A. 
Applicability of electric rules and rate schedules. These rules apply to the electric service area of the utility, except as may be otherwise provided or prescribed by the city council. The director of utilities/city engineer or designee shall interpret the rates and rules. In the event of any dispute or disagreement regarding interpretation of rules or rates, the city council shall determine the applicability of the rule or rate in question.
1. 
Any person desiring to appeal electric fees, charges and/or requirements, other than charges for monthly service and usage, shall submit a letter of appeal to the director of utilities/city engineer. The appeal will be reviewed by the director and staff and will be scheduled to be considered by city council.
2. 
Any person disputing a monthly service bill must follow section 3.46.110.
B. 
Special conditions of service. The director of utilities/city engineer or designee may establish and enforce charges for furnishing electricity to any installation of a character not adequately provided for by these rates and rules, provided that such charges shall be consistent with established rates and charges.
(Code 1980, § 3.46.010; Ord. No. 736, § 2, 2004; Ord. No. 870 (Recodification), 2014)
These electric rules established by the city council are effective throughout the service area of the electric utility. They are subject to the following provisions and definitions:
A. 
All rules are subject to change. Copies of the rules currently in effect will be kept in the office of the utility. Customers or others contemplating any expenditures or activities governed by these rules should assure themselves that they have the current version by contacting the utility.
B. 
For the purpose of these rules and rate schedules, the terms and expressions listed below shall have the meanings set forth as follows:
"Added facilities"
means the facilities provided by the utility at the request of the customer which are over and above the utility's standard facilities. See section 3.46.030(H).
"Applicant"
means a person requesting RCMU to supply or deliver electric service and who will be responsible for all related charges.
"Application"
means a written request to the utility for electric service as distinguished from an inquiry as to the availability or charges for such service.
"Billing demand"
means the load or demand, measured in kilowatts, used for computing charges under rate schedules based on the size of the customer's load or demand. It may be the connected load, the measured maximum demand, or a modification of either as provided for by the applicable rate schedule.
"Billing period"
means the time interval between two consecutive meter readings that are taken for billing purposes.
"Certified renewable resource provider"
means a renewable resource provider who has obtained certification from the state.
Class of service.
Different classes of electric utility service are: general lighting, multiple-phase lighting, combination lighting and power, emergency lighting, single-phase power, polyphase power, welding, x-ray, fire pump, fire alarm, and stand-by power (permitted only where stand-by and normal circuit conductors are in separate raceways and enclosures).
"Commercial developments"
consist of two or more enterprises engaged in trade or the furnishing of services (e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes).
"Completed application"
means an application that satisfies all of the information and other requirements of the tariff schedules, including any required deposits.
"Connected load"
means the sum of the rated capacities of all of the customer's equipment that can be connected to the utility's lines at one time, as more fully described in the applicable rate schedules.
"Customer"
means the person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for that service or, in the absence of a signed instrument, by the receipt and payment of bills or summary bills regularly issued in his or her name regardless of the identity of the actual user of the service. A customer may also be a party with whom the utility is doing business with or without a billing relationship.
"Customer's mailing address"
means the address specified in a customer's application or contract, or any other address subsequently given to the utility by the customer, to which any notice, bill or other communication is to be mailed.
"Date of presentation"
means the date upon which a bill or notice is mailed, or delivered by the utility, to the customer.
"Director"
means director of utilities/city engineer of the city.
"Distribution line extension"
means new distribution facilities of the utility that is a continuation of, or branch from, the nearest available existing permanent distribution line, including any facility rearrangements and relocations necessary to accommodate the distribution line extension, to the point of connection of the last service. The utility's distribution line extension includes converting an existing single-phase line to three-phase in order to furnish three-phase service to an applicant, but excludes service transformers, meters and services.
"Distribution lines"
means overhead and underground facilities which are operated at distribution voltages.
"Distribution system"
means those distribution facilities owned, controlled, and operated by the utility that are used to provide distribution service under the tariffs.
"Edison"
means Southern California Edison Company.
"Electric supply"
means electric energy or power.
"Electronic transfer"
means paperless exchange of data and/or funds, usually involving computer and telecommunication technology.
"Energy diversion"
means electricity being received by a customer without registering through a meter due to either tampering with the meter or bypassing the meter.
"General service"
means service to any lighting or power installation, except those eligible for service on street lighting, outdoor area lighting, residential or stand-by schedules.
"Heating service"
means service to any apparatus employing the resistance of conductors to transform electric energy into heat.
Hourly metering.
See Interval metering.
"HP"
means horsepower.
"Independent system operator (ISO)"
means the California Independent System Operator Corporation, a non-profit corporation that controls the transmission facilities of all participating transmission owners and dispatches certain generating units and loads. The ISO is responsible for the operation and control of the statewide transmission grid.
"Industrial developments"
consist of two or more enterprises engaged in a process which creates a product or changes materials into another form or product.
"Intermittent service"
means service which, in the opinion of the utility, is subject to discontinuance for a time or at intervals.
"Interval metering"
means a metering device capable of recording minimum data required. Minimum data requirements may include 15-minute demand data required to bill the utility's tariffs.
"kW"
means Kilowatt.
"kWh"
means Kilowatt-hour.
"Lighting service"
means service to any apparatus transforming electric energy into light for all visual purposes, except those specified under power service.
"Line extension"
means all facilities, excluding transformer, service connection and meter, required to extend electric service from the utility's existing permanent facilities to the point of delivery to the customer.
"Mailed"
means any notice or other communication will be considered mailed when sent by electronic transfer or when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office box, postage prepaid.
"Maximum demand"
means the average kilowatts during the specified time interval when the customer's use is greatest in the billing period as indicated or recorded by the utility's meter.
"Meter"
means the instrument used for measuring the electricity delivered to the customer.
"Meter data management agent (MDMA)"
means the entity that takes raw meter outputs, validates them using validation, editing and estimating rules, adds corollary information needed to characterize the customer, and makes complete customer information available to others for use in various applications.
"Meter service provider (MSP)"
means the entity that installs, validates, registers, and maintains the physical meter required on a premises to measure the required variables.
"Meter systems"
mean the meter, the meter reading system and the meter data management server.
"Metering facilities"
means the necessary meter, instrument transformers, test facilities, data communication equipment, and other associated metering equipment.
"Multiple occupancy building"
means a building of multiple occupancy provided with continuous outer wall construction including, but not limited to, apartments, condominiums, townhouses and commercial buildings.
"Municipal service"
means utility services supplied to any municipal entity.
"Nominal voltage"
means the approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation. For any specific nominal voltage, the operating voltage actually existing at various points and at various times on the system is subject to normal distribution variation.
"Otherwise applicable tariff (OAT)"
means the utility rate schedule that would otherwise apply to the customer from time to time for electrical services to the premises.
"Paid or payment"
means funds received by the utility through postal service, the utility payment office, the utility-authorized agent, or deposited in the utility account for electronic transfer.
"Permanent service"
means service which, in the opinion of the utility, is of a permanent and established character. This may be continuous, intermittent or seasonal in nature.
"Person"
means any individual, partnership, corporation, public agency or other organization operating as a single entity.
"Point of delivery"
means the point where conductors of the utility are connected to the conductors of the customer, regardless of the location of the utility's meters or transformers. Utility conductors may be owned, leased or under license by the utility, and the conductors of the customer may be owned, leased, or under license by the customer.
"Power factor"
means the ratio of the revenue producing current in a circuit to the total current in that circuit. In terms of power quantities, power factor is the ratio of kW (real power) to the total kVA (total power).
"Power service"
means service to apparatus or equipment used for purposes other than lighting. Lamps or lights used for purposes which, in the opinion of the utility, are not general illumination purposes are classified as power service, such as the following: motion picture projection, motion picture and television production, production of chemical reactions, sterilizing, drying, radiant heating, therapeutic, photographic processing, production of stimulating the growth or yield of agricultural products, pilot or indicating lights on power control equipment, and lighting used as an aid in the operation of a motor-driven production machine for the purpose of checking tool settings or dial readings, measuring or inspecting the product while on the machine, when the lamps are installed as an integral part of the machine and energized from its power supply.
"Premises"
means all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, except in the case of industrial, resort enterprises, and public or quasi-public institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served.
"Property"
means a parcel of real property of record as shown in the county assessor's maps on file in the office of the county assessor.
"Public purpose programs charge"
means a non-bypassable surcharge imposed on all retail sales of electricity to fund public goods research, development and demonstration and energy efficiency activities.
"Public utilities commission"
means the public utilities commission of the state.
"Pull box"
means an enclosure for joining conductors which also provides by its size, arrangement, and location the necessary facilities for pulling the conductors into place. The term "pull box," as used here, includes structures also known as "manhole," "hand hold," and "switch board pull section."
"Qualified contractor/subcontractor (QC/S)"
means an applicant's contractor or subcontractor who:
A. 
Is licensed in the state for the appropriate type of work such as, but not limited to, electrical and general;
B. 
Employs workmen properly certified for specific required skills such as, but not limited to, plastic fusion and welding. Electric workmen shall be properly qualified (qualified electrical worker, qualified person, etc.) as defined in the state High Voltage Safety Orders (Title 8, Subchapter 5, Group 2);
C. 
Complies with applicable laws such as, but not limited to, equal opportunity regulations, OSHA and EPA.
"Qualified customer"
means, as determined by the utility, those customers having met the criteria and supplied the facilities for electric service under the utility's tariff schedules and/or having special skills and equipment necessary to participate with the utility in business services.
"Quasi-public institutions"
means public utilities, educational institutions and hospitals, whether publicly or privately owned, where the property, campus or hospital grounds extend over relatively large areas through which public streets may run.
"Rate area"
means a specified area within which a rate schedule or schedules apply.
"Rate charges"
means charges in the rate schedules. These charges may include the following:
A. 
"Added facilities charge"
means the fee collected by the utility for the installation and use of added facilities equipment.
B. 
"Customer charge"
means that portion of the charge for service which is a fixed amount without regard to connected load, demand, or energy consumption in accordance with the rate schedule.
C. 
"Demand charge"
means that portion of the charge for service which varies with the billing demand in accordance with the rate schedule.
D. 
"Energy charge"
means that portion of the charge for service which varies with the quantity of energy consumed in accordance with the rate schedule.
E. 
"Minimum charge"
means the least amount for which service will be rendered in accordance with the rate schedule.
F. 
"Service charge"
means that portion of the charge for service which is a fixed amount based on connected load in accordance with the rate schedule.
G. 
"Standby charge"
means that portion of the charge for standby service which is a fixed amount based on the maximum load the utility stands ready to supply in accordance with the rate schedule.
"Rate schedule"
means one or more tariff pages setting forth the charges and conditions for a particular class or type of service at a given location. A rate schedule, as referred to herein, shall include all the wording on the applicable tariff page or pages, such as, but not limited to, the following: schedule number, class of service, character or applicability, territory, rates, conditions, and reference to rules.
"Rules"
means tariff pages which set forth the application of all rates, charges and services when such applicability is not set forth in and as a part of the rate schedules.
"Scheduling coordinator (SC)"
means an entity certified by the Federal Energy Regulatory Commission that acts as a go-between with the ISO on behalf of generators, supply aggregators (wholesale marketers), retailers and customers to schedule the supply and consumption of electricity.
"Service extension"
means and consists of the service wires or connections as above defined.
"Service wires or connection"
means the group of conductors, whether overhead or underground, necessary to connect the service entrance conductors of the customer to the utility's supply line, regardless of the location of the utility's meters or transformers. An overhead service connection, sometimes referred to as a service drop, is the group of conductors between the customer's building or other permanent support and the utility's adjacent pole.
"Single enterprise"
means a separate business or other individual activity carried on by a customer. The term "single enterprise" does not apply to associations or combinations of customers.
"Small customer/applicant"
means applicants for service and customers served under domestic rate schedules and schedules SC, AL-2, LS-3 and TC-1.
"Small commercial customer"
means customers served under schedules GS-1, TOU-GS-1 and TOUEV-3.
"Standby service"
means service supplied to customers who normally obtain their power requirements from sources other than the utility. Under this service, the utility provides a permanent service connection to supply the customer's contracted load in accordance with the provisions of the standby schedule.
"Street lighting service"
means service to any lighting apparatus used primarily for the illumination of streets, alleys, highways or other public ways.
"Summary bill"
means a customer account statement that includes charges for multiple service accounts.
"Tariff schedules"
means the entire body of effective rates, rentals, charges, and rules collectively of the utility, as set forth in this chapter, and including title page, preliminary statement, rate schedules, lists of contracts and deviations, rules and sample forms.
"Temporary service"
means service for enterprises or activities which are temporary in character or where it is known in advance that service will be of limited duration. Service, which in the opinion of the utility, is for operations of a speculative character or the permanency of which has not been established, also is considered temporary service.
"Tract or subdivision"
means an area for family dwellings which may be identified by filed subdivision plans or as an area in which a group of dwellings may be constructed about the same time, either by a large scale builder or by several builders working on a coordinated basis.
"Utility"
means the Rancho Cucamonga Municipal Utility (RCMU). RCMU is responsible for the management and operation of the utility on behalf of the residents and businesses of the city.
"Utilities administrative resource manager"
means the utilities administrative resource manager appointed by the director of utilities/city engineer or designee.
"Utility operating convenience"
means and refers to the utilization, under certain circumstances, or facilities or practices not ordinarily employed which contributes to the overall efficiency of utility operations; it does not refer to customer convenience nor to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules or regulations, or similar requirements of public authorities.
"Violence"
means and includes, but is not limited to, death or injury with a weapon, inflicting bodily harm, allowing animals to attack, physically detaining an employee against his or her will, and/or tearing employee's clothing.
"X-ray service"
means service to any apparatus transforming electric energy into radiation similar to light but having wavelengths from 0.0006 to 2 angstroms.
Zone.
Zones are defined by zip code for purposes of establishing discretionary service fees.
(Code 1980, § 3.46.020; Ord. No. 736, § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
General.
1. 
The character of service available at any particular location should be ascertained by inquiry at the utility's office.
2. 
The rate schedules included in this chapter are applicable to both electric service and utility services provided beyond the utility's point of delivery.
3. 
The rate schedules included in this chapter are applicable for service where the customer purchases its entire electrical requirements from the utility, except where such schedules specifically provide otherwise, and are not applicable where a part of the customer's electrical requirements are supplied from some other source.
4. 
The rate schedules included herein are only applicable for service provided from underground distribution facilities, except where schedules specifically provide otherwise.
5. 
Alternating current service of approximately 60-cycle frequency will be supplied.
6. 
Voltages referred to in the tariff schedules are nominal voltages.
7. 
Each service shall have a service main disconnecting device with an ampere rating equal to or less than the ampere rating of the underground pull section and the service conductors. The total ampere rating of the service main disconnecting devices, including taps to underground pull section, shall be equal or less than the ampere rating of the service conductors.
B. 
Phase and voltage specifications.
1. 
Customer service voltages.
a. 
