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HomeMy WebLinkAbout736 - Ordinances ORDINANCE NO. 736 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING A NEW CHAPTER 3.46 WITHIN TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ELECTRIC RULES AND RATES SCHEDULES AND RELATED REGULATIONS. A. RECITALS. (i) The City Council of the City of Rancho Cucamonga established a municipal utility on August 31, 2001. The City has subsequently undertaken the actions necessary or desirable to obtain electric power from generating and/or wholesaling sources and to distribute the acquired electric power to retail customers within the City. The City Council has determined that the adoption and thereafter, the enforcement of a tariff, in the form the drafted Electric Rules and Rate Schedules is necessary to further the orderly distribution of the electric power to the City's retail customers. (ii) The City has prepared comprehensive Electric Rules and Regulations which serve to both establish the duties and obligations of City and its retail electric customers and to establish the standards attendant to the provision of electricity by the City. Finally the enactment establishes the authority of City to establish the fees for power and services and adopt the same, from time to time, by resolution. (iii) The City Council has assured itself that the fees reflect the City's reasonable and prudent costs for such an enterprise and do not establish unfair, unreasonable or excessive rates that exceed the City's reasonable costs of doing business. (iv) The City Council has reviewed the adoption of this Ordinance pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the adoption of the Electric Rules and Regulations has no foreseeable potential to result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the adoption of the fees is exempt from substantive environmental review under Section 15273 of the State CEQA Guidelines as no capital projects for system expansion are included in the proposed action.. Ordinance No. 736 Page 2 of 3 (v) On October 20, 2004, the City Council conducted a duly noticed public hearing concerning the adoption of this Ordinance. Prior written notice was provided to the owner(s) of the affected private roads, and owner(s) and operator(s) of the affected off-street parking facilities, as required by law. (vi) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby ordains as follows: SECTION 1. All facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. A new Chapter 3.46 titled "Electric Rules and Regulations" shall be added to Title 3 of the Rancho Cucamonga Municipal Code, which shall read, in words and figures as is set forth in Attachment 1, which is hereby incorporated by reference as if fully set forth herein. SECTION 3 The fees attendant to and arising under this Ordinance, either directly or indirectly, shall be adopted by separate resolution of this City Council and may be amended from time to time thereafter. SECTION 4 Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 5 The City Clerk shall certify to the adoption of this Ordinance. Please see the following pages for formal adoption, certification and signatures Ordinance No. 736 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 3r~ day of November 2004 AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None W1~ham J.,~ander, M~or A'I-rEST: 6c: bra J. Ada ds¢/, CM( , City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 20~h day of October 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day of November of 2004. Executed this 4th day of November of 2004, at Rancho Cucamonga, California. Debra J. Ad~,, CMC,'"City Clerk General Provisions 1 Rule 1 - Adoption of Electric Rules and Definitions 2 Rule 2 - Description of Electric Service 9 Rule 3 - Application for Service 21 Rule 4 - Contracts 23 Rule 5 - Special Information Required on Forms 24 Rule 6 - Establishment and Re-establishment of Service 26 Rule 7 - Deposits and Service Turn-On Charge 27 Rule 8 - Notices 29 Rule 9 - Rendering and Payment of Bills 30 Rule 10 - Disputed Bill Appeal Process 32 Rule 11 - Discontinuance and Restoration of Service 34 Rule 12 - Rates and Optional Rates 38 Rule 13 - Temporary Service 43 Rule 14 - Shortage of Supply and Interruption of Delivery 44 Rule 15 - Line Extensions 46 Rule 16- Service Extensions 54 Rule 17 - Adjustment of Bills and Meter Tests 68 Rule 18 - Supply to Premises and Resale 72 Rule 19- Utility's Right of Access 74 Rule 20 - Temporary Turn-on and Turn-off of Electric Service for Repair 75 Rule 21 - Energy Diversion 76 Appendix A - Electric Fees and Charges Schedule 77 Appendix B - Electric Rates and Tariffs 78 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES A. Applicability of Electric Rules and Rate Schedules These Rules apply to the electric service area of the Utility, except as may be otherwise provided or prescribed by the City Council. The Director of Utilities/City Engineer or his designee shall interpret the rates and roles. In the event of any dispute or disagreement regarding interpretation of Rules or Rates, the City Council shall determine the applicability of the Rule or Rate in question. Any person desiring to appeal electric fees, charges and/or requirements, other than charges for monthly service and usage, shall submit a letter of appeal to the Director of Utilities/City Engineer. The appeal will be reviewed by the Director and staff and will be scheduled to be considered by City Council. Any person disputing a monthly service bill must follow Rule 10, Disputed Bills Appeal Process. B. Special Conditions of Service The Director of Utilities/City Engineer or his designee may establish and enforce charges for furnishing electricity to any installation of a character not adequately provided for by these Rates and Rules, provided that such charges shall be consistent with established rates and charges. Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES These Electric Rules established by the City Council are effective throughout the service ama of the Electric Utility. They am subject to the following provisions and definitions: A. All roles are subject to change. Copies of the rules currently in effect will be kept in the office of the Utility. Customers or others contemplating any expenditures or activities governed by these roles should assure themselves that they have the current version by contracting the Utility. B. For the propose of these roles and rate schedules, the terms and expressions listed below shall have the meanings set forth as follows: Added Facilities: The facilities provided by the Utility at the request of the Customer which are over and above the Utility's standard facilities. See Rule 2.H. Applicant: A person requesting RCMU to supply or deliver electric service and who will be responsible for all related charges. Application: A written request to the Utility for electric service as distinguished from an inquiry as to the availability or charges for such service. Billing Demand: The load or demand, measured in kilowatts, used for computing charges under Rate Schedules based on the size of the Customer's load or demand. It may be the connected load, the measured maximum demand, or a modification of either as provided for by the applicable Rate Schedule. Billing Period: The time interval between two consecutive Meter readings that are taken for billing purposes. Certified Renewable Resource Provider: A renewable resource provider who has obtained certification from the State of California. City: Rancho Cucamonga, California. The City is responsible for the management and operation of the Utility on behalf of the residents and businesses of the City of Rancho Cucamonga. City Council: City Council of the City of Rancho Cucamonga, California. Class of Service: Different classes of electric utility service are: General Lighting, Multiple- Phase Lighting, Combination Lighting and Power, Emergency Lighting, Single-Phase Power, Polyphase Power, Welding, X-ray, Fire Pump, Fire Alarm, and Stand-by Power (permitted only where stand-by and normal circuit conductors are in separate raceways and enclosures). Commercial Developments: Consist of two (2) or more enterprises engaged in trade or the furnishing of services; e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes. 2 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Completed Application: An Application that satisfies all of the information and other requirements of the Tariff Schedules, including any required deposits. Connected Load: The sum of the rated capacities of all of the Customer's equipment that can be connected to the Utility's lines at one time, as more fully described in the applicable Rate Schedules. Customer: The person in whose name service is rendered as evidenced by the signature on the Application, contract, or agreement for that service or, in the absence of a signed instrument, by the receipt and payment of bills or Summary Bills regularly issued in his or her name regardless of the identity of the actual user of the service. A Customer may also be a party with whom the Utility is doing business with or without a billing relationship. Customer's Mailing Address: The address specified in a Customer's Application or contract, or any other address subsequently given to the Utility by the Customer, to which any notice, bill or other communication is to be Mailed. Date of Presentation: The date upon which a bill or notice is Mailed, or delivered by the Utility, to the Customer. Director: Director of Utilities/City Engineer of the City of Rancho Cucamonga. Distribution Line Extension: New distribution facilities of the Utility that is a continuation of, or branch from, the nearest available existing permanent Distribution Line (including any facility rearrangements and relocations necessary to accommodate the Distribution Line Extension) to the point of connection of the last service. The Utility's Distribution Line Extension includes converting an existing single-phase line to three-phase in order to furnish three-phase service to an Applicant, but excludes service transformers, Meters and services. Distribution Lines: Overhead and underground facilities which are operated at distribution voltages. Distribution System: Those distribution facilities owned, controlled, and operated by the Utility that are used to provide distribution service under the tariffs. Edison: Southern California Edison Company. Electric Supply: Electric energy or power. Electronic TransfeE Paperless exchange of data and/or funds, usually involving computer and telecommtmication technology. Energy Diversion: Electricity being received by a Customer without registering through a meter due to either tampering with the meter or bypassing the meter. General Service: Service to any lighting or power installation except those eligible for service on street lighting, outdoor area lighting, residential, or stand-by schedules. Heating Service: Service to any apparatus employing the resistance of conductors to transform electric energy into heat. 3 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Hourly Metering: See Interval Metering HP: Horsepower. Independent System Operator (ISO): The California Independent System Operator Corporation, a nonprofit corporation that controls the transmission facilities of all participating transmission owners and dispatches certain generating units and loads. The ISO is responsible for the operation and control of the statewide transmission grid. Industrial Developments: Consist of two (2) or more enterprises engaged in a process which creates a product or changes materials into another form or product. Intermittent Service: Service which, in the opinion of the Utility, is subject to discontinuance for a time or at intervals. IntervalMetering: A metering device capable of recording minimum data required. Minimum data requirements may include 15-minute demand data required to bill the Utility's tariffs. kW: Kilowatt. kwh: Kilowatt- hour. Lighting Service: Service to any apparatus transforming electric energy into light for all visual purposes except those specified under Power Service. Line Extension: All facilities, excluding transformer, Service Connection and Meter, required to extend electric service from the Utility's existing permanent facilities to the Point of Delivery to the Customer. Mailed: Any notice or other communication will be considered "Mailed" when sent by electronic transfer or when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office box, postage prepaid. Maximum Demand: The average kilowatts during the specified time interval when the Customer's use is greatest in the billing period as indicated or recorded by the Utility's Meter. Meter: The instrument used for measuring the electricity delivered to the Customer. Meter Data Management Agent (MDMA): the entity that takes raw meter outputs, validates them using validation, editing and estimating rules, adds corollary information needed to characterize the customer, and rmkes complete customer information available to others for use in various applications. Metering Facilities: The necessary meter, instrument transformers, test facilities, data communication equipment, and other associated metering equipment. Meter Service Provider (MSP): the entity that installs, validates, registers, and maintains the physical meter required on a premise to measure the required variables. Meter Systems: the meter, the meter reading system/and the meter data management server. 4 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Multiple Occupancy Building: A building of multiple occupancy provided with continuous outer wall construction including, but not limited to, apartments, condominiums, townhouses and commercial buildings. Municipal Service: Utility services supplied to any municipal entity. Nominal Voltage: The Nominal Voltage of a circuit is the approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation. For any specific Nominal Voltage, the operating voltage actually existing at various points and at various times on the system is subject to normal distribution variation. Otherwise Applicable Tariff (OAT): The Utility rate schedule that would otherwise apply to the Customer from time to time for electrical services to the premises. Paid or Payment: Funds received by Utility through postal service, Utility payment office, Utility authorized agent, or deposited in Utility account for Electronic Transfer. Permanent Service: Service which, in the opinign of the Utility, is of a permanent and established character. This may be continuous, intermittent, or seasonal in nature. Person: Any individual, parmership, corporation, public agency, or other organization operating as a single entity. Point of Delivery: The point where conductors of the Utility are connected to the conductors of the Customer, regardless of the location of the Utility's Meters or transformers. Utility conductors may be owned, leased, or under license by the Utility, and the conductors of the Customer may be owned, leased, or under license by the Customer. Power Factor: The ratio of the revenue producing current in a cimuit to the total current in that cimuit. In terms of power quantities, power factor is the ratio of kW (real power) to the total kVA (total power). Power Service: Service to apparatus or equipment used for purposes other than lighting shall be considered as Power Service. Lamps or lights used for purposes which, in the opinion of the Utility, are not general illumination purposes are classed as Power Service, such as the following: motion picture projection, motion picture and television production, production of chemical reactions, sterilizing, drying, radiant heating, therapeutic, photographic processing, production of stimulating the growth or yield of agricultural products, pilot or indicating lights on power control equipment, and lighting used as an aid in the operation of a motor-driven production machine for the purpose of checking tool settings or dial readings, measuring or inspecting the product while on the machine, when the lamps are installed as an integral part of the machine and energized from its power supply. Premises: All of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, except in the case of industrial, resort enterprises, and public or quasi- public institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served. 5 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Property: A parcel of real property of record as shown in the County Assessor's maps on file in the Office of the County Assessor of San Bemardino County. Public Purpose Programs Charge: A non-bypassable surcharge imposed on all retail sales of electricity to fund public goods research, development and demonstration and energy efficiency activities. Public Utilities Commission: The Public Utilities Commission of the State of California. Pull Box: An enclosure for joining conductors which also provides by its size, arrangement, and location the necessary facilities for pulling the conductors into place. This term as used here includes structures also kmwn as "manhole," "hand hold," and "switch board pull section". Qualified Contracto~4Subcontractor (QC/S): An Applicant's contractor or subcontractor who: 1. Is licensed in California for the appropriate type of work such as, but not limited to, electrical and general; 2. Employs workmen properly certified for specific required skills such as, but not limited to, plastic fusion and welding. Electric workmen shall be properly qualified (qualified Electrical Worker, Qualified Person, etc.) as defined in State of California High Voltage Safety Orders (Title 8, Subchapter 5, Group 2); 3. Complies with applicable laws such as, but not limited to, Equal Opportunity regulations, OSHA and EPA. Qualified Customer: As determined by the Utility, those Customers having met the criteria and supplied the facilities for electric service under the Utility's Tariff Schedules and/or having special skills and equipment necessary to participate with the Utility in business services. Quasi-public Institutions: Public utilities, educational institutions, and hospitals, whether publicly or privately owned, where the property, campus or hospital grounds extend over relatively large areas through which public streets may nm. Rate Area: A specified area within which a Rate Scledule or Schedules apply. Rate Charges: Charges in the Rate Schedules may include the following: Added Facilities Charge: The fee collected by the Utility for the installation and use of Added Facilities equipment. Customer Charge: That portion of the charge for service which is a fixed amotmt without regard to Connected Load, demand, or energy consumption in accordance with the Rate Schedule. Demand Charge: That portion of the charge for service which varies with the Billing Demand in accordance with the Rate Schedule. 6 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Energy Charge: That portion of the charge for service which varies with the quantity of energy consumed in accordance with the Rate Schedule. Minimum Charge: The least mount for which service will be rendered in accordance with the Rate Schedule. Service Charge: That portion of the charge for service which is a fixed amount based on Connected Load in accordance with the Rate Schedule. Standby Charge: That portion of the charge for Standby Service which is a fixed mount based on the n~ximum load the Utility stands ready to supply in accordance with the Rate Schedule. Rate Schedule: May be one or more tariff pages setting forth the charges and conditions for a particular class or type of service at a given location. A Rate Schedule, as referred to herein, shall include all the wording on the applicable tariff page or pages, such as, but not limited to, the following: Schedule Number, Class of Service, Character or Applicability, Ten/tory, Rates, Conditions, and reference to Rules. Rules: Tariff pages which set forth the application of all rates, charges and service when such applicability is not set forth in and as a part of the Rate Schedules. Scheduling Coordinator (SC): An entity certified by the Federal Energy Regulatory Commission that acts as a go-between with the ISO on behalf of generators, supply aggregators (wholesale marketers), retailers, and customers to schedule the supply and consumption of electricity. Service Wires or Connection: The group of conductors, whether overhead or underground, necessary to connect the service entrance conductors of the Customer to the Utility's supply line, regardless of the location of the Utility's Meters or transformers. An overhead service connection, sometimes referred to as a "service drop," is the group of conductors between the Customer's building or other permanent support and the Utility's adjacenf pole. Service Extension: Consists of the service wires or connections as above defined. Single Enterprise: A separate business or other individual activity carried on by a Customer. The term does not apply to associations or combinations of Customers. Small Customer/Applicant: Applicants for service and customers served under Domestic Rate Schedules and Schedules SC, AL-2, LS-3,, and TC- 1. Small Commercial Customer. Customers served under Schedules GS-1, TOU-GS-1, and TOU- EV-3. Standby Service: Service supplied to Customers who normally obtain their power requirements from sources other than the Utility. Under this service, the Utility provides a permanent Service Connection to supply the Customer's contracted load in accordance with the provisions of the standby schedule. 