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RES-2013-148RESOLUTION NO. 2013- 14 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE ELECTRIC RATES, RULES AND REGULATIONS BY MODIFYING RULE NOS. 16 AND 24 FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2013 -116. 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 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. 16 and 24 of the Electric Rates, Rules and Regulations to, among other things: (i) expedite the plan check process by charging customers only for plan checks that require staff labor in excess of four hours to complete; (ii) allocate costs on a project specific basis rather than on a flat fee basis; (iii) provide developers with the flexibility to choose to have Department pre - qualified contactors install electric utility services; (iv) offer customers up to a fifty dollar courtesy credit for missed appointments; (v) allow residential customers to have a second meter for electric vehicles; (vi) relocate overhead Service Wires that cross over existing pools at no cost to the customer; and (vii) add clarifying language and delete obsolete language; and WHEREAS, the Public Utilities Board of the City of Anaheim ( "Public Utilities Board ") considered the proposals of the 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 modify Rule Nos. 16 and 24 as set forth in Attachment A in order to further Anaheim's Regulatory Relief Initiative and clarify and update Rule Nos. 16 and 24; 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 modifications of Rule Nos. 16 and 24 of the Electric Rates, Rules and Regulations 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. 16 and 24 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 determine and find that the modification of Rule Nos. 16 and 24 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. 16 and 24 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 Nos. 16 and 24 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. 16 and 24 will have a significant effect on the environment. 3. The modifications to Rule Nos. 16 and 24 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 October 1, 2013. 2 4. The Anaheim Acting 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of September , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Murray, Brandman and Kring NOES: None ABSENT: Council Member Eastman ABSTAIN: None CITY OF ANAHEIM... - " MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF NAHEIM 97628 3 Attachment A Rule Nos. 16 and 24 of the Electric Rates, Rules and Regulations EI CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.1 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES A. METER INSTALLATIONS AND MISCELLANEOUS SERVICE EQUIPMENT ON CUSTOMER'S PREMISES. Meter Installations. a. Location. All Meters installed by the Utility shall be installed at some convenient place, approved by the Utility, upon the Customer's Premises and so placed as to be at all times accessible for inspection, reading, and testing. The Customer shall, at the Customer's own expense, provide a new and approved location for the Meter or Meters in order to comply with the foregoing whenever the existing Meter or Meters becomes inaccessible for inspection, reading, or testing. b. Separate Meters Required. Each Single - Family Dwelling or Accommodation within a residential multifamily accommodation will be separately metered by the Utility for new installations on and after June 1, 1979, except where a commitment for installation of other than separate metering has been made by the Utility to the owner /developer prior to such date. However, if said commitment has not been exercised within an ensuing period of twelve months, separate metering of electric service for each residential unit is required. C. Multiple- Occupancy Buildings. In all buildings in which Meters are required to be installed for various floors or groups of rooms in order to measure separately the electrical energy supplied to each of several Customers, all Meters shall be located at one central point or as otherwise specified by the Utility. Each Meter position shall be clearly marked, by the building owner, to indicate the particular location supplied by it. d. Master Meters. A master Meter will be furnished and installed by the Utility, except as provided in Section A. Lb. above, upon application by the owner or lessee of any residential building where the floors (or portions thereof) or rooms or groups of rooms are rented separately and where electric energy is to be metered and resold by said owner or lessee to the individual tenants as provided in Rule No. 18. In such cases, the said owner or lessee shall furnish, install, maintain, and test the submeters at the owner or lessee's expense. e. Sealing of Meters. All Utility Meters will be sealed by the Utility, and no such seal shall be tampered with or broken except by a representative of the Utility authorized to do so. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 79R -292 Dated: 05 -22 -79 Acting General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.2 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES A. METER INSTALLATION AND MISCELLANEOUS SERVICE EQUIPMENT ON CUSTOMER'S PREMISES (Continued) f. The City will furnish Meters adequate to measure the energy consumption and /or demand, as specified in the Rate Tariff or as determined by the Public Utilities General Manager. The type and location of such Meters shall conform to the Utility's requirements and specifications. The Customer shall provide space and access acceptable to the Utility for the required metering installation. 