§ 50.077 APPLICABLE RATES AND SELECTION.
   (A)   Complete schedules of all rates in effect, including these rules and regulations, shall be available to any consumer at all times at the utility's office during regular office hours.
   (B)   The rates to be charged the consumer and to be paid by the consumer to the utility for electric service shall be the applicable rates in effect by the utility for the class of service involved.
   (C)   All changes in rates made by the utility shall be applicable with the first regular billing period following the date that such rate changes are to become effective, or as may be specified on the rate schedule itself.
   (D)   The utility assumes no responsibility for selection of most advantageous rate schedule for a new consumer. However, the utility will, at the consumer's request, assist in determining which of the utility's rates (for which the consumer qualifies) would be most advantageous to the consumer when computed on a 12-month basis, based on the following:
      (1)   Where a new consumer is involved, the most advantageous rate determination shall be based on the 12-month load conditions as furnished by the consumer to the utility.
      (2)   Where an existing consumer is involved, the most advantageous rate determination shall be based on actual load conditions of the consumer as recorded by the utility during a recent 12-month period elected by the consumer as being normal.
      (3)   If additional load is to be added to the consumer's existing load requirements, in the determination of the most advantageous rate, the additional load requirements to be used to determine electric power cost shall be those furnished by the consumer to the utility.
      (4)   The final rate selection shall be requested in writing by the consumer.
      (5)   The rate selected by the consumer shall remain in effect for 12 consecutive months. After 12 months, the consumer shall be eligible to apply for another rate.
      (6)   Any rate selection shall not apply retroactively to previous bills of the consumer.
   (E)   The utility shall not be responsible to notify the consumer as to availability of a more advantageous rate. Due to the impracticability of the utility monitoring the variations in the load requirements of each and every one of its consumers, the utility shall not be held responsible to notify the consumer that, due to his or her changed load conditions, a more favorable rate schedule is available. Therefore, the utility cannot guarantee that the consumer will, at all times, be served under the most advantageous rate schedule.
   (F)   The applicable rate schedule shall be specified in contract. Where a written contract is involved, the rate specified in the contract, including the service and minimum charge and related matters, shall apply, including any revisions thereof. The rate is not subject to change except at the option of the utility.
   (G)   To be eligible for a given rate schedule, the consumer's requirements as to capacity requirements and utilization of electric service, including control, wiring and equipment, shall conform to the rate schedule under consideration.
   (H)   Any wiring or equipment changes required in order for the consumer to qualify for a given rate schedule shall be made at the expense of the consumer.
   (I)   Conflict between rules and rate schedules: if a conflict occurs between any provision set forth in these rules and regulations and the service agreement or contract with the consumer or the applicable rate schedule, the provisions set forth in the service agreement or contract shall take precedence and govern, followed by provisions of the rate schedule and these general rules and regulations.
(Ord. 10-85, passed 10-7-85)