7 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Street Lighting Service: Service to any lighting apparatus used primarily for the illumination of streets, alleys, highways, or other public ways. Summary Bill: A Customer account statement that includes charges for multiple service accounts. Tariff Schedules: The entire body of effective rates, rentals, charges, and Rules collectively of the Utility, as set forth herein, and including title page, preliminary statement, Rate Schedules, lists of contracts and deviations, Rules and sample forms. Temporary Service: Service for enterprises or activities which are temporary in character or where it is known in advance that service will be of limited duration. Service, which in the opinion of the Utility, is for operations of a speculative character or the permanency of which has not been established, also is considered Temporary Service. Tract or Subdivision: An area for family dwellings which may be identified by filed subdivision plans or as an area in which a group of dwellings may be constructed about the same time, either by a large scale builder or by several builders working on a coordinated basis. Utility: Rancho Cucamonga Municipal Utility (RCMU). Utilities Administrative Resource Manager: Utilities Administrative Resource Manager appointed by the Director of Utilities/City Engineer or his/her designee. Utility Operating Convenience: The term refers to th: utilization, under certain circumstances, or facilities or practices not ordinarily employed which contributes to the overall efficiency of Utility operations; it does not refer to Customer convenience nor to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules or regulations, or similar requirements of public authorities. Violence: Types of Violence are to include, but are not limited to death or injury with a weapon, inflicting bodily harm, allowing animals to attack, physically detaining an employee against his/her will, and/or tearing employee's clothing. X-ray Service: Service to any apparatus transforming electric energy into radiation similar to light but having wavelengths fi.om .0006 to 2 angstroms. Zone: Zones are defined by zip code for purposes of establishing discretionary service fees. 8 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 2 o E)® crip ic of E ec ric $ rvic A. General. 1. The character of service available at any particular location should be ascertained by inquiry at the Utility's office. 2. The Rate Schedules included herein are applicable to both electric service and Utility services provided beyond the Utility's Point of Delivery. 3. The Rate Schedules included herein are applicable for service where the Customer purchases its entire electrical requirements from the Utility, except where such schedules specifically provide otherwise, and are not applicable where a part of the Customer's electrical requirements are supplied from some other SOurce. 4. The Rate Schedules included herein are only applicable for service provided from underground distribution facilities, except where schedules specifically provide otherwise. 5. Alternating current service of approximately 60-cycle frequency will be supplied. 6. Voltages referred to in the Tariff Schedules are nominal voltages. 7. Each service shall have a service main disconnecting device with an ampere rating equal to or less than the ampere rating of the underground pull section and the service conductors. The total ampere rating of the service main disconnecting devices including taps to underground pull section shall be equal or less than the ampere rating of the service conductors. B. Phase and Voltage Specifications. 1. Customer Service Voltages. a. Under all normal load conditions, distribution circuits will be operated so as to maintain secondary service voltage levels to Customers within the voltage range specified below: Maximum Service Maximum Service Nominal Two- Wire and Multi- Minimum Voltage to Voltage on Voltage on Wire Service All Services Residential and Agricultural and Commercial Industrial Voltage Distribution Circuits Distribution Circuits 120 114 120 126 208 197 208 218 240 228 240 252 277 263 277 291 480 456 480 504 9 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES b. Exceptions to Voltage Limits. Voltage may be outside the limits specified when the variations: (1) Arise from the temporary action of the elements. (2) Are infrequent momentary fluctuations of a short duration. (3) Arise from service interruptions. (4) Arise from temporary separation of parts of the system from the main system. (5) Are from causes beyond the control of the Utility. 2. Customer Utilization Voltages. a. All Customer-owned utilization equipment must be designed and rated in accordance with the following utilization voltag:s specified by the American National Standard C84.1 if Customer equipment is to give fully satisfactory performance. Nominal Utilization Minimum Utilization Maximum Utilization Voltage Voltage Voltage 120 110 125 208 191 216 240 220 250 277 254 289 480 440 500 b. The difference between service and utilization voltages is allowances for voltage drop in Customer wiring. The maximum allowance is 4 volts (120 volt base) for secondary service. c. Minimum utilization voltages from American National Standard C84.1 shown for Customer information by the Utility has no control over voltage drop in Customer's wiring. d. The minimum utilization voltages shown in a. above, apply for circuits supplying lighting loads. The minimum secondary utilization voltages specified by American National Standard C84.1 for circuits not supplying lighting loads by 90 percent of nominal voltages (180 volts on 120 volt base) for normal service. e. Motor used on 208 volt systems should be rated 200 volts or (for small single-phase motors) 115 volts. Motors rated 230 volts will not perform satisfactorily on these systems and should not be used. Motors rated 220 volts am no longer standard, but many of them were installed on existing 208 volt systems on the assumption that the utilization voltage would not be less than 187 volts (90 percent of 208 volts). 10 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 3. Single-phase Service. a. General. Minimum Load Maximum Load Voltage Required Allowed 1-15 amp and 1-20 amp 120 volts None branch circuit 120/240 or 240 volts None 400 amp main switch 240/480 volts 15kVA 200 amp main switch 2,400 volts or over Varies with location 40 amp main switch b. The maximum size 120 volt single-phase motor allowed is 1 hp and the maximum size 240 volt, or higher voltage, single-phase motor allowed is 10 bp. c. Single-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified above provided the approval of the Utility has been first obtained as to the number and size of switches, circuits, and related facilities. 120/240 volt installations will be supplied by one of the following methods as determined by the Utility. (1) From two or three separate 120/240 volt service connections at one location. Energy so supplied will be totalized for billing purposes. The connected load on any service connection shall not be greater than twice that on any other service connection. (2) From one 120/240 volt connection where the proposed main service switch does not exceed 600 amperes capacity. d. Where RCMU maintains four-wire wye-connected 120/208 volt secondary mains, single-phase service is supplied at 120/208 volts, three-wire, for which the maximum allowed is a 200-ampere main switch. Loads in excess ora 200- ampere main switch will be supplied at 120/208 volts, four-wire. 4. Three-phase Service a. General Minimum Maximum Main Maximum Switch Capacity Voltage ' Connected Load Demand Allowed Required Allowed 240 volts 3 kVA 1,000 kVA 4,000 Amperes 277/480 volts 25 kVA 3,000 kVA 4,000 Amperes 2,400 volts or Varies w/location 12,000 kVA 3,000 Amperes 4,160 volts 12,000 volts or Varies w/location 30,000 kVA Not Specified 16,500 volts Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES b. Where three-phase service is supplied from a four-wire wye-connected 120/208 volt service, the maximum demand allowed is 1,000 kVA. c. Service to all loads of 1,000 kVA maximum demand, or over, must be approved by the Utility as to adequacy of facilities for service. d. Loads on three-phase service must be balanced between phases in accordance with good engineering practice. e. Three-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified above provided approval of the Utility has first been obtained as to the number and size of switches, circuits and related facilities. Such service will be supplied from two or three separate service connections at one location. Energy supplied in this manner will be totalized for billing purposes. The loads will be balanced as closely as practicable between the services. 4. Combined Single-phase Service and Three-phase Service. a. Service may be supplied at 120/208 four-wire wye-connected where the Utility does not maintain four-wire secondary poly-phase mains provided: (1) written application is made for such service by the Customer; (2) the Customer's load is of such a size as to require an individual transformer installation of not less than 15kVA of transformer capacity; and (3) a Customer provides space acceptable to the Utility on this premises to accommodate the installation of the Utility's facilities when, in the opinion of the Utility, such space is considered necessary. b. In underground areas where the Utility maintains 120/208 volt or 240 volt three-phase mains, service may be supplied at 277/480 volts, four-wire provided: (1) written application is made for such service by the customer, and (2) the customer provides space acceptable to the Utility on his premises to accommodate the installation of the Utility's facilities when, in the opinion of the Utility, such space is considered necessary. c. The maximum demand allowances for combined single-phase and three- phase are as set forth in B.3 above. 5. At the option of the Utility, the above voltage and phase specifications may be modified because of the service conditions at the location involved. C. Motor Protection and Equipment. Customer's motor equipment must conform to the following requirements: 1. Motors that cannot be safely subjected to full rated voltage on starting or that drive machinery of such a nature that the machinery, itself, or the product it handles will not permit the motor to resume normal speed upon restoration of normal supply voltage shall be equipped with devices that will disconnect them 12 Effective Date: November 3, 2004 RAJqCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES from the line upon failure of supply voltage and that will prevent the automatic reconnection of the motors upon restoration of normal supply voltage. 2. All motors of 1 hp or larger shall be equipped with thermal relays, fuses, or other automatic overcurrent intempting devices to disconnect completely such motors from the line as a protection against damage due to overheating. 3. Three-phase motors driving elevators, hoists, tramways, cranes, conveyers, or other equipment, which would create hazard to life in the event of uncontrolled reversal of motor rotation, shall be provided with reverse-phase and open-phase protection to disconnect completely the motors from the line in the event of phase reversal or loss of one phase. 4. Wind machines thermostatically controlled with automatic reclosing switches must be equipped with suitable time-delay devices, as hereinafter specified, at the Customer's expense, to permit the required adjustment of the time of re-closure after interruption of service. A suitable time-delay device, within the meaning of this rule, is a relay or other type of equipment that can be preset to delay with various time intervals the re- closing of the automatic switches (and the consequent starting up of the electric motors on the wind machines) and to stagger the reconnection of the load on the Utility's system, and such device must be constructed so as effectively to permit a variable overall time interval of not less than five minutes with adjustable time increments of not greater than ten seconds. The particular setting to be utilized for each separate installation is to be determined by the Utility from time to time in accordance with its operating requirements, and the Customer is to obtain from the Utility the setting for each installation as thus determined. D. Allowable Motor Starting Currents. 1. The starting current drawn from the Utility's lines shall be considered the nameplate locked rotor current or that guaranteed by the manufacturer. At its option the Utility may determine the starting current by test, using a stop ammeter with not more than 15% overswing or an oscillograph, disregarding the value shown for the first 10 cycles subsequent to energizing the motor. If the starting current for a single motor exceeds the value stated in the following tables, reduced voltage starting or other suitable means must be employed at the Customer's expense, to limit the current to the value specified, except where specified exemptions are provided in Section D.2, 3 and 4. 13 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES TABLE 1 Alternating Current - Single-phase Motors Allowable Locked Rotor Currents Standard nominal voltages of the Utility are as follows: Rated Size 120 Volts 240 Volts 1 hp and less 50 amperes 36 amperes 1 ½ hp 48 amperes 2 hp 60 amperes 3 hp 80 amperes 5 hp 120 amperes 7 ½ hp 170 amperes 10 hp 220 amperes TABLE 2 Alternating Current- Three-phase Motors Allowable Locked Rotor Currents Rated Size 240 Volts 480 Volts 2,400 Volts 3 hp 64 amperes 32 amperes 5 hp 92 amperes 46 amperes 7 ½ hp 127 amperes 63 amperes 10 hp 162 amperes 81 amperes 15 hp 232 amperes 116 amperes 20 hp 290 amperes 145 amperes 25 hp 365 amperes 183 amperes 30 hp 435 amperes 218 amperes 40 hp 580 amperes 290 amperes 50 hp 725 amperes 363 amperes 70 amperes 60 hp 435 amperes 87 amperes 75 hp 535 amperes 107 amperes 100 hp 725 amperes 142 amperes Over 100 hp - the Utility should be consulted for allowable locked rotor currents. 2. Where service conditions permit, subject to the Utility's approval, reduced- voltage starters may be omitted in the original installation until such time as the Utility may order the installation of a reduced-voltage starter to be made, and, similarly, the Utility may at any time require starting current values lower than set forth herein where conditions at any point on its system require such reduction to avoid interference with service. 3. Reduced-voltage starters may be omitted on any motor of a group installation provided that its starting current does not exceed the allowable starting current of the largest motor of the group. 14 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 4. A reduced-voltage starter may be omitted on any motor in a group installation provided that its starting current does not exceed three (3) times the maximmn demand in amperes of the entire installation. E. Interference with Service. 1. Customers who operate equipment which causes detrimental voltage fluctuations (such as, but limited to, hoists, welders, radio transmitters, X-ray apparatus, elevator motors, compressors, and furnaces) must reasonably limit such fluctuations upon request by the Utility. The Customer will be required to pay for whatever corrective measures are necessary. 2. Prior to the installation of any new arc furnace or design modification of an existing furnace, the Customer shall provide basic design information for the installation to aid the Utility in determining a method of service and the allowable level of load fluctuations. 3. Any Customer who superimposes a current of any frequency upon any part of his electrical system, other than the current supplied by the Utility shall, at his expense, prevent the transmission of such current beyond his electrical system. F. Power Factor. The Utility may require the Customer to provide, at his own expense, equipment to increase the operating power factor of each complete unit of neon, fluorescent, or other gaseous tube lighting equipment to not less than 90%, lagging or leading. G. Wave Form. The Utility may require that the wave form of current drawn by equipment of any kind be in conformity with good engineering practice. H. Added Facilities. 1. Where an Applicant requests and the Utility agrees to install facilities which are in addition to, or in substitution for the standard facilities the Utility would normally install, the costs thereof sl~ll be borne by the Applicant. Such costs shall include continuing ownership costs as may be applicable. Unless otherwise provided by the Utility's filed Tariff Schedules, these Added Facilities (Special Facilities) will be installed, owned and maintained or allocated by the Utility solely as an accommodation to the Applicant. Added Facilities are defined as: a. Facilities requested by an Applicant which are in addition to or in substitution for standard facilities which the Utility would normally provide for delivery of service at one point, through one Meter at one voltage class under its Tariff Schedules; or b. A pro rata portion of the facilities requested by an Applicant, allocated for the sole use of such Applicant, which would not normally be allocated for such sole use. 1 5 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Added Facilities may include, but are not limited to, all types of equipment normally installed by the Utility in the development of its electrical distribution systems and facilities or equipment related to the Utility's provision of service to a Customer or a Customer's receipt or utilization of the Utility's electrical energy. Added Facilities also include the differential costs for equipment for electrical distribution systems designed by the Utility which, in the Utility's sole opinion, is in excess of equipment required by the Utility's standard serving system. Added Facilities may include poles, lines, structures, fixtures, transformers, service connections, load control devices and Meters. However, the installation of Meters capable of recording and providing interval data that are in addition to or in substitution for standard Meters shall be provided under the provisions of Rule 2, Section J, Interval Metering and Other Metering Facilities as Added Facilities. 2. Added Facilities will be installed under the terms and conditions of a contract in the form on file with the Utility. Such contract will include, but is not limited to, the following terms and conditions: a. Where new facilities are to be installed for Applicant's use as Added Facilities, the Applicant shall advance to the Utility the additional installed costs of the Added Facilities over the cost of standard facilities. b. The following monthly ownership charges include a replacement component into perpetuity and are applicable to Added Facilities contracts. (1) Applicants being served by the Utility-financed Added Facilities shall pay a monthly charge of 1.38% of the cost associated with the Added Facilities. (2) Applicants being served by the Customer-financed Added Facilities shall pay a monthly charge of 0.43% of the cost associated with the Added Facilities. (3) Where existing facilities are allocated for applicant's use as added facilities, the applicant shall pay a monthly charge for the added facilities of 1.38% of the Utility's Reconstruction Cost New Less Depreciation value of that portion of the existing facilities which are allocated to the customer as Added Facilities. Where the utility agrees to provide replacement options, Applicant shall pay the following monthly ownership charges: RCMU-Financed Customer Financed Without With Without With Replacement Replacement Replacement Replacement Perpetuity 20 Yr. Term Perpetuity 20 Yr. Term Monthly Rate: 1.31% 1.32% 0.36% 0.37% Under these options, where existing facilities are allocated for applicant's use as added facilities, the applicant shall pay a monthly ownership charge equal to the 16 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES applicable RCMU-financed monthly rate. RCMU-financed monthly rate will be applied to RCMU's Reconstruction Cost New Less Depreciation value of that portion of the existing facilities which are allocated to the customer as Added Facilities. d. Where the Utility determines the collection of continuing monthly ownership charges is not practicable, the Applicant will be required to make an equivalent one-time payment in lieu of the monthly ownership charge. The applicable payment options, if any, will be selected solely by the Utility. e. All monthly ownership charges shall be reviewed and reilled with the City Council when changes occur in the Utility's costs for providing such service. However, the Utility will not reille if the Utility's cost change is less than ten (10) basis points. 