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1973-13` + }3iil tVo, I973-1.3 Ot~.?J.%NAIJC I~;O. 8.33 CITY OF RICIII'IELD, IIENNEP7~N COI7NTY, NIZNNESOT.A AN C~RDINA.NCTJ GRAi~TTING TO NORTHERN STATES POWER C~J:~~PANY, A NaIIdN~.;S©TA CURPORATIt~N, :L`I'B SUCCESSORS ANI~ ASSIGNS, PERi~I.aS~ON TO CONSTRUCT, OPERATE, RiaPAIP,, AND ~•~AINTAZN, IN TI-IE CITY OL'' KICHFIELD, :MINNESOTA, AN ELECTRIC DIET RIF'UTION S1'STE:i AMID TR1~tS2~ISS:LUN LINES, INCLUDING NECESS~.RY :E'OLLS, POLE LINF.,S, At~I9 FI'YTURES Ai~D .APPURTENANCES; FOR `.SHE a'UP,NISIIING OF EL,~::CTs~:~C EN:~..;ItGY TO THECITY AND ITS IN~IA33IT,~INTS, A~7D OTcIEPS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GRO`[3NDS O:~' SAID CITY L'OR Sf3CH PURPOSES; PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF, APdD PRESCRIBING THE :~2ATES T9 LiE CHARGED THEREFOR, CITY OF RICZ~FZELD DUES URD.AIAd: G.3- ~e~t-~-~sn-- 1. k~URPOSES. ?Jorthern States I'~a~~,~ex Company, a corporation organised under the laws of the State of Minnesota, omens and operates property used and useful. in the production, transz~.ission, distribution and sale of electricity in the City of Richfield. The City Council has determined that it is desirable, in the public interest, and to the ad~rantage of the consumers of electricity in Richfield, that a franch~+~e be granted to Company upon the. terms and Londi-tions contained herein. C;vmpany, in consid?ration of benefits accruing to it under the franchise agrees to supply P1~:ctric ser~~ce ~.n R chfield upon t:he terms and conditions ~:~nt~.i~a~~ h4:~eirz, ,~~ .:3.;> .. Se~=~r 2 I~EFIi~ITSCI~S, SubdiYris:ion ~..- In this o.rdiraance ®`1~1i1Tai~i~7a~.? t~s~ ~ ssMt333i ~ip3~ Cot3r+ci ~.." ~ %l:C3C~ "~7uraicip~.l Clerlc"• aneara, respectively, -the C~.ty a~~ R~.ch~~ivl.d~ th Coaanc~.l oc the City of Richf:i.eld~ ~`~nd the C-! e~:k o:~ the City caf Richfield, :Cf at gray tim.~ •the po=~rers oY the T~~unicipality, •the Municipal Council,. or the municipal Clerk shall be transferred to any ether aut?~aori-ty~ baard~ office, ox officers, then such authority board, o:~fice:~,~ ox officers shall have the rigrht,, power® and duties herein given to the Municipalityp the Municipal Council, an~-~ the Municipal Clerk, ~•espectively® Subdo 2n "Company" means Northern St~.-~es ~o=per Company, a Minnesata Corporation, a,ts successors and a.ssignsa Subd. 3 e "1~letro Ares." includes ~? 11 areas serve with electricity by Company in the Counties of Hon;°~epin~ RaIalsey, w%~shlnc~-tOXa p Dakata, A31Qk~ y Cr~rVe~' ~ and .riCOt-~: Subd4 4. °iMe-tro Rate Authority" o.r "Authority" means th® arganizatian of municipalities created by joi:~t agr®em~ent and amendments thereto, pursuant to Minnesota Statutes Section ~?71®59 and which is authorized to ad.ministe?- provisions of this ®rdinance as herein pxov~.deda ~'he Authority consists a:c xep:resentati~res of all municipalities which adopt this uniform franchise ordinance, 2 i Subd. 5~ "Executive Committee" or 11Committee" means the committee appointed by the Authority. The Committee shall consist of not more than 15 membe-rs. The Committee shall have those powers specified in this .Franchise and those delegated to ~.t by the Authority pursuant to the joint agreement. Subd. 6. "Party" means the Municipality, the Authority or Company. Subd. 7. "Person" may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. Subd. 8. "Notice" means a writing served by any party or parties on any party or parties. In the case of Company, notice shall be mailed to an officer thereof at 41~ Nicollet Mall, Minneapolis, Minnesota. zn the case of Authority, notice shall be mailed to the Rate Administrator. In the case of Municipality, notice shall be mailed to the Municipal Clerk, Subd> ~. "Rate Administrator" means a professional person qualified and experienced in public utility regulatory matters. The Rate Administrator is appointed by the Authority. C ', - ~) . j :7 Sear 3. GRANT. Subdivision 1. There hereby i.s granted to Company for -the period extending to January 1, 1983, tsubject to termination on December 31, 1977 upon 3 notice From Company to T~unicipality and Au notify, or upon notice of t'[unicipality 'to Authority and Company at least 9d days before said date of December 31, l~"77} the righ'c and privilege of constructing, operating, repairing, and maintaining in, on, over, under, anal across the sheets, alleys, public ways, and public grounds of Municipality, an electric distribution system and electric transmission sines, including all pales, pole lines, conduits, and futures and appurtenances, usually, conveniently, or necessarily used in connection therewith, for the purpose of transmitting and furnishing electric energy for light, heat, power, and other purposes fo.r_ public and private use in and to Municipality and the inhabitants thereof, and others, and for the purpose of transmitting electric energy into and through Municipality. The electric distribution system aril transmission lines shall be so located as no-t to interfere with the safety and convenience of ordinary travel along and over said streets, alleys, public ways, and public grounds. Subd. ~. ibis ordinance is intended to regulate the exercise of the rights and privileges granted to Company herein. Nothing in -this ordinance is to be construed -to modify, alter or amend any statutory or charter power of the .t~unicipali~ty to regulate the use of its streets, alleys, public ways and public grounds. Such regulations; insofar as they do not affect the rate regulation and administration p.rovision.s of this ordinance, need not be identical among members of -the Authority. Subd. 3. Nothing in this ordinance prevents the powers of the Authority from being hereafter delegated by law too some other go~Ternrnental authc7.rty. .; =~ -- ._ Se~t~:4~i 4. EXTENSIONS; SERVICE'; RULIJS AND REGULATIONS. Subdivision 1. Cort~pany shall provide reasonably efficient., adequate and non-discriminatory service, at reasonable rates, to all members of the public within the Municipality who apply far such service in accordance with rules and regulations of Company. Subd. 2. Company may, .from time to time, p.rornulgate rules and regulations which are reasonably necessary or convenient in the conduct of its business, The rules and regulations may govern matters, including but not limited to, forms, contracts, extensions of service, curtailment of service, reconnection charges, billings, security deposits, and late payment charges, if any. Existing rules and regulations of Company snail be filed promptly with .the Authority and shall become effective on filing. They shall be kept open for public inspection. Thereafter Company may file amendments thereto or additional rules and regulations. Within 6Ct days after such filing the Ea~ecuti~~~e Committee may, on its own motion or on the request of Nrun:icipality, revieta such amendments or rules and regul:~t.~~>~~s. 5 The Committee, after public hearing, may by resolution disapprove any such amendment or rule and regulation which is unreasonable or unlawful, ~- ._ -See-t-~c~~i ~ o SERVICE INTERRUPTION > Subdivision 1 m Company grill provide eontint~ous, adegriate and non- disc:ciminatory electrical service in the T~Sunicipalitya Subd~~ ?_a Company°s provision of electric service to its customers is subject to interruption and disturbance of service due tos {a) conditions beyond its control; (b) necessary anaintenance and operation of its system; (c) effect of operatior_s of any interconnecting electric systems; (d) curtailment of electric service as may be prudent to maintain service to priority loads or to maintain the operating stability of Company°s system; or (e} Temporary interruptions or disturbance of service; neither Company, r~unicipality, the Authority nor any customer shall be liable for damage or loss for interruptic~~n or_ disturbance of service due to said causes. Company wil:... not be in breach of this franchise for interruptions of service due to such causes. 6 Subda 3. Company drill promptly take such action a;~ may be practicable under the circumstances to remove the cause of any interruption, disturbance, ar curtailment and to resume normal delivery of electric service. Se~~-t-3-c~n 6. 1VONEXCT,USTVE FRANCHISE„ This is not an exclusive franchise. x, Sept-.~e<a 7. RATES. Subdivision 1. The rates and charges imposed and collected by Company for services in the Metro Area shall be fair, just, reasonable and compensatory and designed to recover all reasonable costs of service therein, including a reasonable return as herein provided on the capital investment in the business under an economical and efficient management. Subd. 2. The rates charged to any class of customers wi11 no-t cast an undue burden on any other class of customers nor sha11 any rates charged to customers within the same class of service cast an undue burden on other cu.storzers within that class. Subd. 3. The schedule of rates contained in Appendix A, attached and made a part hereof by reference, is effective as to all bills computed on regular meter readings on and after the effective date of this ordinance. The schedule shall remain in effect until changed in accordance ;~ =~ :~ __ with See~~8 of this franchise. The cost to the Company of any franchise fee, street rental charge, gross recel~~t taxes, or any other duties or imposts, imposed by the 7 Munici palei.ty ~a_i_11 be :recovered by Company as a surcharge to such rates within the Municipality. Ad valorem taxes may not be recovered by a surcharge. Such surcharge will be ee~uitably distributed among electric customers :i_n the Municipality. ;~ :.a .__. -e~tzo-a~ 8. RATE CHANGES. Subdivision 1m Company may change its rate structure by changing classification. of rates, -the number of blocks, size of blocks, the .prise differential between blacks, or by adding a new classification of rates or by closing or withdrawing any existing rate classification or schedule, Any such change which does not result in a higher rate for a.n existing customer may be made upon twenty days notice to the Rate Administrator and shall be supported by data showing the desirability of the change and the reasonableness thereof. Other changes i-n rate structure shall be made under Subd. 2 of this section. Subd. 2. The rates contained in Appendix A shall remain i.n effect until March 15, 1974. On or before February 1, 1974, and thereafter on ar before February 1 of each year during the term of this ordinance, Company shall file notice with the Authority that it will either continue,'decrease, or increase the rates or continue or change -the .rate structure which wi.11 become effective on bills rendered on and- after P~Iarcrz 15 of that year, to enable Company to realize Actual Net Earnings during tx~r=. 8 calendar year o f filing egi~~a1 to t:he Allowable annual Return, as defined in S.c~.~?~.on 10 plus part or all of any debit balance or less part or all of any credit balance z.n the Stabilization Reserve Account established _~~.. 7 _ .._ ~ - under ,S°c--t-.?_~~~- 15 ,. The f fling shah. recite the proposed change or continuance and the forecasts substantiating it. provided ,however, in order to minimize or prevent excessive fluctuation in the rates, the Company may. additionally once during a calendar year, but not prior to July l5 thereof, adjust the rates in the same manner as provided above. Subd. 3. ~~~he rates to become effective on and after March 15, 1974, pursuant to Subd. 2 of this section, shall be subject -to a temporary reduction during the year 1974 totaling $6,00,000, Such reduction and any credit balance in the Stabilization Reserve Account resulting from 1973 operations will be applied only to the bills of customers located in those areas of the Metro Area in which the base electric rates for residential service, general service, and large general service were no less than such base electric rates charged in the City of Minneapolis on January 1, 1973. Base electric rate means the charge-to the customer for electric service excluding any franchise fee, street rental charge, gross receipts- tax or duties or imposts, imposed by the municipality included in or added to said charge. 9 Subd. 4 v lncrea~es or decreas°s .a.n r a-~~es or .cha continuance of exis-c.ing r_~ates shat-~ be based an :Earecascs for the calendar year of fi~__i.ng of expenses, capital costs and of the revenues required -to enable Compan1j to earn an amount equal to the Allawable Annual Return defiried in Sew-'~.~.~n~ 10, plus part or a1.1 of any deb:~te balance or less part or all of any credit balance in the _... Stabilization P,eserve Account as provided in Seot-inn. 15. Subd, 5. Company will annually supply. forecast data to the Rate Adm.a_nistratar in accordance with the following schedule: , Revenue Budget November l Expense Budget December l Capital Budget December l5 or an such later dates as the Rate Administrator may authorize. 5ubd. 6. On or before December 1, 1975, and at intervals of no more than five years thereafter, Company shall furnish a current study of its rate structure to the Authari-tt,~ . Subd, 7. On o-r_ before March 1 of each year Company will supply Authority with a tabulation of customers and revenues attributable to each Municipality in the Metro 1-lrea far the prev:i_ous calendar year. °;~ . - ._. Seer 9. R.A'~:~5, RATE ~'ILTi~TC„ Subdi.v:i.sion In ?`::?.