Borough of Middletown, PA
Dauphin County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Middletown 6-10-1907.
Editor's Note: This ordinance appeared in Ch. VII, Part 2, of the 1953 Code of Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES

Staggering of electric bills — See Ch. 108, Art. I.

Service charge for bad checks — See Ch. 108, Art. II.

Electrical standards — See Ch. 142.

§ 144-1
Responsibility for electrical connections. 

§ 144-2
Financial responsibility for electrical installations. 

§ 144-3
Nonliability of Borough. 

§ 144-4
Right of Borough to terminate supply. 

§ 144-5
Restrictions on Borough employees. 

§ 144-6
Nontransferability of contracts; application for service. 

§ 144-7
Failure to comply with regulations. 

§ 144-8
Due date for bills other than service bills. 

§ 144-9
Ownership of meters. 

§ 144-10
Right of entry to remove meters. 

§ 144-11
Interference with equipment prohibited. 

§ 144-12
Interference with Borough employees prohibited. 

§ 144-13
Violations and penalties. 

§ 144-14
Inspection of wiring prior to service. 

§ 144-15
Certificate of approval required. 

§ 144-16
Insulation requirements. 

§ 144-17
Standards for electrical wiring. 

§ 144-18
Unlawful to bypass meter. 

§ 144-19
Deposits for electric service. 

§ 144-20
Authority to establish rate schedule. 

§ 144-21
Furnishing of current without consent prohibited. 

§ 144-22
Rate schedule. 

§ 144-23
Alternative billing for church, meeting house or place of worship. 

§ 144-24
Tampering with meters; violations and penalties. 

§ 144-25
Budget billing for all residential total electric customers. 

§ 144-26
Flat rates or special rates prohibited. 

§ 144-27
Delinquent bills. 

§ 144-28
Yard lighting. 

§ 144-29
Fee for connection after working hours. 

§ 144-30
Failure of meter to register correctly. 

§ 144-31
Purchase power cost adjustment. 

§ 144-1 Responsibility for electrical connections.

[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979; 5-3-1993 by Ord. No. 1040, approved 5-3-1993; 6-1-1998 by Ord. No. 1106, approved 6-1-1998; 12-5-2005 by Ord. No. 1201, approved 12-5-2005; 11-17-2009 by Ord. No. 1258, approved 11-17-2009]
A. 

The Middletown Borough Council shall be the sole retail electric regulatory authority for the municipality and all its retail electric consumers.

B. 

The Middletown Borough Council determines it to be desirable that the aggregation of power needs and demand response on behalf of its retail customers, to be bid directly into the organized electric and ancillary services markets administered by the regional transmission organization that includes the municipality (or any successor independent system operator or regional transmission organization), be performed by the municipality or its authorized designee.

C. 

Middletown Borough Council or its authorized designee is the sole entity permitted to aggregate retail customers' power needs and demand response and bid demand response on behalf of retail customers of the municipality directly into any federal-approved independent system operator's or regional transmission organization's organized electric markets.

D. 

Retail customers of Middletown's electric system desiring to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized electric markets may do so only by participating in the program established by the Middletown Borough Council or its authorized designee.

E. 

Middletown Borough Council or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers of the municipality directly into any Commission-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff).

F. 

Retail customers of Middletown's electric system desiring to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff) may do so only by participating in the program established by the Middletown Borough Council or its authorized designee.

G. 

The Borough Manager, as general manager of the electricity system, is authorized to propose any regulations necessary to implement this section, which shall be adopted by Council.

H. 

The requirements for connections to the supply lines of the Borough are established in the Borough of Middletown Electric Service and Meter Installation Requirements, latest edition, as amended. The customer shall conform to the requirements established therein.

I. 

Electrical service shall be required in all inhabited properties. Failure to obtain or maintain electrical service in a property or apartment unit while it is inhabited shall deem the property or apartment unit unfit for human habitation and shall further render the structure or apartment unit as dangerous and unsafe. As to apartment units, only the unit without electric service shall be deemed unfit for human habitation. The remaining units in the apartment structure that have electric service shall not be affected. In such instances, in addition to other remedies contained in this Chapter 144, the Code Enforcement Officer shall comply with the provisions of § 127-15.

§ 144-2 Financial responsibility for electrical installations.

[Amended 2-9-1953 by Ord. No. 292, approved 2-9-1953; 11-19-1979 by Ord. No. 762, approved 11-19-1979; 5-3-1993 by Ord. No. 1040, approved 5-3-1993]
A. 

The consumer, customer, owner or subscriber (and in any event not the Borough) shall provide, own and maintain the service extensions, as applicable, and all subsequent service equipment from the Borough's service termination point with the exception of the meter and metering transformers.

B. 

The consumer, customer, owner or subscriber (and in any event not the Borough) shall pay for all inside work, including wiring, cutouts, fixtures, sockets, lamps and any other devices which the consumer, customer, owner or subscriber may choose to install.

C. 

If the Borough decides for whatever reason to modify or in any way to alter the method of providing electrical service to an existing customer, the customer shall bear all costs for the work required beyond the service termination point unless the modification will solely benefit the Borough or a third party.

