Rule 1. Definitions
The definitions set forth below shall be applicable to the Cooperative’s service rules and regulations:
- The word “Cooperative” shall mean Carroll White Rural Electric Membership
- The word “member” shall mean any person, joint membership, firm, corporation, municipality or other government agency, or any other entity or organization which has agreed, orally or otherwise, to pay for electric service received from the Cooperative and who otherwise qualifies as a member of the Cooperative pursuant to law and the Cooperative’s Bylaws.
- The word “disconnection” shall mean the termination or discontinuance of electric
- The words “late payment charge” shall mean the one-time penalty assessed by the Cooperative upon all current bills at such time as they become
Rule 2. Retention of Records
All records required by these rules will be preserved in accordance with Records Retention Policy G-221 or required by law. Such records shall be kept at the Cooperative’s principal place of business or at such other places as the Cooperative shall designate.
Rule 3. Records and Reports of Meter Purchases and Tests
- Meter Test Record. Whenever any meter in service is tested, a record will be preserved containing the information necessary for identifying the meter, the reason for making the test, the reading of the meter before the test and the result of the test, together with all data taken at the time of the test in sufficiently complete form to permit the calculation of the average accuracy for billing adjustments, if required.
- Meter Record. Permanent records shall also be kept for each meter owned or used by the Cooperative, providing the year of purchase, its identification and the record of the last test to which it has been subjected, with date and general results of the These records apply to all meters insofar as the information is available.
Rule 4. Location of Meters; Accessibility
- The Cooperative, in its sole discretion, shall determine the type of meter to be used to measure electric consumption or production. Electric meters will be furnished and owned by the Cooperative and will be installed in a meter base provided by the member. Such meter base shall be located on the member’s premises in a location suitable for both the member and the Cooperative. Only qualified Cooperative employees or qualified personnel hired by the Cooperative to perform this task may install the meter. The Cooperative’s ownership of the meter shall include the data collected, stored, or displayed on the meter, as well as any data transferred from the meter by physical observation or by any other means such as electronic transfer and collection. The member shall be responsible for the meter installed in the member’s meter base and shall diligently protect the meter against physical or other damage to enable it to correctly indicate the amount of electrical energy used by the member.
- All meters shall be located outdoors where they are easily accessible for reading, testing, and making necessary adjustments and When a number of meters are placed on the same meter board, the distance between centers may be specified by the Cooperative, but in no case shall such distance be less than 7½ inches. Upon request by a residential member, the Cooperative will provide said member with the number of the meter which serves the individual member’s premises, to provide the member with an opportunity to verify the meter readings. On an installation where similar types of meters record different units (kWh and RkVah, for example) the meters shall be tagged or marked to indicate the units recorded. Meters should not be less than 4 feet nor more than 6 feet above the final standing surface, measured from the center of the meter cover, unless authorized by the Cooperative.
- Meters shall not be placed on any unstable partitions or Unless unavoidable, meters should not be installed in any location where the visits of a meter reader or tester will cause unreasonable annoyance to the member or undue inconvenience to the Cooperative.
Rule 5. Meter Testing Equipment and Facilities; Reference and Portable Standards
- Equipment and Facilities. The Cooperative shall have meter testing equipment and facilities available to make the tests set forth in these rules.
- Reference Standards. The Cooperative shall have available suitable meter testing equipment (hereinafter called “Reference Standards”) as may be necessary for testing the accuracy of watthour meters. Reference standards of all kinds shall be tested and adjusted, if necessary, at least once every two years by a recognized standardizing laboratory.
- Portable Standards. All portable watthour meter standards shall be maintained as per Reference Standards stated in this rule of this document.
- Portable Indicating Instruments. All portable indicating electrical testing instruments, such as voltmeters, ammeters and wattmeters, will be used with best known metering practices.
- Records of Instrument Certification and Calibration. Records of certification and calibration for Reference and Portable Standards shall be kept on file at the Cooperative or at such other locations as may be designated by the Cooperative.
Rule 6. Meters; Testing
- Prior to Install. All watthour and demand meters shall be tested prior to their installation with results that fall within the limits of tolerance prescribed by these rules. Such tolerances are to be interpreted as maximum variations from the condition of zero error which are permitted in order to make reasonable though adequate allowance for variations encountered in accepted good metering practice.
- In Service. Meters in service will be tested using the portable standard and meters shall be tested periodically at least every sixteen (16) years.
- By Request. The Cooperative will test the accuracy of a meter at no cost to the consumer upon request by a consumer. A second test may be requested by the consumer within twelve months following the first test. If the second test demonstrates an accurate meter, the consumer shall bear the cost of the second test including labor, transportation and any other Cooperative cost associated with the test. Thereafter, the consumer may be required to bear the full cost of any subsequent tests of this meter if requested at less than thirty-six (36) month intervals if no error is found. A report giving the results of such tests shall be made available to the consumer and a complete record of the same shall be kept by the Cooperative in accordance with these Rules and Regulations.
