The following rules and regulations for electric service shall be deemed a part of each schedule of rates now or hereafter published by the City, and every contract for the furnishing of electric service by the City shall be deemed to include all of the terms and conditions of such rules and regulations.
(a) Definitions. Certain words used in contracts, schedules and rules and regulations for electric service of the City shall be understood to have the following meanings:
(1) “City” is understood to mean the City of New Martinsville Municipal Electric Department, New Martinsville, West Virginia.
(2) “Customer” is understood to mean any person, group of persons, firm, corporation or institution receiving and using electric service supplied by the City through a service connection or owning the premises so supplied through such service connection.
(3) “Service” is understood to mean any electric energy or service which the City may supply, or any duty or obligation which may be performed by it.
(4) “Month” is understood to mean one-twelfth of a year and may be any period of twenty-five to thirty-five consecutive days.
(5) “Service connection” is understood to mean each connection through which the City furnishes any electric service to the consumer.
(6) “Operation” is understood to mean a single enterprise conducted by a customer where all of such enterprise is prosecuted as one unit.
(b) Character of Service. Unless otherwise specifically agreed upon, the City will furnish single or three-phase, sixty-cycle alternating current.
(c) Application.
(1) Upon application at City Hall, a copy of the rates and rules and regulations under which service is to be rendered will be furnished to the customer. The customer shall have the responsibility for selecting the proper applicable rate schedule upon which his service shall be furnished. The City will, at the request of the customer, assist in selecting an appropriate applicable rate.
(2) A written application will be required for each customer under the rates so selected by him, which application, when duly accepted by the City, shall constitute a contract between the customer and the City. The use of electric service shall obligate the customer to pay for the service used, regardless of whether an application has been made and signed.
(3) An electric service agreement, when properly executed on the part of the City and the customer, will constitute a contract between the customer and the City.
(4) The City shall have the right to reject any application, if the application is for service beyond or outside the territory served by it, or in case of an unsafe or dangerous condition found to exist on the applicant’s premises, or for other good and sufficient reason shown.
(d) Deposits.
(1) For new structures, the City shall require any applicant or customer to make a cash deposit equal to the deposit rate of the type of service as set forth in the Customer Deposit Rates herein below:
CUSTOMER DEPOSIT RATES | |
RESIDENTIAL: | |
HOUSE - 100 AMP (mixed fuel) | $150.00 |
HOUSE - 200 AMP (mixed fuel) | $200.00 |
HOUSE - 200 AMP (all electric) | $250.00 |
MOBILE HOME - 100 AMP (mixed fuel) | $250.00 |
MOBILE HOME - 200 AMP (all electric) | $300.00 |
BUSINESS: | |
200 AMP or smaller (small) | $350.00 |
200-600 AMP (medium) | $400.00 |
600 AMP or larger (large) | $600.00 |
For existing structures, the applicant or customer shall deposit an amount not to exceed one-twelfth of the estimated annual bill of such applicant for residential service and one-sixth of the estimated annual bill of each applicant or customer for all other service to secure the City from loss. The City from time to time may require a deposit in accordance with the Customer Deposit Rates as a guarantee of payment for electric services on delinquent and/or past due accounts. The City shall not be required to supply electricity until the deposit has been paid. It may also terminate service if the deposit or any increase thereof is not paid when required. After a customer has paid bills for service by not later than the date due for twelve consecutive months, the City shall promptly refund any deposit made by such customer prior to such period plus accrued interest thereon. Simple interest at the annual rate specified under the rules and regulations for the government of electric utilities of the state public service commission will be paid at the end of such period or at the day of discontinuance of service on any deposit which has remain with the City for a period of six months or longer. For the purpose of this rule, calculation of the twelve consecutive month’s period shall commence from the first regular payment or, in the event of payment of a past-due bill, from such latter date. The City shall have a reasonable time in which to read and remove its meters and to ascertain that the obligations of the customer have been fully performed before refunding any deposit.
(2) A. The City may accept, in lieu of the cash deposit, the guarantee of a financially responsible guarantor. The guarantor shall receive copies of disconnection notices sent to the customer whose account has been guaranteed: Provided, however, that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to commercial nor industrial customers.
