Borough of Duncannon, PA
Perry County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Duncannon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Uniform construction codes — See Ch. 102.

ARTICLE I
Regulations (§ 115-1 — § 115-16) 

ARTICLE II
Aggregate Demand Response (§ 115-17 — § 115-21) 

[Adopted 6-12-1961 by Ord. No. 1-E-61 (Ch. VIII of the 1970 Code)]

§ 115-1
Purpose; definitions. 

§ 115-2
Application for service; term of contract; unauthorized connections; limitations on use of service. 

§ 115-3
Restrictions on new service; deposits; temporary service; account transfers. 

§ 115-4
Discontinuance of service; restoration. 

§ 115-5
Interruption of service; notification of defects; service connection installation. 

§ 115-6
Inspection of installation; defects. 

§ 115-7
Damage to Borough equipment; access to premises; meters. 

§ 115-8
Use of service; installation requirements. 

§ 115-9
Service lines; billing. 

§ 115-10
Residential rate schedule. 

§ 115-11
All-electric home rate. 

§ 115-12
Commercial lighting and small power service rates. 

§ 115-13
Industrial power service rates. 

§ 115-14
Service to multiple dwelling units. 

§ 115-15
Purchased power cost adjustment. 

§ 115-16
Actual cost adjustment (ACA). 

A. 

The rules and regulations herein set forth form an active part of every contract entered into by the Borough to supply electric current for all types of service and in accordance with the rate schedule herein adopted.

Editor's Note: For the rate schedule, see §§ 115-10 to 115-14 of this article.

B. 

Interpretation of words and phrases, when used in this article, shall, for the purpose of this article, have the meanings as herein ascribed to them, except in those instances where the context clearly indicates a different meaning:

CONNECTED LOAD
The total sum of the manufacturer's rating of all energy-consuming devices located on the premises of the customer and connected to the Borough's service or which can be simultaneously connected by the closing of a switch.
CUSTOMER
Any person, partnership, association or corporation lawfully receiving service from the Borough.
POLYPHASE SECONDARY
Alternating current, sixty-cycle, 120/240 volts, three-phase, four wires for combined power and light service.
PRIMARY
Alternating current, sixty-cycle, 4,160 volts, three wires.
SERVICE
The supply of energy for use by the customer, including all things done by the Borough in connection with such supply.
SINGLE-PHASE SECONDARY
Alternating current, sixty-cycle, 120 volts, two-wire, or 120/240 volts, three-wire.
A. 

Every applicant for electric service may be required to sign a contract, agreement or other form then in use by the Borough covering the use of electricity and must agree to abide by these rules and regulations and also the standard requirements forming a part thereof, with any revisions and additions that may be issued in the future.

B. 

All new applicants and/or present users may be required to sign an application before installing additional electrical equipment such as ranges, dryers, ironers, air conditioners, etc.

C. 

The Borough may reject any application for service not available under a standard rate, or which involved excessive service cost, or which might affect the supply of service to other customers, or for other good and sufficient reasons.

D. 

When an application is accepted, or when service is supplied according thereto, it constitutes the contract between the customer and the Borough, subject to the rules and regulations.

E. 

Standard contracts shall be for terms as specified in the rate schedules, but where large and special investments are necessary for the supply of service, contracts of longer terms than specified in the rate, or with a special guarantee of revenue, or both, may be required to safeguard such investment.

F. 

Unauthorized connection to the Borough's electric system, and the use of service obtained from the Borough without authority, or by any false pretense, may be terminated by the Borough without notice. In the event, the use of service without notifying the Borough and enabling it to read its meter will render the user liable for any amount due for service supplied to the premises from the time of the last meter reading, immediately preceding his occupancy as shown by the Borough's books, or if no record is available, as estimated by the Borough.

G. 

All electric service furnished by the Borough is limited to the customer's own use in the place stipulated at the time of connection. Energy shall not be resold, sublet, assigned or otherwise disposed of by any other party. Each hotel, apartment, living quarters, household, store, office or business shall be individually metered. Private garages and residential offices are excluded from the provisions of this section.

H. 

When application for free electric service is made, the owner of the property to be served shall, in a manner fixed by the Borough, first release the Borough from any liability for damages resulting from any cause whatsoever.

[Amended 9-8-1975 by Ord. No. 186; 4-20-1982 by Ord. No. 225]
A. 

Prior debts. Service will not be furnished to former customers until indebtedness to the Borough for previous service has been satisfied.

B. 

Guarantee of payments.

