Chapter 13.08 ELECTRIC UTILITY

A. “Apartment,” “condominium,” or “roominghouse” means a house or houses with separate facilities either side by side or upper or lower, which house or apartment is occupied by separate families all under the same roof.

B. “Business unit” means one business having separate light facilities, operated by one owner or renter having one business identity and maintaining his/her own books.

C. “Cabin camps” or “seasonal resorts” means any number of cabins upon a property which are rented from time to time, by day, week, or month, but do not constitute a permanent residence.

D. “City” means the public works director, electrical foreman, clerk, treasurer, and/or any other city officials or agents representing the city in the discharge of their duties.

E. “Customer deposits” means money received for the purpose of securing the city’s anticipated outstanding indebtedness for electric services.

F. “Duplex dwellings” means attached or unattached constituted separate dwellings located upon one property.

G. “Family” means one or more individuals living in the same establishment and utilizing the same convenience and/or kitchen.

H. “High voltage” is defined as 600 volts or greater.

I. “Meter aggregation” means the administrative combination of readings from and billing for all meters, regardless of the rate class, on premises owned or leased by a customer-generator located within the city’s service territory.

J. “Minimum approach distance” (MAD) means distance between high voltage lines or equipment and work being performed by non-qualified customers or contractors. Reference WAC 296-155-428(1)(e).

K. “Mobile home” means any building upon wheels which is occupied by a separate family from that of any other dwelling upon the same property.

L. “Net metering” means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator over the applicable billing period.

M. “Net metering system” means a fuel cell, a facility that produces electricity and used and useful thermal energy from a common fuel source, or a facility for the production of electrical energy that generates renewable energy, and that:

1. Has an electrical generating capacity of not more than 100 kilowatts;

2. Is located on the customer-generator’s premises;

3. Operates in parallel with the electric utility’s transmission and distribution facilities; and

4. Is intended primarily to offset part or all of the customer-generator’s requirements for electricity.

N. “Premises” means a continuous tract of land or a building, including secondary buildings and places belonging to it within its entirety, being used by a single family or single business.

O. “Renewable energy” means energy generated by a facility that uses water, wind, solar energy, or biogas from animal waste as a fuel.

P. “Qualified worker” means a company or contractor whose employees have completed a certified line clearance tree trimming program or completed a certified line apprenticeship program and has proof of a journeymen card.

Q. Special Services. “At the expense of,” “special service” or “at the expense of the owner (or applicant)” means that such person shall make a deposit with the city of the amount fixed by this chapter or of the estimated cost plus 15 percent for overhead. In the latter case, the applicant shall be refunded any underrun or billed any overrun of the actual over the estimated cost, including overhead. (Ord. 1927 § 1, 2017; Ord. 1919 § 1, 2017; Ord. 796 § 1, 1979).

13.08.020 Service application – Contents – Fee.

All applications for electrical service to and the use of power within any premises shall be made at the office of the clerk by the owner or authorized agent. The application shall show the name of the owner or agent, mailing address, description of lot or tract, block and addition and name of street upon which the property fronts, together with the corresponding official house number assigned to the premises. The applicant shall state the purpose for which this service is to be used, whether for commercial or general service, the number of families to be served, and the kind of service connection required. At the time of filing the application, the applicant shall pay to the city the fee or deposit required for the construction of the service connection hereinafter provided, or enter into a developer extension agreement and the necessary costs and fees thereof. The applicant shall further agree to conform to the rules and regulations of the electrical department that may be established by the city from time to time as a condition for the use of power and shall abide by all the terms and conditions of the developer extension agreement. (Ord. 1012 § 2, 1986; Ord. 796 § 2, 1979).

13.08.030 Electrical distribution fees.

A. In addition to any other charges whatsoever, there shall be a facilities charge assessed against each lot in all new, pending and undeveloped plats, short plats, and individual building sites. The applicable fee shall be based upon the minimum square footage lot requirement as defined in the latest city revised zoning code for single-family and multiple-family dwellings. All assessments in long plats shall be paid prior to energizing the system within the plat whether overhead or underground. Assessments on short plats and individual building sites shall be paid prior to furnishing electrical service.