3. The Utility shall not be liable for any loss, damage, or injury arising from the Utility's installation, operation, maintenance, or control of the Added Facilities, unless such loss, damage, or injury results from the Utility's sole negligence, and, in no event, shall the Utility be liable for loss of profits, revenues, or other consequential damages. No adjustment shall be made to reduce the billings if damage to, or malfunction of the Added Facilities result from any cause other than the negligence or willful acts of the Utility. I. Welder Service. 1. Rating of Welders. Electric welders will be rated for billing purposes as follows: a. Generator Arc Welders. The horsepower rating of the motor driving a motor generator type arc welder will be taken as the horsepower rating of the welder. b. Transformer Arc Welders. Nameplate maximum kVA input (at rated output amperes) will be taken as the rating of transformer type arc welders. c. Resistance Welders. Resistance welder ratings will be determined by multiplying the welder transformer nameplate rating (at 50% duty cycle) by the appropriate factor listed below: 17 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Factor Type of Welder Transformer Nameplate Utility- Owned Customer- Rating ~ 50% Duty Distribution Owned Cycle Transformer Distribution Transformer Rocker Arm, Press 20 kVA or less .60 .50 or Projection Spot Rocker Arm or Over 20 kVA, incl. Press Spot Projection Spot 21 to 75 kVA, incl. .80 .60 Flash or Butt 100 kVa or over Seam or Portable Gun All sizes Flash or Butt 67 to 100 kVA, incl. * Project Spot Over 75kVA Flash or Butt 66 kVA or less 1.20 .90 · Each flash or butt welder in this group will be rated at 80 kVA where the distribution transformer is owned by the Utility or 60 kVA where the distribution transformer is owned by the Customer. d. Ratings prescribed by a., b., and c., above normally will be determined from nameplate data or from data supplied by the manufacturer. If such data are not available or are believed by either the Utility or Customer to be nnreliable, the rating will be determined by test. e. If established by seals approved by the Utility, the welder rating may be limited by the sealing of taps which provide capacity greater than the selected tap and/or by the interlocking lockout of one or more welders with other welders. f. When conversion of units is required for tariff application, one welder kVA will be taken as one horsepower for tariffs stated on a horsepower basis and one welder kVA will be taken as one kilowatt for tariffs stated on a kilowatt basis. 2. Billing of Welders. Welders will be billed at the regular rates and conditions of the tariffs on which they are served subject to the following provisions: a. Connected Load Type of Schedule. Welder load will be included as part of the connected load with ratings as determined under section 1., above, based on maximum load that can be connected at any one time, and no allowance will be made for diversity between welders. b. Demand Metered Type of Schedule. Where resistance welders are served on these schedules, the computation of diversified resistance welder load shall be made as follows: 18 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Multiply the individual resistance welder ratings, as prescribed in Section 1.c. to 1.f. inclusive, above, by the following factors and add the results thus obtained: 1.0 times the rating of the largest welder 0.8 times the rating of the next largest welder 0.6 times the rating of the next largest welder 0.4 times the rating of the next largest welder 0.2 times the rating of all additional welders If this computed diversified resistance welder load is greater than the metered demand, the diversified resistance welder load will be used in lieu of the metered demand for rate computation purposes. J. Interval Metering and Other Metering Facilities as Added Facilities. 1. This section is applicable to the installation of Interval Metering and/or Metering Facilities that are not part of other transmission and distribution facilities installed as Added Facilities under Rule 2, Section H. 2. Interval Metering and/or Metering Facilities may include, but are not limited to the components as defined in Rule 1 under Interval Metering or Metering Facilities. 3. Where a Customer elects, and the Utility agrees, the Utility will install, own, and maintain Interval Metering and/or Metering Facilities which are in addition to, or in substitution for, standard equipment for the Customer's use. The costs of such equipment shall be borne by the Customer. 4. The costs of Interval Metering shall be at the customer's cost. 5. Interval Metering and/or Metering Facilities Charges. a. Interval Metering and/or Metering Facilities will be installed, owned, and maintained under the terms of and conditions of a contract. Where a Customer requests, the Utility may agree to finance the interval Metering and/or Metering Facilities. b. Other Charges. For Utility-owned Interval Metering and/or Metering Facilities, the customer shall pay the maintenance and testing charges in accordance with Schedule CC-SF. This charge shall include repair and/or rephcement of the Interval Metering and/or Metering Facilities, as necessary to provide for continued operation. The customer shall remain liable for repair or replacement due to damage from misuse, or hazards such as fire, theft, or vandalism. The customer shall pay the maintenance and testing charges for the Interval Metering and/or Metering Facilities during the useful life of such equipment, under the terms and conditions set out in the IMMFA. ] 9 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES c. The Utility will update the installation, purchasing, maintenance and testing costs, and the monthly capital-related charges when changes occur in the Utility's costs for providing such services and will file these updates with the City Council. J. Change of Connected Load. If a Customer plans to make any significant change either in the amount or character of the electrical load connected to their service, the Customer shall give the Utility written notice in sufficient time for the Utility to modify its service facilities, if necessary, before the Customer makes the changes. The cost of modifying the Utility's facilities will be charged to the Customer in accordance with Rule No. 16. 20 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES A. Application for Service. All Applicants for electric s:rvice have given implied consent to receive such service only upon agreeing to comply with the roles and regulations of the Utility. Each applicant for electric service may be required to sign an application on a form provided by the Utility. However, at the option of the Utility an oral request for service may be accepted. Each applicant may be required to fumish the following information: 1. Legal Name of Applicant. 2. Date and Place of Application. 3. Location of premises to be served. 4. Social Security Number or Tax ID Number. 5. Purpose for which electric service is to be used. 6. Address to which bills are to be mailed or delivered. 7. Whether applicant is tenant of, or agent for, the premises. 8. Square footage of space to be served and typical hours of operation. 9. Desired service voltage and main switch size. 10. A completed Electric Information Sheet and city approved plans for the Premises to be served. 11. Rate schedule desired where an optional rate is available. 12. Information to establish credit-worthiness of the applicant. 13. Information pertinent to the design, installation, maintenance or operation of facilities, and to the administration of the Utility's electric tariffs. 14. Such other information as the Utility may reasonably require. If an existing electric service connection is found to be inactive at the time of application, which may include but not limited to, damages to the connection and/or replacement of the Meter, an assessment will be made of the electric service connection and a fee shall be charged on a time and material basis to recover the cost of re-establishing the service to an active status. A new account setup fee shall be charged to offset the cost of creating accounting and computer records, reading the Meter and/or turning on the electric service and shall be included on the first utility bill of all new accounts. The charge for the new account setup fee is set forth in the Rate Schedule. The Application is a request for service and does not in itself bind the Utility to serve except under its filed tariff, nor does it bind the Applicant/Customer to take service for a longer period than the minimum requirements of the Rate Schedule. A contract will be required as stated in Rule 4 or in any applicable tariff. Upon acceptance and approval of the Application, the Utility agrees to furnish and the Applicant agrees to take electric service in accordance with the Utility's applicable Tariff Schedule. These Tariff Schedules constitute the terms and conditions of the agreement between the Utility and the Applicant/Customer for public utility electric service provided, unless agreed otherwise in writing. 21 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 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 hereunder and shall be billed by means of a single periodic bill mailed to the person designated on the Application to receive the bill. Whether or not the Utility obtained a joint application, where two or more persons occupy the same premises, they shall be jointly and severally liable for bills for electric energy supplied. C. Change in Customer's Equipment or Operations. Customers shall give the Utility written notice of the extent and nature of any material change in the size, character, or extent of the utilizing equipment or operations for which the Utility is supplying service before making any such change. D. Refusal to Provide Service. Utility may disconnect or refuse to provide service to the Applicant if the conditions upon the Applicant's premises indicate that false, incomplete, or inaccurate information was provided to Utility or the acts of the Applicant or anyone on the premises creates an unsafe situation for Utility's employee. Utility shall provide the Applicant the reason for such refusal. 22 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 4 = C n rac s Contract Requirements. A. When Service Contracts are Required. A contract or agreement to take and pay for electric service will not be required as a condition precedent to service except: 1. Where required by provisions contained in the Tariff Schedules, in which case the term of the contract will be that specified. 2. Where it is necessary to install a line extension in which case a contract for a period of three (3) years may be required; except that, when temporary service is to be supplied tinder the provisions of Rule 13, the contract will cover the period of contemplated operations, but not longer than three (3) years. B. When Facilities Contracts are Required. A contract or agreement to pay for the use, installation, or removal of facilities including, but not limited to, line extensions, street light installations, and Special or Added Facilities will be required: 1. Where the provisions of the Tariff Schedules so specify, in which case the terms of the contract will be governed thereby. 2. Where any Applicant or Customer desires new or increased distribution facilities for Temporary Service, in which case the Utility may require such person to pay to the Utility, in advance or otherwise, the estimated cost installed, plus the estimated cost of removal, less the estimated salvage of the facilities necessary for fumishing service in accordance with the provisions of Rule 13. 3. Where a person, whether or not a Customer, desires to have the Utility modify, rearrange, relocate, or remove any of its facilities, the Utility if it agrees to make such changes may require the person, at whose request the changes are made, to agree to pay, in advance or otherwise, the cost to the Utility of making the changes. C. Non-Standard Contracts or Service Agreements. Where the customer has any outstanding non-standard contracts or service agreements with the Utility, or any non-standard Service Account or meter service arrangements for the customer's convenience or for the Utility's Operating Convenience, the Utility may, at its discretion, require the customer to: 1. Modify the non-standard Service Account or meter service arrangements; or 2. Terminate the contract, agreement, or arrangement because of conflicts with other tariff provisions. 23 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES F[u e 5 = Speci [ equire on Forr s A. Contracts. Each agreement or contract form for electric service or installation of facilities will contain the following provision: "This contract shall at all times be subject to such changes or modifications by the City Council of Rancho Cucamonga as said City Council may, from time to time, direct in the exercise of its jurisdiction." B. Customer's Bill. Information will be printed on each bill or Summary Bill for electric service or will indicate how to obtain such information. The information either printed or supplied will include substantially the following: 1. Your bill or summary bill is due and payable upon presentation. Payment should be made to the Rancho Cucamonga Municipal Utility's offices or an authorized agent. 2. Should you question this bill or Summary Bill, please request an explanation and/or investigation from the Rancho Cucamonga Municipal Utility. 3. Any customer who has initiated a complaint or requested an investigation within five days of receiving a contested bill or Summary Bill for service shall be given an opportunity for review of such complaint or investigation by a review manager of RCMU. 4. If, after a determination by RCMU, you believe you have been billed incorrectly, the amount of the bill or Summary Bill should be deposited with the Rancho Cucamonga City Council in c/o the City Clerk's Office, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730, to avoid discontinuance of service. Make remittance payable to the City of Rancho Cucamonga, and attach the bill or Summary Bill and a statement supporting your belief that the hill or Summary Bill is not correct. The Director will review the basis of the billed amount and make disbursement in accordance with its findings. Further appeal may be filed under the City Council's formal procedure. 5. The schedule or code number of the rote under which service is billed. C. Discontinuance of Service Notice. 1. Every Discontinuance of Service Notice for nonpayment of a delinquent account, as provided for in Rule 8, shall include substantially all of the following information: a. The name and address of the customer whose Customer Account is delinquent. b. The amount of the delinquency. 24 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES c. The date by which payment, or arrangement for payment, is required in order to avoid termination. d. The procedure by which the customer may initiate a complaint or request an investigation concerning service or changes. e. The procedure by which the customer may request amortization of the unpaid charges. f. The telephone number of a representative of RCMU who can provide additional information or institute arrangements for payment. 2. The following will be printed on each discontinuance of service notice: If past due bills or Summary Bills are unpaid after the expiration date of a discontinuance of service notice, a deposit may be required and service may be discontinued. Service may be discontinued at a new location 15 days after service is established if there are unpaid bills for service at a prior location. If you are unable to pay the amount shown on this notice, please contact the Utility's offices to discuss payment arrangements. When the customer and the Utility fail to agree on a bill or Summary Bill and payment is not made, to avoid discontinuance of service the customer must deposit the amount of the bill or Summary Bill with the Rancho Cucamonga City Council in c/o the City Clerk's office, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730, which will review the basis of the billed amount and disburse the deposit in accordance with its findings. Subsequent unpaid bills or Summary Bills, if disputed, must be handled in the same manner to preclude discontinuance for nonpayment. If an RCMU representative makes a call because of the customer's failure to pay, a field assignment charge may be required. After discontinuance and prior to restoration of service, the customer must pay the full amount past due and may be required to pay a reconnection charge and a deposit adequate to reestablish credit. D. Deposit Receipts. Each receipt for a cash deposit to establish or reestablish credit for service will contain substantially the following statements: Upon discontinuance of service, the Utility will refund the customer's deposit or the balance in excess of any unpaid bills. After the customer has paid bills for electric service before becoming past due for twelve months, the Utility will refund the deposit by applying it to the customer's unpaid bills or by check. Endorsement of a refund check will constitute acknowledgement of receipt of refund and release the Utility from any further claims against the deposit covered by this receipt. 25 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Ru o = Es a[ lishmen Re esta ishmen Service A. Establishment of Credit - All Classes of Service. Pertinent information will be requested from the Applicant to establish credit which shall include, but not be limited to, a social security number and/or tax identification number. In addition, each Applicant will be required to establish credit by satisfying one or more of the following conditions: 1. By providing a good credit reference from another electric utility for electric service for one year or more within the past two years indicating the applicant maintained a record of paying utility bills before becoming delinquent in the same customer name. 2. By making a monetary guarantee such a cash deposit equal to two (2) times the estimated average monthly bill and sign an Application form provided by the Utility in advance of receiving electric service. B. Re-establishment of Credit - All Classes of Service. If the Utility has made a service call to disconnect the service for non-payment of a delinquent bill, an additional charge shall be made to return service. Additionally, a deposit equal to three times the estimated monthly bill shall be required. 