Rolling Hills Electric's Rules & Regulations

Rolling Hills Electric's Rules & Regulations
RULES AND REGULATIONS
These Rules and Regulations are part of the Electric Service Agreement between the Cooperative and Consumer. They
are subject to change from time to time and becoming effective and binding as a matter of law without further notice.
There is intended to be no inconsistency between these Rules and Regulations and more specific provisions in the Rate
Schedules. If there should appear to be any such inconsistency, the more specific provisions in the Rate Schedules shall
prevail. Copies of these Rules and Regulations may be reviewed or obtained by any Customer at the Cooperative's
principal place of business.
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RULES AND REGULATIONS
INDEX
Pages
III-1:
III-2:
III-3:
III-4:
Definitions
A. Cooperative
B. Customer
C. Residential Customer
D. Town
E. Village
F. Rural
G Electric Service Agreement
H. Multiple Residential Complex
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Application for Service and Agreements
A. Application by Customer
B. Additional Provisions
C. Rates
D. Term of Contract
E. Temporary Service
(1) Additional Charge
(2) Refund to Customer
F. Change in Occupancy
G. Re-Selling or Re-Distributing of Service
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Credit and Security Deposit Regulations
A. Establishment and Maintenance of Credit
(1) Credit Information
(2) Security Deposit Required
(3) Guaranty or Surety Bond
B. Calculation and Payment of Security Deposit or Surety Bond
C. Security Deposit Receipts
D. Refund of Security Deposit
E. Security Deposit Not A Waiver
Billing and Payment
A. Payment of Bills
B. Contents of Bills
C. Meter Reading Periods
D. Customer Meter Readings
E. Meter Reading Fee
F. Estimated Usage
G. Cash Payment
H. Returned Check Charge
1. Tax Adjustment
(1) Special Taxes
(2) Gross Receipts Tax
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15
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RULES AND REGULATIONS
INDEX CONT.
J. Delinquent Bills
K Default
L. Cold Weather Rule
(1) Availability
(2) Disconnect Provisions
(3) Customer Qualifications & Requirements. Good Faith Test
(4) Default and Cure of Breach
(5) Responsibilities of Cooperative
(6) Other Provisions
III-5:
III-6:
III-7:
Discontinuance of Service
A. Cooperative's Refusal or Discontinuance of Service
B. Postponement of Discontinuance in Special Circumstances
C. Notice Requirements
D. Disconnect Procedure
E. Restoration of Service
F. Review of Disputes
G. Collection, Disconnection, and Reconnection Charges
Customer's Service Obligations
A. Customer to Furnish Right-of-Way
B. Access to Customer's Premises
C. Customer's Installation
D. Protection of Customer's Equipment
E. Dangerous or Disturbing Uses
F. Inspections and Recommendations
G. Defective Customer Equipment
H. Construction or Uses Affecting Cooperative's Equipment
I. Protection of Cooperative's Equipment
J Tampering or Fraudulent Use of Cooperative's Facilities
K. Indemnity to Cooperative
L. Parallel Operation
M. Emergency Stand-by Generators
N. Charges for Work Completed on Customer's Premises
Cooperative's Service Obligations
A. Overhead Service Installation
(1) Installation of Service Wires to Pole
(2) Installation of Service Wires to Building
B. Underground Service Installation
C. Energizing by Cooperative Only
D. Delivery of Electric Service
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20
21
22
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25
26
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RULES AND REGULATIONS
INDEX CONT.
E. Property of the Cooperative
F. Continuity of Service
G. Curtailment, Interruption, or Suspension of Service
H. Restoration of Service
I. Liability of Cooperative
III-8: Line Extension Policy
A. Single Phase Line and Service
B. Multiphase Line and Service
C. Contract Term
D. Special Contracts for Service
E. Proration of Minimum Monthly Charge
F. Contribution by Developer
III-9:
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Metering
A. Metering of Service
B. Separate Metering
C. Multi-Metering Installation
D. Changes in Meter Installations
E. Meter Seals
F. Meter Accuracy and Testing
G. Demand Meters
H. Special Meter Tests
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III-10: General Clauses
A. Waiver
B. Legal Notices Between Customer and Cooperative
C. Authority and Waiver
D. Request for Investigation
III-11: Service Fees Rate Schedule
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RULES AND REGULATIONS
III-1: DEFINITIONS
In addition to the usual meaning, all words or terms used in these Rules and Regulations, in Rate Schedules and in
Electric Service Agreements are intended to have the meanings regularly ascribed to them by the electric industry. The
following terms, unless otherwise indicated therein, shall have the specific meanings given below:
A. COOPERATIVE:
Rolling Hills Electric Co.
122 W. Main
P.O. Box #307 Mankato, Kansas 66956
Phones: 785-378-3151
B. CUSTOMER:
Any person, partnership, association, firm, public or private corporation, or governmental agency
applying for or using electric service supplied by the Cooperative.
C. RESIDENTIAL CUSTOMER:
A Customer applying for or using electric service at a home or farm service location occupied as a
place of residence.
D. TOWN:
The area within the incorporated boundaries of communities in which the Cooperative may provide
electric service.
E.
VILLAGE:
The area within the unincorporated boundaries of communities in which the Cooperative may provide
electric service.
F.
RURAL:
All areas not included in the Town or Village area in which the Cooperative may provide electric
service.
G. ELECTRIC SERVICE AGREEMENT:
The contract under which the Cooperative supplies electric service to the Customer.
H. MULTIPLE RESIDENTIAL COMPLEXES:
Includes newly constructed mobile home courts and apartment buildings as well as, renovated mobile
home courts and apartment buildings where the renovation costs exceed fifty percent (50%) or more
of the value of the building or structure. The term does not include:
(a) operations catering predominately to transients such as hotels, motels, hospitals, rooming, or boarding houses,
recreational travel trailer parks, dormitories, rest homes, orphanages, and eleemosynary institutions; or
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RULES AND REGULATIONS
(b) buildings and structures used essentially for general office, commercial, or industrial purposes.
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
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RULES AND REGULATIONS
III-2: APPLICATION FOR SERVICE AND AGREEMENTS
A. APPLICATION BY CUSTOMER:
Application for electric service shall be made in writing by Customer to Cooperative on the Cooperative's Standard
Agreement for Electric Service and Membership form, although the Customer may, at the discretion of the
Cooperative, be connected based on an oral request, provided the written agreement is signed within ten (10) days.
The Application becomes an Electric Service Agreement or contract when accepted in writing by the Cooperative, or
upon establishment of service. The Cooperative may require a separate Electric Service Agreement for each class of
service at the same or at each separate location.
B. ADDITIONAL PROVISIONS:
(1) Electric service shall be supplied to the Customer under the provisions of the Cooperative's Articles of
Incorporation, Bylaws, Customer's Electric Service Agreement and the Cooperative's applicable Rate Schedules,
Rules and Regulations, adopted by the Board of Trustees, as such rules and regulations may be altered from time to
time and any special Contract or Agreement with the Customer. The taking of electric service by a Customer shall
constitute acceptance of, and an agreement to be bound by, all such provisions. Any changes in Rate Schedules,
Rules and Regulations, shall act as a modification of the Electric Service Agreement then in existence without further
notice to the Customer.
(2) The Customer shall furnish upon request sufficient information relative to the size and characteristics of the load;
the location of the premises to be served; and information needed to designate the class or classes of electric service
to be supplied and the conditions under which it shall be supplied.
C. RATES:
Rates for electric service will be those of the Cooperative currently in effect subject to applicability to the Customers
and subject to change as provided by law. Copies of the Rate Schedules currently in effect may be reviewed by any
Customer at the Cooperative's principal place of business where they have been filed of record. Customers’ eligibility
for service under any particular rate schedule shall be determined solely by the Cooperative based upon the eligibility
criteria set forth in the rate schedule. In the event that the Customer is eligible for service under one or more rate
schedules, it shall be the sole responsibility of Customer to determine the rate schedule under which the Customer
will receive service. In the event that the Customer makes no such election the Cooperative may provide service
under the rate schedule, which the Cooperative determines to be applicable to the Customer. The Cooperative shall
not be liable, and shall be held harmless, from Customer's failure to elect the appropriate rate schedule under which
service shall be provided.
D. TERM OF CONTRACT:
Unless otherwise specified, Electric Service Agreements shall be effective for an initial period of one (1) year
commencing on the date that service is made available to the Customer. When justified by the particular service
requirements, the Cooperative may require a contract period in excess of one (1) year commensurate with the service
facilities and equipment. (See III-8) Service shall. be continued after the expiration of the initial contractual period
until canceled by the Customer upon proper notice to the Cooperative.
