termination Pending Receipt of Certificate. If, prior to termination of service, the company employee is informed that an occupant is seriously ill 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.

C. Medical Certifications. The residential customer shall obtain a certification from a licensed physician and promptly forward it to the company. All certifications must be procured on a Borough medical certification application.

D. Length of Postponement; Renewals. Service shall not be terminated for the time period specified in the medical certification, provided that the maximum length of the certification shall be 60 days.

(1) 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.

(2) Renewals. Certifications may be renewed in the same manner and for the same time period as provided in Subsection 5B and C of this policy (relating to postponement of termination pending receipt of certificate and medical certifications).

E. Restoration of Service. When service is required to be restored under Subsection 5A through C of this policy (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.

F. 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.

G. Termination Upon Expiration of Medical Certification. When the initial and all renewal certifications have expired, the original grounds 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.

(1) The company shall continue to provide service while a final Council adjudication on the petition is pending.

6. Termination at Any Premises Other Than the Residential Customer's Residence.

A. 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 3 of this policy (relating to notice procedures prior to termination):

(1) Notice Requirement. At least 10 days prior to the proposed termination, the company shall notify the affected dwellings. Where permissible, notice should be posted in common areas of the dwellings.

(2) Notice Contents. In addition to other required provisions of this 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:

(a) Payment in full is received from the ratepayer or the grounds for termination are otherwise eliminated; or

(b) A settlement or payment agreement is entered into between the residential customer and the company; or

(c) 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

(d) 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.

(3) Where the residential customer arranges to make payment in accordance with Subsection 6A(2)(a) or (b) of this section or where the occupants agree to subscribe for future service in accordance with Subsection 6A(2)(c) or (d) 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.

(4) Reduction of Deposit. When occupants at a single-meter multifamily dwelling agree to pay all future bills for service provided in Subsection 6A(2)(d) of this section and when any responsible person in a residential unit establishes credit, the amount of any required deposit or guarantee shall be reduced pro rata based on the number of residential units contained in the dwelling.

7. Third-Party Notification for Residential Customers.

A. 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:

(1) To allow a residential customer to designate third parties to receive copies of a residential customer's or group of residential customers' notices of termination of service;

(2) To advise a residential customer of the availability of such a third-party notification program and to encourage their use thereof.

§ 819 Company's Right to Discontinue Electric Service.

[Ord. 1211, 9/2/2015]

1. The company reserves the right to discontinue the supply of service for the following reasons, without notice:

A. Unavoidable shortages of interruption in the company's source of supply, or other cases of emergency.

B. Repairs, alterations or extensions of the service network.

§ 820 (Reserved)

[Ord. 1211, 9/2/2015]

§ 821 Reconnection of Supply of Electricity.

[Ord. 1211, 9/2/2015]

1. If the supply of electricity has been disconnected for any of the reasons covered by this Part, 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 8:00 p.m. on regular working days.

2. 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 has been tampered with, the company may refuse to reconnect the customer's service until the customer shall have:

A. Paid all delinquent bills;

B. 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;

C. Made such changes in wiring or equipment as may be, in the opinion of the company, proper for its protection; and

D. Paid a reconnection charge as set out in Subsection 4 of this section.

3. 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.

4. Where the company has disconnected service for nonpayment of bill or for other reasons listed in this Part, the customer shall pay the reconnection charge as a condition of resuming service at the same location or at a different location per the Quakertown Borough Fee Schedule.

§ 822 Pole Removal or Relocation.

[Ord. 1211, 9/2/2015]

1. For purposes of this rule, the following definitions are applicable:

CONTRACTOR COSTS

The amounts paid by a public utility to a contractor for work performed on a pole removal or relocation.

DIRECT COSTS

The pay and expenses of Borough employees directly attributable to work performed on pole removals or relocations, including all material, equipment, ancillary charges, construction overheads or payroll taxes, workers' compensation expenses or similar expenses.

DIRECT MATERIAL COSTS

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.

POLE REMOVAL OR RELOCATION

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 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.

2. 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.

§ 823 Terms and Conditions Governing Extension of Facilities.

[Ord. 1211, 9/2/2015]

1. 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 Borough, 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 in 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. 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 and monthly minimums required hereunder. 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) Customers taking service under this extension plan and whose billing for each of the initial 12 months of service is estimated at less than three times the minimum determined hereunder shall enter into a written agreement with the company for an initial term of five years, and the agreement shall remain in effect on an annual basis thereafter or until such time as the customer's billing under the applicable rate exceeds three times his assured minimum as determined under this plan each month for one year. Sale of the premises covered by the agreement may be assigned to a new customer with the consent of the company.