~~ filing by Company cTi-th the Authari~ty to c~~arige or cant._k.zx~; 10 ,. any r.L~.tes or rs,te structures as provided in ~ec~ion 8, Subd. 2., may be altered, amended, or revised by the Executive Committee in conformance with and subject -to the provisions of this ordinance. Subd. 2. The Ha'ce Administrator shall rna3~e written recommendations as to the filing -to the Executive Committee within 20 days, of the filing, Subd. 3, Any alteration, amendment, or revision in the filing shall be made by taritten order of the Executive Committee which sets forth its findings and conclusions upon all material issues, The order shall be served on Company within 35 days after notice of the proposed change or continuance of rates has been filed with the Authority, Subd. 4. Company may obtain judicial review de rzovo of any Executive Committee order of alteraticn, amendment or revision of rates in the District Court of Hennepin County if proper application is made therefor within 30 days after service of the order of the Executive Committee upon Company. if judicial review is applied for, t~Ze rate proposed by Company in Soot~an 8, shall be in effect until the question of such alteration, amendment, or revision is finally determined by the court. In such revie~,a anc3 determination Company has the burden of proof A~. i_he time of applying .for judicial review, Company shal:.L if ordered by -the Court, file with the Clerk a corporate undertaking obligating it to comply with such relief a3 11 t'rze court may order consistent ~r?-1.th i~he prov:~sions of t:`~is franchise. Subd. 5o The rates determined ~.znder Section 8 or this Section are the "Metro Area Rates", See-#:-_E-~?=~ 1Q. RATE i~i1~.KINGy~ D~:E~CNImIONS. Subdivision l . For 'che purposes o.f tizis ordinance, the terms des i ned in .this sec~tio.n have the meanings given them. Subd. 2. ~"Allowable Annual Return" means the product obtained by multiplying -the Allowable Rate Base by the Allowable Rate o:E Return. Subd. 3. °'Allowable Rate of Return" means the ceighted average actual cost.for the year of filing of 1) Senior Capital of Company and its utility subsidiaries and 2) the Allo~,~able Return on Common Equity. Trze we_i.ght to be given to each class of capital shall be based on Company and its utility subsidiaries' actual average outstanding amount of each class throughout the year of filing. Subd. 4. "Allowable Return on Common Equity" rnean,~ that r°eturn on co.~mon equity capital determined pursuant to Section 1.2. Subd. 5. "Senior Capital" means all debt, including short-term debt, and preferred stocl~. Subd. 6. "Cost of Senior Capital" means the weighted average cost of all senior capital, where -the cost o:~ each issue ? s obtained by multiply.i•ng ~~.he princ~.~~~~?. a.mount~ of the issue by the interest x•ate in the case o~ 12 debt and by the di~.TJ_dend rate in the cafe o:F preferred stock, and dividing by the net proceeds of the issue. Subd. 7. "Ne-t proceeds°° in the case of long-term debt capital means the principal amount issued, plus premiums .r.eceived, less issuance expense and d-i.scounts. In the case of short-term debt capital, the term means the sum of a) the principal amount of bank loans outstanding, and b) the principal amount of corcmercial notes, less prepaid interest. In the case of pref erred stock, the -term means the stated value plus premiums, less issuance expense and discounts. Tn the case of re-acquisition, retirement or refunding of long-term debt or preferred stock, the call premiums, expenses and discounts are to be considered as part of the over-all cost of capital. Subd. 8. °°Actual Net Earnings°f for the year 1973 means actual gross revenues of Company received for electric utility service furnished in the r~Ietro Area less operating expenses reasonably incurred in rendering such service. F'or subsequent years said term means gross revenues of Company for electric utility service furnished in the Metro Area computed at the Metro Area Rates, less operating expenses reasonably incurred in rendering such service. To the resulting ,net income shall be added that portion of the amount credited under the Uniform System of Account..-s to Allowance for Funds Used During Construction applicable 13 to canstru~.-tion work i n pr~`%c~'r:ess inc:i-ucl.ed in the A11osrTable Rate S3ase in Subd. ~ herPo:F. ~~'or -the years :1.9;3 and 19`74 such al~.owance shall be campu-ted at the rs:~te or ~ o. Thereafter, the annual percentage race applied to deterzxzine the Allowance far Funds Used During Construction" sha.1.:.I. b^ the ;Lower of a) the n-earest even one-half percznt k7e_Low the prajected overall rate of return or b) the current incremental cost of financing new construction, and shall change only in increments of one-half percent, provided, however, that such annual percentage rate shall no-t be mare nor less than that required by the Federal .Power Commission. Clperating expenses shall include Reseaz•ch anal Development expenses and donations made for charitable, sacia.l, or camrnunity welfare purposes ~ Research. and Development expenses shall be accounted :For in -tlze manner prov~_d€~d in the Uni form System of Acco~un-ts, Subd. 9. "Allowable Rate Base°' means the average of net plant Jess customer contr.i~buted capital a.nd plus wor'~ing capita3.. Net plant rn.eans a} the ariginal cost of electric utility plant ~.r..d co:mmon utility plant used and useful iri rendering electric service in the I~ietro Area, plus b) that portion of the original cost of pl«nt held for appl_i.cab ?••ese:~•vcs future use a,nd cons t 1e to -the Metro A.rea., for depre ciatio.r. and Cu,s tamer cozltrib1x-ted ruction wort: in progress less c) related boosted amortization. capital means amounts 14 rt?~_tia'~E-'(~ ~.~J sC°~'S7i_C:2 :l.n ~:._~"lc; 1u!t?i::C'c~ A~°C.'ct C(JTI'~r.1'~Jl::tC~d O,~ ~,d'~%~~'nGP_.d by customers for construction and amounts collected from cus-i_orners through r~~tes a~'zd charges for deferred operating expenses and -taxes except where deduction of %he deferred ar?~ic~?.?nt is specif~~call-y p~~~hibi ted by 1:r~ternal Revenue La~;rs. Said ~~.mvunts shall include but are not necessarily 1i_mited to amounts credited under the current Federal. Power Commission Uni form `System o:E Accounts -to Accounts 252 Customer Advances fox Contraction, 255 Accumulated Deferred Snvestmen't Tax Credits (except that portion where deduction from 'the rate :base is prohibited by the Internal Revenue Laws), 2'71 Contributions in Aid of Construction, 2~1 Accumulated neferred Income Taxes -Accelerated amortization, 2£~2 Accumulated Deferred Income Taxes -- Liberalized Depreciation, and 2t~3 accumulated Deferred Income Taxes Other> Unless otherw:.ise mutually agreed upon between Company a.nd the Fxecuti'~re Committee, working capital means and includes the following, based on amounts allocable to the D~ie-tro Area. (a) cash =faorking capital equal to one-eighth of operation and maintenance expenses excluding purcl-zased power and one--half of fuel expenses, plus average compensating bank balances to support short-term borrowings. ]_ess the raonthl.y average of accrued property and income .axes; 'rout cash work~_ng capital. sha11 not be less than 15 zero;. ~>ltz~~ ;.~i) mor!.thl~t average nre.~a~rme.n-ts, p.I_u:: {c:) month~_y average z;zateri a.ls and supplies; plus (ci) monnthly average fuel stocl~s, plus (e) monthly average miscellaneous deferred debits. -- ~~ _ ' - ~,~~.~~~_~.~z 11. ALLOTraA~3~,E R~TLS U P~E't'URN. Subdiv~i_sion 1. At t~ze time of an annual x"a-te filing, a projection of Alloi~rable Rate of Return shall be used as a basis :for calculating allou~al~le revenue fo:r the calendar year of fi1_i.ng. Iat the close of such year the A~~_lo~rabl~ Rate of Return shall be determined and shall be used as a basis for the Allo~.~able Annual Returns ' Szzbd a 2 4 Alloi~able Rates o:~ Return and projections t.hereof_ shall be calculated to the nearest one-hundredth of on<~ percent. <~ { ._. Se~t_~:~.~z 12. AL~~,OT~??ABL:E ~'.ETURN 0~1 CO~NION EQUITY. Subdi"visi on 1.. Company shal:L be alloc~7ec3. a Return on Common Equity :Lor the Metro urea for the calendar _year 19 / ~ of .13.25 :~'or the cal,~~ndar year 1974 Company shall be rzlloTw~ed a Atetzzrn on Coz=nmon Equity for the Metro Area of 12.95 ~ . ~'or years sub5equerzt to :1974 a Company or tine EKecAa t~~.ve Committee r:~ay request a prospective change in the A:~.lo~~a.b1e 1?et„rr., on Coznmor. Equity. Suc'n requests shal.~. be made dL?ring t.h~ti.~ period bet~,aeen P;lovember 1.5 and December 1.5 in a.ny _year$ "to ~~e e£i:ective as of January 1 of the ne at years by s c,; v i.nc~ u;~on the other :['arty a zzo-tice s-ta l-dn. ~_he rea.sorzs :~zzpportiz"zg such. change and specifying the :.L 6 pro;oosed A L ~.o~,~a?a~_e ~Zetur~~. can Lor~ur~on :~c~ti.ity 'nor t:,~e year. l_f no regzzest a_s ln~,de t.}ie Allowable Return o~i C~oramon vqu:ity reiztains in of sect. S~~bd. ? A The rectues t ~.or change ire the Allowable 2e~-u~~•n on Coru~on Eguity sJ.~.a11 be r~ti~iewed ty the ;.ate f~dm:i_~~~:is t~~ator who shall :~o ~trr~riti~. set ~~, date prior to ,Tanuary 15 for l~.earing. upon such -ree~uest. He sha:Ll give 10 days notice of such hc;.ar.ing published once in a legal newspaper in each county in the Nletro Area. At least two. days prior to -t.he hearing date8 an_y person nzay :File with the Rate AdTniz~~i.stra-tor ~:~ wr_itten notice of ,in-tention to appear at the hearing and of the nature and extent o-f his par-ti- cipation. On7_y p~=rsons~complying with this notice pro,~:ision i gay be heard- at tl~.e hearing. The Rate I-~d~~ct~n:i.s•t.r~.-tor s~z~~:Ll prescribe reasonab:Le rules ar~d regu~_~.tions for -the conduct of such ~~earings. Upon coz~plet ion o.f th:~ hea.r~~ng9 ar~d no :Later than FebrLaary 15, the ~~ate Administrator ~v~ri 11 serve on Go:~.pany and the Authority a wr?.ttran order determining the Allowable Return o~ Oc~~:c~mon ~,c~ui'ty for the f~.urrent year anc? setting forth h1s :t~indings and cone?usions on all material issues relative to h:ls d.ete:~•mi nation. - If no appeal is taken from tI-:c. Rate ~;~i~nini senator ~ :~ order of determination, 'tk~e order is fina3_, ~f an appeal is taken frorri the Rate ~~f~rCis~7°lJ_.r-',~.ato:C'g5.C7:i"C'iG~ o~ U.E?t°rI11i'lat3.fJny ~t~Je cJ.:~:de1" 1.~ c"~n c~ int c,r?zn orde:~: ~~nd shall rerc~ain in e:~.yect tcni~il. f~.nally 1 '~ determined, provided i:et°tat the ef~:ective 1~1_Lowable Return on Common Equity for ~_nterim rates shall riot be less than that e~.is-ting at the time of the filing fora riiange in file Allowable Return Qn Common Equity. The Allowable P,eturn on Common Equity finally determined shall be ef-~ective as of the proposed effective date. Subd; 3. ~rTithin -ten days after receipt of the order of determination, any Party may appeal the order ~ta a hea-ririq panel by filing a notice of appeal with the Authority and Company. The panel shall consist of three members of professional standing, each having one vote. The members of the hearirxg panel sha11 be selected as followsa Within 2Q days of notice of appeal the Company end the Authority shall each appoint a panel member and each shall imrned_iately notify the other of such appointment. ~.C'he two panel members so appointed shall, within five days after the second member i.s appointed, select a third panel member. if the first two panel members are unable to agree on a third panel. member, the third panel member shall be appointed by -the Chief Judge of the Hennepin County District Court ta.pon application of either Company or Authority with .five days notice to the other. In the event either Compancs~ or Authority .fails within said t~,aenty days ~to appoint a panel. member, -the member appointed by -the other party s):~a ?..1. proceed as a single member and is;~ue his order, L~T.'i:' =°°:; shall constitute the order of -the panels 1 f3 S~lbd. na ® The r~v~iew by the panel of the Rate Administrators determ.ir~ation shall be de novo and the panel shall consider all evidence material and relevant to the issl?es raised by such appeal. The hearing shall be conducted in the manner prescribed"by-Chapter 15, N~innesota Statutes, for conduct of administrative hearings. The burden o-F_ proof shall be upon the appellant. Only those. Parties and Persons who appeared before the Rate Administrator may appear before the panel. Subd. 5. The panel shall determine the Allowable Return on Common Equity by written order served on Company and -the Authority, which arder sh.a11 set forth its findings and conclusions, including the bases therefor, upon all material issues relative to such determination. ~1'he determination of the panel shall be made within 6Q days after the third panel member is selected. zf no appeal is taken from the panel°s order of determination the order is f final . Subd. 6. Any Party aggrieved by a final order of the hearing panel is entitled to judicial _r_eview thereof in the T~istrict Court of Hennepin County if proper application is made therefor within thirty days after the hearing panel has served. its order. The review shall be conducted by -the Court without a jury and shall be confined to the record, e~:cept that in ~-~ses o:E alleged irregularity in procedure before the hearing panel no-t shown on the z:ecord, tes~ti~`t~-;:..Y;r thereon may be to}cen by the Court. Except as otherwise 7~ providedy all proceedings shall k?e roxaducted accc,rding t o the prov:~sions of Minnesota Statutes Sections 15~ Q~2f~ •- 1504?_6. 5ubd o 7 . `the Court xnay affirm i:he det;i s ian of the hearing panel or remand the cane fc~r :curtYier proceedings; or i-t may reverse or modify the deciNion .if the sL:~bstantial rights of the .appellant have been prejudiced because the. hearing panel p s findings or co~lclt~sions are: (a) In violation of constitutional prova_sions; o:c (b) Tn excess o:~ the authority conferred upon said hearing panel by this ordinance; or (c) Made upon unlawful. procedures; or (d) ~.ffected by other error of law; or (e) iJnsL7pported by substantial evidence in v?