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Any customer against whom a penalty is or may be levied pursuant to this chapter shall have a right to a hearing on the merits of the alleged violation upon the written request of that customer. The Council and Mayor shall adopt such regulations and rules as they, in their sound discretion, deem reasonable and necessary to the formation, procedure and operation of one or more appeal boards to conduct hearings pursuant to this section.
a. Prerequisites to Relief. Any customer who is dissatisfied with the application of any of the provisions of this chapter, as the same relate to the customer, may seek relief as set forth below. No relief shall be granted to any customer in the absence of a showing by the customer that the customer has achieved the maximum practical reduction in electricity consumption in their residential, commercial or industrial energy usage, as the case may be, other than in the specific area in which relief is sought. In deciding what is the maximum practical reduction in electricity consumption, the appeal board shall take into consideration all relevant factors, specifically including, although not limited to, the particular question of whether any additional reduction in electrical energy consumption will result in a significant rise in unemployment. Any relief granted pursuant to this subsection shall be only to the extent minimally necessary to avoid a significant rise in unemployment and to achieve the ends reasonably sought in making the application. No relief shall be granted to any customer who, when requested by the Department, fails to provide the Department with information whereby the services provided to the customer can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this chapter.
b. Relief Available. A customer may seek relief as herein provided for any application of the provisions of this chapter that adversely affect the customer at such times as Phase I of the energy curtailment plan is in effect. During Phase II of the energy curtailment plan or any subsequent phase which may hereinafter be imposed, or during the capacity curtailment plan, a customer may seek relief as herein provided only as to the issue of whether that customer committed the particular act or acts, or omitted to perform the particular act or acts, as alleged by the Department.
c. Procedure for Application for Relief. The Mayor, with the concurrence of the City Council, shall establish such number of review boards and appeal boards as the Mayor deems necessary. Each such board shall be composed of 3 members, one of whom shall represent business, one of whom shall represent labor, and one of whom shall represent the general public.
(i) A review board shall promptly examine all Department administrative action regarding resolution of applications for relief which affect commercial, industrial or institutional customers and shall promptly examine a representative sample of the administrative action taken by the Department regarding the request for relief by residential customers.
(ii) As to each request for relief considered by it, a review board shall, in its discretion, either: not take exception to the Department’s disposition of the matter; return said matter to the Department for reconsideration; or forward the matter to an appeal board. If no exception is taken to the Department’s disposition of the matter, or if the Department’s disposition of the matter is not considered by a review board, and the customer has not filed a timely application for a hearing pursuant to Subsection (d) below, said disposition shall become final.
(iii) Applications for relief from the provisions of this chapter and the operation of the review and appeals board shall be in accordance with the rules and regulation established by the Mayor with the concurrence of the City Council.
d. Administrative Remedies. The filing by a customer of an application for a hearing before an appeal board, within five (5) days of the Departmental action complained, shall automatically stay the implementation of the proposed course of action by the Department pending the decision of the appeal board. No other or further stay shall be granted by the Department. Requests for relief hereunder may be filed immediately upon this chapter becoming effective.
e. Wilful Misrepresentation. Notwithstanding any other provision of law, and in addition thereto and not in lieu thereof, any wilful misrepresentation of material fact by any person to the Department or to any review or appeal board established pursuant to this chapter, made for the purpose of securing relief from the provisions of the chapter for any customer, is unlawful. A violation of this subsection shall be punishable by a fine not exceeding the sum of five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six (6) months, or both such fine and imprisonment.
Nothing contained in this chapter shall be construed to require the Department to curtail the supply of electricity to any customer when, in the discretion of the Department or an appeal board, such energy is required by that customer to maintain an adequate level of public health and safety, nor shall anything in this chapter be construed so as to require action by any customer which would violate any federal, state or local law, rule, or regulation, or endanger the health and safety of any person, or fail to provide a minimal level of security.
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