Chapter 12.08
ELECTRICAL RATES AND REGULATIONS
Sections:
12.08.015 High density load prohibition.
12.08.020 Addition of electrical equipment to service.
12.08.040 Connections and disconnections.
12.08.045 After-hours callouts.
12.08.050 Delinquent accounts.
12.08.055 Energy assistance programs.
12.08.065 Optional budget plan.
12.08.070 Interruption of service.
12.08.120 Location of service and metering equipment.
12.08.140 Payment to city for repairs.
12.08.010 Application.
Application for electric energy shall be made to and upon forms furnished by the clerk-treasurer, shall be signed by the applicant, and shall give location of the premises to be served and the schedule applicable to the applications, and upon the acceptance by the city it shall constitute a contract by and between the city and the applicant by which the city agrees to furnish and the applicant to accept electric energy as specified under the terms and conditions as prescribed by this chapter and any amendatory or subsequent chapters.
No promise, agreement or representation of any employee or agent of the city with reference to the furnishing of electric energy shall be binding on the city unless same shall be in writing signed by an authorized agent of the city as provided by this chapter and approved by the city council. (Ord. 556 § 1, 1956)
12.08.015 High density load prohibition.
“High density load” shall mean any customer or user:
(a) With a load or service demand equal to or in excess of six hundred amps;
(b) That includes a data center, server farm or cryptocurrency mining operation or similar activity; or
(c) Anticipated to have, or who does have, a maximum monthly service demand greater than twenty-five thousand kWatt hours.
All high density load users or services shall indicate on the city request for service form that they meet the definition of a high density load as defined herein. Failure to accurately disclose that a proposed user or service meets the definition of a high density load shall be grounds for immediate termination of service.
All high density load users and/or service demands shall be prohibited unless first approved by the city council through a special service agreement that provides (1) that arrangements have been made and paid for by the user to secure the city’s electrical system and facilities so that the high density load shall not impact the remainder of the city system, (2) the user pays for any additional costs of power and service borne by or imposed upon the city related to the additional demand placed on the city for power that would not have existed but for the high density load user, (3) the user provides cash deposits, insurance and/or adequate bonding in a form and amounts approved by the city to provide assurance of the payment of rates and charges, financial security for any damage to the city system that could potentially be caused by the high density load user, and to cover other potential costs that could be imposed upon or incurred by the city, and any other terms and conditions deemed reasonably necessary by the city council to protect the city, and the public health, safety and welfare of the city and its residents.
For purposes of this section:
“Cryptocurrency mining” means the operation of specialized computer equipment for the primary purpose of mining one or more blockchain based cryptocurrencies such as Bitcoin. This activity typically involves the solving of algorithms as part of the development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware; high density load (HOL) electricity use; a high energy use intensity (EUI) where the operating square footage as determined by the utility is above 250kWh/fr"2/year and with a high load factor in addition to the use of equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers.
“Data center” or “server farm” means networked computer(s) and/or server(s) typically used for the remote storage, processing, or distribution of large amounts of electronic data. (Ord. 1749 § 1, 2019)
12.08.020 Addition of electrical equipment to service.
It is unlawful to add any additional electrical equipment requiring electric energy to the service installed as of original application without first obtaining permission from the city light department. Any violation of this section shall be a misdemeanor. (Ord. 556 § 2, 1956)
12.08.030 Schedule of rates.
The rates of schedules one, three, and five are based upon the supply of service to the entire premises through a single delivery and metering point at a single voltage. The monthly energy charge rate of schedule seven is based upon the total amount of energy supplied to the entire premises, regardless of whether that total is supplied through a single meter or through multiple meters.
(a) Schedule One—Residential Rate.
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Monthly basic charge: |
$5.50 per month |
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Consumption rate(s): |
$0.0848 per kWh |
(b) Schedule Three—Public Authority and Small Commercial and Industrial Rate. Public authority includes any facility, agency, or unit established by or a part of federal, state, county, or municipal governments using electricity as provided by the city. Small commercial and industrial establishments are all those not subject to schedule seven.
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Monthly basic charge: |
$5.50 per month |
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Consumption rate(s): |
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First 5,000 kWh per month |
$0.0848 per kWh |
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Over 5,000 kWh per month |
$0.0922 per kWh |
(c) Schedule Five—City Services. $0.0535 per kWh.
