General Service Policies and Conditions
GENERAL SERVICE POLICIES AND CONDITIONS
The term “Cooperative” as used herein shall mean POINTE COUPEE ELECTRIC MEMBERSHIP CORPORATION, its successors or assigns; the term “Customer: shall mean each present or prospective user of electric services supplied by the Cooperative.
All electric service furnished by the Cooperative shall be subject to the provisions of these General Service Policies and Conditions and to the provisions of the Cooperatives electric service rate schedules.
II. APPLICATION FOR MEMBERSHIP AND SERVICE
A written application (or contract) for service may be required, at the Cooperative’s option, from any Customer and a separate application (or contract) may be required for each point of delivery of services. A Customer shall become a member by applying for or receiving electric service from the Cooperative. Each member shall pay the membership fee of $5.00 and be bound by the provisions of the Articles of Incorporation and By-Laws of the Cooperative and by such Rules and Regulations as may from time to time be adopted by the Cooperative.
III. POINT OF DELIVERY OF SERVICE
Unless otherwise agreed upon, point of delivery of electric service shall be considered that point at which the lines of the Cooperative are connected to Customer’s service entrance or, in the absence of a service entrance, to the Customer’s main disconnect switch or bus, and shall be located on the Customer’s building or other structure nearest the Cooperative’s existing lines. Service will be extended by aerial wire over the shortest and most direct route, except that in underground subdivisions all services will be underground. Any Customer desiring a routing other than the most direct, shall reimburse the Cooperative for the extra cost incurred. The amount of such cost shall be determined by the Cooperative.
IV. USE OF SERVICE
(a) All facilities, except as provided herein, including lines, wiring, apparatus and appliances, beyond the point of delivery shall be furnished, installed, owned and maintained by the Customer. Such facilities shall be installed and maintained in a safe and efficient manner and in accordance with good practice and all lawful regulations. The Cooperative, however, does not assume the responsibility of inspecting the Customer’s facilities.
(b) Motors having a rated capacity in excess of ten horsepower (10 H.P) must be three-phase.
(c) It shall be the responsibility of the Customer to provide adequate over current protection in each phase on all motor installations.
(d) It shall be the responsibility of the Customer to provide adequate protection against single-phase conditions for all three-phase services. It shall be the responsibility of the Customer to provide adequate protection against single-phase conditions for all three-phase utilization equipment.
(e) For all individual motor installations in excess of 250 H.P., the Customer shall provide reduced voltage starters that will limit the starting and/or accelerating current to a value acceptable to the Cooperative.
(f) The Customer shall be solely responsible for the use and disposition of electricity on the Customer’s side of the point of delivery. The Customer shall protect and save the Cooperative harmless and indemnified from injury or damage to persons or property occasioned by the presence, absence, use and disposition of such electricity on the Customer’s side of the point of delivery, except where said injury or damage shall be shown to have been caused by the sole negligence of the Cooperative. The Cooperative shall not be responsible for injury to the Customer or the Customer’s employees in tampering with or attempting to repair or maintain any of the Cooperative’s facilities on the Cooperative’s side of the point of delivery.
(g) All meters shall be furnished, owned, installed, maintained or removed by the Cooperative. Current and/or potential transformers, when required, will be furnished, owned and maintained by the Cooperative, but the initial installation cost will be at the Customer’s expense.
(h) Customer shall furnish a suitable space, acceptable to the Cooperative, for installation of meters and other equipment necessary to deliver and measure the electricity supplied by the Cooperative. Customer shall not injure or tamper with said meter, or other equipment, and shall take all reasonable precautions to prevent others from injuring or tampering with any of the Cooperative’s equipment located on Customer’s premises
(i) All service furnished is for the exclusive use of the Customer and shall not be resold or shared with others without the written consent of the Cooperative.
V. RIGHT OF ACCESS TO CUSTOMER’S PREMISES
The Cooperative shall have access to the Customer’s premises at all times, free of all tolls or other charges, for the purpose of:
(a) installing, reading, testing, repairing or removing its meter(s) or metering equipment;
(b) installing, operating, maintaining and/or removing any of its other electric distribution facilities; and for all other purposes necessary to enable the Cooperative to render proper service to the Customer and to its other Customers.