26 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 7 an ] rvice T rn-On Char A. General. Deposits will be required when a Customer is otherwise unable to satisfactorily establish or re-establish credit, as set forth in Rule 6. B. Amount of Deposit. The amount of deposit required to establish credit for electric service is two times (2x) the estimated average monthly bill. The amount of deposit required to re-establish credit for electric service is three times (3x) the estimated average monthly bill. In the event that a Customer of the Utility has diverted electricity ("energy theft"), a separate deposit shall he assessed. This deposit shall be twice the amount of the estimated loss to the Utility resulting from the diversion, but in no case shall the amount be less than the minimum diversion deposit. C. Payment of Deposit. Deposits are due upon application for service and delinquent 14 days later. Deposits will not be used as payment for past-due bills to avoid discontinuance of service. D. Return of Deposit. Deposits may be retumed after the Customer has paid bills for service for twelve (12) consecutive months, without having received a delinquent notice. The deposit shall be credited towards any outstanding charges. All other deposits shall be retained by the Utility until the electric service has been terminated at the request of the Customer or by the utility pursuant to these rules and regulations. Upon service termination, the Utility shall credit the deposit towards payment of any outstanding charges due and owing by the Customer. After the Utility has made such credit, any remaining portion shall be refunded to the Customer. The Utility may apply the deposit at any time upon request, provided the Customer's credit may otherwise be established in accordance with Rule No. 6, Establishment and Re-establishment of Service. D. Service Turn-On Charge. A service turn-on shall be made for turning on electric service during normal business hours on the following workday. There will be an additional charge for same day and after hours turn-on of service or special appointment turn-on service (the special appointment turn-on charge will apply ifa specific time is requested and will not apply to the normal four hour window appointment) when specifically requested by the Customer. A service charge will be assessed for each additional field visit required t complete the 27 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES service mm-on order. After hours for fee assessment purposes are legal holidays and hours outside the following time periods: 8AM to 4PM Monday through Friday and 9AM to 1PM Saturdays. The Utility shall not be liable for any loss or damage caused by the improper installation, maintenance or malfunctions of any electric apparatus or appliance, or £or damage caused by the turning on and offof electric service by the Utility. 28 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 8 = ]o ices A. Notices to Customers. When notices from the Utility to a Customer are required, they will nonnally be given in writing, either mailed to the address specified in the Customer's Application for service or to any address subsequently specified by the Customer or delivered to him or her or posted in the local newspaper of record, except that in emergencies the Utility may give notices in the manner most suitable under the existing conditions (radio, television,. telephone, etc.). The discontinuance of service notice for nonpayment of a delinquent account shall be mailed as stated above at least 5 calendar days prior to proposed termination of nondomestic service. All procedures as required by law shall be exercised. B. Notices from Customers. Notices from a Customer to the Utility may be given by written communication mailed to the Utility's office or may be given orally by the Customer or the Customer's authorized agent at the Utility's office except when written notice is specifically required in Tariff Schedules or in any written agreement. 29 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Ru e g - Rendering and Paymen A. Rendering of Bills. 1. Billing Period. Bills for elec~xic service will be rendered bimonthly, monthly or as otherwise provided in the Tariff Schedules. Electric Meters shall be read as nearly as possible at regular intervals. Such regular Meter readings normally shall be monthly, but may be at other intervals as established at the discretion of the Utility. 2. Metered Service. a. Bills for metered service will be based on Meter registrations. Meters will be read as required for the preparation of regular bills, opening bills and closing bills. b. If, because of unusual conditions or for reasons beyond its control, the Utility is unable to read the Meter on the scheduled reading date, the Utility may bill the Customer or those deriving the benefit of service for estimated consumption during the Billing Period, and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the Customer's prior usage, the Utility's experience with other Customers of the same class in that area, and the general characteristics of the Customer's operations. Adjustments for any underestimation or overestimation of a Customer's consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation was required. When a service start date can be reliably estimated, the undercharge can be computed back to that date, exclusive of Rule 17. Access to the Meter, sufficient to permit it being read, shall be provided by the Customer as a prerequisite to the Utility making any adjustment of consumption billed on an estimated basis. 3. Pro rata Computation. All bills for electric service rendered will be computed in accordance with the applicable thirty-day Rate Schedule, but the size of the energy blocks and the amount of the Customer, Service, Demand or Minimum Charge specified therein will be prorated on the basis of the ratio of the number of days service has been rendered to the number of days in an average month of thirty (30) days. B. Readings of Separate Meters Not Combined. For the purpose of billing, each Meter upon the Customer's premises will be considered separately, and the readings of two (2) or more Meters will not be combined, except as follows: 1. Where combinations of Meter readings are specifically provided for in the Tariff Schedules. 30 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTPdC SERVICE RULES 2. Where the Utility's operating convenience requires the use of more than one Meter. C. Payment of Bills. Electric bills, including service and penalty charges, are due and payable upon deposit by Utility in the United States mail ("date billed"), and shall be delinquent nineteen (19) calendar days after said date. A late payment of 0.9% per month will be applied to the total unpaid balance of a Customer account if the Customer's payment is not received by the date indicated on the Customer Account billing. Upon delinquency, the Utility shall mail a second billing in the form of a delinquent notice; service may be discontinued if the bill is not paid within the time required by such notice. D. Returned Check. The Utility may require payment of a returned check charge equal to that permitted under law for any check returned from the bank unpaid, as set forth in the Rancho Cucamonga Municipal Code, Section 3.02.040 Schedule of Fees and Service Charges. If the returned item was returned for payment on a prior 48-hour notice of disconnection, service may be terminated without further notice. E. Privacy of Customer Information. To preserve a customer's privacy when receiving and paying electric bills through the internet, the Utility shall not release confidential information, including financial information, to a third party without an electronic signature or voice/written consent from the customer. 3 1 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES P,u e = ispu d ,ppea Process A. Customers who believe their bill is in error must first contact the Utility by telephone or in writing within five (5) days after receiving the bill and initiate a compliant or request an investigation concerning the bills. After that period the bill considered payable as rendered. B. If, after contact with the Utility, the Customer believes the bill is still incorrect, the Customer must, within ten (10) days after receiving the explanation from the Utility, send his/her remittance for the entire amount of the disputed bill along with a written statement setting forth the reasons why the Customer believes the bill is incorrect to: Utilities Administrative Resources Manager, City of Rancho Cucamonga - Engineering/Public Works, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. C. Failure of the Customer to file a written statement with the Utilities Administrative Resources Manager, within ten (10) days after receipt of the explanation from the Utility will constitute acceptance by the Customer of the bill as rendered, and authorize discontinuance of service in accordance with Rule 11. D. If before completion of the Utilities Administrative Resources Manager's review, additional bills become due which the Customer wishes to dispute, the Customer will not be required to file the dispute with the Utility, as stated above, but will be required to send his/her remittance for the entire amount of the additional bills disputed to: Utilities Administrative Resources Manager, City of Rancho Cucamonga - Engineering/Public Works, 10500 Civic Center Drive, Rancho Cucamonga, California 91730, and file additional written statements within ten(10) days after receipt of such bills setting firth the reasons why the Customer believes the additional bills are incorrect. Failure to do so will authorize discontinuance of service in accordance with Rule 11. The Utilities Administrative Resources Manager will not, however, accept deposits if the underlying dispute appears to be over matters that do not directly relate to the accuracy of the bill. E. Upon timely receipt of the written statement, the Utilities Administrative Resources Manager or his designee will review the basis of the billed amount and communicate the results of the review and decision to the Customer. F. Any Customer, whose complaint or request for investigation regarding a bill for electric service results in an adverse determination by the Utilities Administrative Resources Manager, may appeal such determination, after receiving the explanation from the Utilities Administrative Resources Manager, by sending a written statement within 10 days of mailing of the explanation setting forth the reasons why the Customer believe the investigation is incorrect. The Customer must send this statement to the Director of Utilities/City Engineer, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Upon timely receipt of the written statement, the Director of Utilities/City Engineer, or his representative will determine if the Review Manager's investigation was thorough and complete, addressing the aspects of the billing dispute. The results will be communicated to the Customer in writing. 32 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES G. If the billing dispute is not satisfactorily resolved with the Director of Utilities/City Engineer or his representative, the Customer may request a review by the City Manager by sending a written statement within five days of mailing the Director of Utilities/City Engineer determination to: City Manager, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Upon timely receipt of this written statement, the City Manger will make his determination and communicate said determination to the Customer in writing. H. If the Customer is not satisfied with the findings of the City Manager, the Customer may appear to the City Council. The appeal must be submitted in writing to the City Clerk, together with the reasons for the dispute within ten days following mailing of the City Manager's determination. In the absence of a timely filed appear, the City Manager's determination will be final. Upon receipt of a timely appeal, the matter will be reviewed by the City Council within 45 days of receipt. A written decision of the City Council shall be delivered to the Customer by personal delivery or certified mail within fifteen days following the appeal heating. 33 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Ru e o Discon inuanc and Restoration Service A. Past Due Bills. Electric bills, including service and penalty charges, are due and payable upon deposit by Utility in the United States mail ("date billed"), and shall be delinquent nineteen (19) calendar days after said date. Upon delinquency, the Utility shall mail a second billing in the form of a delinquent notice. Service may be discontinued if the bill is not paid within the time required by such notice. B. Nonpayment of Bills. 1. All delinquent accounts unpaid at the close of business on the twenty-four (24th) calendar day after the date billed shall have electric service discontinued on the twenty-sixth (26th) day after said date without further notice. Any Customer who contests a bill and has initiated a complaint or requested an investigation within five (5) days of receiving said bill shall not have service discontinued for non-payment during the pendency of an investigation by the Utility of such Customer's dispute or complaint provided the Customer also keeps current the account for Utility services as charges accrue in each subsequent billing period. Services shall not be discontinued for non-payment for any Customer complying with an amortization agreement entered into with the Utility, provided the Customer also keeps current the account for Utility services as charges accrue in each subsequent billing period. If a Customer fails to comply with an amortization agreement, the Utility will give a 7-day discontinuance of service notice before discontinuing service, but such notice shall not entitle the Customer to further investigation by Utility. 2. If a Customer is receiving more than one (1) service, any or all services may be discontinued when any service, regardless of location, is discontinued for non- payment. 4. Under no circumstances may service be discontinued for non-payment of a bill to correct previously billed incorrect charges for a period in excess of the preceding three (3) months, unless such incorrect charges have resulted from the Customer not abiding by the Tariff Schedules. 5. On any Saturday, Sunday, legal holiday recognized by the Utility, or at any time during which the business office of the Utility is not open to the public, service will not be discontinued by reason of delinquency in payment for Utility services. C. Unsafe Equipment. The Utility may refuse or discontinue service to a Customer if any part of the Customer's wiring or other equipment, or the use thereof, shall be determined by the Utility to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or if any condition existing upon the Customer's premises shall be thus determined to endanger the Utility's facilities, until it shall have been put in a safe condition or the violation remedied. The Utility does not assume any responsibility for 34 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UT1LITY ELECTRIC SERVICE RULES inspecting or repairing the Customer's wiring or other equipment or any part thereof and assumes no liability therefore. D. Service Detrimental to Other Customers. The Utility will not provide service to any premise, the operation of which will be detrimental to the service of the Utility or its other Customers, and will discontinue electric service to any Customer after having been given notice by the Utility to cease so doing. E. Fraud. The Utility may refuse or discontinue service if the acts of the Customer or the conditions upon the Customer's premises are such as to indicate any intent to defraud the Utility. A fee will be collected for the investigation of acts of fraud and/or diversion. F. Failure to Establish or Re-establish Credit. If, for an Applicant's convenience, the Utility should provide service before credit is established or should continue service to a Customer when credit has not been re- established in accordance with Rule 6, and the Customer fails to establish or re-establish credit, the Utility may discontinue service. G. Non-compliance. Except as otherwise specifically provided in this Rule 11, the Utility may discontinue service to a Customer for non-compliance with Tariff Schedules if, after written notice of at least five (5)days, the Customer has not complied with the notice. The Utility may dispense with the giving of such notice in the event there exists in the Utility's opinion a dangerous condition, thus rendering the immediate discontinuance of service to the premises imperative. H. Customer's Request for Service Discontinuance. When a Customer desires to terminate responsibility for service, the Customer shall give the Utility not less than two (2) business days' notice of this intention, state the date on which the Customer wishes the termination to become effective, provide access to the meter and provide the Utility with the address to which the closing bill should be mailed. In the event access is not provided, the Customer discontinuing service shall be held liable for all oonsumption until access is provided. A field visit service charge will be assessed for each additional trip (after original attempt to turn service off) required to complete the turn-off request. A Customer may be held responsible for all service furnished at the premises until two (2) business days after receipt of such notice by the Utility or until the date of termination specified in the notice, whichever date is later. I. Restoration - Reconnection Charge. The Utility will require payment of all past due bills, applicable service reconnection charges, and deposit before restoring service that has been disconnected for non-payment of bills or for failure otherwise to comply with Tariff Schedules. If service(s) have been 35 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES illegally restored or damaged due to tampering, the Customer must pay all damage charges prior to reconnection. The Customer and/or beneficiary of service are responsible for all damage charges whether or not service is reconnected. If it is necessary to verify funds prior to reconnect, an additional fund verification fee may be assessed. If funds can not be verified, the Utility may require secured funds prior to reconnect. If service is terminated, or if a notice of discontinuance has been given, the Utility will require the Customer to pay a deposit or an additional deposit equal to an estimated average three month bill. All reconnect service charges are cumulative and each trip to the premises will incur additional charges. In the event anyone has turned on the electric service at~er it has been turned off for any of the above reasons; there shall be a charge in addition to other amounts due from the Customer before service is restored. If the meter is removed, a service charge will be billed in addition to other amounts due. An inspection will be required at the Customer's expense (prior to re-installation of meter). If service has been terminated by an electric crew at the overhead or underground, there will be an additional service charge prior to restoring the service. J. Unsafe Environment. If the customer or anyone on the premises inflicts violence, as defined in Rule 1, or threatens with present ability to inflict violence upon an employee of the Utility or its subcontractors, the Utility may discontinue service to a customer after written notice of at least five days. The discontinuance of service may be avoided if the customer agrees to meet with the Utilities Administrative Resource Manager and/or law enforcement and the customer agrees to cease from any act of violence. K. Discontinuance for Use of Electricity Without Application L. When a new occupant who has not applied for electric service takes possession of premises and finds the electric service turned on, the occupant shall notify the Utility of such findings within 1 working day. In the event the occupant turns on the electric service, or fails to notify the Utility of finding the electric service turned on within 1 working day of occupancy, the occupancy will be billed for consumption back to the move in date and owner shall be billed for any unresolved usage. If the premises are unoccupied, or the Utility has not been notified of a new tenant by the owner, property manager, occupant or other representative of the owner, and electric service is in use, the owner of the property shall be held responsible for payment of the bill. It is the responsibility of the owner to verify that the utility service has been transferred into the name of the new occupant and to settle disputes of responsibility between the occupant and the owner. 36 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES In the event that the occupant is charged for usage where the amount charged will be determined by the Utility, the amount billed will be based upon either the meter reading or on the basis of the estimated consumption for the length of time service was received by the occupant without proper application. When the Utility finds that electricity is being used without proper application, the Utility may terminate the service without further notice. Any amount due in excess of the amount billed to the occupant shall be billed to the owner. Only authorized Utility personnel are permitted to turn the service on at the meter. If the occupant restores electric service, a self-restoral service fee may be imposed. 