_ew of the entire record as submitted; or (f) Arbitrary or capricious, ;' ~' .r ao~r~.io-n 13 . S'I'A;~IDARDS Li'OR DETERNII [~IiiTG ALLOW.~BLE RETURt~f O~1 COiN.~"~IC7N EQU3TY a The Allowable Return on Common Equity is de-termir_ed by and must satisfy the following standards: (a) '.I'he Allowable Return on Common Equity shall permit Company to earn a re'~urn on its equity investment in property which it employs for the convenience of the public equal to that generally being made at the same t~..rne and in the same general part of th:~ c:ountry on s:~;~-c:~_:~_<- investments in other busines~~ undertaki nG. 2U wh::~ch ax•e atterzded by correspor7ding ~e•:isks and L1nCerta:LTlt1.eS . (b) The Allowable Return on Common Equity shall be reasonably sufficient to assure confidence in the financial soundness~of Company. (c) ~i''Ize Allowable Return an Common Equity shall be adequate under efficient and economical management to maintain and support Company's credit and enable it to raise the money necessary far the proper discharge of its public duties. ' See~t-i•~ 14 . ACTUAL NET EAR~~72NGS . Subdivision 1. In the computation of Actual Net Earnings, appropriate items may be amortized or accrued according to generally accepted accounting principles and, except as otherwise provided in this ordinance for specific items, the amounts and rates of amortization or accrual shall be based upon the actual experience of Company where such experience exists. Subd. 2. tin allocation shall be made by Company of operating expenses and utility plant within and outside the Metro Area on a basis that reasonably reflects the occurrence of such expenses and plant for rendering service w?.thin and outside the Metro Area. Sec=-~i~ 15. STABILIZATION RESERVE ACCOUNT. Subdivision 1. Actual Net Earnings greater or less than. the Allowable Annual Return in any calendar year 21 shall be credited or debated to an account des:tgna-ter~ -the "Stabilizatioh Reserve Account'", Subd, 2, Any credit balance 7_n said acco~znt shall be credited monthly ~,trith interest computed at -the current prime interest rate. Subd 3. All or part of a,ny debit or credit balance in said account may be a.rnortized over not more than cwo years -to balance earnings and to minimize fluctuations and stabilize rates in 'che Metro Area, By agreement of the Executive Committee and Company all or part of any debit or credit balance in said account may be amortized over mare than two years to balance earnings and to minimize fluctuations arzd stabilize rates in the Metro Area, Subd, a, Any credit balance in the Stabilization Reserve Account shall not be used to benefit customers located in Municipalities where rates lower than the Metro Area Rates were charged in the period during which such credit accrued, Subd, 5~ Any balance in said account at termination or the rate-making process in the Metro Area provided for in this franchise shall be promptly refunded or otherwise reeognize~ for customers' benefit. ., ~:~ _ _ _._ Sec°~~ 16 , ~2:ES:ERJE ~'CR DE~'REC~LATION AND AP~~ORTIZAT~C©N QF UTII,IT~' PTu'~NT, Subdivision :L v The Company ° :, 22 books of account shall contain an accotant des:igna~ted as "Reserve :Eor L-)eprt-~ciai~i on and Iarnorti°zat~_on of Utility Plant", or similar caption, which shall show accu~rula-tecl charges to operating expenses on account of dep:Cecia-tion adjusted for salvage .rid retirements in accordance c~~ith Subd, 2 of this sectian. The annual charges to operating expenses for depreciation of depreciable property used and useful in rende:t~ing electric service in the T~etro Area shall be an amount designed to recover ratably the original cost of such depreciable property over the estimated average service life of each group of property. Annual depreciation rates sha11 be revised periodically so as to reflect all factors bearing on the recovery of the original cost of such depreciable property over its estimated average serv:i_ce life, At least once every five _years the Company shall prepare a depreciation study a-rxalyzing retirement experience and other factors relevant to the establishment of depreciation rates. Such study shall be used as a guide in determining 'the depreciation rates to be used to recover -the original cost of depreciable property. Subd. 2. The actual original cost of property abandoned, otherc,~ise retired f:tom service or not used and useful in the public service for any cause, shalt be credited to the appropriate plant account. Stich original 23 cost plus the casts a.nci dental to sa.a_d abandonament or ret:%rernent sha_I.1 be de'oi.tcd to the Reserve fo:r :~epreciati o.ri and Axnor-tiza~tion of Utility Plant, subject, I-zocareve_r_, to the provisions of Subd. :3 of this sectior~n ~~he sa:Lvage value received and any ~athe.r amounts recovered r_-rom said property shall be credited to said Reserve. Subd. 3. 6vhen a substantial segrrierlt ai Company's utility plant is s~bandoned orretired from service because of unusual obsolescence or property damage and such property is not fully covered by the Reserve far Depreciation and .A~~nortization of_ Utility Plant, other reserves or by insuranceY the unrecovered balance of ::,uch property after cons:ideratian of -tax effects shall be credited to said Reserve or other appropriate reserve and be debited. to a deferred account designated as "Extraordinar_y Property Losses", or simi?ar caption. Debits to said deferred account shall be amortized by charges to operating expenses ry . i ._~ as provided for in ~~~.-i`~:~~- 14, and th.e L~narnflrtized balance shall be included in -the allowable Rate Base, Subd. ~~. 7f the actual original cost is not show:r~ by the books and records of Company ar _L-ts pre- decessors, such amount shall be estimated and a record be made by Company siia~,eing -th.e facts upon which said estir~late was based, the mannei. irr c~~hich it c>>as deter_mined:. axad ~:he person by whom it was made. ,~ .> .: -- Se:~n 17 o ACCOUi~TTS A.S~1D RECOTi_DS . Subdi visi~~f ?. r} 1. All eXpense items, ~.rhetller charged directly G.~zd entirely in a calendar year or amortized. or accrued over a longer period, all revenue items and all balance sheet items srzall be recorded in substantial accordance with the applicable prov.zsions of the LTr?.iform~ -System of Accounts, as amended from time to time, by the Federal Power Commission. T~7hen optional ,accounting is permitted under -the Federal Power Commissions Unifor~t System of Accounts, Executive Committee and Company shall agree on the option to be followed for book and rate making purposes. Subd. 2. Company shall file with 'the Authority (a) schedules showing all of it s, rates and charges, (b) forms of service contracts or agreements, and (c) any rules and regulations relating -to rates, charges or service by Company to its customers i.n the Metro Area, all of G,rhich shall be open for public inspection. SL~ch schedules, forms anc~ rules and regulations shall also be kept by Company, and shall be available at a7.1 reasonable times for public inspection. Subd. 3, Company shall keep, maintain and preserve proper and accurate engineering, accounting, financial and statistical records relating to the con- struction, cost, maintenance and operation of its utility plant which show all financial transactions, ixicluding receipts and disbursements and the particulars thereof. Subd. ~. The Authority steall have access a-t a~_~_ ?, 5 reasonable tunes i.o inspect, examine o:r a~?c~it ~-~1. ~, cf ?.he aCC01;!nt;, bOOJi`a`, records, reptJr't:7, COTd'~ra :'tS, di?C.t~ments and papers of Company relat_i.ng -to i ~.s electric operat~i.ons . Subd. 5. Procedures end Accounti3~.g ~:~.anual. As soon as practicable after the effective' da-t:.e o:~ +`hi. Qrd.in.~nce, Company and the I-t.ate Administrator shall c.o:~npi~_e a manual of procedures and accounting mei:hods to i_3i3plement this ord r~ance :in accordance with -!she standards- set forth herein. The terms of said manual sha11 apply to all rats filings and determinations until changed., modified or amenc?.ed by mutual agreement of_ the Company and the date Administrator. Subd. 6. Co~«pany shall. prepare axad File with the Kate Administraror statements zo:c its electric, ut:-i.i.ity operations as provided in the Procedures and Ilccounting .Ma31Uc31 . SQ~i~~~-ten 1S a I:NDE~~INLFICATION. Company shall indemniry, .keep, and hold Municipal~i_ty, a.ts officers, employees and agents free and harmless from ariy and all lia.'oili-ty on account of a_njury to persons or damage to property occasio:~ed by the construction, maintex3ar3ce, repair, remova7_ or operation of Company~s property located in, on, over, under, or across the streets, alleys, public ~zays and public g_r_ounds of ~~.unicipality, unless si;~ch injury ox• damage i:; th.e resi.3lt of the 3iegligence o% Mun i cipalityF its employees, o.f:,`'i.cers or agera-ts, or rer~u=~.L.s f.rom the pe_rfo_~rnance i3x a proper manner o:i ac:ts reasonably deter3.~~._r: Y_ -to be hazardous by Company, hu-t such perFor~nance is ?_, nevertheless o:rdered or directed by I~Tunicipality after . notice o:E such determination by Company® Tn the event that suit sha11 be brought against Municipality under circumstances where the above agreement 'to indemnify applies, Company, at its sole cpst`and expense, shall. defend Municipality in such suit if written notice of the suit is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not seasonably given as hereinbefore provided, Company shall have r..o duty to indemnify nor defend, If Company is required to indemnify and defend, it will thereafter have complete control. of such litigation, but Company may not settle such litigation without the consent of the Municipality unless Municipality unreasonably withholds such consents zx ~' ; Seo.~:~n 19 o RELOCATIONS a Subdivision .l. Whenever Municipality shall grade, regrade or change the line of any street or public place or other~cvise improve any street or public place or construct or reconstruct any sewer or water system therein and shall, with due regard to seasonal working conditions, reasonably order Company to relocate permanently its electrical facilities located in said street or public place, Company shall relocate its facilities at its o~,an expense. Mun~_cipality shall give Company reasonable notice of plans requiring such relocation. Nothing iri this ordinance contained shall 27 . deprive Company of i.~ s r•s_c~hts u:~~de:r Minna sofa Statez-t.es Section 161 v ~ 6, as az~nended., Subd. 2. ti+rhere the Tit~nicipali-ty orders ~':ompany to relocate any of its facilities, Company shall proceed wi-tl~ such relocation, If .suc;h rel~c~~t on is done without arl agreement. first being made as 'to ;rTho shall pay for the relocation cost, such relocation. of the ::ac°ilities by Company shall not ~e construed as a waiver of i-ts -right to be reimbursed for the relocation cast. Tf Company claims that it should be reimbursed for such relocation costs, it shall notify the Municipality within ten (u) days after race:i.pt of such order. Subd® 3. Except where required primarily for a municipal uprovemen•t project, the vacation of arty street, alley, public way or pub:Lic ground, after the installation of electrical facilities, shall not operate to deprive Campany of the right to operate and rlaintain such electrical facilities, until the reasonable casts of relocating the same and, the loss and e:~pense resulting from such relocation are f:ir 3t paid to Campany. ;, :> s .> j Se~-..a.on 2~. TREE TR11`~:i~IlNG, Company shall have the permission and authority to trim all trees and shrubs in -the streets, alleys, public: ways and public grounds of rfiunicipality, interfering wi_=ch the proper construction, operation, repair, and rnaintenar~ce cif any poles, pole li?~.:~s,, conduii~s, future: or appurtenances, :i.nsa_alled in puxsu~~~:~:. 2~ os` -the authority hereby granted, prov_idecl that Cozzlpany sha~l,l save Municipality harmless froze ar~y l:ia:~ility in the premises, .::, -- Se~:t-it~n 21. F~'~.ANCHISE TERi~ITN~.'~"T01~f., =ff Comparl~r shalt be in default in the performance of any of -trze material terms ar,d conditions of f:his ordii~.ance and sha~Ll continue in default for more than n:iz"ze-ty (90) days of ter receiving notice from the IYiunicipality c>f such de_f.autt, the Municipal Council may® by ordinance duly passed and adapted, terminate all rights granted under this ordinance to Company, The notice of de:Eault shad be in writing and shall specify the provisions oaf this ordinance in the performance of which it is claizzicd that Comp4~ny is in defaultp The validity and reasonableness oz any ordinance so passed declaring a forfeiture of 'the rights and privi~_eges granted by th~.s franchise ordinance shall be subject to review by a court o:C rompe-tent jurisdiction. S~eti:crrz ?2. CN~.NGE IN FORM OF GOVERNI~~NT. Any change of the form of government of -t.'r?e municipality as authorized by the State o:~: N~innesota shall not ~~.ffect the validity of this franchise. Any municipal corporation succeeding the Municipality shall, without the consent of Companys succeed to all the rights and obligations of the Municipality procrided in this franchise. ~, _, _; ;~ , .. S.ec-~.:ic>ra 23. COSTS OF ADMINISTP..<~TION. The Company agrees to pay to the Au-thority® an initial sum 29 cif ~.1_~~; ~s~Ci r:'~.hin :~ ~ ,. .