(a) Quantity of service delivered by meter. A meter installed by the utility, which shall be and remain the property of the utility, will measure electricity. Subject to certain exceptions enumerated below, consumption shall be determined on the basis of the meter registration and bills shall reflect the consumption so registered.
(b) Billing periods. Bills will be rendered by the utility to the customer on a monthly basis. Non-receipt of bills by customer does not release or diminish the obligation of customer with respect to payment thereof. Meters are ordinarily read at monthly intervals, but may be read more or less frequently at the utility's option.
(c) Estimated bill. When the meter is not read, the utility may estimate the quantity of electricity consumed and render a bill for that quantity.
(d) Incorrect meter readings; billings.
(1) During any period that an incorrect meter reading is established, the meter reading and bills based thereon shall be adjusted by the utility on the basis of all available information concerning the use of service by the customer.
(2) Whenever the utility has overcharged any customer as the result of a meter or metering inaccuracy or other continuing problem under its control, the utility will, for the period of time that incorrect billings can be established, adjust the meter readings and billings to reflect available information concerning the actual use by the customer. The reimbursement of overcharges shall take the form of a credit to the customer's account.
(3) Except as provided below, any underpayment as a result of a meter or metering inaccuracy, or other continuing problem, will be billed to the customer. The utility will, at the customer's request, attempt to arrange a reasonable payment schedule in the event of underpayment. Should the amount of the adjustment be under bona fide dispute, the utility shall continue to supply service and the customer shall continue to pay all amounts billed until a final determination is made.
(4) Whenever the utility has undercharged any customer as the result of a meter or metering inaccuracy or other continuing problem under its control, the utility may only bill the customer for the amount of the unmetered electricity rendered in the 365 days immediately prior to the date the utility remedies the meter inaccuracy. The utility, in the first bill to collect the amount for unmetered electric service, shall state the entire amount that it seeks to collect. The maximum portion of the undercharge for unmetered electricity rendered that may be recovered from the customer in any billing month shall be determined by dividing the amount of the undercharge by 12 (or the corresponding number of adjustable months) and the quotient is the maximum portion of the undercharge that the company may recover from the customer in any billing month, in addition to either regular monthly charges of any type or regular level payment amounts billed in accordance with an agreement between the customer and the company. The time period over which the undercharge may be billed shall be 12 months (or the corresponding number of adjustable months).
(5) The utility shall not recover any interest charge, service charge or fee, whether or not a percentage is utilized for its computation, for the portion of billings due to incorrect meter readings as provided for under this section.
(6) Nothing in this section shall be construed to prevent the customer from paying an undercharge or any portion thereof in a time shorter than that stated in this section. Nothing in this section shall be construed to prevent the utility from collecting an undercharge or any portion thereof in a time longer than that stated in this section.
(7) This section does not apply to any act that is a theft offense as defined in § 1050.03 of these rules and regulations that involves tampering with utility equipment or theft of utility service, or where a physical act of a customer or its agent causes inaccurate or non-recording of the meter reading, or inaccurate or no measurement of the gas or electricity rendered.
(e) Payment of bills. The customer shall pay bills at the utility office during the regular office hours or to any of the utility's authorized collecting agent during the regular office hours of the agent. Any remittance received by mail at any office of the utility bearing U.S. Postal Office cancellation date corresponding with or previous to the last date on which the bill is payable "net" will be accepted as within the net payment period.
(f) Initial and final meter readings.
(1) When service is terminated for any reason, the utility will render a final bill addressed to the customer's forwarding address, if known, or to the last known address, for the entire balance of the account, including a calculation from the last reading date to the requested final bill date. The customer may request that the utility attempt to obtain an actual final meter reading. However, the utility may estimate the reading for the final bill date.
(2) When the customer begins use of service, an initial bill is normally rendered for the period from the initial date of service to the first regular meter reading date, this period normally being less than 30 days, except no bill will be rendered if the period is less than three days. However, the bill for customer's usage for that unbilled period will be included and billed in the next month's bill.