3 7 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILI~ ELECTRIC SERVICE RULES Ru e = Ra os and Optional Ral es A. Effective Rates. The rates charged by the Utility for electric service are those on file with the Utility's Utilities Administrative Resources Manager and are legally in effect. A copy of complete Tariff Schedules as filed with the Utilities Administrative Resources Manager, shall be maintained for public inspection at the office of the Utility. B. 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 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 the Customer desires. When the Customer notifies the Utility of any material change in the size, character, or extent of utilizing equipment or operations, in accordance with Section C of Rule 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 SectionC of Rule 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 (3) billing periods to determine the accuracy of the application of the rate. C. 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 be affected thereby. D. Change of Rate Schedule. 1. A change to another applicable Rate Schedule, rate, or optional provision will be made only where the Customer elects to make such change, or where in the opinion of the Utility, another Rate Schedule is more applicable. 2. Should a Customer so elect, the change will be made, provided: a. A change has not been made effective during the past twelve-months' period; or b. The change is made to, or from, a new or revised Rate Schedule; or 3 8 Effective Da~e: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 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 (12) 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. E. Power Cost Adjustment Factor (PCAF) The PCAF is a charge per kWh which is used (1) to adjust the Utility's electric rates for the actual cost of purchasing and generating electric power and energy to service the Utility's Customers, and (2) to minimize fluctuations in rates. The energy charge per kWh in each Rate Schedule recovers the costs of purchasing and delivering power and energy from all suppliers of power and energy, other suppliers, and the cost of power from the Utility's owned generating resources. The PCAF will reflect all changes in energy costs, including the following: 1. Changes m any component of the wholesale rate. 2. Changes in transmission and wheeling payments. 3. Changes in scheduling and dispatching payments. 4. Changes in contract incremental costs. 5. Changes in economy energy purchases. 6. Changes in take-or-pay obligations. The PCAF as set forth in the Tariff Schedule shall be applied to kWh sold on and after the effective date, as also set forth below, and continuing thereafter until a new PCAF becomes effective. The amount to be added to or subtracted from each bill due to the PCAF shall be calculated by multiplying the number of kWh for which the bill is rendered by the applicable PCAF. The PCAF, which may be either positive or negative, will be reviewed and revised quarterly to reflect (1) actual changes in excess of a plus or minus ten percent (10%) of the amount stated in the energy charge included in the Tariff Schedule. The City Council shall have responsibility for establishing the PCAF and its effective date. 39 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES F. Change of Law Adjustment Factor (CLAF) Change in Law means any change, modification, revision, or adoption of (1) any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination by any court, regulatory agency or governmental authority of competent jurisdiction, or (2) any law, role, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination, or interpretation thereof, which has been adopted, enacted, released or promulgated, which results in either partial or wholly new or different application of a pre-existing law. The CLAF is a charge or credit per kWh which is used to adjust the Utility's electric rotes for the impact of Changes in Law that would materially change the Utility's revenue or expenses. The CLAF as set forth in the Tariff Schedule shall be applied to each kWh sold on and atter the effective date, or also set forth below, and continuing thereafter until a new CLAF becomes effective. The amount to be added to or subtracted from each bill due to the CLAF shall be calculated by multiplying the number of kWh for which the bill is rendered by the applicable CLAF. The CLAF, which may be either positive or negative, will be reviewed and revised quarterly to reflect actual changes in excess of a plus or minus ten percent (10%) of the amount stated in the Tariff Schedule. The City Council shall have the responsibility for establishing the CLAF and its effective date. G. Applicability. Unless otherwise stated in the Rate Schedule, the Rate Schedules of the Utility are applicable only for service supplied entirely by the Utility. H. Definitions for Rule 12. Billing Demand: The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for fie kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the greater of the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period or 50% of the highest Maximum Demand established in the preceding eleven (11 ) months (Ratcheted Demand). However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fiRy percent (50%) of the Customer's Connected Load. Excess Transformer Capacity: Excess Transformer Capacity is the amount of transformer capacity requested by a Customer in excess of that which the Utility would normally install to serve the Customer's Maximum Demand. 40 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Maximum Demand: Maximum Demands shall be established for the On-Peak, Mid- Peak, and Off-Peak periods. The Maximum Demand for each period shall be the measured maximum average kilowatt input indicated or recorded by instruments, during any 15-minute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. Power Factor Adjustment: When the Maximum Demand is expected or has exceeded 200 kW for three (3) consecutive months, kilovar metering will be installed as soon as practical, and, thereafter, until the Maximum Demand has been less than 150 kW for twelve (12) consecutive months, the billing will be increased each month for power factor for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum Reactive Demand imposed on the Utility. The reactive demand will be determined as follows: 1. For Customers with metering used for billing that measures reactive demand. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15-minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar Meter to prevent reverse operation of the Meter. 2. For Customers with metering used for billing that measures kilovar-hours instead of reactive demand. The kilovars of reactive demand shall be calculated by multiplying the ldlowatts of measured Maximum Demand by the ratio of the kilovar-hours to the kilowatt hours. Demands in kilowatts and kilovars shall be determined to the nearest unit. A ratchet device will be installed on the kilovar- hour Meter to prevent its reverse operation on leading power factors. Summer Season: The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. A pro rata computation will be made for seasonal billing purposes. Temporary Discontinuance Service: Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Time Period: Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays Mid-Peak: 8:00 a.m. to Noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays Off-Peak: All other hours. Winter Season: The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 42 Effective Date: November ~, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Ru e - Temporary Service A. Establishment of Temporary Service. Utility shall, if no undue hardship to its existing Customers will result therefrom, furnish Temporary Service under the following conditions: 1. The Applicant shall pay, in advance or otherwise as required by Utility, the estimated cost installed, plus the estimated cost of removal, less the estimated salvage, of the facilities necessary for furnishing service. 2. The Applicant shall establish credit as required by Rule 6, except that the amount of deposit prescribed in Rule 7 shall not exceed the estimated bill for the duration of service. B. Applicant Design. Applicant may elect to use the Applicant design option to design that portion of the temporary facilities normally designed by the Utility in accordance with the same Applicant design provisions outlined in Rule 15, except that all charges and refunds shall be made under the provisions of the rule. C. Change to Permanent Status. 1. A Customer will retain temporary status as long as the Utility deems the facilities to be speculative in character, of questionable permanency, or where it is known in advance that service will be of limited duration. 2. If at any time the character of a temporary Customer's operations changes so that in the opinion of the Utility the Customer may be classified as permanent, the amount of payment made in excess of that required for permanent service immediately shall be refunded to the Customer in accordance with Section D following. D. Refunds. The amount of refund upon reclassification of a Customer from temporary to permanent will be made on the basis of the extension rule in effect at the time Temporary Service is reclassified to permanent. 43 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILI3D/ ELECTRIC SERVICE RULES Ru e = Shortage Supply and nl errupl ion Delivery A. Shortages and Interruptions. 1. The Utility will exercise reasonable diligence to furnish/deliver a continuous and sufficient supply of electricity to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom from interruption, and shall not be liable for interruptions, shortage or insufficiency of supply, or any resultant loss or damage. 2. Whenever, in the operation of the Utility's electric plants, properties, and/or systems, interruption in the delivery of electricity to Customers results from or is occasioned by causes other than the exercise by the Utility of its right to suspend temporarily the delivery of electricity for the purpose of making repairs or improvements to its system, notice of any such interruption will not be given to the Customers of the Utility, but the Utility will exercise reasonable diligence to reinstate delivery of electricity. B. Temporary Suspension for Repairs. 1. The Utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall have the fight to suspend temporarily the delivery of electricity. In all cases, to the extent circumstances so allow, reasonable notice will be given to the Customer. Such repairs or improvements will be made as rapidly as practicable, consistent with prudent utility practices. To the extent practicable and consistent with prudent utility practices, the Utility will minimize the inconvenience to its Customers. 2. When it is necessary to suspend temporarily the delivery of electricity for repairs or improvements to the system in accordance with Rule 14, Section B.1 above, and the Customer requests that such suspension of service occur at other than during normal Utility working hours, the Utility reserves the fight to receive, in advance, the total estimated labor-related costs to be incurred by the Utility for performing the work during non-regular Utility work hours..The Customer shall also pay any additional cost actually incurred in excess of the estimated costs. C. 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 Utility in the manner determined at the Utilities Administrative Resources Manager's discretion, to be equitable and without discrimination under prevailing conditions, except that preference shall be given to service essential to the public interest and to the preservation of life and health. The decision of the Utilities Administrative Resources Manager or his designee shall be final in such matters. D. Limited Service Device. 44 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES A limited supply of electricity may be provided in accordance with Rule 11, Section I where a limited service device is installed. 45 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTPdC SERVICE RULES Line Extensions APPLICABILITY: This rule is applicable to extension of electric Distribution Lines of the Utility's standard voltages (less than 15 kV) necessary to furnish permanent electric service to Applicants and will be made in accordance with the following provisions: A. General. 1. Distribution Line Extension Basis. a. Design. The Utility will be responsible for planning, designing, and engineering Distribution Line Extensions using the Utility's standards for material, design, and construction. Applicant may elect to design that portion of the new Distribution Line Extension normally designed by the Utility in accm'dance with the Applicant design provisions of this rule. b. Ownership. The Distribution Line Extension facilities installed under the provisions of this rule, shall be owned, operated, and maintained by the Utility, except for Substructures and enclosures that are on, under, within, or part of a building or structure. c. Private Lines. The Utility shall not be required to serve any Applicant from Distribution Line Extension facilities that are not owned, operated, and maintained by the Utility. 2. Distribution Line Extension Locations. a. The Utility will own, operate and maintain Distribution Line Extension facilities only: (1) Along public streets, alleys, roads, highways and other publicly dedicated ways and places which the Utility has the legal right to occupy; and (2) On public lands and private property across which rights-of-way and permits satisfactory to the Utility may be obtained without cost to or condemnation by the Utility. b. Normal Route of Line. The length and normal route of a Distribution Line Extension will be determined by the Utility and considered as the distance along the shortest, most practical, available, and acceptable route which is clear of obstructions from the Utility's nearest permanent aid available distribution facility to the point from which the service facilities will be connected. 3. Underground Distribution Line Extensions. a. Underground Required. The Utility, by authority of the City Council, has declared itself an "underground" utility. Consistent with this declaration, underground Distribution Line Extensions shall be installed where 46 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL Lrl'ILITY ELECTRIC SERVICE RULES required to comply with applicable laws and ordinances of the City of Rancho Cucamonga and where the Utility maintains or desires to maintain underground distribution facilities. For example, underground Distribution Line Extensions are required for all new: (1) Commemial Developments, (2) Industrial Developments, (3) and locations that are in proximity to and visible from designated Scenic Areas. The requirements to underground lines set forth in this paragraph shall not apply where it is impractical to build underground lines, as determined by the Utility, and approved by the Utilities Administrative Resources Manager. b. Underground Optiona 1. When requested by Applicant and agreed upon by the Utility, underground Distribution Line Extensions may be installed in areas where it is not required, as provided in Section A.3.a. 4. Overhead Distribution Line Extensions. Overhead Distribution Line Extensions may be installed only where underground extensions are not required as provided in Section A.3.a. 5. Special or Added Facilities. Any Special or Added Facilities the Utility agrees to install at the request of Applicant will be installed at Applicant's expense in accordance with Rule 2. 6. Temporary Service. Facilities installed for Temporary Service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this rule and the provisions of Rule 13. 7. Services. Service facilities connected to the Distribution Lines to serve an Applicant's premises will be installed, owned and maintained as provided in Rule 16. 8. Street Lights. Street lights and appurtenant facilities shall be installed in accordance with the service provisions of the applicable street light schedule. 9. Contracts. Each Applicant requesting a Distribution Line Extension may be required to execute a written contract(s), prior to the Utility performing its work on the Distribution Line Extension. B. Installation Responsibilities. 1. Underground Distribution Line Extensions. a. In accordance with the Utility's design, specifications, and requirements, Applicant is responsible for: (1) Designing and engineering of the Applicant's electric distribution facilities to serve the development in accordance with City's design standards; 47 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL DTILITY ELECTRIC SERVICE RULES (2) Excavation. All necessary trenching, backfilling, compacting and ftmaishing of imported or suitable natural backfill material as required and proper disposal of trench spoil as required and other digging as required; (3) Substructure and Conduits. Furnishing, installing, and upon acceptance by the Utility, conveying to the Utility ownership of all necessary installed substructures, conduits and pull and service boxes, transformer pads, including Feeder Conduits and related Substructures required to extend to and within subdivisions and developments; and (4) Protective Structures. Furnishing, installing, and upon acceptance by the Utility, conveying to the Utility ownership of all necessary Protective Structures. b. Utility Responsibility. Providing inspection service to verify Applicant's performance. Furnishing and installing cables, switches, tramformers, and other distribution facilities required to complete the Distribution Line Extension. 2. Overhead Distribution Line Extensions. The Utility is responsible for fumishing and installing all facilities required for the Distribution Pole Line Extension. 3. Installation Options. a. Utility-Performed Work. Where requested by Applicant and mutually agreed upon, the Utility may perform that portion of the new Distribution Line Extension work normally installed by Applicant according to Section B. 1.a., provided Applicant pays the Utility its total estimated installed cost. b. Applicant-Performed Work. Applicant may elect to install that portion of the new Distribution Line Extension normally installed by the Utility in accordance with the Utility's design and specifications, using Qualified Contractors (see Section D, Applicant Installation Options). C. Contributions or Payments by Applicant. 1. General. Contributions or payments by an Applicant to the Utility for the installation of a Distribution Line Extension to receive Utility service consists of such things as cash payments, the value of facilities deeded to the Utility, and the value of Excavation performed by Applicant. 2. Project-Specific Cost Estimates. The Utility's total estimated installed cost will be based on a project-specific estimated cost. 3. Applicant shall contribute or pay, before the start of the Utility's construction, the following: 48 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES a. Utility's estimated value of Excavation, Conduits, and Protective Structures required by the Utility for the Distribution Line Extension under Section B. 1.a. b. Underground Service. (1) Cabling. The estimated installed cost of any necessary Cabling (including distribution transformers) installed by the Utility to complete the underground Distribution Line Extension. This includes the cost of conversion of existing single-phase lines to three-phase lines, if required; plus (2) Substructures. The Utility's estimated value of Substructures installed by Applicant and deeded to the Utility as required; plus c. Overhead Service. (1) Pole Line. All necessary facilities required for an overhead Distribution Pole Line Extension and, if required, the conversion of existing single-phase lines to three-phase lines; plus d. Added Facilities. (1) After final design of the distribution facilities, the Utility will notify the Applicant of the estimated cost of any extra facilities or special requirements to be done at the Applicant's request. Extraordinary facilities or service provisions will be handled under Rule No. 2, Description of Electric Service. 5. Joint Applicants. The total contribution or Advance from a group of Applicants will be apportioned among the members of the group in such manner as they may mutually agree. 