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RULES AND REGULATIONS
E. TEMPORARY SERVICE:
(1) Additional Charge: Temporary service shall be supplied in accordance with the applicable Rate Schedule for the
type of service to be supplied, except that there shall be an additional charge paid in advance before service is
established determined as follows:
(a) an amount equal to estimated labor, overhead and expendable material charges for both installation and
removal of the temporary service, but in no event less than the Temporary Service Minimum Fee as filed in the
Service Fees Rate Schedule; plus
(b) a security deposit or deposits, if required and in accordance with these Rules and Regulations.
(2) Refund to Customer: Upon removal of temporary service, all charges in excess of the Temporary Service
Minimum Fee or the actual cost to the Cooperative, whichever is the greater, shall be refunded to the Customer after
his bills for electric service have been paid.
F.
CHANGE IN OCCUPANCY:
When a change of occupancy is to take place on any premises supplied with electric service by the Cooperative, the
outgoing Customer shall give written notice to the Cooperative or at the discretion of the Cooperative, oral notice, not
less than seven (7) days prior to the date of change. If the Cooperative permits an oral connect or disconnect requests,
a record, utilizing the Cooperative employee's name or code, should be made of the request. The record should be
retained for at least four months. The outgoing Customer shall be held responsible for payment of all electric energy
recorded by the meter until the requested time of termination. If no such notice is given, the outgoing Customer shall
be held responsible for electric Energy recorded during the time in which the account continues to be in the
Customer's name as shown by the records of the Cooperative. The Customer shall not by such notice be relieved of
any obligations already accrued under the Electric Service Agreement or other contract with the Cooperative.
G. RE- SELLING OR REDISTRIBUTING OF SERVICE:
The electric service provided is for the sole use of the Customer and the Customer shall not sell, share, or re-deliver
electric service to any person, except where specifically provided by applicable Rate Schedule or special contract.
Any infraction of this rule shall be sufficient cause for discontinuance of service under 111-5 A (1)
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
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RULES AND REGULATIONS
III-3: CREDIT AND SECURITY DEPOSIT REGULATIONS
A. ESTABLISHMENT AND MAINTENANCE OF CREDIT:
(1) Credit Information: The Customer may be required to provide reasonable credit information to the Cooperative
before service is made available. The credit information shall be requested and provided on the Electric Service
Agreement form. The Cooperative may request positive identification (identified as photo with name) from
Residential Customers. If positive identification is not immediately available, a Customer providing a full deposit shall
have ten (10) days to provide positive identification. If the customer fails to provide positive identification by the end
of the ten (10) day period, the Customer's electric service may be disconnected in accordance with III-5 until such time
as positive identification is provided.
(2) Security Deposit Required: The Cooperative may, at the time of Application for service, require a security deposit
to guarantee payment of bills for electric service rendered if:
(a) the Cooperative establishes that the Customer has an unsatisfactory credit rating, or has an insufficient prior
credit history upon which a credit rating may be based.
(b) the Customer has outstanding with the Cooperative or other utility, an undisputed and unpaid service account
that accrued within the last five (5) years.
(c) the Customer has obtained electric service by tampering with the electric equipment of any utility within the
last five (5) years. Tampering is defined as:
(i) making a connection of any wire, conduit or device, to any service or transmission line owned by
utility.
(ii) defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of
securing unauthorized or unmeasured electricity.
(iii) preventing any such meter from properly measuring or registering; or
(iv) taking, receiving, using or converting any electricity that has not been measured.
(d) the customer desires or has contracted for a potential electric load, of such magnitude, that a failure to make
timely payment on the customer’s account could create a significant adverse financial effect for the Cooperative.
Significant adverse financial effect is defined as the dollar figure equal to or greater than 5% of any one month’s
power cost for the Cooperative.
(3) The Cooperative may at any time after application for service, upon five (5) days written notice, require a deposit
to guarantee payment of bills for utility service rendered if:
(a) the Cooperative establishes that the Customer has an unsatisfactory credit rating, or has an insufficient prior
credit history upon which a credit rating may be based.
(b) the Customer has outstanding, with the Cooperative or other utility, an undisputed and unpaid service account
that accrued within the last five (5) years.
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RULES AND REGULATIONS
(c) the Customer has obtained electric service by tampering as defined in III-3, A, (2), (c), from any utility within
the last five (5) years.
(d) the Customer fails to pay an undisputed bill before the delinquency date for three (3) consecutive billing
periods, one of which is at least 60 days in arrears.
(e) the Customer’s electric load (is of) or (increases to) such magnitude, that a failure to make timely payment on
the customer’s account could create a significant adverse financial effect for the Cooperative. Significant adverse
financial effect is defined as the dollar figure equal to or greater than 5% of any one month’s power cost for the
Cooperative.
(4) No deposit shall be required because of a Customer's race, sex, creed, national origin, marital status, age, number
of dependents, source of income, or geographical area of residence.
(5) Guaranty or Surety Bond: In lieu of requiring a security deposit, the Cooperative may accept the written guarantee
of any of its Residential Customers with no deposit on file or may accept the written guarantee of a responsible party
as surety for a Customer's Electric Service Agreement. The Cooperative may require the Guarantor to sign an
agreement allowing the Cooperative to transfer the Customer's debt to the Guarantor's account.
In the event the Customer's debt is transferred to the Guarantor's account, the Guarantor shall pay the deposit and can
be disconnected for nonpayment under conditions set out in III-5 or the Cold Weather Rule. The Cooperative shall not
hold any Guarantor liable for sums in excess of the maximum amount of the required cash security deposit. The
Guarantor of a Residential Customer shall be released upon non-delinquent payment of all undisputed proper charges
for electric service as outlined in III-3, D, or upon termination of service and payment of service bills. If the Guarantor
moves off the Cooperative's system or is required to provide his or her own deposit, the guarantee is no longer valid
and the Cooperative may require the customer to make a cash deposit or obtain a surety bond or another written
guarantee for the remainder of time until the deposit is returned or until electric service is terminated.
B. CALCULATION AND PAYMENT OF SECURITY DEPOSIT OR SURETY BOND:
(1) For Residential and Small Commercial Customers, the amount of the cash security deposit or surety bond required
shall not exceed the amount of that Customer's projected average of two (2) months bills. If the Customer has been
documented to have obtained electric service by tampering as defined in III-3, A, (2), (c) within the last five (5) years,
an additional deposit based on one months average use may be assessed.
(2) For other than Residential or Small Commercial Customers, the cash deposit or surety bond shall not exceed the
amount of the Customer' s projected largest two (2) months bills. If the Customer has been documented to have
obtained electric service by tampering as defined in III-3 A, (2), (c) within the last five (5) years, an additional deposit
based on one months largest usage may be assessed. The security deposit of Customers other than Residential or Small
Commercial Customers shall be payable in full at the time of application or upon notice as provided in III-3, A.
(3) For purposes of establishing security deposits and projecting monthly bills, the Cooperative shall consider the
length of time the Customer can reasonably be expected to take service, past consumption patterns, end use of service,
and consumption patterns of other similar Customers. The amount of the cash security deposit or surety bond may be
adjusted if the character or volume of the Customer's service should change.
(4) Security deposits shall be non-transferable from one Customer to another; however, upon termination of the
Customer's service at the service address, the Cooperative may transfer the security deposit to the Customer's new
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active account. Disconnection for non-payment of security deposit shall be governed by III-5, A, (1) of these Rules
and Regulations.
(5) For purposes of this rule, a Small Commercial Customer is one that uses no more than 3,240 Kwh of electricity in
an average month.
(6) The security deposit will be payable in full at the time of commencement of electric service or upon notice.
C. SECURITY DEPOSIT RECEIPTS:
(1) The Cooperative shall maintain a record of all security deposits received from Customers showing the name of
each Customer, the address of the premises for which the security deposit is maintained, the date and the amount of
deposit, and the date and amount of interest paid.
(2) When the Cooperative accepts a security deposit, a nonassignable receipt shall be issued to the Customer
containing the following minimum information:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Name of Customer;
Place of deposit;
Date of deposit;
Amount of deposit;
Cooperative name and address, signature and title of the Cooperative employee receiving the deposit;
Current annual interest rate earned on the deposit; and
Statement of the terms and conditions governing the use, retention and return of deposits, to include a
statement that deposits taken from Residential Customers shall be either credited with simple interest to their
utility bills, or if requested, refunded, after customer has paid nine (9) of the last twelve (12) bills on time and
no undisputed bill was unpaid after 30 days beyond due date. Deposits under $500 taken from nonresidential
customers shall be returned after 36 months of on-time payment. The payments need not be consecutive.