Under all normal load conditions, distribution circuits will be operated so as to maintain secondary service voltage levels to customers within the voltage range specified below:
Nominal Two-Wire and Multi-Wire Service Voltage
Minimum Voltage to All Services
Maximum Service Voltage on Residential and Commercial Distribution Circuits
Maximum Service Voltage on Agricultural and Industrial Distribution Circuits
120
114
120
126
208
197
208
218
240
228
240
252
277
263
277
291
480
456
480
504
b. 
Exceptions to voltage limits. Voltage may be outside the limits specified when the variations:
(1) 
Arise from the temporary action of the elements;
(2) 
Are infrequent momentary fluctuations of a short duration;
(3) 
Arise from service interruptions;
(4) 
Arise from temporary separation of parts of the system from the main system;
(5) 
Are from causes beyond the control of the utility.
2. 
Customer utilization voltages.
a. 
All customer-owned utilization equipment must be designed and rated in accordance with the following utilization voltages specified by the American National Standard C84.1 if customer equipment is to give fully satisfactory performance.
Nominal Utilization Voltage
Minimum Utilization Voltage
Maximum Utilization Voltage
120
110
125
208
191
216
240
220
250
277
254
289
480
440
500
b. 
The difference between service and utilization voltage is allowances for voltage drop in customer wiring. The maximum allowance is four volts (120-volt base) for secondary service.
c. 
Minimum utilization voltages from American National Standard C84.1 shown for customer information by the utility has no control over voltage drop in customer's wiring.
d. 
The minimum utilization voltages shown subsection (B)(2)(a) of this section, apply for circuits supplying lighting loads. The minimum secondary utilization voltages specified by American National Standard C84.1 for circuits not supplying lighting loads by 90 percent of nominal voltages (180 volts on 120-volt base) for normal service.
e. 
Motors used on 208-volt systems should be rated 200 volts or (for small single-phase motors) 115 volts. Motors rated 230 volts will not perform satisfactorily on these systems and should not be used. Motors rated 220 volts are no longer standard, but many of them were installed on existing 208-volt systems on the assumption that the utilization voltage would not be less than 187 volts (90 percent of 208 volts).
3. 
Single-phase service.
a. 
General.
Voltage
Minimum Load Required
Maximum Load Allowed
120 volts
None
1-15 amp and 1-20 amp branch circuit
120/240 or 240 volts
None
400 amp main switch
240/480 volts
15kVA
200 amp main switch
2,400 volts or over
Varies with location
40 amp main switch
b. 
The maximum size 120-volt single-phase motor allowed is one hp, and the maximum size 140-volt, or higher voltage, single-phase motor allowed is ten hp.
c. 
Single-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified in this section, provided the approval of the utility has been first obtained as to the number and size of switches, circuits and related facilities. 120/240 volt installations will be supplied by one of the following methods as determined by the utility:
(1) 
From two or three separate 120/240 volt service connections at one location. Energy so supplied will be totalized for billing purposes. The connected load on any service connection shall not be greater than twice that on any other service connection;
(2) 
From one 120/240 volt connection where the proposed main service switch does not exceed 600 amperes capacity.
d. 
Where RCMU maintains four-wire wye-connected 120/208 volt secondary mains, single-phase service is supplied at 120/208 volts, three-wire, for which the maximum allowed is a 200 ampere main switch. Loads in excess of a 200 ampere main switch will be supplied at 120/208 volts, four-wire.
4. 
Three-phase service.
a. 
General.
Voltage
Minimum Connected Load Required
Maximum Demand Allowed
Maximum Main Switch Capacity Allowed
240 volts
3 kVA
1,000 kVA
4,000 amperes
277/480 volts
25 kVA
3,000 kVA
4,000 amperes
2,400 volts or 4,160 volts
Varies w/location
12,000 kVA
3,000 amperes
12,000 volts or 16,500 volts
Varies w/location
30,000 kVA
Not specified
b. 
Where three-phase service is supplied from a four-wire wye-connected 120/208 volt service, the maximum demand allowed is 1,000 kVA.
c. 
Service to all loads of 1,000 kVA maximum demand, or over, must be approved by the utility as to adequacy of facilities for service.
d. 
Loads on three-phase service must be balanced between phases in accordance with good engineering practice.
e. 
Three-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified in this section, provided approval of the utility has first been obtained as to the number and size of switches, circuits and related facilities. Such service will be supplied from two or three separate service connections at one location. Energy supplied in this manner will be totalized for billing purposes. The loads will be balanced as closely as practicable between the services.
5. 
Combined single-phase service and three-phase service.
a. 
Service may be supplied at 120/208 four-wire wye-connected where the utility does not maintain four-wire secondary poly-phase mains, provided:
(1) 
Written application is made for such service by the customer;
(2) 
The customer's load is of such a size as to require an individual transformer installation of not less than 15 kVA of transformer capacity; and
(3) 
A customer provides space acceptable to the utility on this premises to accommodate the installation of the utility's facilities when, in the opinion of the utility, such space is considered necessary.
b. 
In underground areas where the utility maintains 120/208 volt or 240-volt three-phase mains, service may be supplied at 277/480 volts, four-wire, provided:
(1) 
Written application is made for such service by the customer; and
(2) 
The customer provides space acceptable to the utility on his or her premises to accommodate the installation of the utility's facilities when, in the opinion of the utility, such space is considered necessary.
c. 
The maximum demand allowances for combined single-phase and three-phase are as set forth in subsection (B)(3) of this section.
6. 
At the option of the utility, the above voltage and phase specifications may be modified because of the service conditions at the location involved.
C. 
Motor protection and equipment. Customer's motor equipment must conform to the following requirements:
1. 
Motors that cannot be safely subjected to full-rated voltage on starting or that drive machinery of such a nature that the machinery, itself, or the product it handles will not permit the motor to resume normal speed upon restoration of normal supply voltage shall be equipped with devices that will disconnect them from the line upon failure of supply voltage and that will prevent the automatic reconnection of the motors upon restoration of normal supply voltage.
2. 
All motors of one hp or larger shall be equipped with thermal relays, fuses or other automatic overcurrent interrupting devices to disconnect completely such motors from the line as a protection against damage due to overheating.
3. 
Three-phase motors driving elevators, hoists, tramways, cranes, conveyers or other equipment, which would create hazard to life in the event of uncontrolled reversal of motor rotation, shall be provided with reverse-phase and open-phase protection to disconnect completely the motors from the line in the event of phase reversal or loss of one phase.
4. 
Wind machines thermostatically controlled with automatic reclosing switches must be equipped with suitable time-delay devices, as hereinafter specified, at the customer's expense, to permit the required adjustment of the time of re-closure after interruption of service.
A suitable time-delay device, within the meaning of this section, is a relay or other type of equipment that can be preset to delay with various time intervals the re-closing of the automatic switches (and the consequent starting up of the electric motors on the wind machines) and to stagger the reconnection of the load on the utility's system, and such device must be constructed so as effectively to permit a variable overall time interval of not less than five minutes with adjustable time increments of not greater than ten seconds. The particular setting to be utilized for each separate installation is to be determined by the utility from time to time in accordance with its operating requirements, and the customer is to obtain from the utility the setting for each installation as thus determined.
D. 
Allowable motor starting currents.
1. 
The starting current drawn from the utility's lines shall be considered the nameplate locked rotor current or that guaranteed by the manufacturer. At its option the utility may determine the starting current by test, using a stop ammeter with not more than 15 percent overswing or an oscillograph, disregarding the value shown for the first ten cycles subsequent to energizing the motor.
2. 
If the starting current for a single motor exceeds the value stated in the following tables, reduced voltage starting or other suitable means must be employed at the customer's expense, to limit the current to the value specified, except where specified exemptions are provided in subsection (D)(2), 3, and 4 of this section.
TABLE 1
Alternating Current — Single-Phase Motors
Allowable Locked Rotor Currents
Standard Nominal Voltages of the Utility:
Rated Size
120 Volts
240 Volts
1 hp and less
50 amperes
36 amperes
1½ hp
48 amperes
2 hp
60 amperes
3 hp
80 amperes
5 hp
120 amperes
7½ hp
170 amperes
10 hp
220 amperes
TABLE 2
Alternating Current — Three-Phase Motors
Allowable Locked Rotor Currents
Rated Size
240 Volts
480 Volts
2,400 Volts
3 hp 64 amperes
32 amperes
5 hp 92 amperes
46 amperes
7½ hp 127 amperes
63 amperes
10 hp
162 amperes
81 amperes
15 hp
232 amperes
116 amperes
20 hp
290 amperes
145 amperes
25 hp
365 amperes
183 amperes
30 hp
435 amperes
218 amperes
40 hp
580 amperes
290 amperes
50 hp
725 amperes
363 amperes
70 amperes
60 hp
435 amperes
87 amperes
75 hp
535 amperes
107 amperes
100 hp
725 amperes
142 amperes
a. 
Over 100 hp — The utility should be consulted for allowable locked rotor currents.
b. 
Where service conditions permit, subject to the utility's approval, reduced-voltage starters may be omitted in the original installation until such time as the utility may order the installation of a reduced-voltage starter to be made, and, similarly, the utility may at any time require starting current values lower than set forth herein where conditions at any point on its system require such reduction to avoid interference with service.
c. 
Reduced-voltage starters may be omitted on any motor of a group installation provided that its starting current does not exceed the allowable starting current of the largest motor of the group.
d. 
A reduced-voltage starter may be omitted on any motor in a group installation provided that its starting current does not exceed three times the maximum demand in amperes of the entire installation.
E. 
Interference with service.
1. 
Customers who operate equipment which causes detrimental voltage fluctuations (such as, but limited to, hoists, welders, radio transmitters, X-ray apparatus, elevator motors, compressors and furnaces) must reasonably limit such fluctuations upon request by the utility. The customer will be required to pay for whatever corrective measures are necessary.
2. 
Prior to the installation of any new arc furnace or design modification of an existing furnace, the customer shall provide basic design information for the installation to aid the utility in determining a method of service and the allowable level of load fluctuations.
3. 
Any customer who superimposes a current of any frequency upon any part of his or her electrical system, other than the current supplied by the utility shall, at his or her expense, prevent the transmission of such current beyond his electrical system.
F. 
Power factor. The utility may require the customer to provide, at his or her own expense, equipment to increase the operating power factor of each complete unit of neon, fluorescent or other gaseous tube lighting equipment to not less than 90 percent, lagging or leading.
G. 
Wave form. The utility may require that the wave form of current drawn by equipment of any kind be in conformity with good engineering practice.
H. 
Added facilities.
1. 
Where an applicant requests and the utility agrees to install facilities which are in addition to, or in substitution for the standard facilities the utility would normally install, the costs thereof shall be borne by the applicant. Such costs shall include continuing ownership costs as may be applicable. Unless otherwise provided by the utility's filed tariff schedules, these added facilities (special facilities) will be installed, owned and maintained or allocated by the utility solely as an accommodation to the applicant. Added facilities are defined as:
a. 
Facilities requested by an applicant which are in addition to or in substitution for standard facilities which the utility would normally provide for delivery of service at one point, through one meter at one voltage class under its tariff schedules; or
b. 
A pro rata portion of the facilities requested by an applicant, allocated for the sole use of such applicant, which would not normally be allocated for such sole use.
Added facilities may include, but are not limited to, all types of equipment normally installed by the utility in the development of its electrical distribution systems and facilities or equipment related to the utility's provision of service to a customer or a customer's receipt or utilization of the utility's electrical energy. Added facilities also include the differential costs for equipment for electrical distribution systems designed by the utility which, in the utility's sole opinion, is in excess of equipment required by the utility's standard serving system. Added facilities may include poles, lines, structures, fixtures, transformers, service connections, load control devices and meters. However, the installation of meters capable of recording and providing interval data that are in addition to or in substitution for standard meters shall be provided under the provisions of subsection J of this section.
2. 
Added facilities will be installed under the terms and conditions of a contract in the form on file with the utility. Such contract will include, but is not limited to, the following terms and conditions:
a. 
Where new facilities are to be installed for applicant's use as added facilities, the applicant shall advance to the utility the additional installed costs of the added facilities over the cost of standard facilities.
b. 
The following monthly ownership charges include a replacement component into perpetuity and are applicable to added facilities contracts:
(1) 
Applicants being served by the utility-financed added facilities shall pay a monthly charge of 1.46 percent of the cost associated with the added facilities;
(2) 
Applicants being served by the customer-financed added facilities shall pay a monthly charge of 0.47 percent of the cost associated with the added facilities;
(3) 
Where existing facilities are allocated for applicant's use as added facilities, the applicant shall pay a monthly charge for the added facilities of 1.46 percent of the utility's reconstruction cost new less depreciation value of that portion of the existing facilities which are allocated to the customer as added facilities.
c. 
Where the utility agrees to provide replacement options, the applicant shall pay the following monthly ownership charges:
RCMU-Financed
Without replacement perpetuity
With replacement 20-year term
Monthly Rate
1.33%
1.34%
Customer Financed
Without replacement perpetuity
With replacement 20-year term
Monthly Rate
0.33%
0.35%
Under these options, where existing facilities are allocated for applicant's use as added facilities, the applicant shall pay a monthly ownership charge equal to the applicable RCMU-financed monthly rate. The RCMU-financed monthly rate will be applied to RCMU's reconstruction cost new less the depreciation value of that portion of the existing facilities which are allocated to the customer as added facilities.
d. 
Where the utility determines the collection of continuing monthly ownership charges is not practicable, the applicant will be required to make an equivalent one-time payment in lieu of the monthly ownership charge. The applicable payment options, if any, will be selected solely by the utility.
e. 
All monthly ownership charges shall be reviewed and re-filed with the city council when changes occur in the utility's costs for providing such service. However, the utility will not refile if the utility's cost change is less than ten basis points.
3. 
The utility shall not be liable for any loss, damage, or injury arising from the utility's installation, operation, maintenance, or control of the added facilities, unless such loss, damage or injury results from the utility's sole negligence, and, in no event, shall the utility be liable for loss of profits, revenues or other consequential damages. No adjustment shall be made to reduce the billings if damage to, or malfunction of, the added facilities result from any cause other than the negligence or willful acts of the utility.
I. 
Welder service.
1. 
Rating of welders. Electric welders will be rated for billing purposes as follows:
a. 
Generator arc welders. The horsepower rating of the motor driving a motor generator type arc welder will be taken as the horsepower rating of the welder.
b. 
Transformer arc welders. Nameplate maximum kVA input (at rated output amperes) will be taken as the rating of transformer type arc welders.
c. 
Resistance welders. Resistance welder ratings will be determined by multiplying the welder transformer nameplate rating (at 50 percent duty cycle) by the appropriate factor listed below:
Factor
Type of Welder
Transformer Nameplate +Rating @ 50% Duty Cycle
Utility-Owned Distribution Transformer
Customer-Owned Distribution Transformer
Rocker Arm, Press or Projection Spot
20 kVA or less
0.60
0.50
Rocker Arm or Press Spot
Over 20 kVA, incl.
Projection Spot
21 to 75 kVA, incl.
