[Ord. 425, 6/7/1950, Art. XXI, Introductory paragraph; as added by Ord. 447, 6/6/1951, § 4]
The supplemental regulations comprising §§ 502 through 515 shall govern the furnishing of electric service to the public by the Borough.
[Ord. 425, 6/7/1950, Art. XXI, Subsection A; as added by Ord. 447, 6/6/1951, § 4]
No person shall purchase electric energy from the Borough and resell the energy to another person within the Borough on a metered basis.
[Ord. No. 1237, 9/7/2022[1]]
1. 
Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates a different meaning:
AVOIDED COSTS
Incremental costs to the Borough of electric energy, capacity, or both which, if not for the purchase from the qualifying facility, the Borough would generate itself or purchase from another source.
BACK-UP POWER
Electric energy or capacity supplied by the Borough to replace energy ordinarily generated by a facility's own generation equipment during an unscheduled outage of the facility.
COGENERATION FACILITY
Shall have the meaning specified at 18 CFR 292.204, as amended.
INTERCONNECTION COSTS
The reasonable costs of connection, switching, metering, transmission, distribution, safety provisions, and administration incurred by the Borough directly related to the installation and maintenance of physical facilities necessary to permit interconnected operations with a qualifying facility. Interconnection costs do not include any costs included in calculation of avoided costs.
INTERRUPTIBLE POWER
Electric energy or capacity supplied by the Borough subject to interruption by the Borough under specified conditions.
MAINTENANCE POWER
Electric energy or capacity supplied by the Borough during scheduled outages of the qualifying facility.
PURCHASE
The purchase of electric energy, capacity, or both from a qualifying facility by the Borough.
QUALIFYING FACILITY
A cogeneration facility or a small power production facility.
SALE
The sale of electric energy, capacity, or both by the Borough to a qualifying facility.
SMALL POWER PRODUCTION FACILITY
Shall have the meaning specified at 18 CFR 292.204, as amended.
SUPPLEMENTARY POWER
Electric energy or capacity supplied by the Borough and regularly used by a qualifying facility in addition to that electric energy or capacity which the facility generates/provides itself.
SYSTEM
The facilities, lines, and equipment used to supply electric energy and/or capacity from suppliers to customers.
SYSTEM EMERGENCY
A condition on the Borough's system or any interconnected system that may result in an imminent significant disruption of service to customers or may imminently endanger life or property.
2. 
General. This section sets forth the manner in which the Borough will discharge duties conferred upon it by Title II of the Public Utility Regulatory Policies Act of 1978[2] and the Federal Energy Regulatory Commission's implementing orders including, without limitation, qualifying facility Rates and Requirements Implementation Issues Under the Public Utility Regulatory Policies Act of 1978, Order No. 872, 85 FR 54638 (Sept. 2, 2020), 172 FERC § 61,041 (2020).
[2]
Editor's Note: See CFR 290.101 et seq.
3. 
Applicability. This section shall apply to any purchases from or sales to any qualifying facility made by the Borough.
4. 
Criteria for Qualifying Facility Status. The criteria for qualification of small power production facilities and cogeneration facilities as qualifying facilities under this section are the same as those adopted by the Federal Energy Regulatory Commission, including, but not limited to, 18 CFR Sections 292.203, 292.204, 292.205, and 292.206, as amended.
5. 
Availability of Data. The Borough shall, upon request, make available the data necessary to enable qualifying facilities to estimate the Borough's then-current estimated avoided cost with respect to both energy and capacity, using the procedures and requirements set forth in this section.
6. 
Borough Obligations.
A. 
The Borough shall purchase any energy and capacity which is made available to it from a qualifying facility, except as provided in Subsections 6.B and 6.C of this section, in accordance with the then-current requirements of PURPA and any implementing orders from the Federal Energy Regulatory Commission.
B. 
The qualifying facility's right to sell power to the Borough shall be curtailed in periods when, due to operational circumstances, purchases from qualifying facilities will result in costs greater than those which the Borough would incur if it generated an equivalent amount of energy instead of purchasing that energy.
