Borough of Ephrata, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 1-9-1995 by Ord. No. 1261. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 152.
Poles and wires — See Ch. 239.

§ 165-1 Definitions and word usage.

A. 
Unless otherwise provided herein, the singular shall include the plural and the masculine shall include feminine and the neuter.
B. 
For purposes of this chapter, the following terms and phrases shall have the meanings set forth as follows:
AGENCY
Any federal, state or other regulatory entity having lawful jurisdiction that regulates the operation of a public power supplier.
[Added 12-12-2011 by Ord. No. 1481[1]]
AUXILIARY SERVICE
That electric service which supplements another customer source of supply where arrangements are made so that either one or both sources can be utilized in whole or in part. In no case may such customer source of supply be interconnected with service supplied by the Electric Division.
BOROUGH
The Borough of Ephrata, Lancaster County, Pennsylvania.
CONTRACT FOR SERVICE
The provision of electrical service by the Borough of Ephrata and the acceptance of that service by any customer shall constitute an agreement between the Borough and the customer to be bound by the laws, rules and regulations of the Borough which regulate the provision of electric service.
CUSTOMER
The owner of a property and any person who shall receive electric light and/or power services from the Borough of Ephrata to that property; the applicant for electric light and/or power services from the Borough of Ephrata.
[Amended 12-12-2011 by Ord. No. 1481]
CUSTOMER-OWNED GENERATION
An electric-generating system that uses one or more of the following fuels or energy sources: hydrogen, biomass, solar energy, geothermal energy, wind energy or waste heat, rated at not greater than 100 kilowatts (kW) alternating current (AC) power output and is primarily intended to offset part or all of the customer's current electric requirements.
[Added 9-14-2010 by Ord. No. 1464; amended 12-12-2011 by Ord. No. 1481]
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking, sleeping and sanitary facilities.
ELECTRICAL CODE
The National Electric Code, as amended from time to time, or other such code as adopted by the Council of the Borough of Ephrata.
ELECTRIC DIVISION
The employees, agents and representatives of the Borough of Ephrata authorized by the Council of the Borough of Ephrata to provide electrical service to any customer and to otherwise enforce the provisions of this chapter.
ELECTRIC DIVISION DISTRIBUTION LINE
An overhead or underground electric line, supplying either primary or secondary voltage, located on a roadway or right-of-way acquired by the Division and used or which is usable as part of the Division's general electric supply system.
ELECTRIC SERVICE
The supply of alternating current at 60 hertz delivered at the Electric Division's standard voltages, as defined by the Electric Division from time to time, in such quantities sufficient to supply the customer's maximum requirements, based upon the customer's advice to the Electric Division, whether or not the customer makes any use of the service.[2]
GOOD CREDIT HISTORY
The history of a user who has not had a delinquent bill payment during the most recent thirty-consecutive-month period.
[Added 11-8-2010 by Ord. No. 1466]
NONRESIDENTIAL SERVICE
Electric service for any general use purpose other than residential service.
PERSON
Any natural person, firm, association, partnership or corporation.
POINT OF DELIVERY
The single point at which the Electric Division's service line terminates and the customer's facilities for receiving the service begins.
RESIDENTIAL SERVICE
That electric service supplied to an individual dwelling unit, including a single-family dwelling, mobile home or an individually metered apartment, where there is not more than 2,500 watts connected load associated with a commercial activity served as part of the dwelling unit.
SERVICE LINE
That electrical supply line that connects the Electric Division's distribution facilities to the customer's point of delivery.
SPECIAL FACILITIES
Any line or equipment, the cost of which shall be paid for by the customer, necessary to meet any peculiar requirements of the customer for service at other than standard voltages.
STANDBY SERVICE
Service which can be used for reserve in case of an emergency, breakdown or failure of the customer's regular source of supply.
[1]
Editor's Note: This ordinance also revised all occurrences of the term "Electric Department" to "Electric Division"; all occurrences of "KWH" to kWh"; and all occurrences of "KW" to "kW."
[2]
Editor's Note: The former definition for “fuel adjustment charge,” which immediately followed this definition, was repealed 3-15-2004 by Ord. No. 1376.

§ 165-2 Conditions for service.

A. 
Conditions precedent to furnishing electric service. Compliance with all provisions of this chapter shall be conditions precedent to the furnishing of electric service by the Borough to a customer.
B. 
Contract for services. The use of electric service supplied by the Borough shall be deemed a request by the customer (including the owner of the property and the tenant or leasee of the premises) for electric service and an acceptance by the customer of all rules, regulations, rate schedules, terms, conditions and provisions of this chapter.
C. 
Service not transferable. No electric service is transferable. In every instance, the new occupant or occupants of a property shall make application for service at the Borough office in the form required.
D. 
Failure to comply. Failure of any customer to comply with any of the provisions of this chapter shall be deemed a breach of conditions precedent to the furnishing of electric service, and the Borough, upon notice, may discontinue said service and remove any or all Borough property from the premises of the customer in default.
E. 
Liability of owner of leased premises. Pursuant to the laws of the Commonwealth of Pennsylvania, the owner(s) of real property shall be liable along with the tenant/lessee for the payment for electric service supplied to the leased premises on the property served with electricity and for all damages arising out of the lessee's misuse of electric service and/or equipment. All costs for electric service to the leased premises on the property or arising from the failure to pay for electric service to the leased premises on the property and for all damages arising out of the lessee's misuse of electric service and/or equipment may be:
[Amended 12-12-2011 by Ord. No. 1481]
(1) 
Collected from the lessee and the owner of the leased premises; or
(2) 
Liened on the real property of the owner of the leased premises as a municipal claim regardless of whether or not electric service was supplied to a building or structure located on the leased premises but not owned by the owner of leased premises.
F. 
All fees or other charges required to be paid in connection with the issuance of inspection certifications shall be paid by the applicant.
[Added 12-12-2011 by Ord. No. 1481]
G. 
Upon the written request of an applicant for electric service, Council may alter or waive the rules and regulations of this § 165-2.
[Added 12-12-2011 by Ord. No. 1481]

§ 165-3 Service application.