(3) The utility may estimate the reading for the initial date of service. However, upon customer's request, the utility will attempt to obtain an actual reading at the initial date of service.
(g) Deposits.
(1) A deposit of $100.00 shall be for the following utility service when combined with water and/or sewer:
A. Electric.
(2) A deposit of $200.00 shall be for the following utility service:
A. Electric only.
(3) A deposit not exceeding $300.00 for a combined utility service of electric, water, and sewer for residential customers or 150% of an estimated average bill for commercial and industrial customers (unless the service is temporary), may be required of the customer at any time, or from time to time before or after service is commenced. Deposit criteria will be affected by but not limited to:
A. Past general credit history;
B. Past payment history (with the utility);
C. End use of service; and
D. Duration of service.
(4) The utility office shall have a reasonable time in which to ascertain that the obligations of the customer have been fully performed before being required to return any deposit. The deposit shall be credited to the customer’s account when payments have been made by the due date on 12 consecutive months, unless the customer’s account has been terminated. Where the account has been terminated, any remaining deposit not used to credit the account shall be directly reimbursed to the customer within 30 calendar days.
(5) There shall be no interest paid or accrued on deposits.
(6) Losses incurred by the utilities because of the insufficiency of the utilities deposit to cover unpaid charges shall be distributed proportionately among the three utilities.
(h) Charges and payment for temporary service.
(1) In addition to regular payments for electricity used, the customer may pay the cost for all material, labor and other necessary expenses incurred by the utility in supplying service to the customer at his or her request for any temporary purpose to use (one year or less). The utility may, at its option, require that any customer for temporary service deposit with the utility a sum equal to the utility's estimate of the cost to be incurred by it for temporary service.
(2) After the service has been discontinued and all actual costs determined, any sum deposited by the customer in excess of the actual cost shall be refunded to him. If the utility elects to leave in place any or all of the facilities provided, constructed or installed to render such temporary service, an amount of the customer's deposit shall be returned to the customer such that the customer shall only be charged for the facilities not retained.
(i) Right to discontinue service.
(1) After giving notice as specified below, the utility shall have the right to discontinue service for any of the following reasons or purposes:
A. Refusing reasonable access to the utility's facilities;
B. Non-payment of bills for service when bills are due;
C. Failure to furnish or maintain a required security deposit; and
D. Material violation of any of these rules and regulations not otherwise covered in this provision.
(2) The utility shall have the right, without notice, to discontinue service and disconnect and remove from the premises of a customer, the meter and any other property belonging to the utility for any of the following reasons or purposes:
A. Non-use of service;
B. Fraudulent representation or practice and theft of service; and
C. Whenever deemed necessary by the utility for safety reasons.
(j) Termination procedures.
(1) It is determined that a customer is delinquent in rendering payment for service when the billing for service remains unpaid after five business days from the due date. Whenever a customer is delinquent in providing payment for service from the due date of the bill, the utility shall mail a delinquency notice to the customer (and landlord/customer if applicable).
(2) The utility may, after proper and reasonable notice of pending termination of service (not less than ten days), terminate the customer's service during normal utility business hours in compliance with the following conditions:
A. No delinquent bill disconnection may be made after 12:30 p.m. on the day preceding a day that all services necessary for the customer to arrange and the utility to perform a reconnection are not regularly performed.
B. Those utility employees who normally perform the termination of service will be authorized to make available to the customer, means to avoid disconnection. Such employees at the premises shall not be authorized to make extended payment arrangements.
C. In conjunction with service to the customer of the termination notice provided for herein, the utility shall advise the customer of the business address, telephone number, business hours and a utility representative to be contacted in the event the customer desires to dispute the reasons for the termination and of the customer's right to complain or appeal to Council should he or she be dissatisfied with the utility's reasons for terminating service. Upon request of the customer, the utility shall provide an opportunity for review of the initial decision concerning the dispute.
D. The notice of termination sent to the service address (and billing address, if different) shall be in writing, and shall identify the amount owed, the date which service may be terminated, and the reason for termination.