0.80
0.60
Flash or Butt
100 kVA or over
Seam or Portable Gun
All sizes
Flash or Butt
67 to 100 kVA, incl.
*
Project Spot
Over 75kVA
Flash or Butt
66 kVA or less
1.20
0.90
*
Each flash or butt welder in this group will be rated at 80 kVA where the distribution transformer is owned by the utility or 60 kVA where the distribution transformer is owned by the customer.
d. 
Ratings prescribed by subsection (I)(1)(a), (b) and (c) of this section normally will be determined from nameplate data or from data supplied by the manufacturer. If such data are not available or are believed by either the utility or customer to be unreliable, the rating will be determined by test.
e. 
If established by seals approved by the utility, the welder rating may be limited by the sealing of taps which provide capacity greater than the selected tap and/or by the interlocking lockout of one or more welders with other welders.
f. 
When conversion of units is required for tariff application, one welder kVA will be taken as one horsepower for tariffs stated on a horsepower basis and one welder kVA will be taken as one kilowatt for tariffs stated on a kilowatt basis.
2. 
Billing of welders. Welders will be billed at the regular rates and conditions of the tariffs on which they are served subject to the following provisions:
a. 
Connected load type of schedule. Welder load will be included as part of the connected load with ratings as determined under subsection (I)(1) of this section based on maximum load that can be connected at any one time and no allowance will be made for diversity between welders.
b. 
Demand metered type of schedule. Where resistance welders are served on these schedules, the computation of diversified resistance welder load shall be made as follows:
Multiply the individual resistance welder ratings, as prescribed in subsections I.1.c through I.1.f of this section, by the following factors and add the results thus obtained:
1.0 times the rating of the largest welder
0.8 times the rating of the next largest welder
0.6 times the rating of the next largest welder
0.4 times the rating of the next largest welder
0.2 times the rating of all additional welders
If this computed diversified resistance welder load is greater than the metered demand, the diversified resistance welder load will be used in lieu of the metered demand for rate computation purposes.
J. 
Interval metering and other metering facilities as added facilities.
1. 
This subsection is applicable to the installation of interval metering and/or metering facilities that are not part of other transmission and distribution facilities installed as added facilities under subsection H of this section.
2. 
Interval metering and/or metering facilities may include, but are not limited to, the components as defined in section 3.46.020 under "interval metering" or "metering facilities."
3. 
Where a customer elects, and the utility agrees, the utility will install, own, and maintain interval metering and/or metering facilities which are in addition to, or in substitution for, standard equipment for the customer's use. The costs of such equipment shall be borne by the customer.
4. 
The costs of interval metering shall be at the customer's cost.
5. 
Interval metering and/or metering facilities charges.
a. 
Interval metering and/or metering facilities will be installed, owned, and maintained under the terms of and conditions of a contract. Where a customer requests, the utility may agree to finance the interval metering and/or metering facilities.
b. 
Other charges. For utility-owned interval metering and/or metering facilities, the customer shall pay the maintenance and testing charges in accordance with the rates and charges listed in the schedule of electric fees and charges adopted by resolution by the city council. This charge shall include repair and/or replacement of the interval metering and/or metering facilities, as necessary to provide for continued operation. The customer shall remain liable for repair or replacement due to damage from misuse, or hazards such as fire, theft or vandalism. The customer shall pay the maintenance and testing charges for the interval metering and/or metering facilities during the useful life of such equipment, under the terms and conditions set out in the IMMFA.
c. 
The utility will update the installation, purchasing, maintenance and testing costs, and the monthly capital-related charges when changes occur in the utility's costs for providing such services and will file these updates with the city council.
K. 
Change of connected load. If a customer plans to make any significant change either in the amount or character of the electrical load connected to their service, the customer shall give the utility written notice in sufficient time for the utility to modify its service facilities, if necessary, before the customer makes the changes. The cost of modifying the utility's facilities will be charged to the customer in accordance with section 3.46.170.
(Code 1980, § 3.46.030; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Application for service.
1. 
All applicants for electric service have given implied consent to receive such service only upon agreeing to comply with the rules and regulations of the utility. Each applicant for electric service may be required to sign an application on a form provided by the utility; however, at the option of the utility, an oral request for service may be accepted. Each applicant may be required to furnish the following information:
a. 
Legal name of applicant;
b. 
Date and place of application;
c. 
Location of premises to be served;
d. 
Social security number or tax ID number;
e. 
Purpose for which electric service is to be used;
f. 
Address to which bills are to be mailed or delivered;
g. 
Whether applicant is tenant of, or agent for, the premises;
h. 
Square footage of space to be sewed and typical hours of operation;
i. 
Desired service voltage and main switch size;
j. 
A completed electric information sheet and city-approved plans for the premises to be served;
k. 
Rate schedule desired where an optional rate is available;
l. 
Information to establish credit-worthiness of the applicant;
m. 
Information pertinent to the design, installation, maintenance or operation of facilities, and to the administration of the utility's electric tariffs;
n. 
Such other information as the utility may reasonably require.
2. 
If an existing electric service connection is found to be inactive at the time of application, which may include, but not be limited to, damages to the connection and/or replacement of the meter, an assessment will be made of the electric service connection and a fee shall be charged on a time and material basis to recover the cost of re-establishing the service to an active status.
3. 
A new account setup fee shall be charged to offset the cost of creating accounting and computer records, reading the meter and/or turning on the electric service and shall be included on the first utility bill of all new accounts. The charge for the new account setup fee is set forth in the rate schedule.
4. 
The application is a request for service and does not in itself bind the utility to serve except under its filed tariff, nor does it bind the applicant/customer to take service for a longer period than the minimum requirements of the rate schedule. A contract will be required as stated in this section or in any applicable tariff.
5. 
Upon acceptance and approval of the application, the utility agrees to furnish and the applicant agrees to take electric service in accordance with the utility's applicable tariff schedule. These tariff schedules constitute the terms and conditions of the agreement between the utility and the applicant/customer for public utility electric service provided, unless agreed otherwise in writing.
B. 
Individual liability for joint service. Two or more persons who join in one application or contract for service shall be jointly and severally liable under this section and shall be billed by means of a single periodic bill mailed to the person designated on the application to receive the bill. Whether or not the utility obtained a joint application, where two or more persons occupy the same premises, they shall be jointly and severally liable for bills for electric energy supplied.
C. 
Change in customer's equipment or operations. Customers shall give the utility written notice of the extent and nature of any material change in the size, character or extent of the utilizing equipment or operations for which the utility is supplying service before making any such change.
D. 
Refusal to provide service. The utility may disconnect or refuse to provide service to the applicant if the conditions upon the applicant's premises indicate that false, incomplete, or inaccurate information was provided to the utility or the acts of the applicant or anyone on the premises creates an unsafe situation for the utility's employee. The utility shall provide the applicant the reason for such refusal.
(Code 1980, §3.46.040; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
When service contracts are required. A contract or agreement to take and pay for electric service will not be required as a condition precedent to service except:
1. 
Where required by provisions contained in the tariff schedules, in which case the term of the contract will be that specified;
2. 
Where it is necessary to install a line extension, in which case a contract for a period of three years may be required; except that, when temporary service is to be supplied under the provisions of section 3.46.140, the contract will cover the period of contemplated operations, but not longer than three years.
B. 
When facilities contracts are required. A contract or agreement to pay for the use, installation or removal of facilities including, but not limited to, line extensions, street light installations, and special or added facilities will be required:
1. 
Where the provisions of the tariff schedules so specify, in which case the terms of the contract will be governed thereby;
2. 
Where any applicant or customer desires new or increased distribution facilities for temporary service, in which case the utility may require such person to pay to the utility, in advance or otherwise, the estimated cost installed, plus the estimated cost of removal, less the estimated salvage of the facilities necessary for furnishing service in accordance with the provisions of section 3.46.140;
3. 
Where a person, whether or not a customer, desires to have the utility modify, rearrange, relocate or remove any of its facilities, the utility, if it agrees to make such changes, may require the person, at whose request the changes are made, to agree to pay, in advance or otherwise, the cost to the utility of making the changes.
C. 
Nonstandard contracts or service agreements. Where the customer has any outstanding nonstandard contracts or service agreements with the utility, or any nonstandard service account or meter service arrangements for the customer's convenience or for the utility's operating convenience, the utility may, at its discretion, require the customer to:
1. 
Modify the nonstandard service account or meter service arrangements; or
2. 
Terminate the contract, agreement or arrangement because of conflicts with other tariff provisions.
(Code 1980, § 3.46.050; Ord. No. 736 § 2, 2004)
A. 
Contracts. Each agreement or contract form for electric service or installation of facilities will contain the following provision: "This contract shall at all times be subject to such changes or modifications by the city council as said city council may from time to time direct in the exercise of its jurisdiction."
B. 
Customer's bill. Information will be printed on each bill or summary bill for electric service or will indicate how to obtain such information. The information either printed or supplied will include substantially the following:
1. 
Your bill or summary bill is due and payable upon presentation. Payment should be made to the Rancho Cucamonga Municipal Utility's offices or an authorized agent.
2. 
Should you question this bill or summary bill, please request an explanation and/or investigation from the Rancho Cucamonga Municipal Utility by calling (909) 919-2612.
3. 
Any customer who has initiated a complaint or requested an investigation within five days of receiving a contested bill or summary bill for service shall be given an opportunity for review of such complaint or investigation by a review manager of RCMU.
4. 
If, after a determination by RCMU, you believe you have been billed incorrectly, the amount of the bill or summary bill should be deposited with the Rancho Cucamonga City Council in c/o the City Clerk's Office, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730, to avoid discontinuance of service. Make remittance payable to the city, and attach the bill or summary bill and a statement supporting your belief that the bill or summary bill is not correct. The director will review the basis of the billed amount and make disbursement in accordance with its findings. Further appeal may be filed under the city council's formal procedure.
5. 
The schedule or code number of the rate under which service is billed.
C. 
Discontinuance of service notice.
1. 
Every discontinuance of service notice for nonpayment of a delinquent account, as provided for in section 3.46.090, shall include substantially all of the following information:
a. 
The name and address of the customer whose customer account is delinquent;
b. 
The amount of the delinquency;
c. 
The date by which payment, or arrangement for payment, is required in order to avoid termination;
d. 
The procedure by which the customer may initiate a complaint or request an investigation concerning service or changes;
e. 
The procedure by which the customer may request amortization of the unpaid charges;
f. 
The telephone number of a representative of RCMU who can provide additional information or institute arrangements for payment.
2. 
The following will be printed on each discontinuance of service notice:
"Our records indicate that payment on your account is overdue. Under the rules established by the City of Rancho Cucamonga Municipal Utility, we are notifying you that we intend to terminate electric service on or after [Time, Date] at [Service Address]."
"This action is being taken because your bill is past due in the amount of [Dollar Amount], which includes a penalty of 0.9%. You may avoid termination by bringing your payment to our office at 10500 Civic Center Drive, Rancho Cucamonga, CA 91729."
"Payment must be received by the termination date. If the City does not receive payment and the service is terminated, you will be required to pay the total amount overdue plus a disconnection/reconnection fee and a deposit to restore service."
(Code 1980, § 3.46.060; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Establishment of service; all classes of service. In compliance with the city identity theft prevention program policy, pertinent information will be required from the applicant to establish an account in advance of receiving electric service, including:
1. 
Two forms of identification, at least one of which must be photo identification. The following are examples of the types of identifications that an applicant may provide to verify his or her identity when seeking to open an account: a valid state-issued driver's license, a valid state-issued identification card, a current passport, a social security card or a tax identification number.
2. 
A monetary guarantee in the form of a cash deposit equal to the rates and charges listed in the schedule of electric fees and charges adopted by resolution by the city council and a signed application as required in section 3.46.040.
B. 
Re-establishment of credit; all classes of service. If the utility has made a service call to disconnect the service for nonpayment of a delinquent bill, an additional charge shall be made to return service. Additionally, a deposit equal to three times the estimated monthly bill shall be required.
(Code 1980, § 3.46.070; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
General. Deposits will be required as set forth in section 3.46.070.
B. 
Amount of deposit.
1. 
The amount of deposit required to establish credit for electric service shall be equal to the rates and charges listed in the schedule of electric fees and charges adopted by resolution by the city council.
2. 
In the event that a customer of the utility has diverted electricity ("energy theft"), a separate deposit shall be assessed. This deposit shall be twice the amount of the estimated loss to the utility resulting from the diversion, but in no case shall the amount be less than the minimum diversion deposit.
C. 
Payment of deposit. Deposits are due upon application for service and delinquent 14 days later. Deposits will not be used as payment for past-due bills to avoid discontinuance of service.
D. 
Return of deposit.
1. 
Deposits may be returned after the customer has paid bills for service for 12 consecutive months, without having received a delinquent notice. The deposit shall be credited towards any outstanding charges.
2. 
All other deposits shall be retained by the utility until the electric service has been terminated at the request of the customer or by the utility pursuant to these rules and regulations. Upon service termination, the utility shall credit the deposit towards payment of any outstanding charges due and owing by the customer. After the utility has made such credit, any remaining portion shall be refunded to the customer.
E. 
Service turn-on charge.
1. 
A service turn-on shall be made for turning on electric service during normal business hours on the following workday. There will be an additional charge for same day and after hours turn-on of service or special appointment turn-on service (the special appointment turn-on charge will apply if a specific time is requested and will not apply to the normal four-hour window appointment) when specifically requested by the customer. A service charge will be assessed for each additional field visit required to complete the service turn-on order. After-hours for fee assessment purposes are legal holidays and hours outside the following time periods: 8:00 a.m. to 4:00 p.m. Monday through Friday and 9:00 a.m. to 1:00 p.m. Saturdays.
2. 
The utility shall not be liable for any loss or damage caused by the improper installation, maintenance or malfunctions of any electric apparatus or appliance, or for damage caused by the turning on and off of electric service by the utility.
(Code 1980, § 3.46.080; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Notices to customers. When notices from the utility to a customer are required, they will normally be given in writing, either mailed to the address specified in the customer's application for service or to any address subsequently specified by the customer or delivered to him or her or posted in the local newspaper of record, except that in emergencies the utility may give notices in the manner most suitable under the existing conditions (radio, television, telephone, etc.). The discontinuance of service notice for nonpayment of a delinquent account shall be mailed as stated above at least five calendar days prior to proposed termination of nondomestic service. All procedures as required by law shall be exercised.
B. 
Notices from customers. Notices from a customer to the utility may be given by written communication mailed to the utility's office or may be given orally by the customer or the customer's authorized agent at the utility's office, except when written notice is specifically required in tariff schedules or in any writ-ten agreement.
(Code 1980, § 3.46.090; Ord. No. 736 § 2, 2004)
A. 
Rendering of bills.
1. 
Metered service.
a. 
Bills for metered service will be based on meter registrations. Meters will be read as required for the preparation of regular bills, opening bills and closing bills. It may not be possible to read meters on the same day of the month or at intervals of equal numbers of days.
b. 
