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RES-2014-001RESOLUTION NO. 2014- 001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE ELECTRIC RATES, RULES AND REGULATIONS BY MODIFYING RULE NOS. 1, 9, 11, 17 AND 19 FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2013 -148. WHEREAS, the City of Anaheim ( "Anaheim ") maintains an electric generation and distribution system for the furnishing of electricity to residents and businesses of Anaheim and has adopted El. .-ctric Rates, Rules and Regulations for the sale and distribution of electricity; and WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable Rates, Rules and Regulations governing electric services and fees for providing electric services; and WHEREAS, Anaheim established various rules of the Electric Rates, Rules and Regulations for these purposes; and WHEREAS, the Anaheim Public Utilities Department ( "Department ") is a publicly owned utility, but nonetheless strives to operate like a business and continuously seeks opportunities to minimize administrative and fiscal burdens while remaining in a position to maintain service reliability and high industry standards; and WHEREAS, the Anaheim Regulatory Relief Task Force was charged with reviewing the regulatory burden on existing and prospective business in Anaheim and making recommendations that help foster more freedom for Anaheim's businesses community ( "Anaheim's Regulatory Relief Initiative "); and WHEREAS, in support of the Anaheim Regulatory Relief Initiative, to provide regulatory relief to utility customers under certain specific circumstances, and to clarify and update language, Department staff reviewed and recommends modifications to Rule Nos. 1, 9, 11, 17, and 19 of the Electric Rates, Rules and Regulations to, among other things, (i) allow fiscal relief; and (ii) add clarifying language and delete obsolete language; and WHEREAS, the Public Utilities Board of the City of Anaheim ( "Public Utilities Board ") considered the proposal of Anaheim's Public Utilities Department and made the following findings with respect to the need for the proposed modification to the Electric Rates, Rules and Regulati -ns: it is reasonable and appropriate to modify Rule Nos. 1, 9, 11, 17, and 19 as set forth in Attachment A in order to further Anaheim's Regulatory Relief Initiative and clarify and update Rule Nos. 1, 9, 11, 17, and 19; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act (CEQA) and found that matters covered above come within Section 15061(b)(3) of Title 14 of the California Administrative Code. Thus, the proposed modification of the Electric Rates, Rules and Regulations Rule Nos. 1, 9, 11, 17, and 19 are exempt from CEQA; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended to the City Council that the City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and modify Rule Nos. 1, 9, 11, 17, and 19 as shown in Attachment A; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended to the City Council that the City Council certify that the modification of Rule Nos. 1, 9, 11, 17, and 19 of the Electric Rates, Rules and Regulations is exempt under CEQA, in accordance with Title 14 of the California Administrative Code, Section 15061(b)(3), because it can be seen with certainty that there is no possibility that Rule Nos. 1, 9, 11, 17, and 19 will have a significant effect on the environment; and WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth herein above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: The findings set forth herein are hereby adopted by the City Council of the City of Anaheim. 2. The City Council of the City of Anaheim hereby determines, finds, and certifies that, in accordance with CEQA and the State CEQA Guidelines, the modification of Rule Nos. 1, 9, 11, 17, and 19 of the Electric Rates, Rules and Regulations by the City Council is exempt from CEQA pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3), because it can be seen with certainty that there is no possibility that Rule Nos. 1, 9, 11, 17, and 19 will have a significant effect on the environment as the changes are exclusively being made to clarify language and to provide fiscal relief to the Department's customers. 3. The modifications to Rule Nos. 1, 9, 11, 17, and 19 of the Electric Rates, Rules and Regulations as set forth in Attachment A shall be, and are hereby adopted by the City Council of the City .of Anaheim effective February 1, 2014. 4. The Anaheim Public Utilities General Manager is authorized and directed to prepare, promulgate, publish, and take any and all actions necessary to implement the changes to the Electric Rates, Rules and Regulations as set forth herein. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of January , 2014, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN CITY OF ANAHEIM r ( MAYOR OF THE CITY OF ANAHEIM ATTE CI Y CLERK OF THE CITY OF ANAHEIM 99232 3 Attachment A Rule Nos. 1, 9, 11, 17, and 19 of the E'lectr'ic Rates, Rules and Regulations 2 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO.1 Page No. 3.1.1 Unless specifically defined below, words or phrases used in the Rates, Rules and Regulations shall be interpreted so as to give them the meaning they have in common usage and to give these Rates, Rules and Regulations their most reasonable applicati: +n. Added Facilities: The facilities provided by the Utility at the request of the customer which are over and above the Utility's standard fa- ilities, including but not limited to Preferred/Emergency Service. Agricultural Power Service: Agricultural power service is that portion of electric energy and service used by a person in connection with the production, harvesting, and preparation for market of agricultural and horticultural products, including poultry and livestock, on land owned and/or operated by such person for the production of agricultural products, but does not apply to processing