RES-2008-181RESOLUTION NO. 2008 -1 81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS
FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS
ORIGINALLY ADOPTED BY RESOLUTION NO. 71R-478 AND
MOST RECENTLY AMENDED BY RESOLUTION NO.
2008R -067.
WHEREAS, the City of Anaheim (Anaheim) maintains an electric transmission and
distribution system for the furnishing 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 authorized the City Council to approve
reasonable Electric Rates, Rules, and Regulations governing electric services and fees for providing
electric services; and
WHEREAS, Anaheim established Rule 12 of the Electric Rates, Rules and
Regulations when it completely revised its Rates, Rules and Regulations for the sale and distribution
of electricity by Resolution 71R -478, to define how rates options shall be communicated to
customers and under what circumstances rate schedule changes shall be made; and
WHEREAS, the proposed modification and additions to Rule 12 of the Electric Rates,
Rules and Regulations are consistent with Resolution 2006 -188 which authorized and implemented
developmental rate schedules which are temporary and experimental in nature and require close
monitoring as such developmental rate schedules may require that changes to non -cost components
be made somewhat more frequently based on participant information and to maintain a rate
schedule's relevance as technology, market, or regulatory conditions change; and
WHEREAS, the Public Utilities Board considered the requirements of the California
Environmental Quality Act and found that matters covered above come within Section 21080 (b) (8)
of the Public Resources Code of the State of California. Thus, the modifications and additions to
Rule 12 of the Electric Rates, Rules and Regulations are statutorily exempt from the California
Environmental Quality Act; and
WHEREAS, the Public Utilities Board considered and recommended the proposal
of the Public Utilities Department to revise Rule 12 of the Electric Rates, Rules, and Regulations by
modifying and updating the Rule; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board of
the City of Anaheim recommended to the City Council that the Council adopt the findings of the
Public Utilities Board with respect to the matters contained herein and adopt the amendments to the
Electric Rates, Rules, and Regulations as shown in Attachment A; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board of
the City of Anaheim recommended to the City Council that the Council, by Motion, certify that the
adoption of the modified and updated Rule 12 of the Electric Rates, Rules, and Regulations is
statutorily exempt under the California Environmental Quality Act, Public Resource Code, Section
21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a);
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:
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 2 R t h day of October 2008, by the following roll -call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY CLERK OF THE CITY OF ANAHEIM
70558.4
1. The findings set forth herein are hereby adopted by the City Council of the
City of Anaheim.
2. The amendments, modifications, and additions to 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 and shall be effective October
28, 2008.
3. The 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.
CITY 0 AHEIM
MAYOR OF THE CITY ANAHEIM
CITY OF ANAHEIM ELECTRIC RATES, RULES Attachment. A
Utilities Financial Services AND REGULATIONS
20] S. Anaheim Blvd. Page No. 3.12.1
Anaheim, CA 92805
RULE NO. 12
RATES, OPTIONAL RATES, AND DEVELOPMENTAL RATE SCHEDULES
A. EFFECTIVE RATES
The rates charged by the Utility for electric service are those on file with the Public Utilities General
Manager, City of Anaheim, and legally in effect. A copy of complete tariff schedules, as filed with the
Public Utilities General Manager, shall be maintained for public inspection at APU.
13. OPTIONAL RATES
1. Where there are two or more rate schedules, rates, or optional provisions applicable to the class of
service requested by the applicant, the Utility or its authorized employees will call applicant's
attention, at the time application is made, to the several schedules, and the applicant must
designate which rate schedule, rate, or optional provision is desired. When the customer notifies
the Utility of any material change in the size, character, or extent of the customer's metered
equipment or operations, in accordance with Section C of Rule No. 3, the Utility will, within a
reasonable time, advise the customer of the resulting rate options. In the absence of the
notification provided for in Section C of Rule No. 3, the Utility assumes no responsibility for
advising the customer of lower optional rates under other existing schedules. rates, or optional
provisions available as a result of the customer's changes in equipment or operations.
