1. GENERAL DEFINITIONS

   Certain terms used, for the purposes of and subject to the other provisions and conditions of the Rate Schedules and Service Regulations, unless otherwise indicated are defined as follows:
    

   1. SYSTEM: Shall be defined as the Lincoln Electric System acting through the elected city officials, duly appointed board members, agents and employees within the scope of their duties and responsibilities.

   2. CUSTOMER: Any person, partnership, association, firm, corporation (public or private) or governmental agency, requesting and/or taking service from the SYSTEM at a specific location, whether the service at that address be in their name or someone else’s.

   3. SERVICE AREA: The area defined generally by a three-mile limit outside the Lincoln City limits. A map depicting the exact area may be obtained at the SYSTEM offices.

   4. SERVICE WIRES: The wires, owned by the SYSTEM, connecting the SYSTEM’s distribution system to a CUSTOMER’s service terminals or conductor.

   5. POINT OF DELIVERY: The point where the SYSTEM supplies service to a CUSTOMER and which, unless otherwise agreed upon between the SYSTEM and the CUSTOMER, shall be the point where the SYSTEM SERVICE WIRES are joined to the CUSTOMER’s service terminals or conductor.

   6. METER: The device or devices including all auxiliary equipment necessary to measure and register an electrical quantity (energy, demand and reactive power) that is supplied by the SYSTEM to a CUSTOMER at a POINT OF DELIVERY.

   7. BILLING PERIOD: Bills for metered services are rendered on the basis of the scheduled meter reading dates or a date agreeable with the SYSTEM for final readings. Under normal conditions, BILLING PERIODS typically range from 27 to 35 days. Non-metered service billing periods are based on a monthly schedule set by the SYSTEM.

   8. COGENERATION AND SMALL POWER PRODUCTION: For the purpose of these Regulations, COGENERATION AND SMALL POWER PRODUCTION shall be defined as all forms of electrical generation that are or could be in parallel operation with the SYSTEM. Such equipment may include, but may not be limited to, conventional facilities as well as renewable generation. See Paragraph L-2.

   9. FACILITIES INVESTMENT COST: The total cost to the SYSTEM, including design, material, equipment, labor and labor overheads to build and install additional facilities above and beyond existing plant, or to reinforce existing facilities, in order to serve the CUSTOMER’s load or additions to load.

   10. AID-TO-CONSTRUCTION: A payment required from the CUSTOMER to the SYSTEM involving a portion of construction costs. Such payment does not entitle the CUSTOMER to a right of ownership of equipment or facilities. The amount and manner of payment of this cost will be determined by the Energy Delivery Division.

   11. PROPERTY OWNER: Any person, partnership, association, firm, corporation (public or private) or governmental agency, holding title to and represented by that title as having all rights and privileges of the property described in the title will be considered by Lincoln Electric System as the PROPERTY OWNER. The PROPERTY OWNER may be represented by an Agent and upon written notice by the PROPERTY OWNER, rights and privileges may be exercised by the Agent.

   12. CONTRACT CUSTOMER: A customer who requests special services that are not included within the published retail rate classes of service, which shall include cogeneration and small power production, as defined by the Public Utility Regulatory Policies Act (PURPA), wheeling services, certain interruptible services, and general wholesale power transactions.

    

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2. AVAILABILITY AND CHARACTER OF SERVICE

   The availability of service and the equipment to be used in providing electric service shall be determined by the SYSTEM before electrical plans for service connections are finalized. An AID-TO-CONSTRUCTION may be required for facilities the SYSTEM installs in excess of what is normally required for service to a CUSTOMER as governed by these Service Regulations. The SYSTEM shall advise the CUSTOMER of the available phase and voltage for that service. The CUSTOMER shall be responsible for operation, maintenance, replacement and renewal expenses on all CUSTOMER owned equipment. The CUSTOMER shall permit the SYSTEM to trim trees including the removal of limbs, to the extent that such trimming shall be reasonably necessary to prevent interference with the SYSTEM’s lines and equipment.

