CHAPTER XVIII. UTILITIESCHAPTER XVIII. UTILITIES\ARTICLE 3. MUNICIPAL ELECTRIC DEPARTMENT

The following rules and regulations shall apply to the management and operation of the electric plant and the system of distribution of the city and shall be binding upon the city and every person, firm or corporation supplied with electric current by the city.

(Code 1973, 18-501)

Every person, firm or corporation desiring electrical service from the city shall first make an application therefor at the office of the city clerk in such form as may be provided for the purpose by the department. No electrical service shall be supplied to any premises until proper application has been made to the city clerk and a permit issued for such service. Upon the approval of the application and the granting of the permit, electrical service shall be supplied in accordance with this article and the rules of the department.

(Code 1973, 18-502)

When the application discloses no electrical service is available from the city’s transmission lines to the premises, an electrical service connection shall be installed as follows: The city will supply the service drop, and furnish the meter and meter base. The meter base will be installed at the expense of the property owner together with the service entrance wiring. All wiring shall be installed in compliance with the electrical code of the city by a licensed electrician: Provided, That the city shall not be required to make any connection for the purpose of serving property where no transmission line is available.

(Code 1973, 18-503)

The city may extend its electric lines outside the city to serve any customer or customers upon the basis of special agreements entered into by the city for the purpose. All such agreements shall be made in writing and approved by the city manager or the electric superintendent.

(Code 1973, 18-504)

A separate and distinct electrical service drop shall be installed from the transmission line to each dwelling or business building receiving electrical services: Provided, that the city shall in all cases determine the application of this section and may in exceptional cases grant permission for single connections to multiple dwellings or business buildings, but the city reserves the right in all such cases to install separate service connections when such units are occupied by more than one family or business establishment. The city reserves the right to designate the location of the service entrance and the meter.

(Code 1973, 18-505)

All electrical current sold and supplied by the department shall be measured by meters. No one except employees of the department shall remove, repair or replace any meter. It shall be the duty of the superintendent from time to time to inspect all meters and he or she may, without notice, remove or replace any meter found to be defective or otherwise unsatisfactory. The city reserves the right to seal all meters. It shall be unlawful for any person, without authority of the department, to break the seal of any meter or alter the registers and mechanism thereof, or to make connections in any manner so that electricity may be taken or used without being metered.

(Code 1973, 18-506)

The city shall at its own expense maintain and repair all service drops. The department shall keep all meters in good repair and in proper working condition without cost to the customer. The city reserves the right to inspect the building wiring for defects or failures at all reasonable and proper times. The city may discontinue or refuse electrical services when the wiring is defective or installed improperly. In all cases the superintendent is empowered to discontinue service or disconnect the same from the city line when he or she deems it necessary to do so to protect lives or property in the event of fire or other danger. The superintendent is further authorized to refuse electrical service until he or she shall have been satisfied that all electrical wiring fixtures or apparatus installed on any premises shall have been installed in conformity with electrical regulations of the city.

(Code 1973, 18-507)

The city shall be held blameless and free from liability in case of damage to property, appliances or articles or materials being processed, manufactured or stored due to uncontrollable interruptions of service caused by lightning, voltage surges, storm damages, breaking of wires or poles, strikes, or any other cause beyond the control the electric department which may cause an interruption of service. The city reserves the right to suspend service at any time without notice for the purpose of making repairs or extension of Lines or by reason of uncontrollable conditions. The superintendent is authorized to discontinue service upon discovery of any violation of this article or failure to comply with rules and regulations of the department as herein authorized.

(Code 1973, 18-508)

When electric service is installed and available on any premises, no charge or fee shall be made for turning on the electricity or for disconnecting the service at the request of the consumer during regular working hours or when service is disconnected at the convenience of the city for repair or alteration. Provided that where the electric service is cut off for any other reason, a reconnection fee as set forth in Section 18-110 shall be paid to the city clerk. In no case shall service be reconnected until all back charges, penal ties, or required deposits have been paid to the city clerk. It shall be unlawful for any person or persons to discontinue electrical service except the superintendent or some duly authorized employee of the department. No deductions shall be made in the rates on any service connections not being used when the same are available for use.

