Service Rules & Policies
- Definition of Terms
- Members Responsibility
- Mutual Facilities
- Service Interruption
- Right of Way
- Line Extensions
- Street Lighting
- General Provisions
Complete copies of the Service Rules and Policies can be obtained at the Company office.
These Service Rules and Policies apply to each and every member or applicant for membership and electric service. They are part of every contract for service made by the Mutual unless modified by special terms written therein, and govern all classes of service. Copies of these Service Rules and Policies are on file in the Mutual’s office and are open to inspection by members and applicants for membership and electric service.
The term Mutual shall be understood to mean Elmhurst Mutual Power and Light Company. Actions taken by the Mutual will be by the Board of Directors individually or through persons to whom authority is delegated.
A member is a person or entity granted membership after compliance with the By-Laws and provisions of the service rules and policies pertaining to membership. With regard to line extension and construction, a builder, developer, or other similar entity shall comply with the provisions of these service rules and policies applicable to a member.
Energy refers to electrical energy acquired by the Mutual and supplied by it to members.
D. Electrical Service
This term includes all equipment and structures through which electrical energy is transported and delivered.
A person or entity to whom electrical energy is delivered by the Mutual when authorized by a member to do so. The member shall remain responsible for all charges and compliance with these Service Rules and Policies when delivery is directed to be made to any such consumer.
A. Place of Application
Application shall be made at the office of the Mutual.
B. Service Contract
Each applicant for service will be required to sign an application for membership and agree to abide by the Articles of Incorporation, By-Laws, and Service Rules and Policies as well as directives of the Mutual, issued from time to time in the orderly management of the Company.
The membership of the Mutual shall be confined to those who own real property in or within serving distances of the Elmhurst Mutual Power and Light Company territory. In the event that the owner has sold on a real estate contract, the contract purchaser shall be deemed owner of the real property for the purpose of holding membership in the Mutual.
2. Membership Fee
A membership fee of Thirty-Five dollars ($35.00) shall be collected for each application for membership; upon approval of the application by the Board, a membership will be issued.
3. Transfer of Membership
Membership in the Mutual may be transferred and assigned only upon approval of the Board, first obtained. Upon such approval, and payment of a transfer fee of five dollars ($5.00), the applicant shall become a member.
4. New Account Fee
For all transfers of membership or where there is a transfer of consumer, a new account fee of $15.00 shall be charged for reading the meter and setting up new accounts.
5. Rejection of Application
The Mutual reserves the right to reject any application for energy which shall not be available under its rate schedules, which involves excessive costs to the Mutual, which effects the supply of energy to existing members, by reason of energy shortage or for any other good and sufficient cause as determined by the Mutual.
As soon as energy is available, each member shall purchase from the Mutual all energy used on premises supplied in the application for membership or transfer. The member shall pay for such energy at the rates which shall from time to time be prescribed by the Mutual.
B. Electrical Service
1. Meter Readings
(a) Meters will be read monthly or at such other times as the Mutual may direct.
(b) Special meter readings will be made upon the receipt of an application by a new member made in connection with a transfer of membership, which has been approved by the Board as set forth above, or where there has been a transfer of consumers.
(c) Any person commencing the use of energy prior to completion of steps set forth above shall be responsible for all amounts of energy supplied to the premises from the previous meter reading.
2. Notice of Intention to Vacate Premises
Members and/or consumers shall give notice of intention to vacate premises and shall be held liable for energy and other charges due until a final meter reading acceptable to the Mutual Is obtained.
3. Disconnecting Electrical Service
Electrical service may be disconnected during a period of vacancy or for any other reason upon written request received by the Mutual, or oral notice given at the Mutual’s office, by members, or consumers authorized to give such notice by a member. Notice of disconnecting electrical service shall be received by the Mutual at least five (5) days before the effective date of disconnect. The Mutual reserves the right to refuse to disconnect in the event it deems that such action may make the Mutual liable in damages to the consumer being disconnected.
In the event of reconnecting service at the request of a member and/or consumer who has previously requested a disconnect, a charge in the amount of $16.00 shall be made for disconnecting. An additional charge in the amount of $16.00 shall be made for reconnecting service in the event that such reconnect shall have been requested within a period of two (2) months or less from date of disconnect. A charge in the amount of $120.00 shall be made where reconnection is requested requiring overtime.
