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Lower Valley
Energy, Inc. Rules and Regulations -
Gas as filed with the Wyoming Public Service Commission Effective June
1, 1999
SECTION 1 - PURPOSE
A. These Rules and
Regulations apply to each and every customer taking gas service. They
are a part of every contract for gas service made by Lower Valley
Energy, 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 Energy
is a cooperative enterprise that is owned by its customers, whose
purpose is to provide quality services to its customer. C. It is the intent and
purpose of the service and extension policies to insure that all
customer of Lower Valley Energy receive uniform and equitable
consideration and treatment. D. The customer 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 customer requesting gas
service shall sign Lower Valley Energy's Application for Membership,
and supply Lower Valley Energy with such credit references as may be
requested. Only one membership is required for both gas and electric
service.
B. Line extension contracts: When a new service or a service
upgrade is requested, before the service is made available, 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. For
new services to be installed on property not owned by the person
requesting service, the contract guaranteeing 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: Lower Valley Energy 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
supply of service to others, or for other good and sufficient reasons.
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SECTION 3 - CLASSIFICATION OF CUSTOMERS
A. Service shall be classified for the purpose of determining the
appropriate leak survey schedule in accordance with the nature of the
customer'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: 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 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 heat and will be furnished under the rate for
Commercial Service.
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SECTION 4 - DEPOSIT
A. Requirement of Deposit: All new customers, and existing
customers whose credit has become impaired shall make a cash deposit
or other guarantee, satisfactory to Lower Valley Energy, prior to
receiving service, as security for the payment of future and final
bills. A new customer may request their previous utility to complete
and send to Lower Valley Energy a "Credit Information Release
Authorization" which may demonstrate credit worthiness of the new
customer. One deposit will be sufficient for customers taking both gas
and electric service.
B. Amount of Deposit: The deposit shall be determined by an average
of two (2) months consumption at the location to be connected. With 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 large commercial customers 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 customers until all
previously incurred indebtedness to Lower Valley Energy has been
satisfied.
2. Lower Valley Energy is not obligated to provide service to an
applicant if the applicant is attempting to obtain service for a
former customer who remains indebted to Lower Valley Energy.
E. Refund of Deposit: Deposits will be refunded based on the following
criteria:
1. When the "Credit Information Release Authorization" has been
returned to Lower Valley Energy and approved by the credit manager,
the deposit, plus interest, will be credited to the customer's
account; or,
2. After energy bills have been paid by the due date for the
previous twelve months, a check for the deposit, plus interest, will
be mailed to the customer; or,
3. Upon termination of all service the deposit, plus interest, will
be credited to the customer's final bill. If this results in a
credit balance to the customer, a check will be issued and mailed to
the customer.
F. Interest: Interest will be paid on the amount of the deposit during
such time as service is taken, except that no interest will be paid on
deposits where service is disconnected within six months. The interest
rate paid on deposits will be changed monthly and will equal the
one-year certificate of deposit rate as published at the beginning of
that month.
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A. Customers Installation: The customers service entrance equipment
and piping shall be installed in accordance with or any state or
governmental authority having jurisdiction and shall be subject to
inspection and approval of agencies having jurisdiction.
B. Lower Valley Energy may discontinue service or refuse to make
connections to the customer whenever, in its judgment, such
installation is not in compliance with these Rules and Regulations,
Lower Valley Energy standards and other applicable local and state
codes.
C. Lower Valley Energy reserves the right to approve the location
of the meter and service entrance to provide easy access by Lower
Valley Energy personnel for meter reading and maintenance.
D. Limit of Responsibility: Lower Valley Energy 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, meter accessories and cathodic protection,
beyond this point. The point of delivery is where the gas delivered to
the customer is metered.
E. Gas service to manufactured homes must be in accordance with the
Code of Federal Regulations (24CFR Part 3280 - Manufactured Home
Construction and Safety Standards) Subpart G and H, which pertain to
gas piping and appliance installation. In addition, Lower Valley
Energy also follows the regulations set forth in the NFPA 501A, Fire
Safety Criteria for Manufactured Home Installations, Sites, and
Communities.
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SECTION 6 - CUSTOMER'S RESPONSIBILITY
A. Service will not be pressurized until local and state inspection
requirements have been met.
B. Customer's Liability: The customer shall be responsible for the
maintenance and safety of equipment owned by the customer. Lower
Valley Energy shall not in any way be liable for accident, or damages
occurring to the customer or to third parties because of contact with,
or failure of, any portion of the customer's installation.
C. Changes in Customer's Equipment: The customer is responsible for
notifying Lower Valley Energy in writing before any change is made in
the size or location of their service.