A. 
Special requirements agreement. Each applicant for electric service involving special facilities or equipment shall be required to complete and execute an agreement identifying all special requirements of the applicant's installation or use of electricity and agreeing to comply with the conditions of service and such other requirements as may be deemed by the Borough Electric Division to be reasonably necessary for safe and efficient electric service.
B. 
Right to reject application. The Borough reserves the right to reject any application for service for any reason, including but not limited to those instances where such service is not available under a standard rate schedule or where such service would otherwise require excessive service or installation costs or where such service may adversely affect the level of service to other customers.
C. 
By accepting electric service, the applicant agrees to and accepts all the terms and conditions for electric service as set forth in this chapter and assumes all associated liabilities and risks whether or not such special requirements agreement is executed.
[Added 12-12-2011 by Ord. No. 1481]

§ 165-4 Description of service.

A. 
Service supplied. Electric service supplied by the Borough Electric Division will be 60 hertz alternating current delivered at the following standard voltages:
(1) 
Single-phase: one hundred twenty/two hundred forty (120/240).
[Amended 12-12-2011 by Ord. No. 1481]
(2) 
Three-phase: one hundred twenty/two hundred forty (120/240); one hundred twenty/two hundred eight (120/208); two hundred seventy-seven/four hundred eighty (277/480).
(3) 
Primary service: supplied at nominal voltages of 12,470 volts.
B. 
Available service. Prior to the purchase of service or the installation of any electrical equipment, the customer is responsible to secure from the Electric Division a written confirmation of the type of electrical service available to the customer.
C. 
Service supply. The Borough does not guarantee that it will provide a continuous supply of electric energy but will employ its best efforts to supply electric energy in such a manner as to maintain voltage and frequency within reasonable limits. The Borough shall not be liable for any damage, direct or consequential, which the customer may sustain by reason of either the failure of supply or variation in voltage characteristics or phase reversal.
D. 
Service installation. All electric service facilities of the customer shall be installed and maintained in accordance with the Electrical Code adopted by the Borough.
[Amended 3-15-2004 by Ord. No. 1376]
(1) 
The Borough will not connect electric service or facilities to a structure or building (or major alteration of a structure or building) which has new wiring unless the installation has been inspected and approved by an electrical inspector certified by the Pennsylvania Department of Labor and Industry.
(2) 
No person or organization shall occupy any dwelling or building within the Borough unless electric service is furnished in accordance with the Borough's standard requirements for electric service.
E. 
Easement and right-of-way. Prior to any installation of electric service by the Borough, the property owner shall provide at no expense to the Borough suitable easements and/or rights-of-way for all said installations. In addition, all such easements and/or rights-of-way shall be suitably improved to accommodate the installation. Improvements shall include but are not limited to rough grading and ground line clearing of trees, brush or any other obstructions as may be identified by the Borough.
F. 
Borough access to customer premises. The Borough Electric Division, through its officers, employees or authorized agents, shall have the right of access to any customer's premises at all reasonable hours for the purpose of reading, inspecting, testing, repairing or removing its meters or other property and to inspect and determine the connected service load. No person shall interfere in any manner with any such officer, employee or authorized agent while in the performance of his or her duties or exercising his or her authority under this chapter.
G. 
New service. The installation of any new service or service provided to new construction will not be provided unless and until advance payment of a fee for all costs is made by the customer to the Borough. Borough costs shall include but are not limited to installation, removal of materials, labor and metering equipment. Fees for said costs shall be established from time to time by resolution of the Borough Council.[1]
[1]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.
H. 
Use of electric service. Electric service is provided solely through the Borough's electric meters to the customer for use on customer owned or rented/leased premises. No customer may resell any electric service provided by the Borough or install any unauthorized metering system.
I. 
Change of service. The Electric Division's facilities have a definite capacity at the customer location. No additions to the customer's installation shall be made unless a written application has been made to the Borough and the Borough has approved all proposed changes or additions to service. The customer shall be responsible for all damages to Borough facilities and equipment which result from a violation of this section.
J. 
Auxiliary or standby service. The rate schedule charges contained herein are based upon the customer purchasing all electric energy requirements from the Borough. The rate schedule charges do not apply when the service is used for auxiliary or standby service. In the event that a customer desires auxiliary or standby service, it shall be the customer's responsibility to notify the Borough, in writing, of such use and to obtain, if the use is permitted, the applicable conditions for such use.
K. 
All changes to electric service by any agency not operated by or within the control of the Borough on the delivery point side of electric service will be billed to the customer.
[Added 12-12-2011 by Ord. No. 1481]

§ 165-5 Billing and payment for electric service.

