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The following TERMS AND CONDITIONS and any changes authorized
by the Board of Trustees or law will apply to the sale of
electric service under the established rate or rates authorized
by the Board of Trustees and currently applicable at time
of sale.
1. GENERAL
1.1 Electric service will be supplied in accordance with the
Articles of Incorporation, Code of Regulations and these Terms
and Conditions and any changes required by the Board of Trustees
or law, and such applicable rate or rates as may from time
to time be authorized by the Board of Trustees. However, in
the case of a Customer whose service requirements are of
unusual size or characteristics, additional or special rate
and contract arrangements may be required.
1.2 These Terms and Conditions shall be considered a part
of all of the Company rate schedules, except where specifically
changed by written agreement by the Company.
1.3 In case of conflict between any provision of a rate schedule
and the Terms and Conditions, the provisions of the rate schedule
shall apply.
1.4 The failure of the Company to insist upon strict performance
of any of the provisions in the Terms and Conditions, or to
exercise any of the rights or remedies provided in the Terms
and Conditions, or any delay in the exercise of any of the
rights or remedies, shall not release the Customer from any
responsibilities or obligations imposed by Law or by the Terms
and Conditions, and shall not be deemed a waiver of any right
of the Company to insist upon strict performance of the Terms
and Conditions.
2. ESTABLISHMENT OF SERVICE
2.1 Application for Service - Customer requesting electric
service may be required to appear at Company's place of business
to produce proof of identity and sign Company's membership
application for service and/or a contract before service
is supplied by Company.
2.1.1 In the absence of a signed application or contract for
service the supplying of electric service by the Company and
acceptance thereof by Customer shall be deemed to constitute
a service agreement by and between the Company and Customer
for delivery, acceptance of and payment for service, subject
to Company's applicable rates and rules and regulations.
2.1.2 Where service is requested by two or more individuals,
Company shall have the right to collect for all service and
supply of electric power furnished to either or both of the
applicants for such service or supply of electric power.
2.2 Service Establishment Charge - Customer will be required
to an after-hours charge of $100/hour including travel and preparation time should Customer request service be established
during a period other than regular working
hours.
2.3 Service Re-establishment Charge - A service re-establishment
charge of $25 for residential and nonresidential electric
service will be assessed each time Company is required to
reconnect or re-establish electric service to Customer’s
delivery point Billing for the service re-establishment charge
may be rendered as a part of the Customer’s first monthly
bill.
2.3.1. Customer will be required to pay the above appropriate
service re-establishment charge and an after-hours charge
of $100 should Customer request service be established during
a period other than regular working hours.
2.4 Grounds For Refusal Of Service - Company may refuse to
establish or reestablish service if any of the following conditions
exist:
2.4.1 Applicant has an outstanding amount due with the Company
and is unwilling to make payment or enter into a payment agreement
or provide sufficient assurance that the amount due will be
paid.
2.4.2 A condition exists which in Company's judgment is unsafe
or hazardous.
2.4.3 Applicant has failed to make the security deposit requirements
set forth by Company as specified under 2.6
2.4.4 Applicant is known to be in violation of Company's rate
schedule.
2.4.5 Applicant fails to furnish to Company funds, service
entrance equipment, and/or right-of-way required to serve
Applicant and which have been specified as a condition for
providing service.
2.4.6 Applicant falsifies his or her identity for the purpose
of obtaining service.
2.4.7 Service is already being provided at the address for
which Applicant is requesting service.
2.4.8 Service in the name of another Customer currently living
with the applicant at the same address for which service is
being requested and that Customer has been terminated for
nonpayment and a delinquent balance is still outstanding.
2.4.9 Prior Customer was terminated for any of the below reasons
and continues to reside on the premises for which applicant
requests service.
a). Company has evidence of meter tampering or fraud.
b). Failure to pay a delinquent bill for utility service.
c). Failure to maintain deposit requirements.
d). Failure to pay for a bill to correct a previous underbilling.
e). Failure to comply with curtailment procedures imposed
by the Company during supply shortages.
f). Failure to provide reasonable and safe access to Company's
equipment and property.
g). Breach of written contract between Company and Customer.