(Code 1973, 18-509; Ord. 1524; Ord. 1539; Ord. 1859)

In case of a dispute between the department and the consumer as to the correctness of the measurement of any meter, the meter may be removed and tested upon request in writing by the consumer and upon payment in advance to the city clerk of $25.00.If upon testing the meter, the same shall be found not to be over registering by as much as two percent, said fee shall be retained by the department, but in case the meter is found to be over registering by more than two percent, the said fee shall be returned to the consumer. Where the meter appears to be registering improperly, the city clerk may correct the bill upon the basis of the average amount of electricity used by the consumer during some previous time when the meter measured correctly or upon the basis of the average use of electricity by other consumers under similar circumstances.

(Code 1973, 18-511; Ord. 1524; Ord. 1536; Ord. 1859)

Upon application to the department, temporary connections may be made for electric service until a permanent connection can be made. All such service shall be metered and the connection made in accordance with the rules of the department.

(Code 1973,18-512)

It shall be unlawful for any person, firm or corporation purchasing electrical energy from the city to resell or supply such electrical energy to any other person or persons.

(Code 1973, 18-513)

The city manager is authorized to make and enforce such additional rules, not inconsistent herewith, as shall be necessary from time to time for the proper conduct and management of the municipal electrical plant and distribution system, and the same shall be binding upon the city and its electrical customers upon the approval of the city governing body.

(Code 1973,18-514)

It shall be unlawful for any person to break the seal of any meter or switch or to install or alter any wiring or to make connections or to attach wires or any electrical devices to wires or meters in such a manner that electricity may be taken, used or wasted without being metered: Provided, That electricians working under the provisions of the electrical code may use sufficient electricity to test their work as may be authorized by the department.

(Code 1973,18-515)

It shall be unlawful for any person to deface, injure or destroy any pole, wire, insulator, lamp or any other property belonging to the municipal electrical department or to in any way interfere with the orderly and proper operation of the electrical plant or system of distribution of said city.

(Code 1973, 18-516)

(a)   For the purpose of this section, master metering shall be defined as the use of a single electricity consumption meter in serving more than one residential customer, or more than one residence.

(b)   It shall be unlawful for any person to place a master meter in a residential dwelling served by the city. This prohibition shall also apply to mobile home courts and apartment complexes.

(c)   This prohibition shall apply to new residential units, mobile home courts and apartment complexes as well as renovations of the same where the renovation costs exceed the value of the building or structure by 50 percent or more.

(Code 1983)

In the event of an emergency pertaining to the operation and generation of the Russell Municipal Power plant, the following procedures shall be followed in order to minimize the effects of such emergency situation:

(a)   In the event of an engine failure or other power shortage which develops during the peak season for the generation and distribution of electrical power to such an extent that the Russell Municipal Power Plant cannot generate sufficient power without utilizing emergency power from the interconnect with Western Power Division of Central Telephone and Utilities Corporation, then and in that event the city will request Western Power Division of Central Telephone and Utilities Corporation to supply such additional energy as is available.

(b)   In the event that such energy is not available or is not available in such quantities that the Russell Municipal Power Plant cannot handle the power load existing, then the following steps shall be taken so that the plant may continue in operation.

At the direction of the city manager or some other person designated by him or her to act in such an emergency, the plant operator shall be ordered to cease services to the following facilities:

(l)    The airport and Big Creek circuits shall be terminated.

(2)   Contact will be made with Western Power Division of Central Telephone and Utilities Corporation as to the operability of the interconnect.

(3)   The mayor, city manager or someone designated by them, will by utilization of the facilities of the Russell Police Department, the local radio station and the local newspaper, request all electrical users to terminate use of all air conditioners and to conserve the consumption of electrical power as much as possible.

(4)   If the foregoing steps are not sufficient to put the plant back in proper operation, then electrical power shall be terminated to all oil field facilities. Those oil field facilities will be terminated first that do not interfere with farm home circuits.

(5)   In the event that none of the foregoing are adequate to put the plant back into proper operation, then the residential circuits in the city will be terminated.