Nonresidential deposits of $500 or more may be retained until termination of service. However, in lieu of a
receipt, the Cooperative may indicate on the Customer billing the amount of any security deposit retained by
the Cooperative, provided that the information required by paragraphs C (f) and (g) of this Section is
otherwise individually given in writing to the Customer. In all cases, a receipt shall be given upon Customer
request.
D. REFUND OF SECURITY DEPOSIT:
(1) Upon termination of service, if the security deposit is not to be transferred, the Customer's deposit shall be
refunded less any unpaid service bills, including simple interest at a rate not less than that provided by K S.A. 12-822
and amendments; provided that, Customer has paid all bills due the Cooperative; has allowed the Cooperative to
remove its meters and equipment in an undamaged condition; and surrendered the Security Deposit Receipt. In case
the Customer has lost the Security Deposit Receipt, the Cooperative may require the Customer to sign a Release Form
acknowledging
the return of the security deposit with interest thereon. The Cooperative may require the identification of the person to
whom the Security Deposit is returned.
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RULES AND REGULATIONS
(2) Security deposits taken from Residential Customers who make non-delinquent payments of undisputed bills for
electric service for nine (9) of the last twelve (12) months with no undisputed bill unpaid after 30 days beyond due
date, shall be either credited with simple interest to their utility bills or, if requested, refunded. The month(s) of a
disputed bill(s) shall be ignored in this calculation. Non-residential deposits under $500 shall be returned after 36
months of on-time payment. The payments need not be consecutive. Non-residential deposits of $500 or more may be
retained until termination of service. A deposit need not be returned until all undisputed amounts are paid.
(3) Interest payments on residential or non-residential deposits shall be credited to the Customer's bill or refunded at
least once a year.
E. SECURITY DEPOSIT NOT A WAIVER:
The fact that a security deposit or guarantee has been made shall in no way relieve the Customer from complying with
the Cooperative's Rules and Regulations pertaining to payment of bills, nor shall it constitute a waiver or
modification of the regular practices of the Cooperative providing for disconnection of service for non-payment of
sums due the Cooperative for service rendered.
APPROVED BY THE BOARD TRUSTEES
Date: May 27, 2014
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III-4: BILL PAYMENT
A.
PAYMENT OF BILLS:
All bills for electric service are due and payable upon receipt. Normally, bills shall be sent by mail; however, the
non-receipt of a bill by a Customer shall not release or diminish the obligation of the Customer with respect to the
full payment thereof including penalties and interest.
B. CONTENTS OF BILLS:
(1) The Cooperative shall normally bill each Customer each billing period in accordance with its applicable Rate
Schedules. Billings may be issued on a monthly, self-billing, turn-around, or other basis. Each service bill issued to a
Customer shall show:
(a) the beginning and ending meter registration for the reading period, except that estimated billings shall
disclose that it is based on estimated usage, and that self-billing Customers will provide their own ending meter
registration;
(b) the date of the meter reading and the date of the bill;
(c) the final date by which a payment can be received before a delinquency is imposed;
(d) the actual or estimated usage during the billing period;
(e) the amount due for prompt payment and the amount due after delinquency in payment;
(f) if appropriate, the fuel power or energy cost adjustment in cents per kilowatt-hour and the total amount of the
adjustment due;
(g) the amount of additional charges due for past due accounts, security deposits, collection, connection or
disconnection, installment payments, and other utility charges;
(h) the total amount due for the current billing period or, for self-billing Customers, a designated space for the
Customer to provide the calculated total amount due based on the Customer's ending meter registration and
calculation method provided by the Cooperative;
(i) the amount due for franchise and sales taxes and research and development surcharges each stated separately
if appropriate; and
(j) the address and telephone number of the Cooperative and the identification of the person or office where a
Customer may report a disputed bill, make an inquiry concerning a bill, delinquency or termination of service, or
otherwise express a concern.
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(2) The Cooperative may include on the bill for utility services other charges for special services designated clearly
and separately from charges for utility service. If the Customer makes a partial payment for the total bill, the
Cooperative shall credit payment: (a) first to additional utility charges (such as disconnection/reconnection fees) and,
(b) then to the balance outstanding for utility service beginning with the oldest service debt, (c) then to special
charges.
(3) If the Customer is paying in advance, each bill shall also clearly disclose the overage or underage of the amounts
paid to date as compared to the cumulative actual usage, in dollars, to date.
(4) The Customer's bill shall also show any adjustment to previous billings based on estimated usage or Customer
meter readings after actual usage has been determined from a meter reading by the Cooperative. The adjustment shall
be calculated for a period between the last valid meter reading and the most recent meter reading by the Cooperative.
If the adjustment shows a net balance due the Cooperative, the Customer shall be given the opportunity, if requested,
to pay the additional charges in equal installments over a period of time equal to the adjusted billing period. If a net
balance is due the Customer, the Customer shall be given either a credit on subsequent bills or a refund, if the
overpayment exceeds ten dollars ($ 10) and a refund is requested.
C. METER READING PERIODS:
Unless otherwise provided in the Rate Schedules, meters shall be read at intervals approximating the billing period.
The Cooperative reserves the right to adopt a plan dividing territory served into districts and of reading meters in
each district at a selected time period.
D. CUSTOMER METER READINGS:
(1) The Cooperative may request Customers to read their meters at intervals approximating the billing period.
Requests for readings by the Customer shall be on printed forms provided by the Cooperative, which contain
instructions as to the methods of reading.
(2) Meter readings by the Customer, though used for billing purposes, shall not be considered final. Such Customers’
meters may be read at least once a year by the Cooperative and an adjustment shall be made in accordance with these
Rules and Regulations
E.
METER READING FEE:
In the event the Customer does not furnish a required meter reading for two (2) consecutive billing periods, the
Cooperative may read the meter and charge the Customer a Meter Reading Fee as filed in the Service Fees Rate
Schedule.
F. ESTIMATED USAGE:
(1) The Cooperative may render a bill, other than a final bill when service is discontinued or an initial bill, based on
estimated usage pursuant to estimating procedures approved by the Board of Trustees if the bill is rendered:
(a) to Seasonal Customers, provided an actual reading is obtained before each change in the seasonal cycle;
(b) when extreme weather conditions, emergencies, work stoppages, or other circumstances beyond the
Cooperative's control prevent actual meter readings;
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(c) when the Cooperative is unable to reasonably obtain access to the Customer's premises for the purpose of
reading the meter and efforts to obtain a Customer reading of the meter, such as mailing or leaving pre-addressed
forms upon which the Customer may note the readings, are unavailing; or
(d) when the Customer does not furnish a timely meter reading as requested by the Cooperative.
(2) The Cooperative may render a bill based on estimated usage as a Customer's final or initial bill pursuant to
estimating procedures when:
(a) The Customer so requests and any necessary adjustments are made to the bill upon a subsequent actual meter
reading by the Cooperative,
(b) An actual meter reading would not show actual Customer usage but is used in estimating usage, or
(c) An actual meter reading cannot be taken because of a broken meter or other equipment failure.
(3) The Cooperative may render a bill based on estimated usage when the Customer is paying in advance where
payments are based upon an estimated or projected average usage. Actual meter readings must also be obtained or
submitted by the Customer.
(4) When the Cooperative renders an estimated bill in accordance with this Section it shall:
(a) maintain accurate records of the reasons therefore and efforts made to secure an actual reading;
(b) clearly disclose on the bill that it is based on estimated usage; and
(c) make any appropriate adjustment upon subsequent reading of the meter.
(5) All adjusted bills and bills covering more than a one month period shall be based on increasing the length of the
rate blocks according to the number of months involved, i.e., the rate blocks shall be doubled for a two mouth
reading, tripled for a three month reading, etc. Adjustments shall not be prorated for less than a one-month period.
Adjusted bills shall show the credit due the Customer for amounts paid that were based on the Customer's readings or
the Cooperative's estimate and shall show the balance due and payable.
(6) Fuel, power, or energy cost adjustments covering more than a one month period shall be based on the most recent
adjustment calculation.
G. CASH PAYMENT:
The Cooperative may require that the Customer make payment of bills by cash, certified checks, or money orders.
The Cooperative shall give seven (7) days notice to the Customer whenever checks shall no longer be accepted for
payment of bills.
H. RETURNED CHECK CHARGE:
The Cooperative may require a Returned Check Charge, as filed in the Service Fees Rate Schedule, from the
Customer for Customer checks returned for insufficient funds or any other reason.
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RULES AND REGULATIONS
I.