2.4.10 Applicant has failed to obtain all required permits
and/or inspections indicating that Applicant's facilities
comply with local construction and safety codes.
2.5 Establishment of Residential Credit or Security Deposit
2.5.1 Residential Establishment of Credit - Company shall
not require a security deposit from a new Applicant for residential
electric service if Applicant is able to meet any of the following
requirements:
2.5.1.1 Applicant owns premises being served.
2.5.1.2 Applicant has had service of a comparable nature with
Company at another service location within past two (2) years
and was not delinquent in payment to any utility during the
last twelve (12) consecutive months, or disconnected for
nonpayment, or has not had an unpaid final bill.
2.5.1.3 Applicant can provide a letter regarding credit or
verification from an electric utility where service of a comparable
nature was received within the last two years, and the letter
states that the Applicant had a satisfactory payment history
at time of service discontinuation, and such service was for
at least 12 consecutive months.
2.5.2 Residential Establishment of Security Deposit - When
credit cannot be established as provided for in Section 2.5.1
hereof or when it is determined that Applicant left an unpaid
final bill owing to another utility, Applicant may be required
to place a cash deposit to secure payment of bills for service.
2.5.3 Properties - If a rental property is vacated with a
balance due, reconnection at that location will not be allowed
until the balance is paid.
2.6 Establishment of Nonresidential Credit or Security Deposit
2.6.1 Nonresidential Establishment of Credit - Company shall
not require a security deposit from a new Applicant for Nonresidential
electric service if Applicant is able to meet any of the following
requirements:
2.6.1.1 Applicant has had service for at least one year of
a comparable nature with Company at another service location
within the past two years, and was not delinquent in payment
to any utility during the last twelve (12) consecutive months,
or disconnected for nonpayment, or has had an unpaid final
bill.
2.6.1.2 Applicant can provide a letter regarding credit or
verification from an electric utility where service of a comparable
nature was last received which states applicant had a satisfactory
payment history at time of service discontinuation, and such
service was for at least 12 consecutive months.
2.6.2 Nonresidential Establishment of Security Deposit - All
nonresidential customers may be required to:
2.6.2.1 Place a cash deposit to secure the payment of bills
for service as prescribed herein, or
2.6.2..2 Provide a noncash security deposit in the form of
a Surety Bond, Irrevocable Letter of Credit or Assignment
of Moneys in an amount equal to the required security deposit.
2.7 Re-establishment of Security Deposit
2.7.1 Residential - Company may require a residential Customer
to establish or reestablish a security deposit if Customer
has been disconnected for nonpayment during the last twelve
(12) months, or when Customer's financial condition may jeopardize
the payment of their bill as determined by a bankruptcy filing.
2.7.2 Nonresidential - Company may require a nonresidential
Customer to establish or reestablish a security deposit if
the Customer becomes delinquent or if the Customer has been
disconnected for nonpayment during the last twelve (12) months,
or when the Customer's financial condition may jeopardize
the payment of their bill, as determined by a credit investigation,
financial reorganization notice or bankruptcy filing.
2.8 Security Deposits
2.8.1 Residential security deposits must be a cash deposit
and may be up to 130% of the monthly average of the annual
consumption of electrical service by such Customer as estimated
by the Company or higher as may be permitted by law.
2.8.1.1 Deposits will automatically be refunded after 12 months
of service provided Customer has not been delinquent in the
payment of bills or disconnected for nonpayment during the
previous twelve (12) consecutive months, unless Customer has
filed bankruptcy.
2.8.2 Nonresidential security deposits may be either cash
or noncash, as described in 2.6.2.2, and shall not exceed
130% of the monthly average of the annual consumption of electrical
service by such Customer as estimated by the Company or higher
as may be permitted by law.