Rule 7. Bills
- Bills rendered periodically to members for electric service will include the following information:
- the dates and meter readings of the meter at the beginning and end of the period for which the bill is rendered and the billing date;
- the billing rate code;
- the number and kind of units of service supplied;
- the service or minimum charge, however defined by the Cooperative, including, without limitation, the access charge, if applicable;
- the previous balance, if any;
- the amount of the bill;
- the sum of the amount of the bill and the late payment charge;
- the date when the bill becomes delinquent and the date the late payment charge will be added to the bill;
- if an estimated bill, clear and conspicuous coding or other indication identifying the bill as an estimated bill;
- printed statements or actual figures, or both, on either side of the bill informing the member of the seventeen (17)-day non-penalty period;
- an easily understood explanation of all codes or symbols, or both, shown on the bill; and
- the scheduled disconnect date for residential service members, if applicable.
- A bill may contain charges for utility services and ancillary Payments received shall first be applied to charges for ancillary services, then to past due amounts for utility service including related penalties and then to charges for current utility services.
- For residential and general service members, a bill for services shall be delinquent unless payment is received within seventeen (17) days after the bill is If such a bill is not paid within said seventeen (17) days, the delinquent bill will be assessed a late payment charge equaling three percent (3%) of the amount of the delinquent bill, which will be added to the net bill. For all other member classes, the late payment charge shall be three percent (3%) of the current bill unless the member’s contract for service establishes different terms.
- The Cooperative may estimate a member bill due to:
- a member requests to estimate a bill;
- inclement weather;
- labor or union disputes;
- inaccessibility of a member’s meter, if the Cooperative has made a reasonable attempt to read it; or
- other circumstances beyond the control of the Cooperative, its agents, or
- The Cooperative shall, upon a member’s request, and not less than once in a twelve (12) month period, compute and render a bill pursuant to an actual meter reading taken by the Cooperative, which reading may be taken by automated meter reading or similar electronic equipment.
- The Cooperative will offer an alternative fixed budget billing plan after twelve months of service. The fixed budget amount will be calculated annually by taking the average of the last twelve months. Also, there will be a catchup month at the end of each twelve-month cycle. The catchup month will calculate amount due to get account receivable balance to zero.
- The Cooperative shall, upon member request, round-up to the next even dollar amount the member’s bill for a billing period. The difference between the member’s estimated or actual bill for electric service and the rounded-up bill shall be contributed when paid to the Cooperative’s tax-exempt corporation for investment or use for charitable purposes in the Cooperative’s service territory.
- At least annually, the bill shall include a statement that the member understands that the amount identified by the Indiana Connection based on postal and production costs is included in the amount paid by the member for electric service from the Cooperative each year, and such amount is paid for the subscription to the Indiana Connection.
Rule 8. Repair Work on Member’s Side of Meter
If the Cooperative responds to an outage call and determines it is due to a failure or other condition related to the equipment and facilities for which the member is responsible under Rule 21(B), the member will be charged for the trip and materials. The member’s side of the meter shall include such items as replacement of fuses or breakers or pushing of a tripped breaker. The Cooperative will bill the member separately for these services using an “at cost” rate for the materials and other Board approved rates.
Rule 9. Billing Adjustments
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- Adjustments Due to Meter Errors. If any service meter, after being tested as provided in these rules, is found to have a percentage of error greater than two percent (2%) for watthour meters and demand meters, the bills for service shall be adjusted as follows:
- Fast Meters – When a meter is found to have a positive average error, the Cooperative shall refund or credit the member’s account with the amount of any charges in excess of either (i) an average bill for the kilowatthours and/or demand units incorrectly metered or (ii) separate bills individually adjusted for the percent of error for the period the meter was fast, if such period can be determined, or one year, whichever period is shorter. An average bill shall be calculated on the basis of kilowatthours and/or demand units registered on the meter over corresponding periods either prior or subsequent to the period for which the meter is determined to be fast. No part of a minimum service charge or access charge shall be refunded.
- Stopped or Slow Meters – When a meter is stopped or has a negative average error, the Cooperative may charge the member for the kilowatthours and/or demand units incorrectly registered for one-half of the period since the last previous test or one year, whichever is shorter. The amount of the charge to the member shall be estimated on the basis of either (i) an average bill as herein below described or (ii) separate bills individually adjusted for the percent of error. An average bill shall be calculated on the basis of kilowatthours and/or demand units registered on the meter over corresponding periods either prior or subsequent to the period for which the meter is determined to be slow or stopped. The Cooperative may charge the member for such amounts except where the Cooperative negligently allows the stopped or slow meter to remain in
- Other Billing Adjustments. Any and all other billing errors, including incorrect rate or rate schedule applications, shall be adjusted to the known date of error or for a period of one-year, whichever period is shorter.