(d) Schedule Seven—Large Industrial and Commercial Users. For customers with minimum average monthly consumption of seventy-five thousand kWh and accepting three-phase service at city standard primary voltage of twelve thousand four hundred seventy/seven thousand two hundred volts. The customer is responsible for all equipment costs beyond the distribution voltage.
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Monthly basic charge |
$257.95 |
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Consumption rate(s): |
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Monthly demand charge |
$5.86 per kWh |
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Monthly energy charge |
$0.0639 per kWh for first 435,000 kWh per month; and |
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$0.0592 per kWh in excess of 435,000 per month. |
The customer is responsible for minimizing reactive power consumption. The following reactive power charges shall be charged to the customer for excess reactive power consumption. They are based on the absolute values used and are not net values. Should the city not be charged a reactive power penalty by BPA, the city shall waive the reactive power charges.
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Lagging reactive demand in excess of reactive deadband during heavy load hours |
8.28 cents per kVar |
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Leading reactive demand in excess of reactive deadband during light load hours |
6.21 cents per kVar |
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Lagging reactive energy in excess of reactive deadband during heavy load hours |
0.055 cents per kVar-hour |
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Leading reactive energy in excess of reactive deadband during light load hours |
0.055 cents per kVar-hour |
Heavy load hours and light load hours are as defined by BPA. The reactive deadband for each billing period prior to September 30, 1999, is based upon the customer’s maximum measured hourly power demand in excess of 0.95 power factor. The reactive deadband for each billing period after September 30, 1999, is based upon the customer’s maximum measured hourly power demand in excess of 0.97 power factor. Reactive demand may be ratcheted by BPA for a period of as much as two years and eleven months. If such a ratchet occurs, the customer under this rate shall pay its proportional share of the ratcheted amount during the ratcheted period.
All electric rates will be charged against the premises for which the service was installed. All charges for electricity, when the same become delinquent and unpaid, shall be a lien against the premises to which the same has been furnished and be enforced as provided by the laws of the state of Washington. (Ord. 1796 § 1, 2022; Ord. 1712 § 1, 2017: Ord. 1665 § 1, 2015: Ord. 1651 § 1, 2015: Ord. 1368 §§ 1, 2, 2003: Ord. 1335 §§ 1, 3, 2001: Ord. 1308 § 2, 2000: Ord. 1277 § 1, 1999: Ord. 1180 § 1, 1996; Ord. 1037 § 1, 1991; Ord. 951 § 1, 1987; Ord. 908 § 1, 1985; Ord. 837 § 1, 1982; Ord. 821 § 1, 1981; Ord. 808 § 1, 1981; Ord. 784 § 1, 1979; Ord. 764 § 1, 1978: Ord. 733, 1976; Ord. 669 § 1, 1969; Ord. 622, 1963; Ord. 556 § 3, 1956)
12.08.035 Net metering.
Customers of the city’s electrical utility may receive credit for electricity they produce using their own generating system on a first come, first served basis until the cumulative generating capacity of net metering systems equals one-half percent of the utilities peak demand during 1996. The maximum size of any customer’s generating system shall be limited to twenty-five kW and the credit rate for the city’s buy back shall be two-thirds of the city’s lowest energy rate for the applicable year during which the electricity was produced. The terms and conditions for any such credit shall be set forth in an agreement entered into with the city.
Customers wishing to receive credit for electricity they produce using their own generating systems shall complete and submit an application acceptable to the city for interconnecting a generating facility. Customers whose applications are approved shall enter into a net metering interconnection agreement with, and approved by, the city. (Ord. 1690 § 1, 2016)
12.08.040 Connections and disconnections.
Any consumer wishing service connected or disconnected shall notify the city clerk-treasurer at least twenty-four hours in advance.
There shall be a thirty-dollar reconnection charge payable in advance for reconnecting services where service is discontinued for reason of delinquent account.
The reconnect fee for four hundred amp or larger electrical services shall be set at one hundred dollars.
At any time a meter reading is requested between regular billing periods, a charge of ten dollars shall be made for such reading. Said charge may be added directly to the utility bill applicable to the premises served by the meter.
The applicable minimum shall be charged regardless of kilowatt hours used except that there shall not be more than one minimum charge on the same meter in any one billing period.