2. When an applicant for new service has applied for service under a mutually agreed upon rate
schedule, the rate schedule will remain in effect for a minimum of three billing periods to
determine the accuracy of the application of the rate.
C. DEVELOPMENTAL RATE SCHEDULES
1. Developmental rate schedules are contained in the Electric Rates, Rules and Regulations. A
developmental rate is an optional rate for customers that meet the criteria established in. the
Applicability and Special Conditions sections of the specified developmental rate schedule. A
developmental rate schedule is temporary and generally closes once a permanent rate schedule is
effective. If a customer determines that a developmental rate schedule is not beneficial or is
otherwise undesirable, the customer may choose an otherwise applicable tariff offered by APU
subject to applicable limitations or otherwise applicable Rates, Rules and Regulations.
ISSUED BY:
Marcie L. Edwards
General Manager
2. In those instances where the Public Utilities General Manager, at his or her sole discretion, is
granted the requisite authority, the Public Utilities General Manager may immediately suspend a
developmental rate schedule to new customers and /or suspend a developmental rate schedule to all
customers (hereinafter actions). The Public Utilities General Manager shall ensure that
applications for developmental rate schedules include notification of the suspension provisions. In
order to suspend a developmental rate schedule to existing customers under that schedule, the
Public Utilities General Manager shall provide written notice of the following: 1) the
developmental rate schedule shall be suspended effective 10 calendar days from the date of the
written notice to the customer and the customer's account shall be transferred to an otherwise
applicable tariff; 2) the time period of the suspension shall be no longer than 120 calendar days
from the date of the written notice after which either a) the developmental rate schedule shall be
amended and reinstated, or b) the developmental rate schedule shall be closed; 3) the estimated
impact, if any, on the customer's bill; and 4) once ascertained by APU, the affected customers
shall be notified of the date, time. and location of the meeting during which the City Council shall
consider the actions taken by the Public Utilities General Manager. At the earliest feasible City
Council meeting, the Public Utilities General Manager shall notify the City Council of the actions
taken and seek approval for such actions.
(Continued)
Effective: by Resolution No.: Dated:
Superseding Resolution No.: 89R -392 Dated: 09 -27 -89
CITY OF ANAHEIM ELECTRIC RATES, RULES Attachment A
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page. No. 3.12.2.
Anaheim, CA 92805
RULE NO. 12
RATES, OPTIONAL RATES, AND DEVELOPMENTAL RATE SCHEDULES
D. NEW OR REVISED RATES
Should new or revised rates be established after the time application is made, the Utility will, within a
reasonable time, use such means as may be practicable to bring them to the attention of those of its
customers who may thereby he affected.
E. CHANGE OF RATE SCHEDULE
1. A change to another applicable rate schedule, rate, or optional provision will be made where the
customer elects to make such change or where, in the opinion of APU, another rate schedule is
more applicable.
F. INTERCONNECTION
Unless otherwise stated in the rate schedule, the rate schedules of the Utility are applicable only for service
supplied entirely by the Utility without interconnection with any other source of supply, except that
interconnection may be double -throw switch where necessary to meet the minimum requirements for
emergencies.
ISSUED BY:
Marcie L. Edwards
General Manager
Should a customer so elect, the change will be made provided:
a. A change has not been made effective during the past twelve -month period; or
b. The change is made to, or from, a new or revised rate schedule; or
c. There has been a change in the customer's operating conditions for that service which, in
the opinion of the Utility, justifies the change; and
d. The change is not made more often than once in twelve months where service is being
supplied under a schedule containing an annual fixed charge or an annual minimum
charge; and
e. The customer has made the request by written notice to the Utility.
3. The change will become effective for the billing period during which the customer has requested
the change and is not subject to a retroactive adjustment except when such change is the result of a
utility error, in accordance with Rule 17, C.1.
Effective: by Resolution No.: Dated:
Superseding Resolution No.: 89R -392 Dated: 09 -27 -89