Tariff

The Cooperative may review the rate classification and assignments annually to determine if the Member is being billed on the correct rate schedule for their type of service and usage. The Cooperative may change the rate classification and assignment of a Member to properly ensure the application of each rate.

A.    Application

Applicable to Members with a peak demand of equal to or less than 50 kW for the twelve-month period ending with the current billing period taking electric service supplied at one point of delivery and measured through one meter used for residential, farming and ranching, and small commercial uses.

B.    Type of Service

Single- or three- phase service at the Cooperative’s standard secondary distribution voltages, where available. Where service of the type desired by the Member is not already available at the point of delivery, additional charges under the Cooperative’s line extension policy and special contract arrangements may be required prior to service being furnished.

C.    Monthly Rate

Each billing period the Member shall be obligated to pay the following charges:

System Access Charge    $39.32
All kWh    $0.13750

D.    Monthly Minimum Charge

The monthly minimum bill shall be the greater of the following:
1.    Each billing period the Member shall be obligated to pay the System Access Charge, whether or not any energy is actually used.
2.    $1.00 per kVa of installed transformer capacity.

E.    Billing Adjustments

This rate is subject to all billing adjustments.

F.    Agreement

An agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Rules and Regulations for electric service.
 

A.    Application

Applicable to Members with a peak demand of more than 25 kW but less than        50 kW for the twelve-month period ending with the current billing period taking electric service supplied at one point of delivery and measured through one meter.

B.    Type of Service

Single- or three- phase service at the Cooperative’s standard secondary distribution voltages, where available. Where service of the type desired by the Member is not already available at the point of delivery, additional charges under the Cooperative’s line extension policy and special contract arrangements may be required prior to service being furnished.

C.    Monthly Rate

Each billing period the Member shall be obligated to pay the following charges:

System Access Charge    $68.83
Demand Charge, per billing kW    $6.25
First 300 kWh per billing kW, per kWh    $0.11700
Over 300 kWh per billing kW, per kWh    $0.08744

D.    Billing Demand

The billing demand shall be the maximum kilowatt (kW) demand established by the consumer for any period of thirty (30) consecutive minutes during the month for which the bill is rendered, as indicated or recorded by a demand meter.

E.    Monthly Minimum Charge

The monthly minimum bill shall be the greater of the following:
1.    The System Access Charge plus the Demand Charge.
2.    $1.00 per kVa of installed transformer capacity.

F.    Billing Adjustments

This rate is subject to all billing adjustments.

G.    Agreement

An agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Rules and Regulations for electric service.
 

A.    Application

Applicable to Members with a peak demand of greater than 50 kW for the twelve-month period ending with the current billing period taking electric service supplied at one point of delivery and measured through one meter used for residential, commercial and industrial uses.

B.    Type of Service

Single- or three- phase service at the Cooperative’s standard secondary distribution voltages, where available. Where service of the type desired by the Member is not already available at the point of delivery, additional charges under the Cooperative’s line extension policy and special contract arrangements may be required prior to service being furnished.

C.    Monthly Rate

Each billing period the Member shall be obligated to pay the following charges:

System Access Charge    $114.55
Demand Charge, per billing kW    $6.25
First 300 kWh per billing kW, per kWh    $0.11700
Over 300 kWh per billing kW, per kWh    $0.08744

D.    Billing Demand

The billing demand shall be the maximum kilowatt (kW) demand established by the consumer for any period of thirty (30) consecutive minutes during the month for which the bill is rendered, as indicated or recorded by a demand meter and adjusted for power factor.

E.    Power Factor

The Member agrees to maintain unity power factor as nearly as practicable. Demand charges will be adjusted for consumers with 50 kW or more of measured demand to correct for average power factors lower than 90% and may be so adjusted for consumers if and when the Cooperative deems necessary. This power factor adjustment shall be accomplished by increasing the measured kW demand by one percent (1%) for each one percent (1%) by which the average power factor is less than 90% lagging.

F.    Primary Service

Primary metering is available to all large power Members located on or near the Cooperative’s three-phase lines for all types of usage, with demands greater than 2,500 kW, subject to the established Rules and Regulations. The service will be three-phase, 60 hertz, at standard voltages. If service is furnished at the Cooperative’s primary line voltage, the delivery point shall be the point of attachment of the Cooperative’s primary line to the Member’s structure unless otherwise specified in the service contract. All wiring, pole lines, and other electrical equipment (except metering equipment) on the load side of the delivery point shall be owned and maintained by the Member. All wires, apparatus, and equipment on the Member’s side of the service shall be maintained by qualified electrical personnel and comply with the standards of the National Electric Safety Code (NESC), current edition, and also with the regulations of any governmental authority having jurisdiction. The Member shall indemnify, hold harmless, and defend the Cooperative against all claims, demands, costs or expense, for loss damage or injury to persons or property, in any manner directly or indirectly resulting from this provision of electric service to the Member.

The monthly rate shall be reduced as follows:
1.    Demand Charge shall be reduced by 3%; and
2.    Energy Charge (kWh) shall be reduced by 3%.
The Cooperative shall have the option of metering at secondary voltages and adding the estimated transformer losses to the metered kWh and kW demand.
G.    Monthly Minimum Charge
The monthly minimum bill shall be the greater of the following:
1.    The System Access Charge plus the Demand Charge.
2.    $1.00 per kVa of installed transformer capacity (except this minimum is not applicable to primary metered service if distribution transformers are owned by the Member).

H.    Billing Adjustments

This rate is subject to all billing adjustments.

I.    Conditions of Service

Motors having a rated capacity exceeding 150 HP may require auto-starters or other starting devices of suitable type to limit starting current.

J.    Agreement

An agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Rules and Regulations for electric service.
 

A.    Application

Applicable to Members with a peak demand of 500 kW or greater for the twelve-month period ending with the current billing period with a recording meter and monitoring equipment as required by the Cooperative, and where the consumer takes electric service supplied at one point of delivery and measured through one meter used for commercial and industrial uses.

B.    Type of Service

Single- or three- phase service at the Cooperative’s standard secondary distribution voltages, where available. Where service of the type desired by the Member is not already available at the point of delivery, additional charges under the Cooperative’s line extension policy and special contract arrangements may be required prior to service being furnished.

C.    Monthly Rate

Each billing period the Member shall be obligated to pay the following charges:

Primary Service Level
System Access Charge    $229.10
NCP Demand Charge, per NCP billing kW    $10.61
kWh Charge per kWh    $0.07780
Discount on primary service kWh charge    3.0%

Secondary Service Level  
System Access Charge    $114.55    
NCP Demand Charge, per NCP billing kW    $14.08
kWh Charge per kWh    $0.07780
Discount on primary service kWh charge    0.0%

D.    Power Cost

If available from the wholesale power supplier, the Member may receive interruptible or special load service by complying with the Cooperative’s wholesale supplier’s requirements for such service including but not limited to equipment and contract term. The Member shall reimburse the Cooperative for any equipment required for such service.

E.    Non-Coincident (NCP) Billing Demand

The non-coincident (NCP) billing demand shall be the maximum kilowatt demand established by the consumer for any period of thirty (30) consecutive minutes during the month for which the bill is rendered, as measured by the Cooperative’s demand meter and adjusted for power factor.
 
F.    Power Factor

The Member agrees to maintain unity power factor as nearly as practicable. Demand charges will be adjusted for consumers with 50 kW or more of measured demand to correct for average power factors lower than 90% and may be so adjusted for consumers if and when the Cooperative deems necessary. This power factor adjustment shall be accomplished by increasing the measured kW demands (NCP and coincident demand) by one percent (1%) for each one percent (1%) by which the average power factor is less than 90% lagging.

G.    Primary Service

Primary metering is available to all large power Members located on or near the Cooperative’s three-phase lines for all types of usage, with demands greater than 2,500 kW, subject to the established Rules and Regulations. The service will be three-phase, 60 hertz, at standard voltages. If service is furnished at the Cooperative’s primary line voltage, the delivery point shall be the point of attachment of the Cooperative’s primary line to the Member’s structure unless otherwise specified in the service contract. All wiring, pole lines, and other electrical equipment (except metering equipment) on the Member side of the delivery point shall be owned and maintained by the Member. All wires, apparatus, and equipment on the Member’s side of the service shall be maintained by qualified electrical personnel and comply with the standards of the National Electric Safety Code (NESC), current edition, and also with the regulations of any governmental authority having jurisdiction. The Member shall indemnify, hold harmless, and defend the Cooperative against all claims, demands, costs or expense, for loss damage or injury to persons or property, in any manner directly or indirectly resulting from this provision of electric service to the Member under this paragraph G.

The monthly rate shall be reduced as follows:
1.    Energy Charge shall be reduced by 3%.
The Cooperative shall have the option of metering at secondary voltages and adding the estimated transformer losses to the metered kWh and kW demand.
H.    Monthly Minimum Charge
The monthly minimum bill shall be the greater of the following:
1.    The System Access Charge plus the Demand Charge.
2.    $1.00 per kVa of installed transformer capacity (except this minimum is not applicable to primary metered service if distribution transformers are owned by the Member).
 
I.    Billing Adjustments

This rate is subject to all billing adjustments.

J.    Conditions of Service

Motors having a rated capacity exceeding 150 HP may require auto-starters or other starting devices of suitable type to limit starting current.

Members shall furnish the Cooperative communications to the meter for the purpose of collecting interval data.

K.    Agreement

An agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Rules and Regulations for electric service.
 

A. Application

Applicable to all Members for permanent outdoor area lighting. Not applicable for temporary construction, or shared services.

B. Type of service

Dusk-to-dawn controlled security or streetlights mounted on the Cooperative’s wood poles with energy usage unmetered.

C. Monthly Rate

Each billing period the Member shall be obligated to pay the following charges:

New Installations: Type, Monthly Charge per Light

Security LED: $7.15/month
Highway Street Light LED: $8.83/month
Universal LED Street Light: $14.41/month

No Longer Available for New Installations: Type, Monthly Charge per Light

40-watt Security LED: $7.15/month
70-watt Security LED: $8.83/month
175-watt Mercury Vapor: $12.32/month
250-watt Mercury Vapor: $17.15/month
400-watt Mercury Vapor: $21.97/month
70-watt High Pressure Sodium, No Maintenance/Member Owned: $11.14/month
100-watt High Pressure Sodium: $12.32
250-watt High Pressure Sodium: $21.97
400-watt High Pressure Sodium: $27.82
40-watt Street LED Light: $6.94
115-watt Street LED Light: $11.30

D. Conditions of Service

1. The Cooperative will install its standard outdoor luminaries, wood pole mounted and connected so that energy usage will not be metered.
    
2. The cost of all equipment and appurtenances including additional poles installed by the Cooperative will be paid for by the Member under the construction tariff, 205.00 Construction Charges.
   
   To encourage the conversion from existing Mercury Vapor and HPS installations to energy efficient LED technology and at the Member’s request, the Cooperative will install LED lights at no upfront cost to the Member and the Member will pay the rate of a Mercury Vapor or HPS per light charge for a time period of six (6) years after conversion to an equivalent sized LED fixture in order for the Cooperative to recover the estimated installation cost of the LED fixture. At the end of the six (6) year time period, the bill will be changed to the current rate in effect for an LED fixture.
    
3. The Cooperative will maintain all equipment, including lamp replacement, at no additional expense to the Member.
    
4. All equipment and appurtenances will become the property of the Cooperative. The Member will make every reasonable effort to prevent deliberate damage to Cooperative property.
    
5. Members requesting lighting that is non-standard to the Cooperative shall be supplied a metered service and the Cooperative will not be responsible for the installation or maintenance of any equipment on the load side of such installations.
    
6. In the past the Cooperative has, in some cases allowed a town, homeowners association, or county government to attach dusk-to-dawn controlled ornamental lighting or street lighting (fixture) to non-metered facilities of the Cooperative. Said fixture and its attachment to Cooperative facilities shall meet National Electric Safety Code (NESC), current edition, standards and be approved by the Cooperative. The fixture will be the property of the Member and the Cooperative will not maintain the fixture. Any costs incurred for labor or materials by the Cooperative shall be reimbursed to the Cooperative by the Member. The Member shall indemnify and hold harmless the Cooperative of any liability occurring due to the fixture being attached to the Cooperative facility. At the time of application, the wattage of the fixture, and any losses, shall be determined and monthly energy usage will be based on twelve (12) hours per day for thirty (30) days. The energy usage will be billed at the rate for non-metered ornamental seasonal lighting and non-metered street lighting. Such non-metered ornamental seasonal lighting and non-metered street lighting supply arrangements are no longer available to new installations. 

E. Monthly Minimum Charge

The Member shall be obligated to pay the charges per light for each billing period whether or not any energy is used. 

F. Billing Adjustments

This rate is subject to all billing adjustments.

G. Agreement

An agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Rules and Regulations for electric service.

A.    Application

Applicable to Members with a level 3, 480-volt electric vehicle charger with a recording meter and monitoring equipment as required by the Cooperative, and where the consumer takes electric service supplied at one point of delivery and measured through one meter used for commercial or industrial uses.

In addition to the above requirements, to be eligible for this rate, Members must have a Load Factor of less than 10%. Load factor is defined as the Member’s average demand for the month divided by their 30-minute peak demand, or demand measured by a demand meter for the month.

B.    Type of Service

Three- phase service at the Cooperative’s standard secondary distribution voltages, where available. Where service of the type desired by the Member is not already available at the point of delivery, additional charges under the Cooperative’s line extension policy and special contract arrangements may be required prior to service being furnished.

C.    Monthly Rate

Each billing period the Member shall be obligated to pay the following charges:

System Access Charge, per meter    $1.72 per installed kW
kWh Charge per kWh    $0.07780

D.    Billing Adjustments

This rate is subject to all billing adjustments.

E.    Agreement

An agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Rules and Regulations for electric service.
 

A.    Availability

Available to members taking service at transmission level voltage with a demand requirement of 20 MW. In addition, eligibility for this rate tariff is reserved for Members with a signed agreement with Western Area Power Administration (“WAPA”) in which the member receives an allocated share of its service from WAPA (“WAPA Allocations”). The member must also enter into a confirmation agreement with Mountain Parks Electric, Inc. (the “Cooperative”) for electric service (the “Confirmation Agreement”).

B.    Monthly Rate

Each billing period the Member shall be obligated to pay the following charges:
•    All Charges as set forth in the Confirmation Agreement.

C.    Billing Adjustments

This rate is subject to all billing adjustments.

D.    Agreement

An agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Rules and Regulations for electric service.
 

A. Application

Applicable for Members served under any Mountain Parks Electric, Inc. rate.

B. Conditions of Service

1. This rate rider is voluntary and shall be used for funding renewable energy generation, electrification and energy efficiency. All monies not spent in a calendar year will be accrued for funding of the above purposes in future years.
    
