CHAPTER 1
POWER DEPARTMENT
Sections:
4-1-101 Creation of Department.
4-1-104 Application for Electrical Service.
4-1-108 Unlawful to Reconnect Service.
4-1-110 Permits for Electrical Work.
4-1-114 Unauthorized Use of Electricity.
4-1-114.5 Diverting Current – Theft of Power.
4-1-116 Interference With Electrical System.
4-1-118 Customer-Owned Generation.
4-1-101 Creation of Department.
A Department of Power for Springville City is hereby created.
(1968 Code 1-20-1; 1979 Code 4-1-1; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-102 Duties of Director.
The Power Department Director shall have charge of and be responsible for the operation and maintenance of the City’s power systems and management of energy resources. Director or designee shall also be responsible for the inspection of power installations and repairs insofar as may be required by State law or ordinance of the City.
(1968 Code 1-20-2; 1979 Code 4-1-2; amended by Ordinance No. 14-85; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-103 [Repealed]
(Repealed by Ord. No. 12-2019 § 1, 06/04/2019)
4-1-104 Application for Electrical Service.
Each person or entity desiring to purchase electricity from the Department shall make a service connection application to the City and shall furnish the necessary information, as determined by the Department, required to establish an account and shall ensure timely payment of utility bills.
(1968 Code 4-6-2; 1979 Code 4-1-4; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-105 Rates and Fees.
The City Council shall from time to time by resolution establish such rates and fees as it deems proper for the electrical services provided by the City. In establishing rates, the City Council may classify the type of services provided and uses made of the electricity and provide different rates for the classifications so made. In the event that utility services are found to have been incorrectly billed, restitution of payment to the customer, or to Springville City, shall only be made on the most recent thirty-six (36) month billing period. No claims shall be filed or suits shall be instituted for improper billing outside of this time limit.
(1) Resale of Power. The rates fixed by the City Council for the sale of electricity shall be the maximum rates for which electricity may be sold within the City. It shall be unlawful for any person to charge or otherwise resell electrical energy transmitted or distributed by the City of Springville at a rate in excess of that provided by the City Council for the applicable class of service.
(1968 Code 4-6-3; minor changes in phraseology made in codification 1979; 1979 Code 4-1-5; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-106 [Repealed]
(Repealed by Ord. No. 12-2019 § 1, 06/04/2019)
4-1-107 [Repealed]
(Repealed by Ord. No. 22-2017, 10/17/2017)
4-1-108 Unlawful to Reconnect Service.
It shall be unlawful for any person, after electrical service has been disconnected for nonpayment of fees or for the violation of any established rules or regulations of the power system, to again use or connect to such system without authority to do so and first paying all service charges due for electrical power furnished through such connection. In the event that damage is caused during unlawful reconnection, the offender will be liable for damages to Springville City and to any other injured person.
(1968 Code 4-6-6; minor changes in phraseology made in codification 1979; 1979 Code 4-1-8; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-109 Access to Premises.
Free access shall at all reasonable times be allowed to authorized Power Department personnel to all places supplied with service from the power system, to examine the apparatus, the amount of electricity used, the manner of use of the service, and to perform such duties as they may have under this Chapter.
(1968 Code 4-6-7; 1979 Code 4-1-9; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-110 Permits for Electrical Work.
It shall be unlawful for any person to engage in the installation, alteration, repair or construction of any electrical work without first securing such permit or permits as may be required by Title 10. No connection shall be made or permitted to the City’s power system until the electrical work has been inspected and approved by the Power Department or other authorized City inspector.
(1968 Code 4-6-8; amended in codification 1979; 1979 Code 4-1-10; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-111 Connections.
Upon notification from the Finance Department that a customer has paid a connection fee, it shall be the responsibility of the Power Department to make connection to the City’s power system but only on condition that all applicable ordinances, rules and regulations have been complied with, and any required extension of the City’s power system may be made within the scope of such policies governing the same as the City Council may make from time to time.