C. Wiring Requirements
The Mutual will require that for all new service connections or where service is reconnected after changes in wiring have been made, a proper inspection tag shall be furnished prior to connection in accordance with the Electrical Inspector, Department of Labor and Industries, State of Washington.
D. Member’s Liability
The Mutual’s responsibility extends only to the supplying of service at the point of delivery. The member assumes full responsibility for the service upon the premises at, and from the point of delivery thereof, and for the wires, apparatus, devices and appurtenances thereon, used in connection with the service. However, should it come to the attention of the Mutual that energy is being delivered to hazardous or inadequate facilities, the Mutual shall give notice and require correction of the condition. In the event of failure to do so, delivery of energy to such premises may be terminated by the Mutual until requirements have been met.
2. Save Harmless
The member shall indemnify, save harmless and defend the Mutual against all claims, demands, cost or expense including the costs, attorney fees and other expenses incurred in the defense of any claim arising from loss, damage or injury to persons or property in any manner directly or indirectly arising from, connected with, or growing out of the transmission or use of energy by the member at or on the member’s side of the point of delivery.
3. Change in Power Usage
The members shall notify the Mutual in writing of any change in the power use of the member resulting from conversion of heating device, additions, alterations or from any other cause. Upon failure to do so, the member shall become liable to the Mutual for any damage resulting from such increase in power usage.
E. Protection of Mutual Property
The member, and/or consumer, shall protect the equipment of the Mutual on premises of the member, and shall not suffer or permit interference with, alteration of, removal or other damage to equipment of the Mutual including, but not limited to meters excepting for actions authorized or directed by the Mutual. The member shall be responsible for any loss or damage sustained by the Mutual by reason of the failure of the member and/or consumer to comply with these provisions.
The Mutual shall have the exclusive right within the area served by the Mutual to re-sell energy. No member, consumer or other person shall suffer or permit the resale of any electrical energy supplied by the Mutual.
All metering shall be located on the outside of all buildings in a location acceptable to the company. Where yards are enclosed, gates shall be provided for access at all times. It shall be the member’s and/or consumer’s responsibility to provide safe and efficient access by employees of Elmhurst for reading of all meters which shall be kept free of foliage and other obstructions. Failure or refusal to cooperate with the company on any of the provisions of this policy may result in the denial or discontinuance of service. The meter reader shall report any irregularities noted in the metering to management. The charge for meter tampering shall be $150.00 for the first occurrence, $300.00 for the second and $500.00 for every occurrence after that. The costs of power used, which the mutual will estimate based on past usage will be triple the normal charge.
B. Payment Due Date
Meters will be read in the manner set forth in these Service Rules and Policies and billings based upon energy found to have been used will be submitted. Bills are due and payable upon receipt and are the responsibility of the member whether energy is used by the member personally or by some other consumer. If not paid by the following billing period, the Mutual shall take such actions as necessary to insure full payment of the amount in arrears, and the current billing. The Mutual, at its option, may terminate delivery of electrical energy until full payment has been made.
Payments made by check shall not be considered as payment if not honored by the Bank upon which drawn. The Mutual may require payment from any member and/or consumer to be made in cash during a probationary period in the event that two (2) or more checks received from such person have not been honored at the Bank where drawn. A charge of $30.00 will be made for all checks returned and not paid by Bank.
The Mutual will relocate or change routing of its lines and facilities providing that the member requesting such relocation or changes shall pay the final costs of such work. Account shall be taken by the Mutual of the advantages and improved facilities to be gained by the Mutual and charges prorated accordingly.
B. Poles and Equipment
No attachments, obstructions or appurtenances of any kind shall be affixed to poles or installations of the Mutual without consent of the Mutual. Adequate working space must be provided at all times around such poles and installations.
The Mutual shall not be responsible for interruptions in supply of energy or change in voltage resulting from circumstances beyond its control. The Mutual shall also have the right to make temporary interruptions in the supply of energy for the purpose of making repairs, improvements, or changes in its system. When possible, the Mutual will endeavor to notify members affected by interruptions in service of the anticipated time and duration.
A. Obtaining Easements
All members served by the Mutual applying for electrical service shall obtain, at no cost to the Mutual, such easements for right of way over private property as shall be found to be necessary by the Mutual for facilities to be installed. Such easements shall be in the form prescribed by and shall bear the signatures of all persons required by the Mutual.