VI. RIGHTS-OF-WAY, PERMITS, AND FRANCHISES
The Cooperative’s obligation to furnish service shall be contingent upon its ability to secure and retain all necessary franchises, rights-of-way, permits, etc., at costs which the Cooperative considers reasonable. Customer shall furnish to the Cooperative, free of all costs, all necessary rights-of-way over land owned or controlled by the Customer, and other intervening private property when requested to do so by the Cooperative
VII. DAMAGES TO COOPERATIVE’S FACILITIES
Charges shall be made to all individuals, corporations, or other parties causing damage to the Cooperative’s distribution or transmission facilities. Such charges shall cover the cost of all material, labor and overhead associated with repairing the damage.
VIII. RELOCATION OF COOPERATIVE FACILITIES
Customers or other parties requesting the relocation of any of the Cooperative’s facilities that are located on private right-of-way will be required to pay the cost of such relocation. Cost shall include material, labor, overhead and any other associated expenses.
IX. TEMPORARY SERVICE
Temporary service is defined as one, the need for which will exist for a limited period of time, such as, for example, the duration of a particular construction job or other event. Applicants requesting temporary service to any premises will be required to pay in advance the total estimated cost of installation and removal of all service facilities, less estimated salvage value. Cost shall include material, labor, overhead and all other components of electric plant costs as listed in the RUS uniform system of accounts and related instructions. An advance deposit equal to the full amount of the estimated bill for service may, at the Cooperative’s option, be required.
X. HOUSE AND OTHER CONSTRUCTION CONTRACTORS
House and other construction contractors will be required to furnish and install their own temporary meter loop(s) and switch(es) for use during the construction period.
XI. LINE AND SERVICE EXTENSION POLICIES AND PROVISIONS
Applications for electric service will be classified into one of the following defined classifications and service will be extended accordingly.
A. SINGLE-PHASE SERVICE
Single-phase electric service will be extended to permanent residences, except as noted in Paragraph XI.A.5, up to one-thousand (1,000) feet at regularly established rates and minimum charges, upon request and payment of the membership fee. For extensions beyond 1,000 feet, the Cooperative will require one of the following:
(a) A non-refundable contribution of aid in construction equal to the total cost of construction, including cost of removal less any salvage value, of all facilities in excess of 1,000 feet; or
(b) A monthly facilities charge, in addition to the regularly established minimum in the applicable rate schedule, equal to 1.658% of the total cost of construction, including cost of removal less any salvage value, of all facilities in excess of 1,000 feet.
This facilities charge shall be paid monthly for a period of six (6) years. IN the event other customers shall subsequently locate on an extension covered hereunder, it shall be the discretion of the Cooperative to determine the amount, if any, by which the cost of any such extension will be shared.
A permanent residence shall be defined as any single-family dwelling unit occupied on a permanent year-round basis, excepting mobile homes located outside of mobile home parks or subdivisions. This policy does not apply to temporary types of services (as defined in Paragraph IX), or to services to moveable types of premises (such as campers or houseboats), or to services for water pumps, barns, camps, seasonal residences or similar types of installation.
For service to premises not located within 1,000 feet of existing lines, the Cooperative may require the applicant to sign a contract for such service and/or to pay a minimum monthly (or annual) charge greater than the regularly established minimum provided for under the applicable rate schedule.
2. PERMANENT NON-RESIDENTIAL ESTABLISHMENTS
Single-phase electric service will be extended to permanent non-residential establishments having a load of 50 kilowatts or less pursuant to Paragraph XI.A.1 Extension of service to loads in excess of 50 kilowatts will be considered on an individual basis.
3. MOBILE HOMES
(a) Single-phase electric service will be extended to permanent mobile homes located outside mobile home parks, subdivisions or developments in accordance with Paragraph XI.A.1, except as noted in Paragraph XI.A.5. A mobile home will be classified as permanent if:
(1) The applicant provides evidence of ownership of the property on which the mobile home is located;
(2) The consumer provides evidence of ownership of the mobile home; an
(3) The mobile home is situated on a permanent foundation and has installed a permanent pressure water supply and sanitary waste disposal system for the mobile home prior to the extension of service.
