Terms & Conditions

The PUD's General Terms, Conditions, Rules and Regulations for Service

General Terms, Conditions, Rules and Regulations for Electric Service

1. Scope

1.1. The following General Terms, Conditions, Rules and Regulations for Electric Service (General Terms) have been adopted by the Board of Directors of Columbia River People's Utility District (PUD) in accordance with the PUD's mission of: Providing quality services at the lowest practical cost. These General Terms apply to every Customer receiving Electric Service from the PUD. It is the intent and purpose of these General Terms to provide a helpful guide to the Customer and employees, to achieve efficient and safe Electrical Service and to insure that Customers receive fair and equitable treatment. These General Terms are subject to revision by the Board of Directors to meet the spirit and intent of the PUD's mission.

1.2. The PUD reserves the right to refuse to connect or may disconnect Electric Service for any violation of the General Terms or other rules, including, without limitation, failure to pay Electric Service charges when due, violation of contract provisions, fraud, dangerous or emergency conditions, for theft or illegal diversion of energy, any unauthorized use, or to protect PUD employees, other Customers, PUD property, or the property of others.

1.3. The failure by the PUD to enforce any of the terms of a Rate Schedule or these General Terms shall not be deemed a waiver of its right to do so. The Board of Directors may expressly waive the applicability of any of the General Terms for good cause shown.

2. Definitions

Wherever used in these General Terms, the PUD's electric Rate Schedules, or in any application or agreement for Electric Service, the following terms shall have the meanings given below, unless otherwise stated:

2.1. Actual Cost: The amount charged by the PUD for the cost of materials, labor, overhead, transportation, acquisition and clearing of right-of-way, permits, legal fees and any other costs incurred.

2.2. Billing Period: The interval between successive meter reading dates for billing purposes, generally one month or approximately 30 days, as established by the PUD.

2.3. Board of Directors (Board): The five member governing body of the PUD, elected by the citizens residing within sub-districts included in the political boundary of the PUD.

2.4. Budget Payment Plan (Plan): A payment plan designed for residential Customers to make their payments the same each month of the year.

2.5. Customer: Any individual, partnership, corporation, organization, governmental agency, political subdivision, municipality or other entity supplied with Electric Service by the PUD. Each location where a Customer receives Electric Service shall be considered a separate Customer for purposes of applying these General Terms.

2.6. Customer Assistance Committee: A committee comprised of one Board member, one staff member and one Customer to assist in the resolution of disputes or complaints.

2.7. Demand: The maximum power delivered during a month measured in kilowatts (kW) averaged over a 30-minute period.

2.8. Electric Service: The availability of electric Energy at the point of delivery for use by the Customer, regardless of whether any Energy is actually used.

2.9. Energy: Electric energy measured in kilowatt-hours (kwh).

2.10. Estimated Cost of Service (Estimate): An estimate, based on prior reasonable experience, of the amount of costs to be incurred by the PUD to provide Electric Service.

2.11. Franchise Fee: The charge levied by a municipality or other governmental authority on the PUD for use by the PUD of the municipality's streets and rights of way.

2.12. Line Extension: The overhead or underground electric facilities required to connect the PUD's existing power line to a Customer's point of delivery. The cost of the Line Extension shall include all poles, primary wiring, secondary wiring, transformer(s), meter(s), right-of-way acquisition, clearing, trenching and backfilling, and any other one-time cost items associated with providing Electric Service to the Customer.

2.13. Net Metering: The difference between the Energy supplied to a Customer by the PUD and the Energy generated by an eligible Customer's Net Metering Facility.

2.14. Net Metering Facility: An eligible electric generating facility meeting all federal, state statutes and regulations, as well as all relevant PUD interconnection requirements that uses solar, wind, fuel cell technology, or water to generate electric Energy.

2.15. Point of Delivery: The point at which the PUD's service wires are attached to the Customer's wiring without regard to the location of the PUD's meter, transformer or other apparatus, unless otherwise designated by a Special Contract.

2.16. Power Factor: The ratio of kilowatt-hours to kilovolt ampere-hours expressed as a percent.

2.17. Premium Temporary Service: Temporary service with rates as established in Rate Schedule 90 – Miscellaneous Charges and Fees.

2.18. Prorata Share: An amount that is divided, assessed or distributed in proportion to the length and cost of an original Line Extension, the portion of the original Line Extension utilized by the new connection, and the number of additional connections made to the original line after it was initially energized.

2.19. PUD: Columbia River People's Utility District.

2.20. Rate Schedule: Tariffs and fees adopted by the Board of Directors from time to time that specify the applicability, character of service, monthly rate, minimum monthly charge, usage rates, adjustments, if any, and other charges and conditions.

2.21. Secondary Service Line: Wire running between two (2) or more PUD facilities at a service voltage, usually 600 volts or less.

2.22. Service Line: Wire between the PUD's facilities and the Point of Delivery at the Customer's building, meter pole, or other structure, usually 600 volts or less.

2.23. Special Contract for Electric Service (Special Contract): An agreement between the PUD and Customer which sets forth the specific arrangements for providing Electric Service to a Customer that may supplement or alter these General Terms.

3. Conflict, Interpretation and Revision

3.1. In case of conflict between any provisions of a Rate Schedule or Special Contract and these General Terms, the provisions of the Rate Schedule or Special Contract shall apply. In a case of conflict between any provisions of a Rate Schedule and a Special Contract, the provisions of the Special Contract shall apply.