2. Miscellaneous Service Equipment a. Equipment Furnished by Customer. All service switches, fuses, Meter sockets, instrument transformer housings, switchboard Meter test busses and similar devices, irrespective of voltage, required in connection with service and Meter installation on Customer's Premises, shall be furnished, installed, and maintained by the Customer in accordance with the Utility's requirements. Detailed information will be furnished by the Utility on request. b. Equipment Furnished by Utility. The Utility will furnish and install the necessary instrument transformers, test facilities (except switchboard Meter test busses), and Meters. Also, the Utility will furnish the metering enclosures when it deems it necessary to locate metering equipment at a point that is not accessible to the Customer. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 82R -534 Dated: 11 -02 -82 Acting General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.3 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES B. SERVICE CONNECTIONS Overhead Services. a. Service Drops. Upon a bona fide Application for service, and where the Utility's distribution equipment is located on the Customer's Premises, or on a street, highway, lane, alley, road, or private easement immediately contiguous thereto, the Utility will furnish and install Service Wires from its pole to the Customer's first permanent support, provided such support is of a type, and is so located that such Service Wires may be installed to the Point of Delivery approved by the Utility in accordance with good engineering practice, and in compliance with the Department's standards and all applicable laws, ordinances, rules and regulations, including those governing clearances and points of attachments. b. Impaired Clearance. Whenever any of the clearances required by the applicable laws, ordinances, rules, or regulations of public authorities from the service drops to the ground or any object become impaired by reason of any changes made by the owner or tenant of the Premises, the Customer shall, at the Customer's own expense, provide a new and approved support, in a location approved by the Utility, for the termination of the Utility's existing service drop wires and shall also provide all service entrance conductors and equipment necessitated by the change of location. C. Service Entrance Conductors. For each overhead service connection, the Customer shall furnish at the Customer's expense a set of service entrance conductors which shall extend from the Point of Delivery at the point of termination of the Utility's service drop on the Customer's support to the Customer's Meter switch. Such service entrance conductors shall be of a type and be in an enclosure which meets with the approval of the Utility and City Planning Department Building- Inspector. d. Service Wires Over Swimming Pools. For Service Wires directly crossing over existing outdoor Swimming Pools, the Utility will relocate the Service Wires to the Point of Delivery as approved by the Utility when requested by the Customer. The Utility will perform the Service Wire relocation at its expense, provided that no utility poles, transformers, or other electrical equipment, except for Service Wires are required to be newly installed. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 71R -478 Dated: 10 -26 -71 Acting General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.4 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES B. SERVICE CONNECTIONS (Continued) 2. Underground Service Connections a. Any Customer desiring Service Wires to be installed underground shall furnish, install, and maintain, at the Customer's expense, supporting structures including vaults, equipment pads, pull boxes, and conduits, as designated by the Utility on which the Service Connection is to be made. The supporting structures from the Utility's supply lines to the Point of Delivery, as determined by the Utility, shall be conveyed and shall thereafter be owned and maintained by the Utility upon its acceptance. The supporting structures from the Point of Delivery to the Customer's equipment shall be owned and maintained by the Customer. Customers shall provide 48 -hour notice prior to performing any planned maintenance or other work that requires Utility - provided access to Customer equipment and materials. b. The electrical equipment and materials to be furnished, installed, and maintained by the Customer from the Point of Delivery to the Customer's equipment shall be determined by the Utility. Customers shall provide 48 -hour notice prior to performing any planned maintenance or other work that requires Utility - provided access to Customer equipment and materials. C. The Customer shall pay the cost of installing electrical equipment and materials required to provide the Service Connection from the Utility's supply lines to the Point of Delivery, as determined by the Utility, and the Utility will thereafter own and maintain the electrical equipment and materials. d. Where the Customer desires total underground facilities, the Customer shall pay, prior to the Meter set, a nonrefundable sum as determined by the Utility, in accordance with Rule No. 24. Number of Services to be Installed a. The City will not install more than one service for any one building or group of buildings on a single Premises, except as separate services may be installed for a separate building or for groups of buildings, where necessary for the operating convenience of the City, or for different uses, such as for different Rate Schedules, as determined by the Utility. b. Customers planning to reconfigure the number of services shall at a minimum (i) obtain a building permit from the City Planning Department, and (ii) obtain a service plan from the Utility pertaining to the electrical reconfiguration, as necessary. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2009 -077 Dated: 05 -19 -09 Acting General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.5 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES C. ELECTRICAL EQUIPMENT INSTALLATION ON CUSTOMER'S PREMISES 1. In cases where the Utility requires installing transformers, other electrical equipment, or wires on Customer's Premises in order to provide service, the Customer shall provide adequate space and furnish applicable easements. a. Where the Customer has provided a fireproof room or vault, in which Utility -owned electrical equipment may be installed, the Utility will provide the specifications and requirements, and complete the installation at the Customer's expense. Where the Customer has furnished and installed supporting structures in a location approved by the Utility, the Customer shall also furnish, install, and maintain, at the Customer's expense, all electrical equipment and materials necessary to receive service from the Point of Delivery to the Customer's equipment. The Utility reserves the right to specify the type of transformer installation to be used. Each typical installation shall include, where necessary, facilities for one standard transformation. (Continued) ISSUED BY: Dukku Lee Acting General Manager Effective: by Resolution No.: Dated: Superseding Resolution No.: 99R -142 Dated: 06 -22 -99 CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.16.6 Anaheim, CA 92805 RULE NO. 16 SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES D. CONNECTION OF CUSTOMER'S SERVICE TO UTILITY EQUIPMENT Only duly authorized employees of the Utility, or contractors who have been qualified by the Utility to perform work on high voltage equipment, are allowed to connect the Customer's service or to disconnect the same from the Utility's equipment. E. OWNERSHIP AND MAINTENANCE OF FACILITIES 1. All supporting structures and electrical equipment from the Utility's supply lines to the Point of Delivery for the purpose of delivering electric energy to the Customer shall be the property of the Utility, and may be repaired or replaced by the Utility at any time, and removed at the termination of service, and may also be used to supply other Customers whether or not on the same Premises, provided the proper rights of way have been obtained. 2. No rent or other charge whatsoever shall be made against the Utility for placing or maintaining such facilities upon the Customer's Premises. The Customer shall exercise reasonable care to prevent the facilities of the Utility upon said Premises from being damaged or destroyed, and shall refrain from relocating or otherwise interfering with same and, in case any defect therein shall be discovered, shall promptly notify the Utility thereof. F. CUSTOMER RESPONSIBILITY FOR OWN EQUIPMENT The Customer shall, at the Customer's own sole risk and expense, furnish, install, inspect and keep in good and safe condition all of the Customer's supporting structures, electrical panel, electrical wires, machinery, and apparatus of any kind of character which may be required from the Point of Delivery to the Customer's equipment for (1) receiving electric energy from the supply lines of the Utility regardless of the location of the transformers, Meters, or other equipment of the Utility; and (2) applying and utilizing such energy, including all necessary protective devices and suitable housing thereof. The Utility shall not be responsible for any loss or damage occasioned or caused by the negligence, want of proper care, or wrongful act of the Customer or of any of the Customer's agents, employees, or licensees on the part of the Customer in installing, maintaining, using, operating, or interfering with any such electrical wires, machinery, or apparatus. G. RIGHT OF ACCESS 1. The Utility shall, at all times, have the right of ingress to and egress from a Customer's Premises at all reasonable hours for any purposes reasonably connected with the furnishing of electric energy and the exercise of any and all right secured to it by law or the Rules. 2. The Utility shall require that each Customer furnish the Utility, at the expense of the Customer and in the appropriate quantity as specified by the Utility, with the appropriate devices to gain access to a Customer's Premises by way of keys, gate opener /clickers or a personal escort. 3. The Utility may charge a Meter reading fee if the Utility cannot gain access to the Customer's metering equipment on the scheduled read date. Rule No. 23 contains the above referenced charges. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 89R -392 Dated: 09 -27 -89 Acting General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 24 ELECTRIC DIVISION CHARGES Page No. 3.24.1 The following charges and bonds are to be assessed, as appropriate, from builders, developers, and Customers requiring the Utility's services or relocations. The charges set forth in this Rule are based on costs for labor, equipment, and materials incurred by the Utility. A. SUBDIVISIONS - RESIDENTIAL Chapter 17.08.450 of the Municipal Code requires developers to post a Subdivision and Tract Improvement Bond for Public Improvements. The estimated cost for electrical underground utilities: $4,500 per acre Rule No. 15, Line Extensions, or successor Rule of the Electric Rates, Rules and Regulations provides that the developer, subdivider or other Customers requesting extensions within new residential subdivisions shall pay, before start of construction, a non - refundable sum as determined by the Utility based upon: a. All costs for labor, equipment, and materials for the installation of said underground system, and the preparation of plans, specifications and inspections for said system. b. The per Premises charge will be established by the Electrical Engineering Division on a work order basis for the cost of labor and expenses incurred by the Utility in making such installation. 3. In addition to the above costs, the developer shall install supporting structures as determined by the Utility, including necessary trenching, conduits, vaults, and related work in accordance with Rule No. 15 or successor Rule. 4. If construction of the subdivision underground utility facilities has not begun within 12 months of the date of the payment, the per Premises charge shall be recalculated based upon current costs of labor and materials, and paid by the developer before construction proceeds. 5. These compatible unit costs used in work orders shall be reviewed and updated periodically to reflect current expenses incurred by the Utility for installation of this type of underground facility. 