B. Guaranty agreements shall terminate after the customer has satisfactorily paid bills for service for twelve consecutive months, or when the customer gives notice to the City of the discontinuance of service where no notice was given or at the guarantor’s request upon thirty (30) days written notice to the City. In any case, after the automatic termination of a security agreement, where experience indicates that a cash deposit or a new guaranty agreement is reasonably necessary to secure the City from loss, a cash deposit or a new guaranty agreement may be required upon written notice to the customer.
(3) Where temporary service is furnished, the customer shall, before service is supplied, deposit with the City or make suitable guarantee for payment of an amount equal to the estimated bill as determined from the applicable rate schedule and the estimated cost of making and removing the connection, including poles, lines, transformers, meters, other necessary equipment and all labor and expenses incurred, less the salvage value of all materials to be recovered.
(e) Service Connection.
(1) The City will make the necessary overhead connection and will extends its service wires to the wire entrance of the customer’s building, which connection is to be placed at a location harmless to the public and convenient to the lines of the City.
(2) The City does not inspect the wiring installed with a view to determining its sufficiency or its safety; it retains the right to refuse service at any installation which it considers to be an unsafe condition.
(3) The customer shall properly install and maintain, at its own expense, all wiring location on the customer’s side of the electric service. All such wiring shall be installed and maintained in accordance with the National Electrical Code, the National Electrical Safety Code and any other National, State or local codes of any authority having jurisdiction. The customer shall bring his wiring outside of the service weather head a minimum of eighteen (18) inches and in such a manner that it is easily accessible to the City’s line. A readily accessible, and approved and properly sized (as per NEC requirements), main disconnect panel shall be located inside the building and prior to the connection of any electrical loads.
(4) When a service connection other than overhead service drop is required, the applicant for service shall be responsible for the additional cost attributed to such facilities or as otherwise provided by any applicable regulatory rules of the state.
(f) Meter Connection.
(1) The customer shall provide, free of expense to the City, a suitable place for the electric service meter or other equipment or devices of the City. The City will furnish and connect the necessary metering apparatus for measuring the service to the customer. The location provided by the customer shall be convenient for the reading, inspection and testing of the meter by the City.
(2) Prior to the connection of service by the City, the customer shall furnish and install, and shall thereafter maintain at all times, a ground connection in compliance with the requirements of the National Electrical Code, as the same may be amended from time to time.
(3) Unless provided otherwise, by contract, the point at which the customer’s installation is connected to that of the City shall be known as the “service point”. The City shall not be liable for any loss, injury or damage resulting from the customer’s use of his equipment or occasioned by the energy furnished by the City beyond the service point.
(g) Responsibilities of Customer.
(1) The City shall have the right at all reasonable hours to enter the customer’s premises for the purpose of installing, removing, reading, testing, replacing or otherwise disposing of its apparatus and property; and the right of entire removal of its property in the event of the termination of the contract for any cause.
(2) The City shall in no way be responsible for damages arising from an error or defect in the wiring of the customer. All wiring is to be in accordance with regulations of the National Electrical Code, the National Safety Code or any other authority having jurisdiction.
(3) The customer is to install only such motors or other apparatus or appliances as are suitable for operation with the specific character of services supplied by the City, and which will not be detrimental to the same. The electric service is not to be used in such a manner as to cause unprovided for voltage fluctuations or disturbances in the City’s distribution system. The City will be the judge as to the suitability of apparatus or appliances to be connected to lines, and as to whether the operation of such apparatus or appliances will be detrimental to its general service, subject to determination by the state public service commission in case of controversy.
(4) The customer shall not interfere with or allow others to interfere with the meter or meters or outside wiring of the City. All complaints concerning the service and the meter shall be made directly to the City’s business office at City Hall.
(5) The customer shall not make any material additions to his installation which cause the power requirement to exceed the service capacity for which the customer has contract without the prior written consent of the City. If the City consents to any such increase, such service capacity shall be increased to an amount equal to the increased power requirements to which the City so consented. Should the customer increase his power requirements above the amount of the power requirement contracted for or the amount of the power requirement consented to by the City, the customer shall be responsible for, and indemnify the City against, any losses, damages or injuries sustained by the City or otherwise resulting therefrom, and all claims therefor.
