§ 51.36 FRAUDULENT OR UNAUTHORIZED USE OF ELECTRICITY.
   (A)   When it is reasonably determined that fraudulent or unauthorized use has occurred, Avilla may, subject to any provision of Commission Rule 16 to the contrary, disconnect service to that customer without notice and Avilla is not required to reconnect the service until a deposit and all the described penalties and charges are paid in full. In such instances, a penalty payment will be required, in the amount equal to six months estimated usage, as well as a penalty charge, as described in Exhibit I.
   (B)   When Avilla detects fraudulent or unauthorized use of electricity, or Avilla’s regulation, measuring equipment or other service facilities have been tampered with, Avilla may reasonably assume that customer or other user has benefitted by such fraudulent or unauthorized use or tampering. In such instances, the affected customer is responsible for payment of the reasonable cost of the service used during the period such fraudulent or unauthorized use or tampering occurred (or is reasonably assumed to have occurred) and, in addition, for the cost of field calls and/or effecting repairs necessitated by such use and/or tampering. Additionally, Avilla shall charge a minimum penalty fee, as described in Exhibit I, per occurrence for such field calls and repairs.
   (C)   If, after reasonable investigation, Avilla determines that a customer has tampered with seals on metering equipment, customer will be fined in accordance with Exhibit I for the first offense and be subject to disconnection of service for the second offense. If, after reasonable investigation, Avilla determines that a licensed electrician has tampered with seals on any metering equipment without proper notice to Avilla, the electrician will be subject to a fine, in accordance with Exhibit I, and be subject to Avilla pursuing the revocation of his/her electrician’s license.
(Ord. 1406-6-02, passed 6-18-2002)