All meters are the property of the city, unless otherwise specified. (Ord. 1476 § 1, 2007: Ord. 759 § 1, 1978; Ord. 556 § 4, 1956)
12.08.045 After-hours callouts.
In addition to any other applicable fee or charge, there shall be a callout fee of one hundred ten dollars or actual costs, whichever is greater, for any request to reconnect service if said reconnection is made at any time other than normal working hours. (Ord. 1476 § 2, 2007)
12.08.050 Delinquent accounts.
If any residential consumer’s account is not paid in full on or before the due date, the utility billing clerk shall notify the consumer by written notice that a five dollar penalty will be added to the amount of the bill at eleven a.m. on the last business day of the month in which the payment was due, and that if payment in full of the past due balance, including the penalty, is still not received by the second Tuesday after the penalty date by eleven a.m., the electrical service shall be discontinued. Service shall not be reconnected until the delinquent account, the penalty, and the reconnection charge are paid in full. If the consumer has not called to make arrangements to pay by eleven a.m. on the last business day of the month in which the payment was due, the utility billing clerk shall add the five dollar penalty to the amount of the bill.
If any commercial or industrial consumer’s account is not paid in full on or before the due date, the utility billing clerk shall notify the consumer by written notice that a five dollar penalty will be added to the bill at eleven a.m. on the last business day of the month that the payment was due. The utility billing clerk will then add a five dollar penalty to the amount of the bill on the last day of the month that the bill was due if the delinquent amount has not been paid.
The utility billing clerk shall have discretion regarding crediting accounts for mischarged penalties.
If the account past due balance is not paid in full by the second Tuesday after the penalty date at eleven a.m., the utility billing clerk shall furnish the names of all delinquent accounts to the electrical linemen and service shall be discontinued immediately. Service shall not be reconnected until the delinquent account, the penalty, and the reconnection charge are paid in full.
Any person having a delinquent account shall not receive service at any subsequent location, nor shall they receive service through use of the name of another until such delinquent account is paid in full. (Ord. 1813 § 1, 2024; Ord. 1618 § 2, 2013: Ord. 1604 § 2, 2012: Ord. 1310 § 2, 2000: Ord. 1284 § 1, 1999: Ord. 758 § 1, 1978; Ord. 556 § 5, 1956)
12.08.055 Energy assistance programs.
(1) Electric Base Fee Waiver.
a. The electric base fee waiver shall be available to all qualifying households, allowing the residential electric base fee to be waived at its current rate, as established in Section 12.08.030, Schedule of rates.
b. Eligibility criteria shall be based on the annual household income, which shall not exceed two hundred percent of the federal poverty level or eighty percent of the area median income, whichever is greater, as established by the U.S. Department of Health and Human Services and updated each year by the Federal Census Bureau.
c. A qualifying household will be established by means of an application made to the utility billing clerk, which shall be updated annually in June, and all applicants must be the utility bill account holder.
d. Proof of adjusted gross income for the prior year shall be used as criteria to establish eligibility.
(2) Senior Electric Discount Program.
a. The senior electric discount program shall be available to all persons age sixty-two or older, and the allowable discount shall be five percent of the monthly electric charges.
b. Eligibility criteria shall be based on the applying person’s age being sixty-two years or older, and the annual household income, which shall not exceed two hundred percent of the federal poverty level or eighty percent of the area median income, whichever is greater, as established by the U.S. Department of Health and Human Services and updated each year by the Federal Census Bureau.
c. A qualifying person will be established by means of an application made to the utility billing clerk, which shall be updated annually in June, and all applicants must be the utility bill account holder.
d. Proof of current age and adjusted gross income for the prior year shall be used as criteria to establish eligibility.
(3) Electric Bill Donation Recipient Program.
a. Donations received by the city of Sumas, for the purpose of reducing electric bills, shall be held in a donation fund, by the city, until December of each year. In December all funds will be disbursed equally to all qualifying households.
b. Eligibility criteria shall be based on the annual household income, which shall not exceed two hundred percent of the federal poverty level or eighty percent of the area median income, whichever is greater, as established by the U.S. Department of Health and Human Services and updated each year by the Federal Census Bureau.
c. A qualifying household will be established by means of an application made to the utility billing clerk, which shall be updated annually in June, and all applicants must be the utility bill account holder.
d. Proof of adjusted gross income for the prior year shall be used as criteria to establish eligibility. (Ord. 1815 § 1, 2024)
12.08.060 Deposits.
(a) Before electric current shall be connected to any occupancy not owned by the consumer, a cash deposit shall be made to the city clerk-treasurer.
The deposits shall be equal to two months usage during the highest usage period of the preceding year (winter months), with a minimum deposit of fifty dollars and a maximum deposit of two hundred fifty dollars.