B. The fee also applies to vacant building sites which previously contained a building or structure and also current sites containing a building or structure which has been occupied and the service removed or off for a period of two years or longer.

C. Commercial sites shall be assessed as indicated by Chapter 3.48 MMC. Assessments shall be paid prior to furnishing electrical service.

D. Any and all late comer fees that arise from developer extension agreements shall be paid prior to the furnishing of an electrical service. (Ord. 1012 § 3, 1986: Amended at city’s request, 2/9/84; Ord. 796 § 3, 1979).

13.08.040 Permit fees – New service connection – Conversion and rewiring.

A. New Service.

1. A new service is not to exceed 150 feet.

2. Service shall include placing a temporary meter on an approved placed pole as determined by the electric department and erected by the applicant or his contractor.

3. Connection shall be complete with the setting of the permanent electric meter and when final approval of electrical inspection has been posted by Tacoma Power.

B. Conversion and Rewiring.

1. The service provided will be a review by the electric department to determine if the conversion or rewire requested will require increased transformer capacity or service drop replacement.

2. The installation or alteration to meet the increased load will be made by the electric department when necessary after the posted approval of the conversion or rewire by Tacoma Power.

3. Electrical permits are required for the installation, alteration, or maintenance of all electrical systems or equipment consistent with the requirements of state law and regulations as administered by the permitting authority. (Ord. 1895 § 1, 2016; amended at city’s request, 2/9/84; Ord. 820 § 1, 1980; Ord. 796 § 4, 1979).

13.08.050 Service charges on vacant property.

All electrical service charges shall continue against property vacated until such time as the party responsible therefor notifies the electric department in writing to discontinue said service. (Ord. 796 § 5, 1979).

13.08.060 Electric bills – Payment – Delinquency – Turnon fees.

All electric bills are payable at the Administration Office of City Hall during regular business hours, Monday through Friday. The City Hall is closed on legal holidays. Payment may be made by mail, electronic payment or via the drop box as well as in person during regular business hours. All electric bills are past due after the fifteenth day of the month following billing or after the first business day following the fifteenth if that date is on the weekend or holiday, and service may be discontinued until paid in full. In the event service is discontinued, energy will not be made available until all balances are paid in full, plus a turnon fee, according to the city’s fee schedule. (Ord. 1895 § 1, 2016; Ord. 1398 § 2, 1999; Ord. 796 § 6, 1979).

13.08.070 Underground distribution systems required when – Trench separation.

A. It is the desire of the city to require the distribution system to be installed underground in plats and subdivisions. Exceptions to this rule could be certain short and long plats where a continuation of the existing overhead distribution would be determined by the city.

B. In areas where underground distribution is required, the developer shall furnish and install at his expense all items necessary to complete the distribution system within the plat. Prior to construction, the developer shall submit a plan designed by an engineer and approved by the city.

C. Where primary distribution is required to be extended into private property, the alternatives of overhead versus underground construction shall be determined by the city. In most situations, underground installation will be preferred.

D. Both underground primary and secondary installation shall not be jointly trenched with water or sewer, and a minimum distance of three feet separation shall be maintained at all times.

E. All underground primary will be in conduit. Telephone or cable TV wiring will not be allowed in the same conduit used for electrical wires. (Ord. 1895 § 1, 2016; Ord. 1047 § 1, 1987; Ord. 796 § 7, 1979).

13.08.080 Overhead distribution installation on street – Pole provided when.

A. In the event it becomes necessary to extend the distribution system along any street to serve a new customer, one new pole, with related equipment, will be provided by the city without charge to the customer except for transformer.

B. If more than one pole extension is required to serve a building site, the customer shall bear the expense of each additional pole, conductor and related hardware and equipment.

C. For a service connection other than for an individual dwelling site the customer shall bear total expense for installation including expense of poles, conductor, transformer and related hardware and equipment. (Ord. 1047 § 1, 1987; Ord. 796 § 8, 1979).

13.08.090 Overhead distribution installation on private property – Cleared area required.

A. Residential Development. The city will designate location and provide one pole and related equipment whether the pole is on public or private property. The cost of each additional pole, materials, and labor of installation including the transformer shall be borne by the customer.

B. Commercial Development. The city will designate location and provide one pole and related equipment whether the pole is on public or private property. The cost of each additional pole, and materials to include transformers and installation shall be borne by the customer.

