General Terms & Conditions

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: to provide quality services at the lowest practical cost. These General Terms apply to every Customer receiving Electric Service or other services from the PUD. It is the intent and purpose of these General Terms to provide a helpful guide to Customers and Employees, to achieve efficient and safe Electrical Service, and to ensure that Customers receive fair and equitable treatment. These General Terms are subject to periodic revision by the Board of Directors to meet the spirit and intent of the PUD's Mission.

1.2 The PUD shall supply Electrical Service within the boundaries established for the PUD under authority granted by the People of the State of Oregon and the Oregon Legislature, according to the constitution, Article XI, Section 12.

1.3 It is the policy of the PUD that the utility needs of all Customers will be safely and reliably met without discrimination and in accordance with sound business and utility principles, and that Electric Services pricing will be based on providing the lowest reasonable cost-based rates to all similarly situated Customers. The PUD will follow prudent utility and business practices, and all utility work and services will be done in accordance with all state and federal rules and regulations.

1.4 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, theft or illegal diversion of Energy, unauthorized use, or to protect PUD Employees, Customers, the public safety, PUD property, or the property of others.

1.5 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.

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, equipment, 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 cycle billing purposes, generally 1 month or approximately 30 days, as established by the PUD.

2.3  Board of Directors (Board): The five-member governing body of the PUD. Board members are elected by the registered voters residing in the sub-divisions within the PUD’s political boundary.

2.4  Budget Payment Plan (Budget Pay Plan): A levelized payment plan designed for residential Customers which makes their payments the same amount each month throughout the annual Budget Pay Plan period. A Customer’s Budget Pay Plan may be amended from time to time to correct over/under outstanding balances.

2.5  Commercial Customer: 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.

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

2.7  Customer Assistance Committee: A committee comprised of 1 Board member, 1 PUD staff member, 1 PUD-appointed record keeper, and one at-large Customer to assist in the resolution of Customer disputes or complaints.

2.8  Customer Data: Any data about the Customer including information the Customer provides the PUD (such as name, address, Social Security number, driver’s license number, date of birth, telephone number, and income); information about the PUD services provided to the Customer (such as account number, account balances, meter readings, and energy usage); information others give the PUD about the Customer (such as credit worthiness from credit reports); and information from visits to the PUD website (such as data from web forms, site visit data, and data from web "cookies").

2.9  Demand: The maximum power delivered during the billing period measured in kilowatts (kW) averaged over an interval as described in the applicable rate schedule.

2.10  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.

2.11  Employee: Employee, contractors, or others acting on behalf of the PUD.

2.12  Energy: Electric Energy measured in kilowatt-hours (kWh).

2.13  Estimated Cost of Service (Estimate): An estimate, based on prior reasonable construction experience, current material, labor, equipment, overhead, and transportation costs to be incurred by the PUD to provide new or upgraded Electric Service to a new or existing Customer.

2.14  Franchise Fee: The charge levied by a municipality or other governmental authority for PUD use of the municipality's streets and rights-of-way. All or a portion of these Franchise Fees may be passed on to Customers as a city tax.

2.15  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.

2.16  NEC: National Electrical Code

2.17  NESC: National Electrical Safety Code

2.18  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 that flows back to the PUD’s Energy grid in excess of the Customer’s Energy requirements.

2.19  Net Metering Facility: An eligible electric generating facility meeting all federal and state statutes and regulations, as well as all relevant PUD interconnection requirements to generate electric Energy.

2.20  Point of Delivery: The interconnection point at which the PUD's Electric Service is attached to the Customer's electric system without regard to voltage, the location of the PUD's meter, transformer, or other apparatus, unless otherwise designated by a Special Contract.

2.21  Power Factor: The ratio of kilowatt-hours to kilovolt ampere-hours. Expressed as a percentage.

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

2.23  Pro Rata 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.

2.24  PUD: Columbia River People's Utility District.

2.25  Rate Schedule: Rates and fees adopted by the Board from time to time that specify the applicability, character of service, monthly rate, monthly Base Charge, Energy and Demand usage rates, adjustments, and other charges and conditions.

2.26  Secondary Service Line: Wire running from PUD electrical facilities at a service voltage, usually 600 volts or less.

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

2.28  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. In the event there is a conflict between a Special Contract and these General Terms the Special Contract will control.

3.1  In case of conflict between any provisions of a Rate Schedule or Special Contract and these General Terms, the provisions stated in 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 these 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. Such changes, when effective, shall be subject to these General Terms and effective as though originally incorporated herein.

4.1  The PUD may collect Customer Data and other information about its Customers to better serve them and to offer applicable products and services to meet their needs and expectations. Under no circumstances is Customer Data shared with a third party unless needed for the PUD’s operations or if required to be disclosed by law. Typical information is derived from individual Customer accounts, credit agencies, web hosting, and PUD Employee-Customer contact.

4.2  The only Employees who are authorized to have access to Customer Data are those who need it to do their jobs. This Customer Data is protected and kept confidential. The PUD shall maintain physical, electronic, and procedural safeguards that comply with federal and state regulations to protect Customer Data and information.

4.3  The PUD may share Customer Data with other PUD departments and Employees in order to better serve the Customer, to maintain their account, or to inform the Customer about other PUD products or services.

4.4  The PUD may share Customer Data with other companies that perform services for the PUD. This includes firms that provide bill printing, mailing, third-party payment, marketing, or other services for the PUD, or firms that develop and maintain software for the PUD. The PUD shares information only as allowed under applicable federal and state laws. These companies are required to abide by the PUD’s Customer Information Confidentiality policies.

