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At such time as the consumption of fuel by the Department’s electrical generating facilities exceeds fuel supplies, including inventory and firm deliveries, which are estimated to provide for less than 40 days of system operation and fuel supplies levels are expected to continue to decline, the Mayor may order that no customer shall make, cause or permit any use of electrical energy provided by the Department of Water and Power in a manner which is contrary to the provisions of Subsections a through d of this section. Said order shall be made in accordance with Section 131.05.
a. Prohibited Uses.
(i) Any use prohibited in Subsection a through f of Section 132.01.
(ii) The illumination of billboards at any time whatsoever.
(iii) Functional outdoor business lighting at any time whatsoever.
(iv) the illumination of or in connection with outdoor non-commercial recreational or cultural activities of any nature whatsoever at any time whatsoever.
(v) Outdoor commercial or cultural activities of any nature whatsoever in an amount in excess of fifty percent (50%) of the amount used by that customer in the base period for the same or similar activity.
b. Residential Restrictions. No customer shall make, cause or permit the use of electricity from the Department for residential purposes in an amount in excess of eighty-eight percent (88%) of the amount used during the base period, as defined in this chapter. No customer shall use electricity provided by the Department for the heating or lighting, or both, of swimming pools located on private residential property. For the purpose of this subsection, a customer is deemed to be using electricity for residential purposes if the customer is receiving such electricity pursuant to the Department’s D-1 Domestic Service Schedule or is receiving such electricity solely for consumption on and in premises used exclusively for non-transient residential purposes. As used in this subsection, premises shall be deemed to be used exclusively for non-transient residential purposes if substantially all of the residents therein occupy the dwelling units thereof on a month-to-month, or longer, tenancy, with rent therefor payable not more frequently than monthly. Such premises include mobile home parks that meet the requirements of this subsection in all other respects.
c. Commercial and Institutional Restrictions. No customer shall make, cause or permit the use of electricity from the Department for any purpose whatever in the operation of an institutional or commercial enterprise in an amount in excess of sixty-seven percent (67%) of the amount of electrical energy consumed by that customer in that enterprise during the base period as defined in this chapter. A customer is deemed to be using electricity for the operation of a commercial enterprise if the customer is receiving electricity pursuant to the Department’s General Service Schedules, other than customers receiving electricity for residential purposes as defined in Subsection b above, and is engaged in those activities described in Major Groups 40-86 and 89-99, inclusive, and Appendix ‘A’ thereto, of the Standard Industrial Classification Manual, 1972 Edition, prepared by the Statistical Policy Division of the Executive Office of the President, Office of Management and Budget.
d. Industrial Restrictions. No customer shall make, cause or permit the use of electricity from the Department in the operation of any industrial enterprise in an amount in excess of eighty-four percent (84%) of the amount of electricity consumed by that customer during the base period as defined in this chapter. A customer is deemed to be using electricity for the operation of an industrial enterprise if the customer is receiving electricity pursuant to the Department’s General Service Schedule and is engaged in those activities described in Major Groups 01-39, inclusive of Appendix ‘A’ thereto, of the Standard Industrial Classification Manual, 1972 Edition, prepared by the Statistical Policy Division of the Executive Office of the President, Office of Management and Budget.
Notwithstanding any other provision of this article, any reduction in the use of electrical energy by any customer during any single period in excess of the amount required by this article shall be applied as follows:
a. Said surplus shall be applied to that customer’s electrical energy consumption figure for the immediately preceding billing period and thereby reduce or avoid a penalty incurred during said period. Any penalty so avoided in its entirety shall not be considered a prior violation for the purpose of computing increased penalties pursuant to Section 134.02.
b. Any surplus remaining after the application of the surplus as provided immediately above shall be applied to offset that customer’s excessive usage of electrical energy by the customer during the billing period immediately following the accumulation of said surplus. Said carry-forward of the surplus shall operate only as an offset to excessive usage and shall not be applied to any use of electrical energy in an amount at or below the customer’s allowable maximum consumption thereof.
c. Exception. In no event may any surplus reduction be applied as an offset to any billing period other than that immediately preceding or immediately following the billing period in which said surplus reduction occurred, or both, nor may any surplus reduction be applied by any customer to offset excessive consumption of electricity by any other customer or at any other location, whether or not owned or operated by that customer, except as expressly permitted by the Department pursuant to the discretionary powers vested in it by this chapter. Notwithstanding the accumulation of any surplus reduction, in no event shall any customer use electricity for any use specifically prohibited by this chapter.