TAX ADJUSTMENT:
(1) Special Taxes: When any city, county, state, or other taxing sub-division imposes a franchise, occupation,
business sales, license, excise, privilege, property or other tax of any kind on the Cooperative, the amounts thereof
insofar as practical, may be charged on a prorata basis to an Customers receiving electric service from the
Cooperative within the boundaries of such taxing sub-division. This tax charge, in all cases, shall be in addition to the
regular charges for electric service.
(2) Gross Receipts Tax: Where a tax is levied on a percentage of gross receipts, that percentage shall be applied to
each affected Customer's bill, and the amounts so computed shall be added to each Customer's regular billing until
such Customers proportionate share of the total tax is paid. The prorata tax applicable to each Customer shall be
identified on the Customer's billing as such.
J. DELINQUENT BILLS:
(1) Bills for electric service shall be deemed delinquent if payment thereof is not received by the Cooperative or its
authorized agent on or before the date stated on the bill, which shall be:
(a) for Self-Read Customers, the last date on which payments received can, in the normal and reasonable course
of the Cooperative's procedures, be credited to the Customer's account in preparing his or her next normal billing;
(b) for all Cooperative Read and other Customers, the fifteenth (15th) day after the date of billing.
(c) If a Commercial Customer is consistently unable to pay its bills on time due to bill-paying procedures, the
utility may offer to mail a copy of the bills to the Customer' s bill-paying office at the same time it is delivered to
the local business. The customer shall be offered the option of paying a one percent (1%) late fee every month for
a time extension of 14 days. The one (1) percent late fee shall be assessed each month even if payment is made
on time. If the Customer pays after the extended due date, the Cooperative may assess the standard two (2)
percent late payment fee and may discontinue indefinitely this extended payment plan for this customer. The
Cooperative may permanently discontinue this option for the Customer at the Customer's request.
(2) When a bill becomes delinquent, a late payment charge in an amount equal to two percent (2%) of the delinquent
amount owed for current electric service shall be added to the Customer's bill and collection efforts by the
Cooperative shall be initiated.
(3) If the last calendar day for remittance falls on a day when the Cooperative's office is not open to the general
public, the final payment date shall be extended through the next business day.
K DEFAULT:
(1) Failure of the Customer to conform to these Rules and Regulations or to pay any amount due the Cooperative
under the Customer's Electric Service Agreement in the full amount due before becoming delinquent shall constitute
a default by the Customer in his or her Electric Service Agreement.
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RULES AND REGULATIONS
L. COLD WEATHER RULE:
(1) The provisions of the Cold Weather Rule (CWR) established the disconnection procedures for any qualifying
Residential Customer of the Cooperative throughout the cold weather period, which extends from November 1
through March 31.
(2) The Cooperative will not disconnect a Customer's service when the local National Weather Service office
forecasts the temperature will drop below 35 degrees Fahrenheit within the next 48 hour period unless:
(a) it is at the Customer’s request;
(b) the service is abandoned;
(c) a dangerous condition exists on the Customer's premises;
(d) the Customer violates any rule of the Cooperative which adversely affects the safety of the Customer or
other persons, or the physical integrity of which adversely a delivery system; or
(e) the Customer causes or permits unauthorized interference with, or tampering of as defined
III-3, A, (2), (c), the electric service situated or delivered on or about the Customer’s premises.
In any of these situations, the Cooperative may disconnect the service immediately. Services disconnected
under (c), (d) or (e) above must be restored as soon as possible after the physical problems as defined in (c), (d)
and (e) above have been corrected.
In order to keep from getting disconnected when the temperature is 35 degrees Fahrenheit or above, or to get
reconnected regardless of temperature, a Customer must comply with the provisions of the Good Faith Test.
(3) Good Faith Test
To meet the Good Faith Test and qualify for the benefits of the Cold Weather Rule, the Customer will:
(a) inform the Cooperative of the Customer's inability to pay the bill in full;
(b) give sufficient information to allow the Cooperative to make a payment agreement;
(c) make a payment of the most recent bill, plus one-third of the arrears;
(d) apply for federal, state, local or other funds for which the Customer may be eligible;
(e) not obtain electric service by tampering as defined in III-3 A, (2), (c); and
(f) enter into a payment plan to provide for payment of remaining arrearages over two months following the
initial arrearage payment and not default on that payment plan.
(4) Responsibilities of the Cooperative
(a) The Cooperative will send one written notice mailed first class at least seven (7) days prior to termination of
service. A Customer may not be disconnected until a 48-hour forecast above the activation temperature is
predicted by the National Weather service office. During the first 24 hours, which shall be the day prior to
disconnection, the Cooperative shall make at least one telephone call attempt with the Customer of record and
make one attempt at a personal contact with the Customer of record on the day prior to termination of service if
telephone contact on that day was not made. The telephone call attempt(s) and personal contact the day prior to
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RULES AND REGULATIONS
disconnection is in addition to the already existing notice requirements contained in the standards under Policy
III-5. If the Customer is not contacted during the phone call(s) or the personal contact the day prior to termination
of service, the Cooperative employee shall leave a disconnect message on the Customer's door or other
conspicuous location on the Customer's premises on the day prior to disconnect.
(b) On the day of disconnection, the local National Weather Service office must forecast the temperature to be
above the activating temperature for the next 24 hours. If the temperature is then forecast to be below the
activating temperature, the disconnection may not be carried out and the Cooperative must wait for another
48-hour forecast above the activating temperature prior to disconnection.
(c) If the Customer has payment difficulty and contacts the cooperative, the Cooperative will inform the
Customer of the following:
(i) the existence of the Cold Weather rule;
(ii) that the Customer can avoid disconnection by complying with the Good Faith requirements;
(iii) inform the Customer of, or provide a list of organizations where funds are available to pay electric bills;
(5) Other Provisions
(a) Deposits made in conjunction with the Cold Weather Rule shall be amortized over a three (3) month period unless
otherwise agreed to by customer. Written notice of this shall be provided to each Customer required to make a
deposit.
(b) The Customer should be encouraged to renegotiate Cold Weather Rule payments if he or she receives utility or
other lump sum assistance.
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
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RULES AND REGULATIONS
III-5: DISCONTINUANCE OF SERVICE
A. COOPERATIVE'S REFUSAL OR DISCONTINUANCE OF SERVICE:
(1) For the following reasons electric service may be refused or discontinued by the Cooperative:
(a) when requested by the Customer;
(b) when the service is abandoned;
(c) upon seven (7) days written notice, when Customer's electric service bill or other charges become delinquent,
as provided in III-4, K, whether the bill is based on Customer's meter reading, Cooperative's meter reading, or
Cooperative's estimate of consumption;
(d) immediately, without notice required, when an unsafe or dangerous condition exists on the Customer's
premises;
(e) upon ten (10) days written notice, when the Customer fails to provide credit information, security deposit or
guarantee as set forth in III-3, A or has a previous undisputed and unpaid separate account for electric service
with the Cooperative;
(f) upon the quicker of ten (10) days written notice or 48 hours after a personal or phone contact is made with the
Customer of record, when Customer is proved to have misrepresented his or her identity for the purpose of
obtaining electric service;
(g) upon 24 hour written notice, when Customer refuses to grant Cooperative personnel access, during normal
working hours, to equipment installed upon the premises of the Customer for the purpose of inspection, meter
reading, maintenance or replacement;
(h) immediately, without notice required, when the Customer violates any rule of the Cooperative that adversely
affects the safety of the Customer or other persons, or the integrity of the Cooperative's delivery system; or
(i) immediately, without notice required, when Customer causes or permits unauthorized interference with, or
tampering with, as defined in III-3, A, (2), (c), Cooperative's service situated on or about the Customer's
premises. However, if the Cooperative has knowledge that persons other than the Customer's family are residing
at the premises, the Cooperative shall give such persons a two (2) day written or twenty-four (24)-hour oral
notice prior to discontinuance
(j) immediately, if written service agreement(s) are not returned within ten (10) days.