    

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3. REQUIREMENTS FOR SERVICE CONNECTIONS
    

   1. Application for Service (less than 200 amps, secondary voltage)

      An “Application for Electric Service” for service entrance sizes of 200 amps and below and 600 volts or less must be received by the SYSTEM at least 14 calendar days before final inspection by the appropriate Electric Code Agency if primary distribution facilities are in place and 45 calendar days if primary distribution facilities must be extended.
       

   2. Application for Service (between 200 and 1,000 amps, secondary voltage)

      An “Application for Electric Service” for service entrance sizes larger than 200 amps and no larger than 1,000 amps and 600 volts or less must be received by the SYSTEM at least 45 calendar days prior to final inspection by the appropriate Electric Code Agency.
       

   3. Application for Service (greater than 1,000 amps or primary voltage)

      An “Application for Electric Service” for service entrance sizes larger than 1,000 amps and any primary metered service (greater than 600 volts) must be received by the SYSTEM as far in advance as possible. The electrical connection date will be subject to the availability of the transformer and other equipment needed and having sufficient time to schedule and complete work required (this, in some cases, can be six months and longer).
       

   4. Easements

      The CUSTOMER, without expense to the SYSTEM, shall provide or procure the easements necessary to furnish service to the CUSTOMER and the SYSTEM will not be required to make installation of service connections until all necessary easements have been given. No service shall be connected or continued unless all easements requested by the SYSTEM have been granted.
       

   5. Electric Code Agency and SYSTEM Inspection

      The SYSTEM will proceed with the connection of a service entrance as soon as practical after final inspection notice from the appropriate Electric Code Agency is received, provided specified requirements are met by the final inspection date. These requirements include, but are not limited to: the above lead times, filing of easements, establishment of final grade, lot pins, removal of all obstacles (fences, brick/wood/dirt piles, retaining wall, underground obstructions, etc.), installation of the required conduit, transformer pad and other items as deemed necessary by the SYSTEM.

       

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4. POINT OF DELIVERY AND SPECIAL BILLING APPLICATIONS

   The rates of the SYSTEM are based upon the supply of permanent service to the entire premises through a single delivery and metering point. If the SYSTEM agrees to supply service to a premises at more than one POINT OF DELIVERY, the service measured by the METER at each POINT OF DELIVERY will be considered a separate service, and meter readings will not be combined for billing purposes. Equipment which can transfer load between separately metered services will not be allowed, except in situations approved by the SYSTEM for services at the same location and on the same rate code. The only exception to the practice of consolidating meter readings for billing purposes shall be those existing residential circumstances where three-phase service has previously been provided for air conditioning purposes only and metered on a separate circuit. In those circumstances, the existing CUSTOMER shall have the three-phase air conditioning METER and single-phase residential service METER consumptions combined and billed at the applicable residential service schedule. The additional charge for this service is provided in the Residential Rate Schedule under the Three-Phase Air Conditioning Service Rider.

    

   A CUSTOMER must arrange in advance with the SYSTEM for a special consideration to be made concerning abnormal billing demands that result from the CUSTOMER’S testing of equipment. The CUSTOMER should contact the Consumer Services Division at least seven calendar days in advance of each expected abnormal billing occurrence. The SYSTEM will inform the CUSTOMER in writing under what conditions and provisions special billing consideration will be allowed (i.e., time, duration and frequency of occurrence, and who must be present during the testing process).

    

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5. CUSTOMER RESALE AND REDISTRIBUTION OF ELECTRIC SERVICE

   It shall be the policy of the SYSTEM, when cost effective, to require separate metering for electric power serving each new individual dwelling unit, new industrial or commercial unit, and future subdivisions of existing buildings as provided for in the policy for Master Metering established by the Administrative Board (currently Policy No. 10). Electric service purchased by a CUSTOMER shall be for the sole use of such CUSTOMER in and upon the premises to which such service is supplied, and shall not be sold directly nor a bill rendered, on a metered basis, by a CUSTOMER to lessees, tenants or others. Existing submetered facilities can remain, as is, if the end user does not pay more for electric consumption than the applicable LES rate.

