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95-206 RESOLUTION NO. 95R-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RULE 17 OF THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 95R-140 AND AMENDING RULE 17 OF THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 95R-120. WHEREAS, the City of Anaheim (Anaheim) maintains a water transmission and distribution system for the furnishing of water to residents and inhabitants of Anaheim and has adopted Water Rates, Rules and Regulations for the sale and distribution of water; and WHEREAS, Anaheim maintains an electric generation and distribution system for the distribution of electricity to residents and inhabitants of Anaheim and has adopted Electric 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 water and electric service; and WHEREAS, in order to achieve reasonable and equitable treatment of customers, it is appropriate to authorize the Public Utilities General Manager to correct meter reading recordings and/or bills for utility services reflecting clerical and/or meter errors which occurred through no fault of a customer; and WHEREAS, it is therefore necessary and appropriate to amend Rule 17 of the Water Rates, Rules and Regulations and to amend Rule 17 of the Electric Rates, Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that: 1. The changes and additions to Rule 17 of the Water Rates, Rules and Regulations and to Rule 17 of the Electric Rates, Rules and Regulations as shown in Attachment A are hereby adopted to be effective as of July 1, 1995. 2. The Public Utilities General Manager is hereby authorized and directed to prepare, promulgate, publish, and implement changes to Rule 17 of the Water Rates, Rules and Regulations and to Rule 17 of the Electric Rates, Rules and Regulations as set forth herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of December , 1995. MAYO~O~F THE CITY OF~~ IM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 14822.1\LMOSES\November 28, 1995 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-206 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of December, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-206 on the 19th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-206 was duly passed and adopted by the City Council of the City of Anaheim on this December 19th, 1995. CITY CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM ELECTRIC RATES, RULES A~c,,,,, A Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.17.1 Anaheim, CA 92805 RULE NO. 17 METER TESTS AND ADJUSTMENT OF BILLS FOR ERRORS A. TESTS 1. On 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. No charge will be made for such test, but, should a customer demand a test within four (4) months after installation or more often than once in six (6) months, a deposit will be required to cover the cost of the test. This deposit will be returned if the meter is found to register more than 2% fast or 2% slow. The amount of the deposit will be dependent on the type of meter to be tested and is contained in Rule 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 METER ERROR I. Fast Meters. When, upon test, any meter is found to be registering more than 2% fast, the Utility will refund to the customer the amount of the overcharge, based on corrected meter readings, subject to the provisions of paragraph 4 hereof 2. Slow Meters. When, upon test, any meter is found 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 4 hereof. 3. Non registering Meters. When, upon test, any meter is found to be nonregistering, the Utility may bill the customer for the estimate of electricity consumed but not registered, subject to the provisions of paragraph 4 hereof Bills for this purpose will be estimated from 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. Issued by: Edward K. Aghjayan Effective 7-01-9~ by Resolution No. Dated __ General Manager Superseding Resolution No.89R-392 Dated 9/27/89 CITY OF ANAHEIM ELECTRIC RATES, RULES ~mch,~,,, Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.17.2 Anaheim, CA 92805 RULE NO. 17 METER TESTS AND ADJUSTMENT OF BILLS FOR ERRORS (Continued) 4. a. Undercharges. When it is found that the error in a meter is due to causes, the date of which can be reliably established, 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. (for a single family residential ~crvicc schedules or a t~vcnty four (24) month period for all other scr~4ce s~hedulcs.) b. Overcharges. When it is found that the error in a meter is due to causes, the date of which can be reliably established, the overcharge may be computed back to that date, provided, however, that in no case will a reftand for an overcharge exceed a twenty-four (243 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. C. ADJUSTMENT OF BILLS FOR UTILITY ERROR 1. Inaccuracies of meter reading recording or bills reflecting clerical or meter errors mav, at the discretion of the Public Utilities General Manager, (:ka~l) be corrected back to the date for which the overcharge or the undercharge may be reliably established. 