of products raised by others. APU: Anaheim Public Utilities. Applicant: The Person, association, corporation or governmental agency applying for electric service. Application: A request to the Utility for service as distinguished from an inquiry as to the availability of or charges for such service. Billing Demand: The load or demand used for computing charges under rate schedules based on the size of the customer's load or demand. It may be the connected load, the measured maximum demand, or a modification of either as provided for by applicable rate schedules. Billing Period: The time interval between gathering the data used for billing purposes. City: The City of Anaheim, a municipal corporation. City Council: The City Council of the City of Anaheim, California. Class of Service: Dfferent classes of service are: General Lighting, Multiple -Phase Lighting, Combination Lighting and Power, Emergency Lighting, Single -Phase Power, Polyphase Power, Welding, X -ray, Fire Pump, Fire Alarm, and Stand -by Powea (permitted only where stand -by and normal circuit conductors are in separate raceways and enclosures). Commercial Developments: Consist of two or more enterprises engaged in trade or the furnishing of services; e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes. Connected Load: The sum of the rated capacities of all of the customer's equipment that can be connected to the utility's lines at one time as more completely described in the rate schedules. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2010 -036 Dated: -13 -10 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 Page No. 3.1.2 Customer: The Person in whose name service is rendered as evidenced by the contract or agreement for that service, or, in the absence of a signed instrument, by the receipt of bills or Summary Bills regularly issued in his name regardless of the identity of the actual user of the service. A Customer may also be a party with whom the City of Anaheim is doing business, with or without a billing relationship, or who is receiving benefit of utility service under another party's name. Customer's Mailing Address: The address specified in a Customer's Application or contract, or any other address subsequently given to the Utility by the Customer, to which any notice or other communication is to be mailed. Data Acquisition Agent (DAA): The entity that collects meter data associated with Customer Choice customer usage on the Utility's behalf and provides such data to the Utility and each ESP after being validated in accordance with the requirements of the Utility's Electric Rates, Rules and Regulations and in compliance with Independent System Operator requirements. Date of Presentation: The date upon which a bill or notice is mailed or delivered by the Utility to the Customer. Debt Service: Cash required over a given period of time for the repayment of interest and principal on borrowed funds. Distributed Generation Resource: A source of electricity utilizing small -scale renewable power generation technologies including, but not limited to, solar panels on the roofs of buildings and small wind turbines, which provide an alternative to or an enhancement of a traditional electric power system and reduce the amount of energy lost in transmitting electricity since power is generated near where it is used. Distribution Lines: Overhead pole lines and/or underground facilities consisting of conduit and cable which are operated at nominal distribution voltages. Domestic Service: Service for residential use at a dwelling Premises. Any service for other than residential use at a dwelling Premises may be served through the domestic service meter only where such nondomestic connected load does not exceed 300 watts for lighting or 2 hp for power. Electric Utility. The electric division of the Utility. Eligible Customer - Generator: Any Customer who uses a solar or wind turbine electrical generating facility or a hybrid system of both that is located on the Customer - generator's Premises, is interconnected and operates in parallel with the City's transmission and distribution facilities, and is intended primarily to offset part or all of the Customer - generator's own electrical requirements on the Premises. Energy Service Provider (ESP): The party that contracts with the end -use customer to provide commodity electric service. Environmental Mitigation: Measures taken to decrease the negative impacts on the natural environment resulting from activities associated with the provision of electric services, including procurement, generation, transmission, and distribution of power. General Manager: General Manager of the City of Anaheim, Public Utilities Department or a designee. General Service: Service to any lighting or power installation except those eligible for service on single - family or multi- family domestic, street lighting, outdoor area lighting, municipal, or standby schedules. Greenhouse Gas: Any gas that absorbs and/or emits infra -red radiation in the atmosphere, including carbon dioxide, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, and hydrofluorocarbons, or as may be defined in applicable state or federal law. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2010 -193 Dated: 11 -09 -10 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.3 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Housing Project: A building or group of buildings located on a single premises and containing residential dwelling units for which master metering of electric service at one location has been installed in accordance with tariffs in effect at the time of installation. Industrial Developments: Consist of two or more enterprises engaged in a process which creates a product or changes materials into another form or product. Intermittent Service: Service which, in the opinion of the Utility, is subject to discontinuance for a time or at intervals. independent System Operator (ISO): A California, State chartered, nonprofit public benefit corporation charged with operating the majority of California's high - voltage wholesale power grid and balancing the demand for electricity with an equal supply of megawatts. Lighting Service: Service to any apparatus transforming electric energy into light for all visual purposes except those specified under "Power Service ". Line Extension: All facilities required to extend electric service from the utility's existing permanent facilities to the Point of Delivery. Load Factor: The actual energy consumed divided by the peak electric demand multiplied by the total hours of consumption. Mailed: Any notice or other communication will be considered "mailed" when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office Box, postage prepaid. Maximum Demand: The average kilowatts during the specified time interval when the customer's use is greatest in the billing period as indicated or recorded by the utility's meter. Meter: The instrument used for measuring the electricity delivered to a Customer. Month: A thirty -day period. Multi - family Accommodation: An apartment building, duplex, mobilehome park, court group, or any other group of residential units located upon a single Premises, prodding the residential units therein meet the requirements for a Single- Family Accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts, and trailer courts, consisting primarily of guest rooms and/or transient accommodations, are not classed as multi-family accommodations. Municipal Service: Utility services supplied to City of Anaheim departments. Nominal Voltage: The nominal voltage of a circuit is the approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation. For any specific nominal voltage, the operating voltage actually existing at various points and at various times on the system is subject to normal distribution variation. Participating Apartment Owner: An apartment owner who has signed an agreement with the City of Anaheim to participate in a plan whereby utility service at his various units will automatically be established in his name as they become vacant. Permanent Service: Service which, in the opinion of the Utility, is of a permanent and established character. This service may be continuous, intermittent, or seasonal in nature. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2013-116 Dated: 07 -23 -13 General Manager . CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.4 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Person: Any individual, partnership, corporation, public agency, or other organization operating as a single entity. Point of Delivery: The point as determined by the Utility where conductors of the Utility are connected to the conductors of the customer, regardless of the location of the Utility's meters or transformers. Utility conductors may be owned, leased, or under license by the Utility, and the conductors of the customer may be owned, leased, or under license by the customer. Power Exchange (PX): A California, State chartered, nonprofit corporation or its successor charged with providing an efficient, competitive auction to meet electric loads of exchange customers. Power Factor. The ratio of the revenue producing current in a circuit to the total current in that circuit. In terms of power quantities, power factor is the ratio of kw (real power) to the total kva (total power). Power Service: Service to apparatus or equipment used for purposes other than lighting shall be considered as power service. Lamps or lights used for purposes which, in the opinion of the Utility, are not general illumination purposes are classed as power service. Preferred'Emergency Service: Added Facilities required to provide redundant service from an alternate utility source, and the equipment to transfer load from a preferred or normal source to an emergency or backup source. Premises: All of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi- public institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served. Public Utilities Board: The Public Utilities Board as appointed by the City of Anaheim City Council. Pull Box: An enclosure for joining conductors which also provides by its size, arrangement, and location the necessary facilities for pulling the conductors into place. (Continued) ISSUED BY: Effective: 08 -01 -13 by Resolution No.: 2013 -116 Dated: 07 -23 -13 Marcie L. Edwards Superseding Resolution No.: 2010 -036 Dated: 04 -13 -10 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 DEFINITIONS Page No. 3.1.5 Quasi- public Institutions: Public utilities, educational institutions, and hospitals, whether publicly or privately owned, where the property, campus or hospital grounds extend over relatively large areas through. which public streets may run. Rate Charges: Charges in the Rate Schedules may include the following: Added Facilities Charge: The fee collected by the Utility for the installation and use of Added Facilities equipment. Customer Charge: That portion of the charge for service which is a fixed amount without regard to connected load, demand, or energy consumption in accordance with the Rate Schedule. Demand Charge: That portion of the charge for service which varies with the billing demand in accordance with the Rate Schedule. Energy Charge: That portion of the charge for service which varies with the quantity of energy consumed in accordance with the Rate Schedule. Minimum Charge: The least amount for which service will be rendered in accordance with the Rate Schedule. Service Charge: That portion of the charge for service which is a fixed amount based on connected load in accordance with the Rate Schedule. Standby Charge: That portion of the charge for standby service which is a fixed amount based on the maximum load the Utility stands ready to supply in accordance with the Rate