A. 
Billing period. All bills are rendered monthly or, at the Borough's option, at other regular intervals for electric service supplied during the preceding period (approximately 30 days).
B. 
Penalty for late payment or insufficient funds. A penalty charge of 5% for late payment of the current month shall be added to any bill which is not paid in full for electric service by the due date (approximately 20 days after a bill is rendered). A penalty of 1% will be applied for each additional month the payment is not received. Subsequent bills and late charges shall be calculated separately. A penalty fee will be added to the account of any customer whenever a check is returned to the Borough unpaid by a customer's financial institution. The penalty fee shall be established from time to time by resolution of the Borough Council.[1]
[Amended 12-10-2007 by Ord. No. 1438; 11-8-2010 by Ord. No. 1466]
[1]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.
C. 
Security deposit for residential service. A security deposit shall be established in an amount set from time to time by resolution of the Borough Council and shall be required where the customer is not the owner of the premises to which the electrical service is supplied. A security deposit shall be waived if the customer has established a good credit history, as defined herein. If the customer is delinquent in payment of his or her bill at any time he or she may be required to pay a deposit. The security deposit shall be applied to the customer’s account at the expiration of 30 months during which the customer has maintained a good credit history. The balance of any security deposit (less any outstanding charges and fees) held by the Borough shall be returned to a customer vacating a premises. Security deposits may be transferred from one account to another if all prior account’s bills and invoices have been paid in full.
[Amended 11-8-2010 by Ord. No. 1466]
D. 
Security deposit for commercial and industrial service. A security deposit shall be required in an amount equal to two months of estimated service for all new commercial and industrial services. At the request of the customer, the security deposit shall be returned to the customer at the expiration of 30 consecutive months of good credit history. The balance of any security deposit (less any outstanding charges and fees) held by the Borough shall be returned to a customer vacating a premises. Security deposits may not be transferred from one account to another unless all prior account's bills and invoices have been paid in full.
[Amended 11-8-2010 by Ord. No. 1466; 12-12-2011 by Ord. No. 1481]
E. 
Security deposit for temporary service. Security deposits are required for all temporary services or construction services to cover the costs of connection and disconnection. Security deposit fees shall be established from time to time by resolution of the Borough Council. The balance of any security deposit (less any outstanding charges and fees) held by the Borough shall be returned to a customer upon the discontinuation of the temporary service.
F. 
Disputed bill. When the customer provides a written dispute for any part of his or her bill to the Borough setting forth in detail the basis for his or her claim or his or her challenge to the Borough's right to disconnect as set forth in § 165-6A herein, the customer shall pay the bill in full and said payment shall be received under protest. The Borough shall promptly investigate the dispute and in any event shall either resolve the dispute or issue a status report to the customer within 15 days from the date of payment.
G. 
Customer liability for account balance, costs and fees. In the event an outstanding account balance is in the process of collection through a collection agency or by other legal action, or a lien on the real property of the owner has been filed as a municipal claim, the customer shall pay the unpaid account balance, collection fees and attorney fees together with all associated court costs.
[Added 12-12-2011 by Ord. No. 1481]
H. 
Budget billing. The Borough offers a budget billing program to any customer that has established a good credit history for a period of not less than 12 consecutive months immediately preceding the commencement of the budget billing program. The budget amount shall be a predetermined monthly average of utility services based on the customer's billing history.
[Added 12-12-2011 by Ord. No. 1481]
I. 
All payments shall be applied first to delinquent charges and then to current charges. The Borough may transfer a customer's balance from an inactive account to an active account.
[Added 12-12-2011 by Ord. No. 1481]

§ 165-6 Disconnection and reconnection.