If, because of unusual conditions or for reasons beyond its control, the utility is unable to read the meter on the scheduled reading date, the utility may bill the customer or those deriving the benefit of service for estimated consumption during the billing period, and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the customer's prior usage, the utility's experience with other customers of the same class in that area, and the general characteristics of the customer's operations. Adjustments for any underestimation or overestimation of a customer's consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation was required. When a service start date can be reliably estimated, the undercharge can be computed back to that date, exclusive of section 3.46.180. Access to the meter, sufficient to permit it being read, shall be provided by the customer as a prerequisite to the utility making any adjustment of consumption billed on an estimated basis.
2. 
Service period. Bills for electric service will normally be rendered on a monthly basis; except that the utility may render bills more or less frequently at the option of the utility.
3. 
Daily rate schedules. Bills for accounts on rate schedules with daily charges will be billed on a daily basis and will be computed on the number of days in the service period. No pro rata computation is required.
4. 
Monthly rate schedules. Bills for accounts on rate schedules with monthly charges will normally be billed for a monthly billing period.
a. 
Monthly billing period. A monthly billing period will contain 27 to 33 days. Bills for accounts that are normally billed for a monthly billing period, including accounts based on measured monthly demand, will be calculated on pro rata computation for other than a monthly billing period.
b. 
Pro rata computation. When a pro rata computation is made, the billing will be computed in accordance with the rate schedule, but the size of the energy blocks and the amount of the monthly charges and credits specified therein, will be prorated on the basis of the ratio of the number of days in a monthly billing period. For this purpose, an average month of 30 days may be used, unless otherwise provided in the schedule of electric fees and charges adopted by resolution by the city council.
B. 
Readings of separate meters not combined. For the purpose of billing, each meter upon the customer's premises will be considered separately, and the readings of two or more meters will not be combined, except as follows:
1. 
Where combinations of meter readings are specifically provided for in the tariff schedules;
2. 
Where the utility's operating convenience requires the use of more than one meter.
C. 
Payment of bills. Electric bills, including service and penalty charges, are due and payable on presentation, and payment should be received at the office of the utility or by a representative or agent authorized by the utility. Accepted methods of payment are as follows:
1. 
Checks sent via the U.S. mail to the address on the payment stub; or
2. 
Checks, money orders, or cash paid at the utility payment office or an authorized payment location; or
3. 
Any other means mutually agreeable to the utility and the customer.
D. 
Returned check. The utility may require payment of a returned check charge equal to that permitted under law for any check returned from the bank unpaid, as set forth in the schedule of electric fees and charges adopted by resolution by the city council. The returned check charge shall also apply to any forms of payment that are subsequently dishonored. If the returned item was returned for payment on a prior 48-hour notice of disconnection, service may be terminated without further notice.
E. 
Late payment. A late payment charge of 0.9 percent may be applied to the total unpaid balances of a customer account if the customer's payment is not received by the date indicated on the customer account bill.
F. 
Field visit. The utility may require payment of a field visit service charge, no more than once per account per billing period, when an authorized utility representative makes a call to a customer's premises because of the customer's failure to pay in accordance with sections 3.46.070 or 3.46.120. This field visit service charge may be required if the call resulted in granting an extension, a field collection, or disconnection of service. If the field visit service charge is required, it will appear on the customer's next regular bill.
G. 
Privacy of customer information. To preserve a customer's privacy when receiving and paying electric bills through the internet, the utility shall not release confidential information, including financial information, to a third party without an electronic signature or voice/written consent from the customer.
(Code 1980, § 3.46.100; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Customers who believe their bill is in error must first contact the utility by telephone or in writing within five days after receiving the bill and initiate a complaint or request an investigation concerning the bills. After that period, the bill is considered payable as rendered.
B. 
If, after contact with the utility, the customer believes the bill is still incorrect, the customer must, within ten days after receiving the explanation from the utility, send his or her remittance for the entire amount of the disputed bill along with a written statement setting forth the reasons why the customer believes the bill is incorrect to: City of Rancho Cucamonga Municipal Utility, 10500 Civic Center Drive, Rancho Cucamonga, California 91730.
C. 
Failure of the customer to file a written statement with the utilities division manager within ten days after receipt of the explanation from the utility will constitute acceptance by the customer of the bill as rendered, and authorize discontinuance of service in accordance with section 3.46.120.
D. 
If before completion of the utilities division manager's review, additional bills become due which the customer wishes to dispute, the customer will not be required to file the dispute with the utility, as stated above, but will be required to send his or her remittance for the entire amount of the additional bills disputed to: City of Rancho Cucamonga Municipal Utility, 10500 Civic Center Drive, Rancho Cucamonga, California 91730, and file additional written statements within ten days after receipt of such bills setting forth the reasons why the customer believes the additional bills are incorrect. Failure to do so will authorize discontinuance of service in accordance with section 3.46.120. The utilities administrative resources manager will not, however, accept deposits if the underlying dispute appears to be over matters that do not directly relate to the accuracy of the bill.
E. 
Upon timely receipt of the written statement, the utilities administrative resources manager or designee will review the basis of the billed amount and communicate the results of the review and decision to the customer.
F. 
Any customer, whose complaint or request for investigation regarding a bill for electric service results in an adverse determination by the utilities administrative resources manager, may appeal such determination, after receiving the explanation from the utilities administrative resources manager, by sending a written statement within ten days of the mailing of the explanation setting forth the reasons why the customer believe the investigation is incorrect. The customer must send this statement to the Director of Utilities/City Engineer, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Upon timely receipt of the written statement, the director of utilities/city engineer, or his or her representative will determine if the review manager's investigation was thorough and complete, addressing the aspects of the billing dispute. The results will be communicated to the customer in writing.
G. 
If the billing dispute is not satisfactorily resolved with the director of utilities/city engineer or his or her representative, the customer may request a review by the city manager by sending a written statement within five days of mailing the director of utilities/city engineer's determination to: City Manager, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Upon timely receipt of this written statement, the city manager will make his or her determination and communicate the determination to the customer in writing.
H. 
If the customer is not satisfied with the findings of the city manager, the customer may appeal to the city council. The appeal must be submitted in writing to the city clerk, together with the reasons for the dispute within ten days following mailing of the city manager's determination. In the absence of a timely filed appeal, the city manager's determination will be final. Upon receipt of a timely appeal, the matter will be reviewed by the city council within 45 days of receipt. A written decision of the city council shall be delivered to the customer by personal delivery or certified mail within 15 days following the appeal hearing.
(Code 1980, § 3.46.110; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Past due bills. Electric bills, including service and penalty charges, are due and payable upon deposit by utility in the U.S. mail ("date billed"), and shall be delinquent 19 calendar days after that date. Upon delinquency, the utility shall mail a second billing in the form of a delinquent notice. Service may be discontinued if the bill is not paid within the time required by such notice.
B. 
Nonpayment of bills.
1. 
All delinquent accounts unpaid at the close of business on the 24th calendar day after the date billed shall have electric service discontinued on the 26th day after said date without further notice. Any customer who contests a bill and has initiated a complaint or requested an investigation within five days of receiving said bill shall not have service discontinued for nonpayment during the pendency of an investigation by the utility of such customer's dispute or complaint, provided the customer also keeps current the account for utility services as charges accrue in each subsequent billing period. Services shall not be discontinued for nonpayment for any customer complying with an amortization agreement entered into with the utility, provided the customer also keeps current the account for utility services as charges accrue in each subsequent billing period. If a customer fails to comply with an amortization agreement, the utility will give a seven-day discontinuance of service notice before discontinuing service, but such notice shall not entitle the customer to further investigation by the utility.
2. 
If a customer is receiving more than one service, any or all services may be discontinued when any service, regardless of location, is discontinued for nonpayment.
3. 
Under no circumstances may service be discontinued for nonpayment of a bill to correct previously billed incorrect charges for a period in excess of the preceding three months, unless such incorrect charges have resulted from the customer not abiding by the tariff schedules.
4. 
On any Saturday, Sunday, legal holiday recognized by the utility, or at any time during which the business office of the utility is not open to the public, service will not be discontinued by reason of delinquency in payment for utility services.
C. 
Unsafe equipment. The utility may refuse or discontinue service to a customer if any part of the customer's wiring or other equipment, or the use thereof, shall be determined by the utility to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or if any condition existing upon the customer's premises shall be thus determined to endanger the utility's facilities, until it shall have been put in a safe condition or the violation remedied. The utility does not assume any responsibility for inspecting or repairing the customer's wiring or other equipment or any part thereof and assumes no liability therefor.
D. 
Service detrimental to other customers. The utility will not provide service to any premises, the operation of which will be detrimental to the service of the utility or its other customers, and will discontinue electric service to any customer after having been given notice by the utility to cease so doing.
E. 
Fraud. The utility may refuse or discontinue service if the acts of the customer or the conditions upon the customer's premises are such as to indicate any intent to defraud the utility. A fee will be collected for the investigation of acts of fraud and/or diversion.
F. 
Failure to establish or re-establish credit. If, for an applicant's convenience, the utility should provide service before credit is established or should continue service to a customer when credit has not been re-established in accordance with section 3.46.070, and the customer fails to establish or re-establish credit, the utility may discontinue service.
G. 
Noncompliance. Except as otherwise specifically provided in this section, the utility may discontinue service to a customer for noncompliance with tariff schedules if, after written notice of at least five days, the customer has not complied with the notice. The utility may dispense with the giving of such notice in the event there exists in the utility's opinion a dangerous condition, thus rendering the immediate discontinuance of service to the premises imperative.
H. 
Customer's request for service discontinuance. When a customer desires to terminate responsibility for service, the customer shall give the utility not less than two business days' notice of this intention, state the date on which the customer wishes the termination to become effective, provide access to the meter and provide the utility with the address to which the closing bill should be mailed. In the event access is not provided, the customer discontinuing service shall be held liable for all consumption until access is provided. A field visit service charge will be assessed for each additional trip (after original attempt to turn service off) required to complete the turn-off request. A customer may be held responsible for all service furnished at the premises until two business days after receipt of such notice by the utility or until the date of termination specified in the notice, whichever date is later.
I. 
Restoration; reconnection charge.
1. 
The utility will require payment of all past due bills, applicable service reconnection charges, and deposit before restoring service that has been disconnected for nonpayment of bills or for failure otherwise to comply with tariff schedules. If services have been illegally restored or damaged due to tampering, the customer must pay all damage charges prior to recommendation. The customer and/or beneficiary of service are responsible for all damage charges whether or not service is reconnected.
2. 
If it is necessary to verify funds prior to reconnect, an additional fund verification fee may be assessed. If funds can not be verified, the utility may require secured funds prior to reconnect.
3. 
If service is terminated, or if a notice of discontinuance has been given, the utility will require the customer to pay a deposit or an additional deposit equal to an estimated average three-month bill.
4. 
All reconnect service charges are cumulative and each trip to the premises will incur additional charges.
5. 
In the event anyone has turned on the electric service after it has been turned off for any of the above reasons, there shall be a charge in addition to other amounts due from the customer before service is restored.
6. 
If the meter is removed, a service charge will be billed in addition to other amounts due. An inspection will be required at the customer's expense (prior to re-installation of meter).
7. 
If service has been terminated by an electric crew at the overhead or underground, there will be an additional service charge prior to restoring the service.
8. 
The reconnection will be scheduled for the next working day. The amount of the reconnection charge and any additional charges for requests to reconnect service on the day of the request or outside regular business hours are as stated in the schedule of electric fees and charges adopted by resolution by the city council.
9. 
Service wrongfully terminated shall be restored without charge for the restoration of service, and a notification thereof shall be mailed to the customer at the billing address. The utility may refuse to reconnect service if the acts of the customer or anyone on the premises create an unsafe environment for the utility employees or representatives.
J. 
Unsafe environment. If the customer or anyone on the premises inflicts violence, as defined in section 3.46.020, or threatens with present ability to inflict violence upon an employee of the utility or its subcontractors, the utility may discontinue service to a customer after written notice of at least five days. The discontinuance of service may be avoided if the customer agrees to meet with the utilities administrative resource manager and/or law enforcement and the customer agrees to cease from any act of violence.
K. 
Discontinuance for use of electricity without application.
1. 
When a new occupant who has not applied for electric service takes possession of premises and finds the electric service turned on, the occupant shall notify the utility of such findings within one working day.
2. 
In the event the occupant turns on the electric service, or fails to notify the utility of finding the electric service turned on within one working day of occupancy, the occupancy will be billed for consumption back to the move-in date and owner shall be billed for any unresolved usage. If the premises are unoccupied, or the utility has not been notified of a new tenant by the owner, property manager, occupant or other representative of the owner, and electric service is in use, the owner of the property shall be held responsible for payment of the bill. It is the responsibility of the owner to verify that the utility service has been transferred into the name of the new occupant and to settle disputes of responsibility between the occupant and the owner.
3. 
In the event that the occupant is charged for usage where the amount charged will be determined by the utility, the amount billed will be based upon either the meter reading or on the basis of the estimated consumption for the length of time service was received by the occupant without proper application.
4. 
When the utility finds that electricity is being used without proper application, the utility may terminate the service without further notice. Any amount due in excess of the amount billed to the occupant shall be billed to the owner.
5. 
Only authorized utility personnel are permitted to turn the service on at the meter. If the occupant restores electric service, a self-restoral service fee may be imposed.
(Code 1980, § 3.46.120; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Effective rates. The rates charged by the utility for electric service are those on file with the utility's utilities administrative resources manager and are legally in effect. A copy of complete tariff schedules, as filed with the utilities administrative resources manager, shall be maintained for public inspection at the office of the utility.
B. 
Optional rates.
1. 
Where there are two or more rate schedules, rates or optional provisions applicable to the class of service requested by the applicant, the utility will call the applicant's attention, at the time application is made, to the several schedules, and the applicant must designate which rate schedule, rate, or optional provision the customer desires. When the customer notifies the utility of any material change in the size, character, or extent of utilizing equipment or operations, in accordance with section 3.46.040(C), the utility will, within a reasonable time, advise the customer of the resulting rate options. In the absence of the notification provided for in section 3.46.040(C), the utility assumes no responsibility for advising the customer of lower optional rates under other existing schedules, rates or optional provisions available as a result of the customer's changes in equipment or operations.
2. 
When an applicant for new service has applied for service under a mutually agreed upon rate schedule, the rate schedule will remain in effect for a minimum of three billing periods to determine the accuracy of the application of the rate.
C. 
New or revised rates. Should new or revised rates be established after the time application is made, the utility will, within a reasonable time, use such means as may be practicable to bring them to the at-tention of those of its customers who may be affected thereby.
D. 
Change of rate schedule.
1. 
A change to another applicable rate schedule, rate or optional provision will be made only where the customer elects to make such change, or where in the opinion of the utility, another rate schedule is more applicable.
2. 
Should a customer so elect, the change will be made, provided:
a. 
A change has not been made effective during the past 12-month period;
b. 
The change is made to, or from, a new or revised rate schedule;
c. 
There has been a change in the customer's operating conditions for that service which, in the opinion of the utility, justifies the change;
d. 
The change is not made more often than once in 12 months where service is being supplied under a schedule containing an annual fixed charge or an annual minimum charge; and
e. 