3.2. The provision of these General Terms and any provisions of a Rate Schedule or Special Contract shall be interpreted and construed to be compatible to the extent practicable. It is the PUD's intent that its General Terms comply at all times with applicable law. Should applicable law be amended or interpreted contrary to the express language of any provision, that provision shall be interpreted, to the extent possible, so as to be in compliance with applicable law. Further, should any provision of the General Terms be found invalid or without legal effect, that provision shall be disregarded without affecting the remainder of the General Terms.

3.3. The Rate Schedules and these General Terms may be revised, amended, supplemented, or otherwise changed from time to time and such changes, when effective, shall be subject to these General Terms and effective as though originally incorporated herein.

4. Privacy Policy

4.1. The PUD collects information about the Customer so we can serve the Customer and offer products to the Customer. It includes information: the Customer gives us (such as name, address, Social Security number, income); about the PUD services the Customer has (such as account balances) others give the PUD (such as information for credit worthiness from credit reports); and from visits to the PUD website (such as data from web forms, site visit data, and data from web "cookies"). We call this information "Customer Data".

4.2. The only employees who are authorized to have access to customer data are those who need it to do their jobs. This data is protected and kept confidential. We maintain physical, electronic, and procedural safeguards that comply with federal and state regulations to protect customer data.

4.3. The PUD may share the Customer Data described above with other PUD departments and employees. We may share it to serve you or maintain your account, or so that we can tell you about other products or services.

4.4. The PUD may share the Customer Data described herein with other companies that perform services for us or on our behalf. This includes firms that provide mailing or marketing services for the PUD, or develop and maintain software for the PUD. We do this only if applicable federal and state laws allow this disclosure. We may disclose it as permitted or required by law, for example, to law enforcement officials in response to subpoenas, or to prevent fraud.

5. Interruption of Electric Service

5.1. The PUD will use reasonable care and diligence to provide an adequate supply of Energy to all Customers. The PUD does not guarantee uninterrupted service and shall not be liable for personal injuries, property damages, or any other loss or consequential damages resulting from failure to provide Electric Service due to acts of nature or causes reasonably beyond the PUD's control; nor will such failure constitute a breach of agreement for Electric Service.

5.2. The PUD, will not be liable for any injury, loss or damage resulting from power outages due to storm, lightning, system failure, trees, vehicle accidents, low voltage, voltage spikes (power surges) and single phasing, or other events unless due to improper action by the PUD or its authorized employees or representatives.

5.3. The PUD may interrupt service to any Customer for the protection of life or property, for making repairs, changes or improvements in any part of its system for the general good of the service or safety of the public or when in PUD's sole judgment such interruption will prevent or alleviate a condition that jeopardizes the integrity of the PUD system, or will generally aid in the restoration of service.

5.4. Customers should endeavor to determine if an outage is due to their equipment before calling the PUD. If the PUD sends out an employee at the Customer's request, and the PUD determines that the Customer's equipment is at fault, a fee may be charged for the trouble call in accordance with Rate Schedule 90 – Miscellaneous Charges and Fees.

6. Right of Access

6.1. As a condition of providing Electric Service, the PUD shall be granted all necessary permission, rights-of-way and easements over the property of the Customer and the PUD or its agents shall have the right to enter upon the Customer's property as reasonably required for the purpose of reading meters, testing, repairing, maintaining, tree trimming, vegetation management, inspecting, removing or replacing any PUD equipment located thereon. If any PUD equipment is located within a locked enclosure or behind a locked gate, the PUD shall be furnished with a key for access, or may use reasonable means necessary to access PUD equipment.

6.2. Unrestrained animals present a serious safety threat to PUD employees. Should a Customer's animal inhibit or prohibit PUD employee's access to the premises, or interfere in any way with PUD employee's necessary work, the Customer will be notified by mail of the problem and a mutually agreeable permanent solution must be arranged promptly. If a Customer does not comply with such a request, the PUD may disconnect service without further notice.

7. Customer Responsibility for PUD Property

7.1. The Customer shall exercise due care and diligence to prevent damage to PUD property located on the Customer's property including meters, instruments, transformers, services, connections and any other PUD-owned equipment. The Customer shall not place or permit the placement of any building, structure, trees or shrubs within the PUD's right-of-way, or change the grade or other activity that might interfere with the proper operation and maintenance of PUD facilities. The Customer is responsible for contacting the PUD prior to performing any work near PUD equipment.

7.2. The PUD shall have the right at the expiration of Electric Service to remove all of its equipment.

7.3. In the event any PUD property is damaged by the Customer, Customer's guest, or agent, the Customer shall be responsible to reimburse the PUD for the cost of repairs or replacement.

8. Resale of Energy

8.1. Except by express written agreement with the PUD, Energy may not be resold or redistributed by the Customer, and in no case will rates charged exceed the rates charged by the PUD for similar service.

9. Application for Electric Service

9.1. Each prospective Customer may apply for Electric Service either in person, by telephone, or Internet, or on the PUD's website. The delivery of Electric Service by the PUD and its acceptance by the Customer shall be deemed to constitute an agreement and acceptance of the PUD's established Rate Schedules and General Terms.

9.2. For large Energy users (or option -Electric Service in large quantity) or under special conditions, the PUD may require a suitable written agreement or Special Contract. No such agreement, Special Contract, or any modification thereof, shall be binding upon the PUD until executed by its Board of Directors or its designee.

9.3. All prerequisites required by the PUD of the applicant must be satisfied before the Electric Service will be energized.

9.4. All new or existing service equipment must comply with the requirements of the National Electrical Safety Code (NESC), the National Electric Code (NEC) and PUD standards before the Electric Service will be energized.