2.8.2.1 Deposits on file with the company will be reviewed
after 12 months of service and will be refunded or released
provided Customer has not been delinquent in the payment of
bills or disconnected for nonpayment during the previous twelve
(12) consecutive months.
2.8.3 Company reserves the right to increase or decrease the
security deposit amount when the Customers’ average
consumption changes by more than ten (10) percent for resident
accounts within a twelve (12) consecutive month period and
five (5) percent for nonresidential accounts within a twelve
(12) consecutive month period. Separate security deposits
may be required for each location. Company reserves the right
to increase the security deposit amount to reestablish service
if that customer’s average consumption has changed by
more than 10% for residential accounts and 5% for nonresidential
accounts within a twelve (12) consecutive month period. Separate
security deposits maybe required for each location where a
customer has service.
2.8.4 Customer security deposits shall not preclude Company
from terminating agreement for service or suspending service
for any failure in the performance of Customer obligation
under the agreement for service.
2.8.5 On all cash deposits, interest at the rate of not less
than three (3%) percent per annum shall be allowed and paid
to the customer on the deposits, provided it remains on deposit
for more than six (6) months.
2.8.6 Cash deposits on inactive accounts or accounts where
service has terminated may be applied to the final bill, if
any, and will be refunded to the Customer within sixty (60)
days.
2.9 Line Extensions - Installations requiring the Company
to extend its facilities in order to establish service will
be made in accordance with Company's Conditions Governing
Extensions of Electric Distribution Lines and Services.
2.10 Three Phase Service Installation - All new three phase
service installations for 100 kVA or greater will be required
to sign a contract with the Company. The contract will provide
for service capacity, voltage requirements, minimum bill capacities
and length of agreement.
3. RATES
3.1 Rate Information - Company shall provide a copy of the
rate schedule to the Customer, when requested. In addition,
Company shall notify Customers of any change in rate schedules
affecting those Customers.
3.2 Rate Selection - Customer's service characteristics and
service requirements determine the selection of the applicable
rate schedule. Company will use reasonable care in initially
establishing service to the Customer under the most advantageous
rate schedule applicable to the Customer. However, because
of varying Customer usage patterns and other reasons, Company
cannot guarantee that the most economic applicable rate will
be applied. Company will not make any refunds in any instances
where it is determined that Customer would have paid less
for service had Customer been billed on an alternate applicable
rate or provision of a rate.
4. BILLING AND COLLECTION
4.1 Customer Service Installation and Billing - Service billing
periods normally consist of approximately 30 days unless designated
otherwise under the rate schedules or at Company option.
4.1.1 Customer service installations will normally be arranged
to accept only one type of standard service at one point of
delivery to enable service measurement through one meter.
If Customer requires more than one type of service, or total
service cannot be measured through one meter according to
Company's normal practice, separate meters will be used and
separate billing rendered for the service measured by each
meter.
4.1.2 When regular, accurate meter readings are not available
or the electric usage has not been accurately measured, the
Company may estimate the Customer's energy usage for billing
purposes on the basis of information including, but not limited
to, the physical condition of the metering equipment, available
meter readings, records of historical use, and general characteristics
of the Customer's load and operation.
4.1.3 Where a meter error is discovered as a result of a meter
test, the Company may render an adjusted bill to the Customer
for the amount of the undercharge, and shall issue a refund
or credit to the Customer's account for the amount of the
overcharge. Such adjusted bill shall be computed as follows:
4.1.3.1 Fast Meter: If a meter is registering more than 2%
fast, the Company shall refund to the Customer the amount
of the overcharge based on the corrected meter readings or
the utility's estimate of the energy usage either for the
known period of the meter error or, if the period of error
is not known, for the period during which the meter was in
use, in either situation for a period not exceeding one year.