C. Before consideration of service is given, the customer shall provide the city with a cleared area for construction. Consideration of construction and location shall include the feasibility of connecting other customers to the distribution system. An easement stipulating location and condition of use by others will be furnished to the city by the customer. (Ord. 1047 § 1, 1987; Ord. 796 § 9(A), 1979).

13.08.100 Underground distribution installation on private property.

A. When the length of service exceeds capabilities of servicing by a secondary connection, then primary distribution shall be installed. The customer shall pay for the following items based upon the city’s cost of materials at the time of purchase:

1. Conductor, per foot: from pole top to transformer;

2. Pad-mount transformers:

a. Residential development: shall pay the entire cost of transformers, to include vaults, and hardware;

b. Commercial development: shall pay the entire cost of transformers, to include vaults, and hardware;

3. Transformer pad;

4. Trenching and backfill at time and material plus inspection (the customer may be required to trench and backfill);

5. Conduit:

a. Primary from pole to transformer;

b. Secondary from the splice box to the meter is the customer responsibility.

B. Before construction, the customer shall provide the city with a feasible location of construction. A consideration of location will be provisions to connect other customers to the distribution system. An easement stipulating location and condition of use by others will be furnished to the city by the customer.

C. All equipment furnished and installed either by the customer or the city shall become and remain the property of the city. (Ord. 1895 § 1, 2016; Ord. 1047 § 1, 1987; Ord. 796 § 9(B), 1979).

13.08.110 Service connection – Overhead or underground requirements.

A. Overhead service, including all necessary equipment, will be furnished and installed by the city from the existing or new pole to the customer’s point of connection, the distance not to exceed 150 feet.

B. The electrical customer will be responsible for the secondary line from the splice box to the meter.

C. Underground service will be optional on services less than 150 feet and shall be required where distance is between 150 feet and the maximum length allowable for secondary conductor, usually not to exceed 260 feet total. (Ord. 1895 § 1, 2016; Ord. 1047 § 1, 1987; Ord. 796 § 10, 1979).

13.08.120 Street light installation.

A. The city will at no cost furnish, install and maintain street lights on existing public right-of-way.

B. The developer will install street lights on streets within the development. The cost of street lights and installation will be borne by the developer.

C. Lighting on private roads and driveways shall be installed and maintained by the owner (exceptions are yard light rentals from the city).

D. The spacing, placement and density of new lighting will generally follow the arrangement of existing lighting on city streets. (Ord. 1047 § 1, 1987; Ord. 796 § 11, 1979).

13.08.130 Meter – Installation – Testing.

A. The city shall have the right to install a meter on every service connection, with or without notice to the customer, which meter shall be installed in accordance with the National Electrical Code. The property owner shall be responsible for the protection of any equipment used to service his property, excepting natural depreciation.

B. Any customer protesting that the meter on his premises is not registering correctly may apply to the electric department for a meter test. The meter shall be tested by an accredited laboratory and test results furnished. In the event the meter is in good order, applicant shall pay the cost of the test, plus $100.00 for delivery and labor. If the meter is in bad order, it shall be paid for by the electric department.

C. In case a service is without a meter for a period of time, the bill shall be estimated based upon previous consumption.

D. If a meter does not function or operate correctly due to faulty wiring on the part of the customer, the consumer shall correct said faulty wiring within 10 days, or the service will be discontinued.

E. A single phase 200 amp, 120/240 volt meter will be furnished by the city for each connection. If the customer requires any other type of a meter they will pay the difference in the cost of the meter.

F. The meter shall be installed at a location approved by a representative of the city. The meter shall be accessible at all times. (Ord. 1895 § 1, 2016; Ord. 1047 § 1, 1987; Ord. 796 § 12, 1979).

13.08.140 Rearrangement of equipment – Changes.

Whenever it becomes necessary for the benefit of any customer or person to move, remove, change, rearrange, and/or disconnect any wires, poles, or equipment belonging to the city, the cost of labor and materials plus 15 percent overhead shall be charged to the customer or person requesting the work to be done. The minimum fees shall be $25.00. (Ord. 796 § 13(A), 1979).