A. 
Disconnection. The Electric Division may disconnect electric service to a customer for any of the following reasons:
(1) 
The written request of the customer to the Borough.
(2) 
Failure to pay any bill for electric service within 45 days of the date the bill was rendered.
(3) 
Failure to pay in full any required security deposit within 45 days of the date demand for said payment was rendered by the Borough.
(4) 
Whenever, in the judgment of the Electric Division, the customer's installation has become dangerous or defective.
(5) 
Whenever, in the judgment of the Electric Division, the customer's service wires have been altered, tampered with or otherwise interfered with by the customer.
(6) 
Electric energy is being used which is not registering on the authorized meter.
(7) 
Failure to permit access to meters, service connection(s) or those portions of the property required for electric inspection, monitoring and metering.
[Added 12-12-2011 by Ord. No. 1481[1]]
[1]
Editor's Note: This ordinance also renumbered original Subsection A(7) as Subsection A(8).
(8) 
The customer violates any provision of this chapter.
B. 
Disconnection procedure. Except in an emergency or in order to protect life or property, the following procedures will be followed by the Electric Division prior to the disconnection of electric service:
(1) 
The regular billing of the customer shall set forth the date upon which the account is due and payable.
(2) 
When payment is not received by the stated due date, a delinquent notice shall be mailed to the customer within 25 days thereafter which states:
(a) 
The total amount in arrears (including any late charges).
(b) 
The date by which the arrearage must either be paid or, in lieu thereof, the date service is to be disconnected (the termination date may not be less than 10 days from the date of the delinquent notice).
(3) 
Whenever the customer is not the property owner, a copy of the delinquent notice set forth in Subsection B(2) may be mailed to the record owner or owners of the premises.
(4) 
Except in an emergency or in order to protect life or property, the Borough will not disconnect electric service for nonpayment of charges on:
(a) 
Friday, Saturday or Sunday.
(b) 
A Borough holiday, a bank holiday or the day before a Borough or a bank holiday.
[Amended 12-12-2011 by Ord. No. 1481]
C. 
Exceptions to disconnection procedures. Nonpayment shall not be cause for discontinuance of service under the following instances:
(1) 
When a customer demonstrates a present inability to pay an outstanding bill in full but pays a reasonable portion of the outstanding amount due, agrees to pay all future bills for service as they become due and agrees to pay a portion of the outstanding arrearage (together with any interest which may be assessed) in installments until said outstanding balance is fully paid. In the event that the customer fails to comply with the provisions of this subsection, the Borough shall issue a disconnect notice pursuant to Subsection B herein.
(2) 
When the Borough is in receipt of a written certification from a physician licensed to practice in the Commonwealth of Pennsylvania stating that the customer or a member of the customer's household residing in the household receiving electric service is seriously ill or afflicted with a medical condition or disability and that the nature of the illness, condition or disability, together with its likely duration, are such that said medical condition will be aggravated in the event that electrical service is disconnected.
[Amended 12-12-2011 by Ord. No. 1481; 8-13-2012 by Ord. No. 1485]
(a) 
The written certification shall be completed on a medical certification form provided by the Borough, signed by a physician licensed to practice in the Commonwealth of Pennsylvania verifying the medical condition and stating its likely duration.
(b) 
No such medical certification shall be effective for purposes of abatement of disconnection for a period exceeding 60 days from the date of such medical certification, which sixty-day period shall be the sum of the thirty-day notice periods set forth in Subsection C(2)(c) and (d) hereinbelow.
(c) 
In the event the customer's account is 90 days past due, a customer with a medical certification shall be given written notice to pay all outstanding past due balances within 30 days from the date of said notice to avoid disconnection.
(d) 
In the event the customer's outstanding past due balance is not paid in full within the thirty-day period set forth in Subsection C(2)(c) hereinabove, the customer with a certification shall be given written notice that service shall be disconnected on the 30th day following the date of said notice.
(e) 
No restoration or abatement of termination of electric service occasioned by the emergency medical exception certification set forth hereinabove shall relieve or forgive any obligation of the customer to pay in full all accrued charges and penalties for electric services.
(f) 
Upon the payment of all applicable arrearages, the customer shall be eligible to file a new medical certification.
(g) 
Upon the expiration of the initial and any renewal certifications, and provided that the original grounds for termination remain, the Borough may terminate service without additional written notice to the customer in those cases where notice of termination had previously been mailed or delivered pursuant to the notice requirements of this chapter.
D. 
Disconnection without notice. The Borough may disconnect the supply of electric services to any customer without notice for any of the following reasons:
(1) 
Willful misrepresentation as to the use or class of electric service.
(2) 
Whenever the customer's equipment or wiring or the Borough's equipment or lines are creating or are contributing to an imminently dangerous or hazardous condition.
(3) 
Tampering with any service wires, meter, seal or any other facilities belonging to the Borough.
(4) 
Repairs or emergency maintenance of Borough facilities.
(5) 
Unavoidable power shortages, low primary voltage or interruption of the Borough's source of power.
(6) 
To protect the Borough from theft, fraud or other misuse of its facilities.
(7) 
The vacating of the premises by a customer who is delinquent in payment of his or her account.
(8) 
An unauthorized electrical connection.
(9) 
The use of equipment which adversely affects the Borough's service to other customers.
E. 
Effect of disconnection upon customer responsibilities. The disconnection of service by the Borough shall not relieve the customer of any duty or liability for services provided by the Borough.
F. 
Reconnection. No electric service shall be reconnected unless and until all account balances have been settled in full, or the customer meets the criteria established under Subsection C(1), (exceptions to disconnection procedures). The owner(s) of the property to which service has been provided shall remain liable for all account balances, whether or not the account is or was in the owner's name or in the name of the owner's tenant. Pursuant to the laws of the Commonwealth of Pennsylvania, the Borough shall lien the real property to which service has been provided as a municipal claim in those instances where demand for payment has been made and such payment has remained unpaid.
[Amended 12-12-2011 by Ord. No. 1481]
G. 
Reconnection fee. No electric service shall be reconnected unless a reconnection fee has been paid. The reconnection fee shall be established from time to time by resolution of the Borough Council.[2] When service is disconnected other than at the meter the actual cost to reconnect shall be charged to the customer as the reconnection charge.
[Amended 12-12-2011 by Ord. No. 1481]
[2]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.
H. 
In order to avoid unnecessary terminations of service and to protect public health and safety, residential customers, upon written request, may designate and authorize a representative individual or entity to be sent a duplicate copy of all reminder notices, past due notices, delinquent account notices or termination notices issued by the Borough. All notices to such representative shall serve as notice to the customer.
[Added 12-12-2011 by Ord. No. 1481]

§ 165-7 Electrical equipment and facilities.

