RES-2012-044 RESOLUTION NO. 2012- 044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING THE ELECTRIC RATES, RULES
AND REGULATIONS BY ADOPTING RULE NO. 21
REGARDING SMART METER OPT OUT PROCEDURES FOR
RESIDENTIAL CUSTOMERS AS ADOPTED BY
RESOLUTION NO. 71R -478 AND MOST RECENTLY
AMENDED BY RESOLUTION NO. 2011-164.
WHEREAS, the City of Anaheim ( "Anaheim ") maintains an electric generation
and distribution system for the furnishing of electricity to residents and businesses of the City 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 electric services and fees for providing
electric services; and
WHEREAS, Anaheim established various rules of the Rates, Rules and
Regulations for these purposes; and
WHEREAS, Anaheim deployed its first advanced meters ( "Smart Meters ") in
2001 for large commercial and industrial customers, and, in 2008, it began its deployment to
residential customers; and
WHEREAS, Smart Meters collect and wirelessly transmit electric and water
consumption information to Anaheim's billing systems, which reduces costs and increases
system flexibility by, among other things, (i) enabling Anaheim to remote meter read, (ii)
enabling customers to privately review their own detailed consumption information on their
electric and water usage; and (iii) enabling Anaheim to determine the exact location and scope of
an outage so that power service can be restored faster; and
WHEREAS, in spite of the widespread acceptance of Smart Meters, some
customers have expressed an interest in not participating in Anaheim's Smart Meter Program;
and
WHEREAS, revisions to the Electric Rates, Rules and Regulations are required in
order to further articulate, Smart Meter opt out procedures for residential customers who do not
wish to participate in Anaheim's Smart Meter Program; and
WHEREAS, Rule No. 21 of the Electric Rates, Rules and Regulations (Rule 21)
is intended to accomplish the foregoing; and
WHEREAS, the Public Utilities Board of the City of Anaheim ( "Public Utilities
Board ") considered the proposal of the Anaheim's Public Utilities Department and made the
following findings with respect to the need for the proposed modifications to the Electric Rates,
Rules and Regulations: it is reasonable and appropriate to adopt Rule 21 as set forth in
Attachment A in order to further Anaheim's Smart Meter Program; 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 adoption of Rule No. 21 is exempt from the 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 adopt Rule No. 21 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 adoption of Rule No. 21
is exempt under the 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 21
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:
1. The findings set forth herein are hereby adopted by the City Council of the
City of Anaheim.
2. Rule No. 21 as set forth in Attachment A shall be, and is hereby adopted
by the City Council of the City of Anaheim.
3. The City Council of the City of Anaheim hereby determines and finds
that, in accordance with the CEQA and the State CEQA Guidelines, the adoption of Rule No. 21
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 21 will have a significant effect on the environment.
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.
5. Rule 21 shall be effective on June 1, 2012.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 29th day of May , 2012, by the
following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
/
r/ C
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
r
CITY CLERK OF THE — ITY OF ANAHEIM
89351
Attachment A
Rule No. 21 of the
Electric Rates, Rules and Regulations
CITY OF ANAHEIM ELECTRIC RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.21.1
Anaheim, CA 92805
RULE NO. 21
SMART METER PROGRAM RESIDENTIAL CUSTOMER OPT OUT OPTION
A. GENERAL
In furtherance of federal law and consistent with the overall energy policy of the State of California, the
Utility is deploying smart electric meters (Smart Electric Meters) within its service area. This Rule sets
forth the terms and conditions for residential Customer Smart Electric Meter opt out procedures.
B. TERMS OF SMART METER PROGRAM
1. Definition. Smart Electric Meters are Meters that transmit Customer electric consumption data to
the Utility at various time intervals through radio frequency transmission, and these Meters also (i)
automatically signal the loss of power to the Meter, and (ii) allow the Utility to remotely connect
or disconnect the Meter. A Meter is not a Smart Electric Meter if the Meter cannot electronically
transmit data to the Utility because either (i) the Meter does not have that capability, or (ii) the
Utility has disabled or turned off the radio frequency transmission of the Meter.
2. Opt Out Procedures. In addition to this Rule No. 21, Smart Electric Meters shall be governed by
the Meter provisions within these Electric Rates, Rules and Regulations, including, but not limited
to, Rule No. 16 and Rule No. 17. Consistent with Rule No. 16, Customers are required to install a
Smart Electric Meter when the Utility requires such installation. Notwithstanding the foregoing, a
Customer may refuse the installation of a Smart Electric Meter if the Customer (i) is a residential
Customer and (ii) has refused such installation in accordance with the procedures set forth in
Section B.2.a. below. A residential Customer may not refuse Smart Electric Meter installation if
(i) the Meter of that residential Customer has experienced tampering or manipulation; or (ii) the
Utility has experienced difficulty in disconnecting service or reading the Meter due to any cause or
reason of inaccessibility of the Meter of that residential Customer.
a. Prior to the installation of a Smart Electric Meter for any account of a residential Customer,
the Utility shall provide the residential Customer with written notice (Utility Notice) of (i) the
Utility's intent to install a Smart Electric Meter and the approximate date of installation; (ii)
the location of the installation; and (iii) the residential Customer's option to refuse the
installation of a Smart Electric Meter. If a residential Customer desires to exercise his/her
option to refuse the installation of a Smart Electric Meter, he /she shall notify the Utility and,
upon receipt of that notification, the Utility will not install a Smart Electric Meter at the
location described in the applicable Utility Notice. A residential Customer who refuses the
installation of a Smart Electric Meter in compliance with this Section B.2.a. shall be referred
to hereinafter as a Non - Participating Customer. Notwithstanding the foregoing, a Non -
Participating Customer may lose this Customer's status as a Non - Participating Customer and
the Utility may require this Customer to install a Smart Electric Meter upon the occurrence of
any of the following: (i) the Meter of that Non - Participating Customer has experienced
tampering or manipulation; (ii) the Utility has experienced difficulty in disconnecting service
or reading the Meter due to any cause or reason of inaccessibility of the Meter of that Non -
Participating Customer; or (iii) the previously installed Meter technology is no longer
adequately supportable in the Utility's sole discretion.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Marcie L. Edwards Superseding Resolution No.: N/A Dated: N/A
General Manager
CITY OF ANAHEIM ELECTRIC RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.21.2
Anaheim, CA 92805
RULE NO. 21
SMART METER PROGRAM RESIDENTIAL CUSTOMER OPT OUT OPTION
b. Notwithstanding anything to the contrary within this Rule No. 21, the Utility reserves the
right to require every residential Customer, including Non - Participating Customers, to
install Smart Electric Meters when the Utility determines that the number of Non -
Participating Customers has reached a point where their non - participation is no longer
cost neutral to the Utility. The Utility may require the foregoing in Lieu of proposing the
fee set forth in Section C of this Rule.
C. FEES
Except for those fees and charges for Meters set forth elsewhere within these Electric Rates, Rules and
Regulations, the Utility will not assess an opt out fee or charge on Non - Participating Customers until the
Utility determines that the number of Non - Participating Customers has reached a point where their non -
participation is no longer cost neutral to the Utility. At such time when the Utility determines participation
levels are no longer cost neutral, the Utility will propose to the City Council such fees to recover the
Utility's costs of service.
ISSUED BY: Effective: by Resolution No.: Dated:
Marcie L. Edwards Superseding Resolution No.: N/A Dated: N/A
General Manager