(2) None of the following reasons shall constitute sufficient cause for the Cooperative to threaten or discontinue
electric service or threaten or refuse service:
(a) the Customer's failure to pay for service received at a concurrent and separate metering point, residence or
location, if there exists a legitimate, good faith dispute as to the validity of such bill. In the event of
discontinuance or termination of service at a separate metering point, residence or location in accordance with
these Rules and Regulations, the Cooperative may transfer any unpaid balance to any other Service Account with
the Customer's written consent, provided, however, that in the event of the failure of the Customer to pay a final
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RULES AND REGULATIONS
bill at any metering point, residence, or location, the Cooperative may transfer such unpaid balance to any
successive Service Account opened by the Customer and may discontinue service at such successive metering
point, residence, or location for nonpayment of such transferred account;
(b) the Customers failure to pay for a different class of service received at the same location, if there exists a
legitimate, good faith dispute as to the validity of such bill. The placing of more than one meter at the same
location for the purpose of billing the usage of specific devices under optional Rate Schedules or provisions is
not construed as a different class of service for the purpose of this rule;
(c) the Customer’s failure to pay a bill that is in dispute; provided, however, that the Customer pays that portion
of the bill not in dispute;
(d) an individual or a Customer has an outstanding debt for electric service more than five (5) years old;
(e) because an individual who neither signed the Service Agreement on an account in arrears, nor agreed orally at
the time service was established to be responsible for it, wants to put the account in his or her name. The only
exception shall be when the individual requesting service in his or her name and the Customer of record lived
together when the debt was incurred and continue to live together at the same or a new residence.
(3) In the event of discontinuance or termination of electric service at a separate metering point, residence, or
location in accordance with these Rules and Regulations, the Cooperative may transfer any unpaid balance to any
other electric Service Account with the Customer's written consent.
B. POSTPONEMENT OF DISCONTINUANCE IN SPECIAL CIRCUMSTANCES:
(1) If a Residential Customer notifies the Cooperative and establishes that:
(a) discontinuance would be especially dangerous to the health of the Customer, resident member of the
Customer's family, or other permanent resident of the premises where service is rendered; and
(b) (i) such Customer is unable to pay for such service in accordance with the requirements of the
Cooperative's billing, or (ii) is able to pay for such service only in installments.
The Cooperative shall either allow payment in reasonable installments or postpone discontinuance of
service for at least twenty-one (21) days to enable Customer to make arrangements for reasonable
installment payments.
(2) in determining whether discontinuance would be especially dangerous to health, consideration shall be given
to the weather, and the Customer's or other resident's medical condition, age, or disability of which the Customer
shall provide verification.
(3) The Customer may establish that discontinuance of service would be especially dangerous to the health of the
Customer, resident member of the Customer's family, or other permanent resident of the premises where service
is rendered by obtaining a statement signed by a physician or public health official verifying that fact and
forwarding or presenting it to the Cooperative office prior to the date of disconnection.
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C. NOTICE REQUIREMENTS:
(1) When notice of discontinuance of service is required it shall be forwarded separate from other utility bills,
information or advertising, to the account name and address and in the case of residential occupancy, to the
address where service is provided, if different; provided however, that the service location has a mailing address
which is provided to the Cooperative by the Residential Customer. Service of notice by mail is complete upon
mailing. The Cooperative shall maintain the record of the date of mailing and the effective dates of the notice.
The notice shall be effective for one (1) month after initial date upon which and after which service can be
disconnected. Notice may be given by such other method as may be practical, such as hand-delivery, or facsimile.
(2) The Cooperative shall notify, or attempt to notify, customers by phone at least two (2) days before they are to
be disconnected.
(3) If the records of the Cooperative show that the Service Account, which it proposes to discontinue, serves
more than one residential dwelling unit, the Cooperative shall also post a notice of discontinuance in a common
area of the residential building served. Such notice shall be posted at least five (5) days prior to the
discontinuance date specified therein.
(4) The notices required by this Section shall contain the following information:
(a) the name and address of the Customer, and the address, if different, where service is rendered;
(b) a clear and concise statement of the reason for the proposed discontinuance of service and the cost
and conditions for reconnection;
(c) the dates between which service can be discontinued unless the Customer takes appropriate action;
(d) terms under which the Customer may avoid discontinuance;
(e) a statement that discontinuance may be postponed or avoided if the Customer can demonstrate prior
to the date of discontinuance that special circumstances prevent complete payment and satisfactory credit
arrangements are made with the Cooperative for moneys not in dispute; and a date and time on which the
Manager, or his representative, may conduct a hearing to determine whether service should be
discontinued.
(f) a statement to apprise the Customer of the availability of an administrative procedure which may be
utilized in the event of a bona fide dispute or under other circumstances, such as special danger to health.
The address, telephone number and name of the Cooperative office or personnel empowered to review
disputed bills, rectify errors, and prevent disconnection, shall also be included. Language indicating that
the Customer may meet with a designated employee of the Cooperative to present his or her reasons for
disputing a bill or the Cooperative's reasons for discontinuance, requesting credit arrangements, or
requesting a postponement of discontinuance.
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RULES AND REGULATIONS
D. DISCONNECT PROCEDURE:
(1) Except for discontinuance pursuant to III-5, A, (1), (a), (b), (d), (h), and (i) the Cooperative shall not
discontinue service unless:
(a) at the time of the proposed discontinuance, for one hour after discontinuance and on the full work day
following discontinuance, the Cooperative office or authorized personnel identified in the notice given
are open or available to the Customer for the purposes of making pay arrangements, preventing
discontinuance or obtaining reconnection; and
(b) the Cooperative employee who is to disconnect service is also authorized to accept payment of
amounts due for utility charges and thereby either avert disconnection or provide for reconnection.
(2) The Cooperative employee who is to disconnect service shall adhere to the following procedure.
(a) Immediately preceding the discontinuance of service a reasonable effort shall be made to:
(i) Contact and identify himself or herself to the Customer or responsible person then upon the
premises and announce the purpose of his or her presence;
(ii) identify and record the name of the person contacted, if any;
(iii) accept payment of all amounts tendered which are necessary to avert disconnection;
(iv) record statements disputing the accuracy of the delinquent bill, if any;
(v) record statements disputing the accuracy of the Cooperative's finding concerning the cause
for discontinuance, if any; and
(vi) record statements concerning the medical condition of any permanent resident of the
premises.
(b) If contact with the Customer is not made, the employee shall leave a notice upon the premises in a
manner conspicuous to the Customer disclosing the date and time of discontinuance and giving the
address and telephone number of the Cooperative or where the Customer may arrange to have service
restored.
E. RESTORATION OF SERVICE:
(1) Upon the Customer's request, the Cooperative shall restore service promptly when the cause of discontinuance of
service has been eliminated, all applicable restoration charges paid, and, if required, satisfactory credit arrangements
have been made.
(2) At all times, the Cooperative shall make every effort to restore service on the restoration day requested, and in any
event, restoration shall be made no later than the next business day following the day requested by the Customer.
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RULES AND REGULATIONS
F. REVIEW OF DISPUTES:
(1) When a Customer advises the Cooperative, prior to the date of the proposed discontinuance of service, that all or
any part of the billing as rendered is in dispute or that the Cooperative's reasons for discontinuance are factually
invalid, the Cooperative shall:
(a) immediately record the date, time, and place the complaint is made;
(b) postpone discontinuance until a full investigation is completed and the dispute is found to be invalid;
(c) investigate the dispute promptly and completely; and
(d) attempt to resolve the dispute informally and in a manner mutually satisfactory to both parties.
(2) A Customer may advise the Cooperative that a bill is in dispute in any reasonable manner such as by written
notice, in person, or by a telephone call directed to the appropriate personnel of the Cooperative.
(3) The Cooperative, in attempting to resolve the dispute in a mutually satisfactory manner, may employ telephone
communication, personal meetings, formal or informal hearings, on site visits, or any other technique reasonably
conducive to settlement of the dispute.
(4) Initially, the Customer shall have the burden of showing or establishing to the satisfaction of the Cooperative that
all or any part of the billing is erroneous or that the Cooperative's reasons for discontinuance are factually invalid.
(5) In the event that a dispute is not resolved to the satisfaction of the Customer, after full investigation, and the
Cooperative intends to proceed with discontinuance, the Cooperative will notify the Customer of the date, place, and
time at which a hearing will be conducted by the cooperative for the purpose of determining whether or not the service
should be disconnected pursuant to these rules and regulations. The Customer shall also be notified of the Customer's
right to be represented by counsel, to call witnesses on the customer's behalf to present evidence to the presiding agent
at such hearing and to make such arguments as the Customer feels are appropriate for the purpose of determining
whether or not service should be discontinued. The decision of the presiding officer at such hearing shall be
announced at the hearing or mailed to the parties at a later date. Whether the decision is announced at the hearing or
mailed to the parties at a later date, the decision of the hearing officer shall be reduced to writing and shall be made a
part of the records of the Cooperative. Provided proper notice has been given in accordance with these Rules and
Regulations and the facts of the case merit disconnection, the Cooperative may then discontinue the service, if it is
appropriate under these Rules and Regulations.
G. COLLECTION, DISCONNECTION, AND RECONNECTION CHARGES:
(1) If a collection attempt or collection of an electric service bill is made at the Customer's premises, the Cooperative
shall require a Collection Charge as filed in the Service Fee Rate Schedule.
