In times of emergencies or in times of gas shortage, the gas department reserves the right to restrict the purposes for which gas may be used by a customer and the amount of gas which a customer may use.
A time of gas shortage within the meaning of this section shall be deemed to exist whenever the actual use or the reasonably anticipated use of gas in any day, or any other fixed period of time exceeds the quantity of gas the gas department is entitled to obtain and can obtain from the gas department's supplier without incurring any overrun penalties or charges in excess of the price normally paid for natural gas.
(1) Insofar as is reasonably practical, the following priorities shall be observed when the gas department finds it necessary or desirable to restrict the use of gas as authorized by this section, with the highest priority of use being the first named and the subsequent uses being in descending order or priority.
(a) Residential customers.
(b) Small commercial customers (less than 50 MCF on a peak day).
(c) Large firm commercial customers (50 MCF or more on a peak day) and firm industrial customers.
(d) Interruptible customers.
Interruptions or curtailments may be on a day to day basis or customers may be restricted on the amount of gas they are allowed to use in a stated period of from one (1) to twelve (12) calendar months.
(2) Nothing contained herein shall prevent the gas department from varying the priorities as stated above or varying the degree of curtailment when such variance is necessary to prevent interference with essential public services including the operation of hospitals, schools, educational institutions, utility services, and governmental operations, or whenever the gas department in the exercise of a reasonable discretion, determine such variance to be necessary where:
(a) The use of an alternate fuel would impose unacceptable safety hazards or is otherwise not technically feasible.
(b) Natural gas is used as raw material for its chemical properties in creating an end product.
(c) Applications requiring precise temperature controls and precise flame characteristics where the flame is in direct contact with the material being processed and alternate fuels are not technically feasible.
(d) Abnormal circumstances, such as strikes, plant closings, etc., during the "base period" being used as a basis for curtailment resulting in lower "base period" volumes than the annual usage normally would have been during the base period.
To insure that any variances granted shall be uniform and nondiscriminatory in nature, an advisory committee composed of industry representatives and/or other technically qualified persons shall be formed to study any request for variance from any curtailment which may be imposed under the terms of this section. Recommendations from this committee shall be given due consideration but shall not be binding upon the gas department in determining whether or not a variance is to be granted. Any variance granted or refused by the gas department may be appealed to the city council.
The gas department shall establish written procedures for the implementation of any curtailment resulting from the inability to obtain sufficient gas supplies for the requirements of its customers. Customers likely to be curtailed will be notified as far in advance as practicable and shall be given information on their priority classification, a copy of the sections of the municipal code pertaining to the gas curtailment, and the written procedures developed by the gas department for implementing the curtailment.
Whenever a customer takes gas in excess of the amount allowed under any notice from the gas department restricting or interrupting the customer's use of gas, the customer shall be required to pay to the gas department for any penalties or other excess charges incurred by the gas department including, but not limited to, propane, liquified natural gas furnished by the department's supplier and/or through its own facilities, or other gaseous products. In addition, should said excess use of gas cause the department to incur damages
#93116, September 1993. Section IV of Ord. #93116, states "It is further ordained that this ordinance shall become effective with all bills for gas service rendered after September 25, 1993, the public welfare requiring it." or other liabilities from its other customers, the customer shall be required to discharge same and hold the department harmless therefor. Refusal to pay such charges, penalties, or damages or continued or willful overruns shall be sufficient grounds for cancellation of service to such customer, as well as legal proceedings to collect such charges, penalties or damages.
A customer's maximum day may be determined by recording devices, actual day by day readings, or calculated from the previous twelve months maximum consumption. For heating customers, this calculation shall be based on 5% of the maximum months consumption. For customers whose usage is practically constant regardless of weather conditions, the calculation shall be the maximum months consumption divided by the number of days normally worked in a month. The method used shall be the method determined by the gas department to be the most practical.
(1970 Code, § 13-222)