- Adjustments Due to Meter Errors. If any service meter, after being tested as provided in these rules, is found to have a percentage of error greater than two percent (2%) for watthour meters and demand meters, the bills for service shall be adjusted as follows:
Rule 10. Application for Membership; Creditworthiness of Members; Deposits; Refunds for Residential or General Service Members
- Application for membership must be made with the Cooperative before electric service shall be connected.
- Each new applicant, current member requesting to expand or upgrade service, and current member requesting to add additional services (each an “Applicant” for purposes of Rule 10), shall authorize the Cooperative to investigate their credit record to be deemed creditworthy and shall be required to make a deposit or furnish such other credit support based on the results of the credit report of the Applicant.
- An Applicant for Large Power or Industrial Service shall furnish such information as is reasonably necessary for the Cooperative to perform a credit analysis. Large Power or Industrial Service includes rates for Large Power Multiphase services, Economic Development Rates or Industrial Accounts.
- If an Applicant for Residential or Small Power Service refuses to provide the information needed to investigate their credit record, the Applicant will pay the maximum deposit required by the Cooperative. Residential or Small Power Services include rates for General Service, General Service Demand, Single Phase Irrigation, Prepay, Station Power and Small Power Multi-phase accounts.
- General Requirements. The Cooperative shall determine the creditworthiness of an Applicant in an equitable and nondiscriminatory method without regard to the economic character of the area (or any part thereof) wherein the Applicant resides and shall determine the creditworthiness solely upon the credit risk of the Applicant without regard to the collective credit reputation of the area in which he/she lives.
- Applicants for Residential or Small Power Service.
- Applicants for Residential or Small Power Service who provide a social security number that is returned as deceased, non-issued, belonging to a person other than the Applicant, or is fraudulent, shall be required to provide a valid social security number as well as additional proof of identity i.e., valid driver’s license, social security card, etc. before service will be activated. Applicants are not required to provide their social security number as a requirement for service. However, Applicants who refuse to provide their social security number are deemed to pose a greater credit risk and shall be charged the maximum deposit.
- The Cooperative will provide an adverse letter to Applicants or members for Residential or Small Power Service with credit reports returned with a medium or high credit This may be mailed to their address provided to the Cooperative or viewed by the member or Applicant as otherwise directed by the Cooperative.
- Member Deposits for Residential or Small Power Service.
- Schedule of Deposit Requirements for Residential and Small Power Service
New Service
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- Minimum Credit Risk – no deposit required
- Medium Credit Risk – deposit of $335.00 is required
- High Credit Risk – deposit of $500.00 is required
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Residential or Small Power Applicants
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- Minimum Credit Risk – no deposit required
- Medium Credit Risk – deposit charged equal to two times the average month’s usage for the service address during the preceding twelve (12) months with a minimum amount of $335.00
- High Credit Risk – deposit charged equal to three times the average month’s usage for the service address during the preceding twelve (12) months with a minimum amount of $500.00
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- Criteria for Level of Credit Risk for Residential and Small Power Service
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- Minimum Credit Risk – Applicants will be determined to have Minimum Credit Risk if they qualify under one of the following:
- Applicant receives a good credit assessment from their credit report.
- Current member with good credit history at the Cooperative.
- Prior member who has had service with the Cooperative within the last twelve months with no outstanding bills and their final bill paid on time. Within that time period they had less than three late payments, no prior nonpayment disconnect and no NSF check/ACH.
- Prior member who has had service with the Cooperative more than twelve months ago with a good credit assessment from their credit report and no outstanding bills to the Cooperative.
- Minimum Credit Risk – Applicants will be determined to have Minimum Credit Risk if they qualify under one of the following:
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- Medium Credit Risk – Applicants will be determined to have Medium Credit Risk if they qualify under one of the following:
- Applicant receives a medium risk assessment from their credit report.
- Current member with three or more late payments and no NSF check/ACH and no nonpayment disconnects in the last twelve (12) months.
- Prior member who has had service with the Cooperative within the last twelve months and left the Cooperative with an unpaid balance or a balance due that was turned over to a collection agency. Within that time period they had three or more late payments with no nonpayment disconnect or NSF check/ACH.
- Prior member who has had service with the Cooperative more than twelve months ago with a medium risk assessment from their credit report and no outstanding bills to the Cooperative.
- Medium Credit Risk – Applicants will be determined to have Medium Credit Risk if they qualify under one of the following:
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- High Credit Risk – Applicants will be determined to have High Credit Risk if they qualify under one of the following:
- Applicant receives a high risk assessment from their credit report.
- Current member with three or more late payments and was disconnected for nonpayment or had a NSF check/ACH in the last twelve (12) months.
- Prior member who has had service with the Cooperative within the last twelve months and left the Cooperative with an unpaid balance or a balance due that was turned over to a collection agency. Within that time period they had nonpayment disconnect or an NSF check/ACH.
- Prior member who has had service with the Cooperative more than twelve months ago with a high risk assessment from their credit report regardless of whether the member has outstanding bills to the Cooperative.
