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RES-2021-013 RESOLUTION NO. 2021- 013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS, WHICH DO NOT INCREASE RATE- RELATED REVENUES, FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R- 478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2020-019 AND DETERMINING THAT SAID ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA)PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(B)(8) AND SECTIONS 15061(B)(3) AND 15273(A) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. 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 the Electric 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 Electric Rates, Rules and Regulations for electric services,which are provided by the Anaheim Public Utilities Department ("APU"); and WHEREAS,the APU 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, in support of the foregoing, APU staff reviewed and recommends modifications to the Introduction Page and Rule Nos. 3, 4, 14, and 23 of the Electric Rates, Rules and Regulations; and WHEREAS, it is reasonable and appropriate to modify the Electric Rates, Rules and Regulations,as set forth in Attachment A,to enhance APU's ability to offer customer benefits; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act (CEQA) and found that the proposed modifications to the Electric Rates, Rules and Regulations,as set forth in Attachment A,come within Public Resources Code section 21080(b)(8)and Title 14 of the California Code of Regulations, sections 15061(b)(3) and 15273(a). Thus,these modifications are exempt from CEQA; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended that the City Council determine that the modifications to the Electric Rates, Rules and Regulations are exempt under CEQA, Public Resources Code section 21080(b)(8) and Title 14 of the California Code of Regulations, sections 15061(b)(3) and 15273(a); and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended that the Anaheim City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt the modifications to the Electric Rates, Rules and Regulations, as reflected in Attachment A, all of which are on file with the Office of the City Clerk; and WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth hereinabove. NOW,THEREFORE BE IT RESOLVED by the Anaheim City Council as follows: 1. The findings set forth herein are hereby adopted by the Anaheim City Council. 2. The Anaheim City Council hereby determines that, in accordance with CEQA and the State CEQA Guidelines, the modifications to the Electric Rates, Rules and Regulations, as reflected in Attachment A, are exempt from CEQA pursuant to Public Resources Code section 21080(b)(8) and sections 15061(b)(3) and 15273(a) of Title 14 of the. California Code of Regulations, because it can be seen with certainty that there is no possibility that the proposed modifications will have a significant effect on the environment as the modifications are primarily administrative in nature. 3. The Anaheim City Council hereby adopts the modifications to the Introduction page and Rule Nos. 3, 4, 14, and 23 of the Electric Rates, Rules and Regulations as reflected in Attachment A. These modifications shall be effective March 1, 2021. 4. The Anaheim Public Utilities General Manager is hereby authorized and directed to prepare, promulgate, publish, and implement 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 1 6th day of February , 2021,by the following roll call vote:. AYES:Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil NOES:None ABSENT: None ABSTAIN:None CITE OF ANAHEIM L . 'A le' • T. ETY A EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 141248 Attachment A Electric Rates, Rules and Regulations Introduction Page and Rules effective March 1, 2021 CITY OF ANAHEIM ELECTRIC RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No. 1 Anaheim,CA 92805 TARIFF SCHEDULES APPLICABLE TO ELECTRIC SERVICE OF CITY OF ANAHEIM ELECTRIC UTILITY POST OFFICE BOX 3222 ANAHEIM,CALIFORNIA 92803 The City of Anaheim is a charter city of the State of California. The tariff schedules are established in accordance with the requirements of Section 1221 of the Charter of the City of Anaheim and State Law. These tariff schedules also set forth the Electric Utility's rules,regulations,terms, and conditions governing electric service.The following tariff schedules have been approved by resolution by the City Council of the City of Anaheim and are the effective rates and rules of the Electric Utility. The City Council of the City of Anaheim may amend or cancel these rates and rules by resolution. The Public Utilities Board conducts public hearings and makes recommendations to the City Council pertaining to the Electric Utility, including modifications to these rates and rules. No official or employee of the City of Anaheim or the Electric Utility has any authority to waive, alter, or amend these tariff schedules or any part thereof in any respect,except in the manner provided herein. Applicants for service and customers must conform to and comply with these tariff schedules. For inquiries, contact Anaheim Public Utilities at (714) 765-3300 or in writing at P.O. Box 3222, Anaheim, CA 92803. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 89R-392 Dated: 09-27-89 General Manager 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: 02-01-13 by Resolution No.: 2013-002 Dated: 01-15-13 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 requests to expedite the establishment of Service, the Utility may fulfill the request on the same day or after the Utility's regular service establishment hours to the extent resources are available. In such cases, an additional charge will be assessed on the Customer in the amounts set forth in Rule No.23. 4. The service establishment charge is only applicable to Customers of the Utility whose service is directly metered by the Utility. 5. 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. 6. 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, Income-Qualified Long- Term Disabled, or Income-Qualified Military Veteran 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. 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. E. TEMPORARY WAIVER OF CHARGES OR APPLICATION OF BILL CREDITS DUE TO DECLARED EMERGENCIES 1. In the event an emergency or local emergency,as those terms are defined in the Government Code,as amended, or Anaheim Municipal Code,as amended,is proclaimed or declared by the City Council or other governing body vested with the authority to make such a proclamation or declaration, the General Manager may,subject to the Utility's financial ability,authorize the Utility to: a. Waive or defer any portion of fees or charges, including associated administrative charges, relating to an affected Customer's electric service, service connection, and/or Temporary Service;and/or b. Apply bill credits to provide temporary relief to Customers. 2. If an existing residential structure is totally destroyed or partially damaged during one of the emergencies referenced in E.1 above,the Utility may provide partial service restoration at no charge to the existing property owner Applicant, if the Planning and Building Department,Fire and Rescue Department, and/or Utility determine that partial service restoration will not result in further damage to Utility equipment/facilities or that residential structure or adjacent structures: 3. The Utility shall expedite requests for plan check reviews and schedule service connections, to the extent feasible,subject to the quantity and frequency of such requests. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.:2018-021 Dated: 02-27-18 General Manager CITY OF ANAHEIM ELECTRIC RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No. 3.4.1 Anaheim,CA 92805 RULE NO.4 DEFERRED PAYMENT ASSISTANCE Subject to the requirements of this Rule, any Customer may request deferred payment assistance ("Deferred Payment Assistance")with the payment of the electric services portion of their Utility bill when Customer is unable to pay by the due date.For eligible Customers,Deferred Payment Assistance may be in the form of either an extension of the payment due date or a monthly installment plan. A. Extension 1. If a Customer requests an extension to pay the electric services portion of their Utility bill, the Utility may extend the due date by ten(10)calendar days beyond the printed due date on a Customer's past due notice.At its discretion, the Utility may grant extensions beyond ten (10) calendar days, provided Customer meets the creditworthiness requirements set forth in Rule No.6-A.Notwithstanding the Utility's approval of an extension, Customer will still be subject to late payment charges. In addition to any requirements set forth above, the Utility shall only grant an extension if all of the following conditions are met: (a) Customer is not in default of any previous Deferred Payment Assistance obligations;and (b) No part of the charges on the bill subject to the extension request is the result of a Diversion as defined in Rule No.6. 2. An extension temporarily suspends the termination of electric services for the length of the extension granted. If, however, Customer fails to pay their bill by the extended due date, the Utility may proceed to terminate Customer's electric service. (Continued) ISSUED BY: Effective: 02-01-16 by Resolution No.: 2016-006 Dated: 01-12-16 Dukku Lee Superseding Resolution No.: 71R-478 Dated: 10-26-71 General Manager CITY OF ANAHEIM ELECTRIC RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No. 3.4.2 Anaheim,CA 92805 RULE NO.4 DEFERRED PAYMENT ASSISTANCE B. Installment Plans 1. In the alternative to the extensions described above, Customer may request to defer payment of the electric services portion of their Utility bill through a Utility-approved monthly installment plan("Plan").A Customer may make such a request for monthly or bi-monthly billed accounts. Subject to restrictions set forth herein,the Utility may approve a Plan for past due amounts on active accounts once a year for no more than a twelve(12) month period. Additional Plans may be approved by the Utility at its discretion.Notwithstanding the Utility's approval of a Plan,Customer will still be subject to late payment charges. In addition to any requirements set forth above, the Utility shall only approve a Plan if all of the following conditions are met: (a) Customer is not in default of any previous Deferred Payment Assistance obligations; (b) No part of the charges subject to the Plan request is the result of a Diversion as defined in Rule No.6;and (c) Customer executes and provides the Utility a Plan in a form approved by the Utility. 