§ 50.41 QUALIFICATIONS.
   (A)   A QUALIFYING CUSTOMER is a new or existing non-residential customer in the utility’s service territory that is establishing new operations or expanding existing operations such that the new or expanded operations will result in new or additional demand of at least one MW (1,000 kW) at one delivery point (the “qualifying demand”) and the new or expanded operations has involved a capital investment in the amount as shall be set by the Town Council from time to time within the utility’s service territory.
   (B)   For a qualifying customer that is expanding operations, qualifying demand is measured from the average monthly peak demand for the 12 months immediately preceding the effective date of the service application. For a qualifying customer that is establishing new operations, qualifying demand is measured from zero.
   (C)   (1)   A qualifying customer is not a customer:
         (a)   With “new” demand that results from a change in ownership of an existing establishment without qualifying new load;
         (b)   Renewing service following interruptions such as equipment failure, temporary plant shutdown, strike, economic conditions or natural disaster; or
         (c)   That has shifted its load from one operation or customer to another within the utility’s service territory.
      (2)   The utility may determine exclusively, without recourse by the customer, whether an event has occurred that would prevent a customer from being a qualifying customer.
(Ord. 2018.05, passed 9-18-2018)