4.1.3.2 Slow Meter: If a meter is more than 2% slow, the Company
may bill the Customer for the amount of the undercharge based
on corrected meter readings or the Company's estimate of the
energy usage either for the known period of meter error or,
if the period of the meter error is not known, for the period
the meter was in use, in either situation the billing shall
not exceed twelve (12) months for any class of service.
4.1.3.3 Nonregistering Meter: If a meter is found to be nonregistering,
the Company may bill the Customer for the amount of the underbillings
based on the Company's estimate of the electric service used
but not registered, for a period not exceeding twelve (12)
months.
4.1.4 Adjustment of Bills for Billing Error
Where the company overcharges or undercharges a customer as
the result of a billing error which may include incorrect
meter reads or clerical errors by a Company representative
such as applying the wrong rate, wrong billing factor or an
incorrect calculation, the Company may render an adjusted
bill for the amount of the undercharge, and shall issue a
refund or credit to the customer for the amount of the overcharge,
for the period of the billing error, but in no event shall
the amount billed, refunded or credited exceed a twelve (12)
month period except for customer meter tampering, a non-registering
meter or engaging in other illegal activities. Payments from
residential customers on undercharges shall be collected in
equal payments over a twelve (12) month consecutive period
without penalties or interest or over such larger or shorter
time period as the Company and Customer may agree.
4.2 Collection Policy - The following collection policy shall
apply to all customer accounts:
4.2.1 All bills rendered by the Company are due and payable
no later than fifteen (15) days from the billing date. Any
payment not received within this time frame shall be considered
past due. Bills for which payment has not been received within
fifteen (15) days of the past due date will be considered
delinquent. All delinquent bills shall be subject to the provisions
of the Company's termination procedure. Company reserves the
right to suspend or terminate Customer's service for:
a). nonpayment of delinquent service bills;
b). nonpayment of service establishment charges;
c). nonpayment of security deposits;
d). nonpayment of meter test charges;
e). nonpayment of returned check charges;
f). nonpayment of late charges;
g). nonpayment of collection charges;
h). nonpayment of miscellaneous charges owed the company;
i). and/or to declare past due service bill amounts, past
due service establishment charges, past due security deposits,
past due meter test charges, past due returned check charges,
and past due collection charges subject to a one-time late
charge of 5%.
4.2.2 If Customer has one or more utility services with Company
and one or more of such services is terminated for nonpayment
and Customer is unwilling to make arrangements with Company
for payment, Company shall be entitled to transfer the balance
due on the terminated service(s) to any other active utility
account of Customer. The failure of the Customer to pay the
active account shall result in the suspension or termination
of service thereunder. However residential electric service
shall not be discontinued, because of nonpayment of other
classes or types of electric service.
4.3 Responsibility for Payment of Bills - Customer is responsible
for the payment of bills for energy use recorded by the meter
or estimated by Company, until service is ordered discontinued,
and the Company has had two (2) working days time to secure
a final meter reading.
4.4 Returned Checks - If Company is notified by the Customer's
bank that the bank will not honor a check tendered by Customer
for payment of any bill, Company may require the Customer
to make payment in cash, by money order, certified check
or other means which guarantee the Customer's payment to the
Company.
4.3.1 Customer shall be charged a fee of twenty five dollars
($25.00) for each instance where Customer tenders payment
of a bill with a check which is not honored by Customer's
bank.
4.3.2 The tender of a dishonored check shall in no way:
i) relieve Customer of the obligation to render payment to
Company under the original terms of the bill;
ii) or, defer Company's right to terminate service for nonpayment
of bills.
4.5 Collection Charge - Company shall require payment of a
Collection Charge of twenty five dollars ($25.00) when an
authorized Company representative travels to Customer's premises
to accept payment of a delinquent account, notify of service
termination, or make payment arrangements. During normal working
hours, a reconnection fee of $50 will be charged on accounts
that have been disconnected for nonpayment. If the customer
requests reconnection of service to an account which has been
disconnected for nonpayment after normal working hours, an
additional charge of one hundred dollars ($250.00) must be
paid prior to service re-establishment.