9.5. Electric Service will not be connected (and existing Electric Service may be subject to disconnection) should a Customer or former Customer owe a delinquent balance while residing at any PUD service address. Rotation of family members' names or roommates' names to avoid payment for service provided is not permitted. In such circumstances, all outstanding charges must be paid in full prior to connection or to avoid disconnection. New Customers may be required to provide proof of residence at a previous address.

10. Assignment

10.1. Subject to these General Terms, all Special Contracts, agreements for Electric Service and agreements for Line Extensions entered into by the PUD shall be binding upon, and oblige, and inure to the benefit of, the successors and assigns, heirs, executors, and administrators, of the Customer.

11. Deposits or Letter of Credit

11.1. In its sole discretion, the PUD may require at any time a deposit as a guarantee of performance by the Customer. The amount of a deposit is included in Rate Schedule 90 – Miscellaneous Charges and Fees. Any deposit amount collected will be refunded to the Customer after establishing an appropriate credit history with twenty four (24) consecutive months of timely payments. Should the Customer terminate service, the deposit will be applied against the closing bill and/or refunded as appropriate.

11.2. At the PUD's discretion, a letter indicating a satisfactory payment history from another electric utility may be accepted instead of a deposit. In the event that a deposit is waived when service is initiated, the PUD retains the authority to require a deposit at any time as described in Section 11.1.

11.3. If a deposit is required, the Customer may pay the deposit in full or elect to pay the deposit in installments. Unless otherwise agreed, equal deposit payments in two (2) installments are required. Failure to pay the required deposit or to make payments in accordance with the terms of the deposit installment may result in disconnection of Electric Service pursuant to Section 15.

11.4. Deposit refunds shall be applied to the Customer's account unless otherwise requested by the Customer. Refunds of closing balances or deposits shall be forwarded by U.S. mail to the Customer's last mailing address as provided by the Customer. Any funds unclaimed by the Customer for six (6) months after the date of termination of services, or when the funds otherwise became payable or distributable, shall become the property of the PUD.

11.5. If a Customer files for bankruptcy, as reasonable security for post-petition faithful performance, the Customer may be required to make a deposit in an amount equal to two times the Customer's highest monthly bill during the preceding twelve (12) month period or all previous months of service, whichever is greater regardless of previous payment history. If the advance payment is not paid as agreed within twenty (20) days, Electric Service may be terminated following the procedures in Section 15.

12. Meter Reading and Billing Period

12.1. Meters will, as nearly as possible, be read on the same cycle date each month, but because of weekends, holidays and difference in the length of calendar months, a variation in reading periods may occur.

12.2. The PUD reserves the right to render bills for a lesser or longer period than the normal monthly interval. If it is not practical to obtain an actual meter reading, billing may be based on estimated readings subject to later correction.

12.3. Customer billing statements shall be forwarded by U.S. mail to the Customer's last mailing address as provided by the Customer or are available for review by accessing the PUD's Account Online on the Internet.

12.4. If a meter has been damaged or destroyed, has stopped registering, or otherwise fails to correctly register Energy usage, the PUD will render a bill based on an estimate of the amount of Energy supplied by using the best available information.

13. Payment of Bills

13.1. All bills shall become due and payable on or before 15 days from date of issuance unless otherwise specified on the bill.

13.2. The PUD shall offer residential Customers a Budget Payment Plan (Plan) designed to make their payments the same each month of the year. To be eligible for the Plan, the residential Customer's account must be current. The monthly payment will be determined by averaging the actual amount of Energy used during the previous 12 months. This amount shall be recalculated periodically to keep budget payments in line with actual costs.

13.3. Customers may make payments at any conveniently located PUD paystation. Various automated payment services are also available to assist Customers in making payments including, PowerPay (automatic bank deduction from the Customers checking or savings account), Electric Charge (VISA or other credit/debit cards accepted by the PUD) or via the Internet using the PUD's Account Online program.

13.4. Customers who are unable to pay their bill for Electric Service and are scheduled to be disconnected for nonpayment may enter into a time-payment agreement to pay the overdue amount over a specified period of time. Terms of the agreement will be negotiated with the Customer in good faith and must be signed by both the Customer and a representative of the PUD.

13.5. Customers submitting a medical certificate are not excused from paying their electric bill. Customers are required to enter into a written time-payment agreement with the PUD where an overdue balance exists and to keep new charges current. Failure to make payments under a time-payment agreement may result in disconnection of Electric Service pursuant to Section 15.

13.6. Financial assistance programs such as Low-Income Energy Assistance Program (LIEAP; administered by the Community Action Team) and the PUD's Customer assistance program, Give Light Offer Warmth (GLOW), may provide financial help to qualified Customers who need help with their bills for Electric Service. Income guidelines for both of these programs are 60% of the Oregon median statewide average income or as required by law.

14. Late Payment Charge on Past Due Accounts and Returned Checks

14.1. A late payment charge shall be applied to all account balances not paid in full each month as specified in Rate Schedule 90 – Miscellaneous Charges and Fees.

14.2. If a Customer's check is returned to the PUD unpaid because of insufficient funds, closed account, or any other reason, the Customer will be charged a NSF bank charge per returned item to cover the bank charges to the PUD and the handling of the returned item pursuant to Rate Schedule 90-Miscellaneous Charges and Fees. If the PUD has two (2) checks from a Customer returned for any reason in any twelve (12) month period, the PUD may require that all future charges be paid in cash only and a deposit may also be required from the Customer.