C. 
During any system emergency, the Borough may discontinue:
(1) 
Purchases from a qualifying facility if such purchases would, in the Borough's sole reasonable discretion, contribute to such emergency; or
(2) 
Sales to a qualifying facility on a nondiscriminatory basis.
D. 
Rates for Sale. The Borough shall sell power to a qualifying facility except as provided in Subsection 6.C(2) of this section. Rates for sale shall be just and reasonable in the public interest, and nondiscriminatory. Rates for sale which are based on accurate data and consistent system costing principles shall not be considered to discriminate against any qualifying facility to the extent that such rates apply to the Borough's other customers with similar load or cost-related characteristics. If the Borough provides back-up power or supplementary power to a qualifying facility, then costs associated with that capacity reservation are properly recoverable from the qualifying facility.
E. 
Interconnection.
(1) 
The Borough shall make any interconnection with a qualifying facility that is necessary for the purchase and sale of electric energy and/or capacity to or from that qualifying facility. Owners of qualifying facilities shall be required to pay for all interconnection costs. Payment shall be made over a reasonable period of time, and terms of payment shall be a part of the contract between the Borough and the qualifying facility.
(2) 
The Borough shall operate in parallel with a qualifying facility, provided that the qualifying facility complies with applicable standards established in accordance with Subsection 8 of this section and all applicable Borough ordinances, rules, regulations, and published tariffs and fees.
(3) 
A qualifying facility seeking to interconnect with the Borough shall submit an application containing all information required by the Borough and reasonably necessary to study the impacts of the proposed facility on the Borough's distribution system.
7. 
Purchase of Output from Qualifying Facilities.
A. 
Rates for purchase of output of a qualifying facility shall be just and reasonable to the retail electric customers of the Borough, in the public interest, and nondiscriminatory. Any rate for the purchase of the output of a qualifying facility shall ensure that the Borough's retail customers do not subsidize the development, construction, or operations of any qualifying facility selling capacity and/or energy to the Borough.
B. 
The Borough, in its discretion, may establish rates for purchases of energy from a qualifying facility based on the locational marginal price (LMP) calculated by PJM Interconnection, LLC (PJM) at the applicable pricing node for the Borough.
C. 
To the extent that rates for the purchase of capacity or energy are not established pursuant to Subsection 7.B of this chapter, the following factors shall be taken into account when determining the final purchase price:
(1) 
The availability of capacity or energy from a qualifying facility during the Borough System's daily and seasonal peak, including: the ability to dispatch the qualifying facility, reliability, terms of contract, duration of obligation, termination requirements, ability to coordinate scheduled outages, usefulness of energy and capacity during system emergencies, compliance with the requirements of PJM or any successor thereto, and the individual and aggregate value of energy and capacity from qualifying facilities on the Borough's System.
(2) 
The ability of the Borough to avoid costs, if any, due to deferral, cancellation, or downsizing of capacity additions from the qualifying facility.
D. 
All rates for purchases of energy and/or capacity from a qualifying facility pursuant to either a legally enforceable obligation or on an as-available basis shall vary through the life of the obligation, and shall be set at the Borough's avoided cost for energy calculated at the time of delivery.
8. 
Utility Safety and System Protection Requirements. Any qualifying facility operating in the Borough shall provide adequate equipment to insure the safety and reliability of interconnected operations and comply with all Borough requirements and specifications. This equipment shall be specifically designed, installed, and operated to protect interconnected operations between the qualifying facility and the Borough's system. The qualifying facility shall be solely responsible for the cost of obtaining, installing, maintaining, repairing, renovating, replacing, removing, and operating this equipment.
9. 
Additional Services to Be Provided to Qualifying Facilities. Upon request by a qualifying facility, the Borough shall provide, at rates reasonably determined by the Borough, supplementary power, back-up power, maintenance power, and interruptible power; provided, however, that the Borough shall not be obligated to provide such services if the Borough determines that such service would impair its ability to render adequate service to its other customers or would be unduly burdensome on the Borough's system.