(1968 Code 4-6-0; amended in codification 1979; 1979 Code 4-1-11; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-112 Meters.
Each structure, dwelling unit, establishment, and commercial tenant space using electricity from the City’s power system must have a meter connected to their electrical system to adequately measure the electricity used and determine electrical charges. The Power Department shall cause to be installed and maintained one (1) meter for each class of service supplied. Each such service connection shall be billed independently of all others, and all meters shall be tested periodically by the Department and will be replaced if found defective. Meter readings shall be taken at regular intervals as determined by the City and shall be submitted to the Finance Department for the purpose of making the necessary billings for electrical service.
(1) Meters shall be located in an accessible area on an outside wall of the building served with electricity. If a meter is enclosed by changing the building, the meter shall be relocated outside the building at the building owner’s expense. Existing inside meters shall be moved as a condition of the building permit and at the building owner’s expense, to the outside of a building whenever major repair or rewiring is done.
(1968 Code 4-6-10; amended in codification 1979; 1979 Code 4-1-12; amended in codification; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-113 Service Connection.
A separate and independent service connection shall be provided for every building, except customary outbuildings used in connection with the main building shall not require separate service connections. All new electrical service shall be underground.
(1968 Code 4-6-11; 1979 Code 4-1-13; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-114 Unauthorized Use of Electricity.
It shall be unlawful for any user of electricity to permit any person from other premises, or any unauthorized persons, to use or obtain electricity regularly from his premises or electrical fixtures, either outside or inside his building.
(1968 Code 4-6-12; 1979 Code 4-1-14; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-114.5 Diverting Current – Theft of Power.
All electricity consumed on customers’ premises shall be metered through the Department’s meters. No socket jumpers or other devices shall be allowed which cause current to bypass the meter. The consumer shall not in any way interfere with the proper operation of the Department’s meter in an attempt to evade payment for any electricity consumed. It shall be unlawful to break a meter seal or remove a meter from its mounting device except by gaining permission in advance from the proper authority of the Power Department.
(Ord. No. 12-2019 § 1, 06/04/2019)
4-1-115 No Liability of City.
The City shall not be liable for damages for any interruption of service. Nothing in this Chapter shall be construed to relieve or lessen the responsibility of any person owning, operating or installing any electrical wires, fixtures, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming any liability by reason of any inspection authorized herein. Notwithstanding any other provision of the Springville City Code, each customer receiving power from Springville City, and each person in privity of contract with a customer of Springville City for the purposes of receiving power from Springville City, shall install and use protective devices and equipment and take all other reasonable precautions which are designed according to accepted industry standards to avoid property damage or personal injuries resulting from the use, misuse or unavailability of power, or from excessive or low voltage, current or frequency fluctuations, noise or other failures or malfunctions in the supply of power. The City shall not be liable for damages in association with providing or failing to provide service to users.
(1968 Code 4-6-13; 1979 Code 4-1-15; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-116 Interference With Electrical System.
It is unlawful to willfully or maliciously cut down or break any of the poles used in the City power system, or to willfully or maliciously cut, break, or remove from its insulator any wire in use in said system, or by the attachment of a ground wire or other contrivance willfully destroy the insulator of said system or any part thereof, or intercept the transmission of the electric current through the same, or in any other manner willfully injure, molest or destroy any property or materials appertaining to said system, or willfully interfere with the use of said system, or obstruct or postpone the transmission of the electrical current through the wires of said system, or procure or advise any such injury, interference, or obstruction, to any line or wires of said system. In all other circumstances, a person who, by an act of negligence, causes damage to any part of the Springville power system shall be liable in damages to Springville City and to any other person injured by said act of negligence.
(1968 Code 4-6-14; amended in codification 1979; 1979 Code 4-1-16; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-116.5 Department Rules.
(1) The Power Department is hereby authorized to adopt Department rules regulating the use of any electrical load wherein the use of electrical energy is intermittent or cyclic or causes or may cause voltage and/or frequency fluctuations, harmonic current, noise or any other cause of interference or disruption of electrical service in the Springville City power system. Said rules may reasonably limit such interference or reasonably restrict the use of electrical equipment causing such interference.