(2) Except when requested by the Customer, if electric service is disconnected for any of the reasons stated in III-5, A,
(1) the Cooperative shall require a Disconnection Charge as filed in the Service Fees Rate Schedule.
(3) Upon reconnection of electric service, except when disconnected pursuant to Customer's request, the Cooperative
shall require a Reconnection Charge as filed in the Service Fees Rate Schedule.
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RULES AND REGULATIONS
(4) Any Collection, Disconnection, or Reconnection Charges and all other utility charges due shall be paid before
service is restored. These charges are in addition to any deposit, which may be required by the Cooperative before
service is restored.
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
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RULES AND REGULATIONS
III-6: CUSTOMER'S SERVICE OBLIGATIONS
A. CUSTOMER TO FURNISH RIGHT-OF-WAY:
The Customer will provide or procure for the Cooperative at his expense such rights-of-way (including
permission to trim or remove any trees that may interfere with the operation of the Cooperative's facilities) as are
satisfactory to the Cooperative, across property owned or otherwise controlled by the Customer, for the
construction, operation, and maintenance by the Cooperative of its facilities necessary or incidental to the
supplying of such electric service.
B. ACCESS TO CUSTOMER'S PREMISES:
The Customer shall give the duly authorized agents and employees of the Cooperative full and free access to the
premises of the Customer for the purposes of constructing, installing, inspecting, adjusting, repairing,
maintaining, replacing, or removing any of the Cooperative's facilities on the premises of the Customer, reading
meters, or for any purpose incidental to the electric service supplied by the Cooperative.
C. CUSTOMER'S INSTALLATION:
(1) Service entrances, switch boxes, service cabinets, switches, fuse blocks, conduit, wiring, connections, and
other equipment, and the installation thereof for the reception, use, and control of electric energy by the
Customer shall be of the type approved by the Cooperative and shall meet the requirements of the National
Electrical Code and comply with all state and local codes insofar as they apply.
(2) Any and all wiring, appliances, or equipment required to transform, control, regulate, or utilize beyond the
point of delivery the electric service supplied by the Cooperative which are furnished, installed, and maintained
by the Customer shall be the sole responsibility of the Customer.
(3) The Customer agrees to repair and replace when necessary, all wires and appurtenances furnished by the
Customer for reception and use of electric service in a safe condition and in compliance with the National
Electrical Code and all state and local codes insofar as they apply.
D. PROTECTION OF CUSTOMER'S EQUIPMENT:
(1) The Customer shall be responsible for determining whether the Customer' s installation and all portions
thereof are and will be suitable for operation at the voltage, phase, and other characteristics of the class of service
to be supplied by the Cooperative.
(2) The protection of the Customer's equipment is the full responsibility of the Customer. Any Customer desiring
protection against interruptions, phase failure, phase reversal, voltage variations, or other temporary irregularities
or failure of part or all of the electric service shall, at his own expense, furnish on such Customer's installation
such protective equipment.
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RULES AND REGULATIONS
E.
DANGEROUS OR DISTURBING USES:
The Customer shall use the electric service supplied by the cooperative with due regard to the effect of such use
on the Cooperative's electric service to its other Customers and on the facilities and equipment of the
Cooperative. The Cooperative may refuse to supply electric service or may suspend electric service to a
Customer, immediately, without notice under III-5, A, (1), if the Customer's installation is in an unsafe or
dangerous condition or is so designed or operated as to disturb or adversely affect the safety of the Customer or
other persons, or the integrity of the Cooperative's delivery system
F. INSPECTIONS AND RECOMMENDATIONS:
The responsibility of the Customer regarding his use of the electric service supplied by the Cooperative is not set
aside, and the Cooperative shall in no way be liable or responsible, on account of any inspections or
recommendations by the Cooperative which are made as a courtesy to the Customer or as a protection to the
electric service supplied by the Cooperative to its other Customers. The Cooperative reserves the right, but
assumes no duty, to inspect the Customer's installation and facilities for suspected unsafe conditions.
G. DEFECTIVE CUSTOMER EQUIPMENT:
Defective appliances or fixtures shall be disconnected at once and properly repaired before further use. Defective
appliances or fixtures include those, which have been found by tests to be causing interference to radio,
television, and like electronic equipment used by others. If electric energy is found to be escaping from any wires
or equipment in or about Customer's premises, Customer shall open the service switch immediately to shut off the
flow of electric energy and notify Cooperative at once.
H. CONSTRUCTION OR USES AFFECTING COOPERATIVE'S EQUIPMENT:
Customer shall consult with the Cooperative before causing or permitting any construction that will affect any of
the Cooperative's service facilities or equipment. Customer shall not, without written consent of the Cooperative,
enclose any exposed portion of service facilities, use any of the poles, wires, structures, or other facilities of the
Cooperative for fastening thereto, support, or any purpose whatsoever, nor shall Customer locate anything in
such proximity to the aforesaid facilities of the Cooperative as to cause, or be likely to cause, interference with
the supply of electric service, or a dangerous condition. The Customer shall be required to reimburse the
Cooperative for any costs due to a change in the location of meters, service lines, or other equipment made of the
Customer, or necessitated by the Customer's interference with the Cooperative's facilities. The Cooperative
reserves the right to remove, immediately and without notice, any unauthorized attachments to its facilities. The
Cooperative's equipment will be removed or relocated only by employees, agents or authorized representatives of
the Cooperative. Any infraction of this rule shall be sufficient cause for discontinuance of service under III-5, A,
(1).
I. PROTECTION OF COOPERATIVE'S PROPERTY:
(1) The Customer at all times shall protect the property of the Cooperative on the premises of the Customer and
shall permit no person other than the employees and agents of the Cooperative and other persons authorized by
law to inspect, work on, open or otherwise handle the wires, meters, or other facilities of the Cooperative. Any
infraction of this rule shall be considered sufficient cause for discontinuance of service immediately, without
notice under III-5, A, (1).
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RULES AND REGULATIONS
(2) In case of loss or damage to the property of the Cooperative on account of carelessness, neglect, tampering, or
misuse by the Customer, any members of family, his agents, servants, or employees, the Customer shall
reimburse the Cooperative for the cost of any necessary repairs or replacements of such facilities or the value of
such facilities.
J. TAMPERING OR FRAUDULENT USE OF COOPERATIVE'S FACILITIES:
(1) The Cooperative may discontinue service to a Customer under III-5, A, (1) and remove its facilities from the
Customer's premises, in case evidence is found that any portion of the Cooperative's facilities have been tampered
with in such manner that the Customer may have received unmetered service or in the event of fraudulent use of
electric service in any manner, including fraudulent meter reading, is discovered.
(2) In such event, the Cooperative may require the Customer to pay all bills, including a bill for such amount of
electric service as the Cooperative may estimate, from available information, to have been used but not registered
by the Cooperative's meter or otherwise fraudulently used, and to increase the amount of his cash security deposit
or surety bond, or other credit arrangement, and pay all damages to Cooperative owned equipment, if any, before
electric service is restored. In addition, before service is restored, the Customer shall be required to bear all costs
incurred by the Cooperative for such protective equipment as, in the judgment of the Cooperative, may be
necessary and give satisfactory assurance that such tampering and fraudulent use of electric service will be
discontinued.
(3) The existence of tampered connections, meters or devices which operate to cause diversion or fraudulent use
of electric service, shall be taken as prima facie evidence of diversion of electric service by the Customer.
K. INDEMNITY TO COOPERATIVE:
(1) The Customer shall indemnify, save harmless, and defend the Cooperative against all claims, demands, costs
or expense, or loss, damage, or injury, or death to persons or property, in any manner directly or indirectly
connected with, or growing out of the distribution or use of electric service by the Customer at or on the
Customer's side of the point of delivery.
(2) The Customer shall indemnify, save harmless, and defend the Cooperative against all claims, demands, costs
or expense for trespass, injury to persons, or damage to lawns, trees, shrubs, buildings, or other property that may
be caused by reason of or related to installation, maintenance, or replacement of Cooperative's service lines or
other necessary appurtenances to serve Customer, unless the injury to persons or damage to property has been
caused by willful default or negligence on the part of the Cooperative.
L. PARALLEL OPERATION:
No Customer shall operate or permit operation of electric generating equipment in parallel with electric service
supplied by the Cooperative except as may be permitted under a special Electric Service Agreement. Any
infraction of this rule shall be sufficient cause for discontinuance under III-5, A, (1).
