VI. APPLICATION OF RATES
A. General
The residential rates are predicated upon the delivery of not more than one lighting service to a residential building or structure. All other rates are predicated upon the delivery of not more than one lighting or one power service or one combined lighting and power service for the total requirements of each premise of the customer, unless otherwise provided for in these Rules and Regulations. The current electrical rates are available upon request, and are not incorporated as a part of the Rules and Regulations for Electrical Service.
B. Resale
The owner or operator of an office building, apartment building, shopping mall, etc., may purchase energy from the DMS for resale to tenants on the condition that service to each tenant shall be metered separately and that the tenants shall be charged for such service using the appropriate rate of the DMS available for similar service under like conditions. In order to qualify for resale to tenants, the owner or operator must provide for the resale in the application for service, supply the tenant metering equipment and make records available for DMS audits at no cost to the DMS.
The renting of premises with the cost of electric service included in the rental as an incident of tenancy will not be considered a resale of such service.
C. Choice of Rates
In some cases the customer is eligible to take service under any one of two or more rates. Upon request, the DMS will advise the customer in the selection of the rate which will give the lowest cost of service, based on the information at hand, but the responsibility for the selection of the rate lies with the customer.
After the customer has selected the rate for service, neither will the customer be permitted to change from that rate to another rate until at least twelve (12) months have elapsed, nor will the customer be permitted to evade this rule by temporarily terminating service. The DMS may, however, at its option, waive the provisions of this paragraph where it appears that an earlier change is requested for permanent rather than temporary or seasonal advantage. The intent of this rule is to prohibit frequent shifts from rate to rate. No refund will be made of the difference in charges under different rates applicable to the same class of service. Existing customers selecting conversion to the Primary Rate are required to compensate the DMS for construction of their existing service if installed or upgraded within the past 48 months.
D. Power Factor
All rates for commercial and industrial service provide for an adjustment to the metered demand based on the average power factor during the billing period. All Primary installations will include reactive kilovolt ampere hour (kVARh) metering to determine this adjustment. Large General customers whose demand is less than 75 KW may be tested with portable power factor metering equipment to determine if permanently installed kVARh metering is justified. Customers who install power factor correction equipment may request that kVARh metering be provided.
E. Apartment Buildings and Multiple Dwelling Structures. (See definition of a Dwelling unit).
1. An apartment building or multiple dwelling structure containing two (2) dwelling units with separate meters shall be billed on the appropriate Residential Service Rate.
2. An apartment building or multiple dwelling containing two (2) or more dwelling units metered by a single meter shall be billed at the appropriate Non-Residential Rate.
3. Apartment buildings or multiple dwelling structures constructed after November 1, 1987 shall have each dwelling unit separately metered.
F. Cogeneration and Small Power Production Facility
Customers who employ cogeneration or small power production equipment as an energy source may receive partial or standby service under applicable DMS rates. A customer requesting electric service under this Rule VI, Section F, shall enter into a special contract with the DMS setting forth terms and conditions for service. Customers who elect to sell energy to the DMS will be paid for such energy at the rate specified in the applicable rate schedule. When not so specified in the applicable rate schedule, the DMS will pay for such energy at a rate which approximates it’s avoided costs.
G. Billing Demand
Service rates with demand charges provide for minimum monthly billing demand of the KW supplied during the 15 minute period of maximum use during the month but not less than 75% of the highest maximum demonstrated demand over the life of a service contract.
If a customer has experienced a permanent, irrevocable, and identifiable decrease in electric load use such as the closing and/or sale of a substantial portion of a plant, building, or facility the DMS General Manager may waive the demand history. The Customer must submit a written request to the General Manager for a change in their billing demand history. The Customer’s new demand history will begin as of the date of the waiver. Under no circumstances will the minimum monthly billing demand be less than 75KW for Primary Service Customers.
If, for any reason, electric demand resumes its former level at any time within 12 months from the date of the waiver, the waiver is null and void, and the minimum demand charge will be recalculated and rebilled for those months that the waiver was in effect.
