HomeMy Public PortalAbout039-1984 - ORDINANCE AMENDING THE RULES AND REGULATIONS WITH REGARD TO SERVICE FOR THE RICHMOND POWER AND LIGHT AND MATTERS RELATED THERETOCITY OF RICHMOND, INDIANA
COMMON COUNCIL
ORDINANCE NO. 39-,1984
An Ordinance Amending The Rules And Regulations
With Regard To Service For The Richmond Power &
Light And Matters Related Thereto.
WHEREAS, Th.e City of Ri'chmond is the owner and operator of a
municipal electric utility system engaged in rendering utility ser-
vice within its designated service area to residential, commercial,
industrial and governmental customers under the style of Richmond
Power & Light (R P & L); and
WHEREAS, R P & L is managed by and under the control of this
Council pursuant to the provisions of IC 8-1.5-3; and
WHEREAS, it has been brought to the attention of Council that
the Indiana Legislature adopted certain statutory provisions pro-
viding for termination of service rules, IC 8-1 -2-121 and 122 and that
the Indiana Public Service Commission has, thereafter adopted certain
rules and regulations pertaining thereto which this Council has fully
discussed and deems to be in the public interest and appropriate for
adoption as an amendment to the rules and regulations regarding ser-
vice now in effect for R P & L and it will be so ordained; and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMQN COUNCIL OF THE CITY
OF RICHMOND AS FOLLOWS:
Section 1. That disconnection of service rules as set forth
in Appendix A, a copy of which is attached hereto and made a part
hereof, are hereby adopted as an amendment to the existing rules and
regulations regarding service for th.e us.e of Richmond Power & Light.
Section 2. That customer complaint procedure as set forth in
Appendix B, a copy of which is attached hereto and made a part here-
of, is hereby adopted as an amendment to the existing rules and regu-
lations regarding service for the use of Richmond Power & Light.
Section 3. That the General Manager of R P & L is hereby directed
to implement the provisions of this ordinance immediately upon its
adoption for and on behal"f of Richmond Power & Light.
Section 4. Th.at all ordinances including but not limited to
those ordinances that have heretofore adopted the rules and regulations
for service for Richmond Power & Light are hereby amended and those
provisions of said ordinances in conflict w-ith this ordinance are
hereby repealed.
Section 5. That this ordinance shall be in full force and effect
from and after its passage and execution.
Passed and adopted by the Common Council of the City of Richmond
on the tz —day of� 22 19.84.
r r
Pre i de V
of common Council
ATTEST:
PRESENTED by me to th-e Mayor of the City of Richmond on the
day of �77a ,. 1984 at the hour of o'clock
P.M. (EST).
City C1 rk
APPROVED by Mayor of the City or Richmond,
Indiana on the Yd day of 1984, at the hour ofT
o'clock P.M. (EST).
Mayor
ATTEST:
APPF.NnTX A
(a) The customer shall notify the utility at least three (3)
days in advance of the day disconnection is desired. The customer
shall remain responsible for all service used and the billings there-
for until service is disconnected pursuant to such notice.
Upon request by a customer of a utility to disconnect service,
the utility shall disconnect the service within three (3) working
days of the requested disconnection date. The customer shall not
be liable for any service rendered to such address or location after
the expiration of three (3) such days.
(b) A utility may disconnect service without request by the
customer of the service and without prior notice only:
(1) if a condition dangerous or hazardous to life,
physical safety or property exists; or
(2) upon order by any court, the commission or other
duly authorized public authority; or
(3) if fraudulent or unauthorized use of electricity
is detected and the utility has reasonable grounds
to believe the affected customer is responsible for
such use; or
(4) if the utility's regulating or measuring equipment
has been tampered with and the utility has reasonable
grounds to believe that the affected customer is
responsible for such tampering.
In all other instances a utility, upon providing the customer
with proper notice (as defined in subsection (e) of this section)
may disconnect service subject to the other provisions of this rules.
(c) Except as otherwise provided in subsections (a) and (b)
of this section a utility shall postpone the disconnection of service
for ten (10) days if, prior to the disconnect date specified in the
disconnect notice, the customer provides the utility with a medical
statement from a licensed physician or public health official which
states that disconnection would be a serious and immediate threat
to the health or safety of a designated person in the household of
the customer. The postponement of disconnection shall be continued
for one additional ten (10) day period upon the provision of an
additional such medical statement.
A utility may not disconnect services to the customer:
(1) upon his failure to pay for merchandise or
appliances;
(2) upon his failure to pay for the service rendered
at a different metering point, residence, or location
if such bill has remained unpaid for less than forty-
five (45) days;
(3) upon his failure to pay for services to a previous
occupant of premises to be served;
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(4) upon his failure to pay for a different form or class
of utility service; or
(5) if the customer or user shows cause for his inability
to pay the full amount due (financial hardship shall
constitute cause), and said customer:
(A) pays a reasonable portion (not to exceed $10
or one tenth (1/10) of the bill whichever is
less unless the customer agrees to a greater
portion) of the bill; and
(B) agrees to pay the remainder of the outstanding
bill within three (3) months; and
(C) agrees to pay all undisputed future bills for
service as they become due; and
(D) has not breached any similar agreement with the
utility made pursuant to this section within
the past twelve (12) months.