Editor's Note: Former Subsection C, concerning payment for service conductors extending beyond the one-hundred-foot maximum allowed by the Borough, and former Subsection E, added 10-3-1994 by Ord. No. 1057, approved 10-3-1994, concerning reimbursement for transformers larger than 50 kilovolt-amperes, were repealed 6-1-1998 by Ord. No. 1106, approved 6-1-1998. This ordinance also provided for the renumbering of former Subsection D as Subsection C.

§ 144-3 Nonliability of Borough.

[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]
A. 

The Borough will use reasonable diligence in furnishing continuous electric service, but the Borough shall not be liable for any loss, damage or expense sustained by the customer caused by interruption, deficiency, variation or other failure of electric services caused by any acts of God, public enemies, accidents, labor disputes, riots, wars, orders or acts of civil or military authority, breakdowns of or damage to equipment or facilities of the Borough or any cause other than gross negligence or willful neglect on the part of the Borough.

B. 

The Borough may, without liability therefor, interrupt or suspend service to any or all of its customers whenever, in its sole judgment, such action is required to limit or prevent any actual or threatened disturbance or instability on the system of the Borough or on any interconnected system.

§ 144-4 Right of Borough to terminate supply.

[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]
A. 

The Borough reserves the right to shut off the supply of electric service for any of the following reasons:

(1) 

Repair, alteration or extension of the Borough's facilities.

(2) 

Unavoidable shortages or interruptions in the Borough's source of supply.

(3) 

Fraudulent act or representation by the customer in the procurement or use of electric service.

(4) 

Any disapproval by the Borough of the customer's equipment or installation by virtue of its being or becoming defective or otherwise unsafe or causing disturbances on other customer's equipment.

(5) 

The customer's premises have been abandoned or are in such condition as to create a hazard to service facilities or to persons on or about such premises.

(6) 

Placement or maintenance by the customer of any building or structure which, in the opinion of the Borough, constitutes a hazard to service facilities or to persons on or about the premises.

(7) 

The customer's premises become flooded or are threatened with flooding.

(8) 

Failure by the customer to maintain effective ground connection in compliance with requirements of the code or the Borough Code applicable at such time.

Amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005]

(9) 

Nonpayment of any bill, as herein provided.

(10) 

Violation or noncompliance by the customer with any rule or regulation herein set forth.

(11) 

Whenever such action is necessary to protect the Borough from fraud, abuse, liability or suit.

(12) 

Upon cancellation of contract.

B. 

When the service has been discontinued for any of said reasons other than those in Subsection A(1) and (2), a charge of $40 for making the disconnection and reconnection, payable before reconnection, will be made. If the service has been discontinued for the reason specified in Subsection A(9), the customer must pay all past due charges, plus reconnection charges in accordance with § 144-27 of this chapter. prior to reconnection of service. Prior to discontinuance of service, the Borough will take such steps as may be reasonable to notify the customer thereof.

[Amended 6-1-1998 by Ord. No. 1106, approved 6-1-1998]

§ 144-5 Restrictions on Borough employees.

[Amended 2-9-1953 by Ord. No. 297, approved 2-9-1953]

Inspectors, agents and other Borough employees are hereby expressly prohibited from demanding or accepting any compensation from consumers or others for services rendered in connection with the electric system, it being the intent of this section that all such employees shall be compensated for such services solely by the salaries and/or wages paid therefor by the Borough.

§ 144-6 Nontransferability of contracts; application for service.

[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979; 9-14-2010 by Ord. No. 1270, approved 9-14-2010]

Contracts are not transferable. A nonrefundable connection fee of $75 shall be charged for all applications for service and connections except as specified otherwise in §§ 144-4, 144-27 and 144-29 of this chapter.

§ 144-7 Failure to comply with regulations.

[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]

Any failure on the part of the subscriber to comply with this chapter of the Code of the Borough of Middletown, including any amendments thereto at any time made, shall annul the contract, and the Borough of Middletown may thereupon, without further notice, terminate service and remove its property from the premises.

§ 144-8 Due date for bills other than service bills.

[Amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]

Removal bills, special bills or bills rendered on vacation of premises or to persons discontinuing service must be paid on presentation.

§ 144-9 Ownership of meters.

[Added 7-11-1932]

Every electric meter heretofore installed or hereafter installed by the Borough of Middletown on private property shall, at all times, remain the absolute property of said Borough of Middletown, and said Borough shall not lose title thereto by attaching the same to the real estate.

§ 144-10 Right of entry to remove meters.

[Added 7-11-1932]

The Borough of Middletown shall, at all times, have the right of ingress, egress and regress to and from the point on private real estate where such meter may be located and shall further have the right to remove such meter or meters at any time the proper Borough authorities may decide to remove such meter or meters.

§ 144-11 Interference with equipment prohibited.

[Added 4-8-1940]

From and after the passage of this chapter, it shall be unlawful for any person or persons to willfully and intentionally interfere with or molest in any way the wires or equipment of the Borough of Middletown over which said Borough furnishes or intends to furnish electric current to any of its consumers or to the streetlights operated by it.

§ 144-12 Interference with Borough employees prohibited.