M. EMERGENCY STAND-BY GENERATORS:
Customer may be permitted to utilize emergency stand-by generating equipment when service is interrupted due
to severe storms, or when prolonged outages result from construction or maintenance activities. A double-throw
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RULES AND REGULATIONS
switch of approved size and type shall be installed and maintained at the expense of the Customer to totally separate
the facilities of the Customer from those of the Cooperative, when such equipment is in use.
N. CHARGES FOR WORK COMPLETED ON CUSTOMER'S PREMISES:
The Cooperative shall charge for all materials furnished and for all work done on Customer's premises beyond
the equipment owned and installed by the Cooperative, for trouble calls not occasioned by negligence on the part
of the Cooperative, for repair of electric appliances, and any other work or service requested and authorized by
Customer. The charges shall be based upon Cooperative's existing schedule for such work. The Cooperative will
not charge for replacement or repair of equipment furnished and owned by the Cooperative on Customer's
premises except when repairs or replacement are caused by negligence or misuse by Customer or Customer's
agents.
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
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RULES AND REGULATIONS
III-7: COOPERATIVE'S SERVICE OBLIGATIONS
A. OVERHEAD SERVICE INSTALLATION:
(1) Installation of Service Wires to Pole. The Cooperative will install overhead service wires from the distribution pole
line to a pole located on or adjacent to the Customer's property. The Cooperative will designate the point at which the
pole will be located and overhead service wires will be brought to the poles for attachment to the Customer's entrance
wires. The pole and the meter equipment thereon shall be furnished in accordance with the Cooperative's procedures
for the installation of meter loops, meter receptacles, meters, and related appurtenances by the Cooperative. All
service entrance wires and appurtenances thereto beyond this point shall be supplied and maintained by the Customer.
(2) Installation of Service Wires to Building. Under exceptional conditions the Cooperative may elect to install
overhead service wires from the distribution pole lines to the exterior of one of the Customer's buildings. The
Cooperative will designate the point to which its service wires will be brought on the exterior of the building for
attachment to Customer's service entrance wires. Metering equipment attached to the building shall be furnished in
accordance with the Cooperative's procedures for the installation of meter loops, meter receptacles, meters, and related
appurtenances, by the Cooperative. All service wires and appurtenances thereto beyond this point shall be supplied
and maintained by the Customer.
B. UNDERGROUND SERVICE INSTALLATION:
(1) The Cooperative shall determine those areas where underground electric facilities shall be furnished.
(2) A Customer desiring existing overhead electric facilities to be replaced by underground facilities, shall pay for the
total cost of the conversion and underground facilities less material salvage, if any.
(3) If Customer desires underground electric facilities where the Cooperative has determined that overhead facilities
should be used, the Cooperative will install underground service provided the Customer bears the full cost of an
amount equal to the estimated cost differential between the cost of underground service facilities and the cost of
standard overhead facilities.
(4) Any Customer desiring underground service to his building shall furnish and install, at his own expense, the
necessary conduit, master breaker, or main fuse disconnects, underground wires and appurtenances at the point of
delivery located on or adjacent to the Customer's premises, and all wires and appurtenances to be installed beyond this
point of service.
(5) Where underground service is installed, the pole and meter equipment thereon shall be furnished in accordance
with the Cooperative's procedures for the installation of meter loops, meter receptacles, meters, and related
appurtenances by the Cooperative.
C. ENERGIZING BY COOPERATIVE ONLY:
Only authorized Cooperative employees shall be permitted to energize the Cooperative facilities. Any infraction of
this rule shall be sufficient cause for discontinuance of service under III-5, A, (1).
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RULES AND REGULATIONS
D. DELIVERY OF ELECTRIC SERVICE:
(1) The obligation of the Cooperative to supply electric service shall be completed by the supplying of such electric
service at the Customer's point of delivery. The responsibility of the Cooperative for the quality of service and
operation of its facilities ends at the point of delivery.
(2) The point of delivery at which electric energy is furnished to Customer will be the Cooperative's meter on
Customer's premises, unless otherwise defined by the Customer's Electric Service Agreement.
(3) The Cooperative will not be liable for any loss, damage, or injury whatsoever caused by leakage, escape, or loss
of electric energy after it has passed the point of delivery, nor for defects in the Customer's wiring, appliances, or
equipment.
(4) For each class of service the Cooperative shall be required only to furnish, install, and maintain one connection
from its distribution facilities, service conductors from such connection to the Customer's point of delivery, and one
meter installation to measure such electric service to the Customer.
(5) The Cooperative shall not be obligated to supply electric service to a Customer for a portion of the electrical
requirements on the premises of the Customer, except pursuant to a special Electric Service Agreements as required
in III-6, M.
E. PROPERTY OF THE COOPERATIVE:
All facilities furnished and installed by the Cooperative on the premises of the Customer for the supply of electric
service to the Customer shall be and remain the exclusive property of the Cooperative. All facilities on the premises
of the Customer which are or become the property of the Cooperative shall be operated and maintained by and at the
expense of the Cooperative, may be replaced by the Cooperative at any time, and may be removed by the
Cooperative upon termination of the Customer's Electric Service Agreement or upon discontinuance by the
Cooperative of electric service to the Customer for any reason.
F.
CONTINUITY OF SERVICE:
The Cooperative will use reasonable diligence to supply continuous electric service, but does not guarantee the
supply of electric service against irregularities or interruptions. In no event shall the Cooperative be liable for
damages from irregularities or interruptions of service, caused by, but not limited to failure of facilities, breakdowns,
or injury to equipment, extraordinary repairs, and act of God, public enemy, accidents, labor disturbance, strikes or
their equivalent, sabotage, legal process, federal, state, or municipal interferences and restraint by public authority,
any emergency, or any cause beyond the Cooperative's control.
G. CURTAILMENT, INTERRUPTION, OR SUSPENSION OF SERVICE:
The Cooperative shall have the right to curtail (including voltage reduction), interrupt, or suspend electric service to
the Customer as may be necessary for the inspection, maintenance, alteration, change, replacement or repair of
electric facilities, or for the preservation or restoration of its system operations or of operations on the part of the
interconnected electric systems of which the Cooperative's system is a part or as directed by any federal, state, or
local authority.
30
RULES AND REGULATIONS
H. RESTORATION OF SERVICE:
(1) In all cases of curtailment, irregularity, interruption, or suspension of service, the Cooperative will make every
reasonable effort to restore service without unnecessary delay. Labor disturbances affecting the Cooperative or
involving employees of the Cooperative may be resolved by the Cooperative at its sole discretion.
(2) The Cooperative shall not be considered in default of the Electric Service Agreement with Customer, and shall
not otherwise be liable for any damage occasioned by any curtailment, irregularity, interruption, or suspension of
electric service. The Customer shall not be relieved from charges provided for in the Electric Service Agreement and
Rate Schedules because of curtailment, irregularity, interruption or suspension of electric service.
I.
LIABILITY OF COOPERATIVE:
The Cooperative shall not be considered in default of the Electric Service Agreement and shall not otherwise be
liable on account of any failure by the Cooperative to perform any obligation if prevented from fulfilling such
obligation by reason of any delivery delay, breakdown or failure of or damage to facilities, an electric disturbance
originating on or transmitted through electrical systems with which the Cooperative's system is interconnected, act
of God or public enemy, strike, or other labor disturbance involving the Cooperative or the Customer, civil, military,
or governmental authority, or any cause beyond the control of the Cooperative.
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
31
RULES AND REGULATIONS
III-8: LINE EXTENSION POLICY
A. SINGLE PHASE LINE AND SERVICE:
The Cooperative will build the first one-eighth (1/8) mile and the last one-eighth (1/8) mile of single phase line per
Customer under its filed Rate Schedules. In the event the line extension exceeds one-quarter (1/4) mile per
Customer, a monthly Customer Charge or an increase in the existing monthly Customer Charge in the amount of one
and one-half percent (1.5%) of the construction cost of the intermediate line will be required. Right-of-way clearing
for line extensions on new construction shall be at the expense of the customer.
B. MULTIPHASE LINE AND SERVICE:
Whenever the Cooperative extends a multiphase line or converts an existing line to furnish multiphase service to any
Customer in its territory under its filed Rate Schedules, a monthly Customer charge or an increase in the existing
monthly Customer Charge in the amount of one and one-half percent (1.5%) of the Cooperative's investment in
facilities necessary to provide that service will be required. Right-of-way clearing for line extensions on new
construction shall be at the expense of the customer.
C. CONTRACT TERM:
As evidence that the Customer accepts service under the terms of this extension policy, the Customer will be required
to sign an Electric Service Agreement guaranteeing the monthly Customer Charges for these contract periods:
(a) For single-phase line extension not exceeding one-quarter (1/4) mile in length, the contract period shall be
five (5) years.