(6) If a customer makes a reduction from his connected load, he must notify the City in writing; otherwise, no credit will be allowed. Any changes affecting the billing for service shall be effective from the succeeding meter reading for billing purposes, and such billing is to be based on such revised connected load or capacity as may be determined by the City’s inspector.
(7) The customer’s contract for electric service is not transferable without the written consent of the City.
(8) The customer shall give the City three days’ written notice, unless otherwise provided for, in advance of intended discontinuance of service and/or removal from the premises, and in the event of failure to do so will be liable for payment of all service rendered up to the time the company receives notice of the customer’s discontinuance of service.
(9) It is expressly understood and agreed that the electric service to be delivered by the City to the customer is not to be resold for any purpose.
(h) Billing and Payments.
(1) Bills for service will be rendered by the City to the customer in accordance with the rate applicable to the service of the customer. All bills for lighting and power will be considered in arrears and overdue twenty days after their due date. Customers not receiving their monthly bill at the usual time should make inquiries of the City in order to preserve their rights tot he amount of the bill. Failure to receive the bill will not entitle the customer to an extension of the twenty days allowed by the City for the payment of the net amount of the bill from the date on which it is due. All bills are payable at the City’s office.
(2) When payment of a bill is sent by United States mail, the date of payment will be established from the postmark if such a postmark is legible. In the absence of such a postmark, a bill will be considered paid on the date a bill is received by the City.
(3) In the event of the stoppage of or failure by any meter to register the full amount of current consumed, the customer will be billed for such period on an estimated consumption based on the customer’s use of current in a similar period of like use.
(4) If inclement weather or any other cause prevents the reading of a customer’s meter by the City, the City shall have the right to estimate a customer’s bill and to make any necessary billing adjustments, without interest, on a subsequent bill based on a reading of such meter.
(i) Failure to Pay. If a customer shall fail to make payment for any service rendered by the City after payment is due, the City shall have the right to either cancel the service contract, in which event the minimum payments as provided in the schedule for the unexpired term of the contract shall thereupon become payable to the City as liquidated damages, or, at the City’s option, to discontinue service until all payment due to the City form the customer have been made.
(j) Emergencies. The City will endeavor to furnish a regular and continuous electric service, but makes no guarantees to the effect. The City shall not be liable for damages in the event the supply of electricity is interrupted or should failure of electric services occur due to any acts of God, public enemies, accident, shortages of energy supply, labor disputes, riots, wars, orders or acts of civil or military authority, breakdowns or injury to equipment, transmission distribution or other facilities of the City, extraordinary repairs or any decision of the City to interrupt service so as to prevent or limit any instability or disturbance on the electric system of the City or any electric system interconnected with it.
(k) Interruption and Discontinuance of Service. The City reserves the right to discontinue the supply of electrical energy and/or disconnect its lines and remove its property from the customer’s premises for any of the following reasons: The purpose of making repairs; nonpayment of bills when due; the customer’s use of electrical energy supplied to him by the City is detrimental to the City’s supply of energy in general or in the customer’s locality; for fraudulent use of electricity; and whenever such action is necessary to protect the City from fraud, theft or abuse.
(l) Utility Discontinuance of Service. The City may, after giving written notice and attempting personal contact as provided below, discontinue service to any customer for non-payment of bills where any bill is ten (10) or more days delinquent, or for fraud, or violation of rules on file with the Public Service Commission or for failure to provide the City necessary access to the customer’s premises, subject to the following conditions:
(1) A written notice to the customer in accordance with PSC WV Form No. 14- E shall be sent first class mail, address correction requested, at least ten (10) days prior to the scheduled termination. Personal contact with the customer shall be at least twenty-four (24) hours prior to the scheduled service termination unless it is reasonably established that the premises are not permanently inhabited. The written notice shall become void if the City has not discontinued service within thirty (30) days of the date indicated on the notice for termination. The personal notice shall become void if the City has not discontinued service within thirty (30) days of the personal notice. The individual giving notice in person shall present a copy of the original written notice or a document which contains the same information as presented on the original notice. If the personal notice is by telephone, the person shall inform the customer how to obtain a copy of the original written notice.