[Added 4-8-1940; amended 2-9-1953 by Ord. No. 308, approved 2-9-1953; 11-19-1979 by Ord. No. 762, approved 11-19-1979]

From and after the passage of this chapter, any employee of the Borough of Middletown, duly employed for such purpose, shall have the right to enter upon or into any property located in the Borough of Middletown, either commercial or residential, for the purpose of reading the Borough's electric meter or to inspect or remove the same or to inspect the wiring in such property or any of the Borough's equipment at any and all reasonable times. It is hereby declared to be unlawful for any person or persons to interfere in any way with any employee of the Borough while in the performance of his duties as such employee.

§ 144-13 Violations and penalties.

[Added 4-8-1940; amended 11-19-1979 by Ord. No. 762, approved 11-19-1979; 4-6-1987 by Ord. No. 943, approved 4-6-1987; 7-11-1988 by Ord. No. 972, approved 7-11-1988]

Any person who shall violate any of the rules and regulations or provisions of this chapter of the Code of the Borough of Middletown, including the provisions of § 144-12 above, shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor greater than $1,000, plus court costs or costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.

§ 144-14 Inspection of wiring prior to service.

[Added 6-13-1949; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]

From and after the passage of this chapter, it shall be unlawful for any property owner or tenant to have electric current turned on or used in any new building or any remodeled building in the Borough of Middletown used for residential or business purposes unless and until all the electric wiring in such new or remodeled building shall first have been inspected and approved, in writing, by a certified electrical inspection agency and proof of such inspection and approval shall have been exhibited to the authorized representative of the Borough.

Editor's Note: See also Ch. 142, Electrical Standards.

§ 144-15 Certificate of approval required.

[Added 7-13-1949; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]

The authorized representative of the Borough and his workmen and employees shall not at any time hereafter cut into any new or remodeled building or buildings in the Borough of Middletown for the purpose of furnishing electric current to such building or buildings until a proper certificate of approval of the wiring in such new or remodeled building or buildings issued by a certified electrical inspection agency shall first have been exhibited to the authorized representative of the Borough. All temporary services must be properly grounded before service installation shall be made to any building.

§ 144-16 Insulation requirements.

[Added 1-19-1981 by Ord. No. 786, approved 1-19-1981; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987; 7-11-2005 by Ord. No. 1194, approved 7-11-2005]

New residential buildings and commercial buildings, and additions thereto and hereafter, that utilize electric space heating shall conform to the code adopted in § 114-1 herein and shall be enforced by the Code Enforcement Officer.

§ 144-17 Standards for electrical wiring.

[Added 6-13-1949]

The fire insurance standards for electric wiring approved by the Commonwealth of Pennsylvania are hereby adopted as the requirements of the Borough of Middletown as to safety.

§ 144-18 Unlawful to bypass meter.

[Added 6-13-1949; amended 11-19-1979 by Ord. No. 762, approved 11-19-1979]
A. 

Any person installing an electric connection or contrivance in his or her property or properties used by such person or who knowingly uses such electric connection or contrivance for the purpose of procuring electric current without registering the same on the meter shall be liable to a penalty as hereinafter provided.

B. 

For the purpose of determining whether any person is receiving electric current from the Borough of Middletown which does not pass through an electric meter, the authorized representative of the Borough shall have and is hereby given authority to enter into and upon any property or properties of the Borough of Middletown, and any property owner or tenant who refuses to permit the authorized representative of the Borough to enter into and upon any premises in the Borough of Middletown for said purpose shall be subject to the penalty provided in § 144-13 of this chapter.

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]

§ 144-19 Deposits for electric service.

[Added 7-11-1932; last amended 12-5-2005 by Ord. No. 1201, approved 12-5-2005]
A. 

Electric service customers shall be required to make a security deposit with the Borough in order to obtain electric service as outlined in this § 144-19 under conditions outlined herein. This deposit is designed to guarantee against a default in payment by an electric customer. A security deposit, if required, shall not be considered as being made in lieu of a regular required payment.

B. 

The following residential customers are required to make a security deposit with the Borough:

(1) 

New residential customers;

(2) 

Previous residential customers who have not had an electric service account with the Borough for 30 days or more;

(3) 

Existing residential customers who have bad pay history with the Borough. For purposes of this § 144-19, "bad pay history" is defined as any one of the following:

(a) 

A residential customer who has had a delinquent electric account balance in excess of $50 for more than 90 days over the course of the account history; or

(b) 

A residential customer who has presented the Borough with at least two checks, electronic fund transfers, or other methods of payment which were not honored by the customer's bank or financial institution; or

(c) 

A residential customer who has had his or her service terminated for nonpayment.

C. 

All commercial customers shall be required to place a security deposit with the Borough.

D. 

All security deposits shall be held separate from other funds of the Borough, and shall bear interest at the rate of 1% per annum.

E. 

Security deposits may be returned to a residential customer:

(1) 

After 12 months, provided that the customer does not have a bad pay history or has made no delinquent payments or insufficient funds payments during the previous 12 months; or

(2) 

Following assignment of the account to a successor and payment of the final electric bill. In the event that the final electric bill is not paid in full, the security deposit shall be retained and applied to the unpaid balance. Any portion of the security deposit remaining after application against amounts owed shall be returned.

F. 