(1) 

Where the credit of a customer with the Borough has been impaired, a deposit or other guarantee, satisfactory to the Borough, may be required as security for the payment of final bills and compliance with the Borough's rules and regulations before the Borough will render or continue service.

(2) 

Any customer that has been previously terminated shall be required to pay a security deposit equal to two months of their average yearly billing, plus all reconnection fees, prior to having service restored. New electric service for residential customers will not be connected until the security deposit required by this section is paid in full and a utility request form available at the Borough office is completed and filed at the Borough office. Property owners having rental units shall furnish a complete list of all tenants in each unit by name, and should a tenant have an outstanding balance owed the Borough, service will not be connected until the outstanding balance is paid in full.

[Added 11-16-1993 by Ord. No. 285]

C. 

Amount of deposit. Deposits may be required from customers taking service for a period of less than 30 days, in an amount equal to the estimated gross bill for such temporary period. Deposits may be required from all other customers, provided that in no instance may deposits be required in excess of the estimated gross bill for any single billing period plus one month (the maximum period not to exceed four months), with a minimum of $100.

[Amended 11-16-1993 by Ord. No. 285]

D. 

Refund of deposit.

(1) 

On discontinuance of service, or at the end of 12 months, and payment in full of service charges and guarantees, the Borough will refund the deposit, but will deduct therefrom any unpaid charges.

(2) 

A charge of $5 shall be required for all temporary services used for construction, to cover the cost of connection and disconnection of the temporary supply, and of any other equipment required for satisfactory operation.

(3) 

A minimum of $2 shall be charged for any part of the first month where the temporary services are required by the owner or his agent for seasonal and/or sales promotional purposes.

E. 

Transfer of account by phone. Any electric customer that is moving within the Borough and has no outstanding balance owed to the Borough may transfer said customer's account by phone.

[Added 11-16-1993 by Ord. No. 285]

[Amended 4-20-1982 by Ord. No. 225]
A. 

Nonpayment. Upon a customer's failure to pay for electrical service within 60 days from the date rendered, service may be discontinued after 10 days' notice of its intention to disconnect, either by personal contact or by mail addressed to the premises. If past due amounts are not paid within 10 days after discontinuance of service, the Borough Secretary shall refer such unpaid account to the Borough Solicitor for collection in accordance with law. Any customers for which service has been disconnected for nonpayment of bills shall not have such service reestablished at any time until such unpaid bills have been paid and a deposit has been made as required by § 115-3 of this article.

B. 

The Borough may disconnect on reasonable notice if entry to its meter is refused or if access is obstructed or hazardous, or for any violation of the rules and regulations or the Borough's standard requirements.

C. 

The Borough may disconnect without notice if the customer's installation has become dangerous or defective or if the customer's equipment, or use thereof, might injuriously affect the equipment of the Borough, or the Borough's service to other customers, or if, upon reexamination of the customer's installation by the Fire Underwriters Association inspector, a certificate of approval is refused.

D. 

The Borough will disconnect without notice for abuse, fraud, tampering with the connections, meters, or other equipment of the Borough, or permitting anyone else to do so. The cost of inspection, changes or replacements or repairs made necessary by violation of this rule, together with the proper charge for current used but not registered, shall be paid by the customer. If possible, an outside installation will be required after a violation of this type.

E. 

As a requirement for the restoration of service discontinued by reason of act of default by the customer, the Borough may require the payment of the monthly minimum for the unexpired term of the contract, or so much of it as has been accrued during the period of suspension, together with all arrearages, and a reconnection charge of:

(1) 

Two dollars where disconnection was made by the removal of fuses at the meter location; or

(2) 

Actual cost where disconnection was made by cutting taps or by removing service connections.

A. 

The Borough will use reasonable diligence to provide a continuous, regular and uninterrupted supply of service, but should the supply be interrupted by the Borough for the purpose of making repairs, changes or improvements in any part of the system for the general good of the service or the safety of the public or fail, by reason of accident, strike, legal process, or any other cause whatsoever beyond its control, the Borough shall not be liable for damages, direct or consequential, resulting from such interruption or failure.

B. 

Notice of trouble. The customer shall notify the Borough immediately should the service be unsatisfactory for any reason, or should there be any defects, trouble or accident affecting the supply of electricity.

C. 

Customer's installation.

(1) 

Service connection. Wiring of any premises for connection to overhead lines must be brought outside of the building wall to a location designated by the Borough, at which point the customer's wires must extend at least three feet for attachment to the Borough's service supply lines.

