Lower Valley Energy, Inc.
Rules and Regulations
- Electric as filed with the Wyoming Public Service Commission with
changes through August 29, 1995
SECTION 1 - PURPOSE
A. These Rules and
Regulations apply to each and every consumer/member. They are a part of
every contract for service made by the Cooperative, unless modified by
special terms written therein, and govern all classes of service in
concert with tariffs filed with the Wyoming Public Service Commission
and other regulations adopted by governmental agencies having authority.
B. Lower Valley is a rural electric Cooperative enterprise that is owned
by its consumer/members, whose purpose is to provide quality services to
its consumer/members.
C. It is the intent and purpose of the service and extension policies to
insure that all consumer/members of the Cooperative receive uniform and
equitable consideration and treatment.
D. The consumer/member is defined as the person or persons, partnership,
corporation or other entity that has the legal responsibility for
payment of the bill for service.
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SECTION 2 - APPLICATION FOR SERVICE
A. Membership and Service:
Each prospective consumer-member requesting electric service shall sign
the Cooperative's Application for Membership, and supply the Cooperative
with such credit references as may be requested. There is no membership
fee.
B. Line extension contracts: When a new service or a service upgrade is
requested the member may be required to sign a contract which will
describe the type of service and guarantee an annual minimum charge for
five (5) years, before the service is made available. For new services
to be installed on property not owned by the person requesting service,
the contract guarantee the annual minimum charge shall be signed by the
property owner.
C. Special Agreements: In the event of large or special investments
required to provide service, an agreement for a term longer than the
normal five (5) years or special guarantee of revenue may be required.
D. Right to Reject: The Cooperative reserves the right to reject any
application for service not available under its rate schedules, or which
involves excessive cost, or which might affect the supplier of service
to others, or for other good and sufficient reasons.
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SECTION 3 - CLASSIFICATION OF CONSUMER/MEMBERS
A. Service shall be
classified for the purpose of determining the applicable rate schedule
in accordance with the nature of the consumer/member's establishment.
B. A Residential Service shall be defined as service to a single private
house, apartment, house trailer, flat or other living quarters occupied
by a person or persons constituting a distinct household. It shall
include any private garage adjacent to, connected with and used
exclusively by the resident. The residential rate shall not apply to the
following types of establishment, service to which shall be classified
as commercial: types of establishment, service to which shall be
classified as commercial: hotels, recognized rooming houses, clubs,
orphanages, homes for the aged or indigent, tourist camps and cabins for
transient guests, schools and churches, or where there are more than one
distinct household being served through one meter.
C. A Farm Service shall be defined as service at one point of connection
to a single farm house occupied by a person or persons constituting a
distinct household, together with its adjacent farm buildings and barn
equipment. A service to farm buildings and barn equipment or other farm
related equipment shall also be considered a farm service. If two or
more residences are located on the same farm each shall be served
separately.
1. If three phase service is required on the farm, it will be
furnished in accordance with the applicable rate for three phase
service. In such cases, all farm and home usage may be included in the
three phase service, or if the consumer prefers, a separate service
for single phase may be installed.
D. A Commercial Service shall be defined as service at a single point of
connection, to any business enterprise (other than a farm), guest ranch,
lodge, club, school, church, trailer court or any organization or
institution. Service may be used for all purposes including lighting and
power and will be furnished under the rate for Commercial Service.
E. Combination Residential and Commercial Service: A member having his
residence and place of business on the same premises may receive service
for both through a single meter which may be classified as residential
if all three of the following conditions are met: (a) the floor area
occupied by the business is less than fifty percent (50%) of the total
area and (b) the estimated or metered electric consumption used by the
business is less than fifty percent (50%) of the total kilowatt hours
consumed each month and (c) if not more than one paid employee is
employed in the business on the premises. All other combination
residential- commercial services shall be classified as commercial. If
the member prefers he may obtain residential service for his residence
and provide a separate meter for his place of business.
F. Distinction between Farm and Commercial Service: Farm service shall
include in addition to all other uses of energy on farms the use of
energy for processing of materials produced on the farm served; for
example: feed grinding or milk pasteurizing. On the other hand, if the
materials are produced elsewhere as in the case of commercial feed
grinding plants, commercial poultry hatcheries, creameries, etc., that
service shall be classified as commercial.