(6)   If the duration of the emergency is such as to create a problem for residential service, then every effort will be made to rotate the residential circuits in order to prevent food spoilage in refrigerators and deep freezes.

(7)   Residential street lighting shall be terminated until such time as they can be reactivated without affecting any other power supplies. All lighting for recreational facilities will be terminated.

(c)   The following electrical circuits shall be maintained as follows:

(l)    All water pumping facilities and sewage treatment and disposal facilities shall remain operable.

(2)   Sewage lift stations shall remain operable and supplies with power so that no sewer blockage shall result.

(3)   Commercial circuits will not be terminated except under extreme emergency conditions, provided however, that commercial air conditioning shall be terminated under the same conditions as the termination of residential air conditioning.

(d)   The mayor, city manager or other person designated by them, under the conditions hereinbefore described, may declare a power emergency and invoke the foregoing rules and regulations during such emergency period.

(e)   Any person failing to comply with the restrictions of the use of air conditioners in violation of the orders issued pursuant to the terms of this section shall, upon conviction thereof, be fined in an amount not to exceed $500.

(Ord. 1250, Sec. 1:5)

This schedule applies only to services within the boundaries of the City. “Residential Service” is defined as service to residential premises for noncommercial and nonindustrial purposes used by the occupant of such premises for residential purposes. Commercial rates shall apply to any building used for both residential and commercial purposes, unless the residential service and commercial service are measured by separate meters.

(a)   Service under this schedule will be alternating current, 60 cycles, single or three phase, at the voltage as the City may have available for the service required.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50

(2)   First 1450 KWH – 10.7009¢ per KWH

(3)   Over 1450 KWH – 10.4948¢ per KWH

(Ord. 1425; 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789; Ord. 1815; Ord. 1861; Code 2017)

The schedule applies to service only to property outside the corporate limits but within three miles of the City, which property, if it were inside such boundaries, would be eligible under the rate above set forth in Section 18-318 of this article.

(a)   Service under this schedule will be alternating current, 60 cycles, single or three phase, at the voltage as the City may have available for the service required.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50

(2)   First 1450 KWH – 12.2009¢ per KWH

(3)   Over 1450 KWH – 11.9948¢ per KWH

(Ord. 1425; 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789; Ord. 1815; Ord. 1861; Code 2017)

(Intentionally left blank, rate structure no longer in effect.)

(Ord. 1425; 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789

This schedule is applicable to any customer using electric service for lighting, heating, and small power for any business enterprise, institution, or public purpose located within the corporate limits of the City.

(a)   Service under this schedule will be alternating current, 60 cycles, single or three phase, at the voltage as the City may have available for the service required.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50

(2)   First 240 KWH – 11.8504¢ per KWH

(3)   Over 240 KWH – 10.7448¢ per KWH

A minimum charge of not less than $1.00 per horsepower per month for the first 5 horsepower, and 50¢ per horsepower per month in excess of 5 horsepower or fraction thereof will be made in lieu of the Energy Charge when the customer’s Energy Charge is less than this minimum charge.

(Ord. 1425; 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789; Ord. 1815; Ord. 1861; Code 2017)

This schedule is applicable to any customer using electric service for lighting, heating, and small power for any business enterprise, institution, or public purpose located outside the corporate limits, but within three miles of the City.

(a)   Service under this schedule will be alternating current, 60 cycles, single or three phase, at the voltage as the City may have available for the service required.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50

(1)   First 240 KWH – 13.3504¢ per KWH

(3)   Over 240 KWH – 12.2448¢ per KWH

A minimum charge of not less than $1.00 per horsepower per month for the first 5 horsepower, and 50¢ per horsepower per month in excess of 5 horsepower or fraction thereof will be made in lieu of the Energy Charge when the customer’s Energy Charge is less than this minimum charge.

(Ord. 1425; 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789; Ord. 1815; Ord. 1861; Code 2017)

This schedule is applicable to separately metered customers located inside the corporate limits of the City, using standard electric service for the purpose of oil and gas production.