Any customer whose service is terminated and, as a result, is required to make a security deposit, shall be required to do so prior to the reactivation of the terminated electric service. Failure, or inability, to make the required security deposit shall, in all cases, prohibit Borough staff from reestablishing electric service.

G. 

Security deposits for commercial customers shall only be returned following the assignment of the account to a successor and settlement of the final bill.

H. 

Returned deposits shall be paid only to the customer of record or his or her heirs, executors or administrators.

I. 

The Borough reserves the right, but shall not be required, to apply said deposit, in whole or in part, to payment of all current or other service charges, or any other fees, taxes, penalties, or charges, due to the Borough, by the service customer.

J. 

The following security deposits shall be provided by residential and commercial customers:

[Amended 9-14-2010 by Ord. No. 1270, approved 9-14-2010]

(1) 

Residential security deposits shall be determined and based upon the customer's FICO (Fair Isaac Corporation) credit reporting score, and a deposit is made in accordance with the following table:

FICO Credit Score Deposit Required
Less than or equal to 525 $200
526 to 600 inclusive $150
601 to 675 inclusive $100
Equal to or greater than 676 $50
(2) 

Commercial security deposits shall be calculated at the rate of $1 per ampere of service (example: i.e., 400 ampere service equals $400 deposit).

K. 

The Borough reserves the right to allow security deposits to be made in the form of cash, credit card drafts, or electronic fund transfers.

§ 144-20 Authority to establish rate schedule.

[Added 11-13-1941; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]

The Borough Council shall be and is hereby authorized to establish a schedule of rates for electric current hereafter furnished by the Borough to its citizens and consumers and to alter and amend the same, from time to time, in whole or in part. The schedule or schedules so established shall provide for all classes of consumers. Until the new schedule of rates is adopted, the present rates shall continue in full force and effect.

§ 144-21 Furnishing of current without consent prohibited.

[Added 5-10-1926]

No person, firm or corporation shall hereafter furnish any electric current to any person, firm or corporation within the limits of the Borough of Middletown without first securing the consent of the proper authorities of the Borough of Middletown so to do; the foregoing provision, however, shall not affect any corporation now supplying electricity to manufacturing plants within the Borough of Middletown under permission heretofore granted by the Borough.

§ 144-22 Rate schedule.

[Added 5-10-1926; last amended 12-9-1985 by Ord. No. 907, approved 12-9-1985
Editor's Note: Subsequent amendments to this section noted where applicable.
]
A. 

Residential Total Electric Service. Effective January 1, 2006, all rate customers who were assigned to this rate class shall be migrated to Residential Rate Class - R Rate.

[Amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

B. 

Residential service -- R Rate.

(1) 

Application of schedule.

(a) 

This rate schedule is available to:

[1] 

Customers located on the Borough's distribution line who desire service for household and other related uses in a single, private dwelling or an individual dwelling unit in a multiple-dwelling structure.

[2] 

Customers located in a single, private dwelling in which not more than 25% of the square footage of that dwelling is used exclusively in connection with the conduct of a business (commercial or noncommercial) or profession by a person residing therein.

(b) 

This rate is not available to:

[1] 

Customers located in a single, private dwelling in which more than 25% of the square footage of that dwelling is used exclusively in connection with the conduct of a business (commercial or noncommercial) or profession by a person residing therein. Such customers shall have available to them the rates for Commercial-General Service or Commercial-Industrial Service, as the case may be, unless such customer can establish that his or her electrical consumption relating to the business (commercial or noncommercial) or profession is less than 50% of the total electric usage.

[2] 

Any customer for the usage of electricity for a business (commercial or noncommercial) or a profession located in a building which is detached from the dwelling used by the customer as a residence. Such customers shall have available to them for usage of electricity in such detached buildings the rates for Commercial General Service or Commercial-Industrial Service, as the case may be.

(2) 

The character of service shall be continuous, alternating current, 60 hertz, single-phase, 120/240 volts.

(3) 

Net monthly rate. The customer's monthly bill shall be the sum of the customer charge and energy charges.

[Last amended 9-20-2006 by Ord. No. 1214, approved 9-20-2006]

(a) 

Customer charge: $10.91 per electric meter.

(b) 

Energy charge: $0.0826 per kilowatt-hour.

(4) 

Minimum monthly charge. The minimum monthly charge shall be the customer charge of $10.91.

[Amended 12-8-2003 by Ord. No. 1165, approved 12-8-2003; 12-5-2005 by Ord. No. 1200, approved 12-5-2005; 9-20-2006 by Ord. No. 1214, approved 9-20-2006]

C. 

Commercial-General Service, Two-Kilowatt Minimum Small Power and Light Rate -- C Rate.

(1) 

Application of schedule. This rate schedule is for small general services, including churches, schools and other municipal buildings, and excluding volunteer fire services as provided in Subsection C(9), at nominal secondary voltage. It is available to customers located on the Borough's distribution line desiring electric service for general lighting and/or power service and whose minimum billing demand is not less than two kilowatts.

[Amended 8-10-2010 by Ord. No. 1269, approved 8-10-2010]

(2) 

The character of service shall be continuous, alternating current, 60 hertz, single- or three-phase secondary at approximately 120/208 volts, 120/240 volts and 277/480 volts, where available.

