DMS Electric Department

General

The DMS will endeavor, but does not guarantee, to furnish a continuous supply of electric energy and to maintain voltage and frequency within reasonable limits.

The DMS shall not be liable for interruptions in the service, phase failure or reversal, or variations in the service characteristics, or for any loss or damage of any kind or character occasioned thereby, due to causes or conditions beyond the DMS reasonable control, and such causes or conditions shall be deemed to specifically include, but not be limited to, the following: acts or omissions of customers or third parties; operation of safety devices except when such operation is caused by the negligence of the DMS; absence of an alternate supply of service; failure, malfunction, breakage, necessary repairs or inspection of machinery, facilities or equipment when the DMS has carried on a program of maintenance consistent with the general standards prevailing in the industry; act of God; war; action of the elements, storm or flood, fire, riot, labor dispute or disturbance, or the exercise of authority or regulation by governmental or military authorities.

Notwithstanding any other provisions of these rules, the DMS may interrupt, curtail or suspend electric service to all or some of its customers in accordance with the provisions of the DMS Emergency Electrical Curtailment procedures. The DMS shall be under no liability with respect to any such interruption, curtailment or suspension.

Conversion Areas

All customer owned transformers to be installed in an area that is scheduled for conversion to a higher distribution voltage will be required to purchase dual wound transformers. Qualified additional costs of such dual wound transformers shall be reviewed by the DMS for possible rebates.

Contractual Arrangements

The DMS reserves the right to make special contractual arrangements as to the provision of necessary service facilities, duration of contract, amount of deposit and refunds thereon, minimum bills or other service conditions with respect to the customers or prospective customers whose load requirements exceed the capacity of the available distribution system in the area or whose load characteristics or special service needs require unusual investments by the DMS in service facilities or where there is not sufficient assurance of the permanence of the use of the service.

Where a written contract is required, no promises, agreements or representations of any agent or employee of the DMS shall be of binding force upon the DMS unless the same shall be incorporated in the written contract for electric service.

The DMS will construct electric distribution facilities and extensions only in the event it is able to obtain or use the necessary materials, equipment and supplies. The DMS reserves the right, in its discretion, to allocate the use of such materials, equipment and supplies it may have on hand to meet operating priorities. The DMS denies any responsibility for any claims, charges or expenses related to construction delays resulting from allocation or procurement of materials, equipment and supplies.

Service Wires

The DMS will connect one (1) service to one premise with the following exceptions:

• For an emergency standby service.
• To meet the construction, capacity or economical needs of the DMS.
• Three phase power and separate lighting services of different voltage requirements in accordance with RULE II, Items C-3 & C-4, to Small and Large General rate Customers.
• Existing Residential dual service installation with more than one service drop installed before 11/01/87. Once any existing dual service contract (covered by Section II, Item F-4) is terminated, that service or it?’s companion service will be disconnected and removed. Final judgment in granting all of the above exceptions shall rest solely with the DMS.