2. Members electing to participate in this program will specify the amount they wish to contribute monthly in $1.00 increments.
    
3. All designated contributions will be in addition to the Member’s regular monthly bill.

C. Monthly Rate

Charge per increment - $1.00

A. Applicability

This Rate Schedule DWS is available to any company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale at wholesale and desires to transmit electricity over MPEI’s distribution system to a wholesale delivery point. MPEI will not wheel non-MPEI power to MPEI’s retail customers under this Rate Schedule DWS.

B. Nature of Distribution Wheeling Service

The power from the Wheeling Customer will be wheeled (transferred across MPEI’s distribution system) from a receipt point on MPEI’s distribution system to a delivery location exiting MPEI’s system. Distribution Wheeling Service will be provided over MPEI’s three-phase system only. Wheeling service requests will be evaluated serially on a case-by-case basis and may be limited by the availability of distribution system capacity at the time of the request. MPEI, as the incumbent utility with native load service obligations, will determine the amount of excess distribution system capacity available based on MPEI’s forecasted customer loads.

Nothing under this Rate Schedule DWS shall obligate MPEI to purchase from or sell any power to the Wheeling Customer.

Distribution Wheeling Service shall be provided for an initial term of not less than 12 months from the commencement of service. Thereafter, Distribution Wheeling Service will automatically renew for a new 12-month period, however, the Wheeling Customer may terminate its Distribution Wheeling Service after the initial term following 30 days written notice to MPEI.

Wheeling Customer may request Distribution Wheeling Service in 100 kW increments. After the commencement of Distribution Wheeling Service, Wheeling Customer may only change the requested Distribution Wheeling Service capacity to be effective upon the commencement of a subsequent 12-month period and following not less than 90 days’ notice. For the avoidance of doubt, a Wheeling Customer must submit a new Application in order to receive any incremental increase in requested Distribution Wheeling Service above the originally requested amount.
 

C. Definitions

“Applicant” means any company that is requesting service under Rate Schedule DWS under an Application.

“Distribution Wheeling Service” means the service provided by MPEI under Rate Schedule DWS as described in (B) above.

“MPEI” means Mountain Parks Electric, Inc.

“Study Fee” means the estimated cost of a wheeling study, which wheeling study may be required by MPEI in its discretion.

“Wheeling Customer” means any company taking service under Rate Schedule DWS after execution of a Distribution Wheeling Service Agreement.

D. Rates

The Distribution Wheeling Rate on 3-Phase Infrastructure is equal to $5.96 per kW-month of requested capacity.

Wheeling Customer shall be billed on a monthly basis for its requested Distribution Wheeling Service capacity. If Wheeling Customer exceeds its requested capacity in any month, Wheeling Customer shall be charged an additional amount that is equal to two times the Distribution Wheeling Rate for each kW, in 100 kW increments, of capacity in excess of its requested capacity.

The Wheeling Customer shall be responsible for the cost of any facilities identified by a system impact study as necessary to provide the Wheeling Customer with Distribution Wheeling Service, as well as any operations and maintenance expenses that would not have been incurred by MPEI absent Wheeling Customer taking Distribution Wheeling Service. Terms and conditions related to the payment of such costs and expenses are set forth in the Application and Agreement for Distribution Wheeling Service.

E. Application and Agreement for Distribution Wheeling Service

1. Application Submission
   
   Any entity requesting service under Rate Schedule DWS must submit an Application and Agreement for Distribution Wheeling Service (“Application”), no fewer than 90 days prior to the requested date of the commencement of Distribution Wheeling Service. A requested date for the commencement of Distribution Wheeling Service does not guarantee service as of that date.
    
2. Application Timeline
   
   MPEI will acknowledge receipt of an Application within 3 business days after receipt. Within 10 business days after receiving an Application, MPEI will notify the Applicant whether the Application is complete. If an Application is incomplete, or if MPEI determines in its sole discretion that additional information is required from the Applicant, the Applicant shall have 10 business days from MPEI’s notification of an incomplete application to provide the required information.
   
   Once MPEI deems an Application to be complete, MPEI will notify the Applicant within 30 days if MPEI will be able to provide the requested service without further study, or if a wheeling study is required. If no wheeling study is required, Applicant must provide written notification of its intent to commence Distribution Wheeling Service on the requested commencement date, or on a date agreed to by MPEI and the Applicant thereafter.
   
   If a wheeling study is required, MPEI will inform the Applicant of the Study Fee. Applicant must submit the Study Fee within 30 days of MPEI informing Applicant of the amount thereof, otherwise the Application will be deemed withdrawn. If MPEI receives the Study Fee within 30 days, it will conduct the wheeling study to identify the additional facilities necessary to provide the requested service, the estimated cost of the facilities, and the estimated timeline for construction.
   
   Applicant shall notify MPEI within 30 days following receipt of the wheeling study whether it agrees to the results of the wheeling study. MPEI shall not commence any procurement or construction required by the wheeling study unless and until Applicant agrees to the result of the wheeling study in writing provides MPEI with a requested engineering deposit amount, consistent with MPEI’s Electric Service Construction Standards.
   
   The interconnection of generation resources or energy storage resources that will wheel electricity on the MPEI distribution system must also comply with MPEI’s Generation Interconnections Application Charges and Timelines in Section 341 of MPEI’s Tariff, and must comply with the CPUC Code of Colorado Regulations Interconnection Procedures and Standards (4CCR 723-3 Rules 3850 – 3859), if applicable.
   
   Regardless of the requested date of commencement of service, no Distribution Wheeling Service shall commence until all necessary studies have been completed, the facilities necessary to provide the service have been constructed, and MPEI determines that it is able to safely provide the service.
    
3. Commencement of Distribution Wheeling Service
   
        i. Wheeling Service Deposit

                  Every Applicant shall be required to make a deposit in an amount equal to an estimated 90 days bill prior to the
                  commencement of Distribution Wheeling Service (“Wheeling Service Deposit”). Applicants seeking additional or
                  incremental Distribution Wheeling Service will be required to make an additional deposit in the amount of an
                  estimated 90 days bill for such additional or incremental service. The deposit shall be refunded to Applicant
                  within 90 days following termination of service, less any amounts owed to MPEI.

              ii. Establishment of Credit
                  In addition to the Wheeling Service Deposit, every first-time Applicant shall be required to make a deposit in an
                  amount equal to an estimated 90 days bill prior to the commencement of Distribution Wheeling Service. Any
                  Applicant that is a former customer of MPEI but has not taken Distribution Wheeling Service under this Rate                         
                  Schedule DWS for at least 24 months within the last 3 years shall be considered a first-time Applicant. A
                  former Wheeling Customer of MPEI whose previous Distribution Wheeling Service was provided for at least
                  24 months within the last 3 years and whose payment history is satisfactory to MPEI in its sole discretion shall                     
                  not be required to make a deposit.

                  Applicants seeking additional or incremental Distribution Wheeling Service will be required to make a deposit
                  of an estimated 90 days bill for the additional or incremental service, unless, as determined in MPEI’s sole
                  discretion, said Applicant has maintained a satisfactory payment record on all other commercial, small power,
                  or large power accounts, in which case the deposit requirement may be waived.

                  “Satisfactory payment history” means there has been no discontinuance of service for nonpayment, and not
                  more than one Notice of Discontinuance being incurred on any account of Applicant during the most recent
                  12 months period, of which none were mailed within the most recent 6 months, and no petition for bankruptcy
                  has been filed by or on behalf of Applicant.

                  Any amounts provided by Wheeling Customer to MPEI under this subsection “3” shall be refundable
                  consistent with Section 302.06 of MPEI’s Service Rules & Regulations.

F. General Terms

1. Limitation on Damages
   
   MPEI shall not be liable to any Applicant for indirect, incidental, consequential, punitive, reliance or special damages arising out of either party’s performance or provision of Distribution Wheeling Service under an Application (including without limitation, damages for harm to business, lost revenues, lost opportunities, lost savings, or lost profits) regardless of the form of any predicate legal cause of action and regardless of whether a party knew of the possibility that such damages would result.
    
2. Indemnification
   
   Each of MPEI and Applicant agree to indemnify and hold harmless the other party and its officers, directors, agents, employees, members, managers, shareholders, partners and other equity holders from and against all claims, demands, actions, losses, liabilities, expenses (including reasonable legal and consultant fees and expense), suits, proceedings of any nature for personal injury, death, or property damage to the other party’s property or facilities or personal injury, death, property damage to third parties that arise out of performance under the Application by the indemnifying party, except to the extent such injury or damage is attributable to the sole negligence or willful misconduct or breach of an Application by the party seeking indemnification thereunder.

A.    Application

Available to Members not subject to Tariff 202.02 General Service Time-Of-Use who:
1.    Voluntarily select this Tariff, and;
2.    Whose peak demand is equal to or less than 50 kW for the 12-month period ending with the current billing period, and;
3.    Who take electric service supplied at one point of delivery, and;
4.    Whose electric usage is measured through one meter used for residential, farming and/or ranching.

B.    Type of Service

Single- or three- phase service at the Cooperative’s standard secondary distribution voltages, where available. Where service of the type desired by the Member is not already available at the point of delivery, additional charges under the Cooperative’s line extension policy and special contract arrangements may be required prior to service being furnished.

C.    Monthly Rate & On- and Off-Peak Hours

Each billing period the Member shall be obligated to pay the following charges:

System Access Charge    $39.32
On-Peak kWh, per kWh    $0.23626
Off-Peak kWh, per kWh    $0.09694

January thru December:
Off-Peak    10:00 p.m. to 5:00 p.m. Monday through Saturday. All day on Sunday.
On-Peak    5:00 p.m. to 10:00 p.m. Monday through Saturday.

The Cooperative reserves the right to change on- and off-peak hours.

D.    Monthly Minimum Charge

The monthly minimum bill shall be the greater of the following:
1.    Each billing period the Member shall be obligated to pay the System Access Charge, whether or not any energy is actually used.
2.    $1.00 per kVa of installed transformer capacity.

E.    Billing Adjustments

This rate is subject to all billing adjustments.

F.    Agreement

An agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Rules and Regulations for electric service.
 

Energy conservation/solar generation/electric vehicle charging stations

 A.             Availability

Service under this Rider shall be applicable in all territory served by Mountain Parks Electric, Inc. (the Cooperative) and shall be subject to the Cooperative’s established Tariffs and policies. This Rider is an optional and voluntary Tariff available to Members who receive service under any rate schedule for eligible energy efficiency improvements, solar installations and electric vehicle charging stations within the Cooperative’s service territory. Projects that address upgrades to existing buildings deemed unlikely to be habitable or to serve their intended purpose for the duration of service charges will not be approved unless other funding can affect necessary repairs.

B.             Application

A monthly Electrify Everything (EE) charge will be applied to any metered account subject to this Tariff where upgrades are installed. Members owning the premises where the account is located shall pay the EE charge until all of the Cooperative’s costs have been recovered. The Cooperative will recover the costs of its investments, including any fees allowed, in this Tariff. Charges will be set for a duration not to exceed ten (10) years. The EE charge and duration of payments will be included in the Electrify Everything Agreement between the Cooperative and the Member.

C.             Agreement Terms

1. Equipment and Installation Costs
The equipment and installation cost of the approved energy efficiency measure will be paid by the Cooperative, up to the maximum amount established for each EE measure.

2. Repayment Obligation
The repayment obligation shall be assigned to the meter at the premises and will survive changes in ownership.

3. Binding Agreement
Until the Cooperative has been repaid for the full cost of the EE, the terms of this Tariff shall be binding on the metered structure and any future Member who shall receive service at the location.

4. Monthly EE Charge
Program costs shall be recovered through a monthly EE charge on the electric bill.

5. Down Payment
Members participating in this Tariff are required to make a minimum down payment of 10 percent (10%) toward the total cost of the measure.

6. EE Non-Payment
Without regard to any other Cooperative rule or policy, the EE charge shall be considered as an essential part of the Member’s bill for electric service, any payment shall be applied first to the EE charge and next to other charges for electric service, the Cooperative may disconnect the associated electric meter for non-payment of the EE charge under the same provisions as for any other electric service.

 7. Tariff Acceptance
The Member (or joint Members) signature(s) on the EE Agreement shall constitute acceptance of this tariff.

8. Discontinuance of Tariff
Once the Cooperative has been repaid for the costs for EE investments at a specified location, the monthly charge shall no longer be billed.

9. EE Charge
The EE charge will be based on the actual cost of the proposed measure(s) plus applicable interest and administration fees (per below) minus the down payment amount, and any rebates received.

10. Annual Interest Rate
The EE charge may include an annual interest charge of no more than five percent (5%), as set forth in the EE agreement.

11. Administration Fee
Applicants will be charged a $100 administration fee for completed projects.

12. Number of Payments
The number of monthly periods for which the EE charge will apply at the premises, unless otherwise specified, shall not exceed the estimated life of the measure, or ten (10) years, whichever is less.

13. Project Cost
The project cost will include:

              i. The final amount billed by the installation contractor and paid by MPEI, subject to the terms of this policy and the EE Agreement;

              ii. Applicable county fees; and

              iii. Cooperative filing fees. 

D.    Approved Contractor
Should the Member proceed with implementing a qualified EE measure, the Cooperative shall calculate the appropriate monthly EE Charge described above. The Member shall sign the EE Agreement and select a licensed contractor.

E.    Quality Assurance
When the energy efficiency upgrades are completed, the contractor shall be paid by the Cooperative, following on-site, telephone or a written report inspection and approval of the installation by the Member and the Cooperative. The Cooperative does not guarantee the performance of the installed EE upgrades or the quality of work of any contractor.

The Cooperative has the option, at its sole discretion, to make payments to verified contacting partners in advance of project completion on a case-by-case basis with written approval of the Electrify Everything program coordinator.

F.    New & Existing Structures
Subject to the Cooperative's approval, a Member may utilize this Rider to install high efficiency equipment or measures in new structures. At its sole discretion, the Cooperative may determine a property is ineligible for this Rider and does not qualify for it if:

• The structure has an expected life shorter than the payback period, or
   
• The structure does not meet applicable public safety or health codes

G.    Responsibilities
Responsibilities, understandings and authorizations of Members, the Cooperative and Participating Contractors shall be outlined in written agreements, notifications and disclosures/consents.

H.    Transition Roles
Payments due pursuant to an EE Agreement are based upon the meter serving each property participating under this tariff. Failure by the Member to provide notification to a buyer of the property shall not affect the Cooperative's ability to collect from the account associated with the property pursuant to this tariff.

I.    Other

1. This Rider only applies to measures permanently installed as fixtures at the premises. Portable efficiency products do not qualify under this Rider. The Cooperative will determine eligibility of measures or products in its sole discretion.

2. In its sole discretion, the Cooperative may determine the maximum program investment in any year.

3. The Cooperative will determine the eligibility of a Member based on the Member’s bill payment history with the Cooperative, projected energy savings and program capacity.