Provided, however, that the utility may add to the
outstanding bill a late payment charge not to exceed
the amount set pursuant to 170 IAC 4-1-13(B). Provided
further, that the above terms of agreement shall be
put in writing by the utility and signed by the customer
and by a representative of the utility.
(6) If a customer or user is unable to pay a bill, which
is unusually large due to a prior incorrect reading
of the meter, incorrect application of the rate schedule,
incorrect connection or functioning of the meter,
prior estimates where no actual reading was taken
for over two (2) months, stopped or slow meters, or
any human or mechanical error of the utility, and
the customer:
(A) pays a reasonable portion of the bill, not to
exceed an amount equal to the customer's average
bill for the six (6) bills immediately preceding
the bill in question;
(B) agrees to pay the remainder at a reasonable rate;
and
(C) agrees to pay all undisputed future bills for
service as they become due;
Provideed, however, that the utility may not add to
the outstanding bill any late fee. Provided, further
that the above terms of agreement shall be put in
writing by the utility and signed by the customer
and a representative of the utility.
If a customer proceeds with a review pursuant to 170IAC4-
1-17(B), the utility may disconnect only as provided in 170IAC4-
1-17 (C) .
(d) No utility may disconnect service unless it is done between
the hours of 8:00 A.M. and 3:00 P.M., prevailing local time. Discon-
nections pursuant to subsections (a) and (b) of this section are
not subject to this limitation.
a
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A utility may not disconnect service for nonpayment on any day,
or beyond twelve noon (12:00 noon) of the day immediately preceding
any day, on which the utility office is not open to the public.
(e) Except as otherwise provided herein, electric service to
any residential customer shall not be disconnected for a violation
of any rule or regulation of a utility or for the non-payment of
a bill except after fourteen (14) days prior written notice to such
customer by either;
(1) mailing the notice to such residential customer at
the address shown on the records of the public utility;
or,
(2) personal delivery of the notice to the residential
customer or a reponsible member of his household at
the address shown on the records of the utility;
(3) no disconnect notice for non-payment may be rendered
prior to the date on which the account becomes delinquent.
The notice must be in language which is clear concise, and easily
understandable to a layman and shall state in separately numbered
large types or printed paragraphs:
(1) the date of proposed disconnection;
(2) the specific factual basis and reason for the proposed
disconnection;
(3) the telephone number of the utility office which
the customer may call during regular business hours
in order to question the proposed disconnection or
seek information concerning his rights;
(f) Immediately preceding the actual disconnection of service,
the employee of the utility designated to perform such function shall
make a reasonable attempt to identify himself to the customer or
any other responsible person then upon the premises and shall announce
the purpose of his presence and shall make a record thereof to be
maintained for at least thirty (30) days.
The employee shall have in his possession information sufficient
to enable him to inform the customer or other responsible person
the reason for disconnection, including the amount of any delinquent
bill of the customer, and shall request the customer for any available
verification that the outstanding bill has been satisfied or is currently
in dispute pursuant to review. Upon the presentation of such credible
evidence, service shall not be disconnected.
The employee shall not be required to accept payment from the
customer, user, or other responsible person in order to prevent the
service from being disconnected. The utility shall notify its customers
of its policy with regard to the acceptance or non -acceptance of
payment from such employee, and shall uniformly follow such policy
without discrimination.
When the employee has disconnected the service, the employee
shall give to a responsible person at the user's premises or, if
no one is at home, shall leave at a conspicuous place on the premises,
a notice stating that service has been disconnected and stating the
address and telephone number of the utility where the user may arrange
to have service reconnected.
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(g) A utility may charge a reasonable reconnection charge,
not to exceed the charge approved by the commission in the utility's
filed tariffs. A utility shall inform its customers of such reconnection
fee.
If the utility disconnects service in violation of this rule,
the service shall immediately be restored at no charge to the customer.
The utility must reconnect the service to the customer or user
as soon as reasonably possible but at least within one (1) working
day after it is requested to do so if the customer has satisfied
the requirements of this
(a) "Commission" means the public service commission of Indiana.
(b) "Customer" means for the purposes of this rule (170IAC4-
a person who has agreed to pay for electric services exclusively
for residential purposes.
(c) "Disconnect" means the termination or discontinuance of
electric services.
(a) Without customer request, a utility may not, during the
period from December 1 through March 15, disconnect electric residential
service to any customer who either is receiving or who is eligible
for and has applied for assistance under IC 4-27-5.
(b) During the period from December 1 through March 15, a utility
may not disconnect service to such customers if:
(1) The customers' eligibility to receive benefits pursuant
to IC 4-27-5 is being determined by the department
on aging and community services or its designee after
the submission of a complete application for benefits
by the customer.
(2) The customer has furnished to the utility proof of
his application to receive such benefits or the utility
has been so notified in writing by the department
of aging and community services or its authorized
representatives.
(c) This rule does not prohibit a utility from terminating
residential electric service upon the request of a customer or under
the following circumstances:
(1) if a condition dangerous or hazardous to life, physical
safety, or property exists.
(2) Upon order by any court, the commission, or other
duly authorized public authority.
(3) If fraudulent or unauthorized use of electricity
is 'detected, and the utility has reasonable grounds
to believe the affected customer is responsible for
such use.
(4) If the utility's regulating or