- Current or prior member who has a meter tampering history on a service that was in their name.
- High Credit Risk – Applicants will be determined to have High Credit Risk if they qualify under one of the following:
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- Interest on Deposits Deposits held by the Cooperative for any length of time shall not earn
- Refunds.
- Any deposit paid by a member taking Residential or Small Power Service shall be refunded promptly along with a statement accounting for each transaction involving the deposit, upon satisfactory payment by the member for a period of eleven (11) consecutive months. If a member on regular billing converts to a prepay billing, any deposit will be applied to their prepay balance.
- Following member-requested termination of service:
- The Cooperative shall apply the deposit to the final bill, or
- Upon specific request from the member, the Cooperative shall refund the deposit within fifteen (15) days after payment in full of all amounts due the Cooperative through the final bill.
- The Cooperative will maintain a record of each Applicant making a deposit which shows:
- the name of the member;
- the current address of the member so long as he/she maintains an active account with the Cooperative in his/her name;
- the amount of the deposit;
- the date the deposit was made; and
- a record of each transaction affecting such deposit.
- Each member shall be provided a written receipt from the Cooperative at the time his/her deposit is paid in full. The Cooperative will provide a reasonable method by which a member who is unable to locate his/her receipt may establish that he/she is entitled to a refund of the deposit.
- Any deposit made by the Applicant or any other person to the Cooperative (less any lawful deductions), or any sum which the Cooperative is ordered to refund for utility service, which has remained unclaimed for one (1) year after the Cooperative has made diligent effort to locate the person who made such deposit or the heirs of such persons shall be presumed abandoned and shall become a general asset of the Cooperative in the year such deposit is presumed abandoned in accordance with the laws of the State of Indiana.
- A deposit may be used by the Cooperative to cover any unpaid balance following disconnection of service pursuant to Rule 11 or applied toward any delinquency billed by the Cooperative; provided, however that any surplus be returned to the member as provided above.\
- Credit Support for Large Power and Industrial Service.
- The Cooperative will evaluate the creditworthiness of an existing member or an Applicant for Large Power or Industrial Service and determine the credit support requirements for such service in an equitable and nondiscriminatory method based on:
- Character and nature of the service requirements, including expected load factor
- Character and nature of the member or Applicant’s operations
- Member of Applicant’s financial strength and history
- Other information as is customary in credit analysis.
- The member or Applicant will furnish such information as is reasonably required by the Cooperative to perform such credit analysis.
- The Cooperative will determine the type and amount of credit support required for such service, which may include:
- Affiliate Guaranty (if creditworthy)
- Irrevocable Letter of Credit in a form acceptable to the Cooperative
- Cash Deposit in an amount reasonably determined by the Cooperative but in no case less than three (3) times the highest monthly usage based on a 100% load factor
- Notwithstanding any other provisions in this Rule 10, deposits paid by members and Applicants for Large Power or Industrial Service shall not be refunded except upon member-requested termination of service of all Large Power and Industrial Service accounts/service locations and upon payment in full of all amounts due the Cooperative for all Large Power and Industrial Service accounts/service locations through the final bill(s).
- The Cooperative will evaluate the creditworthiness of an existing member or an Applicant for Large Power or Industrial Service and determine the credit support requirements for such service in an equitable and nondiscriminatory method based on:
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- This Rule 10 is intended to supplement any specific credit support requirements set forth in any Cooperative Rate Schedule, provided however, to the extent any specific credit support requirements set forth in any Cooperative Rate Schedule conflict with requirements set forth in this Rule 10, the Rate Schedule shall control.
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Rule 11. Disconnection of Electric Service
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- The member shall notify the Cooperative at least three (3) working days in advance of the day disconnection of electric service is desired. The member shall remain responsible for all service used and the billings therefore until service is disconnected pursuant to such notice.
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Upon request by a member of the Cooperative to disconnect service, the Cooperative shall disconnect the service within three (3) working days after the requested disconnection date. The member shall not be liable for any service rendered to such address or location after the expiration of three (3) such working days after the requested disconnection date.
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- The Cooperative may disconnect electric service without request by the member of the service and without prior notice:
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- if a condition dangerous or hazardous to life, physical safety or property exists; or
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- upon order by any court or other duly authorized public authority; or
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- if fraudulent or unauthorized use of electricity is detected and the Cooperative has reasonable grounds to believe the affected member is responsible for such use (e.g., broken seal, broken glass, etc.); or
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- if the Cooperative’s regulating or measuring equipment has been tampered with and the Cooperative has reasonable grounds to believe that the affected member is responsible for such tampering; or
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- if the member has installed generation or fuel cells without proper double throw switches or similar Cooperative approved switching mechanisms to isolate the homeowner system and to protect against electric current being back-fed to the Cooperative’s distribution system.
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In all other instances the Cooperative, upon providing the non-prepay member with proper notice (as defined in subsection (E) of this rule) may disconnect service subject to the provisions of these service rules and regulations.