15. Disconnection of Electric Service and Third Party Notification

15.1. The PUD may disconnect Electric Service for reasons including, but not limited to, the following:

15.1.1. Failure to establish credit by:

15.1.1.1. Failing to pay a deposit or make payments in accordance with the terms of any deposit or payment arrangement; or

15.1.1.2. Providing false identification or verification of identity.

15.1.2. Failure to pay for services rendered, tampering with PUD meters, connections or other equipment, diverting service, other fraud or theft of service. Should any meter be found reconnected by someone other than PUD personnel, Electric Service will be disconnected immediately without notification.

15.1.3. Where facilities provided are deemed unsafe, do not comply with, or are in violation of state, municipal, or NESC, or when the metering equipment has not been relocated to a meter equipment supporting structure following a 30 day written notice.

15.1.4. Where the Customer does not cooperate in providing reasonable access to the meter or other service equipment.

15.1.5. Where a Customer requests the PUD to disconnect service or close an account.

15.1.6. Failure to abide by the terms of any formal or verbal payment agreements.

15.1.7. When dangerous or emergency conditions exist at the Customer's premises.

15.2. The PUD may cancel or terminate any agreement under which Electric Service is being supplied, or disconnect the delivery of Energy, with or without cancellation of the agreement. Such option may be exercised by the PUD at any time a default occurs, and neither delay nor omission on the part of the PUD to exercise such option shall be deemed a waiver of its rights as to any future default.

15.3. Written notice will generally be given to the Customer at least 15 days before disconnection of Electric Service, except in cases of failure to establish credit, unauthorized use of Electric Service, theft or fraud, in which case the PUD may disconnect Electric Service without notice.

15.3.1. The PUD may serve the 15-day notice of disconnection in person or by sending it by first class mail to the last known address of the Customer. Service is complete on the date of mailing or personal delivery.

15.3.2. At least five (5) business days before the proposed disconnection date, the PUD will attempt to telephone, mail or deliver a disconnection notice to the Customer. The notice will inform the Customer that service will be disconnected on or after a specific date and will explain alternatives and assistance that might be available.

15.3.3. Immediately before disconnecting service, the PUD will make a good faith effort to personally contact the Customer or a responsible adult at the residence or business at which service is provided. Where personal contact is made, a representative of the PUD is authorized to accept reasonable partial payment.

15.3.4. If contact is not made, the PUD will leave a notice in a conspicuous place informing the Customer that service has been disconnected and that collection fee will be charged in accordance with Rate Schedule 90- Miscellaneous Charges and Fees.

15.4. Electric Service will not be disconnected for nonpayment on or the day prior to a weekend or a state or PUD recognized holiday.

15.5. Third-party notification will be available to all Customers. Under this program, the PUD will have a third party on record, in addition to the Customer, who the PUD may notify for billing purposes or when problems arise. The Customer must authorize the PUD to send a copy of the Customer's bill or a final shut-off notice to the third party. The third party can be any person or agency selected by the Customer. The person or agency will not be obligated to pay the Customer's bill unless they have also signed as a guarantor.

16. Restoration of Electric Service

16.1. Payment in full (total past due amount plus current bill) and a reconnection fee as applicable under Rate Schedule 90 -Miscellaneous Charges and Fees must be paid prior to restoration of Electric Service if a customer has been disconnected for non payment. In addition, a deposit, as applicable under Rate Schedule 90 – Miscellaneous Charges and Fees, may also be required before Electric Service will be restored.

16.2. If the Customer has been disconnected for unauthorized use, theft, fraud, or illegal diversion of Energy, the Customer may also be billed for the estimated revenues of the unmetered Energy, meter testing costs, investigation costs and any equipment damage. Electric Service will not be restored until the meter base is inspected by the county electrical inspector or a licensed and bonded electrical contractor. Written proof shall be submitted to the PUD by the county electrical inspector or a licensed and bonded electrical contractor including a statement that they have inspected the service and it is safe to be reconnected.

16.3. A charge for each trip to the Customer's premises may be assessed for a physical disconnection, improper request for service, reconnection of Electric Service, or for the trouble call in accordance with Rate Schedule 90 – Miscellaneous Charges and Fees. Electric Services disconnected longer than 12 months will require an electrical inspection. Written proof shall be submitted to the PUD by the county electrical inspector or a licensed and bonded electrical contractor including a statement that they have inspected the service and it is safe to be reconnected.

17. Change of Responsibility for Payment

17.1. When a change in the responsibility for payment for Electric Service (such as a change of occupancy) occurs, notice of such change shall be given to the PUD within five (5) working days prior to such change. Customers listed in PUD records will be held responsible for payment of all Electric Service supplied until notice of change has been received by the PUD and the PUD reads the meter.

17.2. Property owners who wish to have the Electric Service to their rental units remain connected after the unit has been vacated may sign a Landlord Agreement with the PUD. Under the terms of such an agreement, the property owner assumes responsibility for payment of all Electric Services provided to such accounts from date of the rental unit Customer's disconnect order until a new rental unit Customer requests Electric Service be connected in his/her name.

18. Disputes, Complaints and Appeals

18.1. In the event of a dispute or complaint, Customers may request that the PUD review their bill, charges or service concerns.

18.2. In the event the employee initially receiving the dispute or complaint is unable to reach a resolution with the Customer, the Customer may request that the dispute be referred to a supervisor or manager. All referred disputes or complaints shall be documented showing name, phone number, address of the Customer, date of incident, nature of dispute and action taken to date.

18.3. If the supervisor or manager is unable to resolve the dispute to the Customer's satisfaction, the Customer shall be asked to initiate the Disputes, Complaints and Appeals process.

18.4. Dispute, Complaints and Appeals Process:

18.4.1. If the Customer decides to take their dispute to the Customer Assistance Committee they will be asked to make a request for assistance in writing and to provide a summary of the dispute.