(2) The Power Department is hereby authorized to adopt Department rules not in conflict with any law or other City ordinance regulating the management of a power system clearance program throughout the City. Trees, shrubs, vines and other vegetation on private or public property over or underground that pose a risk to the installation, operation or maintenance of the power transmission and distribution facilities of Springville City may be trimmed or removed by Power Department personnel, or its agents, in accordance with said Power Department rules and regulations. Said rules may reasonably limit such interference with the City’s power system or restrict the planting of trees where they can conflict with the system and cause interference or damage.
(Ord. No. 12-2019 § 1, 06/04/2019)
4-1-117 Penalty.
(1) Any electrical service user violating any of the rules, regulations or ordinances controlling the power system shall forfeit all payments made and the right to the use of said service, and service to the premises of such user shall be discontinued.
(2) Any person who shall violate any of the provisions of this Chapter shall be guilty of a Class B misdemeanor and, upon conviction thereof, the maximum fine shall be in accordance with the current State Uniform Fine/Bail Forfeiture Schedule.
(1968 Code 4-6-15; 1979 Code 4-1-17; Ord. No. 12-2019 § 1, 06/04/2019)
4-1-118 Customer-Owned Generation.
(l) Definitions. The following definitions shall apply to this section:
(a) “Applicant” means an owner of a building who files a license application with the City to install customer-owned generation equipment on the owner’s property.
(b) “Customer-owned generation” means electric energy generated by a building owner.
(c) “Customer-owned generation equipment” means equipment necessary to generate customer-owned generation, which must be installed in accordance with the customer-owned generation standards.
(d) “Customer-owned generation standards” means standards adopted by the Power Department for customer-owned generation, which standards include, but are not limited to, all local, State and Federal laws, rules, and regulations.
(e) “License” means the license granted to an applicant to install customer-owned generation equipment and connect it to the City’s electrical system.
(f) “License activity” means any activity related to an owner’s customer-owned generation.
(g) “License application” means the City’s application to apply for the license.
(h) “Licensee” means an applicant who has received approval and been granted a license under this Section or a property owner who received approval under the net metering pilot program to install customer-owned generation equipment on property owned by the owner and has set up a utility account with the City. A customer is also considered a licensee.
(i) “Net metering pilot program” means the City’s program that was developed by policy on June 17, 2008, and ended on January 1, 2018.
(j) “Transferee” means a customer who established a customer account prior to January 1, 2018, and is currently generating electricity at a different physical address than the one originally attached to the account and has physically moved the customer’s original customer-generation equipment from the original physical address to another address within the City.
(2) Electric energy generated from customer-owned generation equipment installed after January 1, 2018, shall not be generated in the City without a license therefor.
(3) A license for the generation of electric energy by an entity other than Springville City may be issued by the Power Department. The applicant shall complete and submit the license application for customer-owned generation to the Power Department. The Power Department shall have thirty (30) days to review the license application and either issue a license or deny the license request. The Power Department’s denial of a license application may be appealed to the Mayor within thirty (30) calendar days from the date written notice of denial is sent by the Power Department. An account owner shall comply with all requirements of this Section prior to construction or installation of any customer-owned generation equipment. A license may be issued if the Power Department finds the proposed license activity will:
(a) Conform to all local, State and Federal requirements applicable to such activities;
(b) Not result in any increased technical or financial burden on the electric system or operations of the Power Department beyond that normally associated with distributed generation facilities that are designed and installed in accordance with industry standards; and
(c) Not be detrimental to the health, safety and general welfare of the City’s residents or the employees of the Power Department.
(4) The Power Department may refuse to issue a license where the exercise of that power is not contrary to applicable State or Federal law.
(5) Each license shall be subject to the following regulations:
(a) The City may at any reasonable time inspect any facilities of the applicant/licensee which are directly or indirectly used in the licensed activity.