13.08.150 Rearrangement of equipment – Special service.

If any special service of any type is required, which, in the opinion of the city is not permanent or is special in its nature, a proper charge shall be made for the cost of labor and material involved at the discretion of the city. (See MMC 13.08.010(J).) (Ord. 796 § 13(B), 1979).

13.08.160 City nonliability for damage – Defective wiring and appliances.

The city shall not be liable for any damages by fire or other cause resulting from defective wiring or appliances on the premises supplied with such electric current. The fact that the agents of the city may be inspecting the wiring and appliances shall not be pleaded as a basis for recovery in any case of damage to persons or property from defective wiring or appliances installed on such premises. (Ord. 796 § 14, 1979).

13.08.170 Interference with poles or structures prohibited – Unauthorized connections or modifications prohibited.

A. It is unlawful for any person to in any manner interfere, change, injure, mutilate, destroy, or to fasten paper boxes, posters, or to drive nails into any pole, or to remove, disconnect, or tamper with any of the machinery, poles, wires, meters, underground ducts, structures, cables, or other equipment or appliances belonging to the city or in any manner connected with the electrical system of the city. Exceptions are cable television and telephone.

B. It is unlawful for any person, other than a duly authorized employee of the electric department, acting under the authority of the city, to connect any house, premises, wires, or other appliances with the city’s electric circuits for the purpose of securing electric current therefrom or for any other purpose whatsoever.

C. If the seal of the electric department’s meter is broken, or if the meter from any cause does not properly register the actual power used, the consumer shall be charged with a consumption estimated by the department and the bill rendered accordingly. Any person guilty of breaking any seal without authority of the department will be guilty of a misdemeanor and shall be punished accordingly.

D. It is unlawful for any person to modify or change any of the electrical system within the building or premises without first obtaining a permit. Failure to obtain a permit will constitute grounds for disconnection of service, and in the event additional load resulted by reason of modifying or changing the electrical system without informing the city through the permit structure, and that additional load causes damage to the city’s equipment, that person shall be liable to the city for the damages. (Ord. 796 § 15, 1979).

13.08.180 Meter placement.

All meters shall be placed in a readily accessible location on the outside wall of the structure. Exceptions are condominiums, apartment houses, and hotels. No master metering of dwelling units will be allowed. (Ord. 796 § 16, 1979).

13.08.190 Meter installation – Inspections required when.

A. The meter sockets shall be located not less than five feet and not more than six feet above final grade.

B. The customer shall furnish and install all wiring and equipment exclusive of the watt-hour meter, in accordance with the latest edition of the National Electrical Code as amended and the electrical code of the city of Tacoma as amended.

C. All inspections shall be required and conducted by Tacoma Power. All conditions as may apply under Chapter 19.28 RCW shall be followed.

D. The city shall not energize any service or equipment that in their opinion is an unsafe condition, nor shall they energize any service until it has posted approval of Tacoma Power.

E. The city shall have the right at any time to disconnect the service from any customer, where, in the opinion of the city, there is evidence of an unsafe and dangerous condition. Service will not be restored until the corrections are made and, if necessary, approval by Tacoma Power. (Ord. 1422 § 1, 1999; Ord. 820 § 2, 1980; Ord. 796 § 17, 1979).

13.08.200 Electric motor specifications.

A. The customer must install and maintain, at all times, adequate relays or other protective equipment to protect any and all motors against low voltage and for three-phase motors against single-phasing operation also. The customer’s failure to comply with these requirements shall absolve the city from any responsibility for loss or damage resulting therefrom.

B. No single-phase motor of over three-fourths horsepower shall be connected for 120-volt service.

C. Where three-phase service is available, the aggregate motor load on single-phase service shall not exceed five horsepower, except by written consent of the city.

D. Reduced voltage type starting compensators will be required for all motors of seven and one-half horsepower and larger, except by written permission of the city where absence of such compensators will not cause objectionable voltage fluctuations on a customer’s service.

E. If a single-phase transformer or resistance type spot, seam, or arc welding machine is connected to the power system, the customer shall pay for the installation of a transformer to service this load. This transformer will be isolated from all other services so as not to cause undue flickering or disturbances to other customers. A separate meter will be installed and billing will be on the commercial rate. (Ord. 796 § 18, 1979).