    

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6. TEMPORARY SERVICE
    

   1. Charges

      A one time charge of $90.00 will be made for each temporary overhead or underground single-phase service connection, consisting of SERVICE WIRES and self contained METER only. When more than the above is required to provide the requested temporary service, the CUSTOMER shall, on a contract basis, pay for all work done by the SYSTEM in completing the temporary extension of existing electric lines and facilities needed to provide the temporary service requested. The temporary extension charge will be a nonrecoverable charge, payable in advance of any construction and equal to the estimated cost of non-reusable material plus 10 percent of the cost of reusable material, storeroom cost, labor, labor overhead, truck expense, subsistence, engineering and supervision necessary to construct and remove the extension. If a contractor is delinquent in paying the charges for a temporary service, no additional temporary services will be provided to that party until all amounts due are paid, and payment in advance may be required prior to providing additional service. The CUSTOMER will provide an identifiable address on site before temporary service is connected.
       

   2. Conversion to Permanent Service

      When the temporary service is for a building contractor and service may be furnished later on a permanent basis, material in the temporary service may be used in the permanent connection. Any material and associated labor proposed to be used in the permanent connection will not be considered in determining the connection charge for the temporary service.
       

   3. Special Cases

      At the SYSTEM’s discretion, it may apply a special procedure for handling temporary service to short term or seasonal retail stores (i.e., Fireworks and Christmas tree stands) that provides for flat fees for kWh consumption and service connection charges.

       

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7. EXTENSION POLICY

   Permanent single-phase or three-phase extensions will normally be built in the most direct route from the nearest source of supply and to one service entrance location. Multiple points of service are not standard and if permitted, may require an AID-TO-CONSTRUCTION.
    

   1. Service Voltages

      Normal 60 Hertz alternating current service voltage extensions which can be provided under the appropriate load conditions as determined by the SYSTEM are:
       

      1. from overhead secondary distribution lines:

         120 volts, single-phase, two wire

         120/240 volts, single-phase, three wire

         120/240 volts, three-phase, four wire

         120/208 volts, three-phase, four wire

         277/480 volts, three-phase, four wire

          

      2. from underground secondary distribution lines:
         
         120 volts, single-phase, two wire
         120/240 volts, single-phase, three wire
         120/208 volts, three-phase, four wire
         277/480 volts, three-phase, four wire
          

      3. from primary distribution lines:

         7,200/12,470 volt, three-phase, four wire
         34,500 volt, three-phase, three wire
          

      If deemed appropriate by the SYSTEM, other voltage service extensions can be made available for approved loads upon application by the CUSTOMER.
       

   2. Service Installation Cost

      Subject to all other requirements of the Service Regulations:
       

      1. Service will be installed at no charge if the FACILITIES INVESTMENT COST to the SYSTEM will not exceed 2.5 times the estimated additional annual revenue resulting from providing the service.
          

      2. Service will be installed with an AID-TO-CONSTRUCTION to be paid by the applicant in the amount and manner determined by the Energy Delivery Division of the SYSTEM if the FACILITIES INVESTMENT COST to the SYSTEM will exceed 2.5 times the estimated additional annual revenue resulting from providing the service.
          

      Estimates of revenue shall be based upon calculations or upon averages of historical records of similar types of service.

       

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8. UNDERGROUND AND RELOCATION POLICY

   It shall be the policy of the SYSTEM to actively encourage the installation of its electric facilities underground. Major new construction of primary and secondary systems will be installed underground if determined to be feasible by the Energy Delivery Division.
    

   1. Arterial Street Widenings

      The SYSTEM will install the distribution circuit underground if the existing pole line must be removed or if the poles will be less than a reasonable distance from the back of the curb after the arterial is widened. The Energy Delivery Division will be responsible for determining a reasonable distance from the back of the curb.
       

   2. New Primary Distribution Systems

      The SYSTEM, when determined by the Energy Delivery Division to be feasible, will install all new feeders underground where there is not an existing pole line. If there is an existing pole line, the Energy Delivery Division will be responsible for determining the feasibility of installing the feeder underground, using a base factor such that the cost of underground is not more than 2 times the cost of installing the feeder overhead.
       