(2) 

Service supports. The customer shall provide substantial supports for attaching the Borough's service brackets to the building. These supports shall be such as to provide a minimum clearance of 14 feet between the wires and the ground.

(3) 

Termination point. With the exception of the metering equipment, the Borough's service equipment will, in ordinary installations, terminate at the service bracket attached to the building.

(4) 

Single-point delivery. The service to any premises shall be made through a single delivery and metering point, unless otherwise agreed upon by the Borough.

(5) 

Underground service. Customers desiring an underground service from overhead Borough lines must pay the excess cost incident thereto. Specifications and requirements for such construction will be furnished by the Borough upon request.

(6) 

Meter location. The Borough will designate a location where there shall be provided, free of expense to the Borough, a dry and suitable place for the transformer or transformers, metering or other equipment of the Borough necessary for fulfillment of such contracts as may be entered into with the Borough.

A. 

Inspection of installation; Underwriters inspection. Service supply lines will not be installed prior to the time that the wiring of the premises is actually in progress, and electricity will not be connected to the customer's installation until such installation has been completed in accordance with the Borough's standard requirements and until a certificate of approval has been issued by any Fire Underwriters Association qualified to operate in the Duncannon area, certifying that the installation has been made in accordance with the rules of the National Board of Fire Underwriters as set forth in the National Electrical Code.

B. 

Defective installation. For the purpose of providing proper service, the Borough shall have the right, but shall not be obliged, to inspect all installations before service is connected, or at any later time. The Borough may refuse to connect if, in its judgment, the installation is defective or does not comply with such reasonable requirements as may be necessary for safety or is in violation of the Borough standard requirements. The Borough may also refuse to connect if, in its judgment, the customer's equipment or use thereof might injuriously affect the equipment of the Borough or service to other customers. Inspection or failure to inspect or reject shall not render the Borough liable or responsible for any loss or damage resulting from such defects or violation of rules or for accidents which may occur upon the customer's premises.

A. 

Damage. If the property of the Borough on the premises of the customer becomes damaged in a manner other than by normal usage, the cost of inspection, repairs, etc., or replacement of such damaged property shall be paid by the customer.

B. 

Right of access. The customer shall not permit any person, excepting authorized Borough employes, to have access to or to do any work on any meter or other Borough apparatus located on the customer's premises.

C. 

Metering.

(1) 

Meters installed. The measurement of electric service shall be made by meters furnished and installed by the Borough. The Borough will select the type and make of metering equipment, including such items as may be necessary, and may from time to time change or alter the equipment, its sole obligation being to provide meters that will accurately furnish records for billing purposes.

(2) 

Meter location. All meters in any one building shall be grouped in one location, unless otherwise agreed upon by the Borough. The meters and service switches for each apartment suite or office shall be so marked. The meters are to be located at a height of seven feet from the ground (outside) or floor (inside).

(3) 

Outdoor metering. Outdoor metering installation will be required unless good and sufficient reason can be shown to the contrary.

(4) 

Meter testing. The Borough will make tests or inspection of its meters at the request of the customer, but reserves the right to make a charge of $2 when such tests show the meters to be correct within 3%.

[Amended 6-20-1978 by Ord. No. 204]
A. 

Fluctuations. The electric service must not be used in such a manner as to cause unusual fluctuations or disturbances in the Borough's supply system, and in the case of a violation of this rule, the Borough may discontinue service or require the customer to modify his installation and equip it with approved controlling devices and meters with the correct choice of starting torque and current.

B. 

Type of installations. Motor and other installations connected to the Borough lines must be of a type to use minimum starting current and must conform to the requirements of the Borough as to wiring, type of equipment and control accessories.

C. 

Unbalanced load. The customer must so arrange his connected load that the unbalance between phases will not exceed 10%. In the event of unbalanced polyphase loads, the Borough reserves the right to require the customer to make the necessary changes at his expense to correct the condition or to compute the demand used for billing purposes on the assumption that the load on each phase is equal to that on the greatest phase.

D. 

Fluorescent and neon lighting.

(1) 

All fluorescent lighting fixtures, lamps and equipment installed on customer's premises must be of the high power factor type with certified rating for each complete operating unit of not less than 85% power factor.

(2) 

All neon lighting fixtures and equipment with total rating in excess of 750 volt amperes per meter installation must be equipped with auxiliaries for maintaining a power factor of not less than 85%. These auxiliaries may be incorporated in the transformers, or capacitator-transformers may be installed to correct the power factor of the entire neon installation.