Schedule. Rates, Rules and Regulations: The rate structure, the Rules, and any regulations as approved by the City Council, governing the use and delivery of electricity. Rate Schedule: May be one or more Tariff Pages setting forth the charges and conditions for a particular class or type of service at a given location. A Rate Schedule, as referred to herein, shall include all the wording on the applicable Tariff Page or pages, including but not limited to, the following: Schedule Number, Class of Service, Character or Applicability, Territory, Rates, Conditions, and reference to a Rule or Rules. Required Net Energy Meter: A single meter capable of registering the flow of electricity in two directions. Residential Unit: A residential dwelling unit consisting of a room or group of rooms which do not qualify as Single - Family Dwellings, Residential Units may be used as permanent primary dwellings, as transient tenant accommodations, and by organizations or groups of persons. When a Residential Unit is used as a permanent primary residence, use shall be domestic service. When such units are used by a transient tenant, an organization, or a group of Persons, use shall be nondomestic or general service. Revenue: Amount realized from the selling of goods or services before customer discounts or uncollectible write - offs are applied. This does not include amounts collected from sources that are to be deferred in accordance with Governmental Accounting Standards Board (GASB) Statement No. 62. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2010 -193 Dated: 11 -09 -10 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd, Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 1 Page No. 3.1.6 Rule(s): Tariff Pages which set forth the application of all rates, charges and services when such applicability is not set forth in and as a part of the Rate Schedules. Service Wires or Connection: The group of conductors, whether overhead or underground, necessary to connect the service entrance conductors of the Customer to the Utility's supply line, regardless of the location of the Utility's Meters or transformers. An overhead service connection, sometimes referred to as a "service drop ", is the group of conductors between the Customer's building or other permanent support and the Utility's adjacent pole. Service Extension: Consists of the service wires or connections from the Point of Delivery to the Customer's equipment. Single Enterprise: A separate business or other individual activity carried on by a Customer. The term does not apply to associations or combinations of Customers. Single - Family Dwelling or Accommodation: A house, apartment, or other dwelling unit which is used as a residence by a single family. Standby Service: Service supplied to customers who normally obtain their power requirements from sources other than the Utility. Under this service, the Utility provides a permanent Service Connection to supply the Customer's contracted load in accordance with the provisions of the standby schedule. Street Lighting Service: Service to any lighting apparatus used primarily for the illumination of streets, alleys, highways, or other public ways. Summary Bill: A customer account billing statement that includes charges for multiple Service locations. Any customer with a minimum of two Service locations with single or multiple utility Services can choose to receive a summary bill. Swimming Pool: A permanently installed swimming pool, above or below ground, with permanently installed pump, motor, filtering equipment and automatic timer to control the operation of the pumping equipment. The pump motor must be rated at a minimum of 3/4 horsepower. Tariff Page: An individual page of the Tariff Schedules. Tariff Schedules: The entire body of effective rates, rentals, charges, and Rules collectively of the Utility, as set forth herein, and including title page, preliminary statement, Rate Schedules, and Rules. Temporary Service: Service for enterprises or activities which are temporary in character or when it is known in advance that service will be of limited duration. Service, which in the opinion of the Utility, is for operations of a speculative character or the permanency of which has not been established, also is considered Temporary Service. Tract or Subdivision: An area which may be identified by filed subdivision plans or as an area in which a group of dwellings may be constructed about the same time, either by a large scale builder or by several builders working on a coordinated basis. Utility: The City of Anaheim - Public Utilities Department. Utility's Operating Convenience: The term refers to the utilization, under certain circumstances, of facilities or practices not ordinarily employed which contribute to the overall efficiency of the Utility's operations; it does not refer to Customer convenience or to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules or regulations, or similar requirements of public authorities. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2013 -116 Dated: 07 -23 -13 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.9.1 Anaheim, CA 92805 RULE NO.9 RENDERING AND PAYMENT OF BILLS A. RENDERING OF BILLS OR SUMMARY BILLS 1. Billing Period. Bills or Summary Bills for electric service mill be rendered bimonthly, monthly, or as otherwise provided in the Tariff Schedules. 