(2) If, prior to termination of service, the City receives notice from the customer (1) that any portion of the bill is in dispute, (2) that he or she is being charged for service not rendered, (3) that any information resulting in the City’s decision to terminate in erroneous, (4) that he or she is unable to pay for such service in accordance with the requirements of the City’s billing practices, and that termination of service would be especially dangerous to the health or safety of a member of the customer’s household, or (5) that he or she is able to pay for the service but only in installments, the City shall provide an opportunity to the customer for presentation of his or her complaint to a designated managerial employee, who is empowered to resolve the dispute. The hearing shall take place at the business office nearest to the customer’s residence: Provided, however, that at the option of the customer, the hearing may take place by telephone conference. The customer shall have seven (7) days from the date of the City’s decision to file an appeal with the Public Service Commission. Service may not be terminated from the date the City receives notice of the customer complaint until the expiration of the seven (7) day appeal period, or during the pendency of an appeal to the Public Service Commission. Any amount not in dispute must be paid by the customer in order to protect his or her rights under this rule as provided in subsection (l)(3) hereof.
(3) A residential customer who has been notified that electric service is to be terminated for non-payment of bills shall be given the opportunity to enter into a deferred payment agreement, provided that the customer has demonstrated an ability to pay but only in installments. The disconnect notice shall inform the customer shall be informed at the time a disconnect notice is issued of the option for a reasonable payment plan. Any deferred payment agreement shall be subject to the following:
A. The details of the deferred payment agreement are to be negotiated between the City and the customer and may consider several factors, including, but not limited to the following: amount of the bill; ability of the customer to pay; payment history; time the debt has been outstanding; reasons why the debt has been outstanding; and any other relevant factors.
B. The City may collect a carrying charge of 6% on any outstanding balance subject to a deferred payment agreement;
C. The deferred payment agreement shall include language informing the customer of the right to appeal the reasonableness of the proposed payments to the Public Service Commission.
D. During the appeal, service may not be terminated, provided, however, that the current bill must be paid by the customer in order to protect his rights under this rule.
E. If the deferred payments are not received by the City in accordance with the terms of the agreement, the City may terminate service after it has mailed written notice, by first class mail to the customer at least five (5) calendar days, excluding postal holidays, prior to termination, provided, that at the option of the City, either personal contact or telephone contact may be substituted for contact by first class mail. If the customer makes the delinquent payment within that notice period, service shall not be terminated.
F. Once a deferred payment agreement has been established, if the customer’s financial conditions significantly change and the existing payment works a hardship, the City shall renegotiate the payment agreement, consisting with the provisions of subsection (l)(3)A. hereof. However during the renegotiation period the customer must timely pay the current bill and make some payment on the arrearage.
(4) For the purposes of this rule, the following circumstances shall be deemed to constitute a period when termination of service would be especially dangerous to the health or safety of a member of the customer’s household (by way of explanation and not limitation):
A. Written certification from a licensed physician that termination of service would be especially dangerous. Such certification must be received by the City within ten (10) days after the City informs the customer of the circumstances set forth in subsection (l)(4) hereof and must be renewed every thirty (30) days, starting from the date the certification is sent to the City; however, the certification need not be renewed if a licensed physician can state to a reasonable degree of medical certainty that the condition is permanent.
B. The time period running from the first day of December through the last day of February.
C. The presence of electric or gas energy using life-supporting equipment such as kidney dialysis machines, iron lungs, etc.
THE CITY WILL INFORM THE CUSTOMER OF THESE CIRCUMSTANCES AT THE MEETING BETWEEN THE CUSTOMER AND THE DESIGNATED MANAGERIAL EMPLOYEE, AUTHORIZED IN SUBSECTION (l)(2).
(5) Service shall not be discontinued at any time to a residential customer who is sixty-five (65) years old or older, without first making contact with a near relative or responsible third party and unless the customer refused to agree to a reasonable deferred payment schedule. This rule shall also apply to any customer regardless of age who is physically, mentally or emotionally incapacitated.
(6) Service shall not be discontinued on a day on which the City’s business office is not open to accept payment or on a day preceding a day on which the City’s business office is not open to accept payment; of on a Friday, Saturday or Sunday. Service shall be reinstated within eight (8) hours or less after receipt of payment.