A.    Applicability
Applicable to Member-generators served pursuant to the Small Power or Large Power rate classes who supply all or part of such Member-generator’s own load, with generation system(s) that do not qualify as an Eligible Generating System pursuant to Cooperative’s Tariff 330.02.

B.    Standby Capacity Charge per kW, per Month:
Member-generators shall be charged the following monthly rates for standby capacity per kW of Member-generator’s maximum demand service requirements.

1. Small Power (6): $6.25 per kW
2. Large Power (7): $6.25 per kW
3. Large Power Primary (7P) $6.06 per kW
4. Large Power (8): $14.08 per kW
5. Large Power Primary (8P): $10.61 per kW

C.    Determination of Standby Capacity
Standby capacity is defined as the number of kilowatts (kW) of the Member’s maximum demand service requirements applied for by the Member, as determined by the Cooperative; provided, however, if the standby capacity is exceeded by the Cooperative’s recorded demand of the Member’s actual usage, such recorded demand shall become the new standby capacity. This new standby capacity will be used commencing with the month in which the recorded demand (in excess of the previous mutually agreed upon standby capacity) occurs and continue until it is superseded by a higher recorded demand.

D.    Monthly Demand Charge
The Cooperative will bill the Member a monthly demand charge that is the greater of: (1) the Member’s actual demand charge calculated under the applicable rate schedule; or (2) the standby capacity charge calculated using the applicable standby capacity rate provided herein multiplied by the Member’s maximum demand service requirements established herein.

E.    Metering
Thirty-minute time registration demand metering shall be required. The meter shall be capable of being electronically read by the Cooperative. The output of the Member’s generator may be separately metered at the discretion of the Cooperative and must be metered separately if aggregate generation is above 150kW. The Member is responsible for the cost of the meter and communications to the meter.  The Cooperative will provide specification on the type of meter equipment and communications to the meter.

F.    Special Terms and Conditions
In order to protect its equipment from overload damage, the Cooperative may require the Member to install at the Member’s expense an approved shunt trip type breaker and an approved automatic pole-mounted disconnect. 

In the event the Member’s use of service is intermittent or subject to unreasonable fluctuations as determined by the Cooperative, the Cooperative will require the Member to install and maintain at the Member's expense suitable equipment to satisfactorily limit such fluctuations.

Member’s generating equipment cannot backfeed onto the MPE system.  If Member’s equipment is found to be backfeeding, their service will be disconnected and the Member will be required to provide proof that the system will not backfeed in the future. The Member will be charged the following monthly rates per kW backfeed on the MPE system.  

1.    Small Power (6): $11.74
2.    Large Power (7): $11.74
3.    Large Power Primary (7P) $11.39
4.    Large Power (8): $26.16
5.    Large Power Primary (8P): $21.20

If the actions or operations of one or more Member-Generators result in penalties, charges, or additional costs being assessed to the Cooperative under its wholesale power or transmission agreements, the Cooperative reserves the right to allocate those costs proportionally across all Member-Generators receiving standby service. This ensures that the financial impact of exceeding contractual thresholds is shared equitably among the Member-Generator group.

G.    Liability and Indemnification
The Cooperative and the Member-Generator shall indemnify, defend, and save the other party harmless from any and all damages, losses, or claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the other party’s action or failure to act in relation to any obligations under this standby rider or under Colorado Revised Statute § 40-9.5-118, except in cases of gross negligence or intentional wrongdoing by the indemnified party.

All bills shall be adjusted by the amount of any sales tax or other tax attributable to the sale of electric service to the Member.

The monthly charge for electric service as determined from the Cooperative’s applicable rate schedule shall be increased to each Member receiving electric service within a municipality wherein the Cooperative pays franchise fees, by the appropriate percentage as set forth in the franchise agreement between the Cooperative and the municipality.

If a meter is found to be outside the accuracy standards established by the American National Standards Institute, Inc., proper correction shall be made of previous readings for the period of six (6) months immediately preceding the removal of such meter from service for test, or from the time the meter was in service since last tested, but not exceeding six (6) months, as the meter shall have been shown to be in error by such test, and adjusted bills shall be rendered. No refund is required from the Cooperative except to the Member last served by the meter prior to the testing. If a meter is found not to register for any period, unless bypassed or tampered with, the Cooperative shall make a charge for units used, but not metered, for a period not to exceed six (6) months based on amounts used under similar conditions during a period or periods  preceding or subsequent thereto, or during corresponding periods in previous years.

Except as provided in these Rules and Regulations, the Cooperative shall charge a fee for each trip to a Member’s premises that is requested by the Member or reasonably required under these rules (e.g. trip to Member’s premises for collection of a bill, read the meter, to make disconnection, or for a missed appointment made by the Member). The trip fee shall be billed to the Member in the next regular billing cycle of the Cooperative.

The trip fee shall be based on the Journeyman Lineman hourly rate in effect on January 1st of the current year, plus 40% for overhead costs, rounded to the next highest dollar amount.

Trips to Member’s premises made outside of the Cooperative’s normal working hours shall be charged for at overtime rates of one and a half times the average hourly rate as calculated above, plus 40% for overhead costs, rounded to the next highest dollar amount.
 

If a Member requests that the Cooperative make an investigation of any outage or service irregularity and if the Member reports or causes to be reported, a service outage or irregularity, and the Cooperative determines that such outage or irregularity was caused by the Member, his facilities, equipment, or installation, then the Cooperative may charge the Member a trip fee as established above.

The Cooperative shall charge a fee on each occasion it is necessary to change its records, for the purpose of setting up a new electric service account. This charge applies to the Member if the Cooperative receives a meter reading through the normal read cycle or receives the reading though an automatic reading device. If a trip to read the meter is requested by the Member, in addition to the change of records fee, a trip fee will be charged. The records fee shall be based on 25% of the average of the employees classified as Member Service Representatives hourly rate in effect on January 1st of the current year, plus 40% for overhead costs, rounded to the next highest dollar amount.

Each Member receiving electric service will be charged a System Access Charge through the application of the minimum requirements of the rate Tariff for the type of service to be received as a minimum monthly billing, unless otherwise stated. As a guarantee of revenue for the Cooperative to maintain idle services for service readiness, the minimum bill requirements, including the System Access Charge, will be billed to the Member after a request for service discontinuation has been received by the Cooperative until one of the following events occur:

A.    A new application for the service is received which assumes responsibility for the System Access Charge;

B.    The service is transferred to the owner of the property at the date requested for discontinuance; or

C.    The owner requests in writing that service be removed.

If at the conclusion of six (6) months any of the System Access Charges and the minimum bill requirements are unpaid, the Cooperative retains the right to notify the owner of record that the electric service will be scheduled for removal. In order to retain service, any unpaid charges shall be paid in addition to other charges that apply. Should the service be removed, a new line extension charge will be required to restore the service.

The Cooperative shall charge the banking institution fee for each check or other negotiable instrument that is dishonored or returned to the Cooperative.

No charge shall be made for a meter test except as provided in this rule. If Member’s meter has been tested at the Member’s request and within a period of two years the Member requests a new test, the Cooperative shall make the test but if the meter is found to be within the accuracy standards established by the American National Standards Institutes, Inc., the Cooperative may charge the Member a fee that reflects the cost to test the meter. The fee shall be based on 50% of the current hourly wage rate in effect for the Metering Superintendent plus 40% for overhead costs, rounded to the next dollar.

The Cooperative may assess, and the Member shall be responsible for, an administrative fee of $10.00 on any amount not paid when due. In addition to the administrative fee, the Cooperative may assess, and the Member shall be responsible for interest of one and one-half percent (1.5%) per month on all amounts not paid when due.

This tariff number has been reserved for possible future use.

This tariff number has been reserved for possible future use.

This tariff number has been reserved for possible future use.

The Cooperative shall collect the following deposits and fees for engineering services:

A.    Deposits for Line Extension Engineering Estimate
The Cooperative shall collect a deposit to provide one engineering cost estimate for contract pricing of new services, line extensions, subdivision developments, conversions, relocations, and other projects based on a site visit and detailed plans furnished by the owner. The deposit will be applied toward the construction charge if the extension is made in accordance with the terms and conditions of the application and contract for service. Such deposits are refundable less costs incurred and in accordance to the reconciliation process. Engineering deposits are as shown in the Cooperative’s Electric Service Construction Standards.

B.    Subdivision Re-Design
Developers are responsible to finalize subdivision plats and engineering development plans prior to initiating design work for electric utility infrastructure. Developers shall be financially responsible for the estimated labor expenses incurred by the Cooperative when design or subdivision name changes require engineering re-work. The Cooperative may require advance payment of estimated re-design costs.

C.    Subdivision Re-Construction Fees
Developers shall also be financially responsible for re-work on construction costs incurred when grade is changed or when other plat changes are made after installation of electric lines. All such work shall be done under a special work order at time, material, and indirect costs to be paid by the developer. The Cooperative reserves the right to discontinue utility work in the subdivision until such re-construction costs are paid.

D.    Relocation or Temporary Placement of Facilities
When the Member requests relocation of Cooperative facilities or temporary facilities the Member will abide by the Cooperative’s policy for line extensions in the Electric Service Construction Standards.
 

This tariff number has been reserved for possible future use.

The Cooperative will charge a metering tampering charge of:

    First occurrence                      @    $500.00
    Each additional occurrence     @    $1,000.00    PLUS

Charges for repair or replacement of damaged equipment and for usage as described below. The term “meter tampering” as used herein applies to any instance in which a meter assigned to a Member shows any evidence of having been entered by a person, firm, or corporation other than a Cooperative employee in furtherance of the Cooperative’s business and includes, but is not limited to, those instances in which the seal is broken in which a meter has been jumper-ed so as to bypass the meter and serve energy to a point of delivery, or any instance in which the meter has been reversed so as to impair or defeat its capacity to accurately measure energy delivered through the meter and/or to a delivery point, or any other act whether specifically covered herein which interferes with the meter’s effectiveness to gauge the consumption of electric energy.

In cases of meter tampering or bypassing of meter, electric energy consumed, but not metered, may be estimated by the Cooperative based on the amounts used under similar conditions during preceding years. Where no previous usage history exists or is considered unreliable due to meter tampering or bypassing of meter, consumption may be estimated on the basis of usage levels of similar Members and under similar conditions. The Cooperative may charge for all labor, materials, and equipment necessary to repair or replace all equipment damaged due to the meter tampering or the bypassing of meter.

The Cooperative will implement a site-specific line extension contract tailored to each project. Contract charges will be based on the Cooperative’s engineering estimate of construction costs and indirect costs, and actual construction charges will be reconciled with the contract payment upon completion of all work in accordance with contract terms. Applicable capacity charges shall be paid in addition to this construction charge.

Transformer costs (direct plus indirect) will be fully charged where the transformer is installed to supply only that one service as determined solely by the Cooperative. Transformer costs for single-family lots where the transformer will supply services to adjacent lots in the future will be prorated based on the number of adjacent lots that can be served from that transformer location as determined solely by the Cooperative.

For new services requiring additional capacity beyond the existing transformer rating, the Member will be charged the full cost for upgrading the transformer plus their pro-rated amount for the existing transformer, less the current cost of the existing transformer.

For addition or upgrade to an existing service, the Member will be charged the full cost of the new transformer less the current cost of the existing transformer. The Cooperative shall determine the appropriate transformer rating for all Cooperative owned transformers.
 

The indirect costs of the Cooperative that will be included to determine construction charges for site-specific line extension contracts shall be an annually determined percentage of direct labor costs and an annually determined percentage of direct material costs.

Any person desiring to receive Electric Service from the Cooperative shall apply for such service by properly completing, signing, and filing an Application for Electric Service. A separate Application for Electric Service is required for each location where delivery of electric energy is desired, whether for initiation or renewal of service. An Application for Electric Service is filed when it is received (physically or electronically) by a Cooperative employee at any office of the Cooperative. Applications for Electric Service that are mailed or electronically delivered to the Applicant must be returned to the Cooperative within ten (10) working days of the date of mailing.

The Application for Electric Service must be in the name of the person or legal entity applying for Electric Service. The Cooperative may require suitable identification.

Each Applicant for Electric Service shall become a Member of the Cooperative under conditions prescribed by the Bylaws of the Cooperative.

Upon compliance with the provisions of Sections 301.01 and 301.02, the Applicant has made an offer to purchase electric energy from the Cooperative, the terms of which are contained in the Application for Electric Service and these Tariffs and Service Rules and Regulations (“Service Rules”).

The provision of Electric Service constitutes an agreement under which the user receives Electric Service and agrees to pay the Cooperative therefore in accordance with the applicable Rate Schedule and Service Rules. Each person who resides at the Premises to which service is delivered shall be deemed to receive benefit of service supplied and shall be liable to the Cooperative for payment, subject to conditions hereinafter stated, whether service is listed in his or her name. The primary obligor for payment is the Applicant or user in whose name service with the Cooperative is listed. The Cooperative reserves the right to pursue reasonable and timely efforts to affect payment by or collection from a user who is not the Applicant or user of record by transfer of an account.

At any time before the Cooperative has acted upon the offer to purchase Electric Service, the Applicant may revoke such offer by notifying the Cooperative.

Rate Schedules shall be on file at the offices of the Cooperative and available to Applicants for Electric Service. If there are two or more Rate 
Schedules applicable to any class of Electric Service the Cooperative will, upon request of the Applicant, explain and assist in the selection of the Rate Schedule most suitable for the conditions, character of installation or use of Electric Service most suitable for the Applicant’s requirements.

Appropriate charges to Customers will be made at the time service is instituted or reinstated, or if service at a specific location is transferred from one Customer to another. Charges will also be made to Customers for all service work performed for Customers on the Customers’ Premises except for gratuitous services provided by the Cooperative. Charges are set forth in Section 204.00, Service Fees. These charges are to offset the Cooperative’s costs for such service work and transactions and are in addition to all other Customer charges for utility service, deposits, or line extensions.

If an Applicant for residential service satisfactorily establishes credit by one of the following means he/she shall not be required to pay a deposit:

1.    Payment History

If it is undisputed that the Applicant has been a Customer of the Cooperative or another utility providing electric service within the last twelve (12) months, and the Applicant has not been delinquent in the payment of any such utility service account during the last twelve (12) consecutive months of service, and the Applicant did not have more than two (2) occasions in which a bill for such utility service was paid after becoming delinquent and never had a service disconnected for nonpayment; or, 

2.    Other Means

If the residential Applicant demonstrates a satisfactory credit rating by appropriate means, including any of the following:

A.    Proof that the Applicant has remitted current and consecutive payments for twelve (12) consecutive months in an owner-renter agreement to the Cooperative.

B.    Creditworthiness as determined by the Cooperative using commercially reasonable methods.

If the credit of an Applicant for any type of service has not been established satisfactorily to the Cooperative, the Applicant shall be required to make a deposit. Any deposit as required herein is not to be considered as advance payment or partial payment of any bill for service. The deposit is security for payment of service.