(3) 

Net monthly rate. The customer's monthly bill shall be the sum of the customer charge, demand charges and energy charges.

[Amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(a) 

Customer charge: $10.91 per electric meter.

(4) 

The demand charge shall be as follows:

[Last amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(a) 

The first two kilowatts of the billing kilowatt: $1.33 per kilowatt.

(b) 

Over two kilowatts of the billing kilowatt: $5.46 per kilowatt.

(5) 

The energy charge: $0.073 per kilowatt-hour.

[Last amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(6) 

Minimum monthly charge. The minimum monthly charge shall be an amount equal to the demand charge plus the customer charge of $10.91 but not less than $10.91.

[Last amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(7) 

The determination of billing demand shall be the maximum fifteen-minute demand or as determined by periodic tests. Demand may be determined by estimate, in which case it will be taken as the connected lighting load, plus 60% of the connected heating load, plus the following percentage of connected motor load:

Size of Installation (horsepower) Percentage of Connect Motor Load
Under 5 72%
5 to 10 60%
10 to 20 56%
All over 20 52%
(8) 

Power factor. When the power factor is above or below 85%, multiply the demand by 85% and divide by the actual percent power factor to determine billing demand. For such adjustment, the measured power factor will be taken as not over 90% nor below 50%.

(9) 

Volunteer fire services. The Middletown Volunteer Fire Department shall not be subject to demand charges and demand meters shall not be required for all Middletown Volunteer Fire Department buildings for determination of billing demand charges and billing purposes pursuant to this Subsection C.

[Added 8-10-2010 by Ord. No. 1269, approved 8-10-2010]

D. 

Commercial-Industrial Service, Twenty-Kilowatt Minimum Large Power and Light Rate -- CI Rate.

(1) 

Application of schedule. This rate schedule is for large general service, including churches, schools and other municipal buildings at secondary voltage. It is available to customers located on the Borough's distribution line desiring electric service for general lighting and/or power service and whose minimum billing demand is not less than 20 kilowatts.

(2) 

The character of service shall be continuous, alternating current, 60 hertz, single- or three-phase secondary, at approximately 120/208 volts, 120/240 volts and 277/480 volts, where available.

(3) 

Net monthly rate. The customer's monthly bill shall be the sum of the customer charge, demand charges and energy charges.

[Last amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(a) 

Customer charge: $6.95 per electric meter.

(4) 

The demand charge shall be as follows:

[Last amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(a) 

First 20 kilowatts of the billing kilowatt: $5.46 per kilowatt.

(b) 

All additional kilowatts of the billing kilowatt: $4.671 per kilowatt.

(5) 

The energy charge shall be as follows:

[Last amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(a) 

First 2,500 kilowatt hours: $0.0731 per kilowatt-hour.

(b) 

All additional kilowatt-hours: $0.0605 per kilowatt-hour.

(6) 

Minimum monthly charge. The minimum monthly charge shall be an amount equal to the demand charge but not less than $50.

[Last amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(7) 

Determination of demand. The demand in kilowatts (billing kilowatt) is the average kilowatts supplied during the fifteen-minute period of maximum use during the current billing period, as determined by a demand meter.

E. 

Off-Peak Service -- OP Rate. Effective January 1, 2006 this rate no longer available.

[Amended 3-1-1999 by Ord. No. 1111, approved 3-1-1999; 1-3-2000 by Ord. No. 1126, approved 1-3-2000; 12-3-2001 by Ord. No. 1142, approved 12-3-2001; 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

F. 

Industrial Service -- I Rate, Large-Capacity Users, as Agreed to By the Borough.

[Last amended 12-5-2005 by Ord. No. 1200, approved 12-5-2005]

(1) 

Application of schedule. The following rate is for industrial customers using electric current for power, lighting and heating.

(a) 

Net monthly rate: The customer's monthly bill shall be the sum of the customer charge, demand charges and energy charges.

(b) 

Customer charge: $7.57 per electric meter.

(2) 

The demand charge for all kilowatts of billing demand shall be $4.72 per kilowatt.

(3) 

The energy charge shall be as follows:

(a) 

First 100 kilowatt-hours: $11.72.

(b) 

All over 100 kilowatt-hours: $0.059 per kilowatt-hour.

(4) 

The determination of billing demand shall be the maximum fifteen-minute measured demand or as determined by periodic test.

(5) 

Power factor. When the power factor is above or below 85%, multiply the demand by 85% and divide by the actual percent power factor to determine billing demand. For such adjustment, the measured power factor will be taken as not over 90% nor below 50%.

(6) 

Minimum monthly charge. The minimum monthly charge shall be an amount equal to the demand charge plus the customer charge of $7.57 but not less than $110.

G. 

PACE Rate - P Rate.