~;c ~:~ '~r~:~~.ri ~i~ jpe,:.znv~. o~ t1Zi~ :~ranehiae b;,r C~~Tip<~ny, and not less 'i~l~an S:l.~t~,[1C1~ ?ae.~ ~~~~.~:: pa~ra~l~~ iii ~~~~.a~'tesl.y ~_rl~atallizi~~i'~:~ ccazni~ienoing on p:3'an~ary ~.Cl, :~.~7~, ~co he al:~.or~e~i as ~xn ope~~~~;; rg expense -~o ~~ he ~oisipa:~iy grid *~rhi ch .>h;~~.lr~e used to seo~iNc~ eo~npl~ ~.noe ~i-~.h t's~iis o~ctinanoe, a~zd :~o.N suoh ~3t~'iL.'!C' ~`~~:ti~9a~a ~~.~ ~3'%ing to '~~'3e CC7T6i~daYly $ ~ CCSR~t~ C~:~ ~~~..;C~7~ ~ as the s~ix~~iao.~ity shall de~=~m n~;e;essarz,, 'the ainoiant of suoh manual pay~ient sha~.1 he si~bjeot to xe~rie~r sand r4wision by the .~U.thca?^i'~y and Company at the end o~ 1`75 and the:~eagtex 1 1 as ~aaat3.~ally agNeed to® ' ~:r~ ~~ ® AS~1Gi~i~S~I~7~', Ce~:~npany upon not?_ee to fYi:~ rnuniGipality : hal,~. ha'vz dull xight arzd a~xtho~.~ty tee ~~~~? gn all N~.ghts con~e:~~ed upon ~,-~ by this oNdins,i~ce to r;~.~ay pc ~.".zoz1, pe~'~on~, :~i~`s~- o~' oorpo:~ation® ~'he assign: e o:~ uch Nights, by acoepting tiuoh assignment, shall ~ecos~e sub~ec-~ to the te?~i~s anr3 pNOVis~.ons o:~ -i:hi.s t~~'di*aanoe ~! - ~% ? ._ a.~a~"~2~'.°r--J~',.:~ ~~ e Y`J ~..d.*.~~5•L :5 ~ X3CC~' ~r~d'Si'J ~3r_'. a Co.~~4~L'~y cra.~~1~ , if ~.-~ ~zooepts '~h~.s nrdinanoe and thQ ~: gh~s ~aeNehy g~'anted, ~~.le a ~~Nitten aoceptance o~ the eights hex°e~ay gNanted ~~~.tlz the ~unioipal Clex~l~ ~~ith~.n 30 days a~teN 'clae e~~ecti~rn elate o~ the agNc~eraen-t e~ts.~lishi~ig the ~t~tht3.i ity~ .~~. ~e~t~:~rn 2~n ~EVCCAT~Oi~1o :~~` thi~~ ~ini~c~NZn icNanoh~s-~~,~~ o~'clinance is xiot ~~~op~:ecl key ~~zly 31, ].~~73, ?~y T~I~an:~~.~.pa3,~.aa~_:-s:~. 3~ i 1_:1 `:~?i!:~.Ci? ~L c of C:OI.~l'~~a'1y' ~ 7 E21cC,r1C: C,ils L.OI^erS 1.I1 "i.''1E, '~`'.~~_."^ !,.reel ~d°:~ lOCaGed an Jar?LTa?'V 1, 19 )3 , "the 1_un1C1_pa1 Caunc ~ ~_ Ii a~' r_ e'~%al<_e the same, rIO~J^-Ter', t17 LS riC7h t of rE'VOC:a~.i a~I sha?_l terrlinate when the ?a.uthority is established. Fcr i=i11_S putpaSe ea_Ch CLt:Ito'_~:~'r•'.=~::::OLIi'1`ii'•a1 C;C1'iia~cln~~ c,'.'1c;._~_1 l~° deE'~n°d U CU~~t".Omer. CO'.i~.p<-?nV st?a.~. ~ TlOt1:~:~? "the ;~iLln i Ci r~~l Clerk ~.~.n ,,,~ri ~in.g ~~Thether the above conc'sition hats been r1eL. If revolved, t~.e prov:isions of this ordinance shall be ~•rithout prejudice in any sLtbsequent proceedins. 8.33 - 27. E1~'FECT OAT EXISTING FRi~~Ci~ISL. It is i the intention of the Council that -phis franchise ordinance is effective upon compliance ~~1ith~ 8.33 - 25 and that i s s~iall thereafter govern the rights-and duties or Company and Municipality until i-ts termination. It is further the in~.ent.~_an of -the Council that the ems ring franchise grante to Cam.pany (Ordinance No. ~. Q2 of the City of Ricn.field, no~.~ codified as Section 8.31 of -the Ordinance Code o:F the City of P,i c_x field} is not repealed bLlt is superseded by the terms of this ordinance and that upon termination of -this ordinance the e<zissing franchise will continue to govern the rights and duties of Company and Municipality until. the termi.natian thereof, 8.33 - 28. PU13i,IC~.TIO~I- EXPEL~tSE_ the e~>pense of '~ publication" of this :Era.nchi e ordinance shall be pai_ci :c•:T Company . 8.33 - ?_9. I~TC?~L1SI0`7 Ii~~T COD<<. ~1;'hi s o.rd:i.nance s'~a1.1 be included in the city case as Section 3.33. 31 1 1 i APPENDIX A _ /' ~ J AA 1 1 ~lu'SIOEx~VT:IAZ S~RV:~CE Avail.a,bi_lity Available to any .residential c~a.stomer for domestic pl~rposes only, ~in a single private residence, .Rate First 60 kilowatt-hours per month @ 5.10 per. kwh :Atext l~-0 „ „ „ @ 2.7'5 „ „ Next 300 " „ „ " @ 2.28 • " „ Next 300 „ " „ " @ 2.00 " Excess " ` @ 1.65 " Fuel Clause Bills subject -to the adjustment provided for in ~`uel C1a,use Rider No. 1. NTonthl; f NLi.nimum Charms 2.00 Under~rour~d Residential Distribution F'or service from an Underground Residential Uistribu~tio:n system in which all underground facilities are instaLLed, owned a.nd maintained by Company, a charge of 2.00 will be added to the monthly bill ` computed above for a period of not to exceed 30 years from date of :installation. In lieu of the monthly charge, a nor~refundable contribution o_f X220 rray be made at any time. Such contribution for ary residence served hereunder shall apply to that residence only and shall relieve the contributor and any successor cus- turner at that residence of any obligation to pay a rnonthly charge thereax""ter. Such monthly charge or contribution shall be in addition to any payments zahich may be required under Section ~+ of Company's Rules for Application of Residential; Service Rates. Other Provisions This schedule is also subject to provisions contained under Rules for Application of Residential Service Rates:" ~~ l~,.p~ 2 RUI~:S FOR A'~'RL:~CATI0~1 CE RESIDE~V'flAl. S~sRVTCE MATES 1. The Residential Service domestic purposes only, for service i.n a single private 2. a. Ali. normally sized and power used strictly one meter. rate is available to any residential ctrstome'L" for lighting, heating, cooking, and domestic power residence, except ,as hereinafter provided. ~quiprnent for domestic illuminatiizg, heating, coolz.:Lng, for household purposes, may be supplied through b. Motors and other equipment which interfere with service to neighboring customers, all motors larger than 5 horsepower, and snow melting installa- tions or other temporary or seasonal loads totaling more than 25 kilowatts will not be permitted on the Residential Service rate. 3. Only single phase service, rendered through one meter, is available under the Residential Service rate. 4. An Underground Residential Distribution system i.s defined to be a system serving an area of single private residences or duplexes (single buildings consisting of two apartments or dwelling units) on contiguous lots in which underground electric facilities iai11 be the only electric facilities used to serve customers in the area. ~7here an Underground Residential Distribution system will serve an area consisting of less than 8 lots or an area where the average lot frontage exceeds 130 feet or where unusual construction conditions wi11 be encountered or w'nere a service connection in such Underground Distri- bution system will exceed 100 feet, a payment to Company will be required in advance of construction. 5. Three phase service, service to motors larger than 5 horsepower, and service to snow melting installations totaling more than 25 kilowatts may be had under such rates as are available to commercial customers for the respective classes of service. 6. A customer occupying a building or apartment for residential and commercial purposes jointly may combine his residential and commercial use on such rates as are available to commercial customers for the respective classes of service. 7. Each apartment or dwelling unit shall be considered as a single private residence but service for a duplex (a single building consisting of two apartments or dwelling units) may be taken through one meter under a single billing provided -that the billing shall be computed as though each apartment or dwelling unit used an equal portion of the total service metered and were independently billed, except that the minimum charge shall be the minimum charge for a single apartment or dwelling unit. An apartment is defined to be a room or suite of rooms used for the general functions of a household and permanently equipped with a sink and cooking faci.liti.es, occupying space specifically designed for them, such as a kitchen, kitchenette or pullman kitchen. ~u~ 3 AZL ~;IaECTRIC RESIDEi~lTIAL S~~RVICE Availability Available to any residential customer in a single private residence for domest~.c purposes only where 1.20 240 volt single phase electric service is used through one meter and customer has in regular use either an Approved Water Heatii~.g Installation or an Approved -Space Heating Insta.lla.tion or both. Rate First 50 kilowatt-hours per month C 5.1~ pex• k,Vh Next 50 „ rr ,r rr ~ 2.8 r, „ Nei t 200 " @ 2.1 „ Next 700 @ 1.65 rr T~rex-t 1000 '~ ~ 1.45 " E?=CeSS ~ ~t rr r, rr @ 1 35 rr ,r Fuel Clause }3i11s subject to the adjustment provided for in Fuel Clause Rider T~io . 1. Monthly Minimum Ckaarge 2.00 Underground Residential Distribution For service from an Underground. Residential Distribution system in which all underground facilities are a_nstalled, owned and mairrtained.by Company, a. charge of 2.00 will be added to the monthly bill computed above for a period of not to exceed 30 years from date of installation. In lieu of the monthly charge, a nonrefundable contribution of 2.20 may be made at any time. Such contribution for any residence served hereunder shall apply to that resid.enee only and shall relieve the contributor and any successor cus- tomer at that residence of any obligation to pay a monthly charge thereafter. Such monthly charge or. contribution shall be in addition -to any payments which may be required under Section 4 of Company's Rules for Application of Residen- tial Service Rates. Rules for Application of All Electric Residential Service Rate 1. The specifications for an Approved Water Heating Installation under this rate are as follows: a. The water heater shall be equipped Frith no more than two heating elements, Each heating element shall be noninductive, thermostatically operated and designed for 240 volts. b. For a water heater equipped with two heating elements: The tank size shall be not less than 40 gallons, the rating o:E' either heating'elem~nt shall not exceed 5500 watts9 and, `Lf the total of the ratings of the 't~ao elements exceeds 5500 Y~ratts, the elements shall be so interlocked that they cannot operate simu_L'taneously. (C,ont:inued on follo~aring sheet t~ L~ • Ai,L E:L~.SC'I'RIC i'~SIDEPtTIAS, SER~IICE (Contd) c, For acrater heater equipped with ore heating element; The. tank size and the rating of the heating element for each tank size shall be as follows: Tank Size Heating Element in Gallons ~ Rating i n Y,datt s 30 3 500 50 5 500 80 5 500 d. Electric water heating service will be supplied only under a single applicable rate schedule. e. The installation shall not be used 'to supplement any other system of providing hot water service. f. Company reserves the right to control service to the water heating load. 2. The specifications for an Approved Space cleating Installation under this rate are as follows: a. Electric space heating equipment (except 120 volt units individually rated at 15 amperes or less sha11 be designed to operate at 2Zc0 volts, shall be permanently installed. and. shall be the sole source of space heating except that provided by fireplaces. b. Not more than 10 kilowatts sha11 be switched at one time by the heating system controls. c. Company reserves the right to control service to the space heating load. 3. Service may be taken under this schedule through one meter f'or a duplex (a single building consisting of two apartments or dwelling unit s meeting the above specifications provided that the billing sha1.1 be computed. as though each apartment or dwelling unit used. an equal portion of the total service metered and. were independently billed, except that the minimum charge shall be the minimum charge for a single apartment or dwelling unit. I+. Snow melting installations or other infrequently used loads totaling more than 25 kilowatts will not be permitted on this .rate except where customer has an Approved Space Heating Installation in which case 25 Ictiv or 50;!, of the space heating load., ~rhichever is greater, will be allowed. In all other cases the General Service rate or other rates are available for such loads. 5. A customer occupying a building or apartment for residential and conli~nercial purposes jointly may combine his residential and commercial use on such rates as are available to commercial customers for the respective classes of service but riot under this rate. A~ 5 N~C~IaT1PZ,E 1~ti~E.LLI~7G SERV:CCL Av~~ilab:i.lity Available -to any customer using single phase electric service for a mu:L-t:iple dT~relling. ' . Rate Single Apartment First 50 kilowatt-hours per month @ 5.5¢ per kwh Next 1.50 tt rr .r tt ~ 2,95 ,r rr ~e~Yt 500 t' it tr rr (~ 2 `~ tr rt Puccess t' 't 'r @ 1. b5 rr 't Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly Minimum Charge 2_.00 Rules for Application of Multiple 1?trelling Service Rate 1. Service f'or two or more apartments may be taken through one meter under a single bil"ling provided ~that~ the billing sha11 be computed as -though. e~a,ch apart- ment or. dwelling unit used an equal portion of the total service metered and were independently billed, except that the minimum charge shall be the minimum charge for a single apartment or. dwelling unit. An apartment is defined ~to be a room or suite of rooms used for the general functions of a household and permanently equipped ~,rith a sink and cooking facilities, occupying space specifically designed for them, such as a kitchen, kitchenette or pu1_lman kitchen. ?_. The general service required by the apartment building, such as serv7.ce for hall lighting, garages for private use, laundry rooms, drying rooms, boiler rooms, janitor's supp"ly rooms, refrigeration equipment, oil burners, furnace stokers, and air conditioning equipment, may be -taken on the multiple dwelling schedule provided the kilowatt-hours in the second and third blocks of 'the rate schedule be increased by 150 and 500 kilowatt--hours, respectively, .for each apartment not served on this same meter. 