(a)   Service under this schedule shall be three phase 240-480 volt, for all purposes, including lighting and power.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50

(2)   Energy Charge – 10.1938¢ per KWH

A minimum charge of not less than $1.00 per horsepower per month for the first 5 horsepower, and 50¢ per horsepower per month in excess of 5 horsepower or fraction thereof will be made in lieu of the Energy Charge when the customer’s Energy Charge is less than this minimum charge.

(c)   In the event, for economic or other viable reasons, that more than one oil well pump motor should be served by one meter, rate blocks shall be multiplied by the number of oil well pump motors connected to said meter.

(Ord. 1425; 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789; Ord. 1815; Ord. 1861; Code 2017)

This schedule is applicable to separately metered customers located outside the corporate limits, but within three miles of the City, using standard electric service for the purpose of oil and gas production.

(a)   Service, under this schedule, shall be three phase 240-480 volt, for all purposes, including lighting and power.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50

(2)   Energy Charge – 11.6938¢ per KWH

A minimum charge of not less than $1.00 per horsepower per month for the first 5 horsepower, and 50¢ per horsepower per month in excess of 5 horsepower or fraction thereof will be made in lieu of the Energy Charge when the customer’s Energy Charge is less than this minimum charge.

(c)   In the event, for economic or other viable reasons, that more than one oil well pump motor should be served by one meter, rate blocks shall be multiplied by the number of oil well pump motors connected to said meter.

(Ord. 1425; Ord. 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789; Ord. 1815; Ord. 1861; Code 2017)

This schedule is available at points on the City’s existing system located inside the corporate limits of the City of Russell, to any customer supplied through one meter who is engaged in industrial manufacturing.

(a)   Service under this schedule will be alternating current, 60 cycle, single or three phase, at the voltage as the City may have available for the service required.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50

(2)   First 240 KWH – 11.8504¢ per KWH

(3)   Over 240 KWH – 10.7448¢ per KWH

A minimum charge of not less than 50¢ per KVA of connected load will be made in lieu of the Energy Charge when the customer’s Energy charge is less than this minimum charge.

(Ord. 1425; 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789; Ord. 1815; Ord. 1861; Code 2017)

This schedule is available at points on the City’s existing system located outside the corporate limits but within three miles of the City, to any customer supplied through one meter who is engaged in industrial manufacturing.

(a)   Service under this schedule will be alternating current, 60 cycle, single or three phase, at the voltage as the City may have available for the service required.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50

(2)   First 240 KWH – 13.3504¢ per KWH

(3)   Over 240 KWH – 12.2448¢ per KWH

A minimum charge of not less than 50¢ per KVA of connected load will be made in lieu of the Energy Charge when the customer’s Energy charge is less than this minimum charge.

(Ord. 1425; 1489; Ord. 1502; Ord. 1545; Ord. 1749; Ord. 1789; Ord. 1815; Ord. 1861; Code 2017)

This schedule applies to the service only to property located more than three miles outside the boundaries of the City.

(a)   Service under this schedule will be single phase, 120 volt, two wire or 120-240 volt, three wire.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50, and

(2)   First 1450 KWH – 10.7009¢ per KWH

(3)   Over 1450 KWH – 10.4948¢ per KWH

(Ord. 1437, Sec. 2; Ord. 1788, Sec. 1; Ord. 1862; Code 2017)

This schedule is applicable to any customer using electric service for lighting, heating and small power for any business enterprise, institution or public purpose located more than three miles outside the corporate limits of the City.

(a)   Service under this schedule shall be single phase, 120-240 volt, for all purposes, including lighting and power.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50, and

(2)   First 240 KWH – 11.8504¢ per KWH

(3)   Over 240 KWH – 10.7448¢ per KWH

A minimum charge of not less than $1.00 per horsepower per month for the first 5 horsepower, and 50¢ per month in excess of 5 horsepower or fraction thereof, will be made in lieu of the Energy Charge when the customer’s Energy Charge is less than this minimum charge.

(Ord. 1437, Sec. 2; Ord. 1788, Sec. 1; Ord. 1862; Code 2017)

This schedule is applicable to separately metered oil well pump motors located more than three miles outside the corporate limits of the City, using standard electric service for the purpose of pumping oil or gas wells, and all loads exceeding 50 horsepower or KVA.