Nothing contained in Subsections g, h and i of Section 132.01 or Subsections b, c and d of Section 132.02 shall be deemed to require any customer of the Department to reduce their consumption of electrical energy provided by the Department to an amount less than 400 kilowatt hours at each meter during any monthly billing period or 800 kilowatt hours at each meter during any bimonthly billing period, nor shall anything contained therein be deemed to require those customers falling within Major Group 80 or Group No. 866 of the Standard Industrial Classification Manual, 1972 Edition, prepared by the Statistical Policy Division of the Executive Office of the President, Office of Management and Budget, to reduce their consumption of electrical energy to less than ninety percent (90%) of their base during Phase I, or less than eighty percent (80%) of their base during Phase II, of the Emergency Energy Curtailment Plan.
For customers who have installed dual metering (time- of-day metering), the total consumption from all registers shall be considered in computing total consumption for the purpose of this article.
No customer shall, during those peak demand hours established by the Mayor pursuant to Section 131.05, make, cause or permit any use of electricity energy provided by the Department in a manner which is contrary to the provisions of Subsections a through f of this section.
a. Outdoor Advertising and Decorative Lighting. Any use of electrical energy for the following purposes is prohibited:
(i) to light billboards or signs;
(ii) to advertise goods or services;
(iii) to identify the providers of goods or services;
(iv) to display goods, objects, or designs symbolic of commercial enterprises, trademarks, or logo;
(v) to operate motors or devices to rotate or move advertising signs;
(vi) to operate pumps or other devices in fountains which are primarily decorative;
(vii) to operate building floodlighting, architectural or decorative lighting, or lights used for landscaping;
(viii) any other purpose similar to items (i) through (vii) above.
b. Functional Outdoor Lighting. Any use of electricity energy for the floodlighting of outdoor commercial areas, including, but not limited to, service stations, used car lots, new car lots, automobile parking lots, or similar businesses is prohibited.
c. Comfort Heating and Cooling. Any use of electricity energy for the following purposes is prohibited:
(i) to provide space heating to raise the temperature in any occupied establishment, building, structure or residence above 65° F or, if unoccupied, above 55° F;
(ii) to provide space cooling for unoccupied areas or to lower the temperature in any occupied establishment, building structure or residence below 85° F;
(iii) notwithstanding (i) and (ii) above, to heat or cool vacant hotel, motel, banquet, convention, recreational, or similar guest accommodation facilities
(iv) notwithstanding (i) and (ii) above, to heat sleeping facilities, including residences, above 55° F during sleeping hours.
During periods of extreme capacity shortages as determined by the General Manager, the Mayor may, by following the procedures established in Section 131.05, order that the use of heating and air conditioning equipment be discontinued or that they be set at a temperature setting to be designated in the order during peak demand hours, except in those buildings where this section would close off all ventilation.
d. Indoor Business Lighting. The use of electricity is prohibited for window displays and for lighting the interior of any business establishment during that period of time that said establishment is not carrying on the usual and customary activities of that business, provided, however, that a business establishment may provide sufficient illumination to carry out ordinary and customary maintenance and janitorial services.
e. Swimming Pool Timer. Timers associated with private swimming pool pumps and filtration equipment maintained by an individual for the use of the individual’s family and friends shall not be set to operate such equipment during the peak demand hours.
f. Nonessential Uses of Electricity. All nonessential uses of electricity during the peak demand hours shall be deferred to nonpeak hours. Such uses include, but are not limited to, use of appliances such as clothes washers and dryers, dishwashers, hydro- message comfort pools, and unneeded lighting.
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