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RES-2015-012 RESOLUTION NO. 2015- 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE ELECTRIC RATES, RULES AND REGULATIONS BY MODIFYING RULE NOS. 13 AND 14 FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2014-068 AND DETERMINING SAID ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PUR SUANT TO GUIDELINE SECTION 15061(B)(3). WHEREAS, the City of Anaheim ("Anaheirn") maintains an electric generation and distribution system for the furnishing of electricity to residents and businesses of Anaheim and has adopted ElUctric Rates, Rules and Regulations for the sale and distribution of electricity; and WHEREAS, the Anaheim Municipal Code authorizes the Anaheim City Council to approve reasonable Rates, Rules and Regulations governing electric services and fees for providing electric services; and WH?rREAS, Anaheim established various rules of the Electric Rates, Rules and Regulations for the�e 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 re�iability and high industry standards; and VVHEREAS, the Anaheim Regulatory Relief Task Force was charged with reviewing the regulatory burden on existing and prospective businesses in Anaheim and making recommendations tt�at help foster more freedom for Anaheim's utility customers ("Anaheim's Regulatory Relief I�iitiative"); and � WHx�REAS, 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, Dc;partment staff reviewed and recommends modifications to Rule Nos. 13 and 14 of the Electric R ates, Rules and Regulations to, among other things, (1) offer a performance guarantee for establishment of temparary electric service, (2) accommodate the customer for missed deadlines ar appointments, (3) expedite the time for plan check services, and (4) assign higher priarity to system modifications for areas where customers are affected by repeated unplanned electric outages; and WHEREAS, Anaheim's Public Utilities Board ("Public Utilities Board") considered in a public hearing the proposal 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. 13 and 14 as set forth in Attachment A in order to further Anaheim's Regulatory Relief Initiative and clarify and update Rule Nos. 13 and 14; and WHEREAS, the public hearing was noticed in accordance with Government Code section 66018; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended to the Anaheim City Council that the Anaheim: City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and modify Rule Nos. 13 and 14 as shown in Attachment A; and WHEREAS, the Public Utilities Board recommended to the Anaheim City Council that the Anaheim City Council determine that the modifications to Rule Nos. 13 and 14 of the Electric Rates, Rules and Regulations are exempt under the California Environmental Quality Act (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. 13 and 14 will have a significant effect on the environment; and WHEREAS, the Anaheim 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 Anaheim City Council as follows: 1. The findings set forth herein are hereby adopted by the City Council of the City of Anaheim. 2. The Anaheim City Council hereby determines that, in accordance with CEQA and the State CEQA Guidelines, the modifications to Rule Nos. 13, and 14 of the Electric Rates, Rules and Regulations are 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. 13 and 14 will have a significant effect on the environment as the changes are mostly administrative in nature, designed to promote clarity, and do not involve any physical change to the environment. 3. The modifications to Rule Nos. 13 and 14 of the Electric Rates, Rules and Regulations as set forth in Attachment A shall be, and are hereby adopted by the Anaheim City Council effective February 1, 2015. 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 27th day of January , 2015, by the following roll call ��ote: AYES: Mayor Tait, Council Members Kring, Murray, Brandman and Varvderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM � MAYOR OF THE CITY OF ANAHEIM ATTEST: p CLERK OF THE CITY OF ANAHEIM ��r�� CAO# 106913 3 Attachment A Rule Nos. 13 and 14 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. 3.13.1 Anaheim, CA 92805 RULE NO. 13 TEMPORARY SERVICE A. APPLICATION REQUIREMENTS The Utility will furnish Temporary Service when all of the following conditions have been met: 1. The Applicant submits a Temporary Service application to the Utility and the Utility determines no undue hardship will result to any other Customer as a result of the requested Temporary Service. 2. The Utility will provide the Applicant with the estimate of those costs set forth in B.1. below and the Applicant shall pay these estimated costs. Plan check charges will be in accordance with Rule No. 24. 