3. T'nree phase service, service to motors larger than 5 horsepower, and service to snow melting installations totaling more than 25 kilo?ratts may be had under such rates as are available to commercial customers .for the respective classes of service. LF. A customer occupying a building o.r apartment for residential and cOrrrmerci.s,l purpo;;es jointly may combine his residential and commercial use on such rates as a.re available to com~rerci.al customers for the respective classes of sE~rvice. Aar b ~~ A~,7T~J1~~`i':tC p.ZOTs~CTI`VE bICPjT1~1G S~:R~IIC Availability Availab"le to any customer for illumination of areas of private property, - , Rat e ~Desi~~nation of :L,a.. mps .- 2~onthly Rate par Unit F48 T10/CW .~''11301:P_scent 1'75 Watt ~iercury~ 400 Watt Plercury $3.75(1) 3.75 5.50 (1} Available to existing installations only. 1 I~ Service Included in Rate Company shall own, operate and maintain the lighting unit including the fixture, lamp, ballast, photo-electric control, mounting brackets and all necessary wiring. Company sha]_1 furnish all electric energy required for operation of the unit. , Special Terms and Conditians• 1. Above rate contemplates installation of -the lighting unit on an existing utility owned wood pole upon which Company`s 120 or 240 volt lines are attached. If necessary, Company will extend its '120 or 240 volt lines on existing Company poles for not to zxceed two spans provided customer pays the entire cost thereof. rIo additional transformer capacity will be provided hereunder. 2. 'Lhe lamp shall be lighted and extinguished by a photo-electric control furnished by the Company. The hours of burning shall be from approximately one-half hour after sunset until one-half hour before sunrise, every night. 3. If illumination of a lamp is interrupted and said illumination is not resumed within seventy-two hours from the time Company receives notice thereaf from customer, 1/30t'n of the monthly compensation for such unit shall be deducted for each night of nonillumination after such notice is received. 4. Company reserves the right to discontinue service if equipment is abused. Term of A~re2ment Agreement shall be for a term of three years, and, if not then w terminated by at least 30 days' prior written notice by either party, shall continue until so terminated. AA i 0 GElVx RAL SERV:CCE Availability Available to any customer ~'or s.i.ng:J_e or three ;phase electric service supplied through one meter, Rate First 200 kilowatt-hours per month @ 502 per kwh ~_._.~ r~e~-~ 300 ,~ ,~ @ ~E. ~ ~t << Ne~~t 500 ~< <~ ~~ ~~ @ 3 3 ~~ ~t Excess " " " @ 2.7 " A11 ener~r in excess of 200 kilowatt- hours per month per kilowatt of demand @ 1.7¢ " " Primary Distribution Voltage Discount A discount of 5~~o will be allowed where customer takes service a~t available primary voltage. Fuel C1_ause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Monthly I~~inimum Charge 2.00 Determination of Demand The demand. in kilowatts for billing purposes sha11 be the greatest _15--minute load during the month for which bill is .rendered., but in no event shall it be considered less than. 5 kw. For bi~_ling purposes, a .fraction of a kw if less than one-halF will be dropped., if one-half or more will be bi7.led as one-half. 1 :1~~ Ei ALL E.T.,ECTRIC GE.i~TERAS: SERVSCE Availability Available to any customer ~-rho has in regular use an Approved Space Heating Installation. Rate First x+00 kilowatt-hours per month @ 3.1¢ per kwh Next 600 'r " ,r „ @ 2 ~ 6 rr rr Next 1 000 " „ „ rr @ 2.2 n n Excess " „ " „ @ l.9 „ „ A11 energy in excess of 200 kilowatt- hours pe.r month per kilowatt of demand @ 1.7¢ " " Primary Distribution Voltage Discount A d~iscaunt of 5°~o will be allowed where cus- tomer takes service at available primary voltage. I`uel Clause Bills subject to the adjustment provided for in fuel Clause Rider No. 1. Monthly I~linimum Charge 2.00 Determination of Demand The demand in kilowatts for billing purposes sha11 be the greatest 15-minute load during the month for tiahich bill is rendered, but in no event shall it be considered less than 5 kw. For billing purposes, a fraction of a kw if less than one-half will be dropped, if one-half or. more will be billed as one-half. special Requirements ~] 'I'he specifications for an Approved Space Heating Installation are as follows: 1. Electricity shall be the sole source of space heating in all areas served through the meter. 2. At least 140 of the total connected load must be permanently connected space heating equipment. 3. Company reserves the right to control the space heating load. .~~ 9 ' Gi~l7~,lir~L t7ATER H~?~TTNG SE R~1iCE ~~.v~i1a'oi1~~ f~vazlabla to <:-zny custoTner for sines or three phas~z service ai. 70€3 vo:Lts or h3~gher, ~z~ncontralled as to time ob xx;je, for arz Approved Caate~' Hpatino `install~atian suppl.twd throtziz a s~ps.rti=ate aret.er . Rate ~;x-se~y Ghs.r ~: First 100 kilows.tt~izours per month per kilowatt of demand @ 1.63G per icwh E:XC°s s ~r i~ ~~ ,~ ~~ tt of er @ 1.35 ro ~~ li:e~C.~.,SJ T'l Gitt_?3f~_C173r aP: An additional charge of $1.50 per 1000~~ratts or fraction thereof will be made far connected loads in excss of: ~z. storage tank in>stallation 350 wa%ts per ~;al'lon of tazzk capacity. b. scorr~zzing pool install's.tion 50 wu~tts per square foot of x3ater surface area of swiznrning pools. Fuel Clause Mils subject to the ~.d~ustuzent provided for i~a-z Frxel Clause Rider No. 1. lyfonthl~ M? nimum Charge $2. CO Determination of Demand Tire demand in kilo<r73tts shall be the greatest 15-minute load dur:i.ng the month for which bill is rendered but in no e~Y4nt shall it lae considered less than 20 kiln=~atts. The demand may at Camp~.ny's option ?~+~ determined by periodic test or measurement. Ar9~roved Grater Heatin¢ Inst~.llation The specifications far axx Approved beater Hes.ting Installation under this rate are as follows: 1. The water heater shall be equipped raith thermostatics.lly apers.ted non- inductive heating elements designed to operate at 208 volts or i:igher. 2. The wstex hY~t~er shall lae connected by ~zeans of a tampe3.pxoaf circuit to Co,npany's ra~.ter hosting meter. 3. The stors.ge c ~. mac'; ~-y of the ~~~tter le~ter shall be 40 gal lozas o:~ znorA ~~nd the ca~znected la~.zcl siza.l.1. be 4500 eya~rts or mare, ea~cept th-zt a Y,~~atex iz~atcr hsv~.~ay; a sta~eage c~.pacity o£ 30 ~;~.llons and a single he.~~zting ei.~;ment rrzt;~d. st 3`300 ~•rt~t.t s T~~.II be perzxzittert. (Ccsrzt:tnued on fo:Lla~~ring Sheet) t~7 10 GENERAL ~aATER HEATIPIG SERVICE (Contdj fit. ~~~ater heating service will be supplied only under a single applicable rate s ched:ule . 5. The installation shall not be used to purposes. 6. ~1'he installation shall no± be used to providing hot grater service. 7. Compar_y reserves the right to control 8. The above specifications for an Appro shall apply to heating water for swimming modif_'ica~tions supply hot water for space heating supplement any other system of service to the water heating load. gyred ~^Ia,ter Heating Installation pools subject to the following a. The storage capacity specification of Section 3 sYiall be waived. b. The installation shall not be used to heat water for other purposes. AA 11 I_~AP~GE C:~NERAL SERVICE Ava,i7_abil_i~ Available to any customer for .gene r.~~1 service, . bind of Serv.l.ce Alternating current at the fo11o7aing non,:ina.1 voltagas: (a) Secondary Voltage: single or three phase at 208 volts or higher, (b) Prirna.ry Distribution Voltage: three phase at 2400 volts ar higher, (c) Tr.ansmissian'Lire Voltage: three phase at 34,500 volts or higher., Service voltage available in any given case is dependent upon voltage a.nd capacity of Company lines in vicinity of custorner's premises, Rate Demand Charge for Service a.t Sacondar~r Volta: First 100 kilovolt-ampzres or less of demand - $240.00 per month Next 100 kilovolt-amperes of demand @ $I.70 per kva par month Next 800 " ': " @ 1.55 " " " Next 9 000 „ „ " " @ 1.45 " ,9 „ „ Excess r, „ u „ @ 1.30 n r, „ „ Demand Cha~r~ for Servica.at Primary Distribution Volt: The Demand Charge for Service at Secondary Voltage less $.15 per month per kilovolt-- ampere of demand. Dei~z<~.nd Charms far Service at Transrnission Line Volts.?e: 'Che Demand Charge for Servica at Secondary Voltage less $.25 per month. per kilavo3.t-ampere of demand, Plus an Ener~?v Charge of: First 20 000- kilowatt-hours par month @ 1.65 per I~ah Next 30 000 „ " „ " @ 1.30 " next 50 000 " " " " @ 1.11 Next 400 000 " „ " " @ .97 " " Next 500 000 " " @ .91 " Next 9 000 000 " " @ .76 " E x c e s s ti it 11 iY @ e 7 /1 !i !! Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. Prompt Payment Provision A charge of 5% gill be added to net bi11 rahich charge sha11 COI25titT.ita a discount Pram gross bill far payment within the discount period. (Continued on fo11o*.~irig sheet) A~1 ~. 2 LARCTE GENE"t !~, S~tVICE ( Contd Determination of Demand The demand in kilovolt-amperes f'or billing purposes shall. be d,eter-m:i ned by dividing the ma~;iu7um demand :in ~; lowatts 'oy 'the monthly average power factor and shall be rounded to the nearest whole kva, but .in no month shall the dexriand to be billed be considered as less than 50'~~ of the greatest demand in kva billed during the preceding eleven mouths nor, in any event, less than 100 kva. Maximum Demand The rnaxi7num demand in kilowatts shall be the greatest 15-minute _load during the month for which bill is rendered. Average Power Factor The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. , M?_nimum Demand to be Billed The monthly minimum billing demand shall not be 'less than provided above, whether or not energy is used, Standby and Supplementary Service J Availability Available at 12,x+00 volts or higher -Lo any large commercial or industrial customer who normally supplies part or all of his electric power requirements from another independent source of power for which the Company's serva_ce may be substituted wholly or in part. Customer shall contract for capacity adequate to supply the entire electric requirements for which such service may be used which capacity shall equal or exceed the agreed kva demand for standby to customer's other source of power. Company shall not be obligated to supply capacity in excess of that contracted for. Rate The billing shall be in accordance with Company's Large General Service rate schedule for Service at Primary Distribution Voltage except that the paragraph "Determination of Demand" shall be modified to read as follows: "The demand in kilovolt-amperes for billing purposes shall be determined by dividing the maximum demand in kilowatts by the monthly average power factor, but in no month shall the demand to be billed be considered as less than the agreed standby demand plus 5C?'~o o_f the greatest excess demand in kva over such standby demand billed during the preceding eleven months nor in any event less than 2500 kva." (Continued on following shee t ~~A ~i rl~i~CrE GE~~AL S~Z V.LCE { Ccntd ) Parallel Operation Interconnection .and parallel operat~.on o_E' Customer's inde- pendent source of~po:aer (Customer's system) and Company's service (Company's system) will be permitted by Company under the following conditions: 1. The in~tercorlinection between t:~e systems r~~ust be at 12, 400 volts ar higher at a, point on Company's system where Customer's operations will not interfere with tl~e quality of Company's service to arty of. its other cn.~s tome:cs . 2. Customer agrees to provide the necessary equipment as approved by Company to enable Customer to operate its generating equipment in parallel with Company's system. Since the power factor and the voltage at which Company's system and Customer's system ,a,re operated wi11 vary, each party agrees to operate its system at such power factor and voltage as is condu- cive to best operating standards and ~n such manner as to absorb its share of the reactive power. 3. Company reserves the right to disconnect service in the event service to Customer results in trouble on Company's syste?rm such as interruptions, grounds, radio or telephone interference, surges or objectionable voltage fluctuations, where such trouble is caused by negligence of Customer if, after giving notice in writing to Customer of such trouble, Customer .fa.ils to remedy the causes thereof within a reasonable time. 4. Company's meters will be ratcheted to measure the flow of power and energy from Company to Customer only. Reverse flow if any will be ignored unless the amount is substantial in which event i~t Taill be a matter foY~ negotiation and further agreement between the parties. J 13 ~:~ 14 1,Ai3G~: A"Lf., ELECTRIC GEi`fE~~:L :i;?kVIGF, Av~~ilabil ity Available to any c~astoaier who has t.n regul~.r use an Approved Space heating Installation. KP_nd of Service Alternating current at the following nominal voltages: (~~) Serv- __i~e :~t Secondary Distribution Voltage: three wire single phase and three or four wire three phase izt ZO$ volts or higher, (b) Service at PriA~ry Distrib- ution Voltage: .three phase at 2400 volts or higher. Service voltage av~~ilable in any given case is dependent upon volts.ge and capacity o£ existing Company lines in vicinity of customer's premises. Rate First 10 000 kilowatt-hours or less - $2$0.00 per month t7ext 10 000 kilowatt-haute per month @ 1.70 per kcrh Next $0 000 " " " ~ " @ 1,50 Ex::ess " " " " @ 1.40 " '° A11 ener,y in excess o£ Z00 kilowatt-hours per month per kilawatt of demand: First 600 000 kilowatt-hours @ 1.15 per kwh Excess " " @ .75 „ „ Primary Distribution Voltagze Discount A discount o£ $.10 per month per kilowatt o£ demand will be allowed where customer takes service at available primary voltage . Fuel Cls.use Bills subject to the adjustment provided for in Fuel Clause Rider No. 1. prompt Payment Provision A charge of 5% will be added to net bill which charge shall constitute a discount from gross bill .f_or payment within the discount period. Determins.tion of Demand The dems.nd in kilowatts for billing purposes shall be the greatest 15~-minute load (subject to Power Factor Adjust:xaent) during the month for which bill is rendered, but in no event shall the demand far billing purposes be considered ~~s less than 50% of the gr°atest demand used for billing purposes during tine preceding eleven months, nor less t'nan 100 kw. (Continued on following sheet) l5 ~l ~' ~G~: AI.