(a)   Service under this schedule shall be three phase, 240-480 volt for all purpose, including lighting and power.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge - $5.50, and

(2)   Energy Charge – 10.1938¢ per KWH

A minimum charge of not less than $1.00 per horsepower per month for the first 5 horsepower, and 50¢ per month in excess of 5 horsepower or fraction thereof, will be made in lieu of the Energy Charge when the customer’s Energy Charge is less than this minimum charge.

(c)   In the event, for economic or other viable reasons, that more than one oil well pump motor should be served by one meter, the rate blocks shall be multiplied by the number of oil well pump motors connected to the meter.

(Ord. 1437, Sec. 2; Ord. 1788, Sec. 1; Ord. 1862; Code 2017)

The energy cost adjustment surcharge under this section is applicable to all users to whom bills are rendered and from whom money normally is collected for electrical energy delivered. The fuel and energy cost adjustment (ECA) shall be computed in accordance with the formula shown below.

where:

ECA =    Power Cost Adjustment rate, expressed in dollars per kWh- sold rounded to the nearest five decimal places.

P = City’s power supply related costs consisting of the City’s total fuel cost less the fuel cost recovered from off-system sales, plus delivered electricity costs (excluding off-system sales from the City’s generation), expressed in dollars.

S = Sales (kWh) to rate classes which the ECA is applicable for the time period for which the power supply related cost (P) is computed.

R = Reconciliation of the cumulative over or under recovery of power supply related costs “P” from preceding time periods computed as the difference between ECA revenues collected and the power supply related cost incurred, commencing with an effective date of January 1, 2013, expressed in dollars.

B = Base power supply cost of $0.073255 per kWh.

The City’s Electric Utility Director and Finance Director shall review the ECA calculation monthly with actual data and shall calculate ECA projections for the periods beginning April and October. Following such ECA review and projection, the Electric Utility Director shall make a recommendation to the City Manager. The City Manager shall direct the ECA to be applied, as deemed necessary to accomplish recovery of the City’s power supply related cost in a timely manner. The Electric Utility Director and the Finance Director shall recalculate and the City Manager shall direct application of the ECA at intervals more frequent than six months if actual power supply related costs vary.

(Ord. 1437; Ord. 1836; Ord. 1865; Code 2017)

All billings shall be “service units” for both residential and commercial service located either inside or outside the corporate limits of the city. “Service units” shall constitute each separate and individual commercial establishment or residential living quarters, whether confined to the same building or separate buildings where such service is metered through one meter.

(Ord. 1380, Sec. 2)

This schedule is available at points on the City’s 34.5 kV system to any customer supplied through one meter who is engaged in industrial manufacturing.

(a)   Service under this schedule will be alternating current, 60 cycle, three phase, at 34.5 kV voltage as the City may have available for the service required.

(b)   Rates (Per Monthly Billing Cycle):

(1)   Customer Charge -$500.00

(2)   Energy Charge - 5.36¢ per KWH

(3)   Demand Charge - 14.25$ per KW

A minimum charge of not less than the customer charge plus 50¢ per KVA of connected load will be made in lieu of the Energy Charge when the customer’s Energy charge is less than this minimum charge.

The demand charge is based on the maximum 15-minute period of the customer’s greatest use during the monthly billing period measured to the nearest KW.

(Ord. 1557, Sec. 2; Ord. 1749, Sec. 1; Ord. 1863; Code 2017)

(a)   Scope. The Municipal Electric System of the City of Russell, Kansas shall recover through application of the URES Rider all expenditures for operating, capital improvements, investments and related debt service principal and interest payments that are paid or payable to parties other than Municipal Electric System employees which are associated with Municipal Electric System’s compliance with regulatory and environmental regulations and/or mandates that are not included or recovered in base electric rate charges or in the Fuel and Energy Cost Adjustment (ECA Rider} charges (Regulatory and Environmental Costs}. Regulatory and Environmental Costs shall include Municipal Electric System debt service payments (including principal and interest payments associated with the deferral of Regulatory and Environmental Costs. Regulatory and Environmental Costs will be credited to reflect proceeds received from insurance carriers or other entities for amounts that represent reimbursement of costs associated with regulatory and/or environmental compliance projects. Regulatory and Environmental Costs shall not include the salaries of Municipal Electric System employees, or any benefits related thereto. The URES Rider will be applied monthly as a percentage charge to the total monthly billings to all electric customers who are charged the ECA Rider so as to recover anticipated Regulatory and Environmental Costs during the period such expenditures are projected to be incurred by the Municipal Electric System (Recovery Period}. The total amount of any over or under recovery of Regulatory and Environmental Costs for preceding collection periods will be included as a Regulatory and Environmental Reconciliation Adjustment and thereby reflected in the URES Rider for the Recovery Period.