A. 
Meter reading intervals. Meters shall be read at regular intervals of approximately 30 days.
[Amended 4-8-1996 by Ord. No. 1279]
B. 
Omitted readings; estimated billing. Whenever a scheduled reading of meters is not obtained, the Borough shall estimate the amount of service supplied and issue an estimated bill. Any necessary adjustment to an account will be made on the next bill rendered for service. Payment of an estimated bill shall be made in the same manner and under the same requirements as bills derived from meter readings.
C. 
Customers reading meters. Customers who are responsible for reading their own meters as of November 8, 2010, will be grandfathered into the card account billing cycle and may continue to submit readings each month. The Borough shall annually verify the meter reading. No new card accounts will be permitted after November 8, 2010, except where access to an existing meter that is enclosed by an existing porch enclosure is no longer accessible, or where a customer erects a lawful fence that encloses the meter and restricts access to the meter.
[Added 11-8-2010 by Ord. No. 1466[1]; amended 12-12-2011 by Ord. No. 1481]
(1) 
The failure of a customer to provide access to a meter(s) after notice of a meter reading has been given by the Borough shall result in a fine and/or termination of electric service.
(2) 
A penalty of $25 shall be assessed for the failure of a customer to provide access to a meter(s) after an initial notice of a meter reading has been given by the Borough.
(3) 
Electric service shall be terminated for the failure of a customer to provide access to a meter(s) after a second or subsequent notice of a meter reading has been given by the Borough.
[1]
Editor’s Note: "This ordinance" refers to Ord. No. 1466, adopted 11-8-2010.
D. 
Service installation standards. Service installations, including service for customer-owned substations, shall be provided in accordance with the standards and requirements of the Electrical Code adopted by the Borough.
E. 
Point of delivery. The point of delivery of electrical service is that point designated by the Electric Division where it connects its electrical conductors to the customer's service entrance facilities. The customer shall request from the Electric Division the location of the point of delivery prior to commencing any electrical installation. The Borough shall not be responsible for any work done by the customer to accommodate a point of delivery other than that determined by the Division.
F. 
Wiring and electrical equipment. All wiring and electrical equipment (including service for customer-owned substations) shall be installed and maintained by the customer to meet, at a minimum, the standards and requirements of the Electrical Code adopted by the Borough. Compliance with the Code neither guarantees that an adequate wiring system has been installed nor that the installation can be expanded for additional uses of electricity.
G. 
New wiring and major wiring alterations. In all buildings where the wiring is new or where a major alteration of wiring has been made, the Electric Division will not furnish service unless and until the installation conforms to the Electrical Code adopted by the Borough and a certificate of approval has been issued by a fire underwriter's association authorized to do business in the Commonwealth of Pennsylvania. The Borough is not responsible for any injury or damage which may result from defects in wiring or devices on the customer's premises upon connection of the customer's wires to the Borough's system.
H. 
Meters, transformers and other equipment. For each electric service, the Electric Division shall furnish, own and maintain one meter or a unified set of meters and metering equipment that have provisions for automated meter reading. A residential service customer may apply for a waiver from automated reading and have it read manually. Upon approval by the Electric Division, the Electric Division shall furnish, own and maintain an electric meter capable of being read manually. Customers choosing to have their meter read manually shall pay a one-time manual meter setup fee and a recurring monthly manual meter reading fee, such fees to be established from time to time by resolution of the Borough of Ephrata. It is the responsibility of the customer to provide, at the customer's expense, suitable space for the installation and use of the Division's metering and transforming equipment. The customer shall permit no person other than a properly identified Borough employee or agent to remove, inspect or alter such equipment. In the event that any Borough equipment is damaged, destroyed, altered or otherwise prevented from properly registering the energy supplied to the customer due to the act, failure to act or negligence of the customer or by any unauthorized person, the costs of all necessary repairs, replacement of equipment, together with the reasonable costs of investigation to determine the amount of energy not registered, and an estimate of the energy not registered shall be paid by the customer.
[Amended 5-8-2017 by Ord. No. 1531]
I. 
Ownership of equipment. All equipment furnished by the Division shall remain the exclusive property of the Borough which shall have the right to remove all said equipment after termination of service for any reason.
J. 
Installed special facilities. All special facilities installed by the Electric Division at the customer's request and not provided for in a standard installation shall be paid by or leased to the customer for whom such facilities are furnished. No special facilities will be installed unless and until approval for all said facilities is given by the Division.
K. 
Single-phase service. The Electric Division reserves the right to restrict the types of loads connected to a single-phase service and may require loads deemed objectionable by the Division to be removed from the customer's system.
L. 
Meter testing. The Department shall not be required to test its three-phase meters more than once within an eight-year period. The customer may request the Division to test a meter upon payment of a fee established by resolution of the Borough Council.[2] The fee shall be retained by the Borough whenever the accuracy of the meter is determined to be within the limits of plus or minus 2%. Whenever the accuracy of the meter is determined to be outside the limits of plus or minus 2%, the Division shall repair the meter, refund the fee and adjust the customer's account accordingly.
[2]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.
M. 
Extension of distribution lines. The Department shall construct, own and maintain all line extensions and shall provide up to 250 feet of line extension along a public street at its sole cost and expense. When the revenue generated from a service justifies a line extension in excess of 250 feet but not more than 1,000 feet, the costs of said extension shall be at the Borough's expense. The Borough will install such extension based upon an estimate of revenues generated. The customer may be required to furnish a surety bond or other form of security to guarantee the cost recovery of any such line installed by the Division in the event that the revenues generated are insufficient to justify the expense of the extension.
N. 
Extension of service lines. The Electric Division will extend service lines, overhead or underground, on private property for a distance of not more than 150 feet at no cost to the customer. Any customer whose service line or lines exceed 150 feet will be required to make a nonrefundable payment for the estimated excess costs for that portion of said extension which exceeds 150 feet.
O. 
Customer constructed service line. Any service line constructed by the customer must conform to the Electric Division's standards and specifications. All such lines will be inspected for such compliance prior to any connection to the Borough system.
P. 
Undergrounding of facilities. At the request of the customer, the Division may determine the practicality and costs of providing underground service to that customer. When the Division agrees to install such service, the customer shall, prior to any installation, pay to the Borough all costs in excess of the costs which would be incurred for normal overhead service.
Q. 
Emergency load control. A load emergency shall exist whenever the demands for power on all or on a portion of the Borough's electric system exceed or threaten to exceed system capacity or whenever system instability could result in expected or actual system overloads. In such an event, the Division shall take such reasonable steps under the circumstances to control the load upon the system. Such measures may include but are not limited to the reduction or interruption of electrical service to one or more customers.
R. 
Pole removal and/or relocation. The costs of pole removal and/or relocation by the Borough shall be the responsibility of the property owner or customer requesting such work. The customer shall pay such costs to the Borough for the removal and/or relocation of any pole.
[Amended 12-12-2011 by Ord. No. 1481]
S. 
Agreement for services and/or facilities. No promises, agreements or representations of any Borough employee, agent or representative shall be binding upon the Borough unless expressly authorized by this chapter or otherwise incorporated in a written contract for electric service.
T. 
Customer service calls.
[Added 12-12-2011 by Ord. No. 1481]
(1) 
The Borough maintains a service division to advise and assist in resolving customers' electrical problems. The work is confined to the restoration of service and the isolation of faulty circuits or equipment. The customer will be advised of any further work required by a private vendor.
(2) 
The costs for service requested other than during Electric Division normal business hours shall be billed to the customer when the service worker's report reveals that Borough equipment was not the cause of the reported problem and that such problem was solely the result of the customer's installation.