18.4.2. The role of the Customer Assistance Committee will be to assist the Customer and the PUD in reaching a resolution of the dispute. The Committee will be comprised of:

18.4.2.1. One member of the Board of Directors from the sub-District where the Customer's service address is located;

18.4.2.2. The manager or supervisor of the department involved in the dispute/complaint; and

18.4.2.3. One Customer-At-Large from the same class of service as the complainant.

18.4.3. A dispute/complaint appeals hearing will be scheduled within 10 business days of receipt of the written request from the Customer to convene the Customer Assistance Committee.

18.5. The recommendation and/or action from the Customer Assistance Committee will be reported to the Board of Directors at their next regularly scheduled meeting. Any Customer Assistance Committee resolution that deviates from Board policy will have to be approved by the Board. The Customer is encouraged to attend the Board of Director's meeting for final resolution of the dispute/complaint.

19. Commercial Customers

19.1. A commercial Customer is any person seeking Electric Service for a property to be used in whole or part for a business and not a property to be occupied by the owner solely as his or her residence or a property to be used solely as a single-family dwelling unit.

19.2. Electric Service provided as described in this Section will be billed pursuant to the applicable General Service Rate Schedule.

20. Customer's Responsibility - Wiring and Equipment

20.1. Availability and Conditions of Electric Service

20.1.1. The PUD shall advise the Customer of the available phase and voltage for Electric Service. The availability of Electric Service for the equipment to be used shall be determined by the PUD before the Customer may proceed with the wiring or the installation of equipment.

20.1.2. The PUD shall not be held liable for any loss or damage to persons or property resulting from defects beyond the Point of Delivery, or the Customer's installation of equipment for the delivery of Electric Service.

20.1.3. The Customer shall install, own and maintain all wiring and equipment beyond the Point of Delivery. The Customer's wiring shall conform to applicable municipal, county and state requirements, and the PUD's rules and regulations.

20.1.4. The PUD reserves the right to require an electrical inspection by the county electrical inspector or a licensed and bonded electrical contractor when, in the PUD's sole discretion, the Customer's equipment or wiring appears to be in a hazardous condition, or not in conformity with lawful codes and local regulations.

20.2. Electric Service Installation and Equipment

20.2.1. The route of the Electric Service and the location of the Electric Service connection and metering equipment shall be determined by the PUD.

20.2.2. For overhead Electric Service, the service entrance shall be so located that the Electric Service wires installed by the PUD will reach the service entrance by attachment at only one (1) location on the building and within two (2) feet of the weatherhead. The point of attachment for an overhead Electric Service on the building shall be of sufficient height to provide the required ground clearance for Electric Service drop conductors per the NESC. An Electric Service mast or other approved structure to terminate Electric Service conductors or reinforcement of the building for adequate anchoring shall be provided by the Customer.

20.2.3. For underground Electric Service, requirements for trenching, cable protection and backfill, and cable route shall be determined by the PUD.

20.2.4. All current transformer enclosures, meter enclosure, meter sockets and conduits or raceways shall be furnished and installed by the Customer, and shall be of a type approved by the PUD. Current transformers will be provided by the PUD and mounted by the Customer. Wiring of the current transformers is the responsibility of the PUD.

20.2.5. It shall be the Customer's responsibility to provide suitable protective equipment such as fuses, circuit breakers, surge protectors, three-phase motor protection and/or relays to adequately protect their equipment. Customers should install equipment to protect three phase motors from "single-phasing" and "under-voltage". Motors rated in excess of 35 horsepower and frequently started motors rated in excess of 10 horsepower that normally start more than four times per hour may require reduced voltage starters.

20.2.6. Customer-owned metering equipment will be allowed on PUD-owned poles carrying voltages of 600V or less only.

21. Line Extension Policies

21.1. Customers must coordinate their service requirements with the PUD. The PUD requires a plot plan and load information in a form sufficient to permit the PUD to determine the route, design and an Estimate for providing Electric Service. The PUD will determine the means of providing Electric Service. All work performed by Customer must meet all applicable codes, regulations, and PUD specifications.

21.2. To the extent practicable, PUD facilities shall be built along public rights-of-way in preference to private property routes, and any poles, transformers, sectionalizing cabinets, etc. shall be installed immediately adjacent to an all-season/all-weather road for future maintenance. PUD facilities shall not be routed under any buildings or other permanent structures.

21.3. The Customer shall execute and deliver to the PUD a valid easement, in a form acceptable to the PUD, governing the installation, replacement, removal and maintenance of PUD facilities that are located on private property. All materials and facilities furnished by the PUD shall remain the property of the PUD except where a separate agreement has been executed by the PUD.

21.4. The PUD may use the average cost, rather than the actual cost, for an overhead or underground residential Electric Service when the PUD only needs to install the service conductor and a meter to provide Electric Service.

21.5. Residential Line Extensions

21.5.1. If, within five years from the date of a Line Extension being energized, any additional Customer(s) are added to the extension, the new Customer(s) shall pay all costs associated with the new facilities to make the connection, plus a pro rata share for the original extension costs. Said pro rata share of the contribution by the new Customer(s) shall be credited proportionately to those Customers having previously made payments towards the cost of the original extension. The following procedure shall be used for calculating the contribution:

21.5.1.1. The total of the actual costs paid to the PUD when the original line was energized shall be the cost to be apportioned. Costs paid directly by the Customer to a contractor, such as trenching costs, will not be included.