D. Tampering: If the meters or other property belonging to Lower
Valley Energy are tampered or interfered with, the customer being
supplied through such equipment shall pay the amount which Lower
Valley Energy may estimate is due for service provided. The customer
shall be responsible for the cost of replacements and repairs and
legal action if taken.
E. Breaking Meter Seals: Customer shall not break, cut or otherwise
open the seal attached to the metering device without prior approval
from Lower Valley Energy in writing.
F. Excavations: Customers, their agents, or contractors shall
notify Lower Valley Energy at least 48 hours prior to beginning any
excavation in the area of the underground 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 Lower Valley
Energy facilities destroyed or damaged as a result of excavation.
Lower Valley Energy will provide location of its underground
facilities upon request at no charge. Requests to locate underground
facilities can be made by calling Wyoming One Call at 800-348-1030 or
by calling Lower Valley Energy offices at 307-733-2446 or
307-886-3175.
G. Notification of Leaks: The customer will immediately notify
Lower Valley Energy of any escape of gas in or about the customer's
premises by calling Lower Valley Energy offices at 307-733-2446 or
307-886-3175.
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SECTION 7 - ACCESS TO PREMISES
A. Duly authorized representatives of Lower Valley Energy shall
have the right to enter and leave from the premises of the customer at
all reasonable times for the purpose of reading, testing, inspecting,
repairing, replacing or removing its meters or other property. Access
to premises is also permitted to correct emergency situations.
SECTION 8 - CONTINUITY OF SERVICE AND RIGHT TO DISCONTINUE
A. Without Notice: Lower Valley Energy reserves the right to
discontinue the supply of gas to any customer without notice for any
of the following reasons:
1. For misrepresentation as to the use of gas service by the
customer.
2. For any defects or hazardous conditions of customer's equipment
or installation.
3. For repairs or emergency operations.
4. For unavoidable shortage or interruptions in Lower Valley
Energy's source of supply.
B. With Reasonable Notice: Lower Valley Energy reserves 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 Lower Valley Energy 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. Lower Valley Energy 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 customer.
The connect charge will be added to the new customer'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. Lower Valley Energy must receive requests between
8:00 A.M. and 4:00 P.M. on regular working days.
2. After Working Hours: After regular working hours, 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 customer'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 customer 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. In the event collection
procedures for delinquent bills or insufficient fund checks involve
legal action, the customer will be expected to pay any attorney fees
or other costs incurred by Lower Valley Energy associated with such
procedures.
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SECTION 10 - RESALE OF SERVICE
A. Lower Valley Energy shall exclusively supply all purchased gas
on the premises of the customer, and the customer shall not, directly
or indirectly, sell, sublet, assign, or otherwise dispose of, the gas
service, or any part thereof, without the consent of Lower Valley
Energy.
SECTION 11 - METERS
A. Measurement: Lower Valley Energy will meter the volume of gas
delivered to the customer at the delivery point. Such meter
measurement will be conclusive upon both parties unless such meter is
found to be inaccurate, in which case the quantity supplied will be
determined by making as correct an estimate as it is possible to make,
taking into consideration the time of year, the schedule of customer's
operations and other pertinent factors.
B. Separate Meter for Each Service: Lower Valley Energy will
furnish a single meter at the point of delivery. Any customer desiring
service at two or more meters will be billed separately for each
meter.
C. Tests: Lower Valley Energy will, upon the request of a customer,
make without charge a test of the accuracy of the meter in use,
provided that Lower Valley Energy has not tested the meter within the
past year. If the meter has been tested by Lower Valley Energy within
the past year, Lower Valley Energy will retest the meter, but Lower
Valley Energy reserves the right to make a minimum charge of $35.00 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.
D. Non-Registration of Meter: When a meter fails to correctly
register the amount of gas consumed during any period, Lower Valley
Energy shall make a charge for gas used based on amounts used in
previous periods or during corresponding periods in previous years.
Lower Valley Energy will not make any such charge for a period longer
than six months.
E. Marking Multiple Meters: On buildings where multiple meters are
located to provide service to individual apartments, offices or rooms,
each meter 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 gas used will
be computed according to rate schedules and Rules and Regulations then
in effect, and shall be due on the date determined by Lower Valley
Energy.
B. Failure to Receive a Bill: Failure to receive bill will not
entitle customer to any discount or to the refund of any charge for
non-payment within the time specified.
C. Meter Reading: Lower Valley Energy will read Meters.
D. Levelized Billing Plan:
1. Residential customers who have paid their balances in full, and
who have received a bill for the previous twelve (12) months may
elect to use the monthly levelized billing plan.
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 six 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. Customers on this plan
will be notified by mail of the new levelized billing amount.
4. The customer must remain on the levelized billing plan for a
period of twelve (12) months.