2. Metered Service. a. Bills or Summary Bills for metered service will be based on Meter registrations. Meters will be read as required for the preparation of regular bills, Summary Bills, opening bills and closing bills. b. If, because of unusual conditions or for reasons beyond its control, the Utility is unable to read the Customer's Meter on the scheduled reading date, the Utility may bill the Customer for estimated consumption during the Billing Period, and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the Customer's prior usage, the Utility's experience with other Customers of the same class in that area, and the general characteristics of the Customer's operations. Adjustments for any underestimation or overestimation of a Customer's consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation is required. When a service start date can be reliably estimated, the undercharge can be computed back to that date, exclusive of Rule No. 17. Physical access to the Meter, sufficient to permit its being read by the Utility, shall be provided by the Customer as a prerequisite to the Utility making any adjustment for consumption billed on an estimated basis. Unmetered Service. A flat rate may be applied upon request (in writing) where the Applicant for electric service has a fixed connected load to be operated over a fixed number of hours during a Billing Period. Applicant is required to notify the City in writing in advance of any equipment changes. Applicant shall not qualify for unmetered service unless a point of interconnection is pre- approved by the Utility. Unmetered service shall be supplied to the Customer in accordance with the applicable Rate Schedule at the Utility's Operating Convenience, and the Customer shall abide by any such Rate Schedule as a condition of service. 4. Pro rata Computation. All bills or Summary Bills for electric service rendered will be computed in accordance with the applicable thirty -day Rate Schedule, but the size of the energy blocks and the amount of the customer charge, electric service charge, demand charge, or minimum charge, specified therein, will be prorated on the basis of the ratio of the number of days service has been rendered to the number of days in an average month of thirty days. (Continued) ISSUED BY. Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2010 -012 Dated: 01 -12 -10 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.9.2 Anaheim, CA 92805 RULE NO.9 RENDERING AND PAYMENT OF BILLS B. READINGS OF SEPARATE METERS NOT COMBINED For the purpose of billing, each Meter upon the Customer's Premises will be considered separately, and the readings of two or more Meters will not be combined. C. PAYMENT OF BILLS 1. All bills or Summary Bills are due upon receipt. Customer shall make payment to the Utility at the City of Anaheim, Division of Collections, by mail to City of Anaheim, 201 South Anaheim Boulevard, P.O. Box 3069, Anaheim, CA 92803, by telephone at 714- 765 -3300, online at www.anaheim.net or as determined by the General Manager. 2. Customer shall pay to the Utility bills for connection or reconnection of service and deposit payments as required under the Rules before service will be connected or reconnected, or as determined by the General Manager. The Utility shall not provide a connection for service for a Premise where past due charges, fees and/or penalties exist and the connection requested is from an adult who lived at the Premises when those charges, fees, and/or penalties accrued. That adult person shall pay the Utility all past due charges before a service connection will be provided. 3. Customers applying to receive their electric service and ancillary services from an Energy Service Provider (ESP), will be required to pay the Utility past due charges prior to processing of their application. 4. Customers receiving their electric service and ancillary services from an ESP and wishing to reinstate the Utility as their service provider, will be required to pay all the Utility past due charges prior to processing of their application. D. RETURNFD CHECK CHARGE The Utiliq may require payment of a returned check charge equal to that permitted under the City of Anaheim Municipal Code for any check or other negotiable instrument returned from the bank unpaid. In the event that the Utility determines that the returned check or other negotiable returned instrument did not occur as a result of any actions or omissions by the Customer, the Utility may waive the returned check charge. E. FUND VERIFICATION FEE A Fund Verification Fee may be charged to Customers paying by personal check if the Utility deems it necessary to verify that the Customer has sufficient funds in their account if: (1) the Customer does not meet the creditworthiness requirements of Rule No. 6; or (2) the Customer has committed a Diversion as described in. Rule No. 6. This fee is contained in Rule No. 23. F. LATE PAYMENT CHARGE A late payment charge of 1.0% may be applied to the total unpaid balance of a domestic or nondomestic Customer account if the Customer's payment is not received by the date indicated on the Customer account bill or Summary Bill. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2010 -193 Dated: 11_09_10 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 921105 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE A. PAST DUE BILLS OR SUMMARY BILLS Page No. 3.11.1 Bills or Summary Bills rendered will be considered past due if not paid within fifteen (15) days after date of presentation. B. NONPAYMENT OF BILLS 1. When a bill or Summary Bill for electric service has become past due and an overdue notice and final notice have been issued, service may be discontinued if the bill or Summary Bill is not paid within the time required by such notice. Service shall not be disconnected for charges due to, and billed by, an Energy Service Provider (ESP). A charge will be assessed if personal notification is delivered. Any Customer who contests billed consumption, and has initiated a complaint or requested an investigation within 5 days of receiving said bill or Summary Bill, shall not have electric service discontinued for nonpayment during the pendency of an investigation by the City of the Customer's dispute or complaint provided the Customer also keeps current the account for electric services as charges accrue in each subsequent billing period. Services shall not be discontinued for nonpayment for any Customer