6. Costs for installation of an Underground Line Extension (backbone) in developer provided conduit and substructure systems shall be determined by the Electrical Engineering Division, based upon plans prepared or approved by the Utility, and billed according to Rule No. 15. B. RESIDENTIAL SERVICE CHARGES Applicants requesting new or upgraded residential service shall pay, prior to the Meter set, for each installation and will be charged on a work order basis for the cost of labor, equipment, and materials incurred by the Utility in making such installation. C. COMMERCIAL /INDUSTRIAL SERVICE CHARGES Applicants requesting commercial/industrial service shall pay, prior to the Meter set, for each installation and will be charged on a work order basis for the cost of labor, equipment, and materials incurred by the Utility in making such installation. D. ENGINEERING CHARGES FOR REDESIGN If a contractor/builder /developer requests the Utility to revise, redesign, or change the Electrical Utility system design for a project after final approval, and such request requires additional engineering and /or a reassignment of priorities to accommodate the contractor's/builder's /developer's construction schedule, the Customer shall pay for the cost of labor and other costs incurred by the Utility. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 99R -142 Dated: 06 -22 -99 Acting General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO. 24 ELECTRIC DIVISION CHARGES E. TEMPORARY POWER AND SERVICE CHARGES Page No. 3.24.2 Applicants requesting temporary electrical service shall pay, prior to the temporary Meter set, for each installation and will be charged on a work order basis for the cost of labor, equipment, and materials incurred by the Utility in making such installation. F. STREET LIGHTS Chapter 18.04.060.040 of the Municipal Code requires the installation of street lighting facilities or payment of street lighting per front foot charge. The aforementioned Chapter requires all new developments to install the street lighting facilities required in accordance with the official street lighting standards on file in the Public Utilities Department. A performance bond shall be required, in an amount established by the Utility and in a form approved by the City Attorney, to cover the installed cost of the facilities required. In lieu of the installation of street lighting facilities, the Utility may require street lighting fees on a front foot charge basis for any abutting street or highway in an amount to recover the estimated cost for the street lighting facilities required in accordance with the official street lighting plan approved by the Utility. Developersibuilders /contractors are required to post a performance bond with the City to assure installation of public improvements. The bond required for the street lighting facilities is a part of the Public Improvements Bond deposited with the Real Property Section of the Engineering division, Public Works Department. Private Streets - Street lighting on private streets shall be in accordance with the Utility's standards and specifications, which have been developed based on Illuminating Engineering Society (IES) street lighting recommendations. The luminaire and pole shall be furnished and installed by the developer. Street lighting on private streets shall be metered in accordance with the Electric Rates, Rules and Regulations and service requirements. If a private street is approved for dedication to the City as a public street, the street lights shall be installed per the Utility's standards and specifications by the owner and the circuit re -wired for Utility service prior to acceptance of dedication by the City. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 99R -142 Dated: 06 -22 -99 Acting General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.24.3 Anaheim, CA 92805 RULE NO. 24 ELECTRIC DIVISION CHARGES G. COSTS FOR SUPPLEMENTAL DESIGN, ENGINEERING, TESTING, OR MATERIALS The Electric Utility shall charge for costs incurred to provide design, engineering, testing, or materials at the request of the Customer. Reimbursement shall include, but is not limited to Utility labor, contracted labor, materials, and equipment rental and usage established by the Electrical Engineering Division on a work order basis for the cost of labor, equipment, and materials incurred by the Utility and shall be payable prior to rendering the requested services. At its option, the Utility may consider the supplemental service as a request for Added Facilities by the Customer. H. PLAN CHECK CHARGES The Electrical Engineering Division provides plan checking as required to evaluate the Electrical System for conflicts with any proposed new construction or modification of any existing structure or facility. The Electrical Engineering Division shall charge for plan checks that require staff time or labor in excess of four (4) hours to complete. EASEMENT PROCESSING CHARGES In the event that rights to any privately constructed facility are to be assigned to the City, the assignment of rights under written agreement shall require prior City Council approval and shall be subject to the cost of processing the assignment. The cost and preparation of easement drawings and deeds are the responsibility of the Customer and shall follow all applicable state, county, and local requirements. MISSED APPOINTMENTS In the event that the Utility is unable to keep a specified appointment with a Customer due to emergencies, unplanned outages, or other situations that may arise requiring that construction or engineering services are delayed, the Utility will reschedule the appointment and will not charge additional costs, such as overtime labor, in order to complete the work and may, where applicable, provide a courtesy credit of up to $50 based upon the specific circumstances. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2003R -135 Dated: 06 -17 -03 Acting General Manager