In the event the Cooperative determines there is evidence that fraudulent or unauthorized use of electricity, meter tampering, or theft has occurred, a service fee of One Hundred Dollars ($100) to investigate the meter tampering/electrical theft must be paid the Cooperative before service will be reconnected, plus reconnect fees, and satisfactory payment arrangements must be made with the Cooperative for the unmetered electricity usage.
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- For non-prepay residential electric service members, except as otherwise provided in subsections (A) and (B) of this rule, the Cooperative will postpone the disconnection of service for up to ten (10) days if, prior to the disconnect date specified in the disconnect notice, the member provides the Cooperative with a medical statement from a licensed physician or public health official which states that disconnection would be a serious and immediate threat to the health or safety of a designated person in the household of the member and specifies the type or form of life support system being used for which electricity is required. The postponement of disconnection shall be continued for one additional ten (10) day period upon the provision of an additional such medical statement.
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The Cooperative may not disconnect electric service to the non-prepay member:
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- upon his/her failure to pay for services to a previous unrelated occupant of the premises to be served;
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- if the member shows cause for his/her inability to pay the full amount due (financial hardship shall constitute cause), and the member:
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- agrees to pay the remainder of the outstanding bill within three (3) months; and
- agrees to pay all undisputed future bills for service as they become due; and
- has not breached any similar agreement with the utility made pursuant to this section within the past twelve (12) months;
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Provided, however, the Cooperative may add to the outstanding bill a late payment charge not to exceed the amount set pursuant to these rules and regulations. Provided further, that the terms of the agreement shall be put in writing by the Cooperative and be signed by the member and by a representative of the Cooperative.
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- If a non-prepay member or user is unable to pay a bill, which is unusually large due to a prior incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection or functioning of the meter, prior estimates where no actual reading was taken for over two months, stopped or slow meters, or any human or mechanical error of the Cooperative, and the member:
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- pays a reasonable portion of the bill, not less than an amount equal to the member’s average bill for the six (6) bills immediately preceding the bill in question;
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- agrees to pay the remainder within a reasonable period of time; and
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- agrees to pay all undisputed future bills for service as they become due;
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Provided, however, that the Cooperative may not add to the outstanding bill any late fee. Provided, further, that the above terms of agreement shall be put in writing by the Cooperative and signed by the member and a representative of the Cooperative.
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- Except for prepay members, the Cooperative will disconnect service between the hours of 8:00 a.m. and 3:00 p.m. prevailing local time, except that disconnections pursuant to subsections (A) and (B) of this rule are not subject to this limitation.
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Except for prepay members, the Cooperative will not disconnect service for nonpayment on any day, or beyond twelve noon (12:00 noon) of the day immediately preceding any day, on which the Cooperative’s office is not open to the public.
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- Except as otherwise provided herein, electric service to any non-prepay residential electric service member shall not be disconnected for a violation of any service rule or regulation of the Cooperative or for the non-payment of a bill, except after notice to such member based upon the following procedure:
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- The disconnect notice will always be included on the member’s next monthly
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- The notice should be in language which is clear, concise, and easily understandable to a layman and shall state the telephone number of the Cooperative’s office which the member may call during regular business hours in order to question the proposed disconnection or seek information concerning his/her rights.
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- The employee of the Cooperative designated to perform the actual disconnection of service in the field shall have in his/her possession information sufficient to enable the employee to inform the member or other responsible person the reason for disconnection, including the amount of any delinquent bill of the member, and shall request from the member any available verification that the outstanding bill has been satisfied or is currently in dispute pursuant to review. Upon the presentation of such credible evidence, service shall not be
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- In the case of energy theft or unauthorized use or meter tampering, the Cooperative will not reconnect such service until the Cooperative has been reimbursed for the estimated amount of energy rendered and the cost incurred by the Cooperative to correct the tampering or energy diversion.
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At the discretion of the Cooperative, local law enforcement agencies may be notified about meter tampering or willful diversion of electric energy to avoid measurement and payment of such energy.
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- The Cooperative may charge a reconnection charge, as approved by the Cooperative’s Board from time to time.
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If the Cooperative disconnects service in violation of these service rules and regulations, service shall promptly be restored at no charge to the member.
The Cooperative will reconnect the service to the member or user as soon as reasonably possible but at least within one (1) working day after it is requested to
do so if the member has satisfied the requirements of these service rules and regulations.
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- The Cooperative has the authority to install an automated service collar. In such case, the disconnection process is performed at the headquarters, so a notice will not be left on the member’s premises.
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Rule 12. Idle Services
The Cooperative shall retire and make proper disposition of idle services, lines or equipment not considered necessary to the efficient operation of the system, to save maintenance costs, prevent vandalism and energy diversion. A service that has not been energized for a period of one year may be schedule for removal. The Cooperative has the right to remove idle services with or without permission of the member. Efforts shall be made to contact the member prior to removal. If the member wishes to leave an idle service in place, they will be subject to the monthly facilities charge. If a member at or near a service that had been retired subsequently requests service, the service extension rules in place at the time of the request will determine charges that may be assessed to connect the new service.