10. 
Wheeling. The Borough may wheel power to another utility if the qualifying facility approves. This provision shall not eliminate the responsibility of the Borough to purchase power from the qualifying facility if the qualifying facility does not approve the wheeling transaction.
11. 
Legally Enforceable Obligations. No legally enforceable obligation will be created until the qualifying facility has demonstrated, to the Borough's reasonable satisfaction:
A. 
The commercial viability of the qualifying facility's project ("project");
B. 
A financial commitment from the qualifying facility to construct the project;
C. 
The project's compliance with all applicable Borough's laws, rules, and regulations, including, but not limited to, this section of the Borough Code; and
D. 
The project's compliance with the then-current requirements of PURPA and any implementing orders from the Federal Energy Regulatory Commission.
12. 
Negotiated Rates. This section shall not restrict the creation and execution of voluntary, written agreements between a qualifying facility and the Borough consistent with the provisions of this section concerning the purchase of electric power and/or capacity from the facility.
13. 
Adopted Rates.
A. 
The Borough hereby adopts the method of calculating avoided cost rates for capacity and energy identified in Appendix A attached to this chapter, as well as, the Borough's current estimated avoided costs. This calculation method was created in compliance with the current requirements of PURPA and any implementing orders from the Federal Energy Regulatory Commission. From time to time, Borough Council may, by resolution, revise this calculation method to ensure its continuing compliance with PURPA and any implementing orders from the Federal Energy Regulatory Commission.
B. 
The avoided cost estimates set forth in Appendix A are based on the Borough's current contractual arrangements and supply portfolio and are subject to change. From time to time, the Borough Manager, in consultation with the Superintendent of the Electric Department, may, as necessary, update the Borough's avoided cost rates using the calculation method in Appendix A, as may be revised in accordance with Subsection 13.A, above, to reflect the Borough's then-current avoided cost estimates. The Borough shall publish its estimated avoided cost rates as part of the Borough's annual Fee Schedule.
C. 
Any avoided cost rate adopted pursuant to this section shall ensure that the Borough's other electric customers and other electric suppliers do not subsidize the operations of any qualifying facility selling capacity, energy, or both to the Borough.
[1]
This ordinance also repealed Res. 15-82, 4/7/1982.
[Ord. 425, 6/7/1950, Art. XXI, Subsection B; as added by Ord 447, 6/6/1951, § 4; as amended by Ord. 1004, 7/6/1994]
1. 
Electric service will normally be provided at 60 cycles and at the following voltages only:
A. 
One hundred ten volts and 120/240 volts, single-phase.
B. 
Two hundred twenty volts, three phase, three-wire, delta connected.
C. 
One hundred ten by two hundred twenty volts, single- and three phase, four wire, delta connected, where available.
D. 
One hundred twenty by two hundred eight, three phase, four wire Y connected.
2. 
Any motor of five horsepower or more, or any combination of motors aggregating 10 horsepower or more shall, if required by the Borough, be served at three phase. Power loads of equivalent rating other than motors shall be served as the Borough directs. All motors of five horsepower or more served at secondary voltage shall be equipped with a suitable reduced voltage starting device, unless specifically excepted by the Borough. The Borough may refuse to furnish three-phase service to any premises unless a reasonable return from the investment required for that service is guaranteed.
[Ord. 425, 6/7/1950, Art. XXI, Subsection C; as added by Ord. 447, 6/6/1951, § 4]
Users of energy furnished at three phase must maintain a suitable balance of load upon the three phases and may be required to separate single-phase loads from three phase for separate metering to achieve that balance. Failure of a user to maintain a reasonable balance of load after due notice may be cause for termination of three-phase supply until the unbalance is corrected.
[Ord. 425, 6/7/1950, Art. XXI, Subsection D; as added by Ord. 447, 6/5/1951, § 4]
Users of energy must maintain their equipment in that manner and must provide those auxiliary devices as may be required as to prevent interference with radio or other communication signals and to prevent undue fluctuation of load resulting in flickering lights or other disturbance. The Borough may refuse to serve or continue to serve premises where these conditions are violated.