4.5.1 To avoid discontinuation of service, Customer may make
payment in full, including any necessary deposit in accordance
with Section 2.5 or, at Company option, may make acceptable
payment arrangements.
4.6 Payment Assistance and Counseling - The Company will provide
the following services to Customers unable to pay their bills.
4.6.1 The Company will offer installment payment plans to
allow Customers to amortize past due and current amounts over
a reasonable period of time. Customers who default on installment
payment plans may not qualify for future installment payment
arrangements.
4.6.2 Customer making payments on an installment payment plan
must keep the account current as charges for service accrue.
4.6.3 Company will furnish Customer upon request, information
on the availability of alternate sources of financial assistance.
5. SERVICE RESPONSIBILITIES OF COMPANY AND CUSTOMER
5.1 Responsibility: Use of Service or Apparatus - Company
and Customer assume all responsibility on their respective
sides of the point of delivery for the electric service supplied
and taken, as well as for any apparatus used in connection
therewith.
5.1.1 Customer and Company each shall save the other harmless
from and against all claims for injury or damage to persons
or property occasioned by or in any way resulting from the
electric service or the use thereof on their respective sides
of the point of delivery. Company shall, however, have the
right to suspend or terminate service in the event Company
should learn of service use by Customer under hazardous conditions
or for illegal purposes.
5.1.2 Customer shall exercise all reasonable care to prevent
loss or damage to Company property installed on Customer's
premise for the purpose of supplying service to Customer.
5.1.3 Customer shall be responsible for payment of loss or
damage to Company property on Customer's premises arising
from neglect, carelessness or misuse, and shall reimburse
Company for the cost of necessary repairs or replacements.
5.1.4 Customer shall be responsible for payment for any equipment
damage and/or estimated unmetered usage resulting from unauthorized
breaking of seals, interfering, tampering or by-passing Company's
meter.
5.1.5 Customer shall be responsible for notifying Company
of any failure in Company's equipment.
5.1.6 Customer must give Company prior notice of an increase
in load.
5.2 Service Interruptions: Limitations on Liability of Company
- Company shall not be liable to Customer for any damages
occasioned by fluctuations, interruptions or curtailment of
electric service except where caused by Company's willful
misconduct or gross negligence. Company may, without incurring
any liability therefore, suspend Customer's electric service
for periods reasonably required to permit Company to accomplish
repairs to or changes in any of Company's facilities.
5.2.1 In the event of a national emergency or local disaster
resulting in disruption of normal service, Company may, in
the public interest, interrupt service to other Customers
to provide necessary service to civil defense or other emergency
service agencies on a temporary basis until normal service
to these agencies can be restored.
5.2.2 Rolling Blackouts/Brownouts - In the event of a local,
regional or national power shortage, Company may interrupt
service to Customers on a temporary, rotating basis until
normal service can be restored.
5.3 Company Access to Customer Premises - Company's authorized
agents shall have safe access to Customer's premises at all
reasonable hours to install, inspect, read, repair or remove
its meters; to install, operate or maintain other Company
property, and to inspect and determine the connected electrical
load. Neglect or refusal on the part of the Customer to provide
such access shall be sufficient cause for discontinuance of
service by Company, and assurance of access may be required
before service is restored.
5.4 Easements - All suitable easements and right-of-way required
by the Company for any portion of the extension which is on
premises owned, leased or otherwise controlled by Customer
shall be furnished in Company's name by the Customer without
cost to Company and in reasonable time to meet proposed service
requirements. All easements and right-of-way obtained on behalf
of Company shall contain such terms and conditions as are
acceptable to the Company. Any cost incurred to modify the
Company’s standard easement policy shall be borne by
the customer.