(b) When there is new construction and no usage has been established, the deposit shall be one hundred dollars.
(c) Payments may be established for paying a light deposit at the discretion of the city clerk-treasurer and the landlord.
The deposit shall be required by every renter, except at the discretion of the landlord and the city clerk-treasurer.
Electrical services will be terminated for nonpayment of a required deposit. (Ord. 989, 1989: Ord. 763, 1978: Ord. 556 § 6, 1956)
12.08.065 Optional budget plan.
An optional budget plan for payment of utility accounts may be entered into by mutual agreement between the city and its utility consumers. The following points are conditional to the agreement:
(1) By mutual agreement with the city, the consumer will pay a flat-rate electrical charge to be determined by an average of the previous twelve-month kilowatt consumption plus ten percent.
(2) The program will be initiated with May billings on a yearly basis. April will be the adjustment month.
(3) The program will be offered to anyone that has been a customer of one year.
(4) An agreement to this method must be signed by the consumer and kept on file in the office of the city clerk-treasurer. (Ord. 1113, 1994)
12.08.070 Interruption of service.
The city shall not be liable for interruption of service for any reason. In case any meter fails to register, the monthly consumption shall be estimated by the superintendent on the basis of one-third of the sum of the preceding three months’ consumption. (Ord. 556 § 7, 1956)
12.08.080 New service.
For new residential, commercial, and industrial service, in addition to any other applicable charges or costs, there shall be a connection charge for the actual costs of connection, including but not limited to all labor, materials (including transformers) and equipment used.
For new large industrial service over seventy-five thousand kwh, in addition to any other applicable charges or costs, there shall be a connection charge for one hundred percent of the actual costs of connection, including but not limited to all labor, materials (including transformers) and equipment used. (Ord. 1510 § 1, 2008: Ord. 1476 § 3, 2007: Ord. 1046 § 1, 1991; Ord. 1014 § 1, 1990: Ord. 990 § 1, 1989; Ord. 928 § 1, 1986; Ord. 884 (part), 1984; Ord. 836 § 1, 1982: Ord. 556 § 8, 1956)
12.08.090 Temporary service.
A. Residential. In addition to any other applicable charges or costs, there shall be a connection charge of one hundred ten dollars paid by the customer to the city for connection of temporary electrical service to residential users.
B. Commercial and Industrial. In addition to any other applicable charges or costs, there shall be a connection charge of one hundred ten dollars plus actual costs paid by the customer to the city for connection of temporary electrical service to commercial and industrial users. (Ord. 1479 § 1, 2007: Ord. 556 § 9, 1956)
12.08.100 Existing service.
No charge shall be made for changing, altering or increasing the capacity of any service except in cases where changing existing services at the customer’s request shall involve excess service costs as designated above in Section 12.08.080. (Ord. 556 § 10, 1956)
12.08.110 Moving wires.
Whenever it becomes necessary for wires or other light department equipment to be removed, cut, or taken down, when the same is not done in the normal operation of the light department, a charge shall be made by the department, to the person or persons making the request. When such request is made of the department the superintendent shall estimate labor and equipment costs and a deposit of such amount shall be paid to the city clerk-treasurer prior to moving said wires or electrical equipment. Any portion of the deposit above actual costs shall be promptly refunded. (Ord. 556 § 11, 1956)
12.08.120 Location of service and metering equipment.
The type, size and location of metering equipment shall be at the designation and option of the city light department. All meters and load control devices shall be located on the outside of buildings and no future construction shall cover or obstruct the accessibility of such meters or devices. If, because of future construction or the consumer’s request, it becomes necessary to move meters, control devices or services, it shall be at the consumer’s expense.
The customer shall provide a satisfactory location to attach the department’s service wires, for which the department shall furnish the service wire insulators and connectors as part of the service.
The city light department shall furnish all meters, current or potential transformers, and load-control devices.
All other material attached to buildings or service poles, including meter sockets and instrument transformer enclosures, shall be furnished by the consumer. (Ord. 556 § 12, 1956)
12.08.140 Payment to city for repairs.
Should any electrical consumer within the city request the city’s aid or help in relation to an electrical problem and the city elects to accept and respond to said request, the consumer shall be responsible for all reasonable and necessary costs and expenses incurred by the city (including overtime rates for labor where applicable) in relation to repairs, installation, connections and/or maintenance to the consumer’s electrical lines and facilities where such work and repairs would normally be the consumer’s responsibility to correct. (Ord. 902 § 1, 1985)