(b) For single-phase line extension exceeding one-quarter (1/4) mile in length, the contract period shall be five
(5) years.
(c) For any three-phase line extension, the contract period shall be five (5) years.
(d) After the initial contract period, as set out in (a), (b), or (c), the monthly minimum or monthly Customer
Charge will not exceed the amount set forth in the appropriate Rate Schedule.
D. SPECIAL CONTRACTS FOR SERVICE:
Whenever it is necessary to make extensions or reinforce distribution lines to provide service such that in the sole
judgment of the Cooperative, the revenue to be derived from, or the duration of the prospective business is not
sufficient under the above stated monthly Customer Charge to warrant the investment, the Cooperative may require
an adequate monthly Customer Charge calculated upon reasonable consideration. In such cases, the Customer shall
enter into a written contract with the Cooperative as to character, amount, and duration of the business offered.
E.
PRORATION OF MINIMUM MONTHLY CHARGE:
The monthly Customer Charges determined in accordance with paragraphs A and B of this Section will be pro-rated
on an equal basis between all Customers that are initially or subsequently served by the line extension within the
contract period.
32
RULES AND REGULATIONS
F.
CONTRIBUTION BY DEVELOPER:
In the event a developer or owner of a housing or building development requests that the Cooperative construct a
distribution system therein in advance of the completion of a substantial number of the houses or buildings, the
Cooperative may require a cash contribution from the developer or owner in sufficient amount to cover the cost of
Cooperative's distribution system The contribution shall be refunded to the developer or owner, proportionately, as
additional houses or buildings are built, occupied and connected to the distribution system during the succeeding
five (5) years.
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
33
RULES AND REGULATIONS
III-9: METERING
A. METERING OF SERVICE:
Cooperative will furnish and install at its expense, all metering installations in accordance with the Cooperative's
procedures for the installation of meter loops, meter receptacles, meters, and related appurtenances.
B
SEPARATE METERING:
Where Cooperative's Rate Schedules provide for separate metering of different classes of service, Customer's wiring
shall be so arranged that each class of service can be metered separately. Not more than one set of service wires will
be run to one building or premises for each class of service furnished to the Customer.
C. MULTI-METERING INSTALLATIONS:
(1) The Cooperative will eliminate, on a prospective basis, the practice of providing electric service to more than one
Customer in a Multiple Residential Complex. The meters will be connected to one set of service wires, providing the
service wires are of sufficient size to furnish an ample supply to all Customers. Customer's wiring shall be so
arranged as to permit the installation of Cooperative's meters immediately adjacent to each other.
(2) Multiple Residential Complexes may be served through one meter where energy savings can be achieved through
the use of energy systems, which require master metering.
(3) Where two or more Residential Customers or dwelling units in a Multiple Residential Complex are served
through one meter, the respective Rate Schedules shall be applicable by multiplying the KWH of each rate block and
the minimum by each number of dwelling units.
D. CHANGES IN METER INSTALLATIONS:
(1) Cooperative will, at its expense, make all changes in Cooperative's installed meter loops, meter receptacles,
meters, and related appurtenances on Customer's premises that are required to meet the Customer's increased demand
for electric service.
(2) Changes requested by the Cooperative that involve the replacement or relocation of Cooperative's service wires,
metering equipment, yard poles, etc., shall be provided at the Cooperative's expense.
(3) Changes requested by the Customer that involves the replacement or relocation of Cooperative's service wires,
metering equipment, yard poles, guys and anchors, etc., shall be provided at the Customer's expense.
E. METER SEALS:
Seals will be placed on all meters or meter enclosures by Cooperative and such seals shall not be broken or disturbed
by anyone other than authorized representatives of the Cooperative.
F. METER ACCURACY AND TESTING:
(1) The accuracy and testing of Cooperative's meters shall be in accordance with these Rules and Regulations.
34
RULES AND REGULATIONS
(2) Whenever any test by the Cooperative of a watt-hour meter, while in service or on its removal from service, shall
show such meter to have an average error of more than two percent (2%) fast or two percent (2%) slow, the following
provisions for the adjustment of electric service bill shall be observed:
(a) The error found shall be considered for the purpose of these rules to have existed for not more than six (6)
months preceding the test or for the time the meter has been in service at the location if less than six (6) months,
or from the actual time the meter became damaged if such time can be positively determined and is less than six
(6) months prior to the time of the test.
(b) If the meter is found to be faster than allowable, the Cooperative shall refund to the Customer concerned any
overcharge caused thereby during the period of inaccuracy of the meter as defined above. The actual error of the
meter and not the difference between the allowable error and the error of the meter as found shall be used as the
basis for calculating the refund.
(c) If the meter is found to under-register, the Cooperative may render a bill to the Customer concerned for the
estimated consumption not covered by bills previously rendered during the period of inaccuracy as defined in the
preceding paragraphs. Such action may be taken, however, only in cases where the bill for estimated inaccuracy
amounts to one dollar ($1.00) or more, and all such bills shall be conditional upon the Cooperative's not being at
fault for allowing the inaccurate meter to remain in service. The Cooperative shall in no case render a bill for
under-registration where a meter has been found to be slow, unless the particular meter has been tested in
conformity paragraph F (1) of this Rule.
G.
DEMAND METERS:
Whenever any tests, by the cooperative of a demand meter while in service or on its removal from service, shows
such meter to be more than two percent (2%) in error, the provisions covering the adjustment of charges in the case
of service watt-hour meters shall be observed insofar as they are applicable. If the demand meter depends upon
actuations from the watt-hour meter or its readings, the average error of the demand meter shall be determined from
the heavy load accuracy of the watt-hour meter in conjunction with the accuracy of the demand meter itself.
I.
SPECIAL METER TESTS:
In the event a Customer requests the Cooperative to test a meter, the Customer shall deposit with the Cooperative a
Meter Test Fee as filed in the Service Fees Rate Schedule. If the meter is found to be within the accuracy limits
established, as referred to in paragraph F (I) of this Rule, the entire Meter Test Fee will be retained in order to help
defray the Cooperative's expense in testing the meter. In all other cases, the Meter Test Fee shall be refunded to the
Customer.
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
35
RULES AND REGULATIONS
III-10: GENERAL CLAUSES
A. WAIVER:
Waiver by the Cooperative with respect to any default by a Customer in complying with the provisions of the
Electric Service Agreement and these Rules and Regulations shall not be deemed to be a waiver with respect to
any other or subsequent default by such Customer.
B. LEGAL NOTICES BETWEEN CUSTOMER AND COOPERATIVE:
All notices addressed to the Cooperative shall be in writing and no telephone communication shall be considered
as proper notice unless otherwise specifically provided for these Rules and Regulations. If oral orders are taken
in person or over a telephone by an agent of the Cooperative, it is done for the convenience of the Customer and
at his risk. The Cooperative is not responsible for error, delay, or expense resulting from such procedure, but the
Cooperative shall exercise reasonable diligence in carrying out telephone communications from the Customer.
C. AUTHORITY AND WAIVER:
The requirements contained in these Rules and Regulations may be waived in individual cases by the Board of
Trustees of the Cooperative upon written request by the Customer, and a showing that compliance with the
requirements would serve the interest of neither the Cooperative nor the Customer. No representative, agent, or
employee of the Cooperative shall otherwise have the authority to amend, modify, alter, or waive any of
Cooperative's Rules and Regulations, or bind the Cooperative by promises or representations.
D. REQUEST FOR INVESTIGATION:
If Customer feels that service is not adequate and sufficient, the Cooperative should first be advised as soon as
possible in writing, of the nature of the complaint so that the proper investigation may be conducted. An
investigation of the complaint will be made by the Board of Trustees or its authorized representative. The Board
will then schedule a hearing at which the Customer may appear either in person or through counsel to explain the
nature of the Customer's complaint to the Board of Trustees. The Board of Trustees will then consider what, if
any, action should be taken on the Customers complaint.
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
36
RULES AND REGULATIONS
III-11: SERVICE FEES RATE SCHEDULE
The following schedule of fees and charges shall be collected by the Cooperative in accordance with the provisions of the
Rules and Regulations:
1. Temporary Service Minimum Fee
2. Meter Reading Fee
$50.00
$30.00
3. Returned Check Charge - A charge not exceeding $30.00, or as provided by K S.A. 21-3707.
4. Collection Charge
$25.00
5. Disconnection Charge
$25.00
6. Reconnection Charge
$50.00
7. Meter Test Fee
$20.00
8. Energy Audit Fee
$15.00
9. Connection After Hours
$100.00
10.Service Connection Fee
$10.00
APPROVED BY THE BOARD TRUSTEES
Date: January 3, 2002
37
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