(7) Service shall not be discontinued earlier than 8:00 o’clock a.m., nor later than 4:00 o’clock p.m.
(8) The City shall accept payment at the customer’s premises in lieu of discontinuing service.
(9) The City may terminate service without notice when, absent such termination, a condition hazardous to life or property would exist. If City terminates service without notice: (1) it must keep a record of the conditions causing the termination and (2) it should make a reasonable effort to notify the customer prior to termination and shall inform the customer of the steps which must be taken to have service restored.
(10) If the customer of record responsible for payment of a City bill is: (1) a landlord of a master metered apartment building, motel, hotel or other multiple unit dwelling, or (2) a third party who is a non-resident of the single service location, then written notice of termination, using Form 14- ME of the PSC rules and regulations governing an electric City, shall be posted at least five (5) days prior to the scheduled termination. The notice for a master metered multiple units dwelling shall be placed in a conspicuous common area at a location readily available for public inspection. Whenever possible, copies shall also be posted on the main doors of each dwelling in the facility. The notice for single unit dwellings occupied by third parties shall be placed on the main door of the dwelling.
(11) The Commission may waive the application of any provision of this rule if it is demonstrated that the operation of any such provision will result in an undue hardship to the City or the customer. This provision is to be invoked only in exceptional cases and shall not be used to attempt to gain a general waiver of the application of the entire rule by either the City or the customer.
(12) Only subsections (l)(1), (2), (6), (7), (8), (9), (10) and (11) shall apply to commercial and industrial customers of any of the utilities covered by this rule, except that conditions (4) and (5) of subsection (l)(2) hereof shall not apply to commercial or industrial customers.
(13) The City may petition the Commission to waive the personal contact requirements of this rule only after it has made at least three (3) attempts at personal contact. At least one of the attempts at personal contact must be an on-site visit at the service location. The City shall leave an appropriate door hanger with relevant information in the event the on-site visit fails to accomplish the personal contact. At least one attempt must be after normal working hours of 8 a.m. to 6 p.m. A telephone call may be used as an afterhours personal contact attempt.
(14) A bill which has been found to be contractually uncollectible by a court or could reasonably be found to be uncollectible by reason of the statute of limitations shall not be used by the City to deny or discontinue service.
(3-2-09.)
(m) Reconnection Charge. Whenever the supply of electricity is turned off for violation of rules and regulations, nonpayment of bills or fraudulent use of electricity, the customer shall be required to pay a reconnection charge of fifteen dollars for restoring the service. The reconnection charge shall be payable in advance and in addition to payment of all delinquent bills and charges for service.
(n) Reconnection within Twelve Months after Disconnect. When a reconnection of service is made for a customer at the same location, within a period of twelve months after service was disconnected at that customer’s request, then a charge equal to the sum of the minimum monthly bills determined for the months or parts thereof that service was disconnected, will be charged to the customer and must be paid, in addition to the charges stated in foregoing subsection (m) hereof before reconnection is made. The provisions hereof shall not apply in any instance where the service location is classified as residential rental property, or is owned by the City or any of its divisions, boards or commissions, and is operated in furtherance of governmental services.
(o) Cancellation of Contract. The contract shall, at the option of the City, cease and terminate, and all claims for service previously delivered shall become forthwith due and payable in case of any act of receivership or bankruptcy by or against the customer.
(p) Minimum Charges. Minimum charges, unless it is otherwise specified in the schedule, are subject to delayed payment penalties.
(q) Primary Service. Customers receiving service at primary voltage of six thousand six hundred volts or higher shall install a step-down transformer substation, of a design approved and acceptable to the City, to transfer the energy received to the voltage suitable for their use. The design and construction of the substation shall include such protective and switching equipment as may, in the opinion of the City, be necessary to avoid interference with the service supplied from its distribution lines.
(r) Promises. No statement or representation of any employee or officer of the City shall bind the City, unless the same is in writing and approved by the signature of the superintendent of the utility department or a duly authorized officer of the department. No employee or officer of the City or its utility department is authorized to waive this condition. (9-7-04)