G. Change from one Rate Schedule to Another: If a consumer's operations
are such that he may have a choice of two (2) or more rate schedules, he
may have his choice of one of such schedules, provided that no consumer
may be billed for a period of less than one year on any rate schedule.
H. Selection of Commercial Rate: In areas where the Cooperatve sells
natural gas, the criteria for selection of a commercial rate schedule
will be strictly maintained. In all other areas, the Cooperative
reserves the right to use additional judgement in rate selection to
maintain electric load.
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SECTION 4 - DEPOSIT
A. Requirement of Deposit:
All new consumer/members, and existing consumer/members whose credit has
become impaired shall make a cash deposit or other guarantee,
satisfactory to the cooperative, prior to receiving service, as security
for the payment of future and final bills. A new consumer may request
their previous utility to complete and send to the Cooperative a "Credit
Information Release Authorization" which may demonstrate credit
worthiness of the new consumer.
B. Amount of Deposit: The deposit shall be determined by an average two
(2) months consumption at the location to be connected. In a new service
where previous history is not available the deposit is determined by
averaging the projected usage.
C. The amount of the deposit for Irrigation and Large commercial
Consumer/members will be determined on an individual basis and may be as
much as, but not more than, the estimated billing for ninety (90) days
service.
D. Prior Debts:
1. Service will not be furnished to former consumer/members until
all previously incurred indebtedness to the cooperative has been
satisfied.
2. The cooperative is not obligated to provide Service to an applicant
if the applicant is attempting to obtain service for a former
consumer/member who remains indebted to the cooperative.
E. Refund of Deposit: Deposits will be refunded based on the
following criteria:
3. When the "Credit Information Release Authorization" has been
returned to the cooperative and approved by the credit manager, the
deposit, plus interest, will be credited to the consumer's account;
or,
4. After the bill has been paid by the due date for the previous
twelve months, a check for the deposit, plus interest, will be mailed
to the consumer; or,
5. Upon termination of all service the deposit, plus interest, will be
credited to the consumer's final bill. If this results in a credit
balance to the consumer, a check will be issued and mailed to the
consumer.
F. Interest: Simple
interest at market rate will be paid by the cooperative on the
amount of the deposit during such times as service is taken, except that
no interest will be paid on deposits where service is disconnected
within six months from beginning of service.
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SECTION 5 - CONSUMER/MEMBERS WIRING AND EQUIPMENT
A. Consumer/members Installation: The consumer/members service
entrance equipment and wiring shall be installed in accordance with the
current edition of the National Electrical Code or any state or
governmental authority having jurisdiction and shall be subject to
inspection and approval of agencies having jurisdiction.
B. The Cooperative may discontinue service or refuse to make connections
to the Consumer/member whenever, in its judgement, such installation is
not in compliance with these Rules and Regulations, cooperative
standards, the National Electrical Code, The National Electric Safety
Code, and other applicable local and state codes.
1. The Cooperative reserves the right to approve or require
protective or other equipment on large loads, or highly fluctuating
loads that affect the quality of service to other consumer/members on
the line.
2. The Cooperative reserves the right to approve the location of the
meter and service entrance to provide easy access by cooperative
personnel for meter reading and maintenance.
C. Limit of Responsibility: The Cooperative will install and maintain
its lines and equipment on its side of the point of delivery but shall
not be required to install or maintain any lines, equipment or apparatus
except meters and meter accessories, beyond this point. The point of
delivery is where the energy delivered to the consumer/member is
metered.
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SECTION 6 - CONSUMER/MEMBER'S RESPONSIBILITY
A. Service will not be
energized until local and state inspection requirements have been met.
B. Consumer/member's Liability: The Consumer-Member shall be responsible
for the maintenance and safety of wiring and equipment owned by the
Consumer-Member. The Cooperative shall not in any way be liable for
accident, or damages occurring to the consumer-member or to third
parties because of contact with, or failure of, any portion of the
consumer-member's installation.
C. Changes in Consumer/member's Wiring and Equipment: The
Consumer/member is responsible for notifying the cooperative in writing
before any change is made in the size or location of their service.
D. Protection by Consumer/member: It shall be the consumer/member's
responsibility to provide suitable protective equipment such as fuses,
circuit breakers, and relay, to adequately protect his equipment. If
three phase equipment is used, it shall be the consumer/member's
responsibility to protect against phase failure, or under or over
voltage. The cooperative will take all reasonable precautions to prevent
phase failure or abnormal voltage variation but cannot guarantee that
such conditions may not occur.
