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RES-2013-002 RESOLUTION NO. 2013- 002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE ELECTRIC RATES, RULES AND REGULATIONS BY MODIFYING RULE NO. 3 FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R -478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2012 -044. 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 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, 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 (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 No. 3 of the Electric Rates, Rules and Regulations to allow Department staff more discretion to apply Rule No. 3 in a manner that fairly balances customer and Anaheim interests and to update Rule No. 3 to add clarifying language or 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 Regulations: it is reasonable and appropriate to modify Rule No. 3 as set forth in Attachment A in order to further Anaheim's Regulatory Relief initiative and clarify and update Rule No. 3; 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 No. 3 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 modify Rule No. 3 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 No. 3 of the Electric Rates, Rules and Regulations 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 No. 3 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. The City Council of the City of Anaheim hereby determines and finds that, in accordance with CEQA and the State CEQA Guidelines, the modification of Rule No. 3 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 No. 3 will have a significant effect on the environment. 3. The modifications to Rule No. 3 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, 2013. 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 15th day of January , 2013, by the following roll call vote: AYES: Mayor 'Tait, Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MA OR OF THE CITY OF ANAHEIM ATTEST: , li• WIPLLi• CITY CLERK OF THE CITY Y F ANAHEIM 93014 3 Attachment A Rule No. 3 of the Electric Rates, Rules and Regulations 4 CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.3.1 Anaheim, CA 92805 RULE NO. 3 APPLICATION FOR SERVICE A. APPLICATION FOR SERVICE Each Applicant for Utility service shall be required to furnish the following information, as applicable: 1. Name, mailing address, and contact telephone number of Applicant. 2. Location of Premises to be served. 3. Date Applicant will be ready for service. 4. Such other information as the Utility may reasonably require and/or is required by applicable federal or state law. The above information may be supplied by the Applicant in writing, in person, or by telephone. The Application is a request for service and does not in itself bind the Utility to serve except under its Tariff Schedules, nor does it bind the Customer to take service for a longer period than the minimum requirements of the Rate Schedule. B. INDIVIDUAL LIABILITY FOR JOINT SERVICE Two or more Persons who join in one Application or contract for service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill provided to the Person designated on the Application to receive the bill. C. CHANGE IN CUSTOMER'S EQUIPMENT OR OPERATIONS Customers shall give the Utility written notice of the extent and nature of any change in the rating of the service, increase in connected load, or extent, size, or character of the utilizing equipment or operations for which the Utility is supplying service at least 15 days before making any such change, in order to schedule any corresponding changes to the Utility's facilities. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2005 -39 Dated: 03 -29 -05 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.3.2 Anaheim, CA 92805 RULE NO. 3 APPLICATION FOR SERVICE D. SERVICE ESTABLISHMENT CHARGE 1. The Utility will charge a service establishment charge for any service(s) established at an individual Premises. This charge is contained in Rule No. 23. 2. The service establishment charge provided for herein is in addition to the charges in accordance with the applicable Tariff Schedule and may be made each time an account is established. As used herein, establishment means each time an account is opened, including a turn on of service or a change of name which requires a meter reading or occupant verification. 3. Service requests will be processed and scheduled on a first -come, first -served basis. If a Customer desires to have his or her request scheduled earlier, ahead of other service requests, or when the maximum workload has been scheduled, an additional charge will be assessed. 4. The service establishment charge is only applicable to Customers of the Utility whose service is directly metered by the Utility. 5. Any apartment complex owner who has enrolled in the Utility's program known as the "Participating Apartment Owners" will be charged a service establishment charge at a reduced rate. The program allows the Utility to automatically transfer service into the owner's name for cleaning and showing purposes as tenants vacate the apartment. 6. No service establishment charge shall be assessed on Customers requesting a change of name on an account if the new Person to be named on the account can verify that he or she lived at the individual Premises prior to the change of name request. 7. No service establishment charge shall be assessed on any new Customer who subsequently receives approval for the Utility's Energy Discount for Income - Qualified Senior or Income- Qualified Long - Term Disabled Customers as defined in Electric Rule No. 26, within one year of starting service with the Utility, and shall be refunded any service establishment charges if paid in advance of such approval. 8. No service establishment charge shall be assessed on any new Customer who can verify United States military veteran status and can prove that his or her income is at or below the income - qualified threshold defined in Electric Rule No. 26. United States military veteran status refers to current or prior service members of the United States Armed Forces, including members of the National Guard or Reserves. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2005 -39 Dated: 03 -29 -05 General Manager