(4) Each customer taking service hereunder shall assure the company monthly minimum revenue as follows:

(a) First 600 feet of extension length, per customer: rate ordinance minimum.

(b) Each additional 100 feet of extension length in excess of 600 feet per customer: $1 per 100 feet per month (taken to the next 100 feet, including service connection). This amount will be divided equally among the customers connected to the extension and added to their rate minimum, provided that, when more than one customer is served from an extension exceeding 600 feet per customer, the company may permit a customer to assume more than an equal share for the purpose of permitting others to assume less, provided the arrangement is a continuing obligation on the part of such customer, subject to adjustment only as provided in this plan, and is otherwise acceptable to the company.

(5) Whenever additional customers are added to a line extension requiring assured minimum revenue, or to a further extension thereof, the assured minimum revenue as calculated above shall be recalculated annually on the basis of the total length of the line and the total customers served. Any further extension constructed which requires assured minimum revenue per customer greater than that on the extension from which it originates will be considered a separate extension.

(6) Individual service lines necessary to reach a customer's premises from the main line extension will be built by the company under this plan as a part of a main line extension or as a separate extension. When an individual service line considered by itself requires an assured minimum revenue greater than that in effect on the main extension, the individual service line will be considered as a separate extension; otherwise, it will be included as a part of the main extension.

(7) 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) For the purposes of this rule only, the following definitions are applicable:

APPLICANT FOR ELECTRIC SERVICE

The developer of a recorded plot plan consisting of five or more lots, or of one or more five-unit apartment houses.

DEVELOPER

The party responsible for constructing and providing improvements in a development, that is, streets, sidewalks and utility-ready lots.

DEVELOPMENT

A planned project which is developed by a developer/applicant for electric service set out in a recorded plot plan of five or more adjoining unoccupied lots for the construction of single-family residences, detached or otherwise, mobile homes or apartment houses, all of which are intended for year-around occupancy, if electric service to the lots necessitates extending the utility's existing distribution lines.

DISTRIBUTION LINE

An electric supply line of untransformed voltage from which energy is delivered to one or more service lines.

SERVICE LINE

An electric supply line of untransformed voltage from which service is delivered to the residence.

SUBDIVIDER

The party responsible for dividing a tract of land into building lots which are not to be sold as utility-ready lots.

SUBDIVISION

A tract of land divided by a subdivider into five or more adjoining unoccupied lots for the construction of single-family residences, detached or otherwise, or apartment houses, all of which are intended for year-around occupancy, if electric service to the lots necessitates extending the utility's existing distribution lines.

(2) Underground facilities in new 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.

(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 construction standards, applicable provisions of 52 Pa. Code § 57.26, 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 and backfilling 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. Any streetlighting 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 backfilling 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 streetlighting 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 and backfilling performed or provided by the applicant shall follow the utility's underground construction standards and specifications set forth by the utility in written form and presented to the applicant at the time of application for service and presentation of the recorded plot plan to the utility. If the utility's specifications have not been met by the applicant's excavating and backfilling, the excavating and backfilling 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.

(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 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 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 the estimated cost difference between below-grade and overhead construction, in addition to any other costs and monthly minimums required hereunder. 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 customer shall pay a monthly minimum equal to 2.75% of the cost of the additional facilities necessary to serve him or guarantee annual revenue equal to 1/3 of the additional construction cost. Customers taking service under this plan shall enter into an electric service agreement with the company for an initial period of three years or longer when required by the rate ordinance, and the agreement shall remain in effect on an annual basis thereafter under the same minimum guarantee, terms and conditions.

(3) When the additional facilities installed to serve the customer are used at some future time to serve another customer, the customer's minimum under this plan shall be recalculated on the basis of the capacities of the customers served from the facilities, and each customer shall assume his proportionate share of the minimum charge.

(4) The company, as a safeguard for its investment and as a protection to its other customers, may require a customer to give evidence of permanency by paying the company the cost of connection and disconnection. The cost of connection and disconnection shall be the original cost of installing the additional facilities, less the salvage value of the additional facilities when removed, plus the cost of removal. This payment will be returned to the customer at the end of the three years without interest, provided the customer has taken continuous service from the company for three years and paid the company the minimum revenue as provided herein. When a customer does not take continuous service for three years, the payment covering the cost of connection shall be forfeited to the company and the facilities shall be removed.

§ 824 Submetering.

[Ord. 1211, 9/2/2015]

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 all apartment house, office building, or shopping center owners, operators, or managers, who may provide submetering in compliance with applicable rates and rules.

§ 825 Customer Service Calls.

[Ord. 1211, 9/2/2015]

The company will advise and assist the customer in resolving electrical service problems. The actual work performed by the company service workers on the customer's installation will be confined to 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.