(3) 

The Borough reserves the right to test fluorescent, neon or similar equipment before or after installation.

E. 

Change of installation. The customer shall give immediate written notice to the Borough of any proposed increase or decrease in or change of location of his installation. Failure to give such notice will render the customer liable for damage to the meters and their auxiliary equipment or the transformers of the Borough caused by the additional or changed installation.

F. 

Building using electric for primary heating source.

(1) 

All buildings using electric for the primary heating source shall be insulated with building insulation to a minimum "R" value (thermal resistance) as follows:

(a) 

Floors and outside walls: R-11 minimum.

(b) 

Ceilings: R-19 minimum.

(2) 

The Borough reserves the right to inspect all building insulation after installation and to require compliance herewith.

[Amended 4-20-1982 by Ord. No. 225]
A. 

Service supply lines. When service lines are built by the customers, such lines will be connected to the Borough system only when said lines conform to Borough specifications.

B. 

Customer's service extension. The expense of extending lines in excess of one span 100 feet or to a new point of delivery must be borne by the customer, unless the anticipated revenue from such lines warrants the expenditure being borne by the Borough.

C. 

Right-of-way. To provide satisfactory service, it may be necessary for the Borough to place poles on private property. In cases of this type, the property owners shall give the Borough the right-of-way to construct these lines.

D. 

Distribution banks. For industrial installations, where the customer is the sole consumer, to provide better service, the customer shall construct a concrete slab to the Borough's specifications for the placement of the distribution transformers. The Borough will install and connect the transformers and provide the metering equipment. After the installation is complete, the customer shall provide a protective fence around the installation.

E. 

Customer contract information.

(1) 

Basis of charge. Rate schedules are predicated upon the supply of service for periods of not less than one year.

(2) 

Billing period. Rates are stated on a monthly basis, and will normally be rendered monthly unless otherwise provided for by the rate.

(3) 

Notice of discontinuance by customer. Notice to discontinue service prior to expiration of a contract term will not relieve a customer from any minimum or guaranteed payment under any contract or rate.

(4) 

Penalty. All bills not paid within 30 days from the date rendered shall be charged a penalty of 1 1/4% per month, which is equivalent to a rate of 15% per year.

[Added 3-12-1968 by Ord. No. 128; amended 12-8-1971 by Ord. No. 170; 7-30-1973 by Ord. No. 175; 12-28-1976 by Ord. No. 195; 4-20-1982 by Ord. No. 225; 3-17-1987 by Ord. No. 245]
A. 

Available for all service, including electric motors of less than one horsepower.

B. 

Rate:

(1) 

Minimum charge: $6.50.

[Amended 12-28-2006 by Ord. No. 368]

(2) 

Energy charges:

(a) 

First 150 KWH: $0.0846 each KWH.

(b) 

Next 100 KWH: $0.0642 each KWH.

(c) 

All remaining KWH: $0.0574 each KWH.

C. 

Water heating provision. Where an electric water heater is used as the sole means of providing hot water, 320 KWH will be billed at $0.0505 each after 250 KWH have been used. To qualify for this electric hot water heating rate, each installation must be inspected and approved by the Borough. This schedule is restricted to existing customers as of December 28, 1978.

[Added 3-12-1968 by Ord. No. 128; amended 12-8-1971 by Ord. No. 170; 5-2-1973 by Ord. No. 174; 7-30-1973 by Ord. No. 175; 9-8-1975 by Ord. No. 186; 4-30-1982 by Ord. No. 225; 3-17-1987 by Ord. No. 245]
A. 

Rates:

(1) 

Minimum charge: $6.50.

[Amended 12-28-2006 by Ord. No. 368]

(2) 

Energy charges:

(a) 

First 150 KWH: $0.0846 each KWH.

(b) 

Next 100 KWH: $0.0642 each KWH.

(c) 

Next 500 KWH: $0.0574 each KWH.

(d) 

All remaining KWH: $0.0505 each KWH.

B. 

The foregoing rate is applicable only to homes where electricity is the sole means of heating, providing hot water, cooking, air conditioning and lighting.

C. 

This schedule is restricted to existing customers as of August 11, 1978.

D. 

Private area lighting service.

(1) 

Rate for lighting of yard, alleys and other areas from existing overhead secondary distribution contracted by private customer:

(a) 

Monthly rate: $6.50 per lamp.

(2) 

The cost adjustment clause applies to 30 KWH per billing period.