E. Tampering: If the meters or other property belonging to the
cooperative are tampered or interfered with, the consumer/member being
supplied through such equipment shall pay the amount which the
cooperative may estimate is due for service provided. The
consumer/member shall be responsible for the cost of replacements and
repairs and legal action if taken.
F. Breaking Meter Seals: Consumer/member shall not break, cut or
otherwise open the seal attached to the metering device without prior
approval from the cooperative in writing.
G. Excavations: Consumer/members, their agents, or contractors shall
notify the cooperative at least 48 hours prior to beginning any
excavation in the area of the underground electrical facilities. Such
person(s) who fail to give required notice of intent to excavate shall
be liable for all costs associated with repair or replacement of
cooperative facilities destroyed or damaged as a result of excavation.
The cooperative will provide location of its underground facilities upon
request at no charge.
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SECTION 7 - ACCESS TO PREMISES
A. Duly authorized
representatives of the cooperative shall have the right to enter and
leave from the premises of consumer/member at all reasonable times for
the purpose of reading, testing, inspecting, repairing, replacing or
removing its meters or other property.
SECTION 8 - CONTINUITY OF SERVICE AND RIGHT TO DISCONTINUE
A. Without Notice: The
cooperative reserve the right to discontinue the supply of electric
service to any consumer/member without notice for any of the following
reasons:
1. For misrepresentation as to the use of electric service by the
consumer/member.
2. For any defects or hazardous conditions of consumer/members
equipment or installation.
3. For repairs or emergency operations.
4. For unavoidable shortage or interruptions in the cooperative's
source of supply.
B. With Reasonable Notice: The cooperative reserve the right to
discontinue service with reasonable notice as detailed in Section 242 of
the Wyoming Public Service Commission Rules for the following reasons:
1. For nonpayment of bill.
2. If entry to its meter(s) is refused or if access is obstructed or
hazardous.
3. If these Rules and Regulations of the cooperative are violated.
4. For maintenance of or to increase capacity of facilities. When
practicable, public notice shall be given and every effort will be
made to make such interruptions as short as possible.
C. The cooperative shall not be liable for damages resulting from such
interruptions or failures of service.
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SECTION 9 - CHARGES FOR SPECIAL SERVICES
A. Connect Charges: A
connect charge will be made whenever the billing for an existing service
is changed to a different consumer. The connect charge will be added to
the new consumer's first bill for that service.
1. During Regular Working Hours: During regular working hours a
charge of $35.00 shall be made for reconnecting the meter or for
securing the reading and making the necessary changes in the billing
record. There will be no additional charges for multiple meters at the
same location. Requests must be received by the cooperative between
8:00 A.M. and 4:00 P.M. on regular working days.
2. After Working Hours: After regular working hours, or on Saturday,
Sunday, or a holiday, the connect charge shall be $60.00.
B. Insufficient Fund Checks: When checks are not paid by the bank
because of insufficient funds in the account there will be a $10.00
handling charge added to the consumer's electric bill.
C. Collection of Delinquent Bills: When a crew is dispatched to
reconnect a service after being disconnected for non payment or for
collection of a delinquent bill, the consumer/member will be charged
$35.00 during regular working hours or $60.00 after hours. Working hours
are as defined in paragraph A of this Section.
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SECTION 10 - RESALE OF SERVICE
A. All purchased electric
service on the premises of the consumer/member shall be supplied
exclusively by the cooperative, and the consumer/member shall not,
directly or indirectly, sell, sublet, assign, or otherwise dispose of,
the electric service, or any part thereof, without the consent of the
cooperative.
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SECTION 11 - METERS
A. Separate Meter for Each
Service: The cooperative will furnish a single meter at the point of
delivery. Any consumer/member desiring service at two or more meters
will be billed separately for each meter.