2. If the Utility approves a Plan,the Customer shall(a)make Plan payments as required by the Plan;and(b)keep Customer's account current as charges accrue for future electric services in each subsequent billing period. A Plan temporarily suspends the termination of electric services so long as Customer complies with the foregoing requirements. Further, Plan approval does not prevent termination for past due amounts for future electric services. Any failure to pay charges accrued for future electric services in subsequent billing periods shall subject Customer's electric service to termination as provided in these Rates,Rules and Regulations. In the event Customer fails to comply with the Plan,the Utility may proceed to terminate Customer's electric service and commence the termination process;however,the Utility shall not terminate electric service without first giving notice to the Customer at least forty-eight(48)hours prior to termination.This notice shall set forth the conditions the Customer is required to meet to avoid termination. 3. For a bi-monthly billed account,the Utility shall convert a Customer's account to a monthly billed account for a minimum of twelve(12)months. This requirement is in addition to those requirements set forth in Section B.2 above. Upon Customer's successful completion of both the Plan and the Utility-required twelve (12) month billing cycle(s),Customer may request to be returned to bi-monthly billing for the upcoming billing cycle. C. Those Customers, who elect to receive electronic paperless bills and make automatic electronic payments (e.g., Automated Clearing House),may,at the Utility's discretion,receive a one-time bill credit issued after their election in an amount set forth in Rule No.23. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2017-068 Dated: 04-25-17 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 1. 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 Utility 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 continuous 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 more sustained outages within a twelve(12)month timeframe,the Utility will prioritize the Customer's electric service for any required modifications. 4. In the event that Utility-owned electric facilities or equipment are the sole cause of an unscheduled • electrical outage lasting more than eight(8)consecutive hours,the Public Utilities General Manager may, at his or her discretion and subject to the Utility's financial ability, provide a courtesy bill credit. Such courtesy bill credit does not constitute admission of fault or liability for damages resulting from the unscheduled electrical outage. Courtesy bill credits will not be provided for outages caused by natural disasters,the actions of a Customer or other members of the public,the failure of Customer-owned electric facilities or equipment,or other circumstances in which Utility- owned electric facilities or equipment are not the sole cause of the outage. C. TEMPORARY SUSPENSION FOR REPAIRS OR IMPROVEMENTS 1. The Utility, 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 Utility fails to notify the Customer of a planned outage when such notice is reasonably 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.: 2019-038 Dated: 04-16-19 General Manager CITY OF ANAHEIM ELECTRIC RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No. 3.23.1 Anaheim,CA 92805 RULE NO.23 CUSTOMER SERVICE FEES AND CREDITS Applicability Applicable to all Classes of Service. Rule Number Description Fee/Credit Amount 3 Service Establishment Charge $10.00 3 Same Day Service Establishment(Additional Charge) $35.00 3/11 After Hours Service Establishment or Reconnection $60.00 (Additional Charge) 4 Paperless and Automatic Electronic Payment $10.00 Enrollment Credit 7 Minimum Deposit $100.00 7 Minimum Diversion Deposit Residential service $100.00 Non-residential service An amount equal to calculated deposit 9 Returned Check Charge(Item Handling Fee) In accordance with Anaheim's Municipal Code 11 Reconnection Charge $20.00 11 Reconnection Charge-Underground Service or Poletop Labor&Material 11 Investigation Charges $70.00 minimum 11 Damaged Steel Locking Ring $12.00 11 Damaged Aluminum Meter Ring $3.00 16 Repair or Replace Damaged Meter Labor&Material 16 Rescheduled Meter Read Charge $25.00 17 Billing Error Courtesy Credit $25.00 17 Meter Test Labor&Material 24 Missed Appointment Courtesy Credit Up to$50.00 ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2019-038 Dated: 04-16-19 General Manager CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2021-013 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of February, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of February, 2021. iiiimno CITY CLERK OF THE CITY OF ANAHEIM (SEAL)