(b) Mobile homes not meeting the above criteria will be considered nonpermanent or temporary. An initial (or 1st time) service, not in excess of 200 feet, will be extended to any such non-permanent mobile home at regularly established rates and minimum charges, except as noted in Paragraph XI.A.5 of these General Service Policies. For an initial extension in excess of 200 feet, the applicant will be required to make a non-refundable contribution in aid of construction equal to the total cost of construction, including removal cost less estimated salvage value, of those facilities in excess of 200 feet.
Any non-permanent mobile home customer who relocates his mobile home (whether the same one or a replacement one) and thereby requires a new service to be run (a prior service having been provided at his former location) will be required to pay a non-refundable cash contribution equal to the cost of such new service, including removal cost less estimated salvage value, but in no case shall such contribution be less than $60.00 ($100.00 if a transformer has to be installed). Any such contribution charge shall be made in addition to any deposit or service charge made or required under any of the provisions of our Billing and Collecting Policies. The term “Cost” shall exclude the bare cost of any transformer involved.
The provisions of the above-written paragraph will be applied to a non-permanent mobile home customer who moves off the Cooperative’s lines, but returns in less than two (2) years and requires a new service to be run.
4. PUMPS, BARNS, CAMPS, SEASONAL RESIDENCES AND SIMILAR INSTALLATIONS
Single-phase electric service will be extended to these premises at regularly established rates and minimum charges for extensions not to exceed 200 feet, except as noted in Paragraph XI.A.5.
For extensions in excess of 200 feet, the Cooperative, at its option, will require one of the following:
(a) A non-refundable contribution in aid of construction equal to the total cost of construction, including cost of removal less any salvage value, of all facilities in excess of 200 feet; or
(b) A monthly facilities charge, in addition to the regularly established minimum in the applicable rate schedule equal to 1.934% of the total cost of construction, including cost of removal less any salvage value, of all facilities in excess of 200 feet.
These facilities charges shall be paid monthly for a period of five (5) years. In the event other customers subsequently locate on an extension covered hereunder, it shall be the discretion of the Cooperative to determine the amount, if any, by which the cost of any such extension will be shared.
5. ATCHAFALAYA BASIN LEVEE DISTRICT
Service to premises located South of Ramah, Louisiana, on land for which an easement is held by the Atchafalaya Basin Levee District or assigns for the purpose of building and maintaining the East Atchafalaya basin protection levee and which, under the provisions of such easement, said Atchafalaya Basin Levee District could at any time request or order the removal, at the Cooperative’s expense, of any facilities installed on such property, will be extended provided that:
(a) Permission can be obtained by the Cooperative from the Atchafalaya Basin Levee District or assigns and from any property owner(s) whose property would be affected by the extension;
(b) Existing facilities of the Cooperative from which service can be provided are available in the general area;
(c) A non-refundable contribution in aid of construction equal to the total estimated cost of construction and removal of required facilities to service the premises in question is paid by the applicant(s) (No ownership or other rights in the facilities constructed shall vest in the applicant(s) by reason of having made a contribution.); and
(d) The total cost of any subsequent charge, rearrangement or relocation of facilities required by direction or order of said Atchafalaya Basin Levee District or assigns will be charged to and born by the customer(s) being served by the affected facilities.
B. THREE-PHASE SERVICE
Three-phase electric service will be provided to permanent establishments at regularly established rates and minimum charges when such service can be initially supplied from the Cooperative’s then existing distribution lines of adequate capacity. Three-phase service requiring the construction of additional facilities will be extended only upon such terms and conditions as specified in a written contract executed in advance of extending such service.
C. GENERAL POLICIES AND PROVISIONS
Line and service extensions covered under the provisions of Paragraphs XI.A. and XI.B. will be subject to the following general policies and provisions:
1. The term “cost” as used in association with all facilities extensions will include cost of labor, materials, overhead, easements or permits, and right-of-way clearing, all based upon the uniform systems of accounts prescribed by the Rural Utilities Service (RUS).