B. Tests: The cooperative will, upon the request of a consumer/member,
make without charge a test of the accuracy of the meter in use, provided
that the meter has not been tested by the cooperative within the past
year. If the meter has been tested by the cooperative within the past
year. If the meter has been tested by the cooperative within the past
year, the cooperative will retest the meter, but the cooperative
reserves the right to make a minimum charge of $20.00 to cover the
expense involved. If the meter is found to be in error plus or minus 2%,
the bill will be adjusted. Any adjustments will not be for more than the
previous six (6) months. Meters on residential services will be tested
on a random basis each year. All other meters will be tested on a
routine basis. Details of the meter test program are on file with the
Wyoming Public Service Commission.
C. Non-Registration of Meter: When a meter fails to correctly register
the amount of electricity consumed during any period, the cooperative
shall make a charge for electricity used based on amounts used in
previous periods or during corresponding periods in previous years. The
cooperative will not make any such charge for a period longer than six
months.
D. Temporary Service for Construction: The Cooperative will have
available to consumer-members, temporary meter loops which may be used
during construction of home or businesses to be served by the
Cooperative. Such meter loops shall be constructed in accordance with
the National Electrical Code, shall include a special 240 volt plug, and
provide outlets for the operation of the consumer's power tools. Lower
Valley crews will install and remove a temporary meter loop at the
request of the consumer-member. Prior to installation, the
consumer-member will purchase the temporary meter loop from the
Cooperative for $425.00. If construction is completed within one year,
the Cooperative will purchase the temporary meter loop back for $305.00.
Should construction take longer than one year, the Cooperative will
consider a buy back of the temporary meter loop at a price to be
determined. Regardless of the length of time used, repair or replacement
of broken or missing parts will be deducted from the price the
Cooperative pays to buy back the temporary meter loop. If the wiring of
the meter loop has been altered by the consumer for his usage, it shall
be corrected by the consumer before the meter loop is returned.
E. Types of Metering: Services 200 amperes and under 600 volts shall be
self contained, meter and socket. Services over 200 amperes shall use
current transformers. Current transformer (C.T.) to be located in one of
the following arrangements:
1. C.T. cabinet of a size and design approved by the cooperative
prior to installation. Cabinet and necessary conduit furnished by the
consumer/member.
2. Pole Top switch furnished by the consumer/member.
F. The cooperative will furnish all current transformers, meters, meter
bases and wiring between current transformers and meter bases. Meter
bases will be made available at the cooperative office. Ganged meter
bases for installation on condominiums, apartment buildings and other
multiple service installations and pedestals for trailer parks will not
be furnished by the cooperative. However, all consumer/member furnished
meter bases shall comply with the cooperative's meter base
specifications and shall not be energized until approved by the
cooperative. Such approval must include inspection by the cooperative
prior to energization to insure compliance. The cooperative will install
current transformers, meters and the wiring between. The consumer/member
will furnish and install cabinets, pole top switches and all necessary
conduit. The consumer/member will install C.T. cabinets, meter sockets,
and required conduit.
G. Marking Multiple Meters: On buildings where multiple meters are
located to provide service to individual apartments, offices or rooms,
each meter socket shall be plainly and permanently marked by the owner
to identify which apartment, office or room is served by each meter.
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SECTION 12 - BILLING AND METER READING
A. Billing Period: Meters
are read and the bill for KWH use or otherwise computed according to
rate schedules and Rules and Regulations then in effect, and shall be
due on the date determined by the cooperative.
B. Failure to Receive a Bill: Failure to receive bill will not entitle
consumer/member to any discount or to the refund of any charge for
non-payment within the time specified.
C. Meter Reading: Where practical, meters will be read by the
cooperative employees. However, the consumer/member may be required to
read his meter and send the reading to the cooperative office on a card
provided by the cooperative by the date required.
D. If the Consumer/member fails to return the meter reading by the date
specified, the reading will be estimated. Failure to return the meter
reading for three consecutive months will alert the cooperative to read
the meter and a charge of $20.00 will be made to the Consumer/member.
E. Levelized Billing Plan:
1. Currently paid up residential or single phase commercial
consumer/members that have received a bill for the previous twelve
(12) months may elect to use the Monthly Levelized Billing Plan. The
requirement to have received a bill for the previous twelve (12)
months will be waived for new residential services qualified as Super
Good Cents and for residential or commercial services who have
received a valid estimate of annual consumption in the process of an
energy audit.
2. The plan requires the payment of a monthly bill, which is equal to
the total of the preceding twelve (12) monthly bills divided by twelve
(12) then rounded up to the next $5.00.