5.5 Load Characteristics - Customer shall exercise reasonable
care to assure that the electrical characteristics of its
load, such as unusual short interval fluctuations in demand,
shall not be such as to result in impairment of service to
other customers or interference with operation of telephone,
television or other communication facilities.
5.6 Load Fluctuations - Cooperative may, at its option, require
that all motors 50 HP and larger be equipped with reduced
voltage starting equipment or such other control devices as
will avoid unnecessary voltage surges on Cooperative’s
system.
Motors designed for full voltage “across the line”
starting may, at Cooperative’s option, be permitted
to operate from Cooperative’s system if study by Cooperative
indicates that the operation of such motors will not be detrimental
to service furnished other consumers. Advanced written permission
by Cooperative will be required for all “across the
line” motor installations.
6. METERING AND METERING EQUIPMENT
6.1 Customer Equipment - Customer shall install and maintain
all wiring and equipment beyond the point of delivery. Except
for Company's meters and special equipment, Customer's entire
installation must conform to all applicable construction
standards and safety codes, and if an inspection or permit
is required by law or by Company, the same must be furnished
by Customer.
6.1.1 Customer shall provide in accordance with Company's
current service standards, at no expense to Company, and close
to the point of delivery, a sufficient and suitable space
acceptable to Company's representative for the installation
of Company's metering equipment.
6.1.2 Customer shall provide and maintain a clear and unobstructed
work space that extends a minimum radius of three (3) feet
from the face of the electrical entrance section, and a clear
and unobstructed walkway to the meter location of a minimum
width of three feet. The electric entrance section work space
shall have a level floor surface and a height minimum of 6
feet 6 inches to any overhead obstruction.
6.1.3 Customer shall, at his own expense, relocate meter or
meters to a new and approved location whenever the existing
meter or meters become inaccessible or work space cannot be
maintained.
6.2 Service Connections - Company will not install and maintain
any lines and equipment on Customer's side of the point of
delivery except its meter. For the mutual protection of the
Customer and Company, only authorized employees of Company
are permitted to make and energize the connection between
the Company's service wire and Customer's service entrance
conductors. Such employees carry credentials which they will
show upon request.
6.3 Measuring Customer Use - All the energy sold to the Customer
will be measured by a commercially acceptable measuring device
owned and maintained by the Company, except where it is impractical
to meter loads such as street lighting, security lighting,
or special installations in which case the consumption may
be calculated.
6.3.1 The readings of Company's meters will be conclusive
as to the amount of electric power supplied to Customer unless,
there is evidence of meter tampering or energy diversion,
or unless a test reveals Company's meter is in error by more
than plus or minus two percent (2%).
6.3.2 If there is evidence of meter tampering or energy diversion,
Customer will be billed for the estimated energy consumption
that would have been registered had all energy usage been
properly metered.
6.3.3 If any meter after testing is found to be more than
two percent (2%) in error, either fast or slow, proper correction
shall be made of previous readings and an adjusted bill shall
be rendered per 4.1.4. Customer will be billed for the estimated
energy consumption that would have been registered had the
meter been operating properly.
6.3.4 Company shall, at the request of Customer, reread Customer’s
meter within ten (10) working days after such request by Customer.
The cost of such rereads, which is (twenty five) $25, may
be charged to Customer, provided the original reading was
not in error.
6.4 Meter Testing
6.4.1 Company shall test its meters regularly in accordance
with a meter testing and maintenance program.
6.4.2 Company will individually test a meter upon Customer's
request. If meter is found to be within the two per-cent (2%)
limit, Company may charge customer $50.00 for the cost of
the meter test. The results of the test will be furnished
to the Customer within a reasonable time after the test.
6.4.3 Customer shall have the right to observe any individual
meter test he has requested, or to have present an expert
or other representative appointed by him.