   3. Underground Service in New Residential Areas (Single-Family Dwellings, Townhouses, Duplexes with a Meter Center and Mobile Homes)

      The SYSTEM will own, install, operate, and maintain an adequate underground distribution system including the SERVICE WIRES to the METER socket on the outside of the house or structure.
       

      1. In subdivisions the CUSTOMER or developer will contribute an AID-TO-CONSTRUCTION of $472.00 per lot for lots with rear lot lines 100 feet in width or less and $4.72 per rear lot foot for lots with rear lot lines greater than 100 feet in width. The AID-TO-CONSTRUCTION under this subsection shall not exceed $944.00 per lot.
          

      2. In mobile home parks the CUSTOMER or developer will contribute an AID-TO-CONSTRUCTION of $50.00 per lot for an adequate underground distribution system and will also own, install and maintain the meter pedestal.
          

      3. In either (a) or (b) above, 100 percent AID-TO-CONSTRUCTION payment (or a 20 percent payment of the AID-TO-CONSTRUCTION cost and an acceptable payment bond or escrow account for the 80 percent balance) will be required 30 calendar days before the beginning date of the SYSTEM’s construction. The remaining 80 percent will be due, if applicable, upon completion of the project, project phase, or that portion of the project or project phase completed to date and is delinquent if not paid in 10 calendar days following billing by the SYSTEM.
          

      4. New residential developments shall be coordinated with LES to minimize the permanent electric facilities required to serve the development. The CUSTOMER or developer will contribute an AID-TO-CONSTRUCTION for any temporary facilities and any facilities in excess of what would otherwise be minimally required to serve the development.
          

      5. When the CUSTOMER or developer requests construction which exceeds the scope of the LES Underground Electric Distribution System Installation Agreement, the CUSTOMER or developer will contribute an AID-TO-CONSTRUCTION.
          

      6. In either (d) or (e) above, the AID-TO-CONSTRUCTION is a non-recoverable charge, payable in advance of any construction and equal to the estimated cost of non-reusable material plus 10 percent of the cost of reusable material, storeroom cost, labor, labor overhead, truck expense, subsistence, engineering and supervision necessary to construct and remove the temporary facilities.
          

   4. Conversion of Existing Overhead Facilities to Underground and Relocation of Existing Overhead and Underground Facilities

      Public and private groups or individuals requesting existing overhead facilities to be installed underground or requesting the relocation of existing overhead or underground facilities will be required to pay the AID-TO-CONSTRUCTION cost of doing this work. The Energy Delivery Division will be responsible for determining the AID-TO-CONSTRUCTION cost and feasibility of such conversions or relocations.
       

   5. Underground Service in Existing Residential Areas for New Construction (Single-Family Dwellings, Townhouses, and Duplexes with a Meter Center)

      The SYSTEM will own, install, operate and maintain the underground SERVICE WIRES to the CUSTOMER owned meter socket wherever direct burial access is feasible. The SYSTEM will be responsible for determining the feasibility of the installation.
       

   6. Underground Service to Newly Constructed Multi-Family Dwellings, Condominiums, and Commercial Buildings (Excluding Duplexes with a Meter Center)
       

      1. The SYSTEM will own, install, operate and maintain the primary and secondary conductors to the point of termination of the CUSTOMER’s switchgear, bus duct, or metering point.
          

      2. The CUSTOMER will supply, install and maintain the secondary conduit(s), bus duct and transformer pad or vault, subject to the SYSTEM’s specifications and approval. Service from transformer vaults is not standard and may require an AID-TO-CONSTRUCTION. In cases where the SYSTEM does not require a transformer pad or vault, the CUSTOMER will supply and install the secondary conduit(s) to a point designated by and subject to the SYSTEM’s specifications and approval.
          

   7. Grade Changes and Erosion

      The PROPERTY OWNER shall be liable to the SYSTEM for all costs incurred in the relocation and repair of SYSTEM overhead and underground facilities necessitated by grade changes and erosion on the property.

