CHAPTER 1
ELECTRICAL DEPARTMENT Amended Ord. 12-2019

Sections:

4-1-101    Creation of Department. Amended Ord. 12-2019

4-1-102    Duties of Superintendent. Amended Ord. 12-2019

4-1-103    Control of Electrical System. Amended Ord. 12-2019

4-1-104    Application for Electrical Service. Amended Ord. 12-2019

4-1-105    Rates and Fees. Amended Ord. 12-2019

4-1-106    Board of Equalization. Amended Ord. 12-2019

4-1-107    [Repealed] Amended Ord. 12-2019

4-1-108    Unlawful to Reconnect Service. Amended Ord. 12-2019

4-1-109    Access to Premises. Amended Ord. 12-2019

4-1-110    Permits for Electrical Work. Amended Ord. 12-2019

4-1-111    Connections. Amended Ord. 12-2019

4-1-112    Meters. Amended Ord. 12-2019

4-1-113    Service Connection. Amended Ord. 12-2019

4-1-114    Unauthorized Use of Electricity. Amended Ord. 12-2019

4-1-115    No Liability of City. Amended Ord. 12-2019

4-1-116    Interference With Electrical System. Amended Ord. 12-2019

4-1-117    Penalty. Amended Ord. 12-2019

4-1-118    Customer-Owned Generation. Amended Ord. 12-2019

4-1-101 Creation of Department. Amended Ord. 12-2019

There is hereby created an Electrical Department, which shall consist of a Superintendent and such other employees as may be provided for by the City Council.

(1968 Code 1-20-1; 1979 Code 4-1-1)

4-1-102 Duties of Superintendent. Amended Ord. 12-2019

The Superintendent of the Electrical Department shall have charge of and be responsible for the operation and maintenance of the electrical generating plants and distribution systems belonging to the City. He shall also be responsible for the inspection of electrical installations and repairs insofar as may be required by state law or ordinance of this City.

(1968 Code 1-20-2; 1979 Code 4-1-2; amended by Ordinance No. 14-85)

4-1-103 Control of Electrical System. Amended Ord. 12-2019

The generating plants in Hobble Creek Canyon and Spring Creek, which are operated by the City to supply the City with electrical power, and all lines and apparatus for the distribution of the same, are the property of the City and shall be under the sole and exclusive control and jurisdiction of the City. The Superintendent of the Electrical Department may, and at the direction of the City Council shall, from time to time direct the making of needed additions, improvements, alterations and repairs to said system. The City Council may from time to time make such rules and regulations as it deems necessary for the operation and control of the City electrical system.

(1968 Code 4-6-1; amended in codification 1979; 1979 Code 4-1-3)

4-1-104 Application for Electrical Service. Amended Ord. 12-2019

Any person desiring electrical service from the City electrical system, when such service is available, shall apply therefor to the City Recorder and file an agreement with the City which shall be in substantially the following form: The undersigned hereby applies to the City of Springville for electrical services at (address) and agrees to be governed by the rules, regulations and ordinances applicable to the City electrical system. The undersigned further agrees to pay promptly, when due, the rate fixed by the City for the use of such electrical service, and, in the event of failure to pay for such service, agrees that the same may be discontinued by the City.

(1968 Code 4-6-2; 1979 Code 4-1-4)

4-1-105 Rates and Fees. Amended Ord. 12-2019

The City Council shall from time to time by resolution establish such rates and fees as it deems proper for the electrical service provided by the City and the uses made thereof by the users. 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. All rates and fees promulgated by the City Council shall be a matter of public record, filed with the City Recorder, and shall be available for inspection by any person during normal business hours.

(1968 Code 4-6-3; minor changes in phraseology made in codification 1979; 1979 Code 4-1-5)

4-1-106 Board of Equalization. Amended Ord. 12-2019

The City Council is hereby constituted a Board of Equalization of electrical rates and fees, to hear complaints and make corrections of any assessments deemed to be illegal, unequal, or unjust. The City Council, may, if it sees fit, rebate all or any part of the electrical bill of any indigent person.

(1968 Code 4-6-4; 1979 Code 4-1-6)

4-1-107 [Repealed] Amended Ord. 12-2019

(Repealed by Ord. No. 22-2017, 10/17/2017)

4-1-108 Unlawful to Reconnect Service. Amended Ord. 12-2019

It shall be unlawful for any person, after electrical service has been disconnected for non-payment of fees or for the violation of any established rules or regulations of the electrical 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.

(1968 Code 4-6-6; minor changes in phraseology made in codification 1979; 1979 Code 4-1-8)

4-1-109 Access to Premises. Amended Ord. 12-2019

Free access shall at all reasonable times be allowed to the Superintendent of the Electrical Department or other authorized persons to all places supplied with service from the electrical 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)

4-1-110 Permits for Electrical Work. Amended Ord. 12-2019

It shall be unlawful for any person to engage in the installation, maintenance, alteration, repair or construction of any electrical work, wiring device, fixture, appliance, or equipment inside or outside of any building either by himself or his agents or employees, except work done on the property of the City or a public utility company, without first securing such permit or permits as may be required by Title 10 of this Code. No connection shall be made or permitted to the City’s electrical system until the electrical work has been inspected and approved by the Electrical Department or other authorized City inspector.

(1968 Code 4-6-8; amended in codification 1979; 1979 Code 4-1-10)

4-1-111 Connections. Amended Ord. 12-2019

The City Council shall from time to time by resolution, establish a fee for temporary or permanent connection to the City electrical system. Upon payment of that fee it shall be the responsibility of the Electrical Department to make connection to the City’s electrical system but only on condition that all applicable ordinances and rules and regulations have been complied with, and any required extension of the City’s electrical 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)

4-1-112 Meters. Amended Ord. 12-2019

All structures, dwelling units, and establishments using electricity from the City electrical system must have such number of meters connected to their electrical systems as are necessary in the judgment of the Superintendent of the Electrical Department to adequately measure the electricity used and determine electrical charges. Meter readings shall be taken at regular intervals as determined by the Superintendent of the Department and shall be submitted to the City Auditor for the purpose of making the necessary billings for electrical service.

(1968 Code 4-6-10; amended in codification 1979; 1979 Code 4-1-12; amended in codification)

4-1-113 Service Connection. Amended Ord. 12-2019

A separate and independent service connection shall be provided for every building, except in cases of undue hardship where the City Council deems it necessary to make an exception, and except that customary outbuildings used in connection with the main building shall not require separate service connections.

(1968 Code 4-6-11; 1979 Code 4-1-13)

4-1-114 Unauthorized Use of Electricity. Amended Ord. 12-2019

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)

4-1-115 No Liability of City. Amended Ord. 12-2019

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.

(1968 Code 4-6-13; 1979 Code 4-1-15)

4-1-116 Interference With Electrical System. Amended Ord. 12-2019

Every person who shall willfully or maliciously cut, break or throw down any of the poles used in the City electric system, or who shall willfully or maliciously cut, break, or remove from its insulator, any wire in use in said system, or shall 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 shall in any other manner willfully injure, molest or destroy, any property or materials appertaining to said system, or shall 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 shall be guilty of a misdemeanor.

(1968 Code 4-6-14; amended in codification 1979; 1979 Code 4-1-16)

4-1-117 Penalty. Amended Ord. 12-2019

(1)    Any electrical service user violating any of the rules, regulations or ordinances controlling the electrical 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, in addition to the penalty provided by Subsection (1) above, be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine in an amount not to exceed $299, or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment.

(1968 Code 4-6-15; 1979 Code 4-1-17)

4-1-118 Customer-Owned Generation. Amended Ord. 12-2019

(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)