In addition to 302.01 the Cooperative will require a deposit on Applicants for the following:

1.    Act of Subterfuge
Subterfuge includes, but is not limited to, the use of a fictitious name or address by the Applicant for service to avoid paying prior or future indebtedness to the Cooperative, or an application for service is made for a given location in the name of another party by a Customer whose account is delinquent and who continues to reside at the Premises.

2.    Diversion of Electric Service
The Customer has in an unauthorized manner tampered with, diverted or interfered with the service within the last five (5) years.
 

The required deposit for residential service shall not exceed the estimated ninety (90) days’ bill as determined by the previous usage history or as estimated by the Cooperative’s personnel based on the service load sheet.

The Cooperative may require additional security by increasing the amount of the existing deposit or requesting a new deposit on current accounts under the following circumstances:

1.    Accounts that have more than two (2) delinquencies in the last twelve (12) month billing period; or

2.    One (1) or more insufficient fund checks or one (1) credit/debit payment reversals in the last twelve (12) month billing period; or

3.    Accounts that continually carry an open balance on account in excess of the deposit held for four (4) months out of a twelve (12) month period; or

4.    Where a person or entity, responsible for payment of the account, jointly or severally, files a petition of bankruptcy.

Any first-time Applicant for Commercial, Small Power, or Large Power service shall be required to make a deposit.

1.    The required deposit for Small Power service shall be an estimated ninety (90) days’ bill as determined by the previous usage history or as estimated by the Cooperative’s personnel on the service load sheet.

A.    Any Applicant who is a former Customer of the Cooperative, but who did not have Commercial or Small Power service for at least twenty-four (24) months within the last three (3) years shall be considered a first-time Applicant.

B.    A former Commercial or Small Power Customer of the Cooperative who has a satisfactory payment history of twenty-four (24) months within the previous three (3) years, shall not be required to make a deposit.

2.    The required deposit for Large Power service shall be the Customer’s estimated ninety (90) days’ bill as determined by previous usage history or as estimated by the Cooperative’s personnel on the service load sheet. The deposit for Large Power Customers is required regardless of previous credit with the Cooperative or any other utility.

A.    An additional deposit may be required based on the previous twelve (12) months to be assessed at the discretion of the Cooperative.

3.    New construction Large Power service deposit is to be determined by the Cooperative based on the service load sheet and will be reassessed at six (6) month and twelve (12) month intervals thereafter.

4.    Any Applicant for Commercial, Small Power, or Large Power service at additional locations will be required to make a deposit as noted above at the new location. If said Applicant has maintained a satisfactory payment
record on all other Commercial or Small Power accounts the deposit will be waived. All Large Power accounts will be required to pay the deposit.

5.    Satisfactory payment history shall consist of all of the following:

A.    No discontinuance of service for nonpayment;

B.    Zero notices of discontinuance sent to any account during the most recent six (6) month period;

C.    No more than one (1) notice of discontinuance sent to any account during the most recent twelve (12) month period; and

D.    No petition for bankruptcy has been filed by the Customer.
 

1.     Except for Large Power Customers, the Customer’s deposit or any balance to which the Customer is entitled, will be refunded upon the earlier to occur of:

A.    Termination of service; or

B.    The Customer maintains service for twelve (12) successive months without a notice of discontinuance of service for nonpayment, and the Customer is not delinquent on the current bill.

2.    Upon return of a deposit, the Cooperative shall pay interest on such deposit at an annual rate as established by the Public Utility Commission.

3.    Interest on a deposit shall accrue from the date of receipt by the Cooperative to the date the deposit is returned or credited to the Customer’s account. In the event the Customer has an outstanding debt owed to the Cooperative, the deposit, including interest, shall be applied towards the debt prior to refunding to the Customer. If the Customer does not meet the refund criteria, then the deposit and interest will remain with the Cooperative.

4.    For all Large Power accounts, the Cooperative shall refund the deposit plus interest in the form of cash to the Customer once the Customer has discontinued service and is no longer receiving service for the account the deposit was originally received for by the Cooperative. Interest will be paid out on a yearly basis and applied to the Customer’s account. In the event the Customer has an outstanding debt owed to the Cooperative the deposit shall be applied towards the debt prior to refunding to the Customer.

Before service is rendered, every Applicant, who previously had service discontinued by the Cooperative for nonpayment of a bill or meter tampering, or who owes the Cooperative for prior Electric Service, will be required to pay all amounts due the Cooperative or execute a deferred payment agreement, if offered, unless the past-due amount is discharged in a bankruptcy proceeding.

To the extent that a Customer’s actual or estimated annual billing amount exceeds one percent (1%) of the Cooperative’s total annual operating revenues, the Cooperative reserves the right, in its sole discretion, to require credit support in the form of a cash deposit or an accepted alternative. The Cooperative may reassess a Customer’s actual or estimated annual billing amount at any time, including upon a material change in the Customer's operations or load profile.

1.    The required credit support amount shall not exceed the Cooperative’s estimate of the Customer’s ninety (90) day bill at peak usage. The Cooperative reserves the right to adjust the required credit support amount, either upward or downward, at any time upon thirty (30) days written notice to the Customer.

2.    In lieu of a cash deposit, the Cooperative may, in its sole discretion, accept a bank-issued letter of credit, surety bond, performance bond, or other form of credit support. Any alternative credit support must be replaced by the Customer no later than thirty (30) days prior to its expiration. Failure to replace expiring credit support shall entitle the Cooperative to require an equivalent cash deposit immediately.

3.    The Cooperative reserves the right to make demand upon any deposit or credit support posted under this section at any time the Cooperative determines, in its sole discretion, that its exposure warrants such action, without waiting for a bill to become due or delinquent.

4.    Credit support collected under this section shall be refunded upon the earlier of:

A.    The Customer’s termination of service; or

B.    The Cooperative’s determination, in its sole discretion, that the credit support is no longer necessary. Payment of a deposit or posting of alternative credit support does not relieve the Customer from payment of current bills as they become due. No credit support proceeds shall be applied to any Customer indebtedness except bills for services provided by the Cooperative that are due or past due.

5.    Customers subject to this section remain subject to all other provisions of these Service Rules, including the Cooperative’s right to discontinue service pursuant to Section 351.02.
 

The Cooperative may grant an application by having its authorized officer or employee sign the Application for Electric Service on behalf of the Cooperative or by initiating service.

The grant of an application shall operate as an acceptance of Applicant’s offer to purchase Electric Service and forms a contract, the terms of which are the Application for Electric Service and these Service Rules. Upon the granting of an application and initiation of service the Applicant shall be a Member and Customer of the Cooperative.

As conditions precedent to the performance or obligation to perform any part of the contract for Electric Service by the Cooperative or the provision of any Electric Service, Applicant or Customer shall:

1.    Comply with the Law
The Applicant or Customer shall comply with state, county, and municipal regulations governing the service applied for and provide the Cooperative with a copy of any approval required by law or ordinance; and 

2.    Comply with Service Rules
Applicant or Customer shall comply with the Service Rules of the Cooperative governing the service applied for; and

3.    Customer’s Installation
Applicant’s or Customer’s installation shall be constructed in accordance with all applicable codes and regulations, and the Applicant or Customer shall provide the Cooperative with any approval or other certificate that may be required by law or ordinance; and

4.    Easement
A contract for Electric Service, or receipt of service by the Customer, will be construed as an agreement granting to the Cooperative an easement for electric lines, wires, conduits, and other equipment of the Cooperative necessary to render service to the Customer. If required by the Cooperative before service is connected, the Applicant or Customer shall grant to the Cooperative at the Customer’s expense an easement, the form and content of which is satisfactory to the Cooperative, for service to the Applicant or Customer’s property, including a looped underground system (Section 305.03, 3.). If service to the Applicant or Customer’s property requires crossing of an adjacent property, the Applicant or Customer shall secure to the Cooperative, at the Customer’s expense, an easement for such crossing, the form and content of which is satisfactory to the Cooperative.

In the event the Applicant or Customer is not able to secure an easement acceptable to the Cooperative after reasonable attempts with the owner of the adjacent property, the Cooperative may exercise its power of eminent domain pursuant to Colorado Revised Statute § 38-5-104. If the Cooperative seeks to acquire an easement by eminent domain the Cooperative does not guarantee an easement will be so acquired. Any costs associated with the acquisition of an easement, whether by eminent domain or not, shall be borne by the Applicant or Customer, including but not limited to payment of just compensation, expert fees, appraisal fees, surveying costs, reasonable attorney fees and court costs if an eminent proceeding is commenced.

The Cooperative may at its discretion vacate an easement on Applicant or Customer’s Premises at Customer’s request and expense provided the Applicant or Customer has provided a satisfactory easement for all existing or new Facilities on said property and no equipment belonging to the Cooperative is located in the easement area to be vacated. The Cooperative retains the right to refuse to vacate an easement if the easement may be necessary to extend service beyond said property or for any other reason the Cooperative deems the need to retain the easement. If the Cooperative agrees to vacate an easement, the Applicant or Customer shall provide the Cooperative with a Quit Claim Deed or similar instrument, the form and content of which is satisfactory to the Cooperative, for the vacating of the easement on the Applicant or Customer’s property.

5.    Construction Charges
Applicant or Customer shall fulfill all obligations for the payment of construction charges in the manner prescribed under the Service Rules and the Electric Service Construction Standards governing line extension.

The Cooperative may refuse service if:

1.    Fulfillment of Conditions Precedent
If Applicant or Customer has failed or refused within a reasonable time to fulfill any condition precedent to performance contained in Section 303.03; or

2.    Indebtedness
If Applicant has failed or refused to pay any indebtedness to the Cooperative for previously provided Electric Service, programs, or reconciliation of project costs for current or past project(s) which has not been discharged in a bankruptcy proceeding; or

3.    Credit
Applicant has failed or refused to satisfactorily establish credit in accordance with the provisions of Section 302.00 of these Service Rules; or

4.    Hazardous Conditions
If Applicant’s installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given; or

5.    An Act of Subterfuge
The Applicant has applied for service in a fictitious name to avoid paying a prior indebtedness to the Cooperative or an application in the name of another party by a Customer whose account is delinquent and who continues to reside at the Premises.

6.    Definition of An Applicant
“Applicant” shall include a person or entity who is a 10% or more owner of the entity applying for service, or a 10% or more owner of a Customer or former Customer who has failed to pay an indebtedness to the Cooperative.

The following shall not constitute sufficient cause for refusal of service to a present Customer or Applicant:

1.    Delinquency in payment for service by a previous occupant of the Premises to be served; or

2.    Failure to pay for merchandise, or charges for non-utility service purchased from the Cooperative; or

3.    Failure to pay a bill to correct any previous under-billing due to misapplication of rates more than six months prior to the date of application; or

4.    Unless an identifiable safety hazard exists, violation of the Cooperative’s rules pertaining to operation of nonstandard equipment or unauthorized attachments which interferes with the service of others, or other services such as communication services unless the Customer has first been notified and been afforded reasonable opportunity to comply with the rules; or

5.    Failure to pay a bill of another Customer as guarantor thereof, unless the guarantee was made in writing to the Cooperative as a condition precedent to service; or.

6.    Failure to pay the bill of another Customer at the same address except where the change of Customer identity is made to avoid or evade payment of a utility bill. A Customer may request a supervisory review if the Cooperative determines that the evasion has occurred and refuses to provide service.

The Cooperative extends its distribution Facilities to Customers in accordance with the following line extension provisions. Refer to the current edition of the Cooperative’s Electric Service Construction Standards for Customer/electrician guidance on planning and installing new or upgraded Electric Service.

Primary line extension contracts shall require installation of underground electric lines in all areas except where, as determined in the sole judgment of the Cooperative, one of the following conditions exists:

1.    Overhead line extensions may be allowed in rural areas across open ground where trees have not normally grown in the past.

2.    Overhead line extensions may be allowed in rural areas if the project owner initially clears and secures easements with rights specifically granted to the Cooperative to clear cut trees for a minimum width of 60-feet on both sides of the centerline (or higher width as required by the Cooperative up to expected mature tree height in the sole opinion of the Cooperative). Such tree clearing rights shall be in addition to the 10- or 15-foot conventional electric utility line easement restrictions on each side of the line.

3.    Overhead line extensions may be allowed in towns and other areas with no forest growth where the existing electric system is overhead and the extension is considered a grandfathered area acceptable from public fire safety point of view in the sole opinion of the Cooperative.

4.    Any overhead line extension is subject to restrictions by local jurisdictional authorities (e.g., county or town government).
The Cooperative shall retain the options to rebuild existing overhead lines or install new overhead lines where funding for construction and annual operating and maintenance expenses are borne by the Cooperative.

1.    Point of Delivery-Permanent Service

The Cooperative extends its electric Facilities only to the Point of Delivery, which shall be on the property to be served or immediately adjacent to it. The Customer shall install and be solely responsible for wiring of the installation and all service entrance wiring beyond the Cooperative’s Point of Delivery. All points of delivery are listed within the Electric Service Construction Standards.
The Cooperative may at its sole discretion accept a delivery point that is remotely sited from the property to be served. This will be limited to other utility or telecommunications companies or railroads, who may need to deliver very small amounts of power over a very long distance and who are routinely acquiring their own right-of-way easements.

2.    Point of Delivery-Temporary Construction Service

The Cooperative realizes that some Customers may need to take temporary construction service at a Point of Delivery. Temporary points of delivery are defined within the Electric Service Construction Standards.

The Cooperative will extend its electric Distribution System to serve permanent Customer installations under the following provisions.

1.    Applicability

The facility to be served shall be a permanent installation; see Section 305.04 for temporary extensions. Permanent installations may include new subdivisions, residential units, shops/garages, commercial/industrial developments, and similar permanent improvements.

2.    Construction Charges

All costs to extend electric utility lines shall be paid by the Customer as a construction charge, to include, but not be limited to the following costs:

A.    Direct costs of the Cooperative including labor, materials, equipment, travel time, contracted services, permits, fees, right of way acquisition, and any costs directly chargeable towards the line extension work.

B.    Indirect costs of the Cooperative including the distribution of all payroll overhead based on direct labor cost allocation, including indirect labor, inventory stores allocation, and operating equipment transportation cost allocations.

C.    Engineering deposits are applicable. Upon completion of all work in accordance with contract terms, variances between final construction charges and contract payments exceeding $2,500 shall be charged or refunded to the Customer as applicable.

Refer to Section 205.00 for additional information on construction charges for new or upgrades to existing Residential or Small Commercial services, construction charges for site-specific line extensions, subdivisions, and other projects, and indirect costs.