       

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9. INSTALLATION OF SERVICE WIRES AND POINT OF SERVICE CONNECTION

   The route of the service, the location of the service connection and metering equipment shall be determined by the SYSTEM in coordination with the CUSTOMER. Any wiring installed without first determining the location of the service connection and/or METERs will have to be brought into conformance upon notification by the SYSTEM.

    

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10. INSTALLATION AND EQUIPMENT
     

    1. Service Entrance

       Prior to connection with the SYSTEM’s equipment, the CUSTOMER’s wiring and other electrical equipment must conform to all requirements of the City of Lincoln’s Municipal Code or such other requirements of the applicable governmental authorities. It is the CUSTOMER’s responsibility to obtain from the SYSTEM the maximum fault current available at the point of connection for use in design of the CUSTOMER’s protection equipment. It is the CUSTOMER’s responsibility to provide and maintain unobstructed access to the METER. The SYSTEM may, at its option, install Off-Site Meter Reading (OMR) equipment on services with difficult access and charge the CUSTOMER the OMR charges. The SYSTEM retains the right to access the meter for maintenance and control purposes.
       
       The point of service attachment of the overhead SERVICE WIRES on a building shall be of sufficient height to provide the required clearances listed in the latest edition of the National Electrical Safety Code. It shall be the responsibility of the CUSTOMER to maintain proper clearances between the overhead SERVICE WIRES and tree growth or other obstructions. A service mast or other approved structure to terminate service conductors or reinforcement of the building for adequate anchorage shall be provided and installed by the CUSTOMER or their contractor. All instrument transformer enclosures, meter enclosures, meter sockets and conduits or raceways for meter wiring shall be furnished and installed by the CUSTOMER and shall be of a type approved by the SYSTEM.
        

    2. Multiple Service

       The SYSTEM will not totalize metering of separate services. Where the SYSTEM contracts to provide multiple services or multiple voltages for the mutual benefit of the SYSTEM and the CUSTOMER, metering and billing shall be either by separate accounts at secondary voltage or consolidated at primary voltage. If the CUSTOMER chooses to take the service through primary metering, then the CUSTOMER will own all equipment, including transformers on the load side of the primary METER.
        

    3. Purchase of SYSTEM-Owned Equipment

       The CUSTOMER may, at his option, purchase the equipment on the load side of a primary METER if the CUSTOMER chooses to take the service through primary metering. A lump sum payment for the remaining value of the equipment, or a lease/purchase agreement of monthly payments not to exceed 60 payments, including an annual carrying charge, will be made to the SYSTEM. The SYSTEM will furnish metering equipment required to measure the service supplied, and will keep said equipment accurate within reasonable limits. The CUSTOMER shall furnish, without cost to the SYSTEM, adequate space in a suitable location for the SYSTEM’s metering equipment.

        

    4. Electronic Data Acquisition from Billing METERS

       The SYSTEM will provide at the CUSTOMER’s request energy data pulses from SYSTEM owned revenue METERs equipped with pulse initiators via an isolation relay. The CUSTOMER will be responsible for all costs incurred by the SYSTEM to purchase and install any equipment necessary, and the SYSTEM will own, operate and maintain such devices. The SYSTEM assumes no liability for any CUSTOMER losses and damages resulting from subsequent failure of this equipment or the operation thereof.

        

    5. Fire Alarms and Exit Lights

       All fire alarm systems, fire water pumps and exit lights must be metered even if the CUSTOMER must install a meter socket exclusively for these circuits. The installation must conform with all applicable code requirements.
        

    6. Pole Attachments and Joint Trench Occupancy

       The SYSTEM will not allow CUSTOMER-owned equipment on SYSTEM facilities or in SYSTEM-provided trenches. However, the SYSTEM will allow joint pole attachments and joint trench occupancy with other utilities and certain entities which have the right to occupy public rights-of-way. Joint use agreements will be executed when necessary.
        