3. At the end of twelve (12) months, the actual billing will be
compared to the levelized billings. The difference, either positive or
negative, will be added to the previous twelve monthly bills and a new
levelized bill amount will be calculated. Consumer/Members on this
plan will be notified by mail of the new levelized billing amount.
4. The Consumer/member must remain on the levelized Billing Plan for a
period of twelve (12) months.
5. Should a Consumer/member on the levelized Billing Plan allow their
account to become delinquent, levelized billing will be canceled and
all bills issued will be for actual consumption.
6. A Consumer/member terminating service while under Levelized Billing
Plan will be required to pay for all electric service rendered to the
date of termination.
F. Gift Certificates: Each year during October, November, and December,
the Cooperative may sell Energy Gift Certificates to anyone, whether a
Member of the Cooperative or not, in any amount with the following
limitations:
1. The purchase price of any gift certificate will be 5% less than
the value of the gift certificate.
2. Gift certificates may only be used to pay for future energy
purchases, shall not be applied against a current or a delinquent
bill, and may be used by residential rate consumers or single phase
consumers billed under the C-1 rate schedule.
3. There must be at least 30 days between the date the gift
certificate is purchased and the date it is redeemed at the
Cooperative for credit.
4. Gift certificates may not be used toward an annual prepayment
specified in the Cooperative's residential rate schedules that already
include a 5% discount.
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SECTION 13 - RIGHT-OF-WAY
A. Cost and Charges:
Service to consumer/members is subject to all terms and conditions
included in easements, permits or right-of-ways required to provide
service. The Consumer/member shall reimburse the cooperative for any and
all special or rental charges that may be made for such rights required
by the permit or agreement.
B. Procurement by Consumer/member: When a line extension must be
constructed to provide service to a consumer/member, that
consumer/member may be required to secure for the cooperative all
necessary and convenient rights-of-way and to pay the costs involved.
C. Delays: Applications for service from an extension to be constructed
where a right-of-way is not owned by the cooperative, will be accepted
subject to delays incident to obtaining a satisfactory right-of-way.
SECTION 14 - CONNECTION & DISCONNECTIONS
A. Electric utility service
is to be connected and disconnected only by authority of a
consumer/member who has signed a membership application and paid the
applicable fees to the cooperative. Disconnects and reconnects must be
authorized the consumer/member, by an attorney in fact, or authorized
agent. With a joint membership, documents may be executed by either
husband or wife. Any Consumer/member starting the use of service without
first notifying the cooperative to read the meter will be held
responsible for any amount due for service supplied from time of last
reading of meter immediately preceding his occupancy, as shown on the
records of the cooperative. The Consumer/member shall give written
notice of intentions to move to another location and is liable for
electric consumption until meter is read and disconnected. Landlords or
managers of rental units shall sign a separate contract authorizing the
cooperative to reconnect the service between renters.
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SECTION 15- LINE EXTENSIONS AND EXPANSIONS
A. Terms and Conditions:
The cooperative's distribution system will be extended to supply new
consumers or expanded to increase capacity for existing consumer/members
depending on availability and capacity. Any extension or expansion will
require a written application, agreement and possibily right-of -way
easements prior to work commencing.
1. For individual customers with projected electric consumption
less than 72,000 kwh per year, the customer must pay the following
costs to the cooperative:
|
Basic
Cost |
|
- Cost
Reductions |
|
-
Allowance |
|
+
Exceptional Costs |
|
+
share of previous extension |
|
|
=
extension cost |
a. "Basic Cost" is the cost of the primary distribution system,
transformer and secondary facilities required to serve the customer.
The meters and single meter bases used by the cooperative for
billing purposes are provided at no cost to the customer. The
calculation of the estimated basic cost is based upon the most
recent previous work order costs for similar construction.
b. "Cost Reduction" is a decrease of the Basic Cost if the Company
uses lower-cost construction methods or allows the Customer to do
some of the work. Cost reductions will be made if the Company plows
the cable in, if the trench will be shared with natural gas, or if
the Customer provides the trench. Trench provided by the Customer
must meet the Company's specifications for routing, depth and time
schedules. Cost reductions relating to customer provided work or
materials must be authorized by or pre-arranged with the Company
prior to construction.
c. "Allowance" is a credit to each Customer who has at least 4800
kwh per year of new or additional load. The Allowance will be the
amount listed below or the total cost to provide service, whichever
is less:
Individual Residential Customer $1,000 each
1 duplex $ 800 per unit
1 multiplex $ 600 per unit
Individual Commercial Customer $1,300 each
EXCEPTION: The Company will not grant an immediate Allowance if the
Company, in its sole judgement, determines that the load is:
1) less than 4800 kwh per year.
(2) a load which will be in service less than five years.
If an immediate Allowance is not granted, an amount equal to the
original Basic Cost net of any Cost Reductions, or the original
Allowance, whichever is less, will be refunded to the Customer after
five years if the Customer demonstrates average annual electric
consumption of at least 4800 kwh per year for each of the first five
years after the line extension was built and the Customer applies
for the refund before the line extension becomes six years old. This
exception does not apply to a yard light installed by the
Cooperative on an existing pole served from an existing transformer.
d. "Exceptional Cost" is the cost of unusual construction such as
any of the following:
(1) trenching costs in excess of dirt trench
(2) boring or jacking under roads or paved areas
(3) pavement removal and replacement
(4) restoration of Customer property in excess of the replacement
of sod and general
clean-up
(5) landscaping
(6) tree or brush removal
(7) rights of way
(8) permits
(9) construction which is not for electric service
(10) facilities longer, deeper, or larger than deemed appropriate
by the Company
(11) other unusual construction
2. For individual customers with projected electric consumption of
72,000 kwh per year or more, the same formula applies except the costs
and allowance will be individually evaluated for each customer.
3. When there is more than one consumer/member the payment shall be
divided as described under "Share of Previous Extension" below.
Payment of the amount shall be included in the agreement between the
cooperative and the consumer/member and shall not entitle the
consumer/member to the usage of any electricity or other services in
return. Payment must be made as a lump sum prior to commencement of
construction. Regardless of any payments made by the consumer/member,
ownership of the line extension shall remain with the Cooperative.
EXCEPTION: If the refund to an existing Customer is less than $100
each, the new Customer will not be required to pay that share and the
existing Customer will not receive a refund.
4. The agreement shall continue in force from the date service is made
available by the cooperative for a period of five (5) years.
5. Upon the request of the consumer/member, additional services and
meters may be installed by the Cooperative to serve secondary or
uninhabited buildings at the same location. However, no additional
allowance will be provided unless, in the opinion of the Cooperative,
the additional service is permanent and will result in at least 4,800
kwh per year additional load.
6. If no bona fide load exists on a service within twelve (12) months
of the date service is provided, the entire cost of construction not
already paid by the consumer/member will be due and payable. Temporary
construction power will be considered bona fide load if a building
permit has been issued by the proper authority.
7. When a base distribution system is provided for a land development
project, the developer will be required to pay, prior to beginning
construction the total estimated cost of the back bone primary system.
There will be no refund of this payment to the Developer when service
is installed to the individual. The Cooperative's purpose for
construction of base distribution systems is to have meters installed
for the sale of electricity. Unless meters with bona fide load are
installed on a land develpment project, producing sufficient revenue
to cover operating and maintaining the base distribution system,
within 5 years, the developer will agree to provide a monthly revenue
payment to the Cooperative equal to five percent (5%) of the installed
cost. Such payment to continue until revenue from meters installed
equals that amount.
B. Obligation to Extend: The cooperative's obligation to extend its
distribution lines to supply new consumer/members will be dependent on
the cooperative's being able to secure construction funds from the Rural
Electrification Administration or other sources.
C. Temporary Service: Furnishing of temporary service is contingent upon
there being available capacity at the point of delivery. Monthly billing
shall be in accordance with the terms of the applicable schedule. The
minimum billing period is one month.
D. Where it is necessary for the cooperative in order to supply service
for a temporary service, to extend lines, install transformers, make
enlargement of any part of its system, or do other work, the
consumer/member shall pay in advance the estimated cost of removal and
credit for salvage value of material recovered will be made with the
consumer/member initially or after termination of service at the option
of the cooperative.
SECTION 16 - RELOCATION & REPLACEMENT
A. The consumer/member is
responsible for the estimated costs for relocating or replacing an
existing line. Charges are based on the estimated cost of installation
and removal (up & down cost), plus the cost of materials. Payment of
estimated cost is necessary prior to work being done.
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