§ 165-8 Residential service rates.

[Amended 4-8-1996 by Ord. No. 1279; 3-15-2004 by Ord. No. 1376; 12-10-2007 by Ord. No. 1438]
A. 
Application of rate schedule for all residential service (RS) and residential borderline (BL). The rate schedule for all single-phase and three-phase residential service when supplied in accordance with the use provisions as set forth in Subsection A(3) below is hereby established as follows:
[Amended 1-12-2009 by Ord. No. 1449; 12-8-2014 by Ord. No. 1512]
(1) 
Monthly rate. The monthly customer charge shall be $12 for single-phase residential customers, $25.85 for single-phase residential borderline customers, plus, if applicable, $15.75 for three-phase service plus:
(a) 
Energy charge: $0.0865 per kWh.
(b) 
Distribution charges:
[1] 
First 300 kWh: $0.0390 per kWh.
[2] 
Next 700 kWh: $0.0240 per kWh.
[3] 
Over 1,000 kWh: $0.0190 per kWh.
(c) 
PCA in accordance with the provisions of § 165-12.
(2) 
Minimum charge. The minimum monthly charge shall be $12 for single-phase residential customers, $25.85 for single-phase residential borderline customers, plus, if applicable, $15.75 for three-phase service.
(3) 
Use provisions. The rate schedule set forth in Subsection A(1) above shall apply to sixty-hertz, single-phase service for the following uses and no other:
(a) 
A single-family dwelling unit and its customary appurtenances.
(b) 
A single-family dwelling unit in a multiunit building.
(c) 
A family of persons who unite to establish a common dwelling place.
(d) 
A temporary dwelling unit with installed cooking facilities.
(e) 
A single farm dwelling and customary farm uses.
(4) 
Exceptions to rate schedule. The rate schedule set forth in Subsection A(1) above shall not apply to:
(a) 
Any residential service that includes more than 2,500 watts of connected load attributable to professional or commercial use exclusive of heating and cooling facilities in common with the building.
(b) 
Any service deemed to be professional or commercial in nature by the Electric Division.
(c) 
Welding apparatus, electric furnaces or motors greater than one horsepower.
(d) 
Electric water heaters served hereunder which, when connected, exceed more than 5,500 watts when operated at any one time.

§ 165-9 General, commercial and industrial service rates.