    7. Notification of Load Increase

       The CUSTOMER shall be responsible for notifying the SYSTEM’s Energy Delivery Division of expected load increases that are more than 20 percent of the highest kW demand recorded for that service in the previous 12 BILLING PERIODS. Upon receiving such notice, the SYSTEM will inform the CUSTOMER of what lead time is necessary, if any, to provide adequate equipment to service the new load level. The CUSTOMER shall be held responsible for all damages to SYSTEM owned and/or privately owned property and/or any injuries that are the result of a CUSTOMER’s service having been loaded above its designed limit.
        

    8. Protection of CUSTOMER Equipment

       The CUSTOMER shall be responsible for providing any devices necessary to protect the CUSTOMER’s equipment from loss or damage due to disturbances as set forth in Paragraph O of these Service Regulations.

        

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11. SYSTEM DISTURBANCES

    In cases where the SYSTEM determines the operation of the CUSTOMER’s equipment has or will result in excessive system disturbances or costs to the SYSTEM not otherwise recovered through established rates, the SYSTEM will require the CUSTOMER to take corrective action, as approved by the SYSTEM, to resolve the disturbances or pay the costs incurred by the SYSTEM as a result of the system disturbance.

     

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12. CUSTOMER OPERATION OF GENERATING EQUIPMENT
     

    1. Policy and Guidelines

       Information regarding and copies of the SYSTEM’s “POLICY AND GUIDELINES FOR CUSTOMER-OWNED GENERATION” can be obtained from the Consumer Services Division. A CUSTOMER who operates electric generating equipment shall only be allowed to parallel such equipment with the SERVICE WIRES upon meeting the requirements of the SYSTEM’s policy and guidelines for COGENERATION AND SMALL POWER PRODUCTION. The Guidelines comply with and refer to Public Utility Regulatory Policy Act (PURPA - PL 95-617) Sections 201 and 210. They provide that only those generating facilities that meet the Federal Energy Regulatory Commission (FERC) criteria for qualifying status (see Paragraph L-2 below) will be considered for parallel operation. Such qualifying facilities must meet all provisions of the SYSTEM Policy and Guidelines and the CUSTOMER shall make no connections to the SYSTEM without specific inspection and approval by the SYSTEM and shall enter into a Parallel Operation, Power Sale and Interconnection Agreement with the SYSTEM. Any unapproved installations shall be grounds for immediate disconnection of SYSTEM’s service. Non-qualifying generating facilities will be allowed only as outlined in Paragraph L-3 below, CUSTOMER-Owned Non-Qualifying Generation.
        

    2. Cogeneration and Small Power Production Facilities - (Qualifying)

       Pursuant to the LES Administrative Board’s determination regarding PURPA (PL 95-617) Section 210, the SYSTEM has adopted the aforementioned Guidelines which pertain to the interconnection with, and the purchase and sale of, energy and power to qualifying facilities. The requirements for qualifying status under the SYSTEM Policy are the same as those outlined by the FERC rules, Cogeneration and Small Power Production facilities-qualifying status as found in Subpart B, Part 292, Subchapter K, Chapter I, Title 18, Code of Federal Regulations.
       
       Small Power Production is generally defined as a facility that 1) produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, or any combination thereof, and 2) has a power production capacity which, together with any other facilities located at the same site is not greater than 80 megawatts. Small Power Production facilities must satisfy the FERC size and fuel requirements described in Section 292.204 (a) and (b), the owner requirements of Section 292.206, and other applicable requirements outlined in the FERC rules and regulations.
       
       Cogeneration is generally defined as a facility which produces electric energy and forms of useful thermal energy (such as heat or steam) which are used for industrial, commercial, heating or cooling purposes through the sequential use of energy. Cogeneration facilities must satisfy the FERC requirement for ownership described in Section 292.206, and the operating and efficiency standards described in Section 292.205 (a) and (b), and other applicable requirements outlined in the FERC rules and regulations.
        