6. Payment Adjustments. a. Total Refundable Amount. If the loads provided by Applicant(s) results in the Utility having installed facilities which are in excess of those needed to serve the actual loads, and the Utility elects to reduce such excess facilities, Applicant shall pay the Utility its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities. D. Applicant Design Option for New Installations. Competitive Bidding. When Applicant selects competitive bidding, the Distribution Line Extension may be designed by Applicant's qualified contractor or sub-contractor in accordance with the Utility's design and construction standards. All Applicant design work of electric facilities must be performed by or under the direction of a licensed professional engineer and all design work submitted to the Utility must be certified by an appropriately licensed professional engineer, consistent with the applicable federal, state, 49 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES and local, including City of Rancho Cucamonga, codes and ordinances. The Applicant design option is available to Applicant for new service and is not available for replacement, reinforcement, or relocation of existing systems, where there is no Applicant for new line or service extension work. Under this option, the following applies: 1. Applicfint shall notify the Utility, in a manner acceptable to the Utility. 2. Applicant designs shall conform to all applicable federal, state and local, including City of Rancho Cucamonga, codes and ordinances for Utility installations design (such as, but not limited to the California Business and Professions Code). 3. The Utility may require Applicant designers to meet the Utility's prequalification requirements prior to participating in Applicant design. 4. Applicant designers shall obtain Utility design and construction standards and specifications prior to performing Applicant design. The Utility may charge for any of these services. 5. The Utility will plan check the Applicant design project at Applicant's expense. 6. The Utility shall perform all the Utility's project accounting and cost estimating. E. Applicant Installation Options. 1. Competitive Bidding. Under competitive bidding, the Distribution Line Extension may be installed by Applicant's qualified contractor or sub-contractor in accordance with the Utility's design and specifications. Under this option, the following applies: a. Upon acceptance by the Utility, ownership of all such facilities will transfer to the Utility. b. Applicant shall pay to the Utility any Utility costs associated with the Distribution Line Extension, including the estimated costs of design, administration, and installation of any additional facilities and labor necessary to complete the Distribution Line Extension. c. Applicant shall pay to the Utility, as a non-refundable amount, the cost of inspection. d. Only duly authorized employees of the Utility are allowed to connect to, disconnect from, or perform any work upon the Utility's facilities. 2. Minimum Contractor Qualifications. Applicant's contractor or subcontractor (QC/S) shall: a. Be licensed in California for the appropriate type of work (electrical and general, etc.). 50 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES b. Employ workmen properly qualified for specific skills required (Qualified Electrical Worker, Qualified Person, etc.) as defined in State of California High Voltage Safety Orders (Title 8, Chapter 4, Subchapter 5, Group 2). c. Comply with applicable laws (Equal Opportunity Regulations, OSHA, EPA, etc.). 3. Other Contractor Qualifications. An Applicant for service who intends to employ a QC/S also should consider whether the QC/S: a. Is technically competent. b. Has access to proper equipment. c. Demonstrates financial responsibility commensurate with the scope of the contract. d. Has adequate insurance coverage (worker's compensation, liability, property damage, etc.). e. is able to furnish a surety bond for performance of the contract, if required. F. Special Conditions. 1. Facility Relocation or Rearrangement. Any relocation or rearrangement of the Utility's existing facilities, at the request of, or to meet the convenience of an Applicant or Customer, and agreed upon by the Utility, normally shall be performed by the Utility. Where new facilities can be constructed'in a separate location, before abandonment or removal of any existing facilities, and Applicant requests to perform the new construction work, it can be performed under the applicable provisions of Section E, Applicant Installation Options. In all instances, the Utility shall abandon or remove its existing facilities at the option of the Utility. Applicant or Customer shall be responsible for the costs of all related relocation, rearrangement and removal work. 2. Exceptional Cases. When the application of this role appears impractical or unjust to either party or the ratepayers, the Utility or Applicant may refer the matter to the Utilities Administrative Resources Manager of the Utility for a special ruling or for special condition(s), which may be mutually agreed upon. I. Definitions for Rule 15. Applicant: A person or agency requesting the Utility to deliver/supply electric service. Betterment: Facilities installed by Applicant at the request of the Utility in addition to those required under Section B.l.a. 5 1 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Cabling: Conductors (including cable-in-conduit, if used), connectors, switches, as required by the Utility for primary, secondmy, and service installations. Commercial Development: Two (2) or more enterprises engaged in trade or the furnishing of services, (e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes) located on a single parcel or on two (2) or mom contiguous parcels of land. Conduit: Ducts, pipes or tubes of certain metals, plastics and other materials acceptable to the Utility (i~cluding pull wires and concrete encasement where required) for the installation and protection of electric wires or cables. Contribution: In-kind services and the value of all property conveyed to the Utility at any time during the Utility's work on an extension which is part of the Utility's total estimated installed cost of its facilities, or cash payments not covered by Applicant's allowances. Distribution Line Extension: A new distribution facility of the Utility that is a continuation of, or branches from, the nearest available existing permanent Distribution Line (including any facility rearrangements and relocations necessary to accommodate the Distribution Line Extension) to the point of connection of the last service. The Utility's Distribution Line Extension includes converting an existing single-phase line to three-phase in order to furnish three-phase service to an Applicant, but excludes service transformers, Meters and services. Distribution Lines: Overhead ard underground facilities which are operated at distribution voltages, and which are designed to supply two (2) or more services. Distribution Trench Footage: The total trench footage used for calculating cabling costs. It is determined by adding the total length of all new and existing Trenching for the installation of underground primary and secondary Distribution Lines designed to supply two (2) or more services (excluding service trench footage under Rule 16). Excavation: All necessary Trenching, backfilling, and other digging to install Distribution Line Extension facilities, including furnishing of any imported backfill material and disposal of spoil as required, surface repair and replacement, landscape repair and replacement. Feeder Conduit: Conduit for such uses as part of a backbone system to provide for future anticipated load growth outside the subdivision involved, to provide for future anticipated load growth in the existing subdivision and the existing subdivisions in close proximity, to balance loads between substations, to interconnect the service to the subdivision with service to subsequent developments outside the subdivision, and to provide the flexibility and versatility of modifying or supplying emergency backup power to the area involved. Industrial Development: Two (2) or more enterprises engaged in a process which creates a product or changes material into another form or product and located on a single parcel or on two (2) or more contiguous parcels of land. 52 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Insignificant Loads: Small operating loads such as gate openers, valve controls, clocks, timing devices, fire protection equipment, alarm devices, etc. Intermittent Loads: Loads which, in the opinion of the Utility, are subject to discontinuance for a time or at intervals. Payment: Cash payment made to the Utility prior to the initiation of any work done by the Utility which is not covered by allowances. Permanent Service: Service which, in the opinion of the Utility, is of a permanent and established character. This may be continuous, intermittent, or seasonal in nature. Pole Line: Poles, cross-arms, insulators, conductors, switches, guy-wires, and other related equipment used in the construction of an electric overhead line. Protective Structures: Fences, retaining walls (in lieu of grading), sound barriers, posts, or barricades and other structures as required by the Utility to protect distribution equipment. Seasonal Service: Electric service to establishments which are occupied seasonally or intermittently, such as seasonal resorts, cottages, or other part-time establishments. Scenic Areas: An area such as a scenic highway, a state or national park or other area determined by a governmental agency to be of unusual scenic interest to the general public. Scenic highway~ are officially designated under the California Scenic Highway Program established pursuant to Paragraph 320 of the Public Utilities Code. State or national parks or other areas of unusual scenic interest to the general public are determined by the appropriate governmental agency. "In proximity to" shall mean within 1,000 feet from each edge of the right-of-way of designated scenic highways and from the boundaries of designated parks and scenic areas. "Visible from" shall mean that overhead distribution facilities could be seen by motorists or pedestrians traveling along scenic highways or visiting parks or scenic areas. Substructures: The surface and subsurface structures which are necessary to contain or support the Utility's electric facilities. This includes, but is not limited to, such things as splice boxes, Pull Boxes, equipment vaults and enclosures, foundations or pads for surface- mounted equipment. Trenching: See Excavation. 53 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Rule - Service Extensions APPLICABILITY: This rule is applicable to both (1) Utility Service FacilitiesI that extend from the Utility's Distribution Line facilities to the Service Delivery Point, and (2) service related equipment required of Applicant on Applicant's Premises to receive electric service. A. General. 1. Design. The Utility will be responsible for planning, designing, and engineering Service Extensions using the Utility's standards for design, materials and construction. Applicant may elect to design that portion of the new Service Extension normally designed by the Utility in accordance with the Applicant design provisions of Rule 15. 2. Service Facilities. The Utility's Service Facilities shall consist of (a) primary or secondary underground or overhead service conductors, (b)poles to support overhead service conductors, (c) service transformers, (d) Utility-owned Metering equipment, and (e) other Utility-owned service related equipment. 3. Ownership of Facilities. Service Facilities installed under the provisions of this rule shall be owned, operated, and maintained by the Utility if they are (a) located in the street, road or a public right-of-way area, (b) installed by the Utility under section D.2 below on Applicant's Premises for the purpose of the delivery of electric energy to Applicant, or (c) installed by Applicant under the provisions of this rule, and conveyed to the Utility. 4. Private Lines. The Utility shall not be required to connect Service Facilities to or serve any Applicant from electric facilities that are not owned, operated, anti maintained by the Utility. 5. Special or Added Facilities. Any Special or Added Facilities the Utility installs at the request of Applicant, will be installed at Applicant's expense in accordance with Rule 2. 6. Temporary Service Facilities. Service Facilities installed for Temporary Service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this rule, except that all charges and refunds shall be made under the provisions of Rule 13. 7. Street Lights. Street light services and appurtenant facilities shall be installed in accordance with the service provisions of the applicable street light schedule. 8. Cuntmcts. Each Applicant requesting service may be required to execute a written contract(s) prior to the Utility performing its work to establish service. Such contract(s) shall be in the form provided by the Utility or otherwise ~ Certain words beginning with capital letters are defined either within the provisions of this role or in Section H. 54 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES acceptable and approved by the Utility. This contract shall specify the size of the service connection desired, the property to be served and the purpose for which the electricity is to be used. The information supplied by the Applicant shall be considered as authoritative and final. If any error in the application causes the installation of a service connection that is improper either in type, size or location, the cost of all changes required shall be paid by the Applicant. 9. Distribution Line Extension. Whenever the Utility's Distribution System is not complete to the point designated by the Utility where the Service Extension is to be connected to the Utility's Distribution System, the extension of Distribution Line facilities will be installed in accordance with Rule 15. 10. Rights-of-Way. Rights-of-way or easements may be required by the Service Facilities on Applicant's property to serve only Applicant. a. Service Facilities. If the Service Facilities must cross property owned by a third party to serve Applicant, the Utility may, at its option, install such Service Facilities after appropriate rights-of-way or easements, satisfactory to the Utility, are obtained without cost to the Utility; or b. Distribution Line Extensions. If the Utility's facilities installed on Applicant's property, or third-party property, will be or are designed to serve adjacent property, then the Utility may, at its option, install its facilities under Rule 15, after appropriate rights-of-way or easements, satisfactory to the Utility, are obtained without cost to the Utility. c. Clearances. Any necessary rights-of-way or easements for the Utility's facilities shall have provisions to maintain legal clearances from adjacent structures. d. The Customer shall exercise reasonable care to prevent the facilities of the Utility upon the premises from being damaged or destroyed, and shall not relocate or otherwise interfere with them, and, if any defect is discovered, shall promptly notify the Utility. 11. Access to Applicant's Premises. The Utility shall, at all times, have the right to enter and leave Applicant's Premises for any purpose connected with the furnishing of electric, service (Meter reading, inspection, testing, routine repairs, replacement, maintenance, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under the Utility's Tariff Schedules. These rights include, but are not limited to: a. The use of a Utility-approved locking device, if Applicant desires to prevent unauthorized access to the Utility's facilities; b. Safe and ready access for Utility personnel free from unrestrained animals; c. Unobstructed ready access for the Utility's vehicles and equipment to install, remove, repair, or maintain its facilities; 55 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES d. Removal of any and all of its property installed on Applicant's Premises after the termination of service. 12. Service Connections. Only personnel duly authorized by the Utility are allowed to connect or disconnect service conductors to or from the Utility's Distribution Lines, remove Meters unless otherwise allowed pursuant to Utility Tariff Schedules, remove Utility-owned Service Facilities, or perform any work upon Utility-owned existing facilities. 13. Due to the long lead time for engineering, material acquisition, crew scheduling and construction, application for service must be made as far in advance as possible. After receipt of fees, service charges and deposits and clearance from the inspection agency having jurisdiction, the Utility shall endeavor to complete within a reasonable time the installation of the necessary facilities. However, the Utility shall not be liable for any delays encountered in completing the installation. 14. If, for any mason of the Applicant, installation of a service cannot be accomplished during standard working hours, the Applicant shall pay in advance the estimated cost of the Utility overtime, to the extent that it exceeds any costs included in other charges. 15. The Utility shall be obligated to provide facilities adequate to serve only the load initially specified and connected, regardless of the rating of the service equipment, service switch or breaker. Increased loads will be considered as new installations, and the Customer shall pay the net cost of any changes required in the Utility facilities and may be required to make specified changes in the service facilities or equipment to accommodate the increase load or the type of service to be supplied by the Utility. B. Metering Facilities. 1. General. a. Meter All Usage. Delivery of all electric power and energy will be metered, unless otherwise provided for by the Utility's Tariff Schedules or by other applicable laws. b. Meter Location. All Meters and associaied metering equipment shall be located at some protected location on Applicant's Premises as approved by the Utility. 2. Number of Meters. Normally only one Meter will be installed for a single non- residential enterprise on a single Premises, except: a. When otherwise required or allowed under the Utility's Tariff Schedules. b. At the option of and as determined by the Utility, for its operating convenience, consistent with its engineering design; or 56 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES c. When required by law or local ordinance; d. When additional services are granted by the Utility. A single Meter is required for each single enterprise operating in one building or group of buildings or other development on a single Premises such as, but not limited to, a commercial business, school campus, industrial manufacturer, or Recreational Vehicle Park, unless otherwise approved by the Utility. 3. Multiple Occupancy. In a building with two or more tenants, or where more than one Meter is furnished on the same Premises, the Meters normally shall be grouped at one central location, or as otherwise specified by the Utility, and each Meter position or socket shall be clearly and penmnently marked by Applicant, Customer, or owner of the Premises to indicate the particular unit, occupancy, or load supplied by it. a. Non-residential. For revenue billing, electric service shall be individually metered to each tenant in a non-residential building or group of buildings or other development on a single Premises with multiple tenants or enterprises (such as, but not limited to, an office building or shopping center complex). Alternative metering arrangements as determined by the Utility may be allowed only as specified in Rule 18 and applicable Rate Schedules. C. Service Extensions. 1. General Location. The location of the Service Extension shall extend: a. Public Right-of-way Area: From the point of connection at the Distribution Line to Applicant's nearest property line abutting upon any street, highway, road, or right-of-way, along which it already has, or will install distribution facilities; and b. Private Party: On private property, along the shortest, most practical and available route (clear of obstructions) as necessary to reach a Service Delivery Point designated by the Utility. 2. Number of Service Extensions. The Utility will not normally provide more than one Service Extension, including associated facilities, either overhead or underground for any one building or group of buildings, for a single enterprise on a single Premises, except: a. Tariff Schedules. Where otherwise allowed or required/ruder the Utility's Tariff Schedules; or b. Utility Convenience. At the option of and as determined by the Utility, for its operating convenience, consistent with its engineering design for different voltage and phase classification, or when replacing an existing service; or 57 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES c. Ordinance. Where required by City of Rancho Cucamonga ordinarce or other applicable law, for such things as fire pumps, fire alarm systems, etc. d. Other. The Utility may charge for additional services provided under this paragraph, as Special or Added Facilities. 