[HISTORY: Adopted by the Borough Council
of the Borough of Ephrata 1-9-1995 by Ord. No. 1261. Amendments noted where
applicable.]
A.
Unless otherwise provided herein, the singular shall
include the plural and the masculine shall include feminine and the
neuter.
B.
AGENCY
AUXILIARY SERVICE
BOROUGH
CONTRACT FOR SERVICE
CUSTOMER
CUSTOMER-OWNED GENERATION
DEMAND
DWELLING UNIT
ELECTRICAL CODE
ELECTRIC DIVISION
ELECTRIC DIVISION DISTRIBUTION LINE
ELECTRIC SERVICE
ELECTRIC VEHICLE
ELECTRIC VEHICLE CHARGING STATION
ELECTRIC VEHICLE CHARGING STATION RATE
ELECTRIC VEHICLE SUPPLY EQUIPMENT
[2]GOOD CREDIT HISTORY
NONRESIDENTIAL SERVICE
PERSON
POINT OF DELIVERY
RESIDENTIAL SERVICE
SERVICE LINE
SPECIAL FACILITIES
STANDBY SERVICE
For purposes of this chapter, the following terms
and phrases shall have the meanings set forth as follows:
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]]
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.
The Borough of Ephrata, Lancaster County, Pennsylvania.
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.
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]
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]
A measure in kilowatts (kW) of the peak load that is drawn
during any fifteen-minute period throughout a billing cycle.
[Added 4-8-2019 by Ord.
No. 1547]
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking, sleeping
and sanitary facilities.
The National Electric Code, as amended from time to time,
or other such code as adopted by the Council of the Borough of Ephrata.
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.
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.
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.
A vehicle that operates, either partially or exclusively,
on electrical energy from the electrical grid, or an off-grid source,
that is stored on-board for motive purposes. "Electric vehicle" includes
a battery electric vehicle and a plug-in hybrid electric vehicle.
[Added 11-9-2020 by Ord.
No. 1556]
A dedicated public parking space that is served by electrical
vehicle supply equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an electric vehicle.
[Added 11-9-2020 by Ord.
No. 1556]
A rate charged per kilowatt hour (kWh) for use of an electric
vehicle charging station as indicated and metered on the electric
vehicle supply equipment serving the electric vehicle charging station.
[Added 11-9-2020 by Ord.
No. 1556]
Any equipment or electrical component used in the charging
and metering of electric vehicles at a specific location.
[Added 11-9-2020 by Ord.
No. 1556]
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]
Electric service for any general use purpose other than residential
service.
Any natural person, firm, association, partnership or corporation.
The single point at which the Electric Division's service
line terminates and the customer's facilities for receiving the service
begins.
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.
That electrical supply line that connects the Electric Division's
distribution facilities to the customer's point of delivery.
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.
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 preceded this definition,
was repealed 3-15-2004 by Ord. No. 1376.
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]
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]
D.
Fault current
study requirement. Pursuant to the provisions of NEC 110.24, Available
Fault Current (A) Field Marking, the Ephrata Borough Electric Division
must provide required fault current data by way of a fault current
study. The costs for the nondwelling fault current study shall be
paid by the applicant for service in accordance with fees established
from time to time by a resolution of the Borough of Ephrata and set
forth in the Schedule of Fees and Charges of the Borough of Ephrata.[1]
[Added 6-14-2021 by Ord. No. 1561]
[1]
Editor's Note: Said schedule is on file in the Borough offices.
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 eight
(120/208); two hundred seventy-seven/four hundred eighty (277/480).
[Amended 4-12-2021 by Ord. No. 1560]
(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]
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]
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.
(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:
(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.
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.
(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]
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.
(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.
[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; 4-8-2019 by Ord. No. 1547; 3-13-2023 by Ord. No. 1575]
(1)
Monthly rate. The monthly customer charge shall be $14 for single-phase
residential customers, $27.75 for single-phase residential borderline
customers, plus, if applicable, $29.75 for three-phase service, plus:
(2)
Minimum charge. The minimum monthly charge shall be $14 for single-phase
residential customers, $27.75 for single-phase residential borderline
customers, plus, if applicable, $29.75 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.
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; 4-8-2019 by Ord. No. 1547; 3-13-2023 by Ord. No. 1575]
(1)
Monthly rate. The monthly customer charge shall be $25 for single-phase
customers and $37.50 for three-phase customers, plus:
(2)
Minimum charge. The minimum monthly charge shall be $25 for single-phase
customers and $37.50 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; 4-8-2019 by Ord. No. 1547; 3-13-2023 by Ord. No. 1575]
(1)
Monthly rate. The monthly customer charge shall be $52.50 for single-phase
customers and $74.50 for three-phase customers, plus:
(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; 4-8-2019 by Ord. No. 1547; 3-13-2023 by Ord. No. 1575]
(1)
Monthly rate. The monthly customer charge shall be $125 plus:
(2)
Minimum charge. The minimum monthly charge shall be $125.
(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; 4-8-2019 by Ord. No. 1547; 3-13-2023 by Ord. No. 1575]
(1)
Monthly rate. The monthly customer charge shall be $150, plus:
(2)
Minimum charge. The minimum monthly charge shall be $150.
(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.
[Added 11-9-2020 by Ord. No. 1556[1]]
The rate for use of a public EVCS shall be as indicated on that
electrical vehicle supply equipment which rate shall be established
from time to time by resolution of the Council of the Borough of Ephrata.
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.
[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.
[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.
| ||
[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.
[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.
[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.
[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.