A. 
Application of rate schedule for general service (GS). The rate schedule for single-phase or three-phase commercial or industrial service when supplied at secondary voltage and when supplied in accordance with the use provisions as set forth in Subsection A(3) below is hereby established as follows:
[Amended 3-15-2004 by Ord. No. 1376; 12-10-2007 by Ord. No. 1438; 1-12-2009 by Ord. No. 1449; 12-8-2014 by Ord. No. 1512]
(1) 
Monthly rate. The monthly customer charge shall be $21.75 for single-phase customers and $34.33 for three-phase customers, plus:
(a) 
Energy charge: $0.0850 per kWh.
(b) 
Distribution charges:
[1] 
First 1,500 kWh: $0.0590 per kWh.
[2] 
Over 1,500 kWh: $0.0390 per kWh.
(c) 
PCA accordance with the provisions of § 165-12.
(2) 
Minimum charge. The minimum monthly charge shall be $21.75 for single-phase customers and $34.33 for three-phase customers.
(3) 
Use provisions. The rate schedule set forth in Subsection A(1) above shall apply to all nonresidential customers not qualifying for any other rate and shall be available for sixty-hertz, single- or three-phase service at the Electric Division's standard delivery voltages. Customer service entrance facilities shall be installed in accordance with Borough standards and at the direction of the Electric Division.
(4) 
Three-phase service availability limited. Three-phase service shall be available only from an existing three-phase distribution line at the discretion of the Electric Division.
B. 
Application of rate schedule for commercial and industrial service, all electric (GS-H). The rate schedule for single-phase or three-phase commercial or industrial service when supplied at secondary voltage and when supplied in accordance with the use provisions as set forth in Subsection B(3) below is hereby established as follows:
[Amended 3-15-2004 by Ord. No. 1376; 12-10-2007 by Ord. No. 1438; 1-12-2009 by Ord. No. 1449; 12-8-2014 by Ord. No. 1512]
(1) 
Monthly rate. The monthly customer charge shall be $52.50 for single-phase customers and $74.50 for three-phase customers, plus:
(a) 
Energy charge: $0.0770 per kWh.
(b) 
Distribution charges:
[1] 
First 1,500 kWh: $0.0460 per kWh.
[2] 
Over 1,500 kWh: $0.0360 per kWh.
(c) 
PCA accordance with the provisions of § 165-12.
(2) 
Minimum charge. The minimum monthly charge shall be $52.50 for single-phase customers and $74.50 for three-phase customers.
(3) 
Use provisions. The rate schedule set forth in Subsection B(1) above shall apply to all nonresidential customers which use electricity for all space heating and cooling requirements. This rate applies to sixty-hertz, single- and three-phase service at standard Electric Division voltages.
(4) 
Three-phase service availability limited. Three-phase service shall be available only from an existing three-phase distribution line at the discretion of the Electric Division.
C. 
Application of rate schedule for large commercial and industrial service (LGS) and large commercial industrial total electric (LGSTE). The rate schedule for three-phase, sixty-hertz electricity for general service supplied at 240 volts and higher when supplied in accordance with the use provisions as set forth in Subsection C(5) is hereby established as follows:
[Amended 3-15-2004 by Ord. No. 1376; 12-10-2007 by Ord. No. 1438; 1-12-2009 by Ord. No. 1449; 12-12-2011 by Ord. No. 1481; 12-8-2014 by Ord. No. 1512]
(1) 
Monthly rate. The monthly customer charge shall be $110.00, plus:
(a) 
Demand charge: $4.25 per kW.
(b) 
Energy charge: $0.0774 per kWh.
(c) 
Distribution charges:
[1] 
First 7,500 kWh: $0.0270 per kWh.
[2] 
Next 17,500 kWh: $0.0240 per kWh.
[3] 
Over 25,000 kWh: $0.0200 per kWh.
(d) 
PCA accordance with the provisions of § 165-12.
(2) 
Minimum charge. The minimum monthly charge shall be $110.
(3) 
Measurement of demand and energy.
(a) 
When required for billing purposes, the measurement of load shall be determined monthly from the highest recorded registration.
(b) 
When a customer has the capability of moving a deferrable load to an off-peak period and elects to do so, the Borough may approve such a request. Upon its approval, the Division shall provide the metering capability to measure demands occurring during on-peak and off-peak periods. No load may be deferred pursuant to the terms of this subsection unless said load is in excess of 500 kWs.
(4) 
Provision and maintenance of equipment. The Electric Division provides and maintains all transformers and equipment. At the option of a customer with a monthly billing demand in excess of 1,000 kWs, the customer may supply all transformers and associated equipment in accordance with the primary service provision set forth in Subsection D herein below.
(5) 
Use provisions. The rate schedule set forth in Subsection C(1) above shall apply to all nonresidential customers not qualifying for any other rate and shall be available for sixty-hertz, three-phase service at two-hundred-eight-volt service or higher.
(6) 
Customer installations. All customer installations, original and additions, shall be made in accordance with the Electrical Code and shall be inspected and approved by an electrical inspector certified by the Pennsylvania Department of Labor and Industry.
D. 
Application of rate schedule for large commercial and industrial service (LGS-P) served at primary voltage. The rate schedule for three-phase, sixty-hertz electricity for general service supplied at 12,470 volts is hereby established as follows:
[Amended 3-15-2004 by Ord. No. 1376; 12-10-2007 by Ord. No. 1438; 1-12-2009 by Ord. No. 1449; 12-8-2014 by Ord. No. 1512]
(1) 
Monthly rate. The monthly customer charge shall be $135, plus:
(a) 
Demand charge:$3 per kW.
(b) 
Energy charge: $0.0765 per kWh.
(c) 
Distribution charges:
[1] 
First 15,000 kWh: $0.0290 per kWh.
[2] 
Next 85,000 kWh: $0.0260 per kWh.
[3] 
Over 100,000 kWh: $0.0200 per kWh.
(d) 
PCA accordance with the provisions of § 165-12.
(2) 
Minimum charge. The minimum monthly charge shall be $135.
(3) 
Measurement of demand and energy.
(a) 
Where electric meters are installed on the secondary side of the customer's transformers, such measured kWs and kWhs shall be increased to reflect transformer losses.
(b) 
When necessary for billing purposes, the measurement of load shall be determined monthly from the highest registration of a fifteen-minute block interval type meter.
(c) 
When a customer has the capability of moving a deferrable load to an off-peak period and elects to do so, the Borough may approve such a request. Upon its approval, the Division shall provide the metering capability to measure demands occurring during on-peak and off-peak periods. No load may be deferred pursuant to the terms of this subsection unless said load is in excess of 500 kWs.
(4) 
Provision and maintenance of equipment. The customer shall provide and maintain all transformers and equipment.
(5) 
Primary service provision. Primary electrical service at 12,470 volts. Sixty-hertz, three-phase service is available to customers with loads in excess of 1,000 kWs. All transformers, disconnect switches and protective devices shall be owned, operated and maintained by the customer. The Electric Division reserves the right to install metering equipment on either the primary or secondary side of the customer's transformers, and when installed on the secondary side, the demand and energy quantities shall be increased to compensate for transformer losses.
(6) 
Customer installations. All customer installations, original and additions, shall be made in accordance with the Electrical Code and shall be inspected and approved by an electrical inspector certified by the Pennsylvania Department of Labor and Industry.