[Added 12-3-2007 by Ord. No. 1231, approved 12-3-2007;
Editor's Note: This ordinance also provided that the new rate would be applied first to Cycle One electric customers, with electric meters read for billing purposes on or after April 1, 2008 (March use), and for Cycle One electric bills with due dates payable on or after April 1, 2008. The new rate would then be applied in the order the electric meters are read or the electric bills were due thereafter.
amended 12-9-2008 by Ord. No. 12-17, approved 12-9-2008
Editor's Note: This ordinance provided that the purchase power cost adjustment detailed in § 144-31 would apply to this rate class. Ordinance No. 12-17 further provided that the rate class detailed herein would expire with the July 2009 issuance of invoices for June 2009 electric use unless Council readopted said rate; and that, if the rate class detailed herein sunset, those customers in the P rate class would be automatically migrated to the R residential rate class for invoices received in August 2009, for electricity used in July 2009, and all such rules and policies would apply. Per the Borough Secretary, the P Rate was not readopted.
]

(1) 

This rate schedule is available to customers:

(a) 

Located on the Borough's distribution line who desire service for household residential and other ancillary uses in a single-family private dwelling, or in a separately metered electric service in a multifamily apartment house or duplex, including a mobile home as defined by this Code, but not a residential unit with a home occupation as defined by this Code, nor a residential unit with a commercial or retail business co-located; and

(b) 

Who have successfully enrolled in the PACE or PACENET program, or their successor program(s), with the Pennsylvania Department of Aging; and

(c) 

Who have made specific application with the Finance Director for the P Rate; and

(d) 

Where the current customer account does not have a delinquent balance at the time of application for the P Rate.

(2) 

The character of service shall be continuous, alternating current, 60 hertz, single-phase, dual-phase, or three-phase, 120/240 volts.

(3) 

Net monthly rate. The customer's monthly bill shall be the sum of the customer charge and energy charges.

(a) 

Customer charge: $10 per electric meter.

(b) 

Energy charges for individuals that qualify for the P Rate only:

[1] 

Peak energy: each day, Monday through Sunday, 12:00 midnight to 12:59 a.m., and 7:00 a.m. to 11:59 p.m. prevailing local time (18 hours per day): $0.0826 per kilowatt-hour.

[2] 

Off-peak energy: each day, Monday through Sunday, 1:00 a.m. to 6:59 a.m. prevailing local time (six hours per day): $0.0595 per kilowatt-hour.

(4) 

Minimum monthly charge. The minimum monthly charge shall be the customer charge of $10.

(5) 

Setup fee: Each time an account is transferred to or removed from the TOU rate, the account shall be assessed a programming fee of $10.

(6) 

This rate class is incompatible with any other rate class.

(7) 

Customers in the P rate class may still qualify for home energy assistance programs.

§ 144-23 Alternative billing for church, meeting house or place of worship.

[Added 8-5-1985 by Ord. No. 896, approved 8-5-1985]
A. 

Where a demand meter measuring demand at any time, whether on-peak or off-peak, has been installed at a church, meeting house or other regular place of stated worship, the church, meeting house or other regular place of stated worship is hereby authorized to elect to be billed, and upon so electing shall be billed, at 25% of the measured demand shown by such meter. The minimum monthly charge shall be an amount equal to the customer charge for a church, meeting house or other regular place of stated worship electing this option in lieu of installing time-of-day meters otherwise required to implement for churches, meeting houses or other regular places of stated worship, as typical off-peak users, the "off-peak, no charge" provisions (§ 144-22E above) relating to demand charges.

B. 

Any church, meeting house or other regular place of stated worship which begins operation after the effective date of this chapter shall have the same election that is afforded under Subsection A of this section.

§ 144-24 Tampering with meters; violations and penalties.

[Added 7-1-1985 by Ord. No. 895, approved 7-1-1985]
A. 

No person shall tamper with any meter used by the Borough of Middletown to measure electric rates pursuant to § 144-22. For the purposes of this section, "tampering" shall include but not be limited to unauthorized meter removal or load shifting from what would be commercial or industrial use under this chapter to a less expensive use.

[Amended 9-3-1996 by Ord. No. 1090, approved 9-3-1996]

B. 

Any person violating this section shall, upon conviction thereof, be sentenced to make restitution and to pay a fine of not more than $1,000 nor less than $50 and, upon refusal to pay such fine and costs, to undergo imprisonment for not more than 30 days. For the purposes of this section, "restitution" shall be the payment to the Borough of the difference between what would have been charged based on historical usage, absent the tampering, and what was actually charged.

[Amended 7-11-1988 by Ord. No. 972, approved 7-11-1988]

§ 144-25 Budget billing for all residential total electric customers.

[Added 6-14-1971 by Ord. No. 586, approved 6-14-1971]
A. 

Total budget billing will be applicable to residential customers using electric service, in conjunction with other residential uses, as the sole primary method of space heating, water heating, cooking and lighting.

B. 

At the option of the customer, the Borough will make an estimate of the total annual charges under this schedule. A budget bill for approximately 1/12 of such estimate will be rendered monthly. Any adjustment upward or downward will be made on the final bill for the twelve-month period. Payment terms shall apply to budget bills under this schedule.

C. 

The yearly budget period under this method is from July through June.

D. 

Accounts will be reviewed at the end of six months, and necessary adjustment will be made at that time. The final adjustment will be made on the June billing.

E. 

When the initial budget period is less than 12 months, the total charges for that period shall be estimated and divided by the number of full months in that period adjusted to the nearest dollar; this figure shall be the monthly budget payment for the interim period. Upon institution of a mutually agreeable budget program, the failure of the customer to pay any one budget payment shall be cause for termination of the budget account.