21.5.1.2. The length of line from the beginning of the original line to the point of attachment by the new Customer, calculated in feet, shall be used to determine the percentage of obligation to the new Customer.

21.5.1.3. This obligation must be paid to the PUD for distribution to the original Customer(s) prior to the construction of the new line extension.

21.5.1.4. The obligated amount shall be properly distributed to the original Customer(s).

21.5.2. The Customer will pay the Estimate prior to commencement of construction-related activities. If actual costs are less than the Estimate, the difference will be refunded to the Customer. The Customer has the option to install, at no cost to the PUD and in accordance with all codes and PUD specifications, all necessary trenching, backfilling, compaction, site restoration, conduit, vaults, permitting and any other requirements to complete construction for underground service. Ownership of the conduit/vault system will be provided to the PUD after final inspection and acceptance. The cost of inspection shall be the responsibility of the Customer.

21.6. Subdivisions, Condominium and Townhouse Developments, Apartment Building Complexes, Manufactured Homes Developments and Trailer Parks

21.6.1. All developers of subdivisions or developments located within the PUD's service territory must coordinate their Electric Service requirements with the PUD. The PUD will need a final plat, as recorded with the appropriate governing authority and load information in a form sufficient to permit the PUD to determine the route, design and an Estimate for providing Electric service. The developer must identify any three phase electrical or special requirements when the plat is submitted.

21.6.2. PUD facilities shall be built along public rights-of-way in preference to private property routes, and any poles, transformers, sectionalizing cabinets, etc. shall be installed immediately adjacent to an all-season/all-weather road for future maintenance. PUD facilities shall not be routed under any buildings or other permanent structures.

21.6.3. The Customer shall execute and deliver to the PUD a valid easement for the installation, replacement, removal and maintenance of PUD facilities that are located on private property.

21.6.4. The Customer shall provide and install, at no cost to the PUD and in accordance with PUD specifications, all necessary trenching, backfilling, compaction, site restoration, conduit, vaults, permitting and any other requirements to complete construction for underground service. Ownership of the conduit/vault system will revert to the PUD after final inspection and acceptance. The cost of inspection shall be borne by the Customer.

21.6.5. The Customer is responsible for paying the Estimate for the "back bone" system and any system improvements necessary to provide Electric Service prior to construction. If the actual cost is less than the Estimate, the difference will be refunded back to the Customer.

21.7. Commercial Line Extensions

21.7.1. Commercial Customers must coordinate their Electric Service requirements with the PUD. The PUD will need a plot plan and load information in a form sufficient to permit the PUD to determine the route, design and an Estimate for providing Electric Service and to allow the PUD sufficient lead time to order the necessary materials.

21.7.2. If any materials are necessary which are not part of the PUD's standard inventory, or the Customer wishes to have spare equipment available at the PUD for emergency purposes, the Customer shall pay the cost of such equipment.

21.7.3. The Customer is responsible for paying the Estimate to serve each commercial building prior to installation. The PUD will refund the Customer the difference, if the actual cost is less than the Estimate.

21.7.4. With respect to services greater than 400 amps, the Customer is responsible to provide, install and maintain the underground conduit, service conductors and connectors. The Customer will retain ownership of these facilities.

21.7.5. If, within five years from the date of a Line Extension being energized, any additional Customer(s) are added to the extension, the new Customer(s) shall pay all costs associated with the new facilities to make the connection, plus a Prorata Share for the original Line Extension costs. Said Prorata Share of the contribution by the new Customer(s) shall be credited to those Customers having previously made payments towards the cost of the original Line Extension. The following procedure shall be used for calculating the contribution:

21.7.5.1. The total of the actual costs paid to the PUD when the original line was energized shall be the cost to be apportioned. Costs paid directly by the Customer to a contractor, such as trenching costs, will not be included in the costs to be apportioned.

21.7.5.2. The length of the Line Extension from the beginning of the original line to the point of attachment by the new Customer, calculated in feet, shall be used to determine the percentage of obligation to the new Customer.

21.7.5.3. This obligation must be paid to the PUD for distribution to the original Customer(s) prior to the construction of the new line extension.

21.7.5.4. The obligated amount shall be properly distributed to the original Customer(s).

21.7.6. The Customer will pay Estimate prior to commencement of construction-related activities. If actual costs are less than the Estimate, the difference will be refunded to the Customer. The Customer has the option to install, at no cost to the PUD and in accordance with all codes and PUD specifications, all necessary trenching, backfilling, compaction, site restoration, conduit, vaults, permitting and any other requirements to complete construction for underground service. Ownership of the conduit/vault system will be provided to the PUD after final inspection and acceptance. The cost of inspection shall be the responsibility of the Customer.

21.8. Industrial/Transmission and Primary Voltage Service

Industrial/Transmission and primary voltage service will be provided by Special Contract.

21.9. Service to Temporary Buildings

For buildings of a temporary nature, the Customer is responsible for paying Estimate and removal costs prior to installation. The PUD will refund the Customer, the difference, if the actual cost is less than the Estimate.

21.10. Abandoned Line Removal

21.10.1. Any Line Extension shall be deemed abandoned when Electric Service is discontinued and request for reconnection is not made within the following twelve months. In such circumstances, at the PUD's sole option, the PUD may deem the interest of the Customer in the Line Extension and other equipment, if any, forfeited.

21.10.2. The Customer may continue to pay the monthly Customer Charge in order to retain the PUD facilities as if the Electric Service was reconnected.

22. Modification or Relocation of Facilities

22.1. The modification, upgrading, relocation, or conversion of overhead facilities to underground, at the Customer's request, will be reviewed by the PUD on an individual basis. The Customer will be responsible for the cost for the new construction, the removal costs of the existing facilities, and the remaining life value of the existing facilities minus a depreciation credit based upon the age of the facilities being replaced.