13.08.210 City nonliability for damages – Power interruption or disturbed supply.

The city will use reasonable diligence to provide a regular and uninterrupted supply of current, but in case the supply of current should be interrupted or disturbed for any cause, the city shall not be liable for personal injuries or property damage or any damage whatsoever resulting therefrom, nor will such failure constitute a breach of agreement for service. (Ord. 1475 § 1, 2001; Ord. 796 § 19, 1979).

13.08.220 Customer maintenance of wiring and appliances required.

The customer shall at all times keep his wiring and appliances in such condition that they can be used for the purpose set forth in his application without causing damage, delay or loss to the city or to others. The department shall have the right to disconnect or refuse electric energy to machinery or apparatus that, in the opinion of its representatives, is detrimental to the rendering of good and satisfactory service to its other customers. (Ord. 796 § 20, 1979).

13.08.230 Electric department right of entry.

The electric department or its authorized agent shall have free access at reasonable times to any and all premises furnished with electric service by the department for the purpose of inspecting any wires or electrical devices on said premises, reading or installing meters, removing or repairing any property of the department, or for any other reasonable purpose in connection with the operation of the electrical system of the city. (Ord. 796 § 21, 1979).

13.08.240 Removal of trees or obstructions interfering with equipment required.

A. The customers must at all times remove any trees or shrubs or other obstructions of any kind or nature interfering with the electrical service wires, meter or any part of the distribution system. Said meter shall at all times be kept free from obstruction and readily accessible to the meter reader, and the path to the meter shall likewise at all times be kept free from obstruction. In the event this is not done after 30 days’ written notice to the customer by the city directing the attention of the customer to the objectionable conditions and upon the failure of the customer to correct said condition, the service meter may at the opinion of the city be removed and service disconnected until the objectionable condition has been corrected by the customer.

B. All trees overhanging city streets or rights-of-way shall be kept at least four feet from secondary lines by the owner of the property on which such trees are growing. Nonqualified customers or contractors shall not perform any work on or near energized high voltage conductors or equipment and shall not come within the minimum approach distance of the energized lines or equipment, except under the provisions of a work clearance. The city of Milton will provide 10 feet of clearance for nonqualified contractors or customers to safely trim or remove trees to maintain a safe work clearance from high voltage lines or equipment. Property owners shall be held liable for any damage caused by said trees that are allowed to grow in violation of this provision. Property owners shall be notified in writing to remove trees or cut back overhanging foliage from trees which do not comply with the requirements of this section. In the event such property owners fail or refuse to move or cut back said trees after receipt of such written notice, the electric department shall remove said obstructions, and the cost of such removal shall be assessed against the owner of the property upon which such tree or trees and foliage are situated. In the further event that said condition creates a hazard dangerous to life or property, the said obstruction shall be removed immediately and without notice to the customer. The electric department shall notify the owners of the property on which there are trees deemed by the electric department to be unsafe and dangerous and likely to cause damage to the transmission distribution system of the city due to the excessive height or other conditions of the said trees, and the electric department shall on such notice, if it deems proper and necessary, request the pruning or removal of said trees. In the further event of the failure or refusal of the property owner to comply with the notice and request of the electric department relative to said dangerous trees or any parts thereof upon the transmission or distribution lines of the city causing damage thereto, the cost of such damage shall be assessed against the owners of the property upon which such trees are situated. (Ord. 1927 § 1, 2017; Ord. 796 § 22, 1979).

13.08.250 Control of equipment vested in electric department.

The ownership of and control over all distribution lines and extensions thereof, service wires, meters, and appurtenant equipment connected with the electrical distribution system shall be vested solely in the electric department of the city, and in no case shall an owner, agent, officer, or employee of any premises have the right to claim, remove, or change any part thereof without the approval of the electric department. (Ord. 796 § 23, 1979).

13.08.260 Separate meters required when.

Each unit defined under subsection A of MMC 13.08.010 shall have a separate electric meter, except in the case of a hotel or motel. A hotel or motel may have one meter for all units. Cabin complexes or resorts may have one meter for all units at the discretion of the electric utility department. (Ord. 796 § 24, 1979).