[Added 7-30-1973 by Ord. No. 175; amended 4-30-1982 by Ord. No. 225; 3-17-1987 by Ord. No. 245]

For single-phase commercial lighting and small power service at Borough's standard secondary voltage:

A. 

Rate:

(1) 

Minimum charge: $6.50.

[Amended 12-28-2006 by Ord. No. 368]

(2) 

Energy charges, per month:

(a) 

First 200 KWH: $0.1050 each KWH.

(b) 

Next 100 KWH: $0.0914 each KWH.

(c) 

Next 100 KWH: $0.0779 each KWH.

(d) 

All remaining KWH: $0.0642 each KWH.

[Added 7-30-1973 by Ord. No. 175; amended 4-30-1982 by Ord. No. 225; 3-17-1987 by Ord. No. 245]
A. 

Available for industrial power service.

B. 

Rates:

(1) 

Energy charge, per month:

(a) 

First 100 KWH: $0.0914 each KWH.

(b) 

Next 300 KWH: $0.0846 each KWH.

(c) 

Next 600 KWH: $0.0642 each KWH.

(d) 

Remaining KWH: $0.0574 each KWH.

(2) 

Minimum charge, per month, per HP of rated capacity: $0.50.

[Added 3-17-1987 by Ord. No. 245]

Service to two or more dwelling units in a single structure may, at the Council's option, be supplied through a single meter. When such multiple dwellings are supplied through a single meter, the minimum charge and respective blocks of the above rate shall be increased in direct proportion to the number of apartments and/or single dwelling units served.

[Added 11-11-1974 by Ord. No. 181; amended 4-20-1982 by Ord. No. 225; 3-17-1987 by Ord. No. 245]
A. 

A purchased power cost adjustment shall be applied to each kilowatt hour supplied under this article. This purchased power cost adjustment, determined to the nearest 0.001 mill in accordance with the formula set forth below, shall be applied to all kilowatt hours billed in the month following that in which the power purchase adjustment was made by the supplier.

Where: A = Adjustment in mills per kilowatt hour to be applied to each kilowatt hour billed.
C = The current purchased power cost in mills per kilowatt hour, determined by dividing the month's total of Account 7-442-4506 by the kilowatt hours sold.
B = Base purchased power cost of 48.44 mills per kilowatt hour.
T = The Pennsylvania gross receipts tax rate in effect during the billing month, expressed as a decimal.
B. 

The "C" and "B" factors are to be determined for the calendar month preceding the billing month.

C. 

Minimum bills shall not be reduced by reason of this purchased power cost adjustment clause. This purchased power cost adjustment clause shall be applied to all kilowatt hours billed, and such charge shall be in addition to any minimum applicable.

[Added 4-20-1982 by Ord. No. 225; amended 3-17-1987 by Ord. No. 245]
A. 

An actual cost adjustment (ACA), to reflect an automatic adjustment clause under or over collections, shall be computed in accordance with the current tariff issued by the Pennsylvania Public Utility Commission to Duncannon Borough for use with non-Borough customers by taking the applicable cost for the determination period and subtracting therefrom an amount equal to 1) the base cost of fuel for the determination period subject to automatic adjustment; and 2) the automatic adjustment clause revenues recorded on the books of the Borough during the reporting period; and subtracting or adding the previous period's net over or under collection from the application of the ACA. The derived amount is hereafter represented by the symbol "A." Symbol "D" is equal to the kilowatt hours sold during the reporting period. Symbol "T" is the effective gross receipts tax, if applicable. The actual cost adjustment shall be computed to the nearest one-hundredth cent for the period.

B. 

The resulting unit rate per kilowatt hour shall be applied for 12 months commencing with the April application period.

C. 

The determination period is the earlier period of time which is the basis of the costs applicable to the reporting period to the PUC.

D. 

The Commission has designated the reporting period for electric utilities to be 12 months ending January 31.

[Adopted 2-17-2009 by Ord. No. 378]

§ 115-17
Intent. 

§ 115-18
Authority to bid into electric markets. 

§ 115-19
Conditions on bidding into electric markets. 

§ 115-20
Authority to bid into ancillary services markets. 

§ 115-21
Conditions on bidding into ancillary services markets. 

Duncannon, as the retail electric regulatory authority for the Borough of Duncannon and its retail electric consumers, determines it to be desirable that the aggregation of demand response on behalf of its retail customers be bid directly into the organized electric and ancillary services markets administered by the regional transmission organization that includes Duncannon (or any successor independent system operator or regional transmission organization) and be performed by Duncannon or its authorized designee.

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

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

Duncannon or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers of Duncannon 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).

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