The customer has made the request by written notice to the utility.
3. 
The change will become effective for the billing period during which the customer has requested the change and is not subject to a retroactive adjustment, except when such change is the result of a utility error, in accordance with section 3.46.180.
E. 
Power cost adjustment factor (PCAF). The PCAF is a charge per kWh which is used:
1. 
To adjust the utility's electric rates for the actual cost of purchasing and generating electric power and energy to service the utility's customers; and
2. 
To minimize fluctuations in rates;
3. 
The energy charge per kWh in each rate schedule recovers the costs of purchasing and delivering power and energy from all suppliers of power and energy, other suppliers, and the cost of power from the utility's owned generating resources. The PCAF will reflect all changes in energy costs, including the following:
a. 
Changes in any component of the wholesale rate;
b. 
Changes in transmission and wheeling payments;
c. 
Changes in scheduling and dispatching payments;
d. 
Changes in contract incremental costs;
e. 
Changes in economy energy purchases;
f. 
Changes in take-or-pay obligations.
4. 
The PCAF as set forth in the tariff schedule shall be applied to kWh sold on and after the effective date, as also set forth below, and continuing thereafter until a new PCAF becomes effective. The amount to be added to or subtracted from each bill due to the PCAF shall be calculated by multi-plying the number of kWh for which the bill is rendered by the applicable PCAF. The PCAF, which may be either positive or negative, will be reviewed and revised monthly to reflect actual changes. The city council shall have responsibility for establishing the PCAF and its effective date.
F. 
Change of law adjustment factor (CLAF). Change in law means any change, modification, revision or adoption of:
1. 
Any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination by any court, regulatory agency or governmental authority of competent jurisdiction; or
2. 
Any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination, or interpretation thereof, which has been adopted, enacted, released or promulgated, which results in either partial or wholly new or different application of a pre-existing law. The CLAF is a charge or credit per kWh which is used to adjust the utility's electric rates for the impact of changes in law that would materially change the utility's revenue or expenses.
The CLAF as set forth in the tariff schedule shall be applied to each kWh sold on and after the effective date, or also set forth below, and continuing thereafter until a new CLAF becomes effective. The amount to be added to or subtracted from each bill due to the CLAF shall be calculated by multiplying the number of kWh for which the bill is rendered by the applicable CLAF. The CLAF, which may be either positive or negative, will be reviewed and revised quarterly to reflect actual changes in excess of a plus or minus ten percent of the amount stated in the tariff schedule. The city council shall have the responsibility for establishing the CLAF and its effective date.
G. 
Applicability. Unless otherwise stated in the rate schedule, the rate schedules of the utility are applicable only for service supplied entirely by the utility.
H. 
Definitions for this section. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Billing demand"
means the kilowatts of maximum demand, determined to the nearest kW. The demand charge shall include the following billing components: The time-related component shall be for the kilowatts of maximum demand recorded during (or established for) the monthly billing period; the facilities-related component shall be for the greater of the kilowatts of maximum demand recorded during (or established for) the monthly billing period or 50 percent of the highest maximum demand established in the preceding 11 months (ratcheted demand). However, when the utility determines the customer's meter will record little or no energy use for extended periods of time or when the customer's meter has not recorded a maximum demand in the preceding 11 months, the facilities-related component of the demand charge may be established at 50 percent of the customer's connected load.
"Excess transformer capacity"
means the amount of transformer capacity requested by a customer in excess of that which the utility would normally install to serve the customer's maximum demand.
Maximum demand.
Maximum demands shall be established for the on-peak, mid-peak, and off-peak periods. The maximum demand for each period shall be the measured maximum average kilowatt input indicated or recorded by instruments, during any 15-minute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated "welder service" in section 3.46.030(I). Where the demand is intermittent or subject to violent fluctuations, a five-minute interval may be used.
Power factor adjustment.
When the maximum demand is expected or has exceeded 200 kW for three consecutive months, kilovar metering will be installed as soon as practical, and, thereafter, until the maximum demand has been less than 150 kW for 12 consecutive months, the billing will be increased each month for power factor for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed on the utility. The reactive demand will be determined as follows:
1. 
For customers with metering used for billing that measures reactive demand. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15-minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar meter to prevent reverse operation of the meter.
2. 
For customers with metering used for billing that measures kilovar-hours instead of reactive demand. The kilovars of reactive demand shall be calculated by multiplying the kilowatts of measured maximum demand by the ratio of the kilovar-hours to the kilowatt hours. Demands in kilowatts and kilovars shall be determined to the nearest unit. A ratchet device will be installed on the kilovar-hour meter to prevent its reverse operation on leading power factors.
"Summer season"
shall commence at 12:00 midnight on June 1 and continue until 12:00 midnight, on October 1 of each year. A pro rata computation will be made for seasonal billing purposes.
Temporary discontinuance service.
Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any customer, prior to resuming service within 12 months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued.
"Time period"
means and includes:
1. 
On-Peak: 12:00 noon to 6:00 p.m. summer weekdays except holidays.
2. 
Mid-Peak: 8:00 a.m. to 12:00 noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays; 8:00 a.m. to 9:00 p.m. winter weekdays except holidays.
3. 
Off-Peak: All other hours.
"Winter season"
shall commence at 12:00 midnight on October 1 of each year and continue until 12:00 midnight on June 1 of the following year. A pro rata computation will be made for seasonal billing purposes.
(Code 1980, § 3.46.130; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014; Ord. 1018 § 1, 2023)
A. 
Establishment of temporary service. The utility shall, if no undue hardship to its existing customers will result therefrom, furnish temporary service under the following conditions:
1. 
The applicant shall pay, in advance or otherwise as required by the utility, the estimated cost installed, plus the estimated cost of removal, less the estimated salvage of the facilities necessary for furnishing service.
2. 
The applicant shall establish credit as required by section 3.46.070, except that the amount of deposit prescribed in section 3.46.080 shall not exceed the estimated bill for the duration of service.
B. 
Applicant design. Applicant may elect to use the applicant design option to design that portion of the temporary facilities normally designed by the utility in accordance with the same applicant design provisions outlined in section 3.46.160, except that all charges and refunds shall be made under the provisions of the rule.
C. 
Change to permanent status.
1. 
A customer will retain temporary status as long as the utility deems the facilities to be speculative in character, of questionable permanency, or where it is known in advance that service will be of limited duration.
2. 
If at any time the character of a temporary customer's operations changes so that in the opinion of the utility the customer may be classified as permanent, the amount of payment made in excess of that required for permanent service immediately shall be refunded to the customer in accordance with subsection D of this section following.
D. 
Refunds. The amount of refund upon reclassification of a customer from temporary to permanent will be made on the basis of the extension rule in effect at the time temporary service is reclassified to permanent.
(Code 1980, § 3.46.140; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Shortages and interruptions.
1. 
The utility will exercise reasonable diligence to furnish/deliver a continuous and sufficient supply of electricity to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom from interruption, and shall not be liable for interruptions, shortage or insufficiency of supply, or any resultant loss or damage.
2. 
Whenever, in the operation of the utility's electric plants, properties, and/or systems, interruption in the delivery of electricity to customers results from or is occasioned by causes other than the exercise by the utility of its right to suspend temporarily the delivery of electricity for the purpose of making repairs or improvements to its system, notice of any such interruption will not be given to the customers of the utility, but the utility will exercise reasonable diligence to reinstate delivery of electricity.
B. 
Temporary suspension for repairs.
1. 
The utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall have the right to suspend temporarily the delivery of electricity. In all cases, to the extent circumstances so allow, reasonable notice will be given to the customer. Such repairs or improvements will be made as rapidly as practicable, consistent with prudent utility practices. To the extent practicable and consistent with prudent utility practices, the utility will minimize the inconvenience to its customers.
2. 
When it is necessary to suspend temporarily the delivery of electricity for repairs or improvements to the system in accordance with subsection (B)(1) of this section, and the customer requests that such suspension of service occur at other than during normal utility working hours, the utility reserves the right to receive, in advance, the total estimated labor-related costs to be incurred by the utility for performing the work during non-regular utility work hours. The customer shall also pay any additional cost actually incurred in excess of the estimated costs.
C. 
Apportionment of supply during time of shortage. Should a shortage of supply ever occur, the utility will apportion its available supply of electricity among its customers as authorized or directed by the utility in the manner determined at the utilities administrative resources manager's discretion, to be equitable and without discrimination under prevailing conditions, except that preference shall be given to service essential to the public interest and to the preservation of life and health. The decision of the utilities administrative resources manager or designee shall be final in such matters.
D. 
Limited service device. A limited supply of electricity may be provided in accordance with section 3.46.120(I) where a limited service device is installed.
(Code 1980, § 3.46.150; Ord. No. 736 § 2, 2004)
This rule is applicable to extension of electric distribution lines of the utility's standard voltages (less than 15 kV) necessary to furnish permanent electric service to applicants and will be made in accordance with the following provisions:
A. 
General.
1. 
Distribution line extension basis.
a. 
Design. The utility will be responsible for planning, designing, and engineering distribution line extensions using the utility's standards for material, design, and construction. Applicant may elect to design that portion of the new distribution line extension normally designed by the utility in accordance with the applicant design provisions of this rule.
b. 
Ownership. The distribution line extension facilities installed under the provisions of this rule, shall be owned, operated, and maintained by the utility, except for substructures and enclosures that are on, under, within or part of a building or structure.
c. 
Private lines. The utility shall not be required to serve any applicant from distribution line ex-tension facilities that are not owned, operated, and maintained by the utility.
2. 
Distribution line extension locations.
a. 
Utility maintenance of line extension facilities. The utility will own, operate and maintain distribution line extension facilities only:
(1) 
Along public streets, alleys, roads, highways and other publicly dedicated ways and places which the utility has the legal right to occupy; and
(2) 
On public lands and private property across which rights-of-way and permits satisfactory to the utility may be obtained without cost to or condemnation by the utility.
b. 
Normal route of line. The length and normal route of a distribution line extension will be determined by the utility and considered as the distance along the shortest, most practical, available, and acceptable route which is clear of obstructions from the utility's nearest permanent and available distribution facility to the point from which the service facilities will be connected.
3. 
Underground distribution line extensions.
a. 
Underground required. The utility, by authority of the city council, has declared itself an underground utility. Consistent with this declaration, underground distribution line extensions shall be installed where required to comply with applicable laws and ordinances of the city and where the utility maintains or desires to maintain underground distribution facilities. For example, underground distribution line extensions are required for all new:
(1) 
Commercial developments;
(2) 
Industrial developments; and
(3) 
Locations that are in proximity to and visible from designated scenic areas.
The requirements to underground lines set forth in this subsection shall not apply where it is impractical to build underground lines, as determined by the utility, and approved by the utilities administrative resources manager.
b. 
Underground optional. When requested by applicant and agreed upon by the utility, underground distribution line extensions may be installed in areas where it is not required, as provided in subsection (A)(3)(a) of this section.
4. 
Overhead distribution line extensions. Overhead distribution line extensions may be installed only where underground extensions are not required as provided in subsection (A)(3)(a) of this section.
5. 
Special or added facilities. Any special or added facilities the utility agrees to install at the request of the applicant will be installed at the applicant's expense in accordance with section 3.46.030.
6. 
Temporary service. Facilities installed for temporary service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this section and the provisions of section 3.46.140.
7. 
Services. Service facilities connected to the distribution lines to serve an applicant's premises will be installed, owned and maintained as provided in section 3.46.150.
8. 
Street lights. Street lights and appurtenant facilities shall be installed in accordance with the service provisions of the applicable street light schedule.
9. 
Contracts. Each applicant requesting a distribution line extension may be required to execute a written contract, prior to the utility performing its work on the distribution line extension.
B. 
Installation responsibilities.
1. 
Underground distribution line extensions.
a. 
Responsibility of applicant. In accordance with the utility's design, specifications, and requirements, applicant is responsible for:
(1) 
Design. Designing and engineering of the applicant's electric distribution facilities to serve the development in accordance with city's design standards;
(2) 
Excavation. All necessary trenching, backfilling, compacting and furnishing of imported or suitable natural backfill material as required and proper disposal of trench spoil as required and other digging as required;
(3) 
Substructure and conduit. Furnishing, installing, and upon acceptance by the utility, conveying to the utility ownership of all necessary installed substructures, conduits and pull and service boxes, transformer pads, including feeder conduits and related substructures required to extend to and within subdivisions and developments; and
(4) 
Protective structures. Furnishing, installing and, upon acceptance by the utility, conveying to the utility ownership of all necessary protective structures.
b. 
Utility responsibility. The utility's responsibility is to provide inspection service to verify the applicant's performance and to furnish and install cables, switches, transformers, and other distribution facilities required to complete the distribution line extension.
2. 
Overhead distribution line extensions. The utility is responsible for furnishing and installing all facilities required for the distribution pole line extension.
3. 
Installation options.
a. 
Utility-performed work. Where requested by applicant and mutually agreed upon, the utility may perform that portion of the new distribution line extension work normally installed by applicant according to subsection (B)(1)(a) of this section, provided applicant pays the utility its total estimated installed cost.
b. 
Applicant-performed work. The applicant may elect to install that portion of the new distribution line extension normally installed by the utility in accordance with the utility's design and specifications, using qualified contractors (see subsection D of this section, applicant installation options).
C. 
Contributions or payments by applicant.
1. 
General. Contributions or payments by an applicant to the utility for the installation of a distribution line extension to receive utility service consist of such things as cash payments, the value of facilities deeded to the utility, and the value of excavation performed by applicant.
2. 
Project-specific cost estimates. The utility's total estimated installed cost will be based on a project-specific estimated cost.
3. 
Payment. The applicant shall contribute or pay, before the start of the utility's construction, the following:
a. 
Estimated value of excavation, etc. The utility's estimated value of excavation, conduits, and protective structures required by the utility for the distribution line extension under subsection (B)(1)(a) of this section.
b. 
Underground service.
(1) 
Cabling. The estimated installed cost of any necessary cabling, including distribution transformers, installed by the utility to complete the underground distribution line ex-tension. This includes the cost of conversion of existing single-phase lines to three-phase lines, if required; plus
(2) 
Substructures. The utility's estimated value of substructures installed by the applicant and deeded to the utility as required; and
c. 
Overhead service.
(1) 
Pole line. All necessary facilities required for an overhead distribution pole line exten-sion and, if required, the conversion of existing single-phase lines to three-phase lines; and
d. 
Added facilities.
(1) 
After final design of the distribution facilities, the utility will notify the applicant of the estimated cost of any extra facilities or special requirements to be done at the applicant's request. Extraordinary facilities or service provisions will be handled under section 3.46.030, description of electric service.
4. 
(Reserved)
5. 
Joint applicants. The total contribution or advance from a group of applicants will be apportioned among the members of the group in such manner as they may mutually agree.
6. 
Payment adjustments.
a. 
Total refundable amount. If the loads provided by the applicant result in the utility having installed facilities which are in excess of those needed to serve the actual loads, and the utility elects to reduce such excess facilities, the applicant shall pay the utility its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities.
b. 