~L ~:L;~.GTi~IC GE~E:tt~~I, S~:RVICE (Contd) I'o~~ex Factor Adjustment The customer s'nall at ~.~ll tames take a.nd use por~er in such r~~tax?ner that the average power factor shall ue as ne~ix 10(l°l~ as possible, btzt Garen the average ~owex factor is less tha.a cjG~%, t'nen the c neatest 1J-minute load shall be ad jtcsted bar rmzltiplying it 1~y i0% and div.ding ~ the product thus obtain' d by the ~~v,erae power f~.ctor e~pre ssed in percent> The tzverage power factor is defined to be ti'1e quot_i_ent oi>tained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt--hours used and the lagging reactive kilovolt-ampere- hours srzpplied during the carne period. Any leading kilovolt-s.moere-hours sup- plied during the period c~!il1 not be considered in determining the average power factor. Special Requirements Tlae specifications fox an Approved Space Heating :Cnstallation a.re as follows: 1. ~lec.txicity shah be the sole source of space h~~ratin :t.~. a.ll area43 served through the n~etex. 20 At lest 40% of the total connected load t~ausc be pexznanently connected space heating equipmentb 3. Co?rapany rese~res the ri{ ht to con:xol the spice heating l.aad. 1 AA 16 I,AxGE cO~GZA~ sE~~rzcE Av~~ilxbili~ Available to any coTranercial or industrial customer for combined ..~~lie'nting and power purpose.s> Kind of Service 1,Alternating current at the following nominal voltages: (~:.) Secondary Voltage: single phase or three phase at 208 volts or higher, (b) Pr.iz~ary Distributic~aa Voltage: three phs.se at 2400 volts or higher. Service voltage auailable in any given case is dependent upon voltage. and capacity of Company lines in vicinity of c:ustoxrer4s premises, 2. Direct current, only where and to the eXtent now used, at a nominal voltage of 120/240 alone or in combination with secondary voltage alternating current, Rate Demand Charge for Service at Secondar~~ Voltage: First 10 kilowatts of demand @ .$3.95 per ~rc~ per. month Next 4 0 IP rr It ~d 3.0 0 tt IP PP I1 Next 50 rr Ir I1 @ 2.70 I1 Ir PI tt Next 100 Ii I1 it (,1 2`2, 11 /P 19 iP EXCe:i^a ti il, it l@ ~1.!!Q 14 II ti f9 Demand Charge fc~r Service at P.ri_ma.r~Distribution Volta e: The Dam~nd Charge far Service at Secondary Voltage less $.15 per month per kilowatt of demand. Plus an F~ner~v Ghar~e of: First 2 OOU kilowatt-hours per month @ 3.60 per kwh Next 3 000 " " " I' @ 2.60 14 " Next 15 000 Ir n Ir rt @ 1.65 °' t1 Next 30 000 Ir tt 11 rr (d 1.40 1t Next 50 000 Ir rr Ir II @ 1.2.0 II Pr Excess Ir -r It IP Cd 1.10 11 II Plus a Direct Current Additional Gharge of: 0.60 per kilowatt-hour for all direct current kilowatt-hours, Fuel Clause Bills subject to the adjustrcent provided for in Fuel Clause Rider No. 1. Prompt Payment Provision A charge of 5% will be added to net bill which charge shall. constitute a discount from gross bill for payment t>>ithin the discount period. [1 (Continued v~n icllowing sheet) 17 1 T~~RGF. CC~%~v~P~GIAT., S~t,RVxCE (Contd) Determination of Demand The demand in kilowatts fcr bit-Brig purposes shall be ^ the greatest 15-minute coincident load (subject to power _factor adjustment duuing 'the month for i•;h9.ch bi11 i.s rendered, but in no event 'sYzall the demand to be b:Llled be considered as loss -than 5b o of. the greatest demand billed dur:i.rig t'rle preceding eleven months, nor less th~~.n 3 k-~ra for Service at Secondary jTol-tape and 2.5 kw for Serv~.ce at Primary Distrihut:ion ~,toltage. Nanimura Demand to. be F3i-lied The monthly demand charge shall not be less than provided above, whether or not energy is used. Power Factor The customer sha11 a-t all times take and t~se power in such manner that the average power factor shall. be as near 100°~o as possible, but when the average power factor is less than BO~o, then the demand as determined above sha11 be adjusted by multiplying it by 80% and dividing the product thus obtained by the average power factor expressed in percent. The average power factor is defined to be the quotient obtained by dividing the ki.lo~aatt-hours used during the mor~th by the square x•oot of the sum of the squares of the kilowatt-hours used anal the lagging reactive k.:~lovolt-ampere- hours supplied during the same period. Any leading kilovolt-ampere-hours supplied dttring the period wi11 not be considered in determining the average power. factor. Where customer's demand is less than ~0 kw -the average potiver factor may at the Company's option be determined by periodic -test or measurement. Standby, Supplementary, l~n.ergency and ~Cncidental Service (Alternating Current Only) Availability Available for service to customers who normally supply their regtitirements either directly or indirectly from another independent source of power for which the Company's service may be su:bsti-tuted wholly or in part. Customer shall contract for capacity adequate to supply the entire electrical requirements for which such service may be used. and Company sha11 not be obligated to supply capacity in excess of the amount con- tracted for by customer. Rate The billing shall be in accordance with the Large Commercial Service _ rate schedule, except that the paragraph "Determination of Demand" shall be modified to read as follows: "The demand in kilowatts shall be the greatest 15_minut~ .loa.d during the month for which ba.l1 i.s rendered, but in no month shall the demand to be billed be based. on less than -the greatest demand previously supplied nor on less than the demand contracted r".or. Sn addition, for new customers taking service subsequent to zTanuary 1, t~o5, 'the demand to be billed sha11 in no event be considered. as 1-ess than 1G0 kw." ~~ FI~t~~i Ai~tD :~~ITERRUP'C1BLE LARGE GF.~u`Fl~~li~ SERVZCF 18 F v~u l~~'.0:~3-3.ty Av;~ila'ole to any c~stc~mer ta?~:~.n ; his ontixe eleotr~.oal nti wire- ment;s from Company ::~?- 12,400 volts or h. ;her rho arees that Company°s sQ:~rice to the ectu~9 pmeryt 1:-steel ix~ Schedule A attached to the contract may ire inter- r opted by Comps.ny at any tidne x~nd for such periods €~s Corripany, in :1~: s sole discretion, considQrs the supply of such se:cvice detrimental to Its operations as a pu'ulic utility. Paate Demand Charge for Firm Service: First 100 kilovolt-aanperes or less of demand - $225.00 par month Naxt 100 kilovolt-amperes of den9and @ $1.55 per kva per month q~7 ~,-~.t $Clft 19 ii I9 19 @ 1 • !. h d t ' I9 19 99 19 7~7ext i (~, OQ0 91 tI „ 1! @ .o l. ~ 11 tt 11 I1 Exce s u tl 11 it ~ )1 @ 1 . 1 5 it II 91 II Demand Charg~o for Interruptible S erv ice: r ust '10 000 k:lovolt-s.mperes or less o f d emand - $3 400,40 per month Excess kilovolt-amperes of demand @ $.34 per ~-va per month PJ.us an Energy Char«e of '-1-rst F 20 000 ki lowatt _hours per month @ l.€i5~ per lcwh A 7 i~xt 1 ' 00 11 I1 JO t7 tl /~ ~ l t e !1 !t 1 . )t J I9 99 RR 77 itl e°a'nt nn 50 \JQO I1 I1 11 11 @ . 1 1 l I, it ~~'xt 400 OOQ 11 ti I1 11 @ l . . dl7 7 Ir tl I~ ax t 5 0 0 00 0 11 Ir 1, r, (a C . f1 1 7 9i I, Ltl ~i~t C1 11f1O !t©/1 (I i) 7 V L \J V 99 Ii /;1 l : .7 /_ U (r t0 EXCe s s it I9 19 ii @ ~ 7 0 i9 99 Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider Igo. 1. Prompt Payment Provision A charge of 5% will be added to net bill which ehar;e shall constitute a discount from gross bill for payment eaithin the disco~.~nt period. Petermina.tion of Der.~nd The Firm Service and Interruptible Service demands in kilovolt-amperes for billin purposes shall be cleter~nined by dividing the m,~xirnum desne.nd in kilo*.as.tts by the monthly average power factor sand 3ha11 be rounded to tine nearest whole kva, but in no razonth shall the d,airt~.nd to be billed be considered as less t`nan 50°!° o:E the gres.tAst derc>,~rici in ~-va billed during the p-se.ceding eleve*.: :;oaths nor in any e~rent less than 100 kva for Firm Service tad 10,000 kva for Interruptible Service. (Continued on following sheet) ~~ I9 FZA~~ .k:~dD ZI'I'L~~Ril:?TIBI..L I.~f.GD GE~E~:~.'L Sf;RV:iCD ({~ontd) Iyia.~imum Dem~.nd 'S'he m~.~irrnxm demand in kilo=~ratts :;I~a.ll be the greatest 15-minute load riuxing the month fox ~~hich bill is rendered. ~vex°~r~e Fourar F'ac`_or The a~zvarage power factor is defined to be the quoti~~n~. obtained b;~ dividi'ng the kiloC,~a%t-hours used during the month by the squar4 root of the sum of the squares of tho Ieilowatt•-hours used a.nd the lagging reactive Kilovolt-~empexe-hours supplied during the sama period. any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average po~~rer factor, The ovaraga power factor shall be determined fox es.ch of the Services, Y~linimum Demand to be Billed The monthly minimum billing demand fo:r each of the Services shat"1 not be lass than provided above, whether or not energy is used. 1 A.~ 20 C~V~Iti~:~.D STP,~EI' LIC$~Ii~tG SI;Ri1l.CE r '; r Availab:ility Avail~.~ble for year-=round ~~_11~iraxixaaS::ton of publ:Lc s~`reets, p:a.r?.ways, axxd h it;h;~ays by electric l~~rzsps i.n lumi Hair: s stxppo:~'ted on good poles, x=there the fa~i.lities foa thi;~ sew aic? are Fu~:ni st"led by Company. Rate Number of Lamps per ,Mon thly Rate Desi~nat:ion of Lamps Lea.minaire der Lumiztaire 1 500 Lumen - Incandescent 1 $ 2,05(1) 2 500 ee Be 1 2.30(1} to 000 1 2.75(1) 175 r°latt -Mercury 1 $ 3.95 2so BB B° 1 4.9a 400 IB tB 1 6•tld 700 BB BB 1 9.10 1 000 " °° 1 15.00 tr00 Matt -High Pressure Sodium 1 $ 12.25 F43EH0 -Fluorescent 1 $ 4.00(1) F48EH0 " 2 5.30(1) F7?_IIO " 2 5.50(1} F72H0 " t~. 6.90(1} F7?_FHO " 4 10,00(1} (1} Available to existing installations on"ly. Service Included in _Rate Company shall oTan, operate, and rzlaintaii-~ the Overhead Street Lighting system using Company's standard street lighting equipment. Daily Opera.tizz~ Schedule The daily operating schedule of the above lamps steall be from approximately on+~-half hour after sunset until one-half hour bef:~r:~ sunrise. Outagtes If illumination from any l~.mp is interrupted and said illumination is ^4not resumed ~rzithin 24 hours from th4 time Company receives notice thereof from Customer, 1/30 of the monthly rate for sxsch lar~np shall ba deducted for each nighi. of rconilluxnizxation s.fter such notice is received, ~1!~ _~ 21 OR~TAhix.~l?'11L STRr r~T LIGHTING SERV:CC~ (CtiSTOMER OT~~D~D Et~I7Iz~M~;NT) 1 1 Atrailabili.t~ Av<~ilable ror year-round illumination of public streets, parl~.~~iys, and higxx~rays by electric lamps mountad on' st~.ndards w'nere Customer sans axt Oznamental Stxnet- Lighting systeari compx.eta ~i~h standa:cds, luminaires t~xith globes, Iamps a.xzd oti;er appurtenances, tog~thwr Evith alI necessary cv~bles e<~tending betE~reen standards zincl to points ob connect ion to Compsny's faci.Iities as desa_gnated by Company Rs.te Group A Number of Daily Monthly Lamps per Operating Rate per Desi~ati.on o I~am~_~ Luminaire _ Schedule Luminaire 1500 Lumen - Incandescent 1 AN $ 1.90(1) 2 500 " " l AN ?_.00(1} 4 000 `° ]_ AN ?...30(1) 4 000 " 1 MN 2.05(1) ~i 000 " " 1 AN 2.80(1} 6 000 " 1 rIN 2..45(1) 10 000 " " 1 AN 3.90(1) 10 000 f1 " 1 MN 3.40(1) 15 000 " " 1 A1'~ 5.10(1.) 1.5 OOU 11 " 1 MN 4.35(1) 100 Watt -Mercury 1 AN $ 1.75 loo ~~ ~~ 1 rev l.so 175 " " 1 AN 2.25 175 " " l r~ 2.00 , 250 " " 1 AN 2.75 250 " " 1 NIN 2.25 400 '° PO 1 AN 3.50 400 " " 1 Mud 3.00 700 " " 1. A~~ 5.25 700 " " 1 MN 4.50 1 000 " 1 AN 7.25 1 000 " " 1 r1N 6.25 400 Watt--High Pressrxre Sodium 1 AN `i.00 F48rH0 _ I'lilorescent 1 AN 2,00(1) Fl+8AH0 - " 2 AN 2.75(1) F4EE.ITU - " 2 NN 2.25 (1) I'72H0 ~ " ~. AN 1.75(1) F72H0 ~ " 2 Ali 2.25 (Continuzd on ~ol1cY~aing sheet) I~ ~z oRr,A~~f:~~ifi~L 5~~~~ ~ :~~GT~~T;~~rG S~R~~C~ { coned ) Crraup A {Coned) ^~ Tluanber ofJa.i1y T~Iorati~ly Lamps per Operating Rate pe:c besignation of Larn~s ~_ LLUniraire Scheduic I,LLminaire F72I30 - k'1uar•escent ~ AN ~ 3.50 ~~ 72rTO .- ~~ 2~N-2NIlr 3.25 F72H0 - ~ T+ r~.V 3.00(1) 1f'72 ~H0 -- " ~ - ~ 1 AT~r 2.2 5 (1_ ) F72~,~TO - " 2 r~1 3.25 F72Efi0 -- " 2 P~i.V 2.75 (l ) ~'r(2EH0 -- „ ~ ATv 6.00 F72:ETT0 - - ~- 2AN-2NiN 5.50 (1) Available to existing installations .only. Where more than one of the above luminaires is mounted on a single standard, the monthly r. ate for each luminaire in excess of one shall be reduced by 25¢ (except as modified in Service Included :in Rate - Group A paragraph). Grou:~ B (E~'or installations consisting of standards which do not require painting v and globes ~~rhich are unbreakable') 175 Glatt w P%~rcury 1 ATV ~ 1.75 250 " " 1 AN 2. > 25 Z~00 " " ~ 1 ATd 3.00 Service Included l;n Rate Groin A Cornpany sha11 furnish a.11 electric energy necessary to operate Customer.'s Orna- mental Street Light~.ng system, shall matte all laanp and globe renewals, clean the globes, light and extinguish all lamps, paint the meta7_ portions of the standards and furnish all the materials and labor necessary therefor. At Customer's option Company shall make all ballast renewals in lieu of painting the standards; in which. case the 25¢ per luminaire reduction far. more than one luminaire per standard, as provided for under the above Rate, sha11 not apply. Crrou B Company shall furnish all electric energy necessary to operate Customer's Orna- mental Street Lighting system, sha11 make all lamp renewals, dean the globes, .light and extinguish all lamps arad i'urnish all the materials and labor necessary therefor. bail~Ope.ra~tin Schedule: The daily operating schedule oy' the above lamps on the All-night ~N schedule shall be from approximately one-half' hour as°ter sunset until one-half hour before sunrise, and on the Midnight (NlN) schedule shall be from approximately one-half hour after sunset until midnight (Central Standard Tizr:e . Outages If i~_lumi.nation :From any lamp is interrupted and sa:i_d illumination is ~- not rF:surned within 21~ hours .fr.om the time Company receives notice -thereof from Customer, 130 of the monthly rate for such lamp shall. be deducted for each night of non-i.l.lurninat~i.on after such notice is recieved, !