3. The Applicant establishes credit as required by Rule No. 6. B. CONDITIONS OF SERVICE 1. Customer shall be responsible to pay the Utility for the reasonable costs incurred by the Utility for labor, contracted labor, equipment or materials to allow Customer's Premises to receive Temporary Service from the Utility's electric system, including any meter installation costs and costs to disconnect the Premises from the system. 2. Customer shall pay for Temporary Service electric consumption in accordance with the applicable rate schedule in the Rates, Rules and Regulations and comply with all applicable requirements therein. 3. The Temporary Service shall remain in effect for as long as reyuired. Notwithstanding the foregoing, the Utility may immediately discontinue Temporary Service to the Customer if the Customer fails to comply with the Rates, Rules and Regulations or applicable law, codes, guidelines, and standards; uses the Temporary Service for other than the intended purpose; or connects a power source without the Utility's prior written approval. 4. With the Utility's written approval, Temparary Service may be used for non-construction purposes provided Customer adheres to all applicable safety and construction codes. 5. After Application is fully completed, including payment of any applicable charges, the temparary meter will be installed within three (3) working days, subject to site conditions and following completion of all applicable permit approvals and inspections. C. 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 may accommodate the Customer in accordance with Rule No. 24. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2009-077 Dated: OS-19-09 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.14.1 Anaheim, CA 92805 RULE NO. 14 CONTINUITY AND QUALITY OF SERVICE A. QUALITY 1. The Utility does not warrant, expressly or impliedly, the quality, adequacy, safety, or other characteristics of the electricity and/or electric service provided by the Utility. 2. Variations in quality caused by a Customer shall be subject to other sections of the Rates, Rules and Regulations, including Rule No. 2. B. SHORTAGES, INTERRUPTIONS, SPIKES, OR SURGES L The Utility will exercise reasonable diligence: (a) to furnish a continuous and sufficient supply of electricity to its Customers; and (b) to minimize the occurrence of shortages, interruptions, spikes, surges, situations that affect the regional or local electric utility grid, and other electricity delivery problems. However, the Utility does not guarantee: (a) a continuous or sufficient electric supply; or (b) the absence of such conditions, which may affect the quality of the electricity provided. 2. The LJtility will not be liable regardless of its acts or omissions for (a) variations in the quality of electricity supplied or any damage or loss resulting therefrom; (b) the failure to supply a contir�uous or sufficient supply of electricity or any damage or loss resulting therefrom; or (c) damage or loss caused by shortages, interruptions, spikes, surges, situations that affect the regional or local electric utility grid, or other electricity delivery problems. 3. If the operations, repairs, or improvements of the Utility's electrical facilities, a contingency or an emergency results in interruption in the delivery of electricity to Customers, the Utility may provide notice of such interruption when such notice is reasonably possible. In the event that the Customer experiences three or mare sustained outages within a twelve (12) month timeframe, the Utility will prioritize the Customer's electric service for any required modifications. C. TEMPORARY SUSPENSION FOR REPAIRS OR IMPROVEMENTS 1. The Lltility, when making repairs or improvements to its system, shall have the right to suspend temporarily the delivery of electricity; however, whenever reasonably practicable, the Utility will provide notice thereof to affected Customers and will complete the repairs or improvements expeditiously to minimize any Customer inconvenience as consistent with prudent utility practices. 2. In the event that the Utiliry fails to notify the Customer of a planned outage when such notice is reasorlably possible, or the Utility is unable to keep a specified service appointment with a Customer resulting in delays to construction or engineering services, the Customer may be accommodated in accordance with Rule No. 24. D. APPORTIONMENT OF SUPPLY DURING TIME OF SHORTAGE Should a shortage of supply ever occur, the Utility will apportion its available supply of electricity among its Customers as authorized or directed by the Public Utilities General Manager. This determination shall be at the Public Utilities General Manager's discretion based on public health, safety, and welfare considerations. The decision of the Public Utilities General Manager shall be final in such matters. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 93R-46 Dated: 03-09-93 General Manager