3. Underground Installations. a. Underground Service Mandatory. Installation of electric service facilities for all new services shall be underground and installed according to applicable Tariff Schedules, laws, City of Rancho Cucamonga ordinances, underground structure standards, and Utility plans and specifications supplied for each specific installation. 1. The requirement of this section may be waived if technical or physical conditions make underground installation infeasible in the Utility's judgment. 4. Overhead Installations. a. Overhead Service Extensions will be allowed only when underground service is not feasible in the Utility's judgment as specified in Section C.3.a. 1 above. But, the Customer may be required to provide Utility approved facilities to accommodate future conversion to underground service. b. The Applicant shall provide a suitable location for the termination of the overhead service wires. The location of the termination is subject to approval of the Utility and any inspection authority having jurisdiction and must meet all applicable codes. c. Overhead service wires shall in all cases be furnished and installed by the Utility. The Applicant shall install the service entrance conductors from the point of termination of the Utility's service wires to the Applicant's meter or switchgear lugs. 5. Unusual Site Conditions. In cases where Applicant's building is located a considerable distance from the available Distribution Line or where there is an obstruction or other deterrent obstacle or hazard such as plowed land, ditches, or inaccessible security areas between the Utility's Distribution Line and Applicant's building or facility to be served that would prevent the Utility fi.om prudently installing, owning, and maintaining its Service Facilities, the Utility may at its discretion, waive the normal Service Delivery Point location. In such cases, the Service Delivery Point will be at such other location on Applicant's property as may be mutually agreed upon; or, alternatively, the Service Delivery Point may be located at or near Applicant's property line as close as practical to the available Distribution Line. D. Responsibilities for New Service Extensions. Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 1. Applicant Responsibility. In accordance with the Utility's design, specifications, and requirements for the installation of Service Extensions, subject to the Utility's inspection and approval, Applicant is responsible for: a. Service Extensions. (1) Clear Route. Providing (or paying for) a route on any private property that is clear of obstructions which would inhibit the construction of either underground or overhead Service Extensions. (2) Excavation. All necessary Trenching, backfilling, and other digging as required including permit fees. (3) Conduit and Substructures. (a) Furnishing, installing, owning, and maintaining all Conduits (including pull ropes) and Substructures on Applicant's Premises. (b) Installing (or paying for) any Conduits and Substructures in Utility's Franchise Area (or rights-of-way, if applicable) as necessary to install the Service Extension (c) Conveying ownership to the Utility upon its acceptance of those Conduits and Substructures not on Applicant's Promises. (4) Protective Structures. Furnishing, installing, owning, and maintaining all necessary Protective Structures as specified by the Utility for Utility's facilities on Applicant's Promises. b. Applicant's Facility Design and Operation. Applicant shall be solely responsible to plan, design, install, own, maintain, and operate facilities and equipment beyond the Service Delivery Point (except for Utility- owned metering facilities) in order to properly receive and utilize the type of electric service available from the Utility. Refer to Rule 2 for a description, among other things, off (1) Available service delivery voltages and the technical requirements and conditions to qualify for them; (2) Customer utilization voltages; (3) Load balancing requirements; (4) Requirements for installing electrical protective devices; (5) Loads that may cause service interference to others; and 59 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES (6) Motor starting limitations. c. Required Service Equipment. Applicant shall, at its sole liability, risk, and expense, be responsible to fumish, install, own, maintain, inspect, and keep in good and safe condition, all facilities of any kind or character on Applicant's Premises that are not the responsibility of the Utility but are required by the Utility for Applicant to receive service. Such facilities shall include but are not limited to the overhead or underground termination equipment, Conduits, service entrance conductors from the Service Delivery Point to the location of the Utility's metering facilities, connectors, Meter sockets, Meter and instrument transformer housing, service switches, circuit breakers, fuses, relays, wire ways, metered conductors, machinery and apparatus of any kind or character. Detailed information on the Utility's service equipment requirements will be furnished by the Utility. d. Coordination of Electrical Protective Devices. When, as determined by the Utility, Applicant's load is of sufficient size as to require coordination of response time characteristics between Applicant's electrical protective devices (circuit breakers, fuses, relays, etc.) and those of the Utility, it shall be Applicant's responsibility to provide such coordination in accordance with Rule 2. e. Liability. The Utility shall incur no liability whatsoever, for any damage, loss or injury occasioned by: (1) Applicant-owned equipment or Applicant's transmission and delivery of energy; or (2) The negligence, omission of proper protective devices, want of proper care, or wrongful act of Applicant, or any agents, employees, or licensees of Applicant, on the part of Applicant in installing, maintaining, using, operating, or interfering with any such conductors, lines, machinery, or apparatus. f. Facility Tampering. Applicant shall provide a suitable means acceptable to the Utility for placing its seals on Meter rings and covers of service enclosures and instrument transformer enclosures which protect unmetered energized conductors installed by Applicant. All Utility-owned Meters and enclosure covers will be sealed only by the Utility's authorized employees and such seals shall be broken only by the Utility's authorized employees. However, in an emergency, the Utility may allow a public authority or other appropriate party to break the seal. Any unauthorized tampering with Utility-owned seals or connection of Applicant-owned facilities to unmetered conductors at any time is prohibited and is subject to the provisions of Rule 11 for Unauthorized Use. 60 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES g. Transformer Installations on Applicant's Premises. Transformer installations on Applicant's Premises shall be as specified by the Utility and in accordance with the following applicable provisions: (1) Space for Transformers. Applicant shall provide space on Applicant's Premises at a location approved by the Utility for a standard transformer installation including any necessary switches, capacitors, and electric protective equipment where required if (a) in an overhead area, the Utility determines that the load to be served is such that a separate transformer installation, or (b) if the Utility determines that the installation of a pad mounted or subsurface transformer of any size is required on Applicant's Premises to serve only Applicant. (2) Pad Mounted Equipment. In the Utility's standard installation, Applicant shall furnish, install, own, and maintain, at its expense, Substructures and any required Protective Structures as specified by the Utility for the proper installation of the transformer, switches, capacitors, etc., as determined by the Utility. (3) Transformer Room or Vault. Where Applicant requests and the Utility approves the installation of the transformer(s) in a vault or room on Applicant's Premises, rather than the Utility's standard pad mounted installation: (a) The room or vault on Applicant's Premises shall be furnished, installed, owned, and maintained by Applicant and shall meet the Utility's specifications for such things as access, ventilation, drainage, grounding system, etc. (b) If space cannot be provided on Applicant's Premises for the installation of a transformer on either a pad or in a room or vault, a vault will be installed at Applicant's expense in the street near the property line. It shall be Applicant's responsibility to install (or pay for) such vault if not restricted by governmental authority having jurisdiction, and Applicant shall convey ownership of the vault to the Utility upon its acceptance. The additional facilities shall be treated as Special or Added Facilities under the provisions of Rule 2. (c) if the Utility's installed cost for the transformer in the room or vault is more costly than the standard pad mounted transformer installation, the additional costs shall be paid by Applicant as Special or Added Facilities. (5) Transformer Lifting Requirements. Where the Utility has installed or agrees to install, transformers at locations where the Utility cannot use its standard transformer lifting equipment and special 61 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES lifting facilities are required to install or remove the transformers on Applicant's Premises, Applicant shall, at its expense, (a) furnish, install, own, and maintain permanent lifting facilities and be responsible for lifting the transformer to and from its permanent position, or (b)provide (or pay for) portable lifting facilities acceptable to the Utility for installing or removing the transformers. Rights-of-way and space provisions shall be provided by Applicant such that access and required clearances from adjacent stmcturcs can be maintained. The Utility may require a separate contract for transformer lifting requirements. (6) Overhead Transformers. In remote areas or in areas not zoned for residential or commercial use or for underground services, pad mounted transformers are preferred for installation on Applicant's Premises; however, where the Utility determines that it is not practical to install a transformer on a pad, in a room or vault, the Utility may furnish a pole-type structure for an installation not exceeding 500 kVA. h. Building Code Requirements. Any service equipment and other related equipment owned by Applicant, as well as any vault, room, enclosure, or lifting facilities for the installation of transformers shall conform with applicable laws, codes, and ordinances of all governmental authorities having jurisdiction. i. Reasonable Care. Applicant shall exercise reasonable care to prevent the Utility's Service Extension, other Utility facilities, and Meters owned by the Utility or others on the Applicant's Premises from being damaged or destroyed, and shall refrain from interfering with the Utility's operation of the facilities and shall notify the Utility of any obvious defect. Applicant may be required to provide and install suitable mechanical protection (barrier posts, etc.) as required by the Utility. 2. Utility Responsibility. a. Service, Meter and Transformers. The Utility will furnish, install, own, and maintain the following Service Facilities as applicable after Applicart meets all requirements to receive service: (1) Underground Service. A set of service conductors to supply permanent service from the Distribution Line source to the Service Delivery Point approved by the Utility. (2) Riser Materials. Any necessary pole riser material for connecting underground services to an overhead Distribution Line. (3) Overhead Service. A set of overhead service conductors and support poles to supply permanent service from a Distribution Line source to a suitable support at the Service Delivery Point approved 62 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES by the Utility. Such support shall be of a type and located such that service wires may be installed in accordance with good engineering practice and in compliance with all applicable laws, ordinances, roles, and regulations including those governing clearances and points of attachment. (4) Metering. When the Meter is owned by the Utility, the Utility will be responsible for the necessary instrument transformers where required, test facilities, Meters, associated metering equipment, and the metering enclosures when the Utility elects to locate metering equipment at a point that is not accessible to Applicant. (5) Transformer. The transformer where required, including any necessary switches, capacitors, electrical protective equipment, etc. When either a pad mounted or overhead transformer is installed on Applicant's Premises, the Service Extension shall include the primary conductors from the connection point at the distribution supply line to the transformer and the secondary conductors, if any, from the transformer to the Service Delivery Point. b. Special Conduit Installations. The Utility shall own and maintain service Conduits only if: (1) they are located in the same trench with distribution facilities, and (2) when it is necessary to locate Conduits on property other than that owned by Applicant, as determined by the Utility, or as may be required by local authorities. c. Cable-In-Conduit. In those cases where the Utility elects to install its service conductors using pre-assembled cable-in-conduit (CIC), the conduit portion will be considered a part of the conductor installation provided by the Utility. d. Government Inspection. The Utility will establish electric service to Applicant following notice from the governmental authority having jurisdiction that the Applicant-owned facilities have been installed and inspected in accordance with any applicable laws, codes, ordinances, rules, or regulations, and are safe to energize. 3. Installations Options. a. Utility-Performed Work. Where requested by Applicant and mutually a~eed upon, the Utility may perform that portion of the new Service Extension work normally the responsibility of Applicant according to Section D.1 above provided Applicant pays the Utility its estimated installed cost. h. Applicant-Performed Work. Under competitive bidding, the Applicant may install that portion of the new Service Extension normally installed and owned by the Utility in accordance with the same provisions outlined in Rule 15. 63 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES E. Payments by Applicant. 1. Applicant is responsible to pay the Utility in advance of the Utility commencing its work: a. Pole Riser. The Utility's estimated installed costs of any riser materials on its poles. b. The Utility's total estimated installed cost (including appurtenant facilities, such as connectors, service conductors, service transformers, metering equipment, and the conduit portion of CIC cable). c. Other. The Utility's total estimated installed cost for any work it performs that is Applicant's responsibility or performs for the convenience of Applicant. F. Existing Service Facilities. 1. Service Reinforcement. a. Utility Owned. When the Utility determines that it's existing Service Facilities require replacement, the existing Service Facilities shall be replaced as a new Service Extension under the provisions of this rule. b. Applicant-Owned. When the Utility determines that existing Applicant- owned Service Facilities (installed under a prior rule) require replacement, such replacement shall be accomplished under the provisions for a new Service Extension, except that if the Utility determines that any portion of Applicant's existing service conductors can be utilized by the Utility, Applicant will convey any such usable part to the Utility and an appropriate credit by the Utility may be allowed to Applicant. Applicant will replace or reinforce that portion of the Service Extension which Applicant will continue to own under the provisions of this rule for new services. 2. Service Relocation or Rearrangement. a. Utility Convenience. When, in the judgment of the Utility, the relocation or rearrangement of a service, including Utility-owned transformers, is necessary for the maintenance of adequate service or for the operating convenience of the Utility, the Utility normally will perform such work at its own expense, except as provided in Sections F.2.b. and F.5. b. Applicant Convenience. Any relocation or rearrangement of the Utility's existing Service Facilities at the request of Applicant (aesthetics, building additions, remodeling, etc.) and agreed upon by the Utility shall be performed in accordance with Section D above except that Applicant shall pay the Utility its total estimated costs. 64 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES In all instances, the Utility shall abandon or remove its existing facilities, at the option of the Utility, rendered idle by the relocation or rearrangement. 3. Impaired Access and Clearances. Whenever the Utility determines that: a. Access. Its existing Service Facilities have become inaccessible for inspecting, operating, maintenance, Meter reading, or testing; or b. Clearances. A hazardous condition exists or any of the. required clearances between the existing Service Facilities and any object becomes impaired under any applicable laws, ordinances, Rules, or regulations of the Utility or other public authorities, then the following applies. c. Corrective Action. Applicant or owner shall, at Applicant's or owner's expense, either correct the access or clearance infractions or pay the Utility its total estimated cost to relocate its facilities to a new location which is acceptable to the Utility. Applicant or owner shall also be responsible for the expense to relocate any equipment which Applicant owns and maintains. Failure to comply with corrective measures within a reasonable time may result in discontinuance of service. 4. Overhead to Underground Service Conversions. a. Where an existing overhead Distribution Line is replaced by an underground Distribution System, new underground services will be installed under Rule 16. b. Applicant Convenience Where overhead services are replaced by underground services for Applicant's convenience, Applicant shall perform all Excavation, furnish and install all Substructures, and pay the Utility its total estimated installed cost to complete the new service and remove the overhead facilities. 5. Damaged Facilities. When the Utility's facilities are damaged by others, the repair will be made by the Utility at the expense of the party responsible for the damage. Applicants are responsible for repairing their own facilities. 