The developer/permittee agrees that the project shall be operated and maintained consistent with good utility practice for comparable facilities. For purposes of this agreement, GOOD UTILITY PRACTICE shall mean any of the practices, methods or acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods and acts which in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good utility practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be acceptable practices, methods or acts generally accepted in the region. Under no circumstances shall the definition of “good utility practices” include any violation, regardless of degree, of any local, state and/or federal law, ordinance, rule and/or regulation.
(Ord. 5-2006, passed 12-7-2006)