(b) The City may impose any condition on the issuance or continuation of a license which is necessary to:
(i) Maintain the integrity and reliability of the City electric system; or
(ii) Maintain the health, safety and general welfare of the City’s residents or the employees of the Power Department in relation to the proposed license activity.
(c) The violation of any condition imposed on the issuance or continuation of a license shall be a basis for revoking the license to which it applies.
(d) The City may impose an initial fee and annual fees upon the applicant or licensee, the amount of which may include all costs incurred by the City which are associated with the licensing and regulatory functions described in this Section.
(e) The license is conditioned upon the licensee entering into the standard “customer-owned generation agreement” between the licensee and the City.
(f) The licensee shall adhere to the current customer-owned generation standards. Any failure to comply with these standards may result in an immediate suspension of the license and disconnection from the City’s electrical system without advanced notice to licensee. Within five (5) business days of the suspension and disconnection, the Power Department will issue notice to the licensee, who must remedy the violation before the licensee’s customer-owned generation will be connected to the City’s electrical system and/or reinstatement of the license. The licensee shall be responsible for the Power Department’s actual costs to enforce this Section.
(6) All customers shall follow the customer-owned generation standards whether or not the licensee’s customer-owned generation equipment was installed prior to January 1, 2018, or after that date.
(7) Unless the City Council amends this Section, customer-owned generation established prior to January 1, 2018, under the net metering pilot program shall be charged and credited in accordance with the formula in the net metering pilot program until January 1, 2033. Commencing on January 1, 2033, all customers will be subject to the same rates and credits.
(8) A customer which established a customer-owned generation account prior to January 1, 2018, under the net metering pilot program is nevertheless eligible to be billed as described in the net metering pilot program, if the following conditions are met:
(a) The customer-owned generation equipment used to generate electricity is the same system that met the net metering pilot program criteria;
(b) The customer is the same individual that met the eligibility requirements for the net metering pilot program;
(c) The customer is generating electricity at the same physical address that met the eligibility requirements under the net metering pilot program or meets the eligibility requirements to be a transferee.
(9) Customer accounts established after January 1, 2018, shall be charged and credited in accordance with the following formula:
(a) Be charged for the electricity that is delivered from the Power Department at the rates set forth in the comprehensive fee schedule, as amended from time to time by the City Council, that are applicable to service accounts generally or to a service class of which the account is a part;
(b) Be credited for the electricity that is generated and received by the Power Department at the customer-owned generation export rate set forth in the comprehensive fee schedule, as amended from time to time by the City Council;
(c) During each billing cycle, customer kWh credit amounts exceeding the charge for kWhs supplied to the customer by the City will be granted to the City, without any compensation to the customer;
(d) Be subject to all other charges, fees, and rates set forth in the comprehensive fee schedule, as amended from time to time by the City Council.
(10) This Section shall be interpreted in a manner consistent with the provisions of applicable State and Federal law.
(11) This Section shall not apply to the generation or transmission of electric energy by the City or any interlocal entity of which the City is a member.
(12) This Section shall not apply to the temporary generation of electric energy for emergency or standby purposes, except as noted below.
(a) All emergency or standby generation shall not be interconnected with the City’s power system at any time. A positive, physical means of transferring and separating loads between normal and alternate sources of supply must be used to prevent inadvertent interconnection.
(b) All emergency or standby generation shall comply with the provisions of the latest revision of the National Electric Code.
(13) Nothing in this Section shall be construed to mean that the City Council may not amend, enact, or repeal any provision of the Code or any portion of the comprehensive fee schedule so as to create, modify, or terminate any fee, rate, charge, service class, rate schedule, or rate structure for electrical service, including, but not limited to, implementing entirely new ways of monitoring and charging for the use of the Power Department’s electrical service and/or electrical system. Unless specifically and expressly provided otherwise, any such changes shall be applicable to every service account affected by the terms of the change.
(Ord. No. 26-2017 § 1, 12/05/2017; Ord. No. 04-2018 § 1, 03/06/2018)