§ 144-26 Flat rates or special rates prohibited.

[Added 5-10-1926]

There shall be no flat rates and no special rates granted by the Borough of Middletown to any consumer. All consumers of electric current furnished by the Borough of Middletown shall fall within the provisions of this chapter and shall be charged the rates fixed by this chapter.

§ 144-27 Delinquent bills.

[Added 11-14-1962 by Ord. No. 436, approved 11-15-1962; last amended 6-5-2006 by Ord. No. 1208, approved 6-5-2006]

The purpose of this chapter is to recover delinquent charges from customers. Unpaid electric bills unfairly force increases in rates to good customers. Customers are required to pay for all electric current registered by their electric meters, without exception.

A. 

Electric bills will be due and payable within 15 days of the date billed, in accordance with Article I of Chapter 108, Bills for Borough Services. A late payment penalty of 10% of the amount unpaid will be added to all bills which remain unpaid after the due date.

B. 

At any time after the 27th day following the issuance of the bill, should the account remain delinquent in an amount greater than $50, notice of such delinquency and termination of service will be mailed to the customer at the billing address.

[Amended 11-15-2011 by Ord. No. 1279, approved 11-15-2011
Editor’s Note: This ordinance also repealed former Subsection B, regarding notice of delinquent accounts after the 15th day following the issuance of a bill, and provided for the renumbering of former Subsections C through H as Subsections B through G, respectively.
]

C. 

Throughout all seasons, the same disconnection policy shall apply, except that the Electric Department shall affix a notice of service termination to the service location at least 48 hours prior to service disconnection during the months of October through March.

D. 

At any time after the 38th day following the issuance of the bill, should the account continue to remain delinquent in an amount greater than $50, it shall be the duty of the Electric Department, as herein authorized by the Borough Council, to terminate electric service and to inform the Borough Code Enforcement Office so that a notice of uninhabitable residence can be affixed to service location and all residents referred to sources of alternate habitation.

E. 

Failure of the U.S. Postal Service to deliver any or all of the above referenced notices, or failure to show proof that the Electric Department affixed a termination notice at the service location, does not constitute grounds for continuation of service for a delinquent account.

F. 

Medical extension:

(1) 

Each service customer may request a one-time thirty-day extension of termination of electric service at the service location. This request must be submitted as follows:

(a) 

Application for extension shall be submitted on a form provided by the Finance Director;

(b) 

Application for extension shall be submitted within 15 days of issuance of the bill for which an extension is requested, prior to the account becoming delinquent; and

(c) 

Documentation shall be provided to show that a permanent Borough resident at the service location, as identified on the Borough tax rolls, uses life support equipment which requires electric current. This documentation shall be provided by a medical physician, licensed by the commonwealth, who shall sign and attest to such on said application.

(2) 

The Borough Manager may grant a one-time-per-customer additional 30 days from the issuance of the Final Termination of Service notice.

G. 

In the event that the electric service is discontinued for nonpayment, the same will be reconnected upon payment of all amounts due, plus late penalty, along with a reconnection charge of $60. In addition, a security deposit shall be required. Payment shall be made to the Borough no later than 3:00 p.m. on a regular Borough working day. No service disconnected for delinquency will be reconnected after 3:00 p.m. on regular Borough working days, or on Saturdays, Sundays or Borough holidays.

§ 144-28 Yard lighting.

[Added 9-13-1965 by Ord. No. 491, approved 9-13-1965]
A. 

The Borough of Middletown will install yard lighting for property owners only upon the conditions that the owner shall request the same in writing to the Borough of Middletown and shall sign an initial contract agreeing to the services for a period of three years from the date of the execution of the agreement.

B. 

The Borough of Middletown will furnish the yard lighting hereinbefore referred to in Subsection A for a monthly charge or fee of $8.61 in addition to all other charges made by the Borough for electrical services to the property owner's residence.

[Amended 11-19-1982 by Ord. No. 762, approved 11-19-1982; 12-14-1982 by Ord. No. 808, approved 12-14-1982; 1-3-2000 by Ord. No. 1126, approved 1-3-2000; 12-3-2001 by ord. No. 1142, approved 12-3-2001]

C. 

For the yard lighting, the Borough of Middletown will furnish to the property owner the complete fixture for said service, and the fixture shall be and remain the property of the Borough of Middletown and may be removed at any time by the Borough, either on termination of the service or at the request of the property owner or for nonpayment of the service. The Borough of Middletown will furnish all labor and material to install the fixture at no charge or cost to the property owner. The Borough further agrees to furnish all labor, bulbs and other material to keep the fixture in an operating condition and will make changes or provide such services as may be necessary, upon notice from the property owner. The fixture to be installed under the yard lighting agreement shall be at least a one-hundred-seventy-five-watt mercury lamp with automatic electric eye to ensure its operability during the hours of darkness.

D. 

The fixture hereinbefore referred to in Subsection C shall be installed on a light pole of the Borough of Middletown or on a Bell Telephone pole, or the property owner may furnish a wooden pole which meets Borough specifications, and will be placed at the location to be determined by the Borough of Middletown. The costs of the pole and the wiring on private property shall be paid by the property owner and shall be to such specifications as the Borough may direct. The cost of installing the fixture on the pole shall be paid for by the Borough. No fixture of any kind or nature shall be installed on any buildings of the property owner, but shall only be installed on such poles as shall be either presently installed or installed by the property owner or by the Borough.