(b)   Calculation. The formula for calculating the URES Rider, expressed as a percentage is:

Where:

REC=     Regulatory and Environmental Costs to be recovered from electric customers who are charged the ECA Rider during the Recovery Period.

RERA =  Regulatory and Environmental Reconciliation Adjustment is a dollar adjustment that reflects the difference between actual Regulatory and Environmental Costs incurred during preceding collection periods and the actual revenues collected by the URES Rider during the same collection period.

R =  Revenue from all base rate and Fuel and Energy Cost Adjustment (ECA Rider) charges billed to electric customers during the Recovery Period.

(c)   Application. The Utility shall annually review the URES Rider calculation and make projections for the Recovery Period. The Utility shall, when it deems necessary, make adjustments to URES Rider applied to customers for such period as it deems necessary to accomplish the purpose of this Rider in a timely manner.

(Ord. 1864; Code 2017)

(a)   High Voltage Partial Requirements Service.

(1)   AVAILABILITY: This service applies to Customers who obtain part of their usual or regular electric power requirements from self-generation, and who require Partial Requirements and Back-up or Maintenance Power. Service under this schedule will be delivered to the Customer from the City’s interconnected 34.5 kV transmission system, where the City determines there are facilities of adequate capacity available. If an extension of existing 34.5 kV lines and additional equipment will be required, the Customer will be responsible for such line extension costs, easements and additional equipment costs. Customers receiving service under this schedule will be required to enter into a High Voltage Partial Requirements Electric Service Agreement and a Transmission System Generator Interconnection Agreement with the City.

(2)   APPLICATION: This schedule is for alternating current, three-phase electric service supplied at approximately 34,500 volts and for Partial Requirements Power of 1 megawatt or greater, and Back-up and Maintenance Power of 5 megawatts or less through one point of delivery for all electric service provided by the City under this schedule to the Customer’s premises. The Customer shall adhere to all electric service and billing requirements including the installation of approved metering equipment as per the City’s requirements.

(3)   MONTHLY BILL: The monthly shall consist of:

(A)  Customer Service Charge: $700.00 per month.

(B)  Demand Charges of:

(i)    Partial Requirements Rate: $22.11 per kW for all kW of Demand up to Customer’s Partial Requirements Contract Demand;

(ii)   Back-Up Facilities Rate: $7.81 per kW for all kW of Customer’s Back-up Contract Demand;

(iii)  Daily Back-Up Power Rate: $0.51 per kW Day for the sum of all daily kW of Demand in excess of Customer’s Partial Requirement Contract Demand, but not to exceed Customer’s Back-up Contract Demand;

(iv)  Daily Maintenance Service Charge: One half of the Daily Back-up Power Rate for the sum of all daily kW of Back-up Demand during Scheduled Maintenance;

(v)   Excess Power Charge: $44.21 per kW for all kW of Demand in excess of the sum of Customer’s Partial Requirements Contract Demand and Back-up Contract Demand;

(vi)  Energy Charges for Partial Requirements And Back-Up Energy Rate: $0.03297per kWh for all kWh.

(4)   MINIMUM BILLING: The monthly Customer Service Charge, plus Demand and Energy Charges.

(5)   DEMAND: The kilowatt demand is based on the maximum 15-minute period of Customer’s greatest use during the month measured to the nearest kW. In the event the Customer reduces or ceases operation or receipt of service for periods of one month or longer, the Customer’s Demand will be at least 65% of the maximum demand as measured during the previous twelve months through the balance of the Contract Term.