6.5 Master Metering
6.5.1 Resale of Electricity - Customer shall not resell electricity
from the Company to any person except,
i). where energy is purchased at rates specifically applicable
to resale service, or
ii). where the charge to the tenants is absorbed in the rental
for the premises or space occupied, or
iii). where the customer is owner, lessee or operator of an
multi-family housing or similar facility, and submeters and
resells electricity to tenants at the same rates and charges
that the Company would charge for the service if supplied
by it directly, or
iv). qualifies for submeter resale under the criteria identified
in Section 6.5.4.
6.5.2 Mobile Home Parks - Company shall refuse service to
all new construction and/or expansion of existing permanent
residential mobile home parks unless the construction and/or
expansion is individually metered by the Company.
6.5.3 Residential - Apartment Complexes - Condominiums and
Other Multiunit Residential Buildings - Company shall refuse
service to all new construction of apartment complexes and
condominiums which are master metered.
6.5.4 RV Parks, Marinas, Small Craft Harbors, and Similar
Type Service - Master metering will be allowed at RV parks,
marinas, small craft harbors and similar type of services.
The master meter Customer may sub-meter individual spaces,
slips or berths. An "extended stay" or permanent
residential, commercial, recreational or similar facilities
shall be individually metered by the Company. Existing master
metered facilities shall be exempt from these requirements,
except for any new facilities that are added to the RV park,
marina, small craft harbor, etc. after the effective date
of these Terms and Conditions. The rates and charges to the
submeter user must not exceed those that would be applied
if user was purchasing electricity directly from the Company.
7. TERMINATION OF SERVICE
7.1 Customer Initiated Termination - A Customer requesting
termination of electric service must provide the Company
with at least two working days notice and a disconnect date.
The Customer shall remain responsible for all energy use
until two working days after the disconnect notice or the
requested disconnect date, whichever is later.
7.2 Company Initiated Terminations
7.2.1 The Company may without liability for injury or damage
disconnect service to any Customer for any of the reasons
stated below, in accordance with the termination proceedings
established herein.
a). Existence of obvious hazard to the health and safety of
persons or property.
b). Customer has fraudulently obtained or is the beneficiary
of any fraudulent practice in obtaining electrical service.
c) Company has evidence of tampering with Company equipment
or theft of Company equipment or electricity has occurred.
d). When the Customer has moved from the premises.
e). In the event the Customer uses electricity detrimental
to the service of other customers.
f). Customer violation of any Company rate schedules.
g). Failure of Customer to pay a delinquent bill for service.
h). Failure of Customer to meet or maintain deposit requirements.
i). Failure of Customer to provide reasonable access to Company’s
equipment and property.
j). Failure of prior customer to pay a delinquent bill for
service where the prior customer continues to reside on premises.
k). When necessary for Company to comply with an order of
any Governmental agency having such juridiction.
l). Company has evidence of unauthorized resale or use of electric
services.
m). The Company shall have the right to (but not the obligation)
to remove any and all of its property installed on the Customer’s
premises upon termination of service.
7.3 Residential Terminations
7.3.1 During the months of December, January, and February,
the Company shall not terminate heating service to a residential
customer for nonpayment who is eligible to receive credits
established under the energy subsidy program of 5117.11 of
the Ohio Revised Code.
7.3.2 When the termination of service would be especially
dangerous to health, as determined by the Public Utilities
Commission, or make the operation of necessary medical or
life-supporting equipment impossible or impractical and the
customer establishes that he/she is unable to pay for such
service in accordance with the utilities billing except, under
an extended payment plan, service cannot be terminated until
the termination procedure in 7.5 has been complied with.
7.3.3 From the fifteenth (15) day of November through the
fifteenth (15th) day of the following April, the Company
may terminate residential service for nonpayment if the account
is more than thirty (30) days in arrears and the Company complies
with all termination procedures.