Rule 13. Home Energy Assistance; Disconnection of Service to Recipients
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- For residential energy service only, consistent with IND. CODE 8-1-2-121, without member request, the Cooperative will not, during the applicable moratorium period, disconnect electric residential service to a member who either is receiving or who is eligible for and has applied for assistance under IND. CODE § 4-4-33 or similar state statutes.
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- During the moratorium period, the Cooperative may not disconnect service to such member if:
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- The member’s eligibility to receive benefits pursuant to IND. CODE 4-4- 33 is being determined by Indiana Housing and Community Development (IHCD) or its designee after the submission of a complete application for benefits by the member.
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- The member has furnished to the Cooperative proof of his/her application to receive such benefits or the Cooperative has been so notified in writing by (IHCD) or its authorized
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- This rule does not prohibit the Cooperative from terminating residential electric service upon the request of a member or under the following circumstances:
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- If a condition dangerous or hazardous to life, physical safety, or property
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- Upon order by any court or other duly authorized public authority.
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- If fraudulent or unauthorized use of electricity is detected, and the Cooperative has reasonable grounds to believe the affected member is responsible for such use.
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- If the Cooperative’s regulating or measuring equipment has been tampered with and the Cooperative has reasonable grounds to believe that the affected member is responsible for such tampering.
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- This rule does not relieve the member from the responsibility of making payments on his or her electric bill. The member should establish a payment agreement for any balance due amounts on the bill. The Cooperative may continue to seek collection of delinquent bills by normal means, including but not limited to, letter, notices, telephone calls and in-person visits to the home.
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Rule 14. Informational Pamphlets and Rate Schedules
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- The Cooperative will publish and distribute, to all applicants for service and to all current members, a pamphlet or other informational material containing the Cooperative’s Bylaws and a summary of these service rules and regulations. These documents will also be available on the Cooperative’s website.
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- The Cooperative will supply free of charge a copy of the rate schedules applicable to the types of service available to new applicants and for existing members of residential service, upon request by the applicant or member. These documents will also be available on the Cooperative’s website.
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- Whenever the Cooperative changes its residential or other base rate schedules, the Cooperative will provide its members with notice of this change at least thirty
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(30) days prior to the effective date via the monthly newsletter, a bill stuffer, or other medium generally disseminated to members.
Rule 15. Standard Nominal Frequency
In supplying alternating current, the Cooperative will adopt a standard nominal frequency of 60 HZ. Momentary variations of frequency of more than five percent (5%), which are not due to lack of proper equipment or reasonable care by the Cooperative, shall not be considered a violation of this rule.
Rule 16. Standard Voltage and Permissible Voltage Variation
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- The Cooperative shall adopt 120 volts as the standard nominal service voltage as may be required by the Cooperative’s distribution system for its entire constant voltage service. The voltage maintained at the member’s main service terminals shall be reasonably constant as follows:
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- For residential service, the voltage shall be within eight percent (8%), plus or minus, of the standard adopted.
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- A greater variation of voltage than specified above may be allowed when service is supplied to a limited or extended area where members are widely scattered or when the loads served do not justify close voltage In such cases, the best voltage regulation practicable under the circumstances will be provided.
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- Variations in voltage in excess of those specified, caused by the following, shall not be considered a violation of this rule:
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- the operation of power apparatus on the member’s premises which necessarily requires large starting current;
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- the action of the elements; or
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- infrequent and unavoidable fluctuations of short duration due to system
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Rule 17. Voltage Surveys and Records
The Cooperative shall have available suitable voltage measuring equipment to conduct voltage surveys in sufficient number and diversity to satisfy the Cooperative’s compliance with the voltage requirements of these rules.
Rule 18. Monitoring Instruments
The Cooperative will install such instruments as may be necessary for the Cooperative to obtain complete information as to its monthly electrical energy purchases, unless such instruments are furnished by the public utility from whom the energy is purchased.
Rule 19. Interruptions of Service
The Cooperative will keep a record of any interruption of service affecting its entire system or a major division thereof, including a statement of time, duration, extent and cause of the interruption.
Rule 20. Line Construction
The Cooperative will follow applicable statutes, regulations and ordinances and applicable National Electric Safety Code (NESC) codes and American National Standards Institute (ANSI) standards in the construction and maintenance of electric facilities.
Rule 21. Extension of Distribution Service Lines
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- Cooperative’s Responsibility. Upon a receipt of a complete application for service from the member, and subject to the member’s performance of its obligations under this Rule, the Cooperative will construct, own, operate and maintain the necessary electrical facilities for rendering service to the member’s meter in the case of underground services, or weatherhead in the case of overhead
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- Member Responsibility. The member shall provide the meter base and all wiring on the member’s side of the meter subject to such reasonable specifications and inspections as might be prescribed by the Cooperative. For overhead installations, the member must provide the conduit and wire that runs from the meter base to the weatherhead. For underground installations, the Cooperative will provide enough cable to reach the meter base.