6. Subdivision of Premises. When the Utility's Service Facilities are located on private property and such private property is subsequently subdivided into separate Premises with ownership divested to other than Applicant or Customer, the subdivider is required to provide the Utility with adequate fights-of-way satisfactory to the Utility for its existing facilities and to noti~' property owners of the subdivided Premises of the existence of the fights-of-way. When adequate rights-ofqway are not granted as a result Of the property subdivision, the Utility shall have the right, upon written notice to Applicant, to discontinue service without obligation or liability. The existing owner, Applicant, or Customer shall pay to the Utility the total estimated cost of any required relocation or removal of the Utility's facilities. A new electric service will be re- 65 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES established in accordance with the provisions of Section D above for new service and the provisiom of any other applicable Utility Rules. G. Exceptional Cases. When the application of this role appears impractical or unjust to either party, or ratepayers, the Utility or Applicant may refer the matter to the Utilities Administrative Resources Manager tbr a special ruling or for approval of special conditions which may be mutually agreed upon. H. Service Design and Engineering. Service designs, plans and estimates to determine service charges or deposits, will not be initiated by the Utility until it has reasonable assurance that the Applicant's project will be built. This assurance is normally taken as the issuance of a building permit. Should the Applicant desire these service plans and the amount of charges at an earlier time, the Applicant may pay a deposit for early design as determined by the Utility. The design work will then be scheduled along with all other eligible Applicant. A deposit for early design will be credited to the cost of the design and installation of the service or refunded as appropriate. The cost of multiple designs to explore options or redesigns required by changes beyond the control of the Utility shall be paid by the Applicant. I. Definitions for Rule 16. Applicant: A person or agency requesting the Utility to supply electric service. Conduit: Ducts, pipes, or tubes of certain metals, plastics or other materials acceptable to the Utility (including pull wires and concrete encasement where required) for the installation and protection of electric wires and cables. Distribution Lines: The Utility's overhead and underground facilities which are operated at distribution voltages as set forth in the Utility's Rule 2 and which are designed to supply two (2) or more services. Excavation: All necessary Trenching, backfilling, and other digging as required to install Service Extensions including furnishing of any imported backfill material, concrete encasement to protect conduit, and disposal of spoil as required, surface repair and replacement, landscape repair and replacement. Insignificant Loads: Small operating loads such as gate openers, valve controls, clocks, timing devices, fire protection equipment, alarm devices, etc. Intermittent Loads: Loads which, in the opinion of the Utility, are subject to discontinuance for a time or at intervals. Premises: All of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi-public institutions, by a dedicated street, highway or public 66 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES thoroughfare or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. Protective Structures: Fences, retaining walls (in lieu of grading), sound barriers, posts, barricades and other structures as required by the Utility. Seasonal Service: Electric service to establishments which are occupied seasonally or intermittently, such as seasonal resorts, cottages, or other part-time establishments. Service Delivery Point: Where the Utility's Service Facilities are connected to either Applicant's conductors or other service termination facility designated and approved by the Utility. Service Extension: The overhead and underground primary or secondary facilities (including, but not limited to Utility-owned Service Facilities and Applicant-owned service facilities) extending from the point of connection at the Distribution Line to the Service Delivery Point. When an underground Service Extension is supplied from a Utility-designated overhead pole, the beginning point of connection to the Utility's Distribution Line shall be where the Service Extension is connected to the Utility's overhead Distribution Line conductors. Substructures: The surface and subsurface structures which are necessary to contain or support the Utility's electric facilities. This includes but is not limited to splice boxes, Pull Boxes, equipment vaults and enclosures, foundations or pads for surface-mounted equipment. 67 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Rule 7 = Adjus men of Bills and Me er Tests A. General. Estimated Usage: When regular, accurate Meter readings are not available or the electric usage has not been accurately measured, Utility may estimate the Customer's energy usage for billing purposes on the basis of information including, but not limited to, the physical condition of the metering equipment, available Meter readings, records of historical use, and the general characteristics of the Customer's load and operation. B. Meter Tests. 1. Prior to Installation. Every Meter will be tested at or prior to the time of installation, and no Meter will be placed in service if found to register more than one percent (1%) fast or one percent (1%) slow. 2. On Customer Request. A Customer may, on notice of not less than one week, require the Utility to test the Meter for the Customer's service. No charge will be made for such test, but should a Customer demand a test within four (4) months after installation or more often than once in twelve (12) months, a deposit will be required to cover the cost of the test. This deposit will be returned if the Meter is found to register more than two percent (2%) fast or two percent (2%) slow. The amount of the deposit will be dependent on the type of Meter to be tested. A Customer shall have the right to require the Utility to conduct the test in the Customer's presence or in the presence of an expert or other representative appointed by the Customer. The results of the test will be furnished to the Customer within a reasonable time after completion of the test. C. Adjustment of Bills for Meter Error. A Meter Error is incorrect kilowatt-hour, kilovar-hour, or demand registration resulting from a malfunctioning or defective Meter. It does not include Billing Error, Unauthorized Use, or an error in registration caused by Meter tampering by an unauthorized person. It also does not include conditions such as grounds, shorts, incorrect Meter readings, Meter dial-overs, improper load wiring (including other Customers' circuits connected to the wiring), accounting errors, switched Meters, improper Customer wiring, blown fuse in one energized conductor, or incorrect Meter sizing. Where, as the result of a Meter test, a Meter is found to be non-registering or incorrectly registering, Utility may render an adjusted bill to the Customer for the amount of the undercharge, and shall issue a refund or credit to the Customer for the amount of the overcharge, computed back to the date that Utility determines the Meter Error cormnenccd, except that the period of adjustment shall not exceed three (3) years. Such adjusted bill shall be computed in accordance with the following: 68 Effective Date: Novem'oer 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 1. Fast Meters. When any Meter is tested and found to be registering more than two percent (2%) fast, the Utility will refund to the Customer the amount of the overcharge, based on corrected Meter readings or Utility's estimate of the energy usage either for the known period of Meter Error or, if the period of error is not known, for the period during which the Meter was in use, not to exceed three (3) years. 2. Slow Meters. If a Meter is found to be registering more than two percent (2%) slow, Utility may bill the Customer for the amount of the undercharge based on corrected Meter readings or Utility estimate of the energy usage either for the known period of Meter Error or, if the period of Meter Error is not known for the period the Meter was in use, not exceeding three (3) years for all services. 3. Non-registering Meters. When any Meter is tested and found to be non- registering, the Utility may bill the Customer for the estimate of electricity consumed but not registered, not exceeding three (3) years for all service. Bills for this purpose will be estimated by the Utility. D. Adjustment of Bills for Billing Error. A Billing Error is an error by Utility that results in incorrect billing charges to the Customer. Billing Errors may include incorrect Meter reads or clerical errors by a Utility representative such as ~pplying the wrong rate, wrong billing factor, or an incorrect calculation. Billing Error does not include a Meter Error or Unauthorized Use, nor any error in billing resulting from Meter dial over caused by other than Utility; switched or mi~marked Meters by other than Utility;- improper Customer wiring; blown fuse in one energized conductor; inaccessible Meter; failure of the Customer to notify Utility of changes in the Customer's equipment or operation; or failure of the Customer to take advantage of a rate or condition of service or which the Customer is eligible. Where Utility overcharges or undercharges a Customer as the result of a Billing Error, Utility may render an adjusted bill for the amount of the undercharge, and shall issue a refund or credit ~ the Customer for the amount of the overcharge for the period of the billing error, but not exceeding three (3) years in the case of an ovemharge, and, in the case of an undemharge, not exceeding three (3) years for all services. E. Adjustment of Bills for Unauthorized Use. Unauthorized Use is the use of energy in noncompliance with Utility's tariffs or applicable law. It includes, but is not limited to Meter tampering, unauthorized connection or reconnection, theft, fraud, intentional or unintentional use of energy whereby Utility is denied full compensation for electric service provided. Where the Utility determines that there has been Unauthorized Use of electric service, Utility may bill the Customer for Utility's estimate of such Unauthorized Use. However, such estimated bill shall indicate Unauthorized Use for the most recent three (3) years and, separately, Unauthorized Use beyond the three-year period for collection as provided by law. 69 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Nothing in this Rule shall be interpreted as limiting Utility's rights under any provision of any applicable law. 1. Actual Usage. If accurate Meter readings from a remote check Meter are available for the Unauthorized Use period, they will be used for billing purposes. 2. Estimated Usage. If the electric usage has not been accurately measured, Utility may estimate the energy usage for billing purposes. The basis for the estimate may include, without limitation, the physical condition of the Metering equipment, available Meter readings, records of historical use, or the general characteristics of the load and operation of the Customer or person being billed, with consideration of any appropriate seasonal adjustment. Estimated bills for the Unauthorized Use period may be determined by Utility based on one or more of the following, without limitation: a. Accurately-metered use from a remote check Meter during the Unauthorized Use period; b. The known percent error in metering attributable to the Unauthorized Use; c. Accurately-metered use prior to the onset of the Unauthorized Use; d. The equipment and hours of operation of the Customer or person being billed; e. Accurately-measured subsequent use of thirty (30) days or more (if available); f. Annual use profile of at least five (5) Customers with similar Connected Load, Premises load profiles, hours or energy use, etc. (pement of annual use); or g. Other reasonable and supportable billing methodology when none of the aforementioned billing techniques are appropriate under the circumstances. 3. Recovery of Associated Costs. Utility may recover from the Customer the associated costs resulting from the Unauthorized Use including both investigative and equipment damage costs. Investigative costs include time and material spent for investigation, bookkeeping, film and film development, and other costs of gathering evidence. Equipment damage costs include the cost of replacing the Utility-owned equipment damaged by the Customer. 70 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 4. Discontinuance of Service. In accordance with the provisions of Rule 11, where Utility determines Unauthorized Use is occurring, Utility may refuse or discontinue service without further notice. If any part of the Customer's wiring or any other equipment, or the use thereof, is determined by Utility or any other authorized public agency to be unsal~ or in violation of applicable laws, ordinances, roles or regulations of public authorities, or is in such condition as to endanger Utility Service Facilities, Utility may discontinue service without further notice. Utility may also discontinue service in accordance with the provisions of its tariffs, for nonpayment of a delinquent billing for Unauthorized Use and for associated costs, including nonpayment under an amortization agreement. F. Limitation on Adjustment of Bills for Energy Use. For any error h billing not defined as Billing Error, Meter Error, or Unauthorized Use, Utility is not required to adjust the bill. However, any billing adjustment not specifically covered in the tariffs for an undercharge or overcharge shall not exceed three (3) years. 71 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Rule 48 - Supply Premises and Resale A. Separate Metering. A separate meter is required for service to each Premise, nor will the electric loads of such separately metered Premises be aggregated physically, electronically or otherwise except as may be specifically provided for in the Rate Schedule. B. Nonresidential Loads. In accordance with Rule 16, electric service shall be individually metered to each tenant in a non-residential building or group of buildings or other development on a single premises with multiple tenants or enterprises. However, where, in the opinion of the Utility, it is impractical to meter each tenant individually or where the City Council has authorized the Utility to supply electric service through a single meter, the Utility may provide service through a single meter subject to the provisions of Sections E and F below. C. Other Uses or Premises. A Customer shall not use electricity received from the Utility upon other Premises, except for Utility's operating convenience, nor for other purposes than those specified in the Customer's Application or in the Rate Schedule applied. D. Customer with Multiple Service Accounts/Meters at a Single Premises. When a Customer (single enterprise) occupies a single Premises with multiple service accounts/Meters, the readings of such Meters shall not be combined for billing purposes except as provided for in Rule 9. However, if the Customer physically aggregates the electric loads of such multiple service accounts/Meters into a single service account (master-Meter), the account will be provided service under an applicable Rate Schedule. E. Use by Others. A Customer shall not charge for electricity received from the Utility and used by any other person, except: 1. Where the charge to temnts is absorbed in the rental for the premises of space occupied; or 2. Where the charge to non-domestic tenants is absorbed in the rental for the Premises or space occupied, is not separately identified, and does not vary with electrical usage; 72 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES 3. As provided in Section E below. All energy use, including use by others, supplied through a single Utility Meter is the responsibility of the Customer of record. F. Resale of Electricity. Resale of electricity or submetering of electricity for the purpose of resale is prohibited, except as provided for under Section D above. Such service shall only be supplied at rates not in excess of those prescribed in the Utility's rate schedule for like service and pursuant to a Sub-Metering Agreement between Customer and the Utility. Violation of any provision of this Rule shall result in discontinuance of electricity or refusal to provide service, in accordance with Rule 11. 73 Effective Date: November 3~ 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Ru e 49 - Jffii y's Righl of Access The Utility shall at times have the right of safe ingress to, and egress from, the Customer's promises at all reasonable hours for any purpose reasonably connected with the furnishing of electric energy and the exemise of any and all rights secured to it by law, or these Electric Rules. The Customer is mspomible for providing and maintaining unobstructed access for the Utility to all Utility owned facilities located on the Premises. Failure to permit access and allow work on the Utility's facilities are grounds for termination of service. This work includes periodic reading of meters, maintenance or replacement of primary, secondary, service and metering facilities, tree trimming, and other necessary work on the Utility's electrical facilities including removal after termination of service. If safe access to the meter is not provided for any mason including without limitation locked doors, fences, insufficiently restrained pets or vegetation, the Utility will notify the Customer of access problems via door hanger at monthly scheduled read date. If the Utility is required to make an appointment or other arrangement to mad the meter mom than once during any 12-month period, a charge will be made for each appointment thereafter. Repeated failure to provide access may result in installation of Remote Metering devices at the Utility's option. A service charge may be assessed for remote Metering devices as noted in Appendix A. 74 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Ru~e 20 - Temporary Turn=on and Turn-off of Electric Service for Repair A. Temporary Turn-on or Turn-off for Repair Temporary turn on or turn off of electric service for the purpose of allowing the Customer to make repairs or changes to wiring will normally be done by the Utility during normal working hours. Normal working hours are 8:00 a.m. to 4:00 p.m., Monday through Friday. There will be no charge for up to an hour of time. A charge will be made for each additional hour or fraction thereof. If this service is required outside normal working hours, the minimum charge will be as noted in Appendix A. The above charge will also apply if the Customer calls for emergency restoration of service during other than normal working hours, and it is determined that the problem is on the Customer's side of the meter and is therefore the Customer's responsibility. 75 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Rule 24 - Energy Diversion A. General Energy diversion is presumed to be caused by the Customer receiving the benefit of service from the diversion. B. Utility's Right to Discontinue Service Whenever the Utility has determined that energy diversion is occurring or a hazardous condition exists at a given location, the Utility shall investigate and may disconnect the service immediately. C. Restoration of Service In order to restore service discontinued under the provision of Section B above, the Customer shall be required to pay, in advance, all of the following: 1. Minimum fee plus material or time plus material, whichever is higher. 2. Charges for estimated usage during the period in which the energy diversion occurred, based on provisions of Rule No. 9. 3. Charges for discontinuance and restoration of service as covered in Rule No. 11, payments of deposits and the entire current bill. D. Appeal by Customer Any portion of the charges set forth in this role that is disputed by the Customer may be appealed pursuant to the provisions of Rule No. 10. E. Theft of Service The Customer benefiting from diversion shall be assessed a fee to make the Utility whole for labor and materials involved in investigating and making any required corrections. 76 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Appendix A - Electric Fees and Charges Schedule Applicability Applicable to all classes of service as provided in accordance with the Electric Service Rules. Does not supersede any fees and charges listed in the rules which are not included on this schedule. Rule Number Description Fee Amount 7 Minimum Deposit Greater of twice estimated average monthly bill or $100 7 Minimum DepositYRecormection Greater of three times the estimated average monthly bill or $100 7 Service Turn-on Charge $20 next day $35 same day $50 after hours 7 Special Appointment Turn-On Charge added $10 to applicable fee (Does not apply to the normal 4- hour window appointment) 9 Late Payment Charge 0.9% per month of total unpaid balance 9 Return Check Charge In accordance with City of Rancho Cucan~nga Ordinance 11 Fund Verification Fee $5.00 Trip charge for additional field visits (cut-of $15.00 for non pay, etc.) 17 Meter Test~Second Request Within One Year $100 paid in advance (if error Period is found, fee will be refunded) 17 Re-Read/second request within six months $25 (if error is found fee will be refunded) 19 Appointment based meter reads $25 19 Monthly rental of Remote Metering to resolve $2.50 per month access issues 20 Temporary Turn On or Tm Off of electric $95 per hour or faction thereof service for repair (normal working hours) first aggregate hour is free 20 Temporary Turn On or Tum Off of electric $130 per hour or faction service for repair (after normal working thereof hours) 21 Cost to investigate energy diversion Higher of $150 plus material or time and material 77 Effective Date: November 3, 2004 RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC SERVICE RULES Appendix E~ - Electric ~a~es and Tariffs 78 Effective Date: November 3, 2004