(3) Termination of service for nonpayment is prohibited without the approval of Council when the termination of service would make operation of necessary medical or life-supporting equipment, known by the utility to be in service, impossible or impractical. Service shall not be terminated if the customer enters into and makes payments in accordance with an extended payment plan.
(4) If a guarantor is required in order to reestablish service, the guarantor must sign an acknowledgment or willingness to accept the responsibility for payment of the customer's bill in case of the customer's default.
(k) Landlord-tenant provision. The utility may terminate utility service to individuals whose utility services are included in rental payments and of customers residing in master-metered premises owned by landlord/customers, in accordance with the following:
(1) The utility has provided the notice(s) to the landlord/customer. The utility, in its delinquency notice must also:
A. Summarize the remedies tenants may choose to prevent disconnection or to have service reconnected; and
B. Inform tenants that a list of procedures and forms to prevent disconnection or to have service reconnected are available from the utility upon request.
(2) Customers inquiring in response to the posted notice required in division (k)(1)A. of this section shall be informed of the amount due for the current month's service and that by submitting a single payment to the utility in that amount, tenants may prevent disconnection of service.
(3) Payment by tenants equal to or exceeding the landlord/customers' current electric service bill for those premises shall be credited to the appropriate account, provided that the utility is under no obligation to accept partial payment from individual tenants and may choose to accept only a single payment from the representative acting on behalf of all the tenants.
(4) The utility shall not disconnect service to master-metered premises when:
A. A tenant delivers to the utility a copy of the written notice signed by 50% or more of the tenants of the occupied dwelling units, which notice shall designate the imminent disconnection of utility service (as shown by the disconnection notices received) as a reason for the notice;
B. A tenant informs the utility, in writing, of the date of the last day on which rent may be paid before a penalty is assessed or the date on which default on the lease or rental agreement can be claimed; and
C. The tenants who sign the disconnection notice timely invoke the remedies provided below:
1. Deposit all rent that is due and thereafter becomes due to the landlord, with the Clerk of the municipal or county court having jurisdiction; and
2. Apply to the court for an order to use the rent deposited to remedy the condition or conditions specified in the tenant's notice to the landlord (including but not necessarily limited to payment to the utility rendering the disconnection notice).
(5) If service has been terminated to customers whose utility services are included in rental payments or who are residing in master-metered premises, the utility shall inform the customers upon their inquiry that service will be reconnected upon payment of the amount due for the current month's service plus any reconnection charge if the payment is made within 14 days of termination, and that service will continue so long as payment for each month's service (based upon actual or estimated consumption) is made by the tenant's representative by the due date of the bill thereof. If the customers choose to have their service reconnected by paying the current month's bill and payment is not made by the due date of each month, the utility shall post the notice in a conspicuous location on the premises and make a good faith effort by mail or otherwise, to notify each household unit of a multi-unit dwelling or tenant receiving service in the master-metered premises of the impending service termination. The utility shall not be required to reconnect service pursuant to this division where the landlord resides on the premises.
(6) Concurrent with the effective date of this rule, the landlord/customer must be the designated customer on all new applications accepted by the utility for service to residential master-metered premises. Utility acceptance of new applications for service to master-metered premises requires the designated landlord/customer to provide to the utility an accurate list specifying the individual mailing addresses of each unit served at the master-metered premises. The list must be updated by the landlord/customer in a timely fashion.
(l) Change of address of customer. When a customer changes his or her address, he or she shall give notice of his or her intent to do so to the utility prior to the date of change. The customer shall be responsible for all service supplied to the former premises until the notice has been received and the utility has had a reasonable time, but not less than three regular business days, to discontinue service.
(m) Change in tenancy or ownership. At such time as the utility is notified of a change of tenancy or ownership, the utility shall make a final meter reading and prepare and mail a final bill. The former customer is responsible for all service supplied to the premises until the notice has been received and the utility has had a reasonable time to make a final meter reading. "Reasonable time" is defined as being three regular business days.
(Ord. 33-2001, passed 8-20-2001; Ord. 54-2002, passed 12-2-2002; Ord. 30-2016, passed 12-5-2016)