2. The Cooperative, at its option, may require a written contract to be executed prior to the extension of service.
3. Yard lights, street and highway lights will generally be installed under the terms and provisions of the applicable street and yard light rate schedule.
4. All line and service extensions will generally be overhead type construction. Request for the installation of underground facilities will be considered under the provisions of Paragraph XII.
5. No power (KW) or energy (KWH) usage will be included or allowed in any facilities charge.
6. The type and capacity of service rendered hereunder will be limited to that existing and generally available in the area in which the premises are located.
7. All line extensions, service wire and connections, regardless of contributions in aid of construction made toward paying the cost thereof, are to be made by the Cooperative and remain the property of the Cooperative.
8. All property of the Cooperative placed in or upon the customer’s premises, used in supplying service to the consumer, is placed there under the consumer’s protection.
9. Where reference is made to line extensions, especially as these extensions are defined by distance, such extensions are for primary and secondary facilities only.
10. Any line and service extension not specifically defined hereunder will be considered on an individual basis.
XII. UNDERGROUND SERVICE AND FACILITIES
A developer who requests the installation of underground facilities in a subdivision or other area will be required to pay the estimated difference in cost between underground facilities and overhead or aerial facilities. In the absence of, and as an alternative to, such a payment, each customer in such a subdivision will be subject to the cooperative’s rate schedule riders designated as UR#1 and SYL#1.
B. OTHER UNDERGROUND SERVICES OR FACILITIES
(Not in Subdivisions)
Any Customer requesting the installation of underground service or facilities will be required to pay the estimated difference in cost between underground facilities and overhead facilities, or alternatively may provide and install conduit from the Cooperative’s line to the customer’s load center per Cooperative specifications.
C. OTHER PROVISIONS
1. Charges made under the provisions of Paragraphs XII.A. and XII.B. above-written will be in addition to any other applicable charges.
2. The estimated difference in cost between underground and overhead facilities for any particular job will be determined by the Cooperative. A copy of the Cooperative’s computations may be furnished to the developer or the Customer upon request.
3. In underground subdivisions, only one service per lot will be installed pursuant to Paragraph XII.A. above-written. Any additional service(s) will be installed at the expense of the Customer.
4. Footage limitation for line and service extensions contained in Paragraph XI are also applicable to underground extensions.
XIII. SERVICE INTERRUPTIONS
The Cooperative shall use due diligence in the operation and maintenance of its facilities so as to provide safe, adequate and uninterrupted service; but in case of cessation, deficiency, variation in voltage, or any other failure or reversal of the service resulting from injunction, fire, riot, strike, explosion, flood, windstorms, accident, breakdown, forces of nature, act of God or the public enemy or other acts or conditions reasonably beyond the control of the Cooperative, the Cooperative shall not be liable for damages, direct or consequential resulting from such interruption or failure.
The Cooperative shall not be liable for damages occasioned by interruption of service, when such interruptions are necessary to make repairs or changes, or improvements in the Cooperative’s equipment and facilities.
XIV. SUSPENSION OF SERVICE
(a) The Cooperative may suspend service to any customer at any time for unauthorized tampering with its facilities. In case of fraud, service will not be restored until proper and adequate restitution is made to the Cooperative.
(b) Service may also be suspended for any of the following reasons:
(1) Violation of the Cooperative’s rules and regulations;
(2) Breach of contract between the Cooperative and the Customer;
(3) Failure to provide the Cooperative reasonable access to its equipment.
(4) The existence of a condition on the Customer’s premises that would generally be considered hazardous to the Customer or the general public or that might interfere with the proper operation of the Cooperative’s facilities;
(5) Non-payment of a bill;
(6) Due to high water in flood zone areas.
No agent of the Cooperative has the power to amend, modify, alter or waive any of these General Service Policies and Conditions or to bind the Cooperative by making any promises or representations that conflict with the provisions of these General Service Policies and Conditions.
Whenever there is a conflict between the provisions of any of the requirements herein and the specific provisions of any rate schedule, the provisions of the rate schedule shall govern.