HomeMy WebLinkAbout1996-2166 - Ordinance - 01/25/1996ORDINANCE NO. 2166
AN ORDINANCE AMENDING CHAPTER 11, SECTION 4, OF THE CODE OF ORDINANCES
OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO SCHEDULE OF RATES FOR
ELECTRIC SERVICE AND ADDING A SUBSECTION PROVIDING FOR A DISCOUNTED
RATE TO ANY FOUR-YEAR STATE UNIVERSITY, UPPER-LEVEL INSTITUTION, TEXAS
STATE TECHNICAL COLLEGE, OR COLLEGE AS REQUIRED BY THE PUBLIC UTILITY
REGULATORY ACT, SECTION 2.2141 (1995); AND PROVIDING FOR A REVISED EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
That Chapter 11, Section 4, of the Code of Ordinances of the City of College Station, is hereby
amended to read as follows:
"SECTION 4: ELECTRICAL SERVICE
a. SCHEDULE Of RATES
The monthly rates to be charged consumers for public utility services, namely electrical
connections, shall be in accordance with the schedules as follows:
(1) Electric Rate - Schedule R (Residential Customers)
(a)
(b)
Applicable to single-family residential customers for all domestic usage
where all energy is taken through a single meter. Service will be
furnished under this rate schedule subject to the established rules and
regulations of the City covering this type of service.
Character of Service - A.C., 60 cycles per second, single phase, 120/240
volts.
(c) Rate
(d)
Service Charge: $7.00 per month, plus
Energy Charge:
$0.0626 per kwhr for the first 500 kwhrs;
$0.0555 per kwhr for all kwhrs over 500, except
$0.0490 per kwhr for all kwhrs over 500 in the
billing months of November through April.
Multiple dwelling units where served under one (1) master meter shall be
billed under Rate Schedule R-I.
(e)
Power Cost Adiustment - The monthly charges under this rate schedule
shall be increased or decreased as necessary to reflect the application
of a power cost adjustment calculated in accordance with Schedule
PCA.
(f)
Automatic Leave On Service - Customers who qualify for automatic
leave on service will be billed at the above rate, except the monthly
service charge will be deleted. Customers will be required to contract
with the City for this service provision.
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Ordinance No. 2166 Page 2
(2) Electric
(a)
(b)
(c)
(d)
(e)
Rate - Schedule R-1 (Master Metered Multiple DwellinQ Units)
Applicable to multiple dwelling units for all domestic usage where all
energy is taken through one (1) master meter. Service will be furnished
under this rate schedule subject to the established rules and regulations
of the City covering this type of service.
Character of Service - A.C., 60 cycles per second, single-phase, 120/240
volts; three phase 120/240, 120/208, 240/480, 227/480, 2400/4160,
7200/12,470 volts as available at point of service. Three-phase custom-
ers served via under-ground primary to pad-mounted transformers will be
furnished only 120/208 or 277/480 volt service.
Rate - The monthly rate charge for service under this schedule shall be
determined as follows:
The average kWh usage per month per dwelling unit shall be determined
by dividing the total monthly kwhrs purchased as determined by the
City's master meter, by eighty-five percent (85%) of the total number of
permanently constructed dwelling units.
The individual energy charge per dwelling unit shall thence be computed
on the basis of the average kWh usage per month per dwelling unit
figured at the following rate:
Energy Charge: $0.0626 per kwhr for the first 500 kwhrs;
$0.0555 per kwhr for all kwhrs over 500
except;
$0.0490 per kwhr for all kwhrs over 500 used per
month in the billing months of November
through April.
The total monthly bill shall thence be determined by multiplying the
energy charge per unit computed under the above rate by eighty-five
percent (85%) of the number of permanently constructed dwelling units,
and thence adding the following service charge:
Service Charge: $100.00 per month per master meter
Power Cost Adjustment - The monthly charge under this rate schedule
shall be increased or decreased as necessary to reflect the application
of a power cost adjustment calculated in accordance with Schedule
PCA.
Submeterin,q - Where electric service is submetered, the words "dwelling
unit" in the above rate and minimum bill clauses shall be replaced with
the word "submeter".
The customer operating the submetering system shall provide electric
service to his tenants and render bills therefore in strict accordance with
the electric submetering rules and regulations as established by the
Public Utility Commission of Texas in Substantive Rule No. 23.51, a copy
of which is on file in the office of the City Secretary. All records and
reports provided for in these rules and regulations, other than those
specified below, shall be made available to the City upon request.
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Ordinance No. ;~166 Page 3
(3)
(4)
The customer shall not impose any additional charges on his tenants
over and above those charges which are billed by the City. For verifica-
tion purposes, the customer shall, within five days (5) after his tenant's
bills ara rendered each month, file a wdtten report with the City showing
a reconciliation of his billing to his tenants plus the billing for owner used
energy with the charges which ara billed by the City. This raport shall
provide as a minimum the following information:
A calculation of the average cost per kilowatt-hour for the current month.
A listing of all submeter readings and billings, including kilowatt-hour
usage metered and total rate charge, for the current month.
Electric Rate-Schedule SC (Small Commercial Customers)
(a) Applicable to non-residential customers billed through a single meter
whose monthly kilowatt demand does not exceed 15 kW. Service will be
furnished under this rate schedule subject to the established rules and
ragulations of the City covering this type of service.
(b) Character of Service - A.C., 60 cycles per second, single-phase, 120/240
volts; three phase 1201240, 120/208, 2401480, 277/480, 2400/4160,
7200/12,470 volts as available at point of service. Three-phase custom-
ers served via under-ground primary to pad-mounted transformers will be
furnished only 120/208 or 277/480 volt service.
(c)
Rate:
Service Charge:
$9.00 per month, plus
Energy Charge:
$0.0711 per kwhr for the first 1000 kwhrs;
$0.0507 per kwhr for all kwhrs over .1000.
(d)
Billing Demand - Demand meters may be installed on all such customers
if (1) the installed load would indicate that demands over 15 kilowatts
would be experienced; or (2) if the monthly energy usage exceeds 5,250
kilowatt-hours. A customer on this schedule whose metered demand
exceeds 15 kilowatts for any billing period shall be billed under Schedule
LP-1 for the next twelve-month period beginning with the current month.
(e)
Power Cost Adjustment - The monthly charges under this rate schedule
shall be incraased or decreased as necessary to reflect the application
of a power cost adjustment calculated in accordance with Schedule
PCA.
Electric Rate-Schedule LP-1 (Medium Commercial and Industrial Customers)
(a)
Applicable to all commercial and industrial customers whera service is
taken through one meter at one point of delivery and where the monthly
kilowatt demand is between 15 kW and 300 kW. Service will be
furnished under this rate schedule subject to the established rules and
regulations of the City covering this typ. e of service. Befora service is
furnished heraunder, an individual service agreement contract between
the Customer and the City may be requirad outlining all details of the
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Ordinance No. 2166 Page 4
(b)
(c)
(d)
(e)
(f)
(g)
service to be supplied, the terms of the contract, and the obligations of
each party.
Character of Service - A.C., 60 cycles per second, single-phase, 120/240
volts; three phase 120/240, 1201208, 240/480, 2771480, 2400/4160,
7200/12,470 volts as available at point of service. Three-phase
customers served via under-ground primary to pad-mounted
transformers will be furnished only 120/208 or 277/480 volt service.
Rate:
Service Charge: $25.00 per month, plus
Demand Charge: $9.08 per kW of monthly billing demand, plus
Energy Charge: $0.0276 per kwhr for all kwhrs
Minimum Monthly Chame - The minimum monthly charge under this rate
schedule shall be the highest one of the following charges:
(i)
$161.20 per month plus applicable power cost adjustment on the
kilowatt-hours used.
(ii)
The sum of service charge and demand charge under the above
rate plus applicable power cost adjustment on the kilowatt-hours
used.
The minimum monthly charge specified in customer's service
contract with the City plus applicable power cost adjustment on
the kilowatt-hours used.
Billing Demand - The billing demand shall be in the maximum 15 minute
measured kilowatt demand in the billing period, but not less than 50% of
the peak demand measured in the twelve month period ending with the
currant month. Unless otherwise specified in a firm electric service
contract agreement, if at any time a customer billed under this schedule
continues for a period of twelve consecutive months without a metered
demand in excess of 15 kW, Schedule SC shall apply beginning with the
first month succeeding such twelve month period. Likewise, a customer
on this schedule whose metered demand exceeds 300 kW for any billing
period shall be billed under Schedule LP-2 for the next twelve month
period beginning with the currant month.
Power Factor - Should the power factor be lower than 0.90 lagging, the
City may adjust the measured demand by multiplying by the ratio of 0.90
to the actual power factor.
Pdmary Service - Where service is taken by the customer at the City's
available primary voltage and where the customer owns, operates, and
maintains all service facilities except metering equipment, required to
take service at such voltage, a credit of 2% of the base rate charges will
be allowed. Metering may be primary or secondary (corrected for the
transformer losses) at the City's option.
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Ordinance No. 2166 Page 5
(5)
(h)
Power Cost Adjustment - The Monthly charges under this rate schedule
shall be increased or decreased as necessary to reflect the application
of a power cost adjustment calculated in accordance with Schedule
PCA.
(i)
Off-peak Rider - Where the customer reimburses the City for the cost of
purchasing and installing the required demand metering equipment, as
selected by the City, to continuously monitor a customers load peak
demand, this off-peak rider shall apply in computing the customer's
monthly electric bill. Under this rider, the demand for billing purposes
shall be adjusted to be as follows:
(i)
The peak demand measured during the period defined as the on-
peak period plus one-half the amount the peak demand meas-
ured dudng the off-peak period exceeds the peak demand meas-
ured during the on-peak period.
However, in no case shall the billing demand in any month be
less than 50% of the peak demand measured in the twelve month
period ending with the current month.
The periods for application of this rider are defined as follows:
On-Peak Period - 6:00 AM through 11:00 PM on Monday
through Friday
Off-Peak Period - 11:00 PM through 6:00 AM on Monday
through Friday and 11:00 PM on
Friday through 6:00 AM on Monday
Electric Rate Schedule LP-2 (Large Commercial and Industrial)
(a)
Applicable to all commercial and industrial customers where service is
taken through one meter at one point of delivery and where the monthly
kilowatt demand is greater than 300 kW. Service will be furnished
under this rate schedule subject to the established rules and regulations
of the City covering this type of service. Before service is furnished
hereunder, an individual service agreement contract between the
customer and the City may be required outlining all details of the service
to be supplied, the terms of the contract, and the obligations of each
party.
(b)
Character of Service - A.C., 60 cycles per second, single-phase, 120/240
volts; three phase 120/240, 120/208, 240/480, 277~480, 2400/416,
7200/12,470 volts as available at point of service. Three-phase custom-
ers served via under-ground primary to pad-mounted transformers will be
furnished only 120/208 or 277/480 volt service.
(c) Rate:
Service Charge: $75.00 per month, plus
Demand Charge: $9.08 per kW of monthly billing demand, plus
Energy Charge: $0.0276 per kwhr for all kwhrs
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Ordinance No. 2166 Page 6
(d)
(e)
(f)
(g)
(h)
(i)
Minimum Monthly Charge - The minimum monthly charge under this rate
schedule shall be the highest one of the following charges:
(i)
$2,799.00 per month plus applicable power cost adjustment on
the kilowatt-hours used.
(ii)
The sum of service charge and demand charge under the above
rate plus applicable power cost adjustment on the kilowatt-hours
used.
The minimum monthly charge specified in the customer's service
contract with the City, plus applicable power cost the City, plus
applicable power cost adjustment on the kilowatt-hours used.
Billing Demand - The billing demand shall be in the maximum 15 minute
measured kilowatt demand in the billing period, but not less than 50% of
the peak demand measured in the twelve month period ending with the
current month. Unless otherwise specified in a firm electric service
contract agreement, if at any time a customer, billed under this schedule
continues for a period of twelve consecutive months without a metered
demand in excess of 300 kW, Schedule LP-1 shall apply beginning with
the first month succeeding such twelve month period.
Power Factor - Should the power factor be lower than 0.90 lagging, the
City may adjust the measured demand by multiplying by the ratio of 0.90
the actual power factor.
Pdmary Service - Where service is taken by the customer at the City's
available primary voltage and where the customer owns, operates and
maintains all service facilities, except metering equipment, required to
take service at such voltage, a credit of 2% of the base rate charges will
be allowed. Metering may pdmary or secondary (corrected for the trans-
former losses) at the City's option.
Power Cost Adjustment - The monthly charges under this rate schedule
shall be increased or decreased as necessary to reflect the application
of a power cost adjustment calculated in accordance with Schedule
PCA.
Electric On-Peak/Off-Peak Rider
(i)
Upon the customer's request, this rider shall be made available to
customers billed under the rate schedule LP-2, whose monthly
demand is greater than 300 kW, and who can reduce their load
during the City's On-Peak time between 5:00 p.m. and 8:00 p.m..
Under this rider, the demand for billing purposes shall be
adjusted to be as follows:
(ii)
Rate: The applicable rate schedule demand charges shall be
replaced by the following on-peak/off-peak rates:
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O~inance No. 2166 Page 7
(6)
(7)
On-Peak Demand Charge: $6.40, plus
Off-Peak Demand Charge: $3.31
However, in no case shall the off-peak billing demand in any
month be less than 50% of the off-peak demand measured in the
twelve (12) month period ending with the current month.
The periods for application of this rider are defined as follows:
On-Peak Period - 5:00 PM through 8:00 PM, daily.
Off-Peak Period - 8:00 PM through 5:00 PM, daily.
Electric Rate-Schedule SL (100 Watt Security Liahts)
(a)
(b)
Applicable to service 100 watt security lights installed and maintained by
the City for customers at their request. The customer will be required to
contract for this service for a period to be determined by the City. Service
will be furnished under this rate schedule subject to the established rules
and regulations of the City covering this type of service.
Character of Services - Secudty lighting equipment, including lamps, fix-
tures, controls units, and the necessary security lighting circuits, trans-
formers, guys, anchors, fittings, etc. will be furnished by the City subject
to the payment of an installation fee as set by the City.
(c)
(d)
Rate: $7.60 per month per light.
Power Cost Adjustment - The monthly charges under this rate schedule
shall be increased or decreased as necessary to reflect the application
of a power cost adjustment (based on estimated 39 kwhrs per light per
billing period) calculated in accordance with Schedule PCA.
Electric Rate-Schedule SL (200 Watt Security Liahts)
(a)
Applicable to service 200 watt security lights installed and maintained by
the City for customers at their request. The customer will be required to
contract for this service for a pedod to be determined by the City. Serv-
ice will be furnished under this rate schedule subject to the established
rules and regulations of the City covering this type of service.
(b)
Character of Service - Security lighting equipment, including lamps,
fixtures, control units, and the necessary security lighting circuits, trans-
formers, guys, anchors, fittings, etc. will be furnished by the City subject
to the payment of an installation fee as set by the City.
(c)
(d)
Rate: $10.93 per month per light
Power Cost Adjustment - The monthly charges under this rate schedule
shall be increased or decreased as necessary to reflect the application
of a power cost adjustment (based on estimated 75 kwhrs per light per
billing period) calculated in accordance with Schedule PCA.
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Ordinance No. 2166 Page 8
(e)
(9)
Electric Rate - Schedule SL (400 Watt Security Lights)
(a)
Applicable to service 400 watt security lights installed and maintained by
the City for customers at their request. The customer will be required to
contract for this service for a period to be determined by the city.
(b)
Character of Service - Security lighting equipment, including lamps,
fixtures, control units, and the necessary security lighting circuits, trans-
formers, guys, anchors, fittings, etc. will be furnished by the City subject
to the payment of an installation fee as set by the City.
(c) Rate: $23.00 per month per light.
(d)
Power Cost Adiustment - The monthly charges under this rate schedule
shall be increased or decreased as necessary to reflect the application
of a power cost adjustment (based on estimated 150 kwhrs per light per
billing period) calculated in accordance with Schedule PCA.
Electric Rate-Schedule PCA (Power Cost Adjustment Factor)
Electric service billed under all applicable rate schedules shall be subject to the
application of a power cost adjustment (PCA) charge determined by multiplying
the billing kWh for the current month times a Power Cost Adjustment Factor
(PCAF). The PCAF shall be calculated on an annualized basis in accordance
with the following formula:
Definitions:
PCA=WC - (P) (K) - CF
S
PCA =
Power cost adjustment factor rounded to the nearest 0.0001
cents. ($ per kWh)
WC =
Total estimated wholesale purchased power cost and estimated
delivery charges therefor on an annualized basis from City's
wholesale energy supplier. ($)
P
Total estimated wholesale energy purchases on an annualized
basis from City's wholesale energy supplier. (KWh)
K
Base wholesale power cost included in the City's retail electric
rate schedules. ($0.03 per Kwh)
S
Total estimated kWh er~ergy sales to City customers on an
annualized basis. (kWh)
CF
Correction factor adjustment to be applied to correct for any vari-
ance between actual PCA costs and revenues. The calculation
of CF shall be performed on a periodic basis, but not less than
quarterly, with the results of this reconciliation applied to the
PC^F on an as-needed basis to maintain PCA revenues and
costs in close proximity. ($)
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Ordinance No. 2166 Page 9
where
(10)
The formula for the calculation of the CF shall be as follows:
CF=(A) - (B)
(A)
The actual power cost adjustment revenues received from the
application of the Power Cost Adjustment Factor for the subject
reconciliation period. ($)
(B) =
The actual power cost adjustment costs which should have been
recovered from the application of the Power Cost Adjustment
Factor for the subject reconciliation period. ($)
Electric Rate - Schedule PQF (Purchases from Qualifying Small Power Produc-
tion and Cogeneration Facilities less than or equal to 100 kW)
(a)
Applicable to qualifying Small Power Production and Cogeneration facili-
ties (QF's) with a design capacity of 100 kW or less who contract, under
mutually agreeable terms, with the City for the sale of energy and for any
necessary interconnections. A QF is defined as a small power
production or cogeneration facility that qualifies under Subchapter K,
Part 292, Subpart B of the Federal Energy Regulatory Commission's
Regulations that implement Section 201 and 210 of the Public Utility
Regulatory Policies Act of 1978. Such facilities must fully comply with
the City's Electric Service Rules and Regulations in reference to QF's to
qualify for purchases to be made under this rate.
(b)
Interoonnections Costs - Each QF Producer shall be obligated to pay
interconnection costs directly related to the installation of the physical
facilities necessary to permit interconnected operations with the qualify-
ing facility. Interconnection costs shall be determined in accordance with
the City's Electric Service Rules and Regulations applicable to QF's, and
such costs shall be paid by the QF Producer prior to any purchase of
energy by the City.
(c) Rate
The City will pay the QF Producer for all power purchased at the follow-
ing rates:
(i)
Capacity- No payment shall be made, except by separate firm
power contract between the Producer and the City.
(ii)
Energy - The metered output from the Producer will be purchased
at a rate equal to the City's total energy and fuel cost divided by
the total kwhrs purchased, as calculated from the most recent
wholesale power bill.
In the event that the Producer exercises the option to sell power to the
City, there will be assessed, in addition to the minimum monthly bill
requirements under the applicable service rate schedule(s), a customer
service charge of $15.00 per month to cover costs realized for metering,
billing, maintenance, administrative, and other expenses necessary to
maintain service to the QF.
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O~inance No. 2166 Page 10
(d)
Metering and Payment Options The available revenue metering
arrangements for QF's and the payment options to the Producer for
energy purchases to be made by the City therefrom shall be as defined
in the City's Electric Service Rules and Regulations pertaining to qualify-
lng small power production and cogeneration facilities.
(11)
Electric Rider - HED (Higher Education Discount)
In accordance with Section 2.2141 of the Public Utility Regulatory Act (19951, a
20 percent discount will be given to any four-year state university, upper-level
institution, Texas state technical college or college that qualifies for such
discount under the statute."
I1.
That Chapter 11, Section 4, subsection F, of the Code of Ordinances of the City of College
Station is hereby amended to read as follows:
"F. EFFECTIVE DATE OF RATES
These rates shall be effective on all invoices submitted by the City of College Station to
users on or after February 1, 1996.
The Electric Rider - HED shall be effective on all invoices submitted by the City of
College Station to users on September 1, 1995."
II1.
Should any section, paragraph, sentence, clause, phrase, or word of this ordinance be
declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not
be affected thereby.
IV.
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the
conflict only.
And, it is ordained that this ordinance shall become effective from and after its passage in
accordance with the City charter of the City of College Station.
PASSED and APPROVED this 25th
day ofJanuary, 1996.
ATTEST:
Connie Hooks, City' ~ecretary
APPROVED:
LARRY J. RIN~yor
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§2~.51 Utility Submetering.
(a) General rules.
(1) Purpose and scope.
(A) The provisions of this section are intended to establish a comprehensive regulatory system to assure
that the practices involving submetering and billing of dwelling units are just and reasonable to the tenant
and the owner and to establish the rights and responsibilities ofboth the owner and tenant. The provisions
of this section shall be given a fair and impartial construction to obtain these objectives and shall be
applied uniformly regardless of race, color, creed, sex, or marital status.
(B) For purposes of enforcement, both utilities and owners are subject to the enforcement pursuant to the
Public Utility Regulatory Act, which may involve civil penalties of up to $5,000 for each offense and
criminal penalties for willful and knowing violations.
(2) Application. The provision of this section shall apply to existing apartment houses or mobile home
parks utilizing electrical, water, or wastewater submetering as of the effective date of this section as well
as those apartment houses and mobile home parks which engage in utility submetering as defined by this
section at any subsequent date. By statutory requirement, no incorporated city or town, including a
home-nde city or other political subdivision of the state, may issue a permit, certificate, or other
authorization for the construction or occupancy of a new apartment house or conversion to a
condominium unless the construction plan provides for individual metering by the utility company or
submetering by the owner of each dwelling unit for the measurement of the quantity of electricity, if any,
consumed by the occupants within that dwelling unit. Therefore, the provisions of this section shall also
apply to such apartment houses and condominiums in the event submetering is chosen.
(3) Severability clause. The adoption of this section will in no way preclude the Public Utility
Commission of Texas from altering or amending them in whole or in part, or from requiring any other or
additional service, equipment, facility, or standard, either upon complaint or upon its own motion or upon
application of any utility. Furthermore, these provisions will not relieve in any way an apartment owner or
tenant from any ofits duties under Texas Civil Statutes, article 1446(d), §§1-4, or other laws of this state
or the United States. If any provision ofthis section is held invalid, such invalidity shall not affect other
provisions or application of this section which can be given effect without the invalid provision or
application, and to this end, the provisions of this section are declared to be severable. The provisions of
this section shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or
authority of the commission or the substantive rights of any persons.
(4) Definitions. The following words and terms, when used in this section, shall have the following
meanings, unless the context clearly indicates otherwise.
(A) Apartment house - A building or buildings containing more than five dwelling units, all of which are
rented primarily for nontransient use, with rental paid at intervals of one week or longer. Apartment house
shall include residential condominiums, whether rented or owner occupied.
(B) Commission - The Public Utility Commission of Texas.
(C) Dwelling unit - A room or rooms suitable for occupancy as a residence containing kitchen and
bathroom facilities, or a mobile home in a mobile home park.
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(D) Hearing - Any proceeding based on an application, petition, complaint, or motion.
(E) Master meter - A meter used to measure, for billing purposes, all electric or water usage of an
apartment house or mobile home park, including common areas, common facilities, and dwelling units
therein.
(F) Month or monthly - The period between any two consecutive meter readings by the utility, either
actual or estimated, at approximately 30-day intervals.
(G) Owner - For purposes of this section any owner, operator, or manager of any apartment house or
mobile home park engaged in electric, water, or wastewater utility submetering.
(H) Utility metering - Individual apartment dwelling unit metering of electric, water, or wastewater
utility service performed by a utility company.
(I) Utility service - For purposes of this section, utility service shall include electric, water, and
wastewater service only.
(~) Utility submetering - Individual dwelling unit metering of electric, water, or wastewater utility service
performed by the owner.
Co) Records and reports.
(1) The owner shall maintain and make available for inspection by the tenant the following records:
(A) the billing from the utility to the apartment owner for the current month and the 12 preceding months;
(B) the calculation of the average cost per billing unit, i.e., kilowatt-hour or gallon for the current month
and the 12 preceding months;
(C) all submeter readings and tenant billings for the current month and the 12 preceding months;
(D) all submeter test results for the current month and the 12 preceding months.
(2) Records shall be made available at the resident manager's office during reasonable business hours or, if
there is no resident manager, at the dwelling unit of the tenant at the convenience of both the apartment
owner and tenant.
(3) All records shall be made available to the commission upon request.
(c) Billing. All rental agreements between the owner and the tenants shall clearly state that the dwelling
unit is submetered, that the bills will be issued thereon, that electrical consumption, water consumption, or
wastewater charges based on water consumption for all common areas and common facilities will be the
responsibility of the owner and not of the tenant, and that any disputes relating to the computation of the
tenant's bill and the accuracy of the submetering device will be between the tenant and the owner. Each
owner shall provide a tenant, at the time the lease is signed, a copy of this section or a narrative summary
as approved by the commission to assure that the tenant is informed of his rights and the owner's
responsibilities under this section of the substantive rules.
(1) Rendering and form of bill.
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(A) Bills shall be rendered for the same billing period as that of the utility, generally monthly, unless
service is rendered for less than that period. Bills shaH be rendered as promptly as possible following the
reading of the submeters. The submeters shall be read within three days of the scheduled reading date of
the utility's master meter.
(B) The billing unit shall be that used by the utility in its billing to the owner such as kilowatt-hour for
electric submetering and gallon for water or wastwater submetering.
(C) The owner shall be responsible for determining that the energy or water consumption billed to any
dwelling unit shall be only for that submetered and consumed within that unit.
(D) Submetered billings shall not be included as part of the rental payment or as part of billings for any
other service to the tenant. A separate billing must be issued or, of issued on a multi-item bill, submetered
billing information must be separate and distinct fi.om any other charges on the bill and conform to
information required in subparagraph (H) of this paragraph. The submetered bill must clearly state
"submetered electricity" or "submetered water" or "submetered wastewater" as applies.
(E) The bill shall reflect only submetered usage. Utility consumption of aH common facilities will be the
responsibility of the owner and not of the tenant. Allocation of central systems for air conditioning,
heating and hot water are not prohibited by these rules as set forth in section §23.$0 of this title (relating
to Central System or Nonsubmetered Master Metered Utilities).
(F) The owner shall not impose any extra charges on the tenant over and above those charges which are
billed by the utility to the owner. The bill may not include a deposit, late penalty, reconnect charge, or any
other charges unless otherwise provided for by these sections.
(i) A one-time penalty not to exceed 5.0% may be made on delinquent accounts. If such penalty is applied,
the bill shall indicate the amount due if paid by the due date and the amount due if the late penalty is
incurred. No late penalty may be applied unless agreed to by the tenant in a written lease which states the
exact dollar or percentage amount of such late penalty.
(ii) A reconnect fee may be applied if service to the tenant is disconnected for non-payment of submetered
bills in accordance with subsection (d)(1) of this section. Such reconnect fee shah be calculated based on
the average actual cost to the owner for the expenses associated with the reconnection, but under no
circumstances shall exceed $10. No reconnect charge may be applied unless agreed to by the tenant in a
written lease which states the exact dollar amount of such reconnect charge.
(G) The tenant's submeter bills shall be calculated in the following manner:
(i) after the electric bill is received fi.om the utility, the owner shall divide the net total charges for
electrical consumption, plus applicable tax, by the total number of kilowatt-hours to obtain an average
cost per kilowatt-hour. The average kilowatt-hour cost shall then be multiplied by each tenant's
kilowatt-hour consumption to obtain the change to the tenant. The computation of the average cost per
kilowatt-hour shall not include any penalties charged by the utility to the owner for disconnect, reconnect,
late payment, or other similar service charges.
(ii) The tenant's water or wastewater submeter bills shall be calculated in the following manner: after the
water or wastewater bill is received fi.om the utility, the owner shall divide the net total charges for water
or sewer consumption, plus applicable tax, by the total number of billing units to obtain an average cost
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per billing unit. This average billing unit cost shall then be multiplied by each tenant's consumption to
obtain the charge to the tenant. The average cost per billing unit shall not include any penalties charged by
the utility to the owner for disconnect, reconnect, late payment or other similar service charges.
(H) The tenant's electric and water or wastewater submeter bill shall show all of the following information:
(i) the date and reading of the submeter at the beginning and at the end of the period for which the bill is
rendered;
(ii) the number of billing units metered;
(iii) the computed rate per billing unit;
(iv) the total amount due for electricity or water used;
(v) a clear and unambiguous statement that the bill is not from the utility, which shall be named in the
statement;
(vi) the name and address of the tenant to whom the bill is applicable;
(vii) the name of the firm rendering the submetering bill and the name or title, address, and telephone
number of the person or persons to be contacted in case of a billing dispute;
(viii) the date by which the tenant must pay the bill; and
(ix) the name, address, and telephone number of the party to whom payment is to be made.
(2) Due date. The due date of the bill shall not be less than seven days after issuance. A bill for
submetered service is delinquent if not received by the party indicated on the bill by the due date. The
postmark date, if any, on the envelope of the bill or on the bill itself shall constitute proof of the date of
issuance. An issuance date on the bill shall constitute proof of the date of issuance if there is no postmark
on the envelope or bill. If the due date falls on a holiday or weekend, the due date for payment purposes
shall be the next work day after the due date.
(3) Disputed bills. In the event of a dispute between the tenant and the owner regarding any bill, the
owner shall forthwith make such investigation as shall be required by the particular case, and report the
results thereof to the tenant. The investigation and report shall be completed within 30 days from the date
the tenant notified the owner of the dispute.
(4) Tenant access to records. The tenants of any dwelling unit whose electrical consumption, water
consumption, or wastewater based on water consumption is submetered shall be allowed by the owner to
review and copy the master billing for the current month's billing period and for the 12 preceding months,
and ail submeter readings of the entire apartment house or mobile home park for the current month and
for the 12 preceding months.
(5) Estimated bills. Estimated bills shall not be rendered unless the meter has been tampered with or is
out of order, and in such case the bill shall be distinctly marked as such.
(6) Overbilling and underbiiling. If submetered billings are found to be in error, the owner shall
calculate a billing adjustment. If the tenant is due a refund, an adjustment shall be made for the entire
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period of the overcharges, ffthe tenant was undercharged, the owner may backbill the tenant for the
amount which was underbilled. The backbilling is not to exceed six months unless the owner can produce
records to identify and justify the additional amount ofbackbilling. If the underbilling is $25 or more, the
owner shall offer to such tenant a deferred payment plan option, for the same length of time as that of the
underbilling. However, the owner may not disconnect service if the tenant falls to pay charges arising from
an underbilling more than six months prior to the date the tenant was initially notified of the amount of the
undercharges and the total additional amount due. Furthermore, adjustments for usage by a previous
tenant may not be backbilled to the current tenant.
(7) Level and average payment plan. Owners with seasonal usage or seasonal demands are encouraged
to offer a level payment plan or average payment plan to elderly or chronically ill tenants who may be on
fixed incomes and to other tenants having similarly unique financial needs.
(A) The payment plan may be one of the following methods:
(i) A level payment plan allowing eligible tenants to pay on a monthly basis a fixed billing rate of
one-twelRh of that tenant's estimated annual consumption at the appropriate rates, with provisions for
quarterly adjustments as may be determined based on actual usage.
(ii) An average payment plan allowing tenants to pay on a monthly basis one-twelfth of the sum of that
tenant's current month's consumption plus the previous 11 month's consumption (or an estimate thereof,
for a new customer) at the appropriate customer class rates, plus a portion of any unbilled balance.
Provisions for annual adjustments as may be determined based on actual usage shall be provided. If at the
end of a year the owner determines that he has collected an amount different than he has been charged by
the utility, the owner must refund any overcollection and may surcharge any undercollection over the next
year.
(B) Under either of the plans outlined in subparagraph (A) of this paragraph the owner is prohibited from
charging the tenant any interest that may accrue. Any seasonal overcharges or undercharges will be carried
by the owner of the complex.
(C) If a tenant does not fulfil the terms and obligations of a level payment agreement or an average
payment plan, the owner shall have the right to disconnect service to that tenant pursuant to the
disconnection rules provided elsewhere in these sections.
(D) The owner may collect a deposit from all tenants entering into level payment plans or average
payment plans; the deposit will not exceed an amount equivalent to one-sixth of the estimated annual
billing. Notwithstanding any other provision in these sections, the owner may retain said deposit for the
duration of the level or average payment plan; however, the owner shall pay such interest on the deposit
as is provided elsewhere in these sections.
(d) Discontinuance of Service.
(1) Disconnection for delinquent bills.
(A) Utility service may only be disconnected for nonpayment of utility bills. A tenant's utility service may
be disconnected ifa bill has not been paid within 12 days for the date of issuance and proper notice has
been given. Proper notice shall consist cfa separate mailing or hand delivery at least five days prior to a
stated date of disconnection, with the words "termination notice" or similar language prominently
displayed on the notice. The notice shall include the office or street address where a tenant can go during
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normal working hours to make arrangements for payment of the bill and for reconnection of service.
(B) Under these provisions, a tenant's electric service may not be discontinued for nonpayment of water or
wastewater service and water or wastewater service may not be discontinued for nonpayment of electric
service.
(2) Disconnection on holidays or weekends. Unless a dangerous condition exists, or unless the tenant
requests disconnection, service shall not be disconnected on a day, or on a day immediately preceding a
day, when personnel of the apartment house or mobile home park are not available for the purpose of
making collections and reconnecting service.
(e) Submeters.
(1) Submeter requirements.
(A) Use of submeter. All electrical energy or water sold by an owner shall be charged for by meter
measurements.
(B) Installation by owner. Unless otherwise authorized by the commission, each owner shall be
responsible for providing, installing, and maintaining all submeters necessary for the measurement of
electrical energy, water, or wastewater to its tenants.
(2) Submeter records. Each owner shall keep the following records:
(A) Submeter equipment record. Each owner shall keep a record of all of its submeters, showing the
tenant's address and date of the last test.
(B) Records of submeter tests. All submeter tests shall be properly referenced to the submeter record
provided in this section. The record of each test made shall show the identifying number of the submeter,
the standard meter and other measuring devices used, the date and kind of test made, by whom made, the
error (or percentage of accuracy), and sufficient data to permit verification of all calculations.
(3) Submeter readings. Submeter unit indication. In general, each meter shall indicate clearly the
kilowatt-hours or gallons for which charge is made to the tenant.
(4) Submeter tests on request of tenant. Each owner shall, upon the request of a tenant, and if the
tenant so desires, in the tenant's presence or in that of the tenant's authorized representative, make a test
of the accuracy of the tenant's submeter. The test shall be made during reasonable business hours at a time
convenient to the tenant desiring to observe the test. If the submeter tests within the accuracy standards
for self-contained watt-hour meters as established by the latest edition of American National Standards
Institute, Incorporated, (ANSI), Standard C 12 (American National Code for Electricity Metering), or by
the standards set by the American Water Works Association (AWWA) for water or wastewater meters, a
charge of up to $15 may be charged the tenant for making the test. However, if the submeter has not been
tested within a period of one year, or if the submeter's accuracy is not within the appropriate accuracy
standards, no charge shall be made to the tenant for making the test. Following completion of any
requested test, the owner shall promptly advise the tenant of the results of the test.
(5) Bill adjustment due to submeter error. If any submeter is found not to be within the accuracy
standards in subsection (e)(4) of this section proper correction shall be made of previous readings. An
adjusted bill shall be rendered in accordance with subsection (c)(6) of this section. If a submeter is found
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not to register for any period, unless bypassed or tampered with, the owner may make a charge for units
used, but not metered, for a period not to exceed one month based on amounts used under similar
conditions during periods preceding or subsequent thereto, or during the corresponding period in previous
years.
(6) Bill adjustment due to conversion. If, during the 90-day period preceding the installation of meters
or submeters, an owner increases rental rates, and such increase is attributable to increased costs of
utilities, then such owner shall immediately reduce the rental rate by the amount of such increase and shall
refund all of such increase that has previously been collected within said 90-day period.
(7) Location of submeters. Submeters, service switches, or cut-offvalves in conjunction with the
submeters shall be installed in accordance with the latest edition of ANSI, Standard C12, or by the
standards set by the AWWA, and will be readily accessible for reading, testing, and inspection, where such
activities will cause minimum interference and inconvenience to the tenant.
(8) Submeter testing facilities and equipment.
(A) Qualified expert. Each owner engaged in electric submetering shall engage an independent qualified
expert to provide such instruments and other equipment and facilities as may be necessary to make the
submeter tests required by this section. Such equipment and facilities shall generally conform to ANSI,
Standard C12, or to the AWWA unless otherwise prescribed by the commission, and shall be acceptable
to the commission and shall be available at all reasonable times for the inspection by its authorized
representatives.
03) Portable standards. Each owner engaged in electrical submetering shall, unless specifically excused
by the commission, provide or utilize a testing firm which provides portable test instruments as necessary
for testing billing submeters.
(C) Reference standards. Each owner shall provide or have access to suitable indicating instruments as
reference standards for insuring the accuracy of shop and portable instruments used for testing billing
submeters.
(D) Testing of reference standards. Reference standards of all kinds shall be submitted once each year or
on a scheduled basis approved by the commission to a standardizing laboratory of recognized standing, for
the purpose of testing and adjustment.
03) Calibration of test equipment. All shop and portable instruments used for testing billing submeters
shall be calibrated by comparing them with a reference standard at least every 120 days during the time
such test instruments are being regularly used. Test equipment shall at all times be accompanied by a
certified calibration card signed by the proper authority, giving the date when it was last certified and
adjusted. Records of certifications and calibrations shall be kept on file in the office of the owner.
(9) Accuracy requirements for submeters.
(A) Limits. No submeter that exceeds the test calibration limits for self-contained watt-hour meters as set
by the ANSI, Standard C 12, or by the AWWA shall be placed in service or left in service. All electrical
current transformers, potential transformers, or other such devices used in conjunction with an electric
submeter shall be considered part ofthe submeter and must also meet test calibration and phase angle
limits set by ANSI C12 and C57.13 for revenue billing. A nameplate shall be attached to each transformer
and shall include or refer to calibration and phase angle data and other information required by ANSI C12
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and ANSI C57.13 for revenue billing. Whenever or installation, periodic, or other tests, an electric
submeter or transformer is found to exceed these limits, it shall be adjusted, repaired, or replaced.
(B) Adjustments. Submeters shall be adjusted as close as possible to the condition of zero error. The
tolerances are specified only to allow for necessary variations.
(10) Submeter tests prior to installation. No submeter shall be placed in service unless its accuracy has
been established. If any submeter is removed from actual service and replaced by another submeter for any
purpose whatsoever, it shall be properly tested and adjusted before being placed in service again.
(11) Te~ting of electric submeters in service. Standard electromechanical single stator watt-hour meters
with permanent braking magnets shall be tested in accordance with ANSI C 12 standards for periodic,
variable interval, or statistical sampling testing programs. All other types of submeters shall be tested at
least annually unless specified otherwise by the commission.
(12) Restriction. Unless otherwise provided by the commission, no dwelling unit may be submetered
unless all dwelling units are submetered.
(13) Same type meters required. All submeters which are served by the same master meter shall be of
the same type, such as induction or electronic.
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