13.08.270 Turnon and turnoff charges.

A. All fees will be based on the latest fee ordinance.

B. When service is shut off for nonpayment, services will not be activated until the bill is paid in full or arrangements have been made for timed payments. (Amended at city’s request, 2/9/84; Ord. 940 § 1, 1983; Ord. 845 § 1, 1980; Ord. 796 § 25, 1979).

13.08.280 Electric utility – Regular and commercial service rates.

A. Rates and charges for residential, schools, churches, apartments, and other accounts not covered by commercial rates are as follows:

	Rate as of 6/1/2019	Rate as of 6/1/2020	Rate as of 6/1/2021	Rate as of 6/1/2022	Rate as of 6/1/2023
Base Rate	7.78	8.41	9.10	9.82	10.58
KW Hour – Residential	0.0728	0.0786	0.0850	0.0918	0.0989

B. Commercial rates and charges for all uses not listed in subsection A of this section are as follows:

	Rate as of 6/1/2019	Rate as of 6/1/2020	Rate as of 6/1/2021	Rate as of 6/1/2022	Rate as of 6/1/2023
Commercial Base Rate	16.22	17.53	18.95	20.46	22.04
Booster Stations Electric	24.12	26.07	28.18	30.44	32.78
100-Watt Yard Light Electric	11.69	12.63	13.66	14.75	15.88
200-Watt Yard Light	12.00	12.97	14.02	15.14	16.31
400-Watt Lights	28.30	30.59	33.07	35.72	38.47
Charges for Each KW Hour – Commercial	0.0804	0.0869	0.0940	0.1015	0.1093
Base Rate – Senior/Disabled	5.45	5.89	6.37	6.88	7.41
SR/Disabled Charge for Each KW Hour	0.0509	0.0551	0.0595	0.0643	0.0692
Low-Income SR/Disability Yard Light	8.51	9.20	9.94	10.74	11.56

C. Charges for opting out of advanced metering systems (“smart meters”) are as follows:

	Rate as of 6/1/2019	Rate as of 6/1/2020	Rate as of 6/1/2021	Rate as of 6/1/2022	Rate as of 6/1/2023
One-time processing fee for smart meter “opt out”	100.00	108.10	116.86	126.20	135.92
Monthly charge for manual read – smart meter “opt out”	15.00	16.22	17.53	18.93	20.39

D. On the June billing of each year from 2019 through 2023, the rates established in this section shall be adjusted according to the rates noted. (Ord. 1964 § 1, 2019; Ord. 1940 § 1, 2018; Ord. 1918 § 1, 2017; Ord. 1895 § 1, 2016; Ord. 1891 § 1, 2016; Ord. 1867 § 5, 2015; Ord. 1738 § 1, 2009; Ord. 1546 § 1, 2002; Ord. 1496 § 1, 2001; Ord. 1371 § 1, 1998; Ord. 941 § 1, 1983; Ord. 909 § 1, 1982; Ord. 796 § 26, 1979).

13.08.281 Findings.

The city council finds that it is in the public interest to:

A. Encourage private investment in renewable energy resources;

B. Stimulate the economic growth of this city; and

C. Enhance the continued diversification of the energy resources used in this city. (Ord. 1919 § 2, 2017).

13.08.282 Available on first-come, first-served basis – Interconnected metering systems allowed – Charges to customer-generator.

A. The city’s electric utility:

1. Shall offer to make net metering available to eligible customers-generators on a first-come, first-served basis until the cumulative generating capacity of net metering systems equals one-half percent of the utility’s peak demand during 1996. Not less than one-half of the utility’s 1996 peak demand available for net metering systems shall be reserved for the cumulative generating capacity attributable to net metering systems that generate renewable energy;

2. Shall allow net metering systems to be interconnected using a standard kilowatt hour meter capable of registering the flow of electricity in two directions;

3. Shall charge the customer-generator a minimum monthly fee that is the same as other customers of the electric utility in the same rate class, but shall not charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge unless the commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, determines, after appropriate notice and opportunity for comment that:

a. The electric utility will incur direct costs associated with interconnecting or administering net metering systems that exceed any offsetting benefits associated with these systems; and

b. Public policy is best served by imposing these costs on the customer-generator rather than allocating these costs among the utility’s entire customer base.