7.3.4 In addition to the provisions set forth in 7.4.1 the
Company shall not terminate electric service to any residential
premise between December and the following March for nonpayment
of electric service until the following have been attempted.
a). At the time the Company provides notice of termination
the occupant of the premises is notified where to obtain State,
Federal or local aid for the payment of utility bills and
for home weatherization.
b). Makes prior contact with the Customer by personal contact,
telephone or hand delivered written notice.
c). Informs the Customer of the right to enter into a payment
plan for payment of the unpaid balance.
7.3.5 In the event the county Human Services Department has
requested that the Company give prior notification of any
residential service termination for nonpayment during this
period then written notice of the termination shall be given
to that Department twenty-four (24) hours prior to any termination.
7.4 Termination Procedures
7.4.1 The following general provisions apply to the termination
of service to all residential and non-residential
Customers.
a). Fifteen day advance written notice of intent to terminate
for nonpayment, which can be included or be a part of monthly
billing notice.
b). Five day advance written notice of intent to terminate
for reasons other than nonpayment, which can be included or
be a part of monthly billing notice.
c). Notice shall state reason for termination.
d). Notice shall advise the Customer of his right to dispute
the reasons for such termination.
e). Notice shall be considered given to the Customer when
a copy thereof is delivered to the service location or posted
first class in the United States mail, addressed to the Customer’s
last known address.
f). Service may be terminated on or after the day specified
in the notice without giving further notices, if the violation
has not been satisfied.
g). Service may only be disconnected in conjunction with a
personal visit to the premises by an authorized representative
of the Company.
h). The Company shall have the right (but not the obligation)
to remove any and all of its property.
i). Where the occupant of a residential premises is a tenant
whose landlord is responsible for payment of the service provided
by the Company, the Company will give the tenant five (5)
days notice of its intent to discontinue service to residence.
j). All terminations made on a day preceding a day that all
services necessary for the Company to perform reconnection
are not regularly performed shall be made before 12:30 p.m.
7.5 Residential Service To Ill, Elderly or Handicapped Customers
Or Those With Dangerous Health Conditions or On Necessary
Medical or Life Support Systems.
7.5.1 In addition to the provisions set forth in 7.4.1., service
to residential customers that are ill, elderly or handicapped
who do not have the ability to pay will not be terminated
until all of the following have been attempted.
a). The Customer has been made aware of the availability of
funds from various governmental and social assistance agencies
which the Company is aware of.
b). Company has made a diligent effort to notify third party
previously designated by Customer.
c). Company has attempted to make satisfactory payment arrangements
with Customer and/or previously designated third party.
7.5.2 In addition to the provisions set forth in 7.4.1 residential
service shall not be terminated where the Customer has an
inability to pay and has established through medical documentation
that, in the opinion of a licensed medical physician, termination
would be especially dangerous to the Customer’s or a
permanent resident residing on the Customer’s premises
health, or where life support equipment used in the home is
dependent upon electric service for operation.
7.5.3 A Customer using the provisions of 7.5.2 shall be required
to enter into a deferred payment agreement with the Company
within ten (10) days after the scheduled termination date.
If the Customer refuses to enter into such an agreement service
may be terminated with thirty (30) days notice.
8. REMOVAL OF FACILITIES - Upon the termination of service,
Company may without liability for injury or damage, dismantle
and remove its facilities installed for the purpose of supplying
service to the Customer, and Company shall be under no further
obligation to serve Customer.
9. SUCCESSORS AND ASSIGNS - Agreements for service shall be
binding upon and for the benefit of the successors and assigns
of Customer and Company, but no assignments by Customer shall
be effective until Customer's assignee agrees in writing to
be bound and until such assignment is accepted in writing
by the Company.
10. WARRANTY - There are no understandings, agreements, representations
or warranties, expressed or implied (including warranties
regarding merchantability or fitness for a particular purpose),
not specified herein concerning the sale and delivery of electricity
by the Company to the Customer. These Terms and Conditions
state the entire obligation of the Company in connection with
such sales and deliveries.
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