~4 2.3 Ci1S'1'C?~i :~USIDi;,jl`C_t?~:i, S".Ci~':c;~'T 'L:CL";HTIiVG S'CRt/ZCR Availabi:l~ Av~.ilable for yea:,: -round :~.1lumins.t i on of pu;ulic streets by electric Vlamps in Iumixzas_res rnaitnted on standa:rdS• a.x-zd served tk?~rough uncle;°ground ciz:c:uats, ~~rhFre the facilities for t,xis service a:~e fu°cnished by Coanpanye Sz`reet l.ight~.ing se~-vic.e under this sc'edule :e_s limited to ~°esidexitzal aye as h.~v~€.ng a Compaxxy a:~ned underground elvct.ric distribution system. Rate Nlanthly Rate DeSi nation of La_ zn~s per Standard 175 t~7~~tt - ~~iercury $ 5.05 250 11 6,00 Service Included in_Rate Company steal]. owrz, ope,:ate, and maintain t'ne Custom Residential Street Li.g'nting Nystem using Company's standard street Lighting egLC:ip~~ient, which includes one lamp per standard, Dail,~_t~~erati_n~ Schecl~.zle The• d~.i1y aperat_ing schedule of the above Iazxzps sha11 be from appro~cimately one-half hour after sunset until one-half hour before su_rzrise, Outas;es If i1l.uzxiination from any Tamp i s :interrupted and said illumination i.s not resumed w~_thin 24 hours from the ?.:ime Company receives notice thereof from Customer, 1/30 of the monthly rate for such lamp shall be deducted for each night of nonillum~_nation after such notice is received. [~. ~~ ~~ ~?~:~~~ ~ ~c s zc~~~ s~~cr~c~ ~v_~z:~,,la.bil:Lc~ Ava.;,la~ale to rrnt~zicipal, stag, a~zd odegnl ~cirrernments, Y~,ye.4r M_ agencies ~:nr~ ~;ubd~.v.i-s~_ons, (to exclusion of other rues) fnr op~r~.c~.oa1 0.~ tA~.firv si~;~:.als, and direction and warning lihts along streets ~.nc3 ltit;hways, fo~° traff.}_c r~e4}ui.ation a.nd guidan,cL as disti.nguivhed fraxn st:ree.t Zightirzg arzd gen~r~Z :~ zl.unzAna~-ion. Rate Demand Char ,e ~~ First 5 kilowatts or `Less - Igo charge Excess 1e3.lo;aatts at $3,20 pe'- ~~ per month Ener~Charge 3.5~ per kilowatt-hour ~] 1 Fuel Clause Dills sr_tbjvet to the adjustment provided fox in Fuel Clause ~tider .do. 1. 2~ontt~ l~in:l~~auri Cha~Ms;e X1..50 DeC~:rxriZna~.xon of Dezn~.nd 'ZI:e d.~rnand in kilowatts for bil7_~.na p~,zrposes s'~-td~? 1 x~z _ the R~._=_at4si. 15-minute load durZno the month for ~~hich by ~.~.s 7 s rendered, Fo~° billing pzarposes the dezzzs.nd shM11 be adjusted to the neaz:est 0,1 I;s~r. The demand may be determined by test. Serial Terms and Conditions The eustonter shall supply the servile trues .run a.n conduit up the nearest polo o~° to saxre other point designs.terl by the Company near the si;nal. The necessary metex loops and cabinets mtirst be supplied by the customer. ~~~ 25 C Ta~U~ItG7sAL WATER FU~I'II~G SERVICE u J Availability Available for. the operation of pumping plants of municipally owned --"-~rate° ~~orks, Lig'nting s.nd heating :Limited to"incidental use in oper~tin pos:~e~r equipment (Ra.te schedule appli:-~d ~sepa:~:~atel.y to each delivery point} Rate Farst 2 000 kilowatt-hours per month C 2.29 per kwh I~te~.t 2 000 ray ar rr as (d 1,76 ra rr E X Ce S S as to rr ra @ i . 2 3 rr as Fuel Clause Bills subject to the adjustment provided for in Fuel Clause - Rider Pdo. 1. Monthly t~iinimum Charge first 1 HP or 1Qss of connected load - $1.00 ~ryw~ w _- Excess HP of connected loan @ $.25 per Hl' Fo~avr Factor Customer shall at all times take and use power in such manner that the power factor shall be as near 100% as possible, but when the average power factox is less than F30%, customer agrees to install the necessary corrective equipment to raise such power factor to at least £30°!. The average po~rrer factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the lcilowatt- hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period, Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. Standby and S"u~lementa~ Service Available for service to pumping plants of imunicipally owned water works when an interconnected water system of such water works includes a pumping plant using a source of power other than electricity supplied by Company, Rate The billing for each pumping plant served by Company shall be in accordance with the above except that if the total net payments during any contract year following the installation of a source of power other than electricity supplied by Company amount to less than $15.00 per horsepower of connected load of all pumping plants served by Company at the beginning of such contract year, the difference betwea?n said $15.00 per horsepower and said total net payments shall be included in the bill for the last month of such year and Customer shall pay same as a charge for service rendered. 2b MUN1C:rPAL SEWAGE PUMPING SERVICE Avai3_abil__t.~ Available to'mun:icipal sewage systems for operation.of pumping and _ setazage treatment plants c~~hen all pumping and• other power requirements ~3t ~a11 plants ax•e supplied hi'reunder. (Race schedule applied separately to each delivery point) Rage Fix'st 1 500 kilowatt-hours per month Ca ?_.82~ per kwh _ _~~ Next 1 500 rr rr rr rr ~d 1.76 rr rr rr rr rr rr (d 1.23x, rr rr ];~CCeSu ~'u.el C1~.use Bills subject to the adjustment provided for in Fuel Clause ___.Rider No. 1. ~1ont.hly Minimum Charms First 1 HP ar. less o,f connected load - $1.00 _.._ ~ Excess HP of connected 7_oad @ $.50 per HP Pcswe:r Factor Customer shri'C1 at all times take and use power in such rnannur that the power factor shall be as nes:r 100% as possible, but when the average poraar factor is less than 80%,, custc~ner agrees to install-the necessary corrective eclua.pment to raise such power factor to at least f30%. The average power factor is defa.ned to be the quotient obtained by dividinf; the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatc- hours used and the legging reactive kilovolt-ampere-hours supplied during the satilC period, Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. 1 AA 27 I Pltt~ S iREit .iERVICE .~vazlabil-t~ ~vaila.'ole for power service for' t>ne operation o£ municipal file ~.. sirens ti~!v-i.ng a rated capacity not in excess of 10 horsepowero state 20~r pex month par horsepower. of connected capacity I3iscaur!t Kane P~zini:mzm Bill $1.00 net pe`r month Connection tinder the above rate tl:e Company rill make no extension for service other than a normal service span. G~here conditions are s~±ch that s. long service con~iection ox extrs. trdnsfoxmer capacity, 'or bor_h, are necessary, the customer shall pay for ti?e cost of tnP extra e~uipnta Ttie circuit serving tYae firf.~ siren must be in conduit from ti~v entrance. to the riotor with an enclosed.entranee switch box, which may be sealed and operated from un external appliance; optional In case the customer already has a service connection of sufficient .~ capacity to permit operation of the fire siren without unduly disturbing con- ditions o-ci the Company`s nearby circuits, the fire siren may be connected at the option 'of the customer on the load side of the customer°s existing meter and the commercial rate applied to the total load, A~~ 28 FARM SERVICE Avs.il.abi~_it~y Available to any farm customer,-for all electric lightin~> power, ~~ and heating " ~tlrposes . Rate First 100 kilowatt-hours pPr month @ b.b~ per kwh AV °°r~.t lf~o 9i li ii 19 (,~ 1 3v~+ 99 Pi Next 30/~ 12 9i 91 it ~1 2 s t) 19 91 ext 500 ti 1i PP t7 ~ 2.3 91 IP N LY ext 1 C 0 V Pi ` 11 PP It ~ 2 . 0 ti it Excess 1! I1 it tl (,~ 1.8 11 it Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider Pro. 1. Monthly Minimum Char;e $2.00 for 10 kva or 'less of required transformer capacity plus $ .50 for each ktrs, in excess of 10 kva.. Special Rules , 1. Motors and other equipmentwhic'n interfere with service to neighboring customers and all transforrr~r type welding rr~.chines ~.arger than 25 kilovolt- arnperes wi11 not be permitted on the Farm Service rate. 2. Only single phase service at 120/240 volts, rendered through one treter, is available under this rate. If three phase service or primary voltage service is supplied it shall be under rates available for such service. 1 3. Where two or more farm customers are served from the same transformer, the minimum charge for each customer will be based on the transformer capacity required adequately to serve him, without regard to the transformer capacity actually installed or the minimum charges of other customers served from the same transformer. The Company reserves the right to install load limiting devices for the protection of its transformers and equipment and for the determination of the appropriate transformer size, 4. Temporary enlargement of transformer capacity for such purposes as corn drying and hay drying sha.11 be treated-as Temporary Service. A,~ 1 ' ALL ELECTRIC FAR'~I SERVICE Availalailit~ Availab~.e to any farrri cus`camer for electric lighting, power, ~~nd heating purpos~ws where 120/240 volt single phase electric service is used through one meter and customer has in regular use either an Approved Water Heating Installation or arr Approved Space Heating Installation or both, Rate First 100 kilaf,~att-Iaours per month @ 6.6~ per Icwh Next 150 " ~ " " " @ 2.6 " " i'~ext 750 r' rr r' r' @ 2.0 rr rr NeXt 2 000 r' 'r 'r 'r @ l.7 r' r' ExCeSS 'r rr tr tr Ld 1.6 rs rr Fuel Clause Bi11s subject to the adjustment provided for in Fuel Clause ~~.Rider No. 1. ' 29 Monthly Iviininrurn Charge $2,00 for 10 lcva or less of rPquirect transformer capacity plus $.50 for each lzva in excess of 10 Icva. Ryles for Application of r~.11 Electric Farm Service Rate I. The specifications for an Approved Water Heating Installation under this rate are as follows: a. The water heater shall be equipped with no more than two heating elements, Each heating element shall be noninductive, thermostatically operated and designed for 240 volts. b. For a water heater equipped with two heating elements: The tank size shall be not less than 40 gallons; the rating of either heating element shall not exceed 5500 watts; and, if the total of the ratings of the two elements exceeds 5500 watts, the elements shall be so interloclted that they cannot operate simultaneously. c. For a water heater equipped with one heating element: The tank size and the rating of thz heating element for eac'n tank size shall be as follows: - Tank Size Heating Element in Gallons Ratin; in Watts 1 30 3 500 50 5 500 80 5 500 d. Electric water heating service will be supplied only under a single applicable rate schedule. (Continued on following sheet) A..A 30 ALL EL~ECTRTC FARM S~RVIC~ (Contd} e. `i'h~~ ins'callation shall not be used to <.>upplement any other sys-tern of providing hot water service. f. Cor,;_E,any reserves the right 'to control service to the water heating load. ?_. The specifications for an .Elpproved Space Heating lnstailatior~ under this rate are as fo_llo~Jrs a. F'lectric space heating equipment (except 120 volt units individually ratecti at lj amperes or less} sha11 be designed to oyaerate at 2~t0 volts, shall be permanently installed and shall be the sole source of space heating except that provided by fireplaces. b. Y~ot more than~_1.0 kilowatts shall be switched at one time by the hea.tin~ system controls. c. Company reserves the right to control service to the space heating load. 3. Transformer type welding machines larger than 2j ic.ilovol.t-amperes will not be permitted on this rate. 4. Where two or more :farm customers are served from the same transformer, the mini.rlu°n. charge for each .customer will be based on the transformer capacity required adequately to serve him, without regard to the transformer capacity actually installed or the minimum charges of other customers served from the same transforrraer. The Cornpar~y reserves the right to install load limiting devices for the protection of its transformers and equipment and for t'ne de- termination of the appropriate transformer size. 5. Temporary enlargement of transformer capacity for such purposes as corn drying and hay drying sha11 be treated as Temporary Service. 