B. The customer-generator is responsible for the purchase of the production meter and software. (Ord. 1919 § 2, 2017).

13.08.283 Net energy measurement – Required calculation – Unused credit – Meter aggregation.

Consistent with the provisions of Chapter 80.60 RCW, the net energy measurement must be calculated in the following manner:

A. The city shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

B. If the electricity supplied by the city’s electric utility exceeds the electricity generated by the customer-generator and fed back to the electric utility during the billing period, the customer-generator shall be billed for the net electricity supplied by the electric utility, in accordance with normal metering practices.

C. If electricity generated by the customer-generator exceeds the electricity supplied by the electric utility, the customer-generator:

1. Shall be billed for the appropriate customer charges for that billing period, in accordance with MMC 13.08.280 or 13.08.285 except the kilowatt hour charges; and

2. Shall be credited for the excess kilowatt hours generated during the billing period, with this kilowatt hour credit appearing on the bill for the following billing period.

D. The city shall provide meter aggregation.

1. For customer-generators participating in meter aggregation, kilowatt hour credits earned by a net metering system during the billing period first shall be used to offset electricity supplied by the electric utility.

2. Not more than a total of 100 kilowatts shall be aggregated among all customer-generators participating in a generating facility under this subsection.

3. Excess kilowatt hour credits earned by the net metering system, during the same billing period, shall be credited equally by the electric utility to remaining meters located on all premises of a customer-generator at the designated rate of each meter.

4. Meters so aggregated shall not change rate classes due to meter aggregation under this section.

E. On April 30th of each calendar year, any remaining unused kilowatt hour credit accumulated during the previous year shall be granted to the electric utility, without any compensation to the customer-generator. (Ord. 1919 § 2, 2017).

13.08.284 Safety, power quality, and interconnection requirements – Customer-generator’s expense – Commission may adopt additional requirements.

A. A net metering system used by a customer-generator shall include, at the customer-generator’s own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the National Electrical Code, National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories.

B. The city, after appropriate notice and opportunity for comment, may adopt by regulation additional safety, power quality, and interconnection requirements for customer-generators, including limitations on the number of customer-generators and total capacity of net metering systems that may be interconnected to any distribution feeder line, circuit, or network that the commission or governing body determines are necessary to protect public safety and system reliability.

C. The city will not require a customer-generator whose net metering system meets the standards in subsections A and B of this section to comply with additional safety or performance standards, perform or pay for additional tests, or purchase additional liability insurance. However, an electric utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metering system, or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party. (Ord. 1919 § 2, 2017).

13.08.285 Rates for senior citizens.

Low income senior citizens and low income disabled persons shall receive a 30 percent discount from the residential base rate listed above. Such discount is only applicable to residential customers. (Ord. 1891 § 2, 2016; Ord. 1867 § 6, 2015).

13.08.300 Notice required for service discontinuance – Charge doubled when.

Any consumer desiring to discontinue service shall give the office notice 24 hours in advance. Any request for turnon or turnoff on a weekend or legal holiday will have the normal charge doubled. (Ord. 796 § 27, 1979).

13.08.310 Yard light rentals.

The city will install, own and maintain the fixture and pole, if a pole is required. Rental rates are identified in MMC 13.08.280, as may be amended from time to time. (Ord. 1895 § 1, 2016; Ord. 796 § 29, 1979).

13.08.320 Applicability to street lights.

Street lights are under the jurisdiction of the electric department and are covered by this chapter. (Ord. 796 § 28, 1979).

13.08.330 Council rulemaking authority.

The council of the city reserves the right to make rules and regulations and pass resolutions covering any meter, subject, or condition in the maintenance and operation of the electric department which is not inconsistent with this chapter. (Ord. 796 § 30, 1979).

13.08.340 Violation – Penalty.

Any person violating any of the provisions relating to the rate schedules, general provisions and customer service policies governing the sale of electric energy shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as set forth in Chapter 1.08, and in addition to the penalty provided in this section, the service to the premises of any person found guilty of violating these provisions shall be disconnected. The person violating same shall be liable for all damages resulting and for all energy used by reason of such violation. (Ord. 796 § 33, 1979).

Prior legislation: Ord. 329.