§ 165-10 Security lighting service.

The rate schedule for security lighting service (SL) supplied by the Electric Division to a customer-owned pole or structure is as follows: The monthly customer charge shall be per lamp, sodium lighting, 9,500 lumens, 100 watts, as established from time to time by resolution of the Borough Council. The number of kWh's supplied shall be based upon the estimated hours of lighting service multiplied by the watts of each lamp.

§ 165-11 Borderline service.

[Amended 3-15-2004 by Ord. No. 1376; 12-12-2011 by Ord. No. 1481]
The rate schedule for borderline service (BL) supplied by the Electric Division to other utilities for the purpose of resale is as follows: the monthly customer charge shall be calculated at the RS rate as set forth herein.[1]
[1]
Editor's Note: Former § 165-12, Fuel adjustment charge and PASNY credit, which immediately followed this section, was repealed 3-15-2004 by Ord. No. 1376.

§ 165-12 Power cost adjustment rider.

[Added 12-10-2007 by Ord. No. 1438; amended 1-12-2009 by Ord. No. 1449]
A. 
A power cost adjustment rider (PCA) may apply to each kilowatt hour supplied in all sales service schedules for all electric bills rendered after August 1, 2009. The PCA may be adjusted on a monthly basis to the extent that the effective six-month period's average cost of the Borough's power supply is above or below the base power supply cost (BPSC) as specified in this § 165-12.
[Amended 12-12-2011 by Ord. No. 1481]
B. 
Power costs shall include all purchased power costs, transmission, and any other power supply costs.
C. 
The PCA shall be the sum of the monthly PCA contributions for the effective six-month period as determined in accordance with the following formula:
[Amended 2-9-2015 by Ord. No. 1514]
Monthly PCA Contribution = (1/6) x (PC/kWh — BPSC)
Where:
PC
=
Total power cost of the system for the individual month in the effective six-month period.
kWh
=
The sum of the following for the individual month in the effective six-month period: total energy consumption resulting from metered kilowatt hour (kWh) sales to customers; plus metered kWh consumption at Borough facilities; plus estimated security lights kWh consumption; plus estimated Borough street light kWh consumption.
BPSC
=
The base power supply cost in effect for the given month defined as such dollar amount as shall be established from time to time by resolution of the Council of the Borough of Ephrata.
The "effective six- month period"
=
The six consecutive calendar months immediately preceding the billing date.

§ 165-13 Aggregation of retail customer demand response.

[Added 2-9-2009 by Ord. No. 1452]
A. 
The Borough of Ephrata or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by the Borough of Ephrata's power system directly into any Commission-approved independent system operator's or regional transmission organization's organized electric markets.
B. 
Retail customers served by the Borough of Ephrata's power system wishing to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized electric markets may do so by participating in the program established by the Borough of Ephrata or its authorized designee. Retail customers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the Borough of Ephrata.

§ 165-14 Ancillary services provided by demand response resources.

[Added 2-9-2009 by Ord. No. 1452]
A. 
The Borough of Ephrata or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by the Borough of Ephrata's power system 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).
B. 
Retail customers served by the Borough of Ephrata's power system wishing 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 by participating in the program established by the Borough of Ephrata or its authorized designee. Retail customers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the Borough of Ephrata.

§ 165-15 Customer-owned generation.

[Added 9-14-2010 by Ord. No. 1464[1]]
A. 
Customer-owned electric-generating systems as defined in § 165-1 herein are permitted subject to compliance with the technical specifications and requirements for customer-owner electric-power generation of the Borough of Ephrata as established and amended from time to time by resolution of the Ephrata Borough Council.
B. 
The technical specifications and requirements for customer-owner electric-power generation of the Borough of Ephrata shall be available for inspection at the Borough’s offices and may be purchased for the costs of reproduction.
[1]
Editor’s Note: This ordinance also provided for the redesignation of former § 165-15 as § 165-16.

§ 165-16 Violations and penalties.

[Added 2-9-2009 by Ord. No. 1452]
A. 
Any person, firm, partnership, or corporation who or which shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus the costs of prosecution, and in default of payment thereof, shall be imprisoned for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.
B. 
Injunctive relief. When any person, firm, partnership, or corporation has violated, or continues to violate, any provision of this chapter, the Borough may petition the Court of Common Pleas of Lancaster County through the Borough's Attorney for the issuance of a preliminary or permanent injunction, or both, as appropriate, which restrains or compels the specific performance of the provisions of this chapter. The Borough may also seek such other action as is appropriate for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a person in violation of the provisions of this chapter.
C. 
Remedies nonexclusive. The remedies provided for in this section are not exclusive. The Borough may take any, all or any combination of these actions against any person, firm, partnership, or corporation that has violated, or continues to violate, any provision of this chapter.