    3. CUSTOMER-Owned Non-Qualifying Generation (e.g., standby and emergency)

       If the CUSTOMER does not meet the above criteria and has or wishes to install generation capacity for supplying needs during an LES service interruption, then an approved transfer switch shall be installed in the CUSTOMER’s wiring as specified in the Policy Statement and Guidelines Regarding Non-Qualifying Generation (e.g., standby and emergency). The transfer switch shall be capable of disconnecting the load from wiring connection to the SERVICE WIRES and transferring the load to the non-qualifying generator. The transfer switch shall break the circuit with the SERVICE WIRES before making the circuit with the CUSTOMER’s generation or be an LES approved closed-transition switch. The CUSTOMER must prepare and submit to LES an “Application for Electric Service” form. Installations will not be connected without SYSTEM approval.

        

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13. BILLING RESPONSIBILITY AND SERVICE CONNECTIONS
     

    1. Orders for Connections

       The SYSTEM requires each connected electrical service to be in the name of the CUSTOMER who is responsible for charges relating to the rendering of electric service to a POINT OF DELIVERY. The SYSTEM will accept orders for connection and/or to change the name of the responsible party for billing with verbal or written notice from the financially responsible party or their representative. A new account service fee of $25.00 is applicable to every new account, move, transfer, etc., upon the request for service initiation. Accounts managed under a Landlord’s Agreement are excluded from the new account service fee. The SYSTEM will impose to the PROPERTY OWNER, when a reconnection of electric service or load control equipment at an address is made, a $40.00 minimum charge to be paid in the LES business offices during the SYSTEM’s business hours or $75.00 after business hours. The reinstatement of a load control credit shall be treated in the same manner as a reconnection. In the case of current transformer metering installations or if a conductor reconnection is required, a charge to cover the actual labor, material and equipment expenses required for performing the disconnection and reconnection will be assessed. Termination of service, or any part thereof, by the CUSTOMER followed by reconnection of service at the same address by the same CUSTOMER within a period of 12 months from the date of disconnection will not suspend or eliminate the minimum bill charges specified in the rate schedule under which the CUSTOMER is taking service which would have been in effect during the BILLING PERIODS of the termination of service.
        

    2. Tenant/PROPERTY OWNER Provisions

       Upon termination of service to a tenant, the SYSTEM will place the account in the name of the PROPERTY OWNER. Provided that the PROPERTY OWNER agrees in writing to indemnify SYSTEM against any claims asserted by a tenant in possession, if the PROPERTY OWNER advises the SYSTEM in writing that the property has been vacated by the tenant and that the PROPERTY OWNER will not be responsible for electric service while the unit is not occupied the service will be disconnected. The PROPERTY OWNER will not be responsible for any amount owed to the SYSTEM for electric service furnished the tenant during the tenant’s occupancy. In subdivided situations that are not separately metered as required in Paragraph E, the PROPERTY OWNER shall be the financially responsible party for the electric service furnished to the tenants therein.
        

    3. Security Deposit, Bad Checks and Mislabeled METERS

       A CUSTOMER may be required to make a security deposit to guarantee payment of the account (LES policy 11 and procedure 155). A $30.00 charge shall be assessed to the CUSTOMER for all checks needed to be returned for insufficient funds or no account checks. The SYSTEM shall not be responsible for erroneous billing resulting from mislabeled METERs, or other problems resulting thereof, when the mislabeling of the meter socket to its appropriate load lies at fault with the electrician or any other party not under the direct supervision of the SYSTEM.
        

    4. Billing Demand Responsibility

       A new CUSTOMER taking service from an account with an existing demand history will not be responsible for the billing demands of the previous CUSTOMER. If the new CUSTOMER only represents a name change for the existing PROPERTY OWNER, they will be responsible for the billing demand established by the previous CUSTOMER unless waived by the Vice President of Consumer Services.
        

    5. Forms of Payment

       Payment of electric bills must be made in U.S. currency. A late payment fee of 3.0 percent of the past due amount will be applied to all accounts not paid by the due date. The late payment fee will be applied on or after the first business day past the due date. A reread fee of $20.00 will be charged for LES to return to CUSTOMER’S service location more than once monthly to reread the meter, either by CUSTOMER request or due to restricted meter access. The reread charge applies when the original reading was not in error.