[Ord. 425, 6/7/1950, Art. XXI, Subsection E; as added by Ord. 447, 6/5/1951, § 4]
Parties requesting underground service between the Borough pole line and house or building may secure that service by first securing permission from the Borough, after which they will be required to arrange for the installation at their own expense.
[Ord. 425, 6/7/1950, Art. XXI, Subsection F; as added by Ord. 447, 6/5/1951, § 4]
No person shall attach to any pole, wire, or structure of the Borough any advertising matter or sign of any kind, or any radio antenna, or clothesline, nor make any other attachments not approved by the proper representatives of the Borough.
[Ord. 425, 6/7/1950, Art. XXI, Subsection G; as added by Ord. 447, 6/6/1951, § 4]
No person may, without specific authorization from Council, extend privately owned wires across any public street or alley.
[Ord. 432, 12/6/1950, §§ 1 and 2]
1. 
Bypassing Defined. It shall be unlawful for any person with intent to evade payment of the electric charges, to install or permit or procure the installation of any wire, appliance or fixture for the purpose of conducting electricity into any building without first connecting that wire, appliance or fixture to an electric meter furnished, provided or approved by the electric department, or to bypass any electric meter or registering device for the purpose of introducing electric current with intent to evade payment of the charges made for that electric current.
2. 
Special Authorization for Bypassing Meters. Permission first acquired from the Manager or the superintendent of the electric department in writing allowing the applicant, upon payment of the proper charges, to bypass a meter or registering device shall be deemed full compliance with this Part.
[Ord. 77, 7/6/1893, § 1 and 2]
1. 
The superintendent of the electric department shall have full authority to order and direct the linemen to remove all branches of trees that project in any manner or form whatsoever, so as to interfere with or obstruct the light of any public street light from lighting any street that the light is intended to illuminate, and also to remove all branches or limbs of any tree that interfere with the proper working of the current of electricity upon the main lines or circuits. The superintendent, linemen and other employees shall have full authority to enter upon private property for the purpose of performing their duties as above directed. The superintendent, linemen and other employees shall perform the work authorized by this section, work in a workmanlike manner, and clean up the streets of the branches, or cause the same to be done, immediately after the work of trimming has been completed.
2. 
The expense of the work authorized by this section shall be paid out of the Borough treasury.
[Res. 2/3/1965]
The contract for mercury vapor lighting, in the form presented to Council, is approved and the Borough is authorized to contract with all applicants who are electric consumers in the Borough or who are now or in the future served by the electric department and who otherwise qualify for the installation of the fixture according to the terms of the proposed contract and regulations of the electric department. This contract shall be binding upon both the Borough and the customer at the time that the customer executes the contract in the manner provided in the contract.
[Res. 5/4/1966; as amended by Ord. 1004, 7/6/1994]
The policy for providing underground electric service to utility customers of the Borough shall be as follows:
A. 
Customer desiring underground service will open the necessary ditch to a depth of 30 inches through an area agreed upon by the Manager or his appointed representative and will close the ditch when the conduit and cable is installed.
B. 
The Borough will lay the conduit and cable in the open ditch and will supervise backfilling.
C. 
Underground service will be supplied only from a pole adjacent to the customer's property.
D. 
Borough will lay the cable and make all connections.
E. 
Customer will maintain the underground service when the installation is completed and the Borough will accept no responsibility for any causes beyond its control.
F. 
The cost to the electric customer will be a fee equal to the total cost of the Borough's labor and material.
[Ord. 425, 6/7/1950, Art. XXI, Subsection H; as added by Ord. 447, 6/6/1951, § 4]
The electric department may make any further regulations as it may from time to time deem necessary for the safe and efficient installation and operation of electrical equipment served from its system.
[Ord. 432, 12/6/1950, § 3; as amended by Ord. 7/6/1994]
Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.