6. If three phase service or primary voltage service is supplied it shall be under rates available for such service. ~~ CONTROLLED WATER HEATING SERVICE (Closed) Availab:il.ity Available to any Controlled Water Heating Installation supplied through a separate meter and served hereunder on November 1, 1961. No near water heating installation made after November 1, 1961 caill be served under this rate. Ra~:e Enemy Charge : 1.54 per kilowatt-hour Excess Wattage Charge: One Element Tank - If the capacity of the heating element exceeds 20 cratts per gallon of tank capacity, an ~.dditional charge of 10~ per month. per whole 100 ca~atts will be made for such excess capacity. Two E7.ement Tank - If the capacity of the bottom element exceeds 20 watts par gallon of tank capacity or the top element exceeds 4500 watts, an additional charge of 10~ per month per whole 100 watts will be made for the greater of such excess capacities. Fuel Clause Iii11s subject to the adjustment provided for in Fuel Clause Rider No. 1. rionthly Minimum Charge $2.00 ~l Time Control An electrical control device will be furnished by Company cahich will control the service so that no energy will be supplied during the follow- ing periods: 10:00 a.m. to Noon and 4:00 p.m, to 7:00 p.m. or such other daily period or periods as the Company may elect from time to time but not to exceed a total of five hours daily. Approved Controlled 6Jater Heating Installation The specifications for an _ approved controlled water heating installation under this rate are as follows: 1. The water heater shall be of the storage type, equipped with one or two thermostatically operated noninductive heating elements designed for 240 volts (208 volts in some commercial areas). 2. If the water heater is of the two-element type it shall have one element near the bottom and the other not more than one-fourth the distance from the top of the tank and so connected or interlocked that they cannot operate simultaneously. (Continued on following sheet) A.~ 32 C0~7TROLLED WATER HEA'I'I~TG SERVICE (Closed) (Contd) 3. The storage capacity o:E any water heater installed hereunder after January 1, 1959 shad be 80 gallons or more. -_ ~f. The water heater, whether one-element- or tsao-element, shall be connected by means of a tamperproof circuit to Company's controlled service meter. 5. At customer's option t_he top (emergency or booster) element of a two- element water heater may be permanently connected to either Company's con- trolled service meter or to Company's Residential Service ar General Service meter. b. The water heating installation may consist of two or more tanks provided that the installation meets the specifications for a single tank and that all are located on the same premises for one customer's use. 7. The installation sha11 not be used to supply hot water for space heating purposes. ,_ ~_ u nA 1 FUEL CLAUSE RIDER N0. 1 The adjustment to be added or deducted under the Fuel Clause shall be O.U12~ per kilowatt-hour for each whole cent by whic'n the cost of fuel is more or less, respectively, than 31~ per million Btu, The cost of fuel sha11 be the average cost of fuel used duxing the preceding tti~elve months as recorded in FPC Accounts 501 and 547.- 1 33 nn i J~, P<tss?d by the City CC'i221Ci'l. 07= the City of rich:Field this 9th da;~ of Jtxly, 7.973. e~ -/ Lor~r_ L e Law `' ,~ ~ 1~Iayor ATT'ES T: ~,'ct~ ~ v~ '~C ~~~ Thomas J. Moran%" ~ City Cler~C 1 1 ~~~ SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD ,SUN 6601 W. 78th St. t} a.~ f ~ ~ ii ~ j i t ~.-. ~. 1 J E< v Bloomington, Minnesota State of Minnesota 1 County of Hennepin j SS. a --- -- c : pony, but such performance is neverthe- rights< k ~ less ordered or directed by Municipality .pall u , 3 otter notice o[ such determination by 03 - p w . Company. In the event that suit shall be The eaj d n brought against Municipality under sir- chile of i p Ra CUmstances where the above agreement ny. ' , d ~ to indemnity applies, Company, at its sole l 8.33 - ~ FI - cost and expense, shall defend Municipa ordinanj ity in such Butt i[ written notice o[ the sett code asp. Nt is promptly given to Company within a Passe penod wherein Company rs not preju- of Richfl Ne diced by ladt o[ such notice. H such notice t is not seasonably given as hereinbefore ~ Na provided, Company shall have no duty to ' A7TEST'; indemnify nor defend. H Company is re- THOMAS ~ quired to indemnity and defend, it will City Cler thereatter have complete c°nVol of such litigation, but Company may not settle i D such litigation without the consent o[ the ma ~ Municipality unless Municipality unrea- i sonably withholds sdch consent: O°e 6.33 - 19. RELOCATIONS. Subdivi- P~ Sion 1. Whenever Municipality shall TO Fir grade, regrade or change the line ~ any R street or public place or otherwise im- Avatlabi Nea prove any street or public place or con- c struct or reconstruct any sewer or water system therein and shall, with due regard n oo~y Net W seasonal working conditions; reasons- R First Net bly order Company to relocate perma- nently its electriral facilities located in Ne:t Nex card street or public place, Company shall relocate its facilities at its own expense. Nest Excr Municipality shall give Company reason- I able notice of plans requiring such reloca- Neat 3 lion. Nothing in this ordinance contained Pls shall deprive Company of its rights under Chap Minnesota Statutes Section 161.46, as fora amended. FuelC Subd.2. WheretbeMunicipalityor- J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated 1°e° ders Company to relocate any of its facrlr- has been the vice president and printer of the newspaper known as The Richfield Sun Promei .ties, Company shall proceed with such and has full knowledge of the facts herein stated as follows: (1) Said newspaper 5%P relocation. It such relocationisdonewith- out an agreement first being made as to is printed in the English language in newspaper format and in column and sheet form char who shall pay for the relocation cost, such equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and from the di relocation of the facilities by Company is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted Determ shall not be construed as a waiver of its ri ht to be reimbursed for the relocation g to news of local interest to the community which it ttr p ports to serve and does not wholly in kilt rnst. If Company claims that it should be duplicate any other publication and is not made up entirely of patents, plate matter and ~ ~' load ( reimbursed for such relocation rnsts, it advertisements. (4) Said newspaper is circulated in and near the municipality which it Durports ment sfiall notify the Municipality within ten Il0)daysa[terreceiptofsuchorder. to serve, has at least 500 copies regularly delivered to paying subscribers, has an average o! bill is Subd. 3. E:wept where re uq iced pr~- at least 75% of its total circulation currently paid or no more than three months in arrears aeles mart y or a municipaTmprovement pro- and has entry as second-class matter in its local post-office. (5) Said newspaper purports to mand lest, the vacation of any street, alley, serve the City of Richfield in the County of Hennepin and it has its known office of clever ~ public way or public ground, after the ia- shall not stallation of electrical facilities ~ sue in the Cityi of Bloomington in said county, established and open during its regular business Servie k , operate to deprive Company of the right Ctrs for the gathering of news, sale of advertisements and sale of subscriptions and main- w for lion Vr ~ operate and maintain such electrical fined by the managing officer or persons in its employ and subject to his direction and con- Miaimu facilities, until the reasonable eostsot relocating the same and the toss and ea- 1 durin all such re ular business hours and devoted exclusivel during such re alai g g Y g month. less th pease resulting from such relocation are iness hours to the business of the newspaper and business related thereto. (6) Said news- notene first paid to Company. paper files a copy of each issue immediately with the State Historical Society. (7) Said news- Power Fr l.33 - 20. TREE TRIMMING. paper has complied with all the foregoing conditions for at least two years preceding the daY times Company shall have the permis- 'stun and authonly to trim all trees and or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of manne for bra shrubs in the streets, alleys, public ways State of Minnesota prior to January 1, 1966 and each January 1 thereafter an atfidavit in the but why and public grounds of Municipality, inter- form prescribed by the Secretary of State and signed by the publisher of said newspaper and less th--~ - feting with Ne proper construction, oper- and maintenance of any repair aeon sworn to before a notary public stating that the newspaper is a legal newspaper. determ by mul , , Poles, pole lines, conduits, fixtures or the pre appurtenances, installed iirpursuance o[ e the 'authority hereby granted, provided rage p cent that Company shall save Municipality . ,, The a harmless from any-liability in Ne premis- ~1 11 X1 1 14 ' ' ` i fined G dividi es. °~Dd-21. FRANCHISE TERMINA- 3 0 ° 7 - T1 3T1( P He further states on oath that the printed Y'C~ in lye g TION. I[ Company shall be in default in hereto attached as a part hereof was cut from the columns of said newspaper, and was printed the sur the performance of any of the material terms and conditions o[ this ordinance watt-ha five kit' and shall continue in default (or more during than ninety (90) days after receiving no- kilovolt lice from the Municipality of suchde- ing the fault, the Municipal Council may, by ordi- and published therein in the English language, once each week, for One successive weeks; . in Bete nonce duly passed and adopted, terminate all rights granted under this ordinance to factor. W1kn Company. The notice of default shall be in ° writing and shall specify the provisions of ~ ~ this ordinance in the performance of Y termini .which it is claimed that Company is in f eT L11V th t it 1 2 ~~ ~~u' ~ sureme default. The validity and reasonableness 3, a was first SO published on the . da o 19 i ' of any ordinance so passed declaring a Standby, forfeiture of the rights and privileges ~ granted by this franchise ordinance shall (Al be subject to review by a court o[ cempo- Availabil tent jurisdiction. wstome 5.33-22. CHANGE IN FORM OF and was thereafter printed and published on every to and including requrret GOVERNMENT: Any change of the redly I form of government of the Municipality source Compan as authorized by the State of Minnesota ed wholl shall not affect the validity of this fran- c ont a chise. Any municipal corporation suc- the day of 19 and that the following is a printed copy ~ ' U PP Y seeding the Municipality shall, without of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being menu fa the consent of Company, succeed to all the rights and obligations of the Munici- the size and kind of type used in the composition and publication of said notice, to-wit: used and gated to oality provided in this franchise. 3 E abcdefghijklmnopgrstuvwxyz abcdefghi}klmnopgrstuvwxyz the amo Comer, Rate The b . 3-23. COSTS OF ADMINISTRA- TION. The Company agrees to pay to the Authorit an initial. sum of 150,000 within 30 days after written acceptance of • with the this franchise by Company, and not less rate sche than =160,000 per year payable in quarter- .. graph "I ly installments rnmmencing on January shall bet 10, 1979, to be allowed as an operating "The der expense to the Company and which shall thegreaf be used to secure compliance with this the montl ordinance, and for such other purposes Subscribed and sworn to before me this ~ 2 day of~T but in no 19_.~ be billed relating to the Company's ebsts o(service as Ne Authority shall deem necessary. - greatest t The amount of such annual payment shall nor onles be subject to review and revision by the ed for. In Authority and Company at the end of 1975 ers taking and thereafter as mutually agreed to. (NOta ial Seal) nary 1, 19 f);33 - 24. ASSIGNMENT. Company in no even upon notice to. the municipality shall h~.•< r• 100 kw." FIRM , full right and authority to assign all rights conferred upon it by this ordinance to any LARD person, persons, firm or corporation. The Availabili assignee of such rights, by accepting such M. Vest NotaT~q Public Hennepin County Minn er taking i assignment, shall become subject to the , , , . qu remenl terms and provisionso[thisordinance. Commission Expires April 18th, 1979. volts or t1.33 - 25. WRITTEN ACCEPT- Company' ANCE. Company shall, if it accepts this listed in E ordinance and the rights hereby granted, contract file a written acceptance of the rights Company hereby granted with the Municipal Clerk periods as wiNin 30 days after the effective date of cretioq ca the agreement establishing the Authority. service dr g.33 - 26. REVOCATION. If this lions as a p um[oim franchise ordinance is not adopt- Rate Det ed by July 31, 1973, by Municipalities in Service: which 60% of Company's electric custom- First 1001 ers in the Metro Area were located on demand ~ 3anuary 1, 1973, the Municipal Council Next 100 may revoke the same. However, this mand @; right of revocation shall terminate when Next 800 the Authority is established. For this p~r- mand @ ] pose each Customer Account of Company _-- Next 9 OI "' shall be deemed a customer. Company demand @ shall notify the Municipal Clerk in writing Excess kilt whether the above condition has been @ 1.15 pe met. If revoked, the provisions of this or Demaad C dinance shall be without prejudice in any Service: subsequent proceeding. First 10 OC oideman g,33-27. EFFECT ON EXISTING Excess kilt FRANCHISE. It is the intention of the _ Ca$.39pe'~ Council that this franchise ordinance is , PlusaaEae effective upon rnmpliance with 8.33-25 First 20 ~ and that it shall thereafter govern the rights and duties of Company and Munici- „~.r..o,., __^__ _„ _ _ _ _ ,(1!aedea ml 7ae.iluoa Ileys .iamol _ __ __ _ _.so.o.,~-.~ N month @ M ' polity until its termination. IL is further the intention o[ the Council that rr•~ ~-~-` -v~ Ted u~ .io Jllo4M Palnl!7sgns _ _ ... 4 1 ~ ~, ,~^n ,o „per„ ,~A _ .lad cs': _ '