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However, the member must provide the meter base and the conduit from the meter base to the bottom of the trench and the meter base itself. The Cooperative may require the applicant to submit to the Cooperative sufficient designs and/or plans for the member’s facilities before proceeding. If the Cooperative provides the designs and/or plans the Cooperative may require the applicant to reimburse the Cooperative. The Cooperative shall have no responsibility for facilities installed by the member.
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- Extensions of Secondary Distribution Facilities. The Cooperative shall, upon proper applications for service for overhead and/or underground distribution facilities, provide at no cost to the member the Secondary Service Line, which shall include: (i) secondary meter; (ii) up to 250 feet of wire to the transformer; (iii) lift poles, if necessary; and (iv) 15 kVA transformer.
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- Extensions of Primary Distribution Facilities. The Cooperative shall, upon proper applications for service from overhead and/or underground distribution facilities, provide necessary primary distribution facilities for rendering adequate service, without charge for such facilities, when the estimated revenue to be realized by the Cooperative from permanent and continuing members on such extension for a period of two and one half (2 ½) years (“Estimated Revenue”) is at least equal to the estimated cost of such extension of primary distribution facilities.
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- For purposes of this Rule, the Estimated Revenue for a line extension to a new permanently occupied residence shall be equal to $1,200.00.
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- The Estimated Revenue for a line extension for any other member shall be the member’s total estimated retail electric charges minus the portion of the estimated retail electric charges that are designed to recover generation and transmission related costs, as determined by the Cooperative. The Cooperative shall use its most recently approved cost of service study to calculate the Estimated Revenue.
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- Extension of Services for Residential Subdivisions. The developer should make arrangements for permanent facilities to be installed after the county plan commission or other comparable authority in the Cooperative’s service territory approves a subdivision. The Cooperative shall charge the developer an estimated cost per lot to serve the subdivision or partial subdivision as referenced in this rule. The estimated cost will be calculated annually based on the actual cost of service. Such calculations will be provided to the prospective developer. The developer shall pay the Cooperative:
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- One-half the cost after the request for permanent facilities is made and before the Cooperative will install these facilities.
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- The remaining one-half within seventeen (17) business days of the postmark on the bill rendered by the Cooperative when said facilities are completed.
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The Cooperative shall for a period of six (6) years refund to the developer the Estimated Revenue calculated in accordance with Section (D)(1) for each permanently occupied residence within the subdivision taking permanent electric service from the Cooperative, not to exceed the original installed cost to the developer.
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- Extensions Exceeding Cost Limitations. If the estimated cost of the extension required to furnish adequate service is greater than the Estimated Revenue, such an extension shall be made by the Cooperative under the following conditions:
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- Upon proper applications for such extension and execution of a Line Extension Agreement provided in Section (H) below and adequate provision for payment to the Cooperative by such applicants of the estimated cost of such extension that exceeds the Estimated Revenue, the Cooperative shall proceed with such extension, or
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- If in the sole opinion of the Cooperative: (a) the prospective revenue to be received from the proposed line extension is so speculative or meager as to make it doubtful whether the revenue from the extension would ever pay a fair return on the investment involved in such extension; or (b) the proposed line extension is for a real estate development with slight or no immediate demand for service; or (c) the proposed line extension requires extensive equipment with slight or irregular service, then the Cooperative may require the applicant to pay the full cost of the line
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- Additional Members. For each member, exclusive of the initial applicants considered in the making of an extension, that has connected to such an extension within the period of six (6) years from the completion of such extension, the Cooperative shall refund to such initial applicants an amount determined pursuant to this Rule (the “Refund”). In no event shall the total of all Refunds exceed the aforesaid contribution in aid of construction paid by such initial applicant(s).
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- If the additional member(s) has no line extension costs, the Refund shall be equal to the Estimated Revenue for the additional member(s) (not to exceed the original contribution in aid of construction).
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- If the additional member(s) has line extension costs, the Refund shall be equal to the Estimated Revenue for the additional member(s) less the cost of the line extension (not to exceed the original contribution in aid of construction).
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- Information.
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- All estimates of costs as required in this Rule 21 shall be determined by the Cooperative in its sole discretion.
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- In the event that the applicant is required by this Rule 21 to make any payment, the Cooperative will, upon request, make available to the applicant:
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- the information used to establish the basis for the applicable amount; and
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- the information used to establish the basis for the Estimated Revenue.
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- Contract for Service. The Cooperative shall not be required to make an extension as provided in this rule unless the members to be initially served by such extension upon its installation have entered into a Line Extension Agreement, which may require the member to provide a satisfactory guaranty to the Cooperative of the performance of the member’s obligations thereunder, including but not limited to, a letter of credit or other security instrument.