3.    Looped Underground System

The Cooperative may at its sole discretion require Facilities for a looped Distribution System be installed as part of the Customer paid underground line extension of new permanent services. By enabling switching to an alternate source, a looped underground system will minimize outage times to all Customers in an area in the event of cable failure, dig-in, or other problems.

The Cooperative will extend its electric Distribution System to serve temporary Customer installations. For temporary service, the Customer shall be required to pay in advance as a non-refundable aid to construction 100% of the direct and indirect costs of all line extension construction, less salvage value.  The Customer will be responsible for 100% of the direct and indirect costs for the retirement/removal of service.

Temporary service may only be in service for two (2) years. If the temporary service is required for a longer timeframe, the Applicant must resubmit for service.

Customers desiring to have the Cooperative’s existing overhead Facilities installed underground may request the Cooperative to make changes. If at the discretion of the Cooperative it is determined that such conversion can reasonably be made, the Cooperative will convert the Facilities after the Customer pays a non-refundable construction charge for the estimated costs of the new Facilities plus the cost to remove existing Facilities less salvage value. The Customer shall be responsible for the actual cost of construction and actual cost of removal.

The Customer requesting conversion shall obtain all easements and pay the cost of all permits and environmental work required by the Cooperative. If the existing overhead Facilities are near the end of their useful life in the sole opinion of the Cooperative; such that replacement has been identified in the Cooperative’s work plan, the Cooperative may contribute the estimated cost of replacing with overhead Facilities discounted by the Cooperative’s present worth value factor.

The Cooperative may at its discretion relocate its Facilities on Customer’s Premises at Customer’s request provided the Customer has provided a satisfactory easement for the new Facilities and paid in advance an estimate of all costs for construction of new Facilities plus the removal of the Facilities less salvage value. If the Cooperative determines it is necessary to move its Facilities because the Customer fails or refuses to allow the Cooperative access to the Cooperative’s Facilities at any time then the Customer may be billed the construction charge for relocation. If the Customer requests or the Cooperative determines an upgrade of Facilities is reasonably necessary, the Customer will be required to pay the construction charge as well as applicable capacity charges within the guidelines of the Electric Service Construction Standards.

The Cooperative will prepare a contract for all line extensions, Electric Services, upgrades and relocations. The contract will specify the terms, the scope of work to be performed, and the construction estimated charges. Upon completion of all work in accordance with contract terms, variances between final construction charges and contract payments exceeding $2,500 shall be charged or refunded to the Customer as applicable.

When it is necessary to make line extensions or reinforce distribution lines to provide service where, in the sole judgment of the Cooperative, the estimated revenue is insufficient under the Cooperative’s Rate Schedules to operate, maintain, and eventually replace Facilities, the Cooperative may require additional charges for such costs under a special contract.

The Cooperative shall require a non-refundable upfront payment for the cost of non-standard equipment and/or spare transformer when in the sole judgment of the Cooperative such a purchase is necessary to provide Electric Service. Non-standard equipment is equipment specifically needed for the reliability and service of a Customer’s service needs but is not normal inventory and is considered a special order. This can include switchgear, protective equipment, spare transformers, and other major material. All non-standard equipment purchased is property of the Cooperative.

For large load additions where there is insufficient substation and feeder capacity to supply the Customer’s planned load addition(s), the Cooperative will require the Customer to pay construction charges for Cooperative owned Facilities including transmission lines, substations, and distribution feeder lines in lieu of capacity charges. The Cooperative will refund to the Customer paying for these new substation and feeder lines all capacity charges collected starting at the in-service date and during the initial five (5) years of operations of these Facilities for any new or upgraded services that would be served by the upgraded Facilities.

Upon the Cooperative’s acceptance the Cooperative shall retain the ownership of all material and Facilities installed on the Cooperative’s side of the Point of Delivery whether or not the same has been paid for by the Customer.

Objects including posters, banners, placards, satellite dishes, radio or television antennas, or other objects will not be allowed to be attached to poles of the Cooperative without consent of the Cooperative. The Cooperative may enter into written joint pole use agreements.

Meters and service switches in conjunction with the meter shall be installed in accordance with the Cooperative’s Electric Service Construction Standards, and will be readily accessible for reading, testing and inspection. Customer shall provide, without cost to the Cooperative, a suitable and easily accessible location, sufficient, and proper space for installation of meters and other apparatus of the Cooperative.

The Cooperative shall provide, install, own, and maintain all meters necessary for the measurement of electrical energy. All electric services shall be metered using an Advanced Metering Infrastructure (AMI) meter, except where special contracted terms have been established for large or non-standard services. Special meters not conforming to such standards may be used for investigation or experimental purposes.

If the Applicant has satisfied all conditions and performed all obligations contained in the foregoing Service Rules, the Cooperative shall provide electric energy to the Customer at the Point of Delivery. The Cooperative may limit the amount of electric energy furnished as capacity and usage conditions warrant.

1.    Standard Voltages and Special Requirements

The following voltages and system descriptions are available, at the Cooperative’s option, from the Cooperative. Normally only one nominal secondary voltage Distribution System is available in each location. A different voltage at that location may require special arrangements. The voltage designations are nominal and the actual delivery voltages may vary from the ratings.

Nominal Secondary Voltage    Distribution System
240/120                                      three wire single phase
208/120                                      three wire two phase (network)*
208Y/120                                    four wire three phase  
480Y/277                                    four wire three phase  

*Only available up to 200-amps at multi-unit housing projects supplied by a 3-phase transformer. Provides single phase 120v on a 3-phase system.

Nominal Primary Voltage        Distribution System
14400                                        two wire single phase
24900GY/14400                        four wire three phase

These voltage designations are nominal design voltages and the actual normal delivery voltages, so far as practicable, will be maintained within industry standards for Residential and Commercial service at the Point of Delivery.

The Cooperative will provide service to the Customer at a single voltage in the amount of capacity required to each Point of Delivery requested by the Customer in accordance with the extension provisions set out above. Additional service voltages required will be provided by the Customer if beyond the Point of Delivery.

Voltage will be delivered within 5% of nominal voltage under normal operating conditions and 10% under emergency or non-standard operating conditions.

2.    Frequency

The Cooperative’s wholesale power supplier controls the frequency of current provided by the Cooperative. The Cooperative provides alternating current at a standard frequency of sixty (60) cycles per second. Except for periods of outage and for infrequent and unavoidable fluctuations, this standard is maintained within one-tenth (1/10) of a cycle per second.
 

Electric Service may be available to Customers throughout the Cooperative’s service area from overhead distribution Facilities. The Cooperative, however, may refuse to provide overhead service in any area where the Cooperative has or expects substantial investment in underground distribution Facilities.

Electric Service from underground distribution Facilities is available to Customers requesting such service. In areas served by the Cooperative’s underground Distribution System, phase and voltage Electric Service may be limited to that which can be provided from existing Facilities. The location and routing of underground distribution Facilities is to be determined by the Cooperative.

In mobile home parks or similar installations, the Cooperative will provide electric service through individual meters to each space or building for each consuming facility. Underground service will be installed, and the meter(s) will be banked in a central location at the owner’s expense. Additional platted utility easements are required for banked or ganged metering.

Individually metered units shall remain individually metered for the life of the park/similar installation.

Master metering is limited to existing installations. (Master metered prior to December 31, 2015.)

If master metered, the owner(s) shall follow all Colorado State laws and Public Utilities Commission regulations.

Service supplied through a master meter to a mobile home park containing three (3) or more units shall be billed in accordance with the following provision:

1.    Mobile Home Parks containing three (3) or more mobile home sites – for the purpose of billing under the General Service Rate, the System Access Charge shall be multiplied by the number of units served through the master meter.

1.    For properties that provide individual ownership of space or long-term leases within one building, Electric Service will be provided through individual meters for each living unit or commercial unit space. Electric service lines must be routed outside of the building within utility easements or on the property served without encroaching of adjacent lots. Additional platted utility easements are required for banked or ganged meters. System Access Charges will apply to each residential and/or commercial unit space.

2.    For properties that provide individual spaces that cannot be individually owned and HOA fees or management companies include utilities within the rent/lease of the unit, Electric Service will be provided through an individual meter per building. Commercial space is excluded and must be individually metered per unit space; the System Access Charge will be based on the rate class of the commercial space.
Individually metered units shall remain individually metered for the life of the building.

3.    Properties that serve as hotels or motels where living areas and conference rooms are contained within one building, Electric Service will be provided through an individual meter per building.  System Access Charges will be based on the rate class of the commercial space.

4.    Buildings containing three (3) or more units – for the purpose of billing under the General Service Rate, the System Access Charge shall be multiplied by the number of units served through the master meter.

Properties that serve as hotels or motels where living areas and conference rooms are contained within one building, Electric Service will be provided through an individual meter per building. The System Access Charge will be based on the rate class of the commercial space.

Electric Service is provided through individual meters for each living unit with one meter installed on the outside of each unit and electric service lines routed outside the building within utility easements or on the property served without encroaching on the adjacent lots. Additional platted utility easements are required for banked metering.

Electric Service is provided through individual meters for each living unit installed on the outside near a common wall. If a duplex is subdivided into two lots with separate owners, an additional utility easement is required.
 

The Cooperative uses reasonable diligence under standard utility practices to provide reasonably continuous and adequate service in accordance with the standards set forth in these Service Rules.

Service interruptions may occur. The Cooperative shall make reasonable efforts to prevent service interruptions. When interruptions do occur, the Cooperative shall re-establish service within the safest and shortest possible time.

The Cooperative may interrupt service to provide necessary civil defense or other emergency service in the event of a national emergency or local disaster. The Cooperative may also interrupt service as necessary for maintenance, repairs, construction, moving of buildings or oversized objects, relocation or changes of Facilities, to prevent or alleviate an emergency which may disrupt operation of all or any portion of the Cooperative’s system, to lessen or remove risk of harm to life or property, and to aid in the restoration of Electric Service.

Irregularities in service such as voltage surges may occur. The Customer is responsible for installing and maintaining devices that protect his/her installation equipment, and processes during periods of abnormal service conditions. Normal utility operation may result in the loss of voltage to one or more phases; the Customer is responsible to install and maintain single-phasing protection for three-phase motors and other Customer owned equipment supplied by three-phase service.

The Cooperative makes reasonable investigation of service interruptions and irregularities reported by a Customer. Such investigation normally terminates at the Point of Delivery. If standard service voltage exists at this point and the Cooperative’s service Facilities are in good condition the Customer shall be so advised. The Cooperative shall not be obligated to inspect the Customer’s conductors, installation, or equipment.

The Cooperative shall not be liable for either direct or consequential damages resulting from failures, interruptions, loss of phase for 3-phase services or voltage and wave form fluctuations occasioned by causes reasonably beyond the control of the Cooperative, including, but not limited to, acts of God or public enemy, sabotage and/or vandalism, accidents, fire, explosion, labor troubles, strikes, order of any court or judge in any bona fide legal proceedings or action, or any order of any Commission, tribunal or governmental authority having jurisdiction.

The Cooperative anticipates occasional disruptions in the delivery of Electric Service beyond the control of the Cooperative. The Cooperative shall advise Customers who have notified the Cooperative that it requires uninterruptible Electric Service that it is the obligation of the Customer to provide for an uninterruptible power supply via a backup generator or battery. All such devices shall be the property of and maintained by the Customer and installed in such a manner as to not be a safety hazard to employees of the Cooperative or other Customers of the Cooperative. The Cooperative requires Customers to notify the Cooperative of all such devices.

In case of an emergency, the Cooperative shall have the right to grant preference to that service, which, in its opinion is most essential to the public welfare.

In the event of a shortage of supply resulting from any cause whatsoever, the Cooperative shall have the right to put into effect such curtailment means as are necessary, which may include involuntary rotating blackouts on any part of the Cooperative’s electric system.

The Customer may not connect Customer owned lines to another source of electric energy in a manner that may permit electric energy to flow into the Cooperative’s system from such source without a written agreement with the Cooperative. For generation interconnection, refer to Section 341.00.

1.    Permitted Uses

Electric energy provided through Cooperative Facilities shall be used by the Customer exclusively for the purpose or purposes specified in the applicable clause of the Rate Schedule under which the Customer is receiving Electric Service and being billed.

2.    Resale Prohibited

The Customer shall not resell electric energy unless specifically provided for in writing by the Cooperative. Resale for electric vehicle charging shall be exempt.

3.    Extension of Customer’s Wiring

The Customer may not extend the Customer’s installation across or under a public street or alley, or other lands not owned or leased by the Customer without the written consent of the Cooperative and then only where energy is to be used by the Customer in installations located on two or more sites separated only by a dedicated street or alley. However, such sites are to be located in such a manner that the Customer’s conductors will not occupy a dedicated street or alley opposite land owned by others.

4.    Uses Prohibited by Law

The Customer shall not use electric energy for any unlawful purpose or in such a manner that it may endanger life or property.

1.    Load Balance

The Cooperative requires the Customer to control the use of electric energy so that the Cooperative’s electrical load at the Point of Delivery is in reasonable balance.

2.    Motor Starting Requirements

All motors shall be installed in conformance with the National Electrical Code. The Cooperative permits across the line starting of electric motors where the Cooperative determines that its Facilities are adequate and the frequency of starts are such that service to other Customers will not be adversely affected. When the Cooperative determines that the operation of electric motors with full voltage starting adversely affects Electric Service, the Customer shall provide suitable, reduced voltage starting devices or other corrective equipment. Motors, or groups of motors starting simultaneously, shall be subject to disconnection if service to the motor(s) creates objectionable voltage fluctuation, interference or distorted wave forms that adversely affect the Cooperative’s electrical system or its service to other Customers.

3.    Intermittent Electrical Loads

Electric Service to equipment whose use of electricity is intermittent and subject to noticeable fluctuations shall be served by a transformer dedicated solely to that equipment and served as a separate account. Customers contemplating the installation of such equipment are to make specific prior arrangements with the Cooperative.

4.    Equipment Necessary to Limit Adverse Effect

The Cooperative may require the Customer to provide at the Customer’s expense suitable apparatus to limit the effect of voltage fluctuations caused by electric equipment in the Customer’s installation where the Customer is found to be operating electric equipment which produces voltage fluctuation, harmonics, interference or distorted wave forms which adversely affect the Cooperative’s electrical system or its service to other Customers.
In lieu of requesting the Customer to install such suitable or special equipment limiting such adverse effect, the Cooperative may, at its option, install at the 
Customer’s cost additional transformer capacity or other equipment specially designed to reasonably limit such adverse effect.
The Customer’s nonlinear loads, e.g. variable speed drives, which may create harmonic problems, shall be specified to include filters and other performance features as required to meet IEEE Standard 519 (latest revision), “IEEE Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems.” Customers shall pay all consulting engineering costs that may be incurred to investigate problems and all costs to implement solutions for excessive harmonics caused by their loads. The Cooperative shall have the right to disconnect service to loads creating harmonics problems until required limits are met and all associated costs are paid.