complying with an amortization agreement entered into with the City, provided the Customer also keeps current the account for electric services as charges accrue in each subsequent billing period. If in a landlord/residential tenant relationship a landlord is responsible for payment of the electric utility bill and the electric service is through a master Meter, the Utility shall not terminate residential occupant (i.e., tenant) service during the pendency of an investigation by the Utility of a Customer dispute or complaint, even if the Customer does not keep current the account for electric services or if the Customer has been granted an extension of the period for payment of a bill. Electric services to a domestic Customer will not be discontinued for non - payment when the Customer has established to the satisfaction of the City that such termination would be especially dangerous to the health of the Customer or a full time resident of the Customer's household. Certification from a licensed physician, public health nurse, or a social worker may be required by the City. The City shall make available to Customers, upon request, information regarding agencies and/or organizations that may provide financial assistance. If in a landlord/residential tenant relationship a landlord is responsible for payment of the electric utility bill and the electric service is through a master Meter, the Utility shall not terminate residential occupant (i.e., tenant) electric service if a public health or building officer certifies that termination would result in a significant threat to the health or safety of the residential occupants or the public. A Customer's electric service may be discontinued for nonpayment of a bill or Summary Bill for service previously rendered him at any location served by the Utility prodded such bill is not paid within 15 days after presentation of a notice that present service will be discontinued for nonpayment of such bill or Summary Bill for prior service. However, residential electric service w J not be discontinued because of nonpayment of bills for other Classes of Service. The Utility shall not terminate residential occupant (i.e., tenant) electric service if a delinquent account relates to another property owned, managed, or operated by the Customer. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2010 -036 Dated: 04 -13.10 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE B. NONPAYMENT OF BILLS (Continued) Page No, 3.11.2 4. if a Customer is receiving more than one service, any or all services maybe discontinued when any service, regardless of location, is discontinued for nonpayment. However, residential service will not be discontinued because of nonpayment of bills or Summary Bills for other Classes of Service. The Utility shall not terminate residential occupant (i.e., tenant) electric service if a delinquent account relates to another property owned, managed, or operated by the Customer. 5. Under no circumstances may service be discontinued for nonpayment of a bill or Summary Bill to correct previously billed incorrect charges for a period in excess of the preceding three months, unless such incorrect charges have resulted from the Customer not abiding by the applicable Tariff Schedules. 6. Bills or Summary Bills collected on the Customer's Premises by a field utility representative shall include a collection fee. This fee is contained in Rule No. 23. 7. On any Saturday, Sunday, legal holiday recognized by the City of Anaheim, or at any time during which the business office of the City is not open to the public, electric service will not be discontinued on those days by reason of delinquency in payment for services. C. UNSAFE EQUIPMENT AND SERVICE DETRIMENTAL TO OTHER CUSTOMERS The Utility may refuse or immediately discontinue service to a Customer if the Utility determines (1) any part of their wiring or other equipment, or the use thereof, is unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or (2) any condition or use existing upon the Customer's Premises, which is detrimental to Utility's Facilities or impairs the ability of the Utility to provide service to its Customers. The Utility shall not provide service or continue service until the conditions described in (1) and (2) of the previous sentence no longer exist. The Utility may provide written or telephonic notice prior to discontinuation of service when the Utility determines circumstances allow for such notice. The Utility does not assume any responsibility for inspecting or repairing the Customer's wiring or other equipment or any part thereof and assumes no liability therefor. The Utility will not provide service to any equipment, the operation of which will be detrimental to the service of the Utility or its other Customers, and will discontinue electric service to any Customer who continues to operate such equipment after having been given written or telephonic notice by the Utility to cease doing so. (Continued) ISSUED BY: Effective: by Resolution. No.: Dated: Dukku Lee Superseding Resolution No.: 2010 -036 Dated: -13 -10 General Manager ' CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE 10 FRAUD Page No. 3.11.3 The Utility may refuse or discontinue service if the Utility determines the arts of the Customer or the conditions upon their Premises indicate (1) an intent to defraud the Utility, or (2) the occurrence of a Diversion as defined in Rule No. 6. A fee will be collected for the investigation of acts of fraud and/or Diversion as set forth in Rule No. 23, provided, however, that said fee shall not limit Customer's liability for any fraud or other Diversion. The Utility may provide written notice prior to discontinuation of service when the Utility determines circumstances allow for such notice. In addition to D.1, the following provisions shall apply when a Diversion involves an ESP: 2, An ESP must immediately upon request from the Utility supply all Customer information deemed pertinent to a Diversion investigation. Diversion shall have the meaning contained in Rule No. 6, 3. An ESP must immediately notify the Utility of any evidence of Diversion. 