5. Should a customer 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 customer terminating service while under levelized billing plan
will be required to pay for all gas service rendered to the date of
termination.
SECTION 13 - RIGHT-OF-WAY
A. Cost and Charges: Service to customers is subject to all terms
and conditions included in easements, permits or right-of-ways
required to provide service. The customer shall reimburse Lower Valley
Energy for any and all special or rental charges that may be made for
such rights required by the permit or agreement.
B. Procurement by Customer: When a line extension must be
constructed to provide service to a customer, that customer may be
required to secure for Lower Valley Energy 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 Lower Valley Energy does not own a right-of-way will
be accepted subject to delays incident to obtaining a satisfactory
right-of-way.
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SECTION 14 - CONNECTION & DISCONNECTIONS
A. Requests to connect or disconnect gas utility service must be
made by authority of a customer who has signed a membership
application and paid the applicable fees to Lower Valley Energy. Such
requested disconnects and reconnects must be authorized by the
customer, by an attorney in fact, or authorized agent. With a joint
membership, either husband or wife may execute documents. Any customer
starting the use of service without first notifying Lower Valley
Energy 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 Lower Valley
Energy. The customer shall give written notice of intentions to move
to another location and is liable for gas consumption until meter is
read and disconnected. Landlords or managers of rental units shall
sign a separate contract authorizing Lower Valley Energy to reconnect
the service between renters.
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SECTION 15 - LINE EXTENSIONS AND EXPANSIONS
A. All new customers, whose consumption of gas for any purpose may
exceed system capability, shall consult with Lower Valley Energy and
furnish details of estimated hourly input rates for all gas
utilization equipment. Where system design capacity permits, such
customers may be served on a firm basis. Where system design capacity
is limited, and at Lower Valley Energy's sole discretion, such
customer will be served on an interruptible basis only. Architects,
contractors, heating engineers and installers should consult with
Lower Valley Energy before proceeding to design, erect or redesign
such installations for the use of natural gas. This will ensure that
such equipment will conform to Lower Valley Energy's ability to
adequately serve such installations with gas. Costs and allowances for
extending service or increasing capacity to customers whose projected
consumption exceeds 5,000 therms per year will be individually
evaluated and the following terms and conditions may not apply. Costs
and allowances for extending service to groups of customers in areas
where service is not available will be evaluated on the economics of
expected gas sales vs. the cost of the extension and the following
terms and conditions may not apply.
B. Terms and Conditions: Lower Valley Energy's distribution system
will be extended to supply new customers or expanded to increase
capacity for existing customers depending on availability and
capacity. Any extension or expansion will require a written
application, agreement and possibly right-of -way easements prior to
work commencing.
1. Lower Valley Energy shall furnish meters and meter connections.
The meters and meter connections always remain the property of Lower
Valley Energy and may be removed when the service is terminated for
any cause.
2. For new and conversion customers Lower Valley Energy will furnish
up to one hundred feet (100') of service line for normal
installation, with total cost not to exceed the then current dollar
per foot installation costs established by Lower Valley Energy.
3. All main line installed, meters and meter connections and any
excess service line footage or dollars will be charged to the
customer and must be paid prior to installation.
4. Costs associated with unusual construction such as any of the
following will be the customer's responsibility.
a. trenching costs in excess of dirt trench
b. boring or jacking under roads or paved areas
c. pavement removal and replacement
d. restoration of Customer property in excess of the replacement
of sod and general clean-up
i. construction which is not for gas service
j. facilities longer, deeper, or larger than deemed appropriate by
Lower Valley Energy
k. other unusual construction
l. excessive environmental impact
5. When there is more than one customer the payment shall be divided
as described under "Share of Previous Extension" below. Payment of
the amount shall be included in the agreement between Lower Valley
Energy and the customer and shall not entitle the customer to the
usage of any gas 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 customer, ownership of the line extension
shall remain with Lower Valley Energy.
a. "Share of Previous Extension" applies only to primary
distribution less than five years old. If part of a previous line
extension is used to serve a new customer, the customer must pay a
prorated portion of the previous extension cost, based on the
portion of the extension to be used to serve the new customer, to
Lower Valley Energy before the start of construction. The amount
paid by the new customer will be refunded to existing customers in
relation to their share of the primary distribution. Lower Valley
Energy will refund appropriate shares when connection of the
subsequent customer has been verified.
(1) First customer pays $5,000 for 1,000 feet of two-inch
distribution pipe ($5.00 per foot).
(2) Second customer takes service within five years using 600 feet
of the original extension.
(3) Both customers share the first 600 feet equally; 600 ft x
$5.00/ft x 1/2 = $1,500.
(4) The second customer's payment of $1,500 will be refunded to
the first customer to reduce his investment in the 600 feet to
$1,500. The first customer's investment in the remaining 400 feet
remains at $2,000.
c. 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.
6. The agreement shall continue in force from the date service is
made available by Lower Valley Energy for a period of five (5)
years.
7. Upon the request of the customer, additional services and meters
may be installed by Lower Valley Energy to serve secondary or
uninhabited buildings at the same location. However, no additional
allowance will be provided unless, in the opinion of Lower Valley
Energy, the additional service is permanent and will result in at
least 340 therms per year additional load.
8. 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 customer will be due and
payable.
9. 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 backbone
primary system. There will be no refund of this payment to the
developer when service is installed to the individual. Lower Valley
Energy's purpose for construction of base distribution systems is to
have meters installed for the sale of gas. Unless meters with bona
fide load are installed on a land development 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 Lower Valley Energy equal to
five percent (5%) of the installed cost. Such payment to continue
until revenue from meters installed equals that amount.
C. Obligation to Extend: Lower Valley Energy's obligation to extend
its distribution lines to supply new customers will be dependent on
Lower Valley Energy's being able to secure construction funds.
D. 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.
1. Where it is necessary for Lower Valley Energy to supply temporary
service, to extend lines, to make enlargement of any part of its
system, or to do other work, the customer shall pay in advance the
estimated cost of installation and removal of the requested service.
A credit for salvage value of material recovered will be allowed.
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SECTION 16 - RELOCATION & REPLACEMENT
A. When, in the judgment of Lower Valley Energy, the relocation of
a main or service is necessary and is due either to maintenance of
adequate service or the operating convenience of Lower Valley Energy,
Lower Valley Energy shall perform such work at its own expense.
B. If relocation of a main or service line is due solely to meet
the convenience or requirements of the applicant or the customer,
Lower Valley Energy shall perform such relocation, including metering
and regulating facilities, at the expense of the applicant or
customer.
C. Relocation of facilities will be mandatory and at the customer's
expense when actions of the customer restrict Lower Valley Energy's
access to or safety of the facility.
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SECTION 17 - NATURAL GAS COMMODITY BALANCING ACCOUNT A.
This section is
reserved for a future commodity balancing account at such time as the
wholesale price of natural gas begins to fluctuate.
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SECTION 18- EXCESS FLOW VALVE PROGRAM
A. General Conditions: The following described Excess Flow Valve
program has been implemented by Lower Valley Energy to comply with
certain United States Department of Transportation regulations under
the Natural Gas Pipeline Safety Act, as set forth in Section 192.381
of Title 49 of the Code of Federal Regulations.
B. Definition: An Excess Flow Valve (EFV) is a mechanical device
located between Lower Valley Energy's natural gas distribution main
and service riser and is designed to automatically stop or limit the
flow of gas in the service line in the event the flow exceeds a preset
level. Excess flow can occur, for example, in the event of a break or
rupture in the service line due to third party damage.
C. Customer Eligibility: All customers of Lower Valley Energy
meeting all of the following qualifications are eligible to receive
the installation of an EFV:
1. The customer has requested the installation of a new service line
in accordance with Lower Valley Energy's line extension policy or is
receiving natural gas service through a service line that Lower
Valley Energy has determined requires replacement.
2. The customer is or, after connection, will be individually
metered by Lower Valley Energy and receives natural gas service
through a single service line that serves a single residence.
3. The customer receives or, after connection, will receive natural
gas service from Lower Valley Energy's natural gas distribution
system that continuously operates above ten (10) pounds per square
inch gauge.
D. Customer Notification: Eligible customers of Lower Valley Energy,
as defined above, shall be provided a one-time written notification of
the availability of an EFV meeting the standards prescribed under 49
C.F.R. Section 192.381, their safety benefits and costs. Each eligible
customer shall be provided the opportunity to request or to decline
installation of an EFV on the service line to be constructed or
replaced. A completed form indicating the customers' choice of
requesting or declining installation of an EFV must be completed and
returned to Lower Valley Energy before the service line will be
installed.
E. Customer Responsibility: Eligible customers requesting
installation of an EFV shall be responsible for paying Lower Valley
Energy a one-time charge of $55.00 to reimburse Lower Valley Energy
for all costs directly connected with installation. In addition to
paying the one-time installation charge, customers will be responsible
for future costs associated with any required maintenance,
replacement, resetting or removal of the EFV by Lower Valley Energy.
F. Installation and Ownership: Lower Valley Energy shall install an
EFV on service lines for all eligible customers requesting
installation and agreeing to pay the one-time charge of $55.00. Such
installation shall be made at a mutually agreeable date. Any EFV so
installed under this program shall be the property of Lower Valley
Energy.
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