22.2. The Customer has the option to provide the trench, site excavation, and backfill for underground installations or contract with the PUD. All work performed by Customer must meet all applicable codes, regulations, and PUD specifications.

22.3. The Customer will convert their Electric Service equipment to accept an underground service if applicable.

23. Metering and Meter Testing

23.1. The PUD will install and maintain all meters and other equipment necessary for measuring the Energy used by the Customer. The PUD will maintain accurate records of all meter readings for billing purposes. The Energy delivered as evidenced by such record shall, in the absence of proven error, be prima-facie evidence of the use of such Electric Service by the Customer, and shall be the basis for computing all bills.

23.2. Should the Customer desire the installation of additional meters beyond the PUD's meter, such additional meters shall be provided, installed, owned and maintained at the Customer's expense.

23.3. The PUD will make necessary periodic tests and inspections on its meters to insure a high standard of accuracy. Additional meter accuracy tests may be requested by the Customer. If the meter is found to register more than two (2) percent, the PUD will pay for the testing and will adjust the Customer's billing for the known or assumed period of error not to exceed the previous six (6) months. If the meter is operating within plus or minus two (2) percent accuracy, the Customer may be billed for the testing expense according to Rate Schedule 90 – Miscellaneous Charges and Fees.

24. Meter Locations

24.1. Metering equipment shall be installed on the outside of buildings, service structures or on a meter pole in a readily accessible area that is without risk of bodily harm to PUD employees, free from vibration, corrosive atmosphere and abnormal temperatures.

24.2. Metering equipment shall not be located under the outfall of eaves, rain spouts, drains or near doors that might damage the metering equipment.

24.3. Meters shall not be located in carports, breezeways, porches or similar locations historically proven to have a high probability of becoming enclosed.

24.4. Meters enclosed without PUD approval shall be relocated to a location accessible to the PUD within 30 days of written notification or the PUD will begin disconnect procedures as outlined in Section 15.

24.5. Meters shall be installed at such a height that the center of the meter, or top row of multiple meter installations is no more than six (6) feet, or less than five (5) feet from the ground or platform. Meters on underground systems may be installed less than five (5) feet from grade in underground metering pedestals.

24.6. Meters or metering equipment shall be placed in a location that allows free and safe access for installing, removing, testing and reading. Metering equipment shall not be installed over open points, moving machinery, accessible wells or hatchways. There shall be at least three (3) feet of unobstructed space between the nearest point of the metering equipment and any obstructions.

24.7. New service entrance locations shall be approved by the PUD prior to installation.

24.8. Customer metering equipment may only be placed on PUD owned secondary and service poles carrying voltages of 600 volts or less.

25. Meter Poles

25.1. Meter poles will be furnished, installed, owned and maintained by the PUD, according to PUD Line Extension Policies in Section 21. Any existing meter pole deemed by the PUD to be unable to support the PUD's facilities will be replaced by the PUD at the PUD's expense.

25.2. The Customer will be responsible for relocating all metering equipment from the old pole to the new pole within 30 days.

26. Additional Load

26.1. If a Customer desires to materially increase their load requirements, the Customer shall notify the PUD sufficiently in advance to enable the PUD to install appropriate facilities to serve the increased load.

26.2. The Customer shall be responsible for costs related to upgrading the facilities according to the terms of the PUD Line Extension Policies as identified in Section 21, unless, in the opinion of the PUD, there would be a benefit to the PUD.

26.3. If the Customer fails to notify the PUD, and the PUD's equipment is damaged as the result of such increased load, the Customer shall be held liable for such damage.

26.4. Any increase of load in excess of 10 average megawatts in a consecutive 12 month period shall require a Special Contract and may be subject to an increase in electric rates.

27. Nominal Voltage and Phase Balance

27.1. All Electric Service provided by the PUD shall be in the form of sixty-hertz alternating current.

27.2. The availability of phases and service voltage for the Customer shall be determined by the PUD before proceeding with the wiring or the installation of equipment.

27.3. The PUD will use its best efforts to maintain its delivery voltages within established standards of the industry.

27.4. The PUD requires that the current taken by each wire or phase of a service will be balanced within 10 percent of each other at maximum or near-maximum load.

28. Temporary Service

28.1. Customers requiring temporary Electric Service may be required by the PUD to pay all costs incurred by the PUD for installation and removal prior to Electric Service being provided. The Customer will be billed for Energy consumed under the applicable Rate Schedule. If requested by a Customer or contractor, the PUD may provide an unmetered temporary Electrical Service from an existing service pedestal or pad mount transformer in an underground subdivision according to the "Premium Temporary Service Agreement" and billed at Rate Schedule 90 - Miscellaneous Charges and Fees.

28.2. Temporary Electric Service shall not exceed a twelve-month period, unless special conditions approved by the PUD warrant an extension of time.

29. Highly Fluctuating Loads

29.1. Customer's equipment shall not create unusual voltage fluctuations. Harmonic distortion or other disturbances on the PUD's system that exceeds the limits specified in IEEE Standard 519 or exceed the voltage variation limits specified in ANSI Standard C84.1 may require the Customer to pay for the installation of corrective equipment. If the Customer delays or refuses to install adequate equipment to correct the situation, Electric Service may be disconnected in accordance with Section 15.

29.2. The PUD reserves the right to refuse to serve highly fluctuating and intermittent loads, including but not limited to arc welders, large motors, x-ray machines, which may cause interference or disturb the quality of service to other Customers.