4.5  Customer Data may be disclosed as permitted or required by law, for example, to law enforcement officials in response to subpoenas, or to prevent fraud.

4.6  The PUD has implemented a program to identify, detect, prevent, mitigate, and update “Red Flags” that signal the possibility of identity theft in compliance with the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactions Act of 2003.

5.1  Electric Service by its nature is subject to periodic disruption. The PUD shall not be liable to any Customer or to any third party for direct, indirect, or consequential damages, lost profits, or claim of damage attributable to any interruption, fluctuation, outage, change in voltage, or other firm power disturbance, nor will any interruption constitute a breach of agreement for Electric Service. Should PUD’s power supply be insufficient for any reason to service its entire system or any portion thereof, the PUD may, at its option and in its discretion, allocate its power in the best interests of all its Customers without incurring liability to any particular Customer. The PUD further reserves the right to reduce the supply of power to its Customers due to curtailment or proration requirements of governmental regulations or power suppliers without incurring any liability.

5.2  The PUD shall not be liable for any injury, property damage, loss, or damage resulting from power outages for any reason, including from storm, lightning, system failure, trees, vehicle accidents, low voltage, voltage spikes (power surges), or single phasing.

5.3  The PUD may interrupt Electric Service to any Customer, without notification, 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 the 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 attempt 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.

6.1 As a condition of providing Electric Service, the PUD shall be granted all necessary permission, rights-of-way, and easements over the Customer’s property and the PUD or its agents shall have the right to enter upon the Customer's property as reasonably required for the purposes of reading, testing, maintaining, or repairing meters; trimming trees or removing vegetation near PUD equipment; and inspecting, repairing, maintaining, removing, or replacing PUD equipment. 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 an Employee's access to the premises, or interfere in any way with an Employee's necessary work, the Customer shall 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.

6.3 PUD equipment shall not be enclosed or obstructed by fences, landscaping, walls, or other structures in any manner that prohibits access to the PUD equipment, whether intended to secure the Customer’s property or premises, or otherwise. The PUD shall have the right to refuse to provide Electric Service to any premises where such conditions exist. Service may also be disconnected under Section 17 if the Customer does not remove upon request by the PUD any obstructions that are discovered by the PUD after Electric Service has been connected.

6.4 In the case where the PUD determines that any enclosed or obstructed PUD equipment presents a safety hazard or emergency condition, the PUD may immediately disconnect service to the premises under Section 17 until the safety hazard has been resolved to the satisfaction of the PUD. In such instances, the PUD shall, in its sole discretion, require the Customer at its expense to create a Point of Delivery location at the Customer’s property line where access to PUD equipment and facilities is available to Employees in the normal course of their work.

7.1 The Customer shall exercise due care and diligence to prevent damage, theft, or misuse of PUD equipment located on the Customer's property including meters, test equipment, 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, change the grade, or undertake 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 In its sole discretion, the PUD may determine that the Customer may be financially responsible for all PUD-owned equipment and facilities on Customer's property. In the event any PUD equipment or facilities are misused, damaged, vandalized, or removed by the Customer, Customer's guest, Customer's agent, or any known or unknown third party, the Customer shall be responsible for reimbursing the PUD for the cost of any repairs or replacement. In its sole discretion, the PUD may determine that the financial responsibility shall continue even if the Customer terminates service so long as the Customer continues to own or possess the property, unless the Customer provides a written request to the PUD to remove its equipment or facilities.

• 7.2.1 In the event PUD equipment or facilities have been misused, damaged, vandalized, or removed where no electric account is established, the costs of repairs and/or replacement, according to Rate Schedule 90, will be considered the responsibility of the property owner and due in full prior to electric service being restored.
• 7.2.2 If electric service is reconnected without PUD authorization, the current Customer will be responsible for all inspection, repair, and replacement costs according to Rate Schedule 90. In addition, the Customer may be responsible for payment for all electric service used, which will be calculated based on the PUD's applicable rate schedule in effect at the time of use. If there is not a current Customer on record, the property owner shall become the responsible party for all amounts due.

7.3 The Customer shall not place or permit the placement of any building or structure on top of the PUD’s underground facilities or underneath the PUD’s overhead facilities.

8.1  Except by express written agreement with the PUD, Energy may not be resold or redistributed by the Customer. In no case shall rates charged exceed the rates listed in the most current PUD Rate Schedules and charged by the PUD for similar service.

9.1 Each prospective Customer may apply for Electric Service either in person, on the PUD website, or by telephone. The PUD may, at its discretion, request that an application for Electric Service be made in person with an acceptable form of valid photo identification. 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 Customers with special Electric Service conditions, the PUD may require a Special Contract before service is energized. No Special Contract, or any modification thereof, shall be binding upon the PUD until executed by its Board or its designee.

9.3 All prerequisites required by the PUD of the Customer 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 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.

10.1  Customers will receive Electric Service under the applicable Rate Schedules based on the PUD’s understanding of the Customer’s power supply requirements. The PUD reserves the right to immediately change the Rate Schedule under which a Customer receives Electric Service if the Customer’s power supply requirements change, are different than what the Customer reported to the PUD, or the Customer no longer meets the eligibility requirements for Electric Service for the Rate Schedule under which the Customer is currently receiving service. The PUD reserves the right to retroactively bill for up to 2 years to collect underpayment in the event the Customer was served under the wrong Rate Schedule.