        

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14. DISCONNECTION OF SERVICE
     

    1. At the PROPERTY OWNER’s Request

       The SYSTEM will remove or physically disconnect a service only after written notice has been received from the CUSTOMER, provided the CUSTOMER is the PROPERTY OWNER.
        

    2. By the SYSTEM without Notice

       Service may be refused or disconnected by the SYSTEM for any of the following reasons:
        

       1. Without notice in the event of a condition determined by the SYSTEM to be hazardous.
           

       2. Without notice in the event of CUSTOMER use of equipment in such a manner as to adversely affect the SYSTEM’s equipment or the SYSTEM’s service to others.
           

       3. Without notice in the event of tampering with the equipment furnished and owned by the SYSTEM.
           

       4. Without notice in the event of energy theft or any unauthorized use.
           

    3. By the SYSTEM with Appropriate Notice

       Subject to provision of the termination of electric service policy as established by the Administrative Board (currently Policy No. 11):
        

       1. For violation or noncompliance with the SYSTEM’s Service Regulations, except those listed in Paragraph N-2 above.
           

       2. For failure of the CUSTOMER to provide and maintain to the SYSTEM unobstructed access to its equipment.
           

       3. For nonpayment of any account, provided the SYSTEM has made a reasonable attempt to effect collection and has given the CUSTOMER prior written notice to make settlement on the account(s) or have service disconnected. Disconnection will be made at a service location for all electric service notwithstanding the fact that a CUSTOMER may have more than one account for service at such location. The fee for field collection of payment is $20.00, applicable to all delinquent accounts which LES collects payment in the field to void termination of service for non-payment. If disconnected, the SYSTEM will impose a minimum $40.00 reconnection charge. If payment is received outside the SYSTEM’s business office there will be a minimum $75.00 charge. In the case of current transformer metering installations or if a conductor reconnection is required, the SYSTEM may charge the cost of actual labor, material and equipment requirements for performing the disconnection and reconnection.
           

       4. For failure or refusal by the CUSTOMER to provide a requested deposit, in accordance with policy 11 and procedure 155.
           

       5. For failure to furnish, or withdrawal by the CUSTOMER of such permits or right-of-way as shall have been specified by the SYSTEM for rendering service.
           

       6. In the event the CUSTOMER files a petition of bankruptcy and no arrangements prior to the filing of the petition have been made with the SYSTEM with respect to the payment of future electric bills.
           

       7. If metered service is dormant for 12 consecutive BILLING PERIODS or more, the METER and SERVICE WIRES may be removed. For a service reconnection see Paragraph C.

        

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15. SYSTEM SERVICE RESPONSIBILITIES

    The SYSTEM will endeavor to supply, but does not guarantee, uninterrupted service of a generally accepted standard. The SYSTEM does not guarantee uninterrupted service for dual primary service. The SYSTEM shall not be responsible for any loss or damages caused by (1) the negligence of the SYSTEM’s employees, servants or agents, resulting in the change of phase rotation, discontinuity of three-phase current, wave form, or for any other disturbances in service, or (2) any interruption of service for repairs, alterations, want of reasonable and economic supply, or (3) any disconnection initiated by the SYSTEM as set forth in Paragraphs N-2 and N-3 of these regulations, or (4) failure due to an Act of God, fire, strike, riot, flood, lightning, storm, civil disturbance, war, or action of public authority. The protection of customer equipment is the customer’s responsibility as set forth in Paragraph J-8 of these regulations.

     

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16. BURIED CABLE LOCATIONS

    Nebraska Statutes (One-Call Notification System Act) require any person who excavates to first notify the State One-Call Notification Center at least two business days, but not more than 10 days, before they start to excavate. The Center notifies each underground facility member/owner (including LES) to either mark its facilities, issue a clearance that no facilities are nearby, or offer to meet jointly with the excavator to discuss the request. There are civil penalties, fines, and strict liability repair assessments for failure to call before excavating.
    
    The State One-Call Center and LES have information available regarding the request process.

     

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ADDENDUM TO SERVICE REGULATIONS
Summary of LES Service Fees

Below is a listing of service fees set forth in these Service Regulations with a reference to the paragraph(s) in which the fee is described: