HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - FIRST READING OF ORDINANCE NO. 194, 2006, APPROVIN ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: December5, 2006
FORT COLLINS CITY COUNCIL STAFF: Michael B. Smith
Bill Bray
SUBJECT
First Reading of Ordinance No. 194, 2006, Approving Revised Electric Service Rules and
Regulations.
RECOMMENDATION
Staff and the Electric Board recommend adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The current Electric Service Rules and Regulations were last revised in 2002. Since that time,
the section of this document governing the installation and operation of distributed electrical
generation at a customer's facilities has become obsolete. A growing interest in photovoltaic
systems and alternative fuel generation has made it necessary to update the Electric Service
Rules and Regulations to better accommodate these types of installations.
BACKGROUND
The Electric Service Rules and Regulations are authorized by Section 26-463 of the City Code.
This section reads as follows:
(a) The rules and regulations applicable to electric service and persons
receiving electric service from the city shall be such rules and regulations as are
adopted by the General Manager and approved by ordinance of the City Council.
(b) Upon such adoption and approval, all such rules and regulations shall be
in full force and effect and shall apply to any person, corporation or other entity
receiving electric service from the city.
Current language in the regulations requires that the Federal Energy Regulatory Commission
(FERC) certify a customer's generating facility. This presents a significant restriction for most
customers. Electric engineering staff has evaluated the need for this requirement and determined
a less restrictive approach that includes in-house review and approval of generation facilities,
rather than relying on FERC certification, will meet the City's needs. The current regulations
also do not allow the Utility to purchase any net excess generation from the customer, citing the
City's obligation to purchase all energy from the Platte River Power Authority. With customers
December 5, 2006 -2- Item No. 15
voicing a preference for this option, Platte River has modified its electric tariffs to allow some
flexibility in this area. These changes have now made it feasible for the City to modify the
language in the Electric Service Rules and Regulations as shown in Exhibit A to the Ordinance.
A few minor housekeeping changes are also proposed in the revision. These include:
• Changing the title of the "Construction Policies Practices and Procedures" to "Electric
Service Standards".
• Treats unpaid returned electronic funds transfers as the equivalent of returned checks for
the purpose of fee administration.
• Relocating the sections on "Contractor Access to Energized Transformer
Compartments", Locating Policy' "Excavations"Excavations from the Construction Policies to
the Electric Service Rules and Regulations.
• A small change related to the wording of the"Power Factor" Section.
The Electric Board reviewed the proposed changes to the Electric Service Rules and Regulations
at its February 15, 2006 Board meeting and recommended approval of the changes.
SUMMARY
The proposed changes to the Electric Service Rules and Regulations deal almost exclusively
with customer-owned distributed generation equipment that is operated in parallel with the
Utility distribution system. These changes are being made to better accommodate customer
needs and promote installation of alternative energy systems while at the same time ensuring
system reliability, customer/employee safety, and protection of the City's economic interests in
its electric distribution system.
Fort Collins Utilities Electric Board Minutes
Wednesday, February 15, 2006
Electric Board Chair City Council Liaison
John Morris 377-8221 Kurt Kastein
Electric Board Vice Chair Staff Liaison
Tracy Babst-Wiedenbrug 482-0108 DeEtta Carr 221-6702
Roll all:
Board Present
Chairperson John Morris,Tracy Babst-Wiedenbrug, Tom Barnish, Dan Bihn,John Harris,
and Alison Mason
Absent
Jeff Lebesch
Staff Present.
Bill Bray, DeEtta Carr, Eric Dahlgren,Bob Micek, Tom Rock, Mike Smith and Dennis Sumner
Meeting Convened
Chairperson John Morris called the meeting to order at 5:35 p.m.
Citizen Participation
There was no public comment.
Approve Minutes of October 19,2005 Meeting
Board member Tom Barnish made a motion, seconded by Board member Tracy Babst-
Wiedenbrug to approve the minutes of the November 16, 2005 meeting. The motion passed
unanimously.
Electric Service Rules and Regulations
Bill Bray, Electric Planning and Engineering Services Manager reviewed the proposed changes
to the Electric Service Rules and Regulations. The current Regulations were last revised in 2002.
A growing interest in photovoltaic systems and alternative fuel generation has made it necessary
to update these rules and regulations to better accommodate these types of installations.
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Electric Board Meeting Minutes
February 15, 2005
Page 2
Board member Tom Bamish made a motion seconded by Board member Dan Bihn to approve
the Electric Service Rules and Regulations with the revised changes. The motion passed
unanimously.
Review Electric Board's position of combining with Water Board
A discussion was held on the pros and cons of combining the Electric Board and Water Board. A
joint meeting is scheduled for Wednesday,March 15 at 5:30 p.m. in the Utilities Training Room.
Election of Officers
Board member Tom Barnish made a motion seconded by Dan Bihn to nominate John Morris to
continue as Chair. The motion passed unanimously.
Board member Alison Mason nominated Tracy Babst-Wiedenbrug as Vice-Chair. Dan Bihn
seconded the motion. The motion passed with a 3-1 vote.
Other Business
Board member Alison Mason announced that there will be a network metering convention on
Wednesday,February 22. Alison will give a brief summary of the workshop at the April
meeting.
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Adjournment
Board member Tom Bamish made a motion, seconded by Board member Tracy Babst-
Wiedenbrug to adjourn. The motion passed unanimously.
azz. inn
DeEtta Carr, Electric Board Liaison
-2-
ORDINANCE NO. 194, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING REVISED ELECTRIC SERVICE RULES AND REGULATIONS
WHEREAS, Section 26-463 of the Fort Collins City Code requires that the rules and
regulations applicable to electric service and persons receiving electric service provided by the city
shall be such rules as are adopted by the Utilities General Manager and approved by ordinance of
the City Council; and
WHEREAS,the Electric Service Rules and Regulations were last revised in 2002 when they
were approved by Ordinance No. 083, 2002; and
WHEREAS, the Utilities General Manager has recommended that changes be made to the
Electric Service Rules and Regulations simplifying the approval of customer owned generation
facilities which are operated in parallel with the Utilities distribution system in order to better
accommodate customer needs and to promote alternative energy systems; and
WHEREAS, the changes will continue to ensure system reliability and promote customer
and employee safety; and
WHEREAS,the Electric Board reviewed the proposed changes to the Electric Service Rules
and Regulations on February 15, 2006 and unanimously recommended approval of the same;
WHEREAS, the Utilities General Manager has also recommended several additional
"housekeeping"revisions to the Electric Service Rules and Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Electric Service Rules and Regulations as shown in the attached Exhibit A are
hereby approved by the City Council.
Introduced, considered favorably on first reading, and ordered published this 5th day of
December, A.D. 2006, and to be presented for final passage on the 19th day of December, A.D.
2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of December, A.D. 2006.
Mayor
ATTEST:
City Clerk
EXHIBIT A
CITY OF FORT COLLINS UTILITIES
Electric Service Rules and Regulations
1. Authority for Regulations
This policy and the regulations it implements are authorized by Section 26-463 of the Code of the
City of Fort Collins, and shall be available for public review at the Fort Collins Utilities Service
Center,the Fort Collins Utilities Customer Service Office and the Office of the City Clerk of the
City of Fort Collins.
2. General
2.1. These rules and regulations set forth terms and conditions under which electric service is
supplied by the City of Fort Collins Utilities (hereinafter called the Utilities) and are
intended to govern all classes of electric service supplied by the Utilities to customers
(sometimes called users)both within and outside the corporate limits of the City.
2.2. The Utilities provides a choice of several rate schedules for electric service to the following
customer classes: residential, commercial and industrial. Charges, applicability and terms
and conditions of service are specified in each of the rate schedules.
2.3. Copies of the electric rate schedules are available at the Utilities Customer Service Office.
2.4. In addition to the provisions and conditions herein, service supplied under the electric rate
schedules is subject to the service regulations specified in the rates, Fleei�e Ge_ trueiie fl
" 1 eies D""""""" and Pfeeedere Electric_Service_Standarls, and such amendments or
additions thereto as may be made by the City.
2.5. Electric service furnished by the Utilities is also subject to the requirements set forth in the
Code of the City relating to electrical installations, inspections, licensing, permits and
regulations, and in the rules and regulations of the Chief Electrical Inspector pursuant to the
Electrical Code.
2.6. Any waiver at any time of the Utilities' requirements under these rules and regulations shall
not be deemed as a waiver as to any violation or other matter subsequently occurring.
3. Service Available
3.1. Unless stated otherwise in the rules and regulations pertaining to specific electric rate
schedules, electric service supplied shall be 60 cycle alternating current typically as follows:
• Single Phase
3-wire 120/240 or 120/208 volts
• Three Phase
4-wire 208 wye/120 volts
4-wire 480 wye/277 volts
3.2. The Utilities reserves the right to specify the phase and nominal voltage at which service
shall be supplied and to serve at different voltages where distribution is made at other
nominal voltages.
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4. Type of Service
4.1. Permanent
Unless specific arrangements are made to the contrary, electric service shall be considered
rendered on a continuous, permanent basis subject to termination as provided later in these
rules and regulations.
4.2. Temporary Service
Temporary service is defined as electric service provided for a short-term need, such as that
service required by such customers as circuses, construction contractors, carnivals, tent shows
and similar enterprises. Prior to the start of any construction required to provide temporary
service, the applicant shall pay to the Utilities an amount equal to the Utilities' estimate of
the total cost of constructing and removing all facilities necessary to supply the desired service
less the salvage value of the materials used. At the Utilities' option, this billing may be issued
following completion of the temporary installation. The amount paid is non-refundable and
cannot be applied to service bills. The cost of electric service shall be in accordance with the
provisions of the application for such service and shall be as stated in the applicable rate
schedules.
5. Term of Service
5.1. Discontinuance by Customer
5.1.1. Any customer desiring to discontinue electric service should complete and
submit a "Termination Request" form to the Utilities three days prior to
the desired discontinuance date. At the Utilities discretion, requests to
discontinue service may be accepted by telephone.
5.1.2. The customer shall be financially responsible in any event for electric
service rendered until the final meter reading is obtained. Further, such
request does not relieve the customer in any way from any minimums or
payments guaranteed under the customer's service contract.
5.2. Discontinuance by the Utilities
5.2.1. The Utilities may discontinue service under any of the following
conditions:
a) If, in the opinion of the Utilities,the user's wiring or equipment is considered
unsafe, service may be discontinued after notice and shall not be reconnected
until the unsafe condition has been corrected. The Utilities may discontinue
service without notice to the user if the unsafe condition could be considered
dangerous to the life, health or safety of any person. Notice is defined as the
Utilities depositing, postage prepaid, in the first-class United States mail, such
notice or letter to the user describing any unsafe conditions. Personal contact or a
door hanger may be utilized in lieu of a mailing
b) If, in the opinion of the Utilities, the user's wiring or equipment is considered
unsafe, service may be discontinued after notice and shall not be reconnected
until the unsafe condition has been corrected. The Utilities may discontinue
service without notice to the user if the unsafe condition could be considered
dangerous to the life, health or safety of any person.Notice is defined as the
Utilities depositing,postage prepaid, in the first- class United States mail, such
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notice or letter to the user describing any unsafe conditions. Personal contact or a
door hanger may be utilized in lieu of a mailing.
c) Service may be discontinued without notice to the user if, in the opinion of the
Utilities, continued service is detrimental to the Utilities' facilities or to others
served by the Utilities.
d) Service may be discontinued for nonpayment of past-due accounts directly or
indirectly related to the provision of electric service, in which event written
notice shall be given in accordance with the"Termination of Service-Notice and
Hearing' section.
e) The customer shall not connect any energy-consuming appliance or device on
the Utilities' side of a meter or tamper or otherwise interfere with the proper
operation or registration of the Utilities' meter or permit others to perform such
connection, interference or tampering. Violation of this provision may subject the
customer to criminal prosecution and result in the disconnection of service
without notice. Service will not be reconnected until the customer has paid an
estimated service bill for the approximate period during which such violation
existed and has installed standard service entrance wiring in accordance with the
prevailing requirements of the Code of the City relating to electrical installations,
inspections, licensing,permits and regulations.
f) Service may be discontinued upon violation of the provisions described under
the section headed "Customer's Use and Facilities" as included herein.
g) Except where written notice prior to discontinuing services is specifically not
required by these regulations or has been waived in writing by the customer,
services shall not be discontinued prior to the giving of written notice required by
these rules and regulations.
5.3. Reconnection Fees
In the event of disconnection by the Utilities for any of the foregoing causes, and after
evidence is submitted that the cause for disconnection has been corrected, electric service
shall not be restored until payment of a combined administrative and service restoration fee
has been made.
5.4. Termination of Service-Notice and Hearing
5.4.1. If any bill for electrical service is not paid in full as of the date specified
on the utility bill or if the Utilities determines that service shall be
terminated and written notice is required pursuant to these rules and
regulations, the Utilities shall mail via first-class United States mail or
shall cause to be delivered to the customer's premise receiving service, a
written Delinquency Notice or Notice of Intent to Terminate. Such written
notice shall be addressed to the customer at the address to which bills for
service have been sent and shall contain the following information:
a) The number of the account.
b) The amount of the unpaid bill, the date of the unpaid bill, or the other
condition causing service to be terminated.
c) The officer of the City or the Utilities to be contacted to inquire about the
written notice and telephone number at which such officer can be reached. Such
officer shall be authorized to change any electrical service billing that is in error.
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d) The date, not less than seven days from the date the written notice is mailed,
on which service shall be terminated if the account is not paid or if the condition
causing termination of service is not corrected.
e) Advisement of an additional charge if a turnoff notice is mailed or delivered.
5.4.2. If an agreement on the amount due or other reason for termination cannot
be reached with the officer identified in the notice, the customer has the
right to a protest hearing before the hearing officer. A written request for
such a hearing must be filed with the Utilities' Customer Service Office
prior to the proposed date of termination of service. The customer may
appeal an unfavorable decision to the financial officer whose decision is
final.
5.4.3. If, by the date specified in the notice, the condition warranting
disconnection has not been corrected and no appeal has been upheld, or if
a check for payment of utility service has been returned by the bank upon
which it was issued as non-payable,the Utilities may mail or deliver a
turnoff notice to the premises served. Such notice shall be left on the
premises or sent via first class United States mail and no further delivery
of notice shall be required. Such notice shall contain the following:
a) The name of the customer and the number of the account
b) The name of the customer and the number of the account.
c) The address of the premises served.
d) The date and time, not less than 48 hours after mailing or delivery of the
notice, when service shall be terminated unless the condition causing termination
of service is corrected.
e) The amount required to be paid, or the condition to be corrected, in order to
avoid termination of service.
f) The amount of additional charge that shall be imposed to reinstate service if
service is terminated.
5.4.4. If the delinquent account is not paid, or the other condition causing
termination not corrected, within the time required by the turn-off notice,
the Utilities shall terminate service to the premises. Service shall not be
reinstated until the cause for disconnection has been corrected and the
turn-off notice fee and a service restoration fee have been paid. Such fees
shall be cost based.
6. Refusal of Service
6.1. The Utilities may refuse to provide service or to install service equipment under any of the
following conditions:
6.1.1. The person or firm requesting the service or installation of service
equipment currently owes the Utilities a delinquent amount for any utility
services previously provided,whether to the same or different premises.
6.1.2. The person or firm requesting the service or installation of service
equipment owes the Utilities a delinquent amount for utility service
equipment previously installed.
6.2. If the Utilities refuses to provide service or install service equipment as specified herein, the
person or firm requesting such service shall be informed by the Utilities in writing within
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five business days as to the reason for the refusal and the delinquent amount that must be
paid before the Utilities shall fulfill the request.
6.3. Notwithstanding the above, if any person or firm disputes the amount owed, such person or
firm may receive service as requested after depositing with the Utilities the amount
requested, to be held by the Utilities in trust, for a period not to exceed thirty days, pending
final determination of the amount owed. Such person or firm shall submit, within fifteen
days of receipt of the Refusal of Service notice, a written statement as to the disputed
amount, and the Utilities shall make its determination within fifteen days of such statement.
6.4. If such statement is not submitted to the Utilities within said fifteen days, or if the shall
determine that the amount is properly owed to Utilities, said deposited amount shall be
delivered to the Utilities in satisfaction of the amount owed. Appeal of any such
determination by the Utilities shall be in accordance with the "Termination of Service Notice
and Hearing"procedures provided in these rules and regulations.
7. Service Contract
7.1. Application
7.1.1. The service connection at any location under any schedule of rates shall
be preceded by a signed application for service at the Utilities' Customer
Service Office.Not withstanding the foregoing, at the Utilities' sole
discretion, applications for utility service may be accepted by telephone.
7.1.2. Approval of an application by the Utilities and acceptance of utility
service by the shall constitute a contract between the customer and the
Utilities whereby the customer shall agree to pay the Utilities for utility
service in accordance with the applicable rate schedule and to abide by the
rules and regulations contained herein. This contractual obligation of the
customer may not be assigned without the prior approval of the Utilities.
7.1.3. The property owner of the premises to be served, if different than the
applicant, shall be jointly financially responsible for all utility services
delivered to the premises, regardless of any change of tenancy or
ownership. Accordingly,the Utilities may require the property owner to
sign the application for service.
7.1.4. In the case of multiple services, separate applications shall be required for
each service under the rate schedule applicable to such service.
7.1.5. Meter readings shall not be combined for billing purposes, except when
aggregated readings are available and deemed appropriate by the Utilities.
7.1.6. No promise, agreement or representation of any employee of the Utilities
shall be binding upon the Utilities, unless the same shall have been
incorporated in the application and recorded in a written contract for
service.
7.2. Service Charge
A charge shall be made for the processing of a request for electric service as prescribed by
the applicable rate schedule.
7.3. Service Deposit
7.3.1. The Utilities may at anytime require any utility customer to pay a service
deposit if the customer has received one or more final turn-off notices for
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delinquency or if the customer is unable to provide proof of satisfactory
credit history, or for any other reason that the Utilities may deem
appropriate.
7.3.2. The amount of the deposit shall be two times the estimated monthly bill
for electrical energy to the premises served as determined by the Utilities.
7.4. Returned Checks and Returned Electric Funds Transfers
The Utilities shall charge a fee for any check returned unpaid for any reason from a bank. The
return�d_check fee shall also apples electric Binds transfer(FFTl r tt rn un -for
anv reason fr m a nk._The Utilities may also deliver to the customer a turnoff notice in
accordance with these rules and regulations.
7.5. Selection of Rates
7.5.1. The Utilities shall, if desired, assist the prospective customer in selecting
the available rate for service best suited for his requirements.
7.5.2. The customer shall be responsible for the rate schedule selected or under
which service has been used, and the customer's use of service and
payment therefor shall be in accordance with the provisions thereof.
7.5.3. if a customer desires to change the rate under which electric service is
rendered, an application for service under the new rate must be submitted
by the customer.
7.5.4. Based upon the customers historical billing demand, the Utilities may
require a customer to change to an applicable rate.
8. Metering and Billing
8.1. Metering of Service
8.1.1. The customer shall provide at the customer's expense, suitable mounting
space or enclosure, conduit and associated equipment for the installation
of metering in accordance with the Utilities' "Electric Construction
Policies Practices and Procedures"and the Code of the City relating to
electrical installations,inspections, licensing,permits and regulations.
8.1.2. The Utilities shall own and maintain metering equipment suitable and
necessary for measuring the electric energy supplied.
8.1.3. Service supplied under each electric rate schedule shall be separately
measured and billed.
8.1.4. Primary metering equipment shall be at the expense of the customer as a
nonrefundable Contribution in Aid of Construction.
8.1.5. With the exception of service to adjoining properties owned and
controlled by the user as a single commercial or business enterprise,
service to the same customer at different locations shall necessitate
separate applications for metering and billing.
8.1.6. Service shall be supplied and metered at the secondary voltages listed
under "Service Available" section above unless otherwise approved by the
Utilities.
8.1.7. The location of the meters shall allow access, at all times,by Utilities
personnel for the purposes of reading meters and maintaining Utilities
-owned equipment.
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8.1.8. The location shall be on the exterior, unless otherwise approved by the
Utilities.
8.1.9. Each meter socket shall be plainly and permanently marked to indicate
which unit is supplied therefrom. The marking is to be the same as the
mailing address for each unit. The owner or developer shall be responsible
for electricity delivered through unmarked, illegible or improperly labeled
meter sockets. Expenses incurred by the Utilities related to correcting
improperly labeled meters shall be billed to the developer or owner.
8.2. Accuracy of Meters
8.2.1. Meters measuring electric service shall be checked for accuracy before
installation and periodically thereafter on a scheduled or sample basis as
determined by the Utilities.
8.2.2. Meters shall be considered accurate when they measure within 2%plus or
minus when tested at 100% of full test current.No meter shall be kept in
service that registers usage under no load conditions.
8.3. Billing Period
8.3.1. Meter reading shall be accomplished as nearly as practicable on a
thirty-day or monthly basis.
8.3.2. Bills for payment become delinquent within twenty-five days after the
billing date and the service becomes subject to shut-off as provided under
"Discontinuance by the Utilities."
8.3.3. If the Utilities is unable for any reason to gain access to read any meter, or
for any other reason the Utilities is unable to obtain a meter reading, the
consumption and demand shall be estimated by the Utilities.
8.4. Budget Billing
8.4.1. If any single-family residential customer has resided at the service address
for six months, has a satisfactory payment history and so requests,the
Utilities may estimate the average monthly bill of such customer based
upon the historic use of electrical service by that customer at that service
address.
8.4.2. Such average amount shall be the monthly bill rendered to the customer
for eleven billing periods. In the twelfth billing period,the Utilities shall
collect the amount the customer owes or apply a credit to the customer's
account for over-payments.
8.4.3. The monthly budget billing amount shall be adjusted for changes in the
base electrical rate or historical use.
8.4.4. Budget billing can be obtained upon making a request for the same at the
Utilities' Customer Service Office.
8.5. Fixed Consumption Billing
8.5.1. Fixed Consumption Billing is defined as billing for service provided to a
constant or predictable unmetered, electrical load for which the Utilities
has predetermined the customer's billing consumption based upon
connected load, estimated usage,test measurements or other means.
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8.5.2. Billing amounts and terms of service shall be in accordance with the
electric rate schedule which would be applicable to the load if it were
metered; provided, however, that the Utilities reserves the right to correct
past billing amounts at any time to correspond with test metering results
and to adjust billing consumption in accordance with updated load
estimates based on current or anticipated loads and conditions.
8.5.3. Fixed Consumption Billing may be offered to the customer at the sole
discretion of the Utilities, and such billing is subject to withdrawal
whereupon electric service may be discontinued by the Utilities upon
thirty days written notice to the.
8.5.4. Alteration of facilities or conditions, or addition of load by the customer
without prior approval of the Utilities shall constitute diversion of electric
energy.
8.5.5. The customer may discontinue electric service to a Fixed Consumption
Billing load by providing proper request of such discontinuance to the
Utilities.
8.6. Errors
The Utilities will exercise all reasonable means to assure accurate computation of all monthly
service billings. When errors do occur and are discovered,the error will be corrected for
future billings and the following policy guidelines will be used to make billing corrections:
a) If the error resulted in the customer being overcharged and overpaying for utility service,
the Utilities shall reimburse the customer for overpayments. The reimbursement will be
calculated based on the overcharges for which the Utilities had a record for a period not to
exceed six years immediately prior to the discovery of the error.
b) For customers who were undercharged and have underpaid for utility services due to
billing errors, the Utilities will not issue a bill for past undercharges. The provisions of
this policy apply to mechanical or data errors that result through no fault of the customer
and where, in the opinion of the Utilities, it is reasonable to assume that the customer is
unaware of the error. This does not apply to customers who have intentionally or
unintentionally bypassed any billing meter,provided any form of billing information
resulting in undercharges or have in any way attempted to receive utility service at less
than full price or failed to report unexplained bill reductions to the Utilities.
c) The Utilities shall not collect interest on undercharges and shall not pay interest on
overpayments.
8.7. Diversion of Electric Energy
8.7.1. If energy-consuming devices or equipment are connected ahead of the
meter, or if there has been any tampering with or connections to the
Utilities distribution facilities or service equipment or any tampering with
the Utilities' meter including breaking of meter seals which would make
possible or result in the consumption of electricity not registered on the
Utilities' meter or an inaccurate measurement of demand, the customer
shall be subject to immediate discontinuance of service without notice and
to prosecution under applicable laws.
8.7.2. The installation of a check meter by the Utilities and registration on this
meter at a greater rate than on the regular meter, after both meters have
been tested and found accurate, shall establish a rebuttable presumption of
such diversion of electricity.
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8.7.3. In the event of such diversion of electricity, the Utilities shall be entitled
to collect from the customer, at the appropriate rate, sufficient funds to
cover the cost of all additional power and energy estimated by the Utilities
which was not registered on the meter because of such diversion of
electricity, and also sufficient funds to cover all expenses incurred by the
Utilities on account of such unauthorized act or acts.
8.7.4. Service shall not be reconnected until the customer has installed such
entrance and service equipment as is necessary to prevent further
diversion of electricity. The may also be required to pay a service deposit.
Furthermore, the customer may be subject to all applicable criminal
penalties.
8.8. Lien on Property
8.8.1. The owner of every house, building, lot or premise shall be financially
responsible for all electric service delivered to such property, and the cost
of all unpaid bills for service shall constitute a perpetual lien upon the
property, which lien may be enforced by an assessment upon the property
so served, all as provided by the Code of the City.
8.8.2. Any information relating to the amounts due from the customer on
account of utility service provided by the Utilities shall be made available
upon request to the owner of the real property to which the service is
being provided or to his or her agent.
8.8.3. The property owner shall be responsible for notifying the Utilities'
Customer Service Office if notification is desired whenever there is a
delinquency for the electric service at his/her property. The property
owner will further notify the Utilities if he/she desires to become the
customer of record whenever a termination request for the service at
his/her property is received.
8.9. Gratuities
Inspectors, agents and employees of the Utilities or the City are forbidden from accepting
any personal compensation or gratuities from customers.
8.10. Miscellaneous Fees and Chat=
In the event a service is requested from the Utilities that is not oth rwise provided for
in The City Code or these Electric Service Rules and Regulations the party rea esting
that service shall nay the cost of that service based on the actual or estimated direct
cost of labor, eouipment and materials plus fifteen percent (l 5% fnr indirect costs
9. The Utilities' Facilities
9.1. Continuity of Service Not Guaranteed
TheUtilities shall use reasonable diligence at all times to provide continuous service at the
agreed nominal voltage, but shall not be liable to the customer for complete or partial failure
(including loss-of phase) or interruption of service, or for fluctuations in voltage,resulting
from causes beyond its control or through the ordinary negligence of its employees, servants
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or agents. The customer shall be responsible for taking whatever precautions the customer
deems appropriate to protect against interuptions of service or fluctuations of voltage.
9.2. Voltage Regulation
The Utilities shall be diligent in providing electric service with reasonable voltage variations.
The customer shall be responsible and liable for voltage or quality variations caused by the
customer's appliances and equipment, such as may be produced by starting motors, x-rays,
welders, pumps, etc.
9.3. Ownership of Transformers
9.3.1. Generally, the Utilities shall install, own and maintain all transformers
required to deliver service at the Utilities' standard secondary voltages.
9.3.2. Where secondary service is metered on the primary side of the Utilities'
distribution transformers, or if the customer owns the transformers and
substation converting to the secondary voltage, credits shall be applied as
provided in the applicable rate schedules.
9.3.3. When service is delivered at primary voltage, the customer shall generally
own, install and maintain all transformers. Under schedules of rates for
primary service and where secondary service is delivered or metered at
secondary voltage, correction factors shall be applied as provided under
applicable rates.
9.4. Overhead Service Loops
9.4.1. Consistent with current construction practices, service loops shall
generally be installed underground. Overhead service loops shall be
installed only at the Utilities' discretion.
9.4.2. Only one service loop shall be connected to a single premise or property,
except in unusual cases and as approved by the Utilities.
9.4.3. If more than one service loop is installed, it shall be connected to the same
general delivery point to facilitate disconnection of the property in the
event of fire or other emergency.
9.4.4. Where practicable, all service loops shall be installed from the Utilities'
secondary distribution at the lot line. If the property of the customer does
not abut on the right-of-way of the Utilities' distribution system, it shall
be the customer's responsibility to provide adequate easements or bring
wiring to a point designated by the Utilities.
25,_ Contractor Access to Enerei ed Tran former Compartments
9.5.1. The Utilit compartments
t the request of a licensed electrical contractor or electrician. No such
access will be allowed until thel tilitles an_d contractor/cIectriciar have
executed an agreement specifying the respgnsibili party.
9.5.2. The contractor/electrician mucLtake ever,r�sn_abl mom_ to ensure
that public health safety and welfare is protected while ac�c the
- — he
transformer hac been granted,
9.6. Attachment to Poles
10
9.6.1. Attachments to the Utilities' poles or lighting standards shall not be
permitted except upon specific written authority of the Utilities.
9.6.2. The attachment of radio or TV antennae or other objects is specifically
prohibited.
9.6.3. Attachment of communications circuits such as telephone, community
antennae systems or other communication media may be made,provided
that a joint use contract has been entered into between the Utilities and
those desiring to make such attachments. Said attachments shall conform
to the requirements of the latest edition of the National Electric Safety
Code and additional requirements, if any, by the Utilities.
9-7' LocatingTolley
9.7.1. TQ vent_ ice interruptions persona in' _ _ _s1 r ertdestruction
resulting from damage to underground facilities during excavation
Colorado state law regtfre n ' cation ofulifities at least business
days prior to any excavation _Notification will_be ma _t h th
- --
Utilities' notification aged
9.7.2. Upon receiving such notice the Utilities shall.a vi_e t_ _excav_ator 4£the
location and size of underground facilitie in the proposed ex-cavatliQD
are
9.7.3. Tom_ IJsilities will designate the]gcation_of lhe facilities wit a�rly
id n fiable markings within eighteen (18) inches 1at�ally,_fr�m he
exterior sides of the faci iti
9.7.4. The excavator will undertake the excavation wilhinays o receiving
the facility 1 cation (If the marking_ale no longer c rl vi._'_le within
that-30 days, another locate must be repues d 1 If an excavator disc v r
that_the Utilities has_incorrectly marked the aulion of theunderground
facilities.the_Utilities_Must be informed immedia an_gxcavation must
be stopped Utilities' personnel will repair any damage and curtest t�h
faulty markings.
9.7.5. The Utilities will be relieved of all responsibilit�ia ility-for the
amour cv of the locations if the excavator fails t_o_undertake excavation
within 30 days Within that 3 th Utilities will be further li v _
f all r=Qnsibility and liability £or the-aQcuracv of the_14cations if tie
markings are no longer clearly vicible
--
9.7.6. I 1 the cvent-of actual or potential damage to an underground ilit
facility, the excavator shall stop v Qn and immediatelnotifv the
Utilities of the location and extent of such damage The excavator wjll_be
resnQnsible for the cost of repairing facilities m,Juding
Utilities crews damaged under any of the following conditps.
a e tl sated underground f it tt_ies,
b) Damage to facilities in areas where locationsv ere not rg ie�el
c) Dam e to facilitie�t at w _1 to excess of 3Q days prior tS
excavation - — - -
d) Damage._to,facilities Xyhere the 1Qcation markings were.no longer-yisiLe,
9.7.7. TTbc excavator shall be liable for any addiLiD_nz"igcnt1nuwg,_dan_mge to
She Utilities' system resulting afteL firposure_of,incy
LQcated facilities.
9.8. Excavaton. All excavation shall be in conformance wit anolicable local__statn f�deTa]
I nd as described above
11
I
9.9. Tree Trimming
9.9.1. The customer shall permit the Utilities to trim the limbs and branches of
trees, bushes and shrubs to the extent that such trimming shall be
reasonably necessary to avoid interference with Utilities' lines or to allow
access to the Utilities' meter or other equipment on the customer's
property.
9.9.2. The customer shall be responsible for such trimming of trees as may be
necessary to avoid interference with the Utilities' meter and service wires
running from the Utilities' distribution poles to the point of delivery on
the customer's premises.
9.10. Shortage of Electricity
9.10.1. The Utilities will make reasonable efforts to furnish a continuous supply
of electricity to meet demands. However, should shortages occur by
reason of acts of God or causes beyond the immediate control of the
Utilities, the Utilities will have the right to grant preference to those
present and future services that in its opinion are the most essential to the
public welfare, based on information then available to the Utilities.
9.10.2. The Utilities shall not be held liable for damages, including monetary loss
or loss of business from shortages in supply of electric energy.
9.10.3. The customer shall be responsible for taking whatever precautions the
customer shall deem appropriate to protect against shortages in the supply
of electricity.
9.11. Liability
9.11.1. All installations of wire, meters, transformers or other materials or
equipment made by the Utilities shall remain the property of the Utilities
and shall not be tampered or interfered with directly or indirectly by the
customer or any other unauthorized persons.
9.11.2. The customer shall be liable for any damage or loss to the property of the
Utilities or other persons and injury to the Utilities employees or other
persons through such unauthorized tampering or interference.
9.12. Underground Services from Overhead Distribution
9.12.1. Upon the request of the customer, the Utilities shall install or cause to be
installed an underground service from an existing overhead distribution
system,provided that the customer pays to the Utilities an amount equal
to the estimated cost of the underground service. Such payment shall not
be subject to refund and shall not be applied to payment of bills for
electric service.
9.12.2. Such underground services shall remain the property of the Utilities and
shall be operated and maintained by the Utilities, provided, however, that
if damages to such services are caused by the customer,the customer shall
pay the full cost of restoring the service to its original condition.
9.12.3. If an existing underground service previously installed as provided above
requires relocation or replacement because of new construction or changes
12
on the customer's premises or because of increased loads, the cost of such
modification shall be borne by the customer.
9.13. Line Extension Policy
9.13.1. Where the Utilities is requested to extend, augment or alter its facilities,
or if the Utilities is requested to provide new or additional capacity that
may be needed, the Utilities shall provide such extension, augmentation or
alteration in accordance with the requirements of these rules and
regulations and"The Elee...e Ce sindetien Palieies, Pfaetiees w d
P=reeedtifesflec ric Service Standar
9.13.2. All existing overhead electric utility facilities on or adjacent to the
affected service location shall be converted to underground facilities in
conjunction with the augmentation, extension or alteration of any part of
such utility service facilities, except where the Utilities determines that
underground construction is not practical or feasible.
9.13.3. Utility line extensions shall be installed underground in accordance with
these rules and regulations, "The Eleeirie^.._.i_.e fien n,.heie T
and Rreeederespect[i� ervi - i dar ,"and the requirements of the
Code of the City.
9.13.4. The customer, owner or developer shall pay the full estimated cost of such
conversion, extension, alteration or augmentation of facilities and a
proportionate share of the cost of associated underground distribution
system facilities necessary to provide the additional service capacity, all
as determined by the Utilities. In addition, capacity costs attributed to the
customer shall be paid by the customer. Such payment shall be made as a
non-refundable contribution in aid to construction.
9.14. Line Extension Policy-Street Lighting Service
9.14.1. Extension of the street light system of the City shall be made in
accordance with the Code of the City.
9.14.2. The full estimated cost of street lighting service shall be paid for by the
customer, owner or developer.
10. Customers Use and Facilities
10.1. Customer's Installation
10.1.1. Before acquiring motors or other electric energy-consuming devices or
providing for the installation and electric wiring for same, the user or
prospective user of electric service shall notify the Utilities in ample time
of its intent to determine if such motors or devices may be connected to
the Utilities' system under the Utilities' rules and regulations governing
electrical installations. The Utilities shall then determine if it has
electrical service of the desired phase and voltage available therefor or
whether extensions and improvements of the Utilities' system shall be
required. The Utilities shall also establish points of delivery for service
and meter locations.
10.1.2. Electric service shall be delivered to the customer at one point of delivery
for each premise, such point of delivery to be designated by the Utilities
as defined by
13
Pxa edar€sEIectnc _ ervice taudards Only authorized employees of the
Utilities shall be permitted to make and energize the connection between
the Utilities' service wire and the customer's service entrance conductors.
10.1.3. The costs incurred by the Utilities through any changes in point of
delivery and/or in the location of the Utilities' meters necessitated by
changes on the customer's premises shall be subject to reimbursement to
the Utilities by the customer.
10.1.4. All energy-consuming equipment of the user and all wiring therefore on
the user's side of the point of delivery shall be famished, installed, owned
and maintained at all times by the user in conformity with applicable
electric codes and in conformity with the City's rules and regulations
pertaining to electrical installations, and the rules and regulations of the
building official.
10.1.5. Where service is supplied at primary voltages, the customer shall provide,
own, operate and maintain all facilities beyond the point of delivery at the
end of the primary service unless specific arrangements are made to the
contrary.
10.1.6. If the customer desires electric service at voltages, either primary or
secondary, other than those available from the Utilities' distribution
system, the customer shall furnish, own and maintain all special
transformers and special control equipment necessary to supply such
voltage or service. If special metering shall be required in such cases, the
costs thereof shall be paid by the customer. Such metering equipment,
however, shall be and remain the property of the Utilities and shall be
tested and maintained by the Utilities.
10.1.7. If the customer has connected equipment, the operation of which is
detrimental to service to other utility users (i.e. causes excessive voltage
drop, flickering lights, excessive harmonics, etc.), and if the customer
desires to continue the operation of such equipment,the Utilities may
require the customer to install motor generators, line filters, reactors,
isolation transformers, or transformer and/or line capacity beyond that
normally required, in order to eliminate the detrimental effect upon other
customers.
10.1.8. If such remedial measures involve expense on the part of the Utilities, all
such costs shall be reimbursed by the user. If the customer's demands are
measured in such cases, the Utilities may determine the billing demands
on shorter intervals than fifteen minutes regardless of regular provisions
in individual rates pertaining to the determination of billing demands.
10.1.9. The customer shall furnish and maintain required indoor, outdoor or
underground space and facilities for the installation of the Utilities'
transformers and other equipment necessary to properly render electric
service to the customer.
10.1.1 O.The customer shall be responsible for providing protection to 3-phase
motors against damage from over voltage,undervoltage, single and
reversed phasing conditions.
10.2. Bypass of the Utilities' Distribution System -- Investment Recovery for Stranded Facilities
The owner of any real property within the City's jurisdictional limits who desires to utilize
delivery facilities that strand existing or future Utilities' facilities to the detriment of other
rate payers, may do so only upon receipt of written permission from the General Manager and
14
will be required to pay an investment recovery fee. The investment recovery fee is based
upon Utilities' development charges and the Utilities pro-forma estimate of lost distribution
service revenue (including future energy growth and in-lieu of tax payment)multiplied by
10.38 (present worth (&, 5%, 15 years). The fee may include a monthly charge for
distribution facilities and system availability costs.
10.3. Easements
10.3.1. By making application for electric service,the customer agrees to grant or
arrange for an easement on the customer's property for the installation,
operation and maintenance of electric lines, wires and other equipment of
the Utilities necessary to render service to the customer.
10.3.2. When requested by the Utilities, the customer shall without expense to the
Utilities make or procure a conveyance to the Utilities of satisfactory
easements across the property owned or controlled by the customer for the
Utilities' lines or extensions thereof necessary or incidental to the
furnishing of service to the customer.
10.3.3. If such installation must be made on or over the property of a third party,
it shall be the responsibility of the customer to obtain an easement for the
Utilities from the third party before the installation can be made and
service rendered.
10.3.4. If, after service is originally rendered,the customer's property is divided
in such a manner that part of the property no longer has access to the
right-of-way of the Utilities' distribution system, the customer shall
reserve an easement for the benefit of the Utilities so that the Utilities may
render electric service to such isolated parcel.
10.3.5. In the e where an easement has been granted and e_IectriE_ i tri- .Qtp
facthttes have been_in—alled the parties seek n _to hav-e Itch easement
coed shall nay the Utilities the actual cost for tton o,relQcaf the electric
distribution facilities and shall provide the neccssary
_ _ _emative
ts-of-way,
10.4. Access
10.4.1. Authorized employees of the Utilities shall have the right of safe access to
the customer's premises at all reasonable times for any purpose incidental
to the supplying of electric service or to otherwise carry out actions
pursuant to these regulations or other applicable requirements or law.
10.4.2. Access to the electrical meters and utility service equipment located on
the customer's premises must be provided for proper billing. This includes
non-intrusive, automatic drop out access to the customer's telephone
service for remote meter reading of meters by the Utilities when such
service is available. If any meter cannot be read or access to utility
service equipment is not provided for three consecutive months, the
customer shall be notified by first-class mail that this condition must be
corrected or the Utilities shall discontinue service until access to such
equipment by the Utilities' personnel is accomplished.
10.5. Public Rights of Way
15
The Utilities has the right to install and maintain wires and facilities in, on, under or over
any street, alley, sidewalk or other public place.
10.6. Foreign Power
10.6.1. Unless specific arrangements are made as provided under the Parallel
Generation section of these rules and regulations, the customer shall make
exclusive use of electric energy provided by the Utilities and no other
source of electric energy shall be utilized within the jurisdictional limit of
the City of Fort Collins.
10.6.2. This provision does not preclude the use of emergency generating systems
owned by the customer,provided that switching arrangements are
installed to prevent the possibility of the emergency generator and the
Utilities' service being connected to the load simultaneously. The manner
of connection of any emergency generating system must be approved by
the Utilities prior to use.
10.6.3. This provision does not preclude on-site generation if it is not in any way
connected to the Utilities' distribution system.
10.7. Resale of Electricity
10.7.1. Electric service shall be furnished for the sole use of the customer at the
premises designated in the service application and contract, and the
customer shall not directly or indirectly sell or otherwise dispose of such
service to any other person or persons, provided, however, that electrical
service may be provided to a tenant by the owner as part of a lease-rental
agreement.
10.7.2. The Utilities reserves the right to refuse to furnish electric service to any
customer where such service is to be resold to others.
10.7.3. In the event that such resale comes to the attention of the Utilities, the
Utilities shall have the right, without prior notice, to either discontinue
service to the customer or to furnish service directly to the subconsumer.
10.8. Load Balance
Where secondary electric service is used, the customer's equipment shall be connected to
balance the customer's electric loads as follows:
10.8.1. With single-phase 3-wire, the current carried by the neutral shall be not
more than 15%of the current in either of the other wires.
10.8.2. With three-phase systems, the customer's load in any phase shall be not
greater than 15%more than the load in either of the other two phases.
10.9. Power Factor
10.9.1. The customer shall at all times maintain a power factor as near unity as
practicable and never lower than 90%lagging.
10.9.2. Luminous electric discharge tubes or other loads having inherent low
power factor shall at all times be provided by the customer with effective
power factor correction equipment such that the power factor resultant
from such energy use shall not be less than 90%.
16
t t t nn wt _ sueh
r'
rat..,.,J.ediale for fegulatieftseeif e t eaehrate 1
0
10.9.3. Where such power jaewLcurrection e pment is_used the , tom r hall
Pro v e a rg�lar [el ized and rated disc nrtccti�nt�_�
equipments neede to, i:qy nt excess volt Age variations on tl
Util es�systern and t4_provide safe lsolatiort of correcStgn equipment as
re uiq red for Utahhes mScnan-ce operati�Sec—th—e-appjicabler t
sche u e for r lations-specific to each rate clams.
10.10. Demand -Motor Limits
10.10.1. Single-Phase Motors
Single-phase motors operated at 120 volts shall be limited to less than 1
horsepower(hp) in size. Single-phase motors 1 hp or greater shall be operated at
240 volts and shall have a maximum locked rotor current limit of 75 amps. The
Utilities' approval must be obtained prior to installing any single-phase motor
with locked rotor current in excess of this limit. The following information shall
be provided to the Utilities when seeking approval:
• Horsepower rating
• Nameplate full-load amps
• Nameplate locked rotor amps
• Frequency of starts per time unit
• NEMA code letter
• Nameplate voltage
(Cautionary Note: Central air conditioning units rated 2.5 tons cooling capacity
or greater typically have compressor motor locked rotor currents in excess of the
75-amp limit. Please consult the Utilities prior to installation for approval of units
that exceed this limit.)
10.1 0.2.Three-Phase Motors
Three-phase motors up to 200 horsepower may be supplied under applicable rate
schedules,provided that such motors have been manufactured in accordance with
National Electrical Manufacturers Association (NEMA) standards, and further
provided that suitable protection equipment and devices have been installed.
Under some conditions, Utilities may require the installation of reduced voltage
or other types of starting equipment. Such equipment may be required where, in
the opinion of the Utilities,the starting frequency adversely affects service being
rendered to other customers. Consult theUtilities prior to acquiring motors.
10.11. Intermittent Loads and Stand-By Service
I0.11.LSubject to the approval of the Utilities, use of x-ray machines,
induction-type welders or equipment with similar operating characteristics
shall be permitted under applicable rate schedules on secondary service,
provided that adequate transformer and distribution capacity is available,
10.11.2.An incremental demand charge may be added if the customer's load is of
an intermittent or fluctuating character or reflects frequent starting with
high current inrush, or if standby service is provided for any reason. In
these cases, the Utilities may consider the billing demand as the maximum
amount of power used at any time, may add to the measured demand of
17
the steady load up to 50%of the maximum fluctuating load, or may add to
the measured demand an incremental demand charge determined from
either the nameplate data of the equipment or by the kVa of extra
transformer capacity necessary to serve such loads.
10.11.3.The customer also may be required to pay a one-time charge equal to the
investment in special facilities necessary to serve such fluctuating load or
to provide such standby service.Previous demand charge payments may
not be applied as payment toward such investment.
10.11.4.Standby service may be utilized for back-up power, supplementary power
or maintenance power to Qualifying Facilities operated in parallel with
the Utilities as provided herein.
10.12. Indemnity to City and the Utilities
10.12.13he City or the Utilities shall not be held responsible for any injury to
persons or damage to property occasioned or caused by the acts,
omissions or negligence of the customer or of any of the customer's
agents, employees or licensees in installing,maintaining, operating or
using any of the consumer's lines, wire, equipment,machinery or
apparatus, and for injury and damage caused by defects in the same.
10.12.2.The consumer shall hold the City and the Utilities harmless and indemnify
it against any and all claims and liability for injury to persons or damage
to property when such injury or damage results from or is occasioned by
the facilities located on the customer's side of the point of delivery unless
caused by the gross negligence or wrongful acts of the City's and the
Utilities' agents or employees.
10.12.3.The consumer shall pay all costs that may be incurred by the City in
enforcing this indemnity.
10.13. Working Adjacent to or in the Vicinity of Overhead Electric Lines
10.13.1.Any person, customer, business or other party working within ten feet of
overhead power lines energized at more than 600 volts shall provide
seventy-two hours notice to the Utilities of such work.
10.13.23he Utilities shall coordinate the efforts to cover or in some manner to
make such lines safe for the work or activity. The customer,person,
business or party shall pay all costs associated with making such lines
safe.
10.13.3.Failure to notify the Utilities seventy-two hours in advance of any activity
within ten feet of overhead lines shall relieve the Utilities of all
responsibility or liability for accidents, injuries or damages arising
through or from such activities.
10.14. Locate Policy
10.14.1.To prevent service interruption, personal injury or property destruction
resulting from damage to underground facilities during excavation, state
law requires the notification of utilities at least two business days prior to
any excavation. Notification is to be made through the Utilities
notification service.
18
10.14.2.Upon receiving such notice, the Utilities shall advise the excavator of the
approximate location and size of the underground facilities in the
proposed excavation area. (See "L1.,etrie C.,..stna,tion Pelieies, Praetiees
and=,d yes sSection.9 of these_Elec1ric Service Rules and
Relations.--')
11. Parallel Generation, Interconnection and Transmission
11.1. Application
Any Qualifying Facility s e fi ' may interconnect with, operate in parallel with, or
transmit over the Utilities' facilities as provided herein.
111.1.1 Each Qualifying Facility shall make application to the Utilities and obtain
written approval of entrance location, number of phases,voltage number
and types of meters, and underground or overhead connection before
making commitments to equipment purchases and before the start of
construction.
of a Federal bl Regulatory
Ger&-Assien qualifying eei4ifieate for!he
proposed =r�ed r,.:1:..
11.1.2. �r annlications for other than routine parallel systems and connections. a
service charge shall apply to offset the cost of processing an
annlication/re�u_eu_st� r parallel operation. including but n41 limited t_o the
cost of engineering and technical review and unnort
11�T2t Operator o each Qualifying Facility shall obtain-ape erale
from Utilities prior to final parallel connection and operation with the
Utilities' elcctric distrib lion system,
11.2. Parallel Generation for Customer's Use
11.2.1. A customer receiving electric service from the Utilities may generate all
or part of such customer's instantaneous energy or capacity needs by
operation of a Qualifying Facility in parallel with the Utilities' system,
provided that electric service is being rendered under the standby
provisions of a demand-metered rate schedule Qlher applicable rate or
alic ate agreement as negotiated between the Operator and Utilities All
such facilities shall be constructed operated and maintained in accordance_
with these rules and regulations.
ia maintained tee and i aeeefdaneewith these I a
11.2.2. Under the above described conditions, net excess generation-above-the
energy or eapaeity in exeess of customer's instantaneous needs shall
not be purchased by the Utilities and shall not be generated or transmitted
into the Utilities' system through the customer's electric service
connection with the Utilities,unless delivefy to a purehasifig utility has
,,...,tea.
11.2.3. If the Operator requires interruptible or tandbv ervi a rom the
Utilities_t e Onerat� hall enter into a separate electric vice contrt
arrangement with the Utilities and or PRPA if applicable in accor�ancc
With the Utilities electric service s h d 1 c If the Operator rest es
19
interruptible or standby service and the Operator intends to sell tea
Purchasing utilitv_S er h e n _in erconpection betw�cp the load
served by the Utilities and the Operator's facil_ityhgyond the tilities'
point of deliver
11.3. Delivery to a Purchasing Utility
11.3.1. The Operator may designate a purchasing thirdjxad_futility to which net
excess generation(NEGI e neFgy an his to be delivered;,sSuch
delivery to-mav be made to any interconnected utility with which the
Operator has appropriate transmission or sale/purchase agreements in
accordance with the provisions of these rules and regulations. In such
event, the Utilities may assess wheeling charges for use of the distributiQn
system as welj as_charges for losses and other costs incurred as a result of
such delivery.
11.3.2. The Utilities may require a special contract with the Operator and other
interested parties to such delivery.
11.3.3. Satisfactory evidence of a sale/purchase agreement and all necessary
interconnection and transmission agreements with interested parties must
be presented to the Utilities at least thirty days before generation of
energy and capacity for such sale is commenced.
11.3.4. Per supply contract requirements with PRPA Tthe Utilities shall-d_Q_not
purchase energy or capacity from any source other than Platie Rive
i
powereythat it requifes
uys
my exceptions are those systems-of ttch a small_ize that theme
deemed de minimis by PRPA and systems that are a nressly annr ve n_
authorized by PRPA For de minimis u-i s the Utilities may nurc]tase
NEG at the avoided cost of Purchased power while still recovering
infrastructure and operational co Is.
11.3.5. For units too large to be considered.de minimus,_PRPA ins to
shall
dir urchase or credit the-IItilities for-any e'e
eapaeityNTEG offered to the Utilities from a Qualifying Facility in
accordance with the provisions of its tariffs.
11.3.6. Under no circumstances will the UtiliGes or PRPA purchase re
NEG from a Qualified Facility without a_valid Lnterconnection Agreement
between all parties Obtaining electric serv_ice_tttide_r_aM iI es adopte
parallel generation schedule shall qualify as an interconnection
Agreement
11.3.7. If the Facility's NEG is for sale to a nurchasine utility_the-Aerator shall
deliver the NEG at the Utilities ggint of delivery or as oerwise
designated by the i]tilities,
11.4. Initial Start-Up
20
11.4.1. Each Qualifying Facility shall notify the Utilities of the initial energizing
and start-up test of the Qualifying Facility's generating equipment. The
Utilities shall have the right to be present at such test.
11.4.2. Notice of such initial energizing and start-up test shall be given by the
Qualifying Facility to the Utilities at a reasonable time prior to such event.
11.4.3. No Qualifying Facility shall operate in parallel with the Utilities' system
until all safety -relays, controls and other devices, as required by
the Utilities, have been installed and all safety standards and testing
requirements have been met Upon satisfactory imnection f
interconnection facilities final written annroval_to onerale-shailbe
Priivided-bythe Utilitie�in the_form of a Permit-to-OneraLe,
11.5. Facility Design and Construction
11.5.1. The Operator shall design, construct, install, own, operate and maintain
the Facility and all equipment needed to generate and deliver energy and
capacity except for any special facilities constructed, installed and
maintained by the Utilities.
11.5.2. The Operator shall truct install own and maintain intcrconne'Qn
facilities and system pro es to
provide for system canacity, safety and nneratinn
11.5.3. The Facility shall meet all requirements of applicable codes and all
standards of prudent electrical practice and the requirements of the
Utilities. Such requirements may include locks, seals, breakers,protective
relaying, automatic synchrometers and disconnecting devices.
11.5.4. The Qualifying Facility operator shall submit all of the Facility's
specifications to the Utilities for review and approval prior to connecting
the Facility to the Utilities system. The Utilities' review of the Operator's
specifications shall not be construed as confirming nor endorsing the
design, or as any warranty of safety, durability or reliability of the
Facility.
11.5.5. The Operator agrees that,upon demand of the Utilities,the Operator shall
change its Facility to comply with changing requirements of the Utilities'
system.
11.5.6. In addition to any other applicable fees or charges in the ey i i
necessary for the Utilities to ' stall special facili ies or to�jrtfprce its
system for purposes of receiving the Operator's energy or canacity. the
Operator shall pay to the Utilities the estimated cost of ch-special
i
facilities as anon-refundablccontribution-in-aid-of constructip�r to
the start of construction
11.6. Ma! rin
The Operator shall eanstfuet, insiall, ewn and maintain intereenneetion feeilities and system preteeti en
f6eilities as required for the Utilities to provide fer system eapaeity, sa&!Y and operatiefl:
M the event it is neeessafy fer the Utilities to install speeial f6eilities ef to reinfefee its system f9r ptifpeses
eonstnielien.
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11.6.1. If satisfactory metering is not otherwise provided, the Utilities may install
and maintain meters at a mutually agreed upon location to measure the
integrated demand and kilowatt-hours.
11.6.2. If the Operator sells to a purchasing utility, such metering shall be
approved by the Utilities and P:&4e44vefPRPA, and shall record and
indicate the integrated demand u -determined by Utilities or ago
minute pefied-and shall measure kilowatt-hours.
11.6.3. Meters for measure of reactive volt-ampere hours may be required by the
Utilities if deemed appropriate.
11.6.4. All meter equipment, installation, ownership and administration costs
thereof shall be borne by Operator, including costs incurred by the
Utilities for inspecting and testing such equipment.
11.6.5. All_i I I in 2 meters used to deterprine the_bi lin ---_sales to a __rchmm
utility.shall be sealed. Seals shall only be- ken _Utilities personnel
for the purposes of meter testing. inspectipadiustmen or other_
- —
maintenance
11.6.6. The, ties shall_aUlte Operato 's expense_ imnort an_lest all meter
upon their installation and thereafter as determine ne _sat� jt l i
11.6.7. If�eu ked to do so by the Operator or the nurchas utiIj Utilities
shall inspect or test a meter more freQuentlythanshe standard Utilifics
practice,but the experdsc_ ffssu�ig8pection or to t shall borne by the
--
11.6.8. All billineters shall be,in-st l��dn gRerated in,a-ccordance with h
- -
teams and conditions of PRPA.und the rchaine utility
11.7. Facility Operation and Maintenance
11.7.1. The Operator shall operate and maintain its Facility according to prudent
electrical practices and shall generate or otherwise supply such reactive
power necessary to maintain a 95%power factor to maintain voltage
levels and reactive support to the system.
11.7.2. If the Operator is unable or unwilling to provide such reactive power, the
Utilities may do so at the Operator's expense or may disconnect the
Facility without notice.
11.7.3. Facility operation shall be such that its electrical operation parameters are
within the Utilities' system operating parameters at the point of Facility
interconnection with the Utilities.
11.8. Discontinuity of Deliveries
The Utilities shall not be obligated to accept, and the Utilities may require the Operator to
curtail, interrupt or reduce, deliveries of Nyenefgy and eapaeii),-under any of the following
circumstances:
a) in order to construct, install, maintain, repair,replace, remove, investigate or inspect any
of the Utilities' equipment or any part of the Utilities' system;
b) if the Utilities determines that curtailment, interruption or reduction is necessary because
of emergencies, forced outages, operating conditions on its system or adverse affects upon
electric service to other customers of the Utilities;
c) as required by prudent electrical practices;
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d) expiration or termination of the sale/purchase agreement between the Operator and the
purchasing utility or upon suspension of purchases by the purchasing utility for any
reason;
e) a uira .temrina[ion_gf the Interconnection A rQ eement_between the_Q e�ratQr_apdAhe
Utilitieor
f) as otherwise provided in these rules and regulations and any special contract provisions.
11.9. Changes In Facility or Capacity Rating
11.9.1. The Operator shall advise the Utilities and PIaRe44ve-PRI A of any
proposed changes in its Facility or its capacity rating prior to making such
changes.
11.9.2. Such changes shall be made in accordance with the ri C e nd_these
rules and regulations as if the changes were a new Facility.
11.Inv,.:«. Of Del:..ef
if the L' ilietierg-ys for sale to a rehasing utility,the Operator
_hall deliver
the eitiefg),and eapiteity at the setiree side of!he eleetrie billing fneter or the satifee side of the
the Utilities.
�s
All billing fneters Used to detafmine the billing of sales to a purehasing utility shall be sealed, and!he seals
shall be braken only tipan eeeasions wl-en the.metefq nfe,tA be ifispeeted, tested of aEljusied.
The Utilities shall, at th 0.
inspee! and test all metef:s upen their installation and there
if fequested to de so by the Opefatof of the purehasing utility, the Utilities shall inspeo ef test a ffietef
but the expense of sueb inspeetion or iest shall
home by the!1«efat..« �
wi.�-�Cvpernipr,
All billing fneters shall be installed and operated in iteeerdanee with the tef:ms and eendiiiens of Platte
River and the purehasing titility.
44-.Q-11.10 Billing
11.10.1.Where the Operator has made arrangements to sell NEasel�.ls plat o
Ito a purchasing utility, the billing meters shall be read
by both the Utilities and n�m eFFP_RPA.
11.10.2.Interested parties may be present or otherwise receive meter reading
information in accordance with agreements between the parties and Platte
RtverPR AA.
41-4-11.11 __Payment
Payment for-Net Excess Generation fNEGI fc;eiiergyeity-sold to a
purchasing utility shall be made by the purchasing utility in accordance with the
terms and conditions of the sale/purchase agreement between the parties.
11.114.9e::ccGharges
There shall be a sen,iee eharge for the proeessing of a request fiqr pamllel operation.
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generated in exeess E)f the aperaief's an site usage (the afflount that flows thfaugh the Ufilities' distfibutie
system) shall be subjeet te wheeling eharges fer ese ef the distributien system as deteFfflined by Utilities.
11.12 Easement Acquisition
4 ,ro.
By making application to interconnect with the Utilities, the Operator agrees to grant to the
Utilities all necessary rights-of-way and easements to install, operate, maintain, replace and
remove the Utilities' metering and other special facilities, and agrees to execute such other
grants, deeds or documents as the Utilities may require to enable it to record such
rights-of-way and easements.
If any part of the Utilities' facilities are to be installed on property owned by a party other than
the Operator, the Operator shall, without cost to the Utilities,procure from the owners thereof
all necessary permanent rights-of-way and easements for the construction, operation,
maintenance and replacement of the Utilities' facilities upon such property in a form
satisfactory to the Utilities.
�1113. Indemnity
11.13.LThe Operator shall indemnify the Utilities, its officers, agents and
employees against all loss, damage, expense and liability to third persons
for injury to or death of persons or damage to property, proximately
caused by the Operator's construction, ownership, operation or
maintenance of, or by failure of any of the Operator's works or facilities
used in connection with applicable contracts and these rules and
regulations.
11.13.2.The Operator shall pay all costs that may be incurred by the Utilities in
enforcing this indemnity.
11.13.3.The Utilities may require proof of the Operator's ability to provide
adequate indemnity protection, as determined by the Utilities, at any time.
Failure to provide proof of such indemnity shall be cause for
discontinuance of service or interconnection.
I-1--1g-1114. Liability
11.14.1.Nothing herein shall be construed to create any duty to, any standard of
care with reference to, or any liability to any person not a party to
arrangements and contracts pursuant to these rules and regulations.
11.14.2.The Utilities shall not be liable for damages caused to the facilities of the
Operator by reason of the operation, faulty operation or non-operation of
the Utilities' facilities.
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4449-11 19 Rules and Regulations
The Operator must comply with all provisions of these rules and regulations and references
thereto deemed applicable by the Utilities. Reference to the "customer" or "user" shall be
interpreted as being interchangeable with "Qualifying Facility" and "Operator."
14-20,11.1 6. Definitions
For the purposes of this Section 11. Parallel Generation, Interconnection and Transmission,
the following terms shall have the meaning indicated:
Back-Up Power-Electric energy or capacity supplied under the standby service provision of
the applicable rate schedule by the Utilities to replace energy ordinarily generated by a
Facility's own generation equipment during an unscheduled outage of the Facility.
Capacity Rating--The generator nameplate rating of the Qualifying Facility's equipment
diminished by any anticipated losses between such equipment and the delivery point.
City- City of Fort Collins, Colorado, a municipal corporation.
Cogeneration -Facilities which simultaneously produce two forms of useful energy, such as
power and steam, through the sequential use of energy. Such facilities must be owned by a
party not primarily engaged in the generation or sale of electric energy.
Distributed Generation -A small-scale now eneration technology that=yWcs electric
pw�r 7Ca site clo-sec to custome[s than central station generation_The term is commonly used
to in ale non_-utility sources of dectricity, s in facilities for self-veneration
Facility-The generator and associated equipment owned by a party other than the Utilities,
used to generate or deliver electric power.
Interconnection Facilities -All facilities required to be installed solely to interconnect and
deliver power from the Operator's generation to Utilities' system, including but not limited to
connection, transformation, switching, indicating meters, safety equipment and system
protection facilities.
uerconnection Agreement—an agreement beween the Operator of a Qualifying Facility and
the i_tv that docume is th-_ eoific details and Pricing for any Nct Excess-Generatio_n
transactions.
Intermittent Loads -An electrical demand of an intermittent or fluctuating character or
which reflects frequent starting with highcurrent in-rush.
Interruptible -Power made available under agreements which permit curtailment or cessation
of delivery of electricity by the Utilities.
Maintenance Power-Electric energy or capacity supplied by the Utilities during scheduled
outages of the Qualifying Facility.
Net Excess Generation (N ) delivery of electrical r"rm a cuslomcr facility to the
electric systm=at anypoint in time.
Operator-One responsible for the construction, operation and maintenance of a Qualifying
Facility.
Parallel Generation -The operation of Qualifying Facilities when interconnected with the
Utilities system in accordance with the provisions of these rules and regulations.
Permit-to-Operate(PTO)- a non-twusferable certifi ate issued by the iJtility annrovin
gaTallel operation of a Qualified Fac' ' The PTO a a only to the generation source for
which it is issu�d shall be voided in thegvnon-maintenance relatod _ ations
to intercorttte tc ion_nrotective devices or ank other-changes that otherwise_ mnromise She
rp otection_ss m i Dlace at the fim ri i u_
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Prudent Electrical Practices -Those ra p cotes, methods and equipment, as changed from
time to time, that are commonly used in prudent electrical engineering and operations to
operate electric equipment 'lawfully and with safety, dependability, efficiency and economy.
Purchasing Utility-Any utility other than Fort Collins Utilities which purchases energy or
capacity from a Qualifying Facility.
Qualifying Facility -A cogeneration or small power production facility which meets the
technical ceau�n[s_of Fort Collins_U ilities I_nterconne�lion Standards Fsr Genc�ng
FacWtie,K_and has-been issueda`permit-[,-pnerate"by the i jt
coffitime
Small Power Production -Facilities which derive more than 75%of total energy input from
biomass, waste or renewable resources, including wind, solar and water, to produce electric
power. Such facilities must be of less than 80 megawatts capacity and must be owned by a
party not primarily engaged in the generation or sale of electric energy.
Special Facilities -Interconnection facilities furnished by the Utilities at the Operator's
request or because such facilities are necessary additions and/or reinforcements to the
Utilities's system for the purpose of receiving, metering or transmitting energy or capacity
from a Qualifying Facility.
Supplementary Power-Electric energy or capacity, supplied by the Utilities,regularly used
by a Qualifying Facility in addition to that which the Facility generates itself.
System Protection Facilities -The equipment required to protect: (1) Utilities' system and
its customers from faults occurring at the Facility; and(2)the Facility from faults occurring
on the Utilities' system or on the systems of others to which it is directly or indirectly
connected.
26