5.    Voltage and Wave Form Sensitive Equipment

A Customer planning the installation of electric equipment whose performances may be adversely affected by voltage fluctuations, harmonics, and distorted 60 hertz wave forms are responsible for providing and installing the necessary facilities to limit these adverse effects.

6.    Change in Customer’s Electrical Load

The Customer shall notify the Cooperative when the Customer’s electrical load is to be changed substantially in order for the Cooperative to ensure its Facilities are adequate. If upgrades for the change in the Customer’s equipment are required, the Customer shall be responsible for all costs associated with the upgrade.

If the power factor of the Customer’s load is less than ninety percent (90%) the Cooperative may require the Customer to install appropriate equipment to maintain a unity power factor or at the Cooperative’s option, to reimburse the Cooperative for installing the necessary equipment. This provision shall be applicable only to Customers with a connected load greater than 50 kW.

Access will be admitted to the Customer’s Premises at all reasonable hours to personnel authorized by the Cooperative to inspect, install, remove, or replace the Cooperative’s property; to read Cooperative’s meter; and to perform other activities necessary to provide Electric Service, including tree trimming and tree removal where such trees in the opinion of the Cooperative constitute a hazard to the Cooperative’s personnel or Facilities, or jeopardize the providing of continuous Electric Service. Refusal on the part of the Customer to provide reasonable access for the above purposes may, at the Cooperative’s option, be sufficient cause for discontinuance of service.

The Customer shall use reasonable diligence to protect personnel authorized by the Cooperative or by law to have access to such Facilities.

In the event of loss of, or damage to Cooperative Facilities on the Customer’s Premises caused by or arising out of carelessness, neglect, or misuse by the Customer or unauthorized persons, the Cooperative may require the Customer to reimburse the Cooperative of the cost of such damage.

The Cooperative’s meter, equipment or other property, whether on the Customer’s Premises or elsewhere, are not to be tampered with or interfered with for any reason. The Cooperative is not liable for injury to any person or persons resulting from tampering with or attempting to repair or maintain any of the Cooperative’s Facilities. Fees associated with tampering with the meter are in Section 204.13.

Bills for service will be rendered monthly. The term “month” for billing purposes means the period between any two consecutive regular readings by the Cooperative of the meters at the Customer’s Premises, such reading to be taken as nearly as may be practicable every thirty days.

The Cooperative will install, own and maintain suitable metering and other equipment necessary for measuring the electric energy supplied. Each rate class of Electric Service supplied will be metered and billed separately. All Electric Service to a Customer under one applicable Rate Schedule at each Point of Delivery will be measured by a single meter and meter readings will not be combined for billing purposes.

Usage of electric energy will be expressed as kWh. Rates that include a Demand component, the Demand will be expressed in kW. Electric energy usage is measured at the meter regardless of whether or not it is the same as the Point of Delivery.

The Cooperative shall use reasonable diligence to read all meters on a monthly basis.

Usage as well as Demand may be estimated by the Cooperative where there is good reason for doing so, such as inclement weather, personnel shortage, or equipment failure.

No service watt-hour meter that has an incorrect register constant, test constant, gear ratio or dial train, or that registers upon no load shall be placed in service or allowed to remain in service without proper adjustment and corrections. No service watt-hour meter that has an error in registration of more than plus or minus two percent (2%) at light or heavy load shall be placed in service. Demand meters may have an allowable error of not more than two percent (2%) of full-scale deflection except that the allowable error for thermal type meters may be three percent (3%). Meters exceeding these limits must be corrected.

Light load shall be construed to mean approximately five percent (5%) to ten percent (10%) of the nameplate rated test capacity of the meter. Heavy load shall be construed to mean not less than sixty percent (60%) nor more than one hundred percent (100%) of the nameplate rated test capacity of the meter.

All new meters shall be tested and certified by the manufacturer to register accurately to within the above limits.

Upon request of a Customer, the Cooperative shall make without charge a test of the accuracy of the Customer’s meter. The test will be conducted at the Cooperative’s office or at an independent test laboratory as determined by the Customer and the Cooperative. Following completion of testing, the Cooperative shall promptly advise the Customer of the result of the test.

If the meter has been tested at the Customer’s request and within a period of twenty-four (24) months the Customer requests a new test, and if the meter is found to be within the accuracy standards established by the Cooperative, the Cooperative may charge a fee as established in Section 204.06. Also, the Customer shall be responsible for the test cost incurred to have an independent test facility perform the meter testing.

If a meter is found not to register, to register intermittently, or to partially register for any period, the Cooperative shall estimate a charge for the kilowatt-hours used by averaging the amounts registered over similar periods, or over corresponding periods in previous years.

The basic periodic testing of a meter shall not be longer than provided as follows:

Meter Test Schedule
    
Alternating current watt-hour meter:    
     1. Meters used with instrument transformers:                                 2 years
         A.    Poly-phase meters                                                               2 years
         B.    Single phase meters                                                            8 years when new
     2. Self-contained poly-phase meters                                               2 years
     3. Self-contained single-phase meters and three wire
         network meters                                                                            8 years

Demand meters:    
     1. Integrated (block interval) Demand meters including                  Same as the schedule for associated watt-hour meter, but not to exceed 2 years
         Demand registers and associated control devices    

Refer to Section 203.

The Cooperative will install, own, and maintain suitable metering and other equipment necessary for the measurement of the electric Demand supplied (the rate at which electric energy is used).

The Customer shall maintain unity power factor as nearly as practicable. Demand charges may be adjusted to correct for average power factors lower than ninety percent (90%). Measured Demand may be adjusted by multiplying the maximum Demand by ninety percent (90%) and dividing by the lagging power factor at the time of such maximum Demand.

The Customer will pay a minimum charge as per the applicable Rate Schedule or agreement for Electric Service, whichever is greater, irrespective of the amount of electricity consumed, even if none is consumed.
 
A daily System Access Charge will be made when a new meter is connected and then disconnected within any one (1) billing period.

Refer to Section 204.4.

Each bill for utility service(s), regardless of the nature of the service(s), is due upon receipt of the billing. If full payment is not received in the office of the Cooperative or at any agency authorized by the Cooperative to receive payment on or before 30 days from the billing date, the account will be considered delinquent and may be subject to disconnection in accordance with the Rules set forth in Section 351.02.

In the event of a dispute between a Customer and the Cooperative regarding any bill for electric utility services, the Cooperative shall make such investigation as shall be required by the particular circumstances and report the results thereof to the Customer. In the event the dispute is not resolved, the Cooperative shall inform the Customer of the complaint procedures of the Cooperative.

Customers shall not be required to pay the disputed portion of the bill which exceeds the Customer’s average monthly usage at current rates pending the resolution of the dispute, but in no event more than sixty (60) days. For purposes of this rule only, the Customer’s average monthly usage at current rates shall be the average of the Customer’s gross utility service for the preceding 12-month period. When no previous usage history exists, consumption for calculating the average monthly usage shall be estimated on the basis of usage levels of similar Customers and under similar conditions.

The Cooperative may at its discretion enter into a deferred payment plan with a Customer who demonstrates a temporary inability to pay amounts due to the Cooperative or any portion thereof.

Entry into a deferred payment plan is not a right and may be denied based on the Customer’s payment history, prior arrangements, meter tampering, bypass or diversion, or other relevant factors.

While a Customer is in compliance with a deferred payment plan, Electric Service shall not be discontinued for nonpayment of amounts covered by the arrangement, provided all current charges are paid as they become due and a reasonable portion of the outstanding amount(s) owed.

Failure to comply with the terms of a deferred payment plan shall constitute grounds for eligibility for discontinuance of service in accordance with Section 351.00.

Customers served under General Service classification for Residential or Commercial service who have had no pending Notices of Discontinuance of Service may elect to pay monthly bills for service on a Budget Billing Plan beginning with any billing month.

Any Customer electing the Budget Billing Plan will pay a monthly amount equal to the total of the Customer’s most recent twelve (12) months’ bills multiplied by a current calculation factor of 105% divided by twelve (12). This calculation factor is subject to change by the Cooperative as conditions warrant. Said monthly payment shall be made for eleven (11) months with the twelfth month’s payment being a settlement amount equal to the difference between the total of the prior eleven (11) month’s payments and the actual billings for the twelve (12) month period.

The Cooperative shall compare the said initial monthly payment to a monthly payment calculated based upon the most recent twelve (12) month’s actual bills. These comparisons will be made at six (6) months and nine (9) months from the initial contract month. The difference between the initial monthly payment amount and the then currently calculated monthly payment amount shall be the Customer’s variance. The Cooperative may revise the initial monthly payment to the then currently calculated monthly payment if the Customer’s variance is more than the variance factor. The variance factor is subject to change by the Cooperative as conditions warrant, but will neither exceed twenty-five percent (25%), nor be less than fifteen percent (15%).

If the settlement amount is a credit balance the Cooperative will issue a check to the Customer in the amount of the credit balance, or the Customer may elect to have the credit applied to future billings. If the settlement amount is a debit balance owed by the Customer the total balance will be due and payable on the due date shown on the bill for the settlement month, except that in the event the debit balance exceeds $20, the Customer may elect to pay the debit over a two (2) month period with at least one half of the total debit balance payable in the settlement month.

The Customer may continue on the Budget Billing Plan for succeeding years, in which case the settlement month for each year will occur in twelve (12) month cycles starting with the beginning month. If a Customer electing the Budget Billing Plan fails to pay the budget billing obligation in any month, normal collection procedures shall be applicable for the outstanding budget billing amount. Upon termination of service of a Customer on the Budget Billing Plan, the Customer is subject to removal from the plan and the entire outstanding amount of the account for actual usage shall be due and payable.
The monthly budget billing amount will be adjusted for changes in the Cooperative’s base rates.

If billings for electric service are found to differ from the Cooperative’s lawful    rates for the service being purchased by the customer, or if the cooperative fails to bill the customer for such service, a billing adjustment shall be calculated by the Cooperative. If the customer is If billings for Electric Service are found to differ from the Cooperative’s lawful rates for the service being purchased by the Customer, or if the Cooperative fails to bill the Customer for such service, a billing adjustment shall be calculated by the Cooperative. If the Customer is due a refund, an adjustment shall be made for the entire period of the overcharges. If an overcharge is adjusted by the Cooperative within three (3) billing cycles of the bill in error, interest shall not accrue. Unless otherwise provided, if an overcharge is not adjusted by the Cooperative within three (3) billing cycles of the bill in error, interest shall be applied to the amount of the overcharge at the rate set by the Public Utilities Commission annually for a calendar year. Interest on overcharges that are not adjusted by the Cooperative within three (3) billing cycles of the bill in error shall accrue from the date of payment unless the Cooperative chooses to provide interest to all of its affected Customers from the date of the bill in error. All interest shall be compounded annually. Interest shall not apply to leveling plans or estimated billings that are authorized by statute or rule. Interest shall not apply to undercharged amounts unless such amounts are found to be the result of meter tampering, bypass, or diversion by the Customer. Interest on undercharged amounts shall also be compounded on an annual basis and shall accrue from the date the Customer is found to have first tampered, bypassed or diverted. If the Customer was undercharged, the Cooperative may back-bill the Customer for the amount under-billed. The back-billing is not to exceed six (6) months unless the Cooperative can produce records to identify and justify the additional amount of back-billing or unless such undercharge is a result of meter tampering, bypassing, or diversion by the Customer. However, the Cooperative may not disconnect service if the Customer fails to pay charges arising from an under-billing more than six (6) months prior to the date the Cooperative initially notified the Customer of the amount of the undercharge and the total additional amount due unless such undercharge is a result of meter tampering, bypassing, or diversion by the Customer. If the under-billing is $25 or more, the Cooperative shall offer the Customer a deferred payment plan option for the same length of time as that of the under-billing. In cases of meter tampering, bypass, or diversion, the Cooperative may, but is not required to, offer a Customer a deferred payment plan.
due a refund, an adjustment shall be made for the entire period of the overcharges. If an overcharge is adjusted by the Cooperative within three (3) billing cycles of the bill in error, interest shall not accrue. Unless otherwise provided, if an overcharge is not adjusted by the Cooperative within three billing cycles of the bill in error, interest shall be applied to the amount of the overcharge at the rate set by the Public Utilities Commission annually for a calendar year. Interest on overcharges that are not adjusted by the Cooperative   within 3 billing cycles of the bill in error shall accrue from the date of payment unless the Cooperative chooses to provide interest to all of its affected customers from the date of the bill in error. All interest shall be compounded annually. Interest shall not apply to leveling plans or estimated billings that are authorized by statute or rule. Interest shall not apply to undercharged amounts unless such amounts are found to be the result of meter tampering, bypass, or diversion by the customer. Interest on undercharged amounts shall also be compounded on an annual basis and shall accrue from the date the customer is found to have first tampered, bypassed or diverted. If the customer was undercharged, the Cooperative may back bill the customer for the amount under-billed. The back-billing is not to exceed six months unless the Cooperative can produce records to identify and justify the additional amount of back billing or unless such undercharge is a result of meter tampering, bypassing, or diversion by the customer. However, the Cooperative may not disconnect service if the customer fails to pay charges arising from an under-billing more than six months prior to the date the Cooperative initially notified the customer of the amount of the undercharge and the total additional amount due unless such undercharge is a result of meter tampering, bypassing, or diversion by the customer. If the under-billing is $25 or more, the Cooperative shall offer the customer a deferred payment plan option for the same length of time as that of the under-billing. In cases of meter tampering, bypass, or diversion, the Cooperative may, but is not required to, offer a customer a deferred payment plan.

1.    Facilities for Providing Electric Service

The Cooperative maintains at each of its business offices and makes available to Applicants and others entitled to such information showing the Facilities available for service.

2.    Cost of Providing Service

If a prospective residential Applicant requests service, the Applicant shall be informed of the lowest priced service alternatives available. The Cooperative shall so advise the Applicant giving consideration to equipment options and installation charges, if any.

3.    Tariffs

At each of its business offices, the Cooperative maintains and makes available for inspection a copy of its current Tariffs including all Rate Schedules and rates relating to service. A paper copy of any applicable portion of the Tariff will be provided upon request. Tariffs are posted on the Cooperatives website. Notice of the availability of such Tariffs is posted in each business office in the same area where applications for service are received.

4.    Meter Reading

Upon request, the Cooperative advises its Customers of the method of reading meters.

1.    Upon complaint to the Cooperative by a Customer either at its office, by letter or by telephone, the Cooperative shall promptly make a suitable investigation and advise the complainant of the results thereof.

2.    In the event the complainant is dissatisfied with the Cooperative’s report, the Cooperative must advise the complainant of the Cooperative’s complaint process. The Cooperative complainant process is included in Section IV of these Tariffs, along with the applicable forms and process to be followed.