4. An ESP must maintain strict confidentiality of all Diversion investigations. 5. Once the Utility detects a Diversion, all investigations of unauthorized use of energy will be conducted by the City of Anaheim, in accordance with the Rates, Rules, and Regulations, regardless of ownership of the Meter or provisions of billing or metering services. Customers, ESP's and their agents are required to properly maintain the chain of evidence of any Diversion or other unauthorized use and cooperate in such investigation. 6. Once the Utility detects a Diversion, the Utility may, at its discretion, (a) retain the existing Meter, regardless of ownership, and (b) install a temporary Utility Meter and charge for its use. 7. In cases of Diversion, the City of Anaheim shall have the legal right to recover, from any Customer, ESP, or other person who caused or benefited from such Diversion or other unauthorized use the total estimated amount of the undercharge, including the direct access energy supply component and all associated costs incurred during the investigation of the Diversion, for the full period of the investigation and the Diversion or other unauthorized use. 8. The City of Anaheim reserves all evidentiary privileges and rights. 9. The City of Anaheim retains the right to collect from an ESP, the Customer or other persons causing or benefiting from the Diversion or other unauthorized use of power, interest on the unauthorized use billings and associated costs resulting from the Diversion or other unauthorized use of power. 10. Diversion or other unauthorized energy use relating to direct access service shall include failure by an ESP to submit schedules in good faith to a scheduling coordinator or ISO for a service account. 11 12. The Utility reserves the right to collect from an ESP, the Customer or responsible party for any damaged City equipment. The Utility reserves the right to collect from an ESP, the Customer or responsible party for all consumption recorded on idle Meters. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2 -35 Dated : -07 -00 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd, Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE E. FAILURE TO ESTABLISH OR REESTABLISH CREDIT Page No. 3.11 A If, for an Applicant's convenience, the Utility provides electric service before Applicant establishes creditworthiness or continues service to a Customer when creditworthiness has not been reestablished, and the Customer fails to establish or reestablish their creditworthiness in accordance with Rule No. 6, the Utility may discontinue electric service the following business day after this failure. F. NONCOMPLIANCE Except as otherwise specifically provided in this Rule No. 11, the Utility may discontinue service to a Customer for noncompliance with the Rates, Rules and Regulations if, after at least five (5) days written notice to the Customer, the Customer has not complied with the notice. The Utility may dispense with the giving of such notice in the event the Utility determines the existence of dangerous conditions or other circumstances that require the immediate discontinuation of service. G. CUSTOMER'S REQUEST FOR SERVICE DISCONTINUANCE When a Customer desires to terminate their responsibility for service, the Customer shall give the Utility not less than two (2) days notice of their intention, and provide (I) the date on which the Customer wishes the termination to become effective, and (2) the address to which the closing bill is to be mailed. A Customer may be held responsible for all service furnished at the Customer's Premises until two days after receipt of such notice by the Utility or until the date of termination specified in the notice, whichever date is later. H. RESTORATION - RECONNECTION CHARGE Prior to restoring electric service that has been discontinued for nonpayment of bills or for failure otherwise to comply with the Rates, Rules and Regulations, the Customer shall pay a reconnection charge for each incident in which the service(s) was disconnected. In the event that the Utility determines that the Customer is not at fault, including situations such as a payment being lost in the mail or other such situations, the Utility may waive the reconnection charge. If electric service(s) has been restored illegally or damaged due to tampering, the Customer must compensate the Utility for all damage incurred by the Utility prior to reconnection. The Customer is responsible for all damage incurred by the Utility whether or not electric service is reconnected. If Customer requests restoration/reconnection on a day when maximum workload has been scheduled, Customer shall pay an additional charge. These charges are contained in Rule No. 23. REQUEST FROM RESIDENTIAL OCCUPANT (TENANT) TO BECOME CUSTOMER If a landlord in a landlord/residential tenant relationship is responsible for the payment of the electric utility bill and the account is in arrears, the residential occupant (i.e., tenant) shall have the right to become the Customer without being required to pay the amount due on the landlord's delinquent account. In order for the Utility io make service available, the residential occupant (i.e., tenant) must agree to the terms and conditions of service. STATE LAW Should there be a conflict between this Rule No. I I and Public Utilities Code Sections 10001 et, seq., as amended from time to time, the Public Utilities Code and its amendments will prevail. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2010 -036 Dated: -13 -10 General Manager CITY OF ANAHETTM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 17 METER TESTS AND ADJUSTMENT OF BILLS FOR ERRORS A. TESTS Page No. 3.17.1 Customer Request. A Customer may, on notice of not less than one week, require the Utility to test the Meter for the Customer's service. Should a Customer demand a test within four (4) months after installation or more often than once in six (6) months, a Meter test fee will be required to be paid by Customer to cover the cost of the test. This Meter test fee will be refunded if the Utility determines the Meter to register more than 2% fast or 2% slow; however, if no such circumstances exist, the Utility will retain the Meter test fee to cover its Meter testing costs. The amount of the Meter test fee required is dependent on the type of Meter to be tested and is contained in Rule No. 23. A Customer shall have the right to require the Utility to conduct the test in the Customer's presence or in the presence of an expert or other representative appointed by the Customer. The results of the test will be furnished to the Customer within a reasonable time after completion of the test. B. ADJUSTMENT OF BILLS FOR ERROR I. Fast Meters. When, upon testing, the Utility determines a Meter to be registering more than 2% fast, thn Utility will refund to the Customer the amount of the overcharge, based on corrected Meter readings, subject to the provisions of paragraph 6 hereof. 2. Slow Meters. When, upon testing, the Utility determines a Meter to be registering more than 2% slow, the Utility may bill the Customer for the amount of the undercharge, based on corrected Meter readings, subject to the provisions of paragraph 6 hereof. 3. Nonregistering Meters. When, upon testing, the Utility determines a Meter to be nonregistering, the Utility may bill the Customer for the estimate of electricity consumed but not registered, subject to the previsions of paragraph 6 hereof. The Utility will estimate bills for this purpose based on the Customer's prior use, the Customer's subsequent use correctly metered, the Utility's experience with other Customers of the same class, and the general characteristics of the Customer's operation. 4. In the event of either (a) inaccuracies of Meter reading recording caused by Utility error; or (b) inaccurate bills as a result of Utility clerical or other Utility- caused Meter errors, the Public Utilities General Manager may, at their discretion, correct back to the date for which the Utility can reliably determine the overcharge or the undercharge. In cases where electric consumption dates or other factors required for application of Rate Schedules or other provisions are not subject to exact determination or are in question or dispute relative to service or rate application, the Public Utilities General Manager may establish such factors by tests, analysis, and/or investigations to determine the proper basis for making an adjustment, if any. 5. in the case of Customers who receive a separate bill for their electric power and ancillary services from an Energy Service Provider (ESP), the Utility will notify the ESP and the designated Data Acquisition Agent of the error. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 200OR -35 Dated: 03 -07 -00 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 17 METER TESTS AND ADJUSTMENT OF BILLS FOR ERRORS B. ADJUSTMENT OF BILLS FOR ERROR (Continued) Page No. 3.17.2 a. Undercharges. For any errors listed in B.1. to B.4, the Public Utilities General Manager may, at their discretion, make an undercharge adjustment upon their finding that (1) the undercharge occurred through no actions or omissions of the Customer and (2) the Customer had no knowledge of the undercharge or could not have reasonably been aware of it. If the Utility can reliably establish the error date or such date determined in the manner set forth in B.4. herein, the undercharge may be computed back to that date provided, however, that in no case will a bill for an undercharge exceed a twelve (12) month period. b. Overcharges. For any errors listed in B.1 to B.4, the Utility may compute back the overcharge to that date or such date determined in the manner set forth in B.4 herein, provided, however, that in no case will a refund for an overcharge exceed a twenty-four (24) month period for all service schedules unless directed otherwise by the Public Utilities General Manager or a representative designated by the Public Utilities General Manager. Ir. the event that the Utility determines that a billing error occurred and after all billing corrections have been made, the Utility may provide a courtesy credit to Customers. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 5� R -206 Dated: 12-19-9 5 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 19 A. PURPOSE,: RATE STABILIZATION ACCOUNT Page No. 3.19.1 The Rate Stabilization Account is established as a means of providing more stable retail electric rates to the customers of the Electric Utility. B. FUNDING MECHANISM Collections from Schedule RSA - Rate Stabilization Adjustment, will be the primary mechanism to fund the Rate Stabilization Account. The Rate Stabilization Account will also be funded by other miscellaneous credits and revenue. The Rate Stabilization Account will be a regulatory credit account established in accordance with Governmental Accounting Standards Board (GASB) Statement No, 62, C. ACCOUNTING All accounting procedures under this rule will be in compliance with GASB Statement No. 62. D. OPERATION OF RATE STABILIZATION ACCOUNT The Public Utilities Department will draw on Rate Stabilization Account funds to maintain financial performance indicators and goals specified in bond covenants and monitored by financial rating agencies. Included among these indicators and goals is the maintenance of a strong debt service coverage ratio and maximum Rate Stabilization Account balance of approximately three months of Electric Utility revenue. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 98R-4 Dated: 01 -05 -88 General Manager