Reimbursement. If, within five years of the date on which the city begins delivering electricity to the applicant, the distribution line extension is used by the city to serve new customer loads, the city will charge to the new customer and refund to the applicant a portion of the distribution line extension costs previously paid by the applicant pursuant to a reimbursement agreement between the applicant and the city. This refund amount shall be determined by the city, in its sole discretion, and shall reflect the new customer's proportional cost responsibility for the distribution line extension, taking into consideration each customer's existing and/or forecast load, rate class, and location. In the event that any additional customer subsequently initiates service that is provided using the distribution line extension within the same five-year period, the city will similarly determine the additional customer's proportional cost responsibility for the distribution line extension and provide a refund to the customers that have previously contributed to cover the cost of the distribution line exten-sion.
D. 
Applicant design option for new installations; competitive bidding. When the applicant selects competitive bidding, the distribution line extension may be designed by the applicant's qualified contractor or sub-contractor in accordance with the utility's design and construction standards. All applicant design work of electric facilities must be performed by or under the direction of a licensed professional engineer and all design work submitted to the utility must be certified by an appropriately licensed professional engineer, consistent with the applicable federal, state and local, including the city, codes and ordinances. The applicant design option is available to the applicant for new service and is not available for replacement, reinforcement, or relocation of existing systems, where there is no applicant for new line or service extension work. Under this option, the following applies:
1. 
Applicant shall notify the utility, in a manner acceptable to the utility.
2. 
Applicant designs shall conform to all applicable federal, state and local, including the city, codes and ordinances for utility installations design (such as, but not limited to the Business and Professions Code).
3. 
The utility may require applicant designers to meet the utility's prequalification requirements prior to participating in applicant design.
4. 
Applicant designers shall obtain utility design and construction standards and specifications prior to performing applicant design. The utility may charge for any of these services.
5. 
The utility will plan check the applicant design project at applicant's expense.
6. 
The utility shall perform all the utility's project accounting and cost estimating.
E. 
Applicant installation options.
1. 
Competitive bidding. Under competitive bidding, the distribution line extension may be installed by applicant's qualified contractor or sub-contractor in accordance with the utility's design and specifications. Under this option, the following applies:
a. 
Upon acceptance by the utility, ownership of all such facilities will transfer to the utility.
b. 
Applicant shall pay to the utility any utility costs associated with the distribution line exten-sion, including the estimated costs of design, administration, and installation of any additional facilities and labor necessary to complete the distribution line extension.
c. 
The applicant shall pay to the utility, as a nonrefundable amount, the cost of inspection.
d. 
Only duly authorized employees of the utility are allowed to connect to, disconnect from, or perform any work upon the utility's facilities.
2. 
Minimum contractor qualifications. Applicant's contractor or subcontractor (QC/S) shall:
a. 
Be licensed in the state for the appropriate type of work (electrical and general, etc.).
b. 
Employ workmen properly qualified for specific skills required (qualified electrical worker, qualified person, etc.) as defined in California High Voltage Safety Orders (Title 8, Chapter 4, Subchapter 5, Group 2).
c. 
Comply with applicable laws (Equal Opportunity Regulations, OSHA, EPA, etc.).
3. 
Other contractor qualifications. An applicant for service who intends to employ a QC/S also should consider whether the QC/S:
a. 
Is technically competent.
b. 
Has access to proper equipment.
c. 
Demonstrates financial responsibility commensurate with the scope of the contract.
d. 
Has adequate insurance coverage (worker's compensation, liability, property damage, etc.).
e. 
Is able to furnish a surety bond for performance of the contract, if required.
F. 
Special conditions.
1. 
Facility relocation or rearrangement. Any relocation or rearrangement of the utility's existing facilities, at the request of, or to meet the convenience of an applicant or customer, and agreed upon by the utility, normally shall be performed by the utility. Where new facilities can be constructed in a separate location, before abandonment or removal of any existing facilities, and applicant requests to perform the new construction work, it can be performed under the applicable provisions of subsection E of this section, applicant installation options. In all instances, the utility shall abandon or remove its existing facilities at the option of the utility. The applicant or customer shall be responsible for the costs of all related relocation, rearrangement and removal work.
2. 
Exceptional cases. When the application of this rule appears impractical or unjust to either party or the ratepayers, the utility or applicant may refer the matter to the utilities administrative resources manager of the utility for a special ruling or for special conditions, which may be mutually agreed upon.
G. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Applicant"
means a person or agency requesting the utility to deliver/supply electric service.
"Betterment"
means facilities installed by applicant at the request of the utility in addition to those required under subsection (B)(1)(a) of this section.
"Cabling"
means conductors, including cable-in-conduit, if used, connectors, switches, as required by the utility for primary, secondary, and service installations.
"Commercial development"
means two or more enterprises engaged in trade or the furnishing of services, (e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes) located on a single parcel or on two or more contiguous parcels of land.
"Conduit"
means ducts, pipes or tubes of certain metals, plastics and other materials acceptable to the utility, including pull wires and concrete encasement where required, for the installation and protection of electric wires or cables.
"Contribution"
means in-kind services and the value of all property conveyed to the utility at any time during the utility's work on an extension which is part of the utility's total estimated installed cost of its facilities, or cash payments not covered by applicant's allowances.
"Distribution line extension"
means a new distribution facility of the utility that is a continuation of, or branches from, the nearest available existing permanent distribution line, including any facility rearrangements and relocations necessary to accommodate the distribution line extension, to the point of connection of the last service. The utility's distribution line extension includes converting an existing single-phase line to three-phase in order to furnish three-phase service to an applicant, but excludes service transformers, meters and services.
"Distribution lines"
mean overhead and underground facilities which are operated at distribution voltages, and which are designed to supply two or more services.
"Distribution trench footage"
means the total trench footage used for calculating cabling costs. It is determined by adding the total length of all new and existing trenching for the installation of underground primary and secondary distribution lines designed to supply two or more services, excluding service trench footage under section 3.46.170.
"Excavation"
means all necessary trenching, backfilling, and other digging to install distribution line extension facilities, including furnishing of any imported backfill material and disposal of spoil as required, surface repair and replacement, landscape repair and replacement.
"Feeder conduit"
means a conduit for such uses as part of a backbone system to provide for future-anticipated load growth outside the subdivision involved, to provide for future-anticipated load growth in the existing subdivision and the existing subdivisions in close proximity, to balance loads between substations, to interconnect the service to the subdivision with service to subsequent developments outside the subdivision, and to provide the flexibility and versatility of modifying or supplying emergency backup power to the area involved.
"In proximity to"
means within 1,000 feet from each edge of the right-of-way of designated scenic high-ways and from the boundaries of designated parks and scenic areas.
"Industrial development"
means two or more enterprises engaged in a process which creates a product or changes material into another form or product and located on a single parcel or on two or more contiguous parcels of land.
"Insignificant loads"
means small operating loads such as gate openers, valve controls, clocks, timing devices, fire protection equipment, alarm devices, etc.
"Intermittent loads"
means loads which, in the opinion of the utility, are subject to discontinuance for a time or at intervals.
"Payment"
means cash payment made to the utility prior to the initiation of any work done by the utility which is not covered by allowances.
"Permanent service"
means service which, in the opinion of the utility, is of a permanent and established character. This may be continuous, intermittent, or seasonal in nature.
"Pole line"
means poles, cross-arms, insulators, conductors, switches, guy-wires, and other related equipment used in the construction of an electric overhead line.
"Protective structures"
means fences, retaining walls (in lieu of grading), sound barriers, posts, or barricades and other structures as required by the utility to protect distribution equipment.
"Scenic areas"
means an area such as a scenic highway, a state or national park or other area determined by a governmental agency to be of unusual scenic interest to the general public. Scenic high-ways are officially designated under the California Scenic Highway Program established pursuant to Public Utilities Code § 320. State or national parks or other areas of unusual scenic interest to the general public are determined by the appropriate governmental agency.
"Seasonal service"
means electric service to establishments which are occupied seasonally or intermit-tently, such as seasonal resorts, cottages, or other part-time establishments.
"Substructures"
means the surface and subsurface structures which are necessary to contain or support the utility's electric facilities. This includes, but is not limited to, such things as splice boxes, pull boxes, equipment vaults and enclosures, foundations or pads for surface-mounted equipment.
Trenching.
See Excavation.
"Visible from"
means that overhead distribution facilities could be seen by motorists or pedestrians traveling along scenic highways or visiting parks or scenic areas.
(Code 1980, § 3.46.160; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Applicability. This rule is applicable to both:
1. 
Utility service facilities that extend from the utility's distribution line facilities to the service delivery point; and
2. 
Service-related equipment required of the applicant on the applicant's premises to receive electric service.
B. 
General.
1. 
Design. The utility will be responsible for planning, designing and engineering service extensions using the utility's standards for design, materials and construction. Applicant may elect to design that portion of the new service extension normally designed by the utility in accordance with the applicant design provisions of section 3.46.160.
2. 
Service facilities. The utility's service facilities shall consist of:
a. 
Primary or secondary underground or overhead service conductors;
b. 
Poles to support overhead service conductors;
c. 
Service transformers;
d. 
Utility-owned metering equipment; and
e. 
Other utility-owned service related equipment.
3. 
Ownership of facilities. Service facilities installed under the provisions of this rule shall be owned, operated, and maintained by the utility if they are:
a. 
Located in the street, road or a public right-of-way area;
b. 
Installed by the utility under subsection (D)(2) of this section on the applicant's premises for the purpose of the delivery of electric energy to applicant; or
c. 
Installed by applicant under the provisions of this rule, and conveyed to the utility.
4. 
Private lines. The utility shall not be required to connect service facilities to or serve any applicant from electric facilities that are not owned, operated, and maintained by the utility.
5. 
Special or added facilities. Any special or added facilities the utility installs at the request of applicant will be installed at the applicant's expense in accordance with section 3.46.030.
6. 
Temporary service facilities. Service facilities installed for temporary service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this rule, except that all charges and refunds shall be made under the provisions of section 3.46.140.
7. 
Street lights. Street light services and appurtenant facilities shall be installed in accordance with the service provisions of the applicable street light schedule.
8. 
Contracts. Each applicant requesting service may be required to execute a written contract prior to the utility performing its work to establish service. Such contract shall be in the form provided by the utility or otherwise acceptable and approved by the utility. This contract shall specify the size of the service connection desired, the property to be served and the purpose for which the electricity is to be used. The information supplied by the applicant shall be considered as authoritative and final. If any error in the application causes the installation of a service connection that is improper either in type, size or location, the cost of all changes required shall be paid by the applicant.
9. 
Distribution line extension. Whenever the utility's distribution system is not complete to the point designated by the utility where the service extension is to be connected to the utility's distribution system, the extension of distribution line facilities will be installed in accordance with section 3.46.160.
10. 
Rights-of-way. Rights-of-way or easements may be required by the service facilities on applicant's property to serve only the applicant.
a. 
Service facilities. If the service facilities must cross property owned by a third party to serve the applicant, the utility may, at its option, install such service facilities after appropriate rights-of-way or easements, satisfactory to the utility, are obtained without cost to the utility.
b. 
Distribution line extensions. If the utility's facilities installed on the applicant's property, or third-party property, will be or are designed to serve adjacent property, then the utility may, at its option, install its facilities under section 3.46.160, after appropriate rights-of-way or easements, satisfactory to the utility, are obtained without cost to the utility.
c. 
Clearances. Any necessary rights-of-way or easements for the utility's facilities shall have provisions to maintain legal clearances from adjacent structures.
d. 
Reasonable care to prevent damage. The customer shall exercise reasonable care to prevent the facilities of the utility upon the premises from being damaged or destroyed, and shall not relocate or otherwise interfere with them, and, if any defect is discovered, shall promptly notify the utility.
11. 
Access to applicant's premises. The utility shall, at all times, have the right to enter and leave the applicant's premises for any purpose connected with the furnishing of electric service (meter reading, inspection, testing, routine repairs, replacement, maintenance, emergency work, etc.) and the exercise of any and all rights secured to it by law, under the utility's tariff schedules. These rights include, but are not limited to:
a. 
The use of a utility-approved locking device, if the applicant desires to prevent unauthorized access to the utility's facilities;
b. 
Safe and ready access for utility personnel free from unrestrained animals;
c. 
Unobstructed ready access for the utility's vehicles and equipment to install, remove, repair, or maintain its facilities;
d. 
Removal of any and all of its property installed on the applicant's premises after the termination of service.
12. 
Service connections. Only personnel duly authorized by the utility are allowed to connect or disconnect service conductors to or from the utility's distribution lines, remove meters, unless otherwise allowed pursuant to utility tariff schedules, remove utility-owned service facilities, or perform any work upon utility-owned existing facilities.
13. 
Application made in advance; utility not liable for delays. Due to the long lead time for engineering, material acquisition, crew scheduling and construction, application for service must be made as far in advance as possible. After receipt of fees, service charges and deposits and clearance from the inspection agency having jurisdiction, the utility shall endeavor to complete within a reasonable time the installation of the necessary facilities. However, the utility shall not be liable for any delays encountered in completing the installation.
14. 
Customer shall pay utility overtime when necessary. If, for any reason of the applicant, installation of a service cannot be accomplished during standard working hours, the applicant shall pay in advance the estimated cost of the utility overtime, to the extent that it exceeds any costs included in other charges.
15. 
Obligation of utility. The utility shall be obligated to provide facilities adequate to serve only the load initially specified and connected, regardless of the rating of the service equipment, service switch or breaker. Increased loads will be considered as new installations, and the customer shall pay the net cost of any changes required in the utility facilities and may be required to make specified changes in the service facilities or equipment to accommodate the increase load or the type of service to be supplied by the utility.
C. 
Metering facilities.
1. 
General.
a. 
Meter all usage. Delivery of all electric power and energy will be metered, unless otherwise provided for by the utility's tariff schedules or by other applicable laws.
b. 
Meter location. All meters and associated metering equipment shall be located at some protected location on applicant's premises as approved by the utility.
2. 
Number of meters. Normally only one meter will be installed for a single residential or nonresidential enterprise on a single premises, except:
a. 
When otherwise required or allowed under the utility's tariff schedules;
b. 
At the option of and as determined by the utility, for its operating convenience, consistent with its engineering design;
c. 
When required by law or local ordinance; or
d. 
When additional services are granted by the utility.
A single meter is required for each single enterprise operating in one building or group of buildings or other development on a single premises such as, but not limited to, a commercial business, school campus, industrial manufacturer, or recreational vehicle park, unless otherwise approved by the utility.
3. 
Multiple occupancy. In a building with two or more tenants, or where more than one meter is furnished on the same premises, the meters normally shall be grouped at one central location, or as otherwise specified by the utility, and each meter position or socket shall be clearly and permanently marked by applicant, customer, or owner of the premises to indicate the particular unit, occupancy, or load supplied by it.
a. 