3.    Upon receipt of a complaint by letter from the Public Utilities Commission (PUC) on behalf of a Customer, the Cooperative shall make a suitable investigation and advise the PUC of the results thereof. Initial response to the PUC must be made within the time set forth by the PUC.

4.    The Cooperative shall keep a record of all complaints which shall show the name and address of the complainant, the date and nature of the complaint and the adjustment or disposition thereof for a period of two (2) years subsequent to the final settlement of the complaint. Complaints with reference to rates or charges that require no further action by the Cooperative need not be recorded.

Net metering is applicable to Customer-Generators (Customers) who install an eligible energy resource system and whose Net Meter Interconnection Agreement is approved by the Cooperative. Net metering is also applicable to Customers who purchase a property with an existing, approved net metering system. Net metering is subject to provisions of this policy and applicable law.

“Customer-Generator” means an end-use electricity Customer of the Cooperative that generates electricity on the Customer’s side of the meter using an eligible energy resource system.

“Net Metering” is the offsetting of the Customer’s consumption from the Cooperative by the excess electricity generated from eligible energy resources by a Customer-Generator on the Customer-Generator’s side of the meter and delivered to the Cooperative. Some of the Customer’s generated electricity is delivered to the Customer’s own load without passing through the Cooperative’s meter.

“Eligible Generating System” is an electric generating system which:

1.    Has a total aggregate nameplate generating capacity, from single or multiple generators for systems up to 25 kW as follows:

A.    For residential Customers, up to twenty-five kilowatts (25kW).

B.    For commercial or industrial Customers, up to twenty-five kilowatts (25kW); and

2.    Uses as its energy resource qualified renewable energy sources, including solar, wind, geothermal, biomass, and hydropower. A fuel cell using hydrogen derived from an eligible energy resource is also an eligible electric generation technology; and

3.    Operates in parallel with the Cooperative’s electric Distribution System; and 

4.    Meets all safety and performance requirements of the Cooperative and applicable regulations and standards.

For existing service the Cooperative will provide, install, own, operate and maintain a single meter (or meters) to measure electric energy flow in each direction as necessary to bill net metered energy. For new service the Customer shall be responsible for all costs associated as outlined in Section 305.00.

The Customer shall be responsible for all costs associated with the interconnection and its eligible generating system and shall also be responsible for all costs related to any modifications to the generating system that may be required by the Cooperative for purposes of interconnectivity, safety, and quality of service.

1.    The rates and charges for retail Electric Service to the Customer shall be based on the Cooperative’s applicable Rate Schedule for the Customer’s Premises. The Customer shall be billed monthly for Demand and System Access (or other applicable monthly minimum) charges, plus the energy charge using net metered energy (Cooperative furnished energy less Customer generated energy resource delivered to the Cooperative).

2.    Monthly energy billing offset: The Cooperative will deduct the energy delivered by the Customer’s generation each month from the energy supplied by the Cooperative up to a limit of the monthly energy supplied by the Cooperative. Any monthly excess generation not so deducted shall be accumulated month to month and credited in future monthly energy billing offsets at a ratio of one kilowatt-hour of generation for one kilowatt-hour of consumption up to the limit of monthly energy delivered by the Cooperative each month.

3.    Annual excess generation: Within sixty (60) days after the end of March each year, or within sixty (60) days after the Customer-Generator terminates its retail service, the Cooperative shall credit the Customer for any excess energy generation accumulated in excess of monthly energy billing offsets. The amount of credit shall be calculated at the avoided average cost of power to the Cooperative from its power supplier for the previous twelve (12) months. Any remaining unused credit balance shall be paid to the Customer.

4.    Time-of-Use Service: For Customer-Generators billed under a time-of-use Rate Schedule, off-peak generation will receive off-peak credit and on-peak generation will receive on-peak credit. Annual excess generation, whether off-peak or on-peak, will be credited as specified in 3. above.

The Customer shall pay all costs incurred by the Cooperative for equipment or services that are necessary to meet the safety and performance standards as authorized by Colorado Revised Statute § 40-2-124, as follows:

1.    The Cooperative shall have the right to disconnect generators at any time if necessary to restore quality of service to other Customers, e.g. for steady state/transient voltage, reliability, harmonics, or other problems that are suspected to be the result of defective generating system equipment. The Cooperative shall also have the right to disconnect service to any facility having an unauthorized interconnection of a parallel source.

2.    The net metering system shall meet all applicable standards and guidelines for safety and performance as established by the Cooperative, the National Electric Code, the National Electric Safety Code, the Institute of Electrical and Electronics Engineers, and the Underwriters Laboratories, Inc.

3.    All interconnection equipment shall be approved by the Cooperative prior to installation and shall be accessible to the Cooperative at all times.

The Cooperative and the Customer-Generator shall indemnify, defend, and save the other party harmless from any and all damages, losses, or claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the other party’s action or failure to act in relation to any obligations under this net metering policy or under Colorado Revised Statute § 40-9.5-118, except in cases of gross negligence or intentional wrongdoing by the indemnified party.

An agreement for Electric Service with a fixed term may be required by the Cooperative. This Rate Schedule may be changed by order or consent of regulatory authorities having jurisdiction, or, if none, by the Cooperative’s Board of Directors. Service hereunder is subject to the Cooperative’s Tariffs and Service Rules. In the event of a transfer of ownership, a new agreement will be required.

1.    Applicability

Applicable to the Cooperative’s Customers who wish to interconnect and operate a small generator in parallel with the Cooperative’s electrical system, subject to the provisions of the Cooperative’s Generation Interconnection Procedures and the established Tariffs and Service Rules of the Cooperative and all applicable laws.

2.    Charges

The charge for interconnect application shall be as follows:

A. For generation with nameplate capacity less than or equal to 25 KW    $250.00
B. For generation with a nameplate capacity greater than 25 KW and less than or equal to 100 KW    $600.00
C. For generation with a nameplate capacity greater than 100 KW    $1000.00
D. The Cooperative will provide a non-binding good faith estimate of the cost of any required feasibility, system impact, and Facilities study as part of the proposed study agreement    
 

Any Customer desiring to discontinue electric utility service from the Cooperative shall give a minimum of three (3) days’ notice to the Cooperative to that effect, unless otherwise specified in the rate or applicable contract, in order to allow time for final meter reading and discontinuance of service. The Customer shall make a written request identifying the Customer account, the service location where discontinuance is desired, and the date service is requested to be discontinued. Such request shall be filed with the appropriate Cooperative employee at any office of the Cooperative. Where such notice is not received by the Cooperative, the Customer shall be liable for service until final reading of the meter.

The Customer shall be liable for any property damages sustained as a result of the requested discontinuance of service.
The Cooperative shall notify or inform the Customer requesting the discontinuance of service of Section 204.04.
 

The Cooperative may discontinue service to a Customer under any of the following circumstances:

1.    Nonpayment of a Bill
If the Customer fails or refuses to pay a delinquent account for Electric Service (whether or not based upon estimated billing); or

2.    Deferred Payment Plan
If the Customer fails to perform any obligation under the terms of a deferred payment agreement; or

3.    Interference with Service
If the Customer violates any rule pertaining to the use of Electric Service in a manner which interferes with or is likely to cause interference with Electric Service to other Customers or operates nonstandard equipment, provided that the Cooperative has made a reasonable effort to notify the Customer and provided there has been a reasonable opportunity to remedy the situation; or

4.    Failure to Make Application for Service
If the Customer fails or refuses to make application for Electric Service in accordance with these rules, or

5.    Refusal of Access
If the Customer fails or refuses to provide the Cooperative reasonable access to its Facilities located on the Customer’s Premises; or

6.    Default on Guaranty Agreement
If a Customer, whose account is in good standing, has signed a written Guaranty Agreement for another Customer or Applicant and fails or refuses to pay the amount due on the guaranteed account when requested to do so by the Cooperative; or

7.    Comply with Law
If the Customer fails or refuses to comply with any applicable Federal, State, Municipal, or other law, ordinance, rule or regulation; or

8.    Back-billing
If the Customer fails or refuses to timely pay any billing authorized by these rules resulting from previous under-billing, (whether caused by meter inaccuracy, misapplication of rates or otherwise). See Section 203.00 for information on billing adjustments; or

9.    Hazardous Condition
When a hazardous condition exists in the Customer’s installation or equipment; or

10.    Meter Tampering
If the Cooperative’s meter which serves the Customer has been tampered with or bypassed, the Cooperative may discontinue service. For purposes of this section, meter tampering, bypass, or diversion shall be defined as tampering with an electric meter or equipment, bypassing the same, or other instance of diversion, such as physically disorienting the meter, objects attached to the meter to divert service or to bypass, insertion of objects into the meter, and other electrical and mechanical means of tampering with bypassing, or diverting electrical service or there has been a theft of Electric Service; or
 
11.    Insufficient Fund Checks
Payments made for Electric Service by personal checks or credit/debit card payment that are returned to the Cooperative as being insufficient, account closed, or other reasons will be considered as a non-receipt of payment and be subject to discontinuance of Electric Service for non-payment of account. Notification will be rendered to the Customer as set forth in the Cooperative’s rules on discontinuance of Electric Service.
The Cooperative may also require payment in the form of cash or cash equivalent after two (2) or more checks are returned to the Cooperative: or,
    
12.    Unauthorized Interconnection of Parallel Source (Generator)
The unauthorized interconnection of a parallel source (generator, net metering system, or co-generation system) shall be reason for discontinuance of service as a safety hazard.

1.    Notification

Other than as set forth elsewhere in this Part 3, discontinuance of Electric Service shall not occur for any rate class for violation of any rule or regulation of the Cooperative or for nonpayment of any sum due for Electric Service except upon written notice mailed by first class mail, physically delivered, or sent by electronic delivery at least ten (10) days in advance of the proposed discontinuance of service date for Residential  Customers and Small Commercial  Customers or three (3) days for Large Power Customers, except for multi-unit dwellings specified in Section 351.03 – Multi-Unit Dwellings, advising the Customer the particular rule(s) or regulation(s) that has been violated for which service will be discontinued and/or the amount due and the exact date by which the same shall be paid to avoid discontinuance.

The rule shall not apply where a by-pass is discovered on a Customer’s service meter, any hazardous condition exists on a Customer’s Premises, or in the case of a Customer utilizing service in such a manner as to make it dangerous for occupants of the Premises, thus making an immediate discontinuance of service to the Premises imperative.

In the event the Customer has previously executed a third-party notification form indicating a third-party to whom notices of discontinuance or terminations are to be sent, written notice shall be mailed by first-class mail, physically delivered, or sent by electronic delivery at least ten (10) days in advance of proposed discontinuance to said third-party for Residential Customers and Small Commercial Customers and three (3) days in advance for Large Power Customers.

A.    Disconnection Timing

(1)    Service will not be disconnected sooner than forty-five (45) days after the original billing date for Residential Customers and Small Commercial Customers and forty (40) days for Large Power Customers.

(2)    Disconnection will not occur between 12:00 p.m. the day prior to any Cooperative office closure and 8:00 a.m. the day following or any federally observed or Cooperative observed holiday.

B.    Deferred Payment Plan

(1)    On or before the notice of discontinuance, the Customer may avoid disconnection by:

(a)    Paying at least one-third of the total balance due; and

(b)    Entering into a deferred payment plan as specified in Section 324.12 – Deferred Payment Plan.

C.    Additional Provisions

(1)    The Cooperative will work with the Customer to avoid disconnection by:

(a)    Offering a deferred payment plan.

(b)    Referring the Customer to financial assistance resources, when applicable.

(c)    The information included in written notices shall be provided in English and Spanish as necessary to adequately inform the Customer.

(2)    The Cooperative will not take payment from a Customer in the field to avoid the discontinuance of Electric Service for insufficient payment of the Customer’s account.
 
2.    Discontinuance Without Notice

Electric Service may be disconnected without any notice to the Customer if:

A.    Discontinuance of service to the Premises is imperative for reasons of safety. Such reasons might include, but are not limited to, a condition or installation of any part of the Customer’s or the Cooperative’s lines, apparatus or appliance which is found to be dangerous to life, health or safety of any person.

B.    Discontinuance is ordered by any properly constituted governmental authority to protect the health or welfare of any person or property or due to alleged violations by the Customer of the ordinances, statutes or regulations applicable to the service. The Cooperative shall not be responsible for ascertaining such conditions.

C.    Service having been discontinued in accordance with these Service Rules is discovered restored by someone other than the Cooperative and the original cause for discontinuance has not been cured.
 

If discontinuance of service involves individual permanent residents of multi-unit dwellings where service for the entire multi-unit dwelling is supplied through one meter, or in the case of multiple meters, if any one meter would have an adverse effect upon other occupants, and the Cooperative is aware of such condition, discontinuance of service shall occur only after the Cooperative has given thirty (30) days’ notice of intent to terminate to the party responsible for payment of utility bills for the dwelling and to individual occupants of each unit within the dwelling. Notice to such individual occupants shall be delivered to each dwelling unit or mailed first class mail to the addressee or occupant if known of each unit. In addition, a copy of said notice shall be posted, to the extent possible, in at least one of the common areas of the multi-unit dwelling. Occupants of a multi-unit dwelling may avoid termination by agreeing to pay each new bill within thirty (30) days of issuance. Occupants so agreeing shall not be entitled to installment payments or any other payment plan and may be discontinued without further notice or attempt to personal contact for failure to pay each new bill within thirty (30) days of issuance.

The Cooperative will not discontinue Electric Services, or if already discontinued will restore, during any period when discontinuance of Electric Service will be especially dangerous to the health or safety of a residential Customer or a permanent resident of the Customer’s household.

Discontinuance of Electric Service that would be especially dangerous to the health or safety of the residential household, means that discontinuance of Electric Service would aggravate an existing medical condition or create a medical emergency for the Customer or a permanent resident of the Customer’s household. Such shall be deemed to be the case when a physician licensed by the State of Colorado, or a health practitioner licensed by the State of Colorado and acting under a physician’s authority, makes a certification thereof and said certification is received by the Cooperative in writing or by phone. A utility may require written confirmation of a certification received by phone within ten (10) days of the call. Such certification shall be incontestable by the utility as to medical judgment, although the utility may use reasonable means to verify the authenticity of such certification.

In the event a medical certification is delivered to or received by the Cooperative, the non-discontinuance of Electric Service shall be effective for sixty (60) days from the date of said medical certification. One thirty (30) day extension of the non-discontinuance of Electric Service may be affected by the delivery to or receipt by the Cooperative of a second medical certification, as aforesaid, prior to the expiration of the initial sixty (60) day period.

A residential Customer may invoke the provisions of this clause no more than once during any period of twelve (12) consecutive months, said period to commence on the first date said medical certification is presented.