(6)   ENERGY: The Customer will be billed for electric energy in kilowatt-hours delivered by the City to the Customer during the billing period, as shown by or computed from the readings of the City’s energy meters.

(7)   MAINTENANCE POWER: Maintenance Power is electric power and energy made available by the City to Customer during scheduled Customer-Owned Generation maintenance periods to replace Back-Up Power. Maintenance Power shall not exceed the Back-Up Contract Demand. Customer shall, six (6) months prior to Customer’s initial receipt of service under this Schedule, submit to the City, in writing, Customer’s proposed maintenance schedule for each month of an eighteen (18) month period beginning with the date of Customer’s initial receipt of service under this Schedule. Customer shall, prior to September 1 of each subsequent year, submit to the City, in writing, Customer’s proposed maintenance schedule for each month of an eighteen (18) month period beginning with January 1 of the following year. Said proposed schedules will not be deemed accepted by the City until Customer receives written acceptance from the City. The City will endeavor to provide said written notification of acceptance, or modification of Customer’s proposed schedule, within 60 days of receipt of Customer’s proposed maintenance schedule. Maintenance shall be scheduled for a maximum of 30 days per year. These 30 days may be taken in either one continuous period, or two continuous 15 day periods. Should circumstances warrant, the City may cancel a scheduled maintenance outage with seven (7) days’ notice prior to the beginning of a scheduled maintenance outage of Customer’s generation facility.

(8)   POWER FACTOR: This rate will be based on the Customer maintaining at all times a power factor between 95% lagging and 95% leading as determined by measurement. If the Power Factor at the time of the monthly peak demand is found to be less than 95% lagging or leading, the monthly kilowatt demand, as recorded by the City’s meter, will be increased by 1 % for every 1 % that the Power Factor is less than 95%.

(9)   METERING REQUIREMENTS: Metering for this type of service will require an electronic meter capable of measuring 15-minute demand intervals, hourly and 15-minute bi-directional energy usage, monthly totals, and previous months totals for several quantities, including but not limited to, kilowatts, kilovars, kilo-voltamperes and kilowatt-hours of power supplied by the City and the Customer’s self-generation facilities. The exact type of meter will be determined by the City. All costs for the installation of metering equipment will be the responsibility of the Customer. All meters for service under this schedule will require remote telephone line or other City approved telecommunications paid for by the Customer. Customer shall provide dedicated telecommunications access without charge to the City.

(10) CONTRACT TERM: Service under this Schedule is pursuant to a contract with the Customer that specifies various terms and conditions including the Customer’s Partial Requirements Contract Demand and Back-up Contract Demand. Seasonal service is not available under this schedule.

(11) FORCE MAJEURE: Neither the City nor Customer shall be subject to any liability or damages due to the inability of the City to serve the Customer’s load due to lack of available power and energy or other conditions beyond the City’s control. In the event of natural disasters or acts of God such as earthquakes, floods, or severe storms, neither party shall be liable for damages due to lack of ability for operations which affect the other party economically. Should any of the foregoing occur, the minimum billing demands that would otherwise be applicable under this Schedule shall be waived and Customer will have no liability for service charges until such time as Customer is reasonably able to resume service.

(12) CONNECTION FEE: Each time a Customer, eligible to receive electric service under this schedule, begins to receive electric service at a point of delivery not previously used, or at a point of delivery which has been used previously by another Customer, or each time a Customer changes the point of delivery or reconnects after voluntary disconnection to the same point of delivery, that Customer shall be responsible for all costs of the City moving and purchasing the necessary equipment and fixtures required to make such connection.

(Ord. 1866; Code 2017)

(a)   There is hereby adopted the Net Metering Policy and Procedures for Customer-Owned Renewable Energy Resources which was prepared by a Kansas Municipal Utilities Committee and is incorporated herein by reference.

(b)   Net Metering Customer Generators must meet all the applicable requirements of the City’s Interconnection Standards for Parallel Installation and Operation of Customer-Owned Electric Generating Facilities in addition to the requirements of the Net Metering Policy and Procedures for Customer-Owned Renewable Energy Resources.

(Ord. 1819; Code 2017)