§ 144-29 Fee for connection after working hours.

[Added 12-11-1967 by Ord. No. 525, approved 12-11-1967; amended 9-10-1973 by Ord. No. 632, approved 9-10-1973; 11-19-1979 by Ord. No. 762, approved 11-19-1979; 8-4-1986 by Ord. No. 919, approved 8-4-1986]
A. 

Whenever a new applicant or present customer, excluding those customers who are delinquent, makes application for electric service in the Borough of Middletown and requests that said service be connected at any time other than at regularly scheduled working hours of the Electric Department of the Borough of Middletown, a connection fee equal to the actual costs incurred by the Borough to connect such service, plus an administrative overhead, must be paid by said customer or applicant, prior to turning on of said electric service.

B. 

"Actual costs" under this subsection shall be defined as compensation paid to the highest ranking employee of the Municipal Electric Division.

§ 144-30 Failure of meter to register correctly.

[Added 11-19-1979 by Ord. No. 762, approved 11-19-1979]
A. 

In the event that the Borough's meter or metering equipment fails to properly register the electricity supplied during any month or other period of time, the Borough will estimate the number of kilowatt-hours or the kilowatt-hours and the demand of the electricity supplied during such period, having due regard for the use to which the customer put the electricity supplied to him during such period and any other information and data permitting a reasonable conclusion as to the kilowatt-hours and demand of electricity supplied but not measured or inaccurately measured. The customer may present any information or data within his knowledge on the subject. If the Borough has undercharged the customer as the result of a meter or metering inaccuracy or other continuing problem under its control, the Borough will only bill the customer for the amount of unmetered electricity rendered in the 365 days immediately prior to the date the Borough remedies the meter inaccuracy. The customer shall be given at least 12 months to pay the undercharged amount if he so desires, in monthly payments equal to 1/12 of the undercharge. The Borough shall continue to furnish service to the customer and the customer shall continue to pay the amounts billed pending the determination of a proper and reasonable adjustment.

B. 

The Borough will test the accuracy of its meter serving the premises of any user who shall request such test and make a deposit of $40. Such deposit shall stand as security in the event that the costs of such tests shall be borne by the customer as herein provided, and appropriate refund may be made accordingly at the completion of such tests if or to the extent that the costs are not imposed upon the customer. Meters or metering equipment shall be considered accurate if they register within 3% fast or 3% slow. Whenever a meter or metering equipment is found to be inaccurate, it or they shall be restored to accuracy or shall be replaced by the Borough with an accurate meter or metering equipment without expense to the customer. If a customer notified the Borough that his meter or metering equipment is inaccurate and subsequent tests show the meter or metering equipment to be within the 3% fast or slow tolerance, the costs of such tests shall be borne by the customer.

[Amended 7-1-1996 by Ord. No. 1087, approved 7-1-1996]

§ 144-31 Purchase power cost adjustment.

[Added 9-20-2006 by Ord. No. 1214,
Editor's Note: This ordinance provided that the new residential customer charge, new residential rate, and the PPCA, for all classes of service, would be applied first to Cycle Two electric customers, with electric meters read for billing purposes on or after 10-2-2006 (September use) and for electric bills due and payable on or after 10-23-2006. The new rate would then be applied as electric meters were read or electric bills were due thereafter.
approved 9-20-2006; 12-8-2009 by Ord. No. 1263, approved 12-8-2009; 4-13-2010 by Ord. No. 1265, approved 4-13-2010; 7-13-2010 by Ord. No. 1267, approved 7-16-2010; 12-14-2010 by Ord. No. 1273, approved 12-14-2010]
A. 

Each electric service bill shall also include a positive or a negative purchased power cost adjustment (PPCA) factor to reflect the changes in the Borough's actual purchased power cost. The PPCA shall be applied to each kilowatt-hour (kwh) supplied under all rate schedules as adopted in this chapter. This adjustment determined to the nearest 0.01 mill in accordance with the formula set forth below shall be applied to all kilowatt-hours supplied during the billing period. A copy of the formula spreadsheet must be made available for public inspection, during regular office hours, in the Borough's Finance Department.

B. 

The PPCA formula is calculated as the percent change between the wholesale cost, per kwh, from the Borough's wholesale supplier of energy for the base month of January 2005, as that base is divided by 1.0667, and the wholesale cost, per kwh, as reported by the Borough's current wholesale supplier of energy, for the thirty-day period covered by each retail electric invoice. The percent change between the base month and the current time period is the percent, in the form of mills per kwh, by which each retail kwh sold shall be adjusted.

C. 

Residential cap on PPCA. The purchase power cost adjustment formula shall not result in an increase in rates more than $0.0550 per kwh above the wholesale all-inclusive cost of electricity to the Borough, beginning with Cycle three bills in March 2011 and ending with Cycle two bills in June 2011. The foregoing residential cap on PPCA may be extended to such date(s) as directed by further resolution of the Borough Council.

[Amended 3-8-2011 by Ord. No. 1278, approved 3-8-2011]