30. Net Metering

30.1. The PUD will enter into an agreement with Customer-generators who own and operate a Net Metering Facility with a capacity of not more than twenty-five (25) kilowatts. The Net Metering Facility must be located on property owned by the Customer-generator and must operate in parallel with the PUD's distribution facilities. The Customer-generator must sign and abide by a PUD Net Metering and Interconnection Agreement.

30.2. The Customer-generator shall build, operate and maintain the Net Metering Facility so that it meets or exceeds all applicable safety and performance standards established by the Oregon State Building Codes, the Oregon Public Utility Commission, the NEC and the NESC, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories. The Customer-generator shall provide an approved disconnect device capable of isolating the Net Metering Facility from the PUD's system which shall be located adjacent to the PUD's metering equipment and shall be accessible to PUD personnel at all times. The disconnect switch must be lockable by means of a padlock in either the open or closed position. The generating facilities shall be inspected for safety assurance on a periodic basis acceptable to the PUD or as specified by applicable codes or industry standards. The PUD may disconnect the Net Metering Facility from the PUD's electrical power system any time it deems that the safety and stability of the PUD's system may be compromised or the facility causes interference or disturbs the quality of service to other Customers. The PUD may limit the cumulative generating capacity of all net metering systems to one-half of one percent of its historic single-hour peak load.

30.3. The PUD will install bi-directional metering equipment that is capable of registering the flow of electricity in each direction at the sole expense of the PUD. The minimum monthly charge for the net metered account shall be equal to the applicable Customer charge for the Customer-generator's normal Customer class and assessed for each month the net metered account is connected to the PUD's system. During a billing period, if the Customer-generator uses more Energy than it feeds back onto the PUD's system, the Customer-generator will be billed based on the rate applicable to the Customer-generator's class of service. If during a billing period, the Customer-generator feeds back into the PUD's system more Energy than supplied by the PUD, the Customer-generator will be credited for the excess electricity generated and fed into the PUD system. For the billing period ending in March of each year, if any unused Energy has accumulated during the previous twelve months, the PUD will credit the Customer-generator account an amount equal to the unused credited kilowatt-hours times the average of the wholesale cost of PF power from the Bonneville Power Administration, excluding transmission costs, for the previous 12-month period or at the option of the Customer-generator apply the credits to the PUD's low-income assistance program.

30.4. The PUD shall not be liable, directly or indirectly, for permitting or continuing to allow the connection or operation of a Net Metering Facility, or for the acts or omissions of the Customer-generator that cause property damage, loss, or injury, including death, to any third party.

31. Emergency Generation

31.1. Any Customer with a source of emergency generation must provide a PUD approved double throw transfer switch. This switch must be so arranged that a single handle on the switch will disconnect the PUD's lines completely prior to the emergency generator being connected to any part of the Customer's wiring system. The transfer switch shall be installed according to the NEC and shall be subject to being inspected and sealed by the PUD.

31.2. It is the responsibility of the Customer to disconnect its Electric Service from PUD lines prior to activating any emergency generators.

32. Safety-Line Clearances

32.1. Oregon's Overhead Line Safety Act, requires that no work activities take place within 10 feet of a high-voltage overhead power line until the following two requirements are met:

32.1.1. The responsible party doing the work must notify the PUD of the intended work activity; and

32.1.2. The responsible party doing the work and the PUD must complete mutually satisfactory precautions for the activity.

32.2. The PUD will work with the responsible party to coordinate work schedules, install mechanical barriers to prevent contact with power lines, temporarily de-energize power lines, or raise/move the power lines. Any costs incurred by the PUD may be charged to the responsible party.

32.3. Customers must stay away from any down power line and should immediately report the down line to the PUD.

33. Vegetation Management

33.1. The PUD has a legal obligation concerning tree removal, tree trimming and right-of-way maintenance on all existing primary and secondary electrical facilities to maintain such facilities in accordance with the NESC, and the Rules and Regulations of the Oregon Public Utility Commission.

33.2. The PUD may, through its employees or other agents, enter the Customer's property at reasonable times in order to undertake needed vegetation management work. The Customer agrees not to interfere with such activity. Vegetation management is essential for employee safety, public safety and continuity of Electric Service to Customers.

34. Unauthorized Attachments

34.1. Written permission must be obtained from the PUD before any equipment or material of any description may be attached to any PUD pole, guy wire, electrical equipment, or other property of the PUD.

34.2. Installing signs on PUD poles is a violation of the NESC and will not be allowed.

35. Government Imposed Fees

35.1. When any governmental jurisdiction, such as but not limited to a City, County or State, imposes a requirement on the PUD that creates substantially increased costs, the PUD may charge a monthly fee to Customers within that jurisdiction in order to recover the costs in a reasonable length of time.

35.2. The amount of any and all revenue, kilowatt-hour or other form of tax or fee imposed by any governmental authority upon the PUD or upon its property, revenue, or income may be apportioned by the PUD Board of Directors to the Customers in which such tax or fee may be effective and among the various classes of service furnished therein. Such amounts shall constitute an additional charge to the power billings under any Rate Schedule or Special Contract. All such apportionments will be charged only when in conformance with existing applicable laws.

36. Responsibility for Franchise Fees

36.1. Each Customer shall be responsible for its portion of the Franchise Fees or other imposed fee levied on and paid by the PUD as determined by the Board of Directors. The PUD shall determine the level and amount of contribution to the payment of Franchise Fees that each Customer shall provide.

36.2. This amount shall be either included in the PUD's base rate and/or itemized on the Customer's bill as determined by the PUD.