With respect to all line extensions, the Mutual reserves the right to make a determination as to whether such extensions shall be through overhead or underground line construction.
B. Overhead Line Extensions
Where a determination has been made that line extensions shall be by overhead construction, the member shall pay to the Mutual the actual cost of any line extensions required to provide service to the member.
C. Underground Line Extensions
1. General Policy
It is the policy of the Mutual to encourage installation of underground distribution systems and stimulate the most practical use of energy for new developments.
2. Single Family Residential Plats or Subdivisions
Upon request by a member, or upon determination by the Mutual, the Mutual will provide a complete underground electrical distribution system to serve such facility. The member shall pay to the Mutual the actual cost of such construction.
3. Additional Requirements
The member shall provide to the Mutual copies of all plats or subdivisions and any additional information which may be needed by the Mutual.
4. Other Developments
Requests for underground service to apartments, mobile home parks, multiple unit dwellings, commercial and industrial buildings shall be subject to the following conditions:
The Mutual will determine the feasibility of such installation based on building plans, specifications, plot plans and such other information as may be required by the Mutual.
When secondary underground service is to be provided and the Mutual has determined that this is the proper method of service, the member or developer shall design and install the underground system according to the Mutual’s specifications. The member shall be responsible for all trenching and any required conduit to a point ten (10) feet above the ground.
If primary underground installation is determined by the Mutual to be the proper method of service, the Mutual will make the primary installation from the pothead on the Mutual’s pole to the transformer’s secondary termination. The member shall be responsible for all trenching and any required conduit to a point ten (10) feet above the ground.
The member shall pay the Mutual in advance, the actual cost of any such construction required to provide necessary service to the member.
6. Underground Service in an Overhead Area
Upon receipt of a request for underground service in an area served by overhead installation, or for conversion to underground from overhead service, a determination will be made by the Mutual of the feasibility of such installation. If approved, the member shall pay to the Mutual the actual cost of such construction and/or conversion to provide service to the member.
Prior to commencement of any work in design or construction for any line extension, whether overhead or underground, a contract in the form prescribed by the Mutual shall be executed.
Recognizing that all consumers on the Elmhurst system enjoy the advantages of street lights within the service territory of Elmhurst, it is therefore the policy of Elmhurst Mutual Power and Light to assess a monthly street lighting charge to all consumers on the Elmhurst system. Specific street light charges will be waved and a system wide assessment will be established. The expense of installation of any new street lighting will be the responsibility of the party requesting the new facilities. The facilities will then be owned and maintained by Elmhurst Mutual Power & Light, the expense of which is covered by the street light assessment. The monthly assessment can be changed from time to time as is economically necessary. Top
Feasibility and methods for the delivery of energy to members shall be determined by the Mutual in all cases.
All contracts, agreements, or other legal instruments required by the Mutual shall be in forms prescribed by and signed by all parties required by the Mutual.
C. Rates and Charges
The Mutual, as authorized by its By-Laws, shall from time to time prescribe rates to be charged for electrical current, and charges to be made for service performed by the Mutual. The Mutual may also make changes in existing rates and charges.
In the event that any member or consumer shall be in violation of any of the provisions of these Service Rules and Policies including, but not limited to, non-payment of charges for energy supplied or other services rendered, the Mutual reserves the right to terminate delivery of energy. Prior to resumption of supply of energy, the violation must be corrected and payment of all sums owing the Mutual must be made together with such charges as the Mutual may have in effect representing at least a portion of the expenses incurred in the disconnection and re-energizing of the service to such member or consumer.
E. Legal Fees and Court Costs
In the event that it shall be necessary to take legal action for the enforcement of any provision of these Service Rules and Policies the prevailing party shall recover from the defaulting party, court costs if any, and a reasonable attorney fee, whether or not suit shall have been commenced.
F. By-Laws Controlling
In the event of any conflict between the provisions of these Service Rules and Policies and the By-Laws of the Mutual, the By-laws shall be controlling.
G. Other Charges
All charges made to the account of a member whether for energy used, street lighting or for other services rendered by the Mutual shall be payable in the same manner as charges for energy delivered to the member. The Mutual shall have the same remedies for non-payment of any such charges as are presently or hereinafter may be in effect for failure to pay for energy used.
The Mutual reserves the right to amend, at any time, without notice, these Service Rules and Policies.