A customer is not eligible for this waiver, if the decline in demand is due solely to a reorganization, bankruptcy, change of corporate name, or any other operational restructuring which does not result in a change of use of the premises. Any exceptions to or conditions of unusual circumstances related to this rule shall be submitted to the DMS for a determination.
H. Demand Reset
The DMS resets all demand meters once every October (Fiscal Year). Each customer may request up to two (2) demand resets per year in addition to the annual DMS demand reset.
I. Special Minimum Charges
Customers of the Department prior to January 1, 1992, who change their status to that of a qualifying cogenerating facility, will be required to pay a special minimum charge. The minimum charge is based on allocations attributed to the customer by the Cost of Service Study of 1992. The allocated costs include power production as well as transmission and distribution system costs. New customers of the Department (after January 1, 1992) who are qualifying facilities, will pay a minimum charge established by the Department and reviewed and/or revised annually.
VII. DISPUTE PROCEDURE
Complaints concerning charges, practices, facilities or service of the utility shall be investigated promptly and thoroughly. The DMS shall keep records of customer complaints that will enable the DMS to review and analyze its procedures and actions as follows.
1. When a bill or service is disputed by any customer and the DMS is so advised, the date of the notice of dispute will be recorded.
2. The customer will be advised of the results of the investigation.
3. An attempt will be made to resolve the dispute in a manner mutually satisfactory to both parties.
4. The DMS will provide the opportunity for each customer to enter into a reasonable settlement agreement in order to mutually resolve the disputed claim or to satisfy any liability not in dispute.
5. The customer shall be responsible for payment of all other bills or portions of bills as rendered which are not in dispute.
6. Service to the customer shall not be discontinued during this investigation for nonpayment of the amount in dispute.
VIII RECONNECTION FEES
(See Attachment A for the most current fees and contributions.)
The DMS may discontinue service if it is determined that the customer has violated these Rules and Regulations, and in any manner used unmetered energy, or has diverted power. In case of such discontinuance of service, the DMS shall restore service only after the customer has paid the reconnection fee, and made provisions for an outdoor meter installation or other metering changes as may be required by the DMS.
A. A meter reconnection fee for normally restored services shall be paid to partially cover the cost of restoring service that has been disconnected for a breach any of the DMS rules. Whenever it is necessary to restore service that has been disconnected at the pole, padmount transformer, or pedestal for breach of DMS rules, the pole reconnection fee shall be paid, not the meter reconnection fee.
B. Following a shut off, if a customer has reconnected service or caused it to be reconnected by anyone other than DMS authorized personnel or agents of the DMS, the meter will be removed and a first tampering fee shall be added to the meter or pole reconnection fee.
C. A second tampering reconnection fee in addition to other reconnection fees shall be paid if the service is reconnected unlawfully a second time. If it becomes necessary to remove the service conductors from the pole, padmount transformer, or pedestal due to a third tampering, a third reconnection fee will be added to the other reconnection fees and the actual cost of removing and reinstalling the service will be charged. All reconnection fees, calculated costs for energy consumed, and cost of damage to DMS property shall be paid in advance, before the service is restored.
D. Reconnection of any service with instrument rated metering or any service reconnect at the service pole outside of normal working hours that requires a linecrew will result in a linecrew reconnection fee, plus any related fees contained in Rule VII (Reconnection Fees).
IX. CASH DEPOSITS
A. Required Deposits - Deposits shall be required of:
1. All new electric service customers.
2. All electric service customers who have previously been served by the DMS and had overdue amounts appearing on two (2) consecutive monthly bills at any time in their last six (6)months of service including time to pay final bills rendered.
3. All electric service customers being served by the DMS who have overdue amounts appearing on two (2) successive monthly bills.
4. Wherein a customer is delinquent to such time that the DMS is forced to deliberate action (See Rule X, Payment of Bills).
5. All customer service installations requiring an aid to construction fee or special service contract agreements.
Governmental agencies are excluded from the above rules.