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 Utility may (:kaI!) establish such factors by tests, analyses, and/or investigations to determine the proper basis for making an adjustment, if any. Undercharge adjustments in billing, however, shall not exceed a twelve (12) month period. (~v single family domestic service schedules or a twenty four (24) month period for all other ser~4ce schedules) The Public Utilities General Manager may, at his discretion, make an undercharge adjustment upon his finding that the undercharge occurred through no fault of the customer and without reasonable basis upon which the customer should have been aware of the undercharg~ Overcharge refunds shall not exceed a twenty-four month (24) period for all service schedules unless directed otherwise by the Public Utilities General Manager or a representative designated by the Public Utilities General Manager. 2. The Utility is authorized to refund a credit balance. Issued by: Edward K. Aghjayan Effective 7-01-95 by Resolution No. Dated __ General Manager Superseding Resolution No.g9R-392 Dated 9/27/89 CITY OF AaNAHEIM WATER RATES, RULES *t~h,..,t s Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.17.1 Anaheim, CA 92805 RULE NO. 17 METER TESTS AND ADJUSTMENT OF BILLS FOR ERRORS A. TESTS I. On Customer's Request. A customer may, on notice of not less than one week, require the Utility to test the meter for the customer's (his) service. No charge will be made for such test; but, should a customer demand a test within four (4) months al~er installation or more oaen than once in six (6) momhs, a deposit will be required to cover the cost of the test. This deposit will be returned if the meter is found to register more than 3% fast or 3% slow. The amount of the deposit is dependent on the type of meter to be tested and is contained in Rule 21. A customer shall have the right to require the Utility to conduct the test in Be e#stomer's (his) presence or in the presence of an expert or other representative appointed by the customer (F.'.'m). The results of the test will be furnished to the customer within a reasonable time at~er completion of the test. B. ADJUSTMENT OF BILLS FOR METER ERROR I. Fast Meters. When, upon test, any meter is found to be registering more than 3% fast, the Utility will refund to the customer the amount of the overcharge, based on corrected meter readings, subject to the provisions of paragraph 4 hereof. 2. Slow Meters. When, upon test, any meter is found to be registering more than 3% slow, the Utility may bill the customer for the amount of the undercharge, based on corrected meter readings, subject to the provisions of paragraph 4 hereof. Issued by: Edward K. Aghjayan Effective 7-01-95 by Resolution No. Dated __ General Manager Superseding Resolution No.93R-45 Dated 3/09/93 CITY OF ANAHEIM WATER RATES, RULES ARachmc~ntB Ut'dities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.17.2 Anaheim, CA 92805 RULE NO. 17 METER TESTS AND ADJUSTMENT OF BILLS FOR ERRORS (Continued) 3. Non registering Meters. When, upon test, any meter is found to be non registering, the Utility may bill the customer for the estimate of water consumed but not registered, subject to the provisions of paragraph 4 hereo[ Bills for this purpose will be estimated from 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. a. Undercharges. When it is found that the error in a meter is due to causes, the date of which can be reliably established, 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. (for single family residential ~ervicc ~chcdulcs or a twcffty four (2'1) month period for all other service ~chedulea.) b. Overcharges. When it is found that the error in a meter is due to causes, the date of which can be reliably established, the overcharge may be computed back to that date, 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. Issued by: Edward K. Aghjayan Effective 7-01-95 by Resolution No. Dated __ General Manager Superseding Resolution No.89R-361 Dated 8/22/89 CITY OF ANAHEIM WATER RATES, RULES *t~hm,~t ~ Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.17.3 Anaheim, CA 92805 RULE NO. 17 METER TESTS AND ADJUSTMENT OF B!I.LS FOR ERRORS (Continued) C. ADJUSTMENT OF BILLS FOR UTILITY ERROR 1. Inaccuracies of meter reading recording or bills reflecting clerical or meter errors mav, at the discretion o£ the Public UtilitiesGeneralManager, (s~a!!)be corrected back to the date for which the overcharge or the undercharge may be reliably established. In cases where water 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 Utility may (:~!) establish such factors by tests, analyses, and/or investigations to determine the proper basis for making an adjustment, if any. Undercharge adjustments in billing, however, shall not exceed a twelve (12) month period. (for single family domestic service schedules or a twenty four (24) month period for all other service ~chedulcs) The Public Utilities General Manager may, at his discretion, make an undercharge adjustment upon his finding that the undercharge occurred through no fault of the customer and without reasonable basis upon which the customer should have been aware of the undercharg& Overcharge refunds shall not exceed a twenty-four 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. 2. The Utility is authorized to refund a credit balance. Issued by: Edward K. Aghjayan Effective 7-01-95 by Resolution No. Dated __ General Manager Superseding Resolution No.89R-361 Dated 8/22/89