Residential or nonresidential. For revenue billing, electric service shall be individually metered to each tenant in a residential or nonresidential building or group of buildings or other development on a single premises with multiple tenants or enterprises (such as, but not limited to, an office building or shopping center complex). Alternative metering arrangements as determined by the utility may be allowed only as specified in section 3.46.190 and applicable rate schedules.
D. 
Service extensions.
1. 
General location. The location of the service extension shall extend:
a. 
Public right-of-way area. From the point of connection at the distribution line to the applicant's nearest property line abutting upon any street, highway, road, or right-of-way, along which it already has, or will install, distribution facilities; and
b. 
Private party. On private property, along the shortest, most practical and available route (clear of obstructions) as necessary to reach a service delivery point designated by the utility.
2. 
Number of service extensions. The utility will not normally provide more than one service exten-sion, including associated facilities, either overhead or underground, for any one building or group of buildings, for a single enterprise on a single premises, except:
a. 
Tariff schedules. Where otherwise allowed or required under the utility's tariff schedules;
b. 
Utility convenience. At the option of and as determined by the utility, for its operating convenience, consistent with its engineering design for different voltage and phase classification, or when replacing an existing service;
c. 
Ordinance. Where required by city ordinance or other applicable law, for such things as fire pumps, fire alarm systems, etc.; or
d. 
Other. The utility may charge for additional services provided under this subsection, as special or added facilities.
3. 
Underground installations.
a. 
Underground service mandatory. Installation of electric service facilities for all new services shall be underground and installed according to applicable tariff schedules, laws, city ordinances, underground structure standards, and utility plans and specifications supplied for each specific installation.
b. 
When requirement waived. The requirement of this section may be waived if technical or physical conditions make underground installation infeasible in the utility's judgment.
4. 
Overhead installations.
a. 
Overhead service extensions will be allowed only when underground service is not feasible in the utility's judgment as specified in subsection (D)(3)(b) of this section. But, the customer may be required to provide utility-approved facilities to accommodate future conversion to underground service.
b. 
The applicant shall provide a suitable location for the termination of the overhead service wires. The location of the termination is subject to approval of the utility and any inspection authority having jurisdiction and must meet all applicable codes.
c. 
Overhead service wires shall, in all cases, be furnished and installed by the utility. The applicant shall install the service entrance conductors from the point of termination of the utility's service wires to the applicant's meter or switchgear lugs.
5. 
Unusual site conditions. In cases where the applicant's building is located a considerable distance from the available distribution line or where there is an obstruction or other deterrent obstacle or hazard such as plowed land, ditches, or inaccessible security areas between the utility's distribution line and the applicant's building or facility to be served that would prevent the utility from prudently installing, owning, and maintaining its service facilities, the utility may, at its discretion, waive the normal service delivery point location. In such cases, the service delivery point will be at such other location on applicant's property as may be mutually agreed upon; or, alternatively, the service delivery point may be located at or near the applicant's property line as close as practical to the available distribution line.
E. 
Responsibilities for new service extensions.
1. 
Applicant responsibility. In accordance with the utility's design, specifications, and requirements for the installation of service extensions, subject to the utility's inspection and approval, the applicant is responsible for:
a. 
Service extensions.
(1) 
Clear route. Providing, or paying for, a route on any private property that is clear of obstructions which would inhibit the construction of either underground or overhead service extensions.
(2) 
Excavation. All necessary trenching, backfilling, and other digging as required, including permit fees.
(3) 
Conduits and substructures.
(a) 
Furnishing, installing, owning, and maintaining all conduits, including pull ropes, and substructures on the applicant's premises.
(b) 
Installing, or paying for, any conduits and substructures in the utility's franchise area (or rights-of-way, if applicable) as necessary to install the service extension.
(c) 
Conveying ownership to the utility upon its acceptance of those conduits and substructures not on the applicant's premises.
(4) 
Protective structures. Furnishing, installing, owning, and maintaining all necessary protective structures as specified by the utility for utility's facilities on the applicant's premises.
b. 
Applicant's facility design and operation. The applicant shall be solely responsible to plan, design, install, own, maintain, and operate facilities and equipment beyond the service delivery point, except for utility-owned metering facilities, in order to properly receive and utilize the type of electric service available from the utility. Refer to section 3.46.030 for a description, among other things, of:
(1) 
Available service delivery voltages and the technical requirements and conditions to qualify for them;
(2) 
Customer utilization voltages;
(3) 
Load balancing requirements;
(4) 
Requirements for installing electrical protective devices;
(5) 
Loads that may cause service interference to others; and
(6) 
Motor starting limitations.
c. 
Required service equipment. The applicant shall, at his or her sole liability, risk, and expense, be responsible to furnish, install, own, maintain, inspect, and keep in good and safe condition, all facilities of any kind or character on the applicant's premises that are not the responsibility of the utility but are required by the utility for the applicant to receive service. Such facilities shall include, but are not limited to, the overhead or underground termination equipment, conduits, service entrance conductors from the service delivery point to the location of the utility's metering facilities, connectors, meter sockets, meter and instrument transformer housing, service switches, circuit breakers, fuses, relays, wire ways, metered conductors, machinery and apparatus of any kind or character. Detailed information on the utility's service equipment requirements will be furnished by the utility.
d. 
Coordination of electrical protective devices. When, as determined by the utility, the applicant's load is of sufficient size as to require coordination of response time characteristics between the applicant's electrical protective devices (circuit breakers, fuses, relays, etc.) and those of the utility, it shall be the applicant's responsibility to provide such coordination in accordance with section 3.46.020.
e. 
Liability. The utility shall incur no liability whatsoever, for any damage, loss or injury occasioned by:
(1) 
Applicant-owned equipment or the applicant's transmission and delivery of energy; or
(2) 
The negligence, omission of proper protective devices, want of proper care, or wrongful act of the applicant, or any agents, employees, or licensees of the applicant, on the part of the applicant in installing, maintaining, using, operating, or interfering with any such conductors, lines, machinery, or apparatus.
f. 
Facility tampering. The applicant shall provide a suitable means acceptable to the utility for placing its seals on meter rings and covers of service enclosures and instrument transformer enclosures which protect unmetered energized conductors installed by the applicant. All utility-owned meters and enclosure covers will be sealed only by the utility's authorized employees and such seals shall be broken only by the utility's authorized employees. However, in an emergency, the utility may allow a public authority or other appropriate party to break the seal. Any unauthorized tampering with utility-owned seals or connection of applicant-owned facilities to unmetered conductors at any time is prohibited and is subject to the provisions of section 3.46.120 for unauthorized use.
g. 
Transformer installations on applicant's premises. Transformer installations on the applicant's premises shall be as specified by the utility and in accordance with the following applicable provisions:
(1) 
Space for transformers. The applicant shall provide space on the applicant's premises at a location approved by the utility for a standard transformer installation, including any necessary switches, capacitors, and electric protective equipment where required, if:
(a) 
In an overhead area, the utility determines that the load to be served is such that a separate transformer installation; or
(b) 
If the utility determines that the installation of a pad-mounted or subsurface transformer of any size is required on the applicant's premises to serve only the applicant.
(2) 
Pad-mounted equipment. In the utility's standard installation, the applicant shall furnish, install, own, and maintain, at his or her expense, substructures and any required protective structures as specified by the utility for the proper installation of the transformer, switches, capacitors, etc., as determined by the utility.
(3) 
Transformer room or vault. Where applicant requests and the utility approves the installation of the transformer in a vault or room on the applicant's premises, rather than the utility's standard pad-mounted installation:
(a) 
The room or vault on the applicant's premises shall be furnished, installed, owned, and maintained by the applicant and shall meet the utility's specifications for such things as access, ventilation, drainage, grounding system, etc.
(b) 
If space cannot be provided on the applicant's premises for the installation of a transformer on either a pad or in a room or vault, a vault will be installed at the applicant's expense in the street near the property line. It shall be the applicant's responsibility to install, or pay for, such vault if not restricted by governmental authority having jurisdiction, and the applicant shall convey ownership of the vault to the utility upon its acceptance. The additional facilities shall be treated as special or added facilities under the provisions of section 3.46.030.
(c) 
If the utility's installed cost for the transformer in the room or vault is more costly than the standard pad-mounted transformer installation, the additional costs shall be paid by the applicant as special or added facilities.
(4) 
(Reserved)
(5) 
Transformer lifting requirements. Where the utility has installed or agrees to install, transformers at locations where the utility cannot use its standard transformer lifting equipment and special lifting facilities are required to install or remove the transformers on the applicant's premises, the applicant shall, at his or her expense:
(a) 
Furnish, install, own, and maintain permanent lifting facilities and be responsible for lifting the transformer to and from its permanent position; or
(b) 
Provide, or pay for, portable lifting facilities acceptable to the utility for installing or removing the transformers.
Rights-of-way and space provisions shall be provided by the applicant such that access and required clearances from adjacent structures can be maintained. The utility may require a separate contract for transformer lifting requirements.
(6) 
Overhead transformers. In remote areas or in areas not zoned for residential or commercial use or for underground services, pad-mounted transformers are preferred for installation on the applicant's premises; however, where the utility determines that it is not practical to install a transformer on a pad, in a room or vault, the utility may furnish a pole-type structure for an installation not exceeding 500 kVA.
h. 
Building code requirements. Any service equipment and other related equipment owned by the applicant, as well as any vault, room, enclosure, or lifting facilities for the installation of transformers shall conform to applicable laws, codes, and ordinances of all governmental authorities having jurisdiction.
i. 
Reasonable care. The applicant shall exercise reasonable care to prevent the utility's service extension, other utility facilities, and meters owned by the utility or others on the applicant's premises from being damaged or destroyed, and shall refrain from interfering with the utility's operation of the facilities and shall notify the utility of any obvious defect. The applicant may be required to provide and install suitable mechanical protection (barrier posts, etc.) as required by the utility.
2. 
Utility responsibility.
a. 
Service, meter and transformers. The utility will furnish, install, own, and maintain the following service facilities as applicable after the applicant meets all requirements to receive service:
(1) 
Underground service. A set of service conductors to supply permanent service from the distribution line source to the service delivery point approved by the utility.
(2) 
Riser materials. Any necessary pole riser material for connecting underground services to an overhead distribution line.
(3) 
Overhead service. A set of overhead service conductors and support poles to supply permanent service from a distribution line source to a suitable support at the service delivery point approved by the utility. Such support shall be of a type and located such that service wires may be installed in accordance with good engineering practice and in compliance with all applicable laws, ordinances, rules, and regulations, including those governing clearances and points of attachment.
(4) 
Metering. When the meter is owned by the utility, the utility will be responsible for the necessary instrument transformers, where required, test facilities, meters, associated metering equipment, and the metering enclosures when the utility elects to locate metering equipment at a point that is not accessible to the applicant.
(5) 
Transformer. The transformer where required, including any necessary switches, capacitors, electrical protective equipment, etc. When either a pad-mounted or overhead transformer is installed on the applicant's premises, the service extension shall include the primary conductors from the connection point at the distribution supply line to the transformer and the secondary conductors, if any, from the transformer to the service delivery point.
b. 
Special conduit installations. The utility shall own and maintain service conduits only if:
(1) 
They are located in the same trench with distribution facilities; and
(2) 
When it is necessary to locate conduits on property other than that owned by the applicant, as determined by the utility, or as may be required by local authorities.
c. 
Cable-in-conduit. In those cases where the utility elects to install its service conductors using pre-assembled cable-in-conduit (CIC), the conduit portion will be considered a part of the conductor installation provided by the utility.
d. 
Government inspection. The utility will establish electric service to the applicant following notice from the governmental authority having jurisdiction that the applicant-owned facilities have been installed and inspected in accordance with any applicable laws, codes, ordinances, rules, or regulations, and are safe to energize.
3. 
Installations options.
a. 
Utility-performed work. Where requested by applicant and mutually agreed upon, the utility may perform that portion of the new service extension work normally the responsibility of applicant according to subsection (E)(1) of this section provided applicant pays the utility its estimated installed cost.
b. 
Applicant-performed work. Under competitive bidding, the applicant may install that portion of the new service extension normally installed and owned by the utility in accordance with the same provisions outlined in section 3.46.160.
F. 
Payments by applicant.
1. 
Applicant is responsible to pay the utility in advance of the utility commencing its work:
a. 
Pole riser. The utility's estimated installed costs of any riser materials on its poles.
b. 
Utility's total estimated cost. The utility's total estimated installed cost, including appurtenant facilities, such as connectors, service conductors, service transformers, metering equipment, and the conduit portion of CIC cable.
c. 
Other. The utility's total estimated installed cost for any work it performs that is the applicant's responsibility or performs for the convenience of the applicant.
G. 
Existing service facilities.
1. 
Service reinforcement.
a. 
Utility-owned. When the utility determines that its existing service facilities require replacement, the existing service facilities shall be replaced as a new service extension under the provisions of this section.
b. 
Applicant-owned. When the utility determines that existing applicant-owned service facilities, installed under a prior rule, require replacement, such replacement shall be accomplished under the provisions for a new service extension, except that if the utility determines that any portion of the applicant's existing service conductors can be utilized by the utility, the applicant will convey any such usable part to the utility and an appropriate credit by the utility may be allowed to the applicant.
The applicant will replace or reinforce that portion of the service extension which applicant will continue to own under the provisions of this rule for new services.
2. 
Service relocation or rearrangement.
a. 
Utility convenience. When, in the judgment of the utility, the relocation or rearrangement of a service, including utility-owned transformers, is necessary for the maintenance of adequate service or for the operating convenience of the utility, the utility normally will perform such work at its own expense, except as provided in subsection (G)(2)(b) and (F)(5) of this section.
b. 
Applicant convenience. Any relocation or rearrangement of the utility's existing service facilities at the request of the applicant (aesthetics, building additions, remodeling, etc.) and agreed upon by the utility shall be performed in accordance with subsection E of this section, except that the applicant shall pay the utility its total estimated costs.
In all instances, the utility shall abandon or remove its existing facilities, at the option of the utility, rendered idle by the relocation or rearrangement.
3. 
Impaired access and clearances. Whenever the utility determines that:
a. 
Access. Its existing service facilities have become inaccessible for inspecting, operating, maintenance, meter reading, or testing; or
b. 
Clearances. A hazardous condition exists or any of the required clearances between the existing service facilities and any object becomes impaired under any applicable laws, ordinances, rules, or regulations of the utility or other public authorities, then the following applies;
c. 
Corrective action. The applicant or owner shall, at the applicant's or owner's expense, either correct the access or clearance infractions or pay the utility its total estimated cost to relocate its facilities to a new location which is acceptable to the utility. The applicant or owner shall also be responsible for the expense to relocate any equipment which applicant owns and maintains. Failure to comply with corrective measures within a reasonable time may result in discontinuance of service.
4. 
Overhead to underground service conversions.
a. 
When new services installed. Where an existing overhead distribution line is replaced by an underground distribution system, new underground services will be installed under this section.
b. 
Applicant convenience. Where overhead services are replaced by underground services for the applicant's convenience, the applicant shall perform all excavation, furnish and install all substructures, and pay the utility its total estimated installed cost to complete the new service and remove the overhead facilities.