B. Deposit Amount
Deposits shall be in the amount required by the DMS which will normally be 1 to 1-1/2 times the estimated monthly bill for each service, although the deposit may be larger at the DMS’ discretion. In no case shall deposits required be less than the deposit minimum amount of Attachment A*. The amount of deposit is subject to increase if the average bill becomes significantly higher than the estimated bill used to compute the deposit.
C. Deposit Disposition - Electrical Service Contracts
1. Deposits shall be held by the Department for six (6) months before refunds may be made for any reason except: deposits will be applied to accounts made final with any balance refunded by check in normal business sequence.
2. Deposits held by the DMS for six (6) months shall be applied to customer’s subsequent bills in normal business process, provided the customer’s payment record indicates he has not had an overdue amount appearing on two (2) consecutive monthly bills during the most recent six (6) month period.
3. The DMS will pay the Attachment A rate of annual interest on deposits. This is subject to future change based upon periodic reviews of economic conditions. Interest will be paid when deposit is applied to the account.
*See Attachment A - Fees and Contributions.
X. PAYMENT OF BILLS
A. Customer Responsibilities
Customers of the DMS are expected to pay all utilities on the consolidated utility bill before the due date shown on the bill. The Customer is contractually obligated to pay the bills until service is ordered to be disconnected and the Department has had reasonable time to finalize the utility account.
If a monthly bill is not delivered to the Customer, or if the department fails to prepare a bill, the Customer is not exempt from the obligation of paying a bill. Nor does failure to receive a monthly bill before the discount date entitle the Customer to pay the discounted amount. The Customer is obligated to inform the Department if a bill is not rendered or received.
Bills for Electric consumption are rendered on a monthly basis and normally scheduled to reach the Customer approximately ten (10) days before the discount date. The DMS shall allow each customer approximately 21 calendar days from issuance of the bill for payment in full. Payment of the consolidated bill in full by the discount date is required to receive a 2% discount for electric service. Payment in full by the due date is required to avoid a late payment penalty. Amounts still owing after the due date are subject to a 5% penalty.
Partial payment of consolidated bills will be allocated first to the electric portion. Payments beyond the electric bill will be applied to Cable Television service, then finally to Water Service.
Bills that remain unpaid are subject to the DMS prevailing procedures for delinquent accounts. In the event of extenuating circumstances, a Customer may be afforded the opportunity to make payment arrangements. Readings may be estimated when conditions warrant. Bills rendered on an estimated reading have the same force and effect as bills rendered on actual meter readings.
B. Billing Errors
If an error is found to exist in the billing rendered to a Customer, the DMS will correct the error to recover or credit against future service the difference between the original billing and the corrected billing. If a customer is no longer receiving service, the DMS may refund the difference between the original and corrected billings with payments to be made over a reasonable period not to exceed that in which the error occurred. Corrected billings will not be rendered for periods greater than six (6) years. Adjustments to billings will normally begin promptly upon discovery and verification of the billing error by the DMS.
A Customer’s deposit may be applied to satisfy any unpaid service account balance. Any remaining balance of a deposit, including interest if any, will be returned to a Customer in accordance with the deposit policy in effect at that time. The DMS will pay interest on such deposits for the time the deposit is held by the DMS and service is taken by the Customer.
C. Collection and Delinquent Polices
Amounts due the DMS from a Customer will be subject to normal Collection and Delinquent policies and procedures. If the customer fails to respond to our written notices of delinquency and request for payment, a DMS employee will be dispatched to terminate or limit service. If the customer, at this time offers payment, the collection fee listed in Attachment ‘A’ shall be charged.
Where service has been disconnected or limited resulting from a delinquency, the reconnection charge shall be governed by Rule VIII and reconnection will not be made until the charge is paid and the delinquent amount is paid in full, or until satisfactory arrangements have been made.
The DMS reserves the right to terminate delinquent accounts at any time. At it’s discretion, the DMS will install a load limiting meter that restricts the amount of electricity that a residence can use. The load limiter meter will allow the customer to operate their furnace, refrigerator and a few lights. (See Attachment ‘B’, Load Limiter Policy)