A Customer who invokes this clause may request an installment payment plan arrangement on or before the last day covered by the medical certification or extension thereof. A Customer who already has entered an installment payment plan arrangement and who has not broken arrangements prior to invoking this clause may renegotiate the installment payment plan arrangement on or before the last day covered by a medical certification or extension thereof. A Customer who already has entered an installment payment plan arrangement but has broken arrangements prior to invoking this clause must pay, on or before the last day covered by the medical certification or extension thereof, all amounts that would have been paid up to that date had arrangements not been broken, and resume the installment payment plan arrangement, in order to avoid discontinuance of Electric Service.

Unless otherwise provided for within the Service Rules, discontinuance by the Cooperative is prohibited for the following reasons:

1.    Delinquency in payment for utility service by a previous occupant on the Premises:

2.    Failure to pay for merchandise, or charges for nonutility service provided by the Cooperative;

3.    Failure to pay for a different type or class of utility service unless fee for such service is included on the same bill;

4.    Failure to pay the account of another Customer as guarantor thereof, unless the Cooperative has in writing the guarantee as a condition precedent to service;

5.    Failure to pay charges arising from an under-billing occurring due to any misapplication of rates more than six months prior to the current billing;

6.    Failure to pay charges arising from under-billing due to any faulty metering, unless the meter has been tampered with or unless such under-billing charges are due;

7.    Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the Cooperative is unable to read the meter due to circumstances beyond its control;

8.    For non-payment of any sum due which has not appeared on a regular monthly bill. The due date must be specifically indicated on the bill;

9.    For non-payment of any sum due which is less than thirty (30) days past due; nor shall any notice of intent to discontinue service be sent with respect to any amount which is not thirty (30) days past due.

1.    Customer’s Obligations

Discontinuance of service shall not relieve the Customer from any obligation to the Cooperative or lessen or change any obligation in any manner.

2.    Cooperative’s Rights

Discontinuance of service shall not reduce, diminish, or eliminate any legal right or remedy accruing to the Cooperative on or before the date of discontinuance, nor shall discontinuance operate as a waiver of any legal right or remedy.
Failure of the Cooperative to discontinue Electric Service at any time after default or breach of these Service Rules, the rate under which the Customer is receiving Electric Service, or the Electric Service Agreement, or to resort to any legal remedy or its exercise of any one or more of such remedies does not affect the Cooperative’s right to resort thereafter to any one or more of such remedies for the same or any default or breach by the Customer.

Where service has been discontinued in accordance with these Service Rules, the Cooperative shall restore service after the Customer has fully eliminated the cause for discontinuance, including payment of all outstanding charges, penalties, deposits, and applicable fees.

Service restoration shall be performed during the Cooperative’s regular business hours and subject to the availability of personnel. If payment is received by 12:00 p.m. on a business day, restoration will generally occur that same business day. Payments received after 12:00 p.m., on weekends, or on holidays shall be restored on the next business day the Cooperative is open.

The Cooperative shall not be required to restore service outside of normal business hours. Restoration may be delayed due to extenuating circumstances, including but not limited to system outages, emergency conditions, safety concerns, staffing availability, or when the Customer or a designated representative is required to be present at the Premises at the time of restoration.

The Cooperative may, upon discontinuance of Electric Service to the Customer, retire and remove all lines, equipment, apparatus, or other Facilities which the Cooperative may have installed to provide Electric Service to the Customer. The Cooperative may, however, abandon in place, in whole or in part its underground lines and equipment in lieu of removing such Facilities.

The Cooperative shall not be liable for any damages of any kind or character resulting from the discontinuance or disconnection made pursuant to these Service Rules.

After discontinuance of service, if service is not reconnected, the Cooperative shall refund the Customer’s deposit, plus accrued interest on the balance, if any, in excess of unpaid bills for service furnished.

A person requesting electric service from the Cooperative in the manner prescribed in the Cooperative’s service rules and regulations.

The Public Utilities Commission of Colorado.

Mountain Parks Electric, Inc.

The Cooperative’s primary and secondary voltage conductors, transformers, switchgear, connection enclosures, pedestals, services, and other associated equipment used to provide electric service.

Electric power and energy produced, or transmitted, or distributed, or provided, or made available by the Cooperative at the point of delivery together with all services and functions performed by the Cooperative.

The capacity for doing work. The unit for measuring electrical energy is the watt hour, or kilowatt hour which is 1,000 watt hours (kWh).

All the plant and equipment of the Cooperative including all tangible personal property without limitation, in any manner owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by or in connection with the business of the Cooperative.

Any person (customer) receiving electric service from the Cooperative.

All conductors, equipment, buildings, structures, or apparatus of any kind on the Customer’s side of point of deliver, excluding only Cooperative’s meter equipment.

A device, or devices, together with auxiliary equipment, for measuring electric energy usage and/or demand and/or other data.

Any incorporated city, town, or village.

Any installation other than a permanent installation.

The Cooperative and an applicant or Customer.

Any installation that is constructed on or permanently affixed to a foundation, and which is, or will be, used or occupied on a permanent full-time basis. A manufactured home or prefabricated structure shall qualify as a permanent installation only if it is installed on a foundation system according to regulations of the Colorado Department of Labor and Standards or is otherwise impractical to     move and has the wheels, axles, and hitch or towing device removed, and if it is connected to a permanent water and sewer system.

Any individual, partnership, association, joint venture, corporation, or governmental entity.

The point where the Cooperative’s conductors are connected to the Member’s conductors.

A tract of land or real estate, including buildings or other appurtenances thereon.

Any schedule of rates approved by the Board of Directors and contained in Section II of these tariffs.

The Public Utilities Commission of Colorado, Rural Utilities Services, or the governing body of any municipality with which service is provided.

Any service rule or regulation of the Cooperative approved by the Board of Directors and contained in Section III of these tariffs.

The area or territory in which the Cooperative provides electric utility service.

Conductors provided by the Member extending from Member’s electrical  equipment to the point of delivery where connection is made to the Cooperative’s conductors.

In computing a period of days, the first day is excluded and the last day is included.  If the last day of any period is a Saturday, Sunday or State of Colorado legal holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or State of Colorado legal holiday.

As used in these Regulations, the following words shall have the meanings indicated unless the context otherwise requires:

1. The words "this Corporation" shall mean Mountain Parks Electric, Inc.
    
2. The word "Board" shall mean the Board of Directors of this Corporation.
    
3. The word "consumer" shall mean any person who is not a member but who has contracted for and directly receives electric service from this Corporation.
    
4. The words "immediately shuts off service" or "immediate shut off policy" shall mean any situation in which the Corporation voluntarily disconnects service to a member or consumer without prior notice.
    
5. The phrases "increase in rates" or "general increase" or similar terms, shall mean and include any increase in a rate or any change in a rule or regulation which has the effect of increasing any rate of this Corporation to an existing member or consumer.

6. The words "local newspaper" shall mean the newspapers having a circulation in the areas of the state wherein are located the members and consumers of this Corporation affected by the matter of which notice is given.
    
7. The word "member" shall mean any person who has executed an application for membership with this Corporation, whose application has been accepted, and who directly receives electric service from this Corporation.
    
8. The word "person" shall mean any natural person, firm, partnership, corporation, company, association, joint venture or any other legal entity.
    
9. The words "presiding officer" shall mean the President of this Corporation or such other person (s) as may be designated by the Board to conduct a hearing under these Regulations.  The presiding officer need not be a Director, member or consumer of the Corporation.
    
10. The words "pro se" shall mean any individual appearing on his own behalf in a proceeding under these Regulations.
     
11. The word "rate" shall mean and include any rate, fare, toll, rental or charge.
     
12. The word "tariff" shall mean and include any rate, classification, rule, regulation, policy, or contract relating to or affecting any rate, classification, or service, or any privilege or facility.

An informal complaint is one that may be resolved without formal order.  Members and consumers must use the informal complaint procedure before filing a formal complaint, unless an emergency exists which precludes the use of the informal complaint procedure, or unless a proposed increase in rates is involved.  An informal complaint may be in writing or may be made orally to an office employee of the Corporation authorized to receive complaints at any local office, but in any event shall contain such facts and other information, including supporting data and documents, to adequately state the circumstances by which any act or thing done or omitted to be done by this Corporation, including any rule, regulation or charge heretofore established or fixed or proposed to be established or fixed, is in violation, or claimed to be in violation, of any provision of law or of any order or rule of this Corporation.  No anonymous informal complaint shall be considered.  An informal complaint shall be referred to the General Manager of this Corporation or his designee, and said General Manager or designee shall attempt to resolve such complaint, within the law, orders, rules and regulations of this Corporation, as soon as reasonably practicable, and if the said informal complaint is not resolved within 30 days after filing, the same shall be deemed denied.  Where an informal complaint is not resolved to the satisfaction of the complainant, he may file a Formal Complaint.  The informal complaint, Form No. 2 attached to these regulations may be used if the complainant so desires.

Informal complaints shall be made no later than six (6) months following the act or omission complained of or within six (6) months of the date the complainant knew or reasonably should have known of the act or omission complained of.

The General Manager or his/her designee, may, in their discretion, submit an informal complaint to the   Board of Directors of the Corporation for review and/or determination.

Prior to filing a Formal Complaint, a complainant must comply with the informal complaint procedures set forth in Tariff 410 (A) above.

A Formal Complaint shall be in writing, and generally shall conform to Form No. 3 attached to these Regulations.  Said complaint shall set forth sufficient facts and other information to adequately state the circumstances by which any law or order or rule or tariff provision of this Corporation has been violated.  Said complaint may be amended up to ten days before the hearing, if any.

A Formal Complaint may be filed with this Corporation by any member or consumer of this Corporation concerning (1) the rates charged by this Corporation, (2) the manner in which electric service is provided by this Corporation, and (3) proposed changes in the rates or regulations of this Corporation.  A Formal Complaint filed under this Rule shall not be entertained unless said complaint is signed as herein required.  If a Formal Complaint does not substantially comply with these Regulations, it can be rejected or dismissed for that reason alone.

Form No. 1

NOTICE TO CHANGE TARIFFS

AS DEFINED IN Tariff 408

NOTICE

Date of Notice: ______, ______

NOTICE OF A CHANGE IN THE TARIFFS OF

MOUNTAIN PARKS ELECTRIC ASSOCIATION, INC.

321 WEST AGATE
P.O. BOX 170
GRANBY, COLORADO 80446

You are hereby notified that the above name Corporation proposes to make the following changes in its tariffs, to become effective _________________ (Date)                 

(NOTE:  State fully the changes to be put into effect and the present tariff provision(s) to be changed; or if too lengthy, call attention to the effect of the changes and state that the proposed and present tariff provisions are available for examination and explanation at each business office of such association, stating the address of each such office.  In the event changes in rates are involved, the notice also shall state the dollar changes (or ranges thereof) or percentage increases (or ranges thereof) for each class or type of service).

Anyone who desires to complain about the proposed change shall file a written complaint with the Corporation at 321 West Agate, P.O. Box 170, Granby, Colorado 80446, at least 10 days before the proposed effective date.  In any such complaint a request for a hearing on the complaint should be made if you wish such a hearing.

The Corporation may hold a hearing to determine what changes will be authorized.  The changes ultimately authorized may or may not be the same as those proposed and may include changes different than those tariffs proposed or currently in effect.  Anyone who desires to receive notice of hearing, if any, shall make a written request therefore to the Corporation, at the above address, at least 10 days before the proposed effective date.

MOUNTAIN PARKS ELECTRIC, INC.

BY _____________________________________

             Board President

STATE OF COLORADO         )

                                                )

COUNTY OF GRAND             )

A F F I D A V I T

___________________________________, of lawful age, being first duly sworn upon his oath, states:
 

1.  That he is ________________________ of Mountain Parks Electric, Inc. (Mountain Parks)    

                                        Title

2.  That on __________________________, ______, he mailed true copies of the attached Notice to all

Mountain Park's customers, (first class), postage prepaid, at the addresses as shown on Mountain Park's records.

                                                                                                     OR

3.  That he caused the attached Notice to be published in newspapers of general circulation in Mountain Park's

service territory as follows:

                                Name of Paper                                         Date Published

DATED:  _______________________, _______                                                                               

The foregoing Affidavit was acknowledged before me this _____ day of _____________, ______, by ___________________________.

WITNESS my hand and official seal.

My Commission Expires:                        ______________________________________

                                                                ______________________________________

                                                                NOTARY PUBLIC

                                                                 ______________________________________      

                                                                 ______________________________________

(NOTARY SEAL)                                      ______________________________________

                                                                                Notary's Street Address

Form No. 2

FORM OF INFORMAL COMPLAINT

INFORMAL COMPLAINT

NAME:                    _______________________________________________

ADDRESS:              _______________________________________________

                                _______________________________________________

                                _______________________________________________

PHONE:                   (    )_______________(Home)

                                (    )_______________(Work)

COMPLAINT

(Please state the specific act or thing complained of, together with such facts as are necessary to give a full understanding of the situation.  Please use additional sheets if necessary.)

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

 ________________________________________             ____________________________

                   Signature of Complainant                                                         Date

*************************************************************************************************

FOR OFFICE USE ONLY:

Date Received:         ___________________________, _________

Disposition_______________________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________________     

(Name of Each Complainant)                                                 )

                                                                                                )              

Complainant(s),                                                                       )                               CASE NO. _________

vs.                                                                                            )

MOUNTAIN PARKS ELECTRIC , INC.                                    )                                                              

                                Respondent                                              )

Mountain Parks Electric, Inc.

Form No. 3

FORMAL COMPLAINT

The Complainant(s) state:

1.  The name and address and telephone number of each person making this Complaint are as follows:

                                                    _____________________________________

                                                    _____________________________________

                                                                                 (Names)

                                                     _____________________________________

                                                     _____________________________________

                                                                                 (Address)

                                                    _____________________________________

                                                                                  (Telephone)

2.  The Complainant(s) will appear at the hearing on this Complaint.

3.  The specific act or thing complained of, together with such facts as are necessary to give a full understanding of the situation complained of are as    follows: (Use additional sheets if necessary)

________________________________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________________________________________

Wherefore, Complainant(s) request the Board of Directors of Mountain Parks Electric, Inc. to grant the Complainant(s) the following relief:

________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________________________________________________     

(State what you want the Board to do.  Use additional sheets if necessary.)

DATED:  __________________, ________

SIGNATURES:

_____________________________________                                                                                              

_____________________________________

           (Each Complainant Must Sign)

Mountain Parks Electric, Inc.

VERIFICATION

STATE OF COLORADO         )

                                                                ) ss.

COUNTY OF                           )              

The undersigned, being first duly sworn upon oath, deposes and says that he/she has read the above and foregoing complaint and any attachments thereto and believes the facts stated herein to be true.

                                                            _______________________________________

                                                            _______________________________________

                                                                          (Signature of each Complainant)

Acknowledged and sworn to before me this ___ day of _________________, _______, by

WITNESS my hand and official seal.

My Commission Expires:        __________________________________

                                                __________________________________

                                                                    NOTARY PUBLIC

(NOTARY SEAL)