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- Variations from Rule. This rule shall not be construed as prohibiting the Cooperative from making extensions without charge even if such extension does not comply with this Rule 21.
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Rule 22. Member Modification Requests; Liability for Costs
If a member requests for his/her convenience or by his/her actions requires that utility facilities be redesigned, reengineered, relocated, removed, modified or reinstalled, the Cooperative may require the member to make payment to it of the full cost of performing such service.
Rule 23. Rate Schedules, Rules, and Regulations
Copies of all schedules of rates for service, forms of contracts, charges for service connections and extensions, and of all rules and regulations covering the relationship between the member and the Cooperative shall be maintained in the local office of the Cooperative and shall be made available to members affected thereby.
Rule 24. Access to Property; Maintaining the System, Right of Ways, Member
Responsibility
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- Maintaining the System. As a condition of receiving electric service from the Cooperative, the properly authorized agents of the Cooperative shall have the right to enter upon member’s premises at all reasonable times for the purpose of installing, locating, inspecting, maintaining and providing access to facilities and reading, testing, repairing or replacing the meter(s), poles, lines, circuits and other equipment used in connection with its service and removing the same on the termination of the contract or the discontinuation of service. The member shall, upon request by the Cooperative, provide to the Cooperative easements or right-of-way over, under and on such lands owned, contracted for, or legally controlled by the member for the furnishing of services to the member or other members or for the construction, operation, maintenance or relocation of facilities.
- Right of Ways. As a condition of receiving electric service from the Cooperative, the properly authorized agents of the Cooperative shall have the right to enter upon the member’s premises at all reasonable times for the purpose of maintaining, trimming, clearing, spraying, or removing trees, vegetation, and brush as Cooperative deems necessary to maintain its facilities and provide safe and reliable service. The member shall, upon request by the Cooperative, provide affirmative consent or written grants of easement or right-of-way on, over, across, or under all lands owned, contracted for, or legally controlled by them for the purpose of allowing the Corporation to maintain, trim, clear, spray, or remove trees, vegetation, and brush, and each member shall participate in any program that may be established by the Cooperative for the maintenance of all such rights-of-ways.
- Member’s Responsibility. As a condition of receiving electric service from the Cooperative, the member shall provide and maintain, on private property, all roads, dikes, ditch-banks, etc., required for the safe and stable access by Cooperative personnel and vehicles for the purpose of construction, maintenance, repair, replacement or removal of its property or to perform disconnection or reconnection of service.
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Rule 25. Limitation of Liability, Indemnification, Continuity of Service, Phase Protection
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- Neither Cooperative nor member shall be liable to the other for any act, omission or event caused by strikes, acts of God, or unavoidable accidents or contingencies beyond its control.
- Cooperative shall not be liable for any loss, injury, or damages (whether direct, indirect, or consequential) resulting from any failure to supply electricity or for an interruption, limitation, or curtailment of electric service due to any cause whatsoever other than willful default or gross negligence of Cooperative.
- Cooperative shall not be liable for any loss, injury, or damages (whether direct, indirect, or consequential) caused by wiring, electrical appliances or equipment on member’s premises.
- Cooperative shall not be liable for direct, indirect, or consequential damages resulting from the presence or use of electricity or the presence of Cooperative’s equipment on member’s premises, unless due to the willful default or gross negligence on the part of Cooperative.
- Member shall not make any internal or external adjustment to or otherwise interfere with or break the seals of meters or any other Cooperative owned equipment installed on member’s premises, and member shall ensure that no one except employees or agents of the Cooperative do so.
- The Cooperative does not guarantee phase protection on a multi-phase service. It is the member’s responsibility to provide and maintain suitable protective devices on member property to prevent any loss, injury, or damage that might result from single-phasing conditions or any other fluctuation or irregularity in the supply of electricity to member’s premises. The Cooperative shall not be liable for any loss, injury, or damages (whether direct, indirect, or consequential) resulting from a single-phasing condition or any other fluctuations or irregularity in the supply of energy which could have been prevented by the use of such protective devices.
- In the event of loss or damage to the Cooperative’s property through willful misconduct, misuse, or negligence on the part of member or its agents or representatives, member shall be liable and shall pay to the Cooperative the cost of the necessary repairs or replacement of Cooperative property. Member shall also be liable for any injury to any person, including the loss of life, caused by willful misconduct, misuse or negligence on the part of member or its employees, agents or representatives.
- Member shall indemnify and hold harmless Cooperative from and against all claims, liability, damages, losses, fines, penalties and expenses based on any injury to any person, including the loss of life, or damage to any property, including the loss of use thereof, arising out of, resulting from or connected with, or that may be alleged to have arisen out of, resulted from, or connected with, willful misconduct, misuse or negligence on the part of member or its employees, agents or representatives.
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Rule 26. Saving Clause
The Cooperative reserves the right to amend these Rules and Regulations in whole or in part, as deemed appropriate from time to time in the sole discretion of the Board of Directors of Cooperative.