5. 
Damaged facilities. When the utility's facilities are damaged by others, the repair will be made by the utility at the expense of the party responsible for the damage. Applicants are responsible for repairing their own facilities.
6. 
Subdivision of premises. When the utility's service facilities are located on private property and such private property is subsequently subdivided into separate premises with ownership divested to other than the applicant or customer, the subdivider is required to provide the utility with adequate rights-of-way satisfactory to the utility for its existing facilities and to notify property owners of the subdivided premises of the existence of the rights-of-way. When adequate rights-of-way are not granted as a result of the property subdivision, the utility shall have the right, upon written notice to the applicant, to discontinue service without obligation or liability. The existing owner, applicant, or customer shall pay to the utility the total estimated cost of any required relocation or removal of the utility's facilities. A new electric service will be re-established in accordance with the provisions of subsection E of this section for new service and the provisions of any other applicable utility rules.
H. 
Exceptional cases. When the application of this rule appears impractical or unjust to either party, or ratepayers, the utility or applicant may refer the matter to the utilities administrative resources manager for a special ruling or for approval of special conditions which may be mutually agreed upon.
I. 
Service design and engineering. Service designs, plans and estimates to determine service charges or deposits, will not be initiated by the utility until it has reasonable assurance that the applicant's project will be built. This assurance is normally taken as the issuance of a building permit. Should the applicant desire these service plans and the amount of charges at an earlier time, the applicant may pay a deposit for early design as determined by the utility. The design work will then be scheduled along with all other eligible applicants. A deposit for early design will be credited to the cost of the design and installation of the service or refunded as appropriate. The cost of multiple designs to explore options or redesigns required by changes beyond the control of the utility shall be paid by the applicant.
J. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Applicant"
means a person or agency requesting the utility to supply electric service.
"Conduit"
means ducts, pipes, or tubes of certain metals, plastics or other materials acceptable to the utility, including pull wires and concrete encasement where required, for the installation and protection of electric wires and cables.
"Distribution lines"
means the utility's overhead and underground facilities which are operated at distribution voltages as set forth in the utility's section 3.46.030 and which are designed to supply two or more services.
"Excavation"
means all necessary trenching, backfilling, and other digging as required to install service extensions, including furnishing of any imported backfill material, concrete encasement to protect conduit, and disposal of spoil as required, surface repair and replacement, landscape repair and replacement.
"Insignificant loads"
means small operating loads such as gate openers, valve controls, clocks, timing devices, fire protection equipment, alarm devices, etc.
"Intermittent loads"
means loads which, in the opinion of the utility, are subject to discontinuance for a time or at intervals.
"Premises"
means all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises and public or quasi-public institutions, by a dedicated street, highway or public thoroughfare or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served.
"Protective structures"
means fences, retaining walls (in lieu of grading), sound barriers, posts, barricades and other structures as required by the utility.
"Seasonal service"
means electric service to establishments which are occupied seasonally or intermit-tently, such as seasonal resorts, cottages, or other part-time establishments.
"Service delivery point"
means where the utility's service facilities are connected to either the applicant's conductors or other service termination facility designated and approved by the utility.
"Service extension"
means the overhead and underground primary or secondary facilities, including, but not limited to, utility-owned service facilities and applicant-owned service facilities, extending from the point of connection at the distribution line to the service delivery point. When an underground service extension is supplied from a utility-designated overhead pole, the beginning point of connection to the utility's distribution line shall be where the service extension is connected to the utility's overhead distribution line conductors.
"Substructures"
mean the surface and subsurface structures which are necessary to contain or support the utility's electric facilities. The term "substructures" includes, but is not limited to, splice boxes, pull boxes, equipment vaults and enclosures, foundations or pads for surface-mounted equipment.
(Code 1980, § 3.46.170; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
General; estimated usage. When regular, accurate meter readings are not available or the electric usage has not been accurately measured, the utility may estimate the customer's energy usage for billing purposes on the basis of information, including, but not limited to, the physical condition of the metering equipment, available meter readings, records of historical use, and the general characteristics of the customer's load and operation.
B. 
Meter tests.
1. 
Prior to installation. Every meter will be tested at or prior to the time of installation, and no meter will be placed in service if found to register more than one percent fast or one percent slow.
2. 
On customer request. A customer may, on notice of not less than one week, require the utility to test the meter for the customer's service. No charge will be made for such test, but should a customer demand a test within four months after installation or more often than once in 12 months, a deposit will be required to cover the cost of the test. This deposit will be returned if the meter is found to register more than two percent fast or two percent slow. The amount of the deposit will be dependent on the type of meter to be tested. A customer shall have the right to require the utility to conduct the test in the customer's presence or in the presence of an expert or other representative appointed by the customer. The results of the test will be furnished to the customer within a reasonable time after completion of the test.
C. 
Adjustment of bills for meter error. A meter error is incorrect kilowatt-hour, kilovar-hour, or demand registration resulting from a malfunctioning or defective meter. It does not include billing error, unauthorized use, or an error in registration caused by meter tampering by an unauthorized person. It also does not include conditions such as grounds, shorts, incorrect meter readings, meter dial-overs, improper load wiring, including other customers' circuits connected to the wiring, accounting errors, switched meters, improper customer wiring, blown fuse in one energized conductor, or incorrect meter sizing. Where, as the result of a meter test, a meter is found to be non-registering or incorrectly registering, the utility may render an adjusted bill to the customer for the amount of the undercharge, and shall issue a refund or credit to the customer for the amount of the overcharge, computed back to the date that the utility determines the meter error commenced, except that the period of adjustment shall not exceed three years. Such adjusted bill shall be computed in accordance with the following:
1. 
Fast meters. When any meter is tested and found to be registering more than two percent fast, the utility will refund to the customer the amount of the overcharge, based on corrected meter readings or utility's estimate of the energy usage either for the known period of meter error or, if the period of error is not known, for the period during which the meter was in use, not to exceed three years.
2. 
Slow meters. If a meter is found to be registering more than two percent slow, the utility may bill the customer for the amount of the undercharge based on corrected meter readings or the utility estimate of the energy usage either for the known period of meter error or, if the period of meter error is not known, for the period the meter was in use, not exceeding three years for all services.
3. 
Non-registering meters. When any meter is tested and found to be non-registering, the utility may bill the customer for the estimate of electricity consumed but not registered, not exceeding three years for all services. Bills for this purpose will be estimated by the utility.
D. 
Adjustment of bills for billing error. A billing error is an error by the utility that results in incorrect billing charges to the customer. Billing errors may include incorrect meter reads or clerical errors by a utility representative such as applying the wrong rate, wrong billing factor, or an incorrect calculation. Billing error does not include a meter error or unauthorized use, nor any error in billing resulting from meter dial over caused by other than the utility; switched or mismarked meters by other than the utility; improper customer wiring; blown fuse in one energized conductor; inaccessible meter; failure of the customer to notify utility of changes in the customer's equipment or operation; or failure of the customer to take advantage of a rate or condition of service for which the customer is eligible. Where the utility overcharges or undercharges a customer as the result of a billing error, the utility may render an adjusted bill for the amount of the undercharge, and shall issue a refund or credit to the customer for the amount of the overcharge for the period of the billing error, but not exceeding three years in the case of an overcharge, and, in the case of an undercharge, not exceeding three years for all services.
E. 
Adjustment of bills for unauthorized use. Unauthorized use is the use of energy in noncompliance with the utility's tariffs or applicable law. It includes, but is not limited to, meter tampering, unauthorized connection or reconnection, theft, fraud, intentional or unintentional use of energy whereby the utility is denied full compensation for electric service provided. Where the utility determines that there has been unauthorized use of electric service, utility may bill the customer for utility's estimate of such unauthorized use. However, such estimated bill shall indicate unauthorized use for the most recent three years and, separately, unauthorized use beyond the three-year period for collection as provided by law. Nothing in this section shall be interpreted as limiting the utility's rights under any provision of any applicable law.
1. 
Actual usage. If accurate meter readings from a remote check meter are available for the unauthorized use period, they will be used for billing purposes.
2. 
Estimated usage. If the electric usage has not been accurately measured, the utility may estimate the energy usage for billing purposes. The basis for the estimate may include, without limitation, the physical condition of the metering equipment, available meter readings, records of historical use, or the general characteristics of the load and operation of the customer or person being billed, with consideration of any appropriate seasonal adjustment. Estimated bills for the unauthorized use period may be determined by the utility based on one or more of the following, without limitation:
a. 
Accurately-metered use from a remote check meter during the unauthorized use period;
b. 
The known percent error in metering attributable to the unauthorized use;
c. 
Accurately metered use prior to the onset of the unauthorized use;
d. 
The equipment and hours of operation of the customer or person being billed;
e. 
Accurately measured subsequent use of 30 days or more (if available);
f. 
Annual use profile of at least five customers with similar connected load, premises load profiles, hours or energy use, etc. (percent of annual use); or
g. 
Other reasonable and supportable billing methodology when none of the aforementioned billing techniques are appropriate under the circumstances.
3. 
Recovery of associated costs. Utility may recover from the customer the associated costs resulting from the unauthorized use, including both investigative and equipment damage costs. Investigative costs include time and material spent for investigation, bookkeeping, film and film development, and other costs of gathering evidence. Equipment damage costs include the cost of replacing the utility-owned equipment damaged by the customer.
4. 
Discontinuance of service. In accordance with the provisions of section 3.46.120, where the utility determines unauthorized use is occurring, the utility may refuse or discontinue service without further notice. If any part of the customer's wiring or any other equipment, or the use thereof, is determined by the utility or any other authorized public agency to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or is in such condition as to endanger utility service facilities, the utility may discontinue service without further notice. The utility may also discontinue service in accordance with the provisions of its tariffs, for nonpayment of a delinquent billing for unauthorized use and for associated costs, including nonpayment under an amortization agreement.
F. 
Limitation on adjustment of bills for energy use. For any error in billing not defined as billing error, meter error, or unauthorized use, the utility is not required to adjust the bill. However, any billing adjustment not specifically covered in the tariffs for an undercharge or overcharge shall not exceed three years.
(Code 1980, § 3.46.180; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Separate metering. A separate meter is required for service to each premises, nor will the electric loads of such separately metered premises be aggregated physically, electronically or otherwise, except as may be specifically provided for in the rate schedule.
B. 
Residential or nonresidential loads. In accordance with section 3.46.170, electric service shall be individually metered to each tenant in a residential or nonresidential building or group of buildings or other development on a single premises with multiple tenants or enterprises. However, where, in the opinion of the utility, it is impractical to meter each tenant individually or where the city council has authorized the utility to supply electric service through a single meter, the utility may provide service through a single meter subject to the provisions of subsections E and F of this section.
C. 
Other uses or premises. A customer shall not use electricity received from the utility upon other premises, except for utility's operating convenience, nor for other purposes than those specified in the customer's application or in the rate schedule applied.
D. 
Customer with multiple service accounts; meters at a single premises. When a customer (single enterprise) occupies a single premises with multiple service accounts/meters, the readings of such meters shall not be combined for billing purposes, except as provided for in section 3.46.100. However, if the customer physically aggregates the electric loads of such multiple service accounts/meters into a single service account (master-meter), the account will be provided service under an applicable rate schedule.
E. 
Use by others. A customer shall not charge for electricity received from the utility and used by any other person, except:
1. 
Where the charge to tenants is absorbed in the rental for the premises of space occupied;
2. 
Where the charge to nondomestic tenants is absorbed in the rental for the premises or space occupied, is not separately identified, and does not vary with electrical usage; or
3. 
As provided in subsection F of this section. All energy use, including use by others, supplied through a single utility meter is the responsibility of the customer of record.
F. 
Resale of electricity. Resale of electricity or submetering of electricity for the purpose of resale is prohibited, except as provided for under subsection D of this section. Such service shall only be supplied at rates not in excess of those prescribed in the utility's rate schedule for like service and pursuant to a sub-metering agreement between customer and the utility.
G. 
Violation of any provision of this section shall result in discontinuance of electricity or refusal to provide service, in accordance with section 3.46.120.
(Code 1980, § 3.46.190; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
The utility shall at times have the right of safe ingress to, and egress from, the customer's premises at all reasonable hours for any purpose reasonably connected with the furnishing of electric energy and the exercise of any and all rights secured to it by law, or these electric rules.
B. 
The customer is responsible for providing and maintaining unobstructed access for the utility to all utility-owned facilities located on the premises.
C. 
Failure to permit access and allow work on the utility's facilities is grounds for termination of service. This work includes periodic reading of meters, maintenance or replacement of primary, secondary, service and metering facilities, tree trimming, and other necessary work on the utility's electrical facilities, including removal after termination of service.
D. 
If safe access to the meter is not provided for any reason, including, without limitation, locked doors, fences, insufficiently restrained pets or vegetation, the utility will notify the customer of access problems via door hanger at the monthly scheduled read date.
E. 
If the utility is required to make an appointment or other arrangement to read the meter more than once during any 12-month period, a charge will be made for each appointment thereafter. Repeated failure to provide access may result in installation of remote metering devices at the utility's option. A service charge may be assessed for remote metering devices as noted in the schedule of electric fees and charges adopted by resolution by the city council.
(Code 1980, § 3.46.200; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
Temporary turn-on or turn-off for repair. Temporary turn-on or turn-off of electric service for the purpose of allowing the customer to make repairs or changes to wiring will normally be done by the utility during normal working hours.
B. 
Normal working hours are 8:00 a.m. to 4:00 p.m., Monday through Friday. There will be no charge for up to an hour of time. A charge will be made for each additional hour or fraction thereof. If this service is required outside normal working hours, the minimum charge will be as noted in the schedule of electric fees and charges adopted by resolution by the city council.
C. 
The above charge will also apply if the customer calls for emergency restoration of service during other than normal working hours, and it is determined that the problem is on the customer's side of the meter and is therefore the customer's responsibility.
(Code 1980, § 3.46.210; Ord. No. 736 § 2, 2004; Ord. No. 870 (Recodification), 2014)
A. 
General. Energy diversion is presumed to be caused by the customer receiving the benefit of service from the diversion.
B. 
Utility's right to discontinue service. Whenever the utility has determined that energy diversion is occurring or a hazardous condition exists at a given location, the utility shall investigate and may disconnect the service immediately.
C. 
Restoration of service. In order to restore service discontinued under the provision of subsection B of this section, the customer shall be required to pay, in advance, all of the following:
1. 
Minimum fee plus material or time plus material, whichever is higher.
2. 
Charges for estimated usage during the period in which the energy diversion occurred based on provisions of section 3.46.100.
3. 
Charges for discontinuance and restoration of service as covered in section 3.46.120, payments of deposits and the entire current bill.
D. 
Appeal by customer. Any portion of the charges set forth in this rule that is disputed by the customer may be appealed pursuant to the provisions of section 3.46.110.
E. 
Theft of service. The customer benefiting from diversion shall be assessed a fee to make the utility whole for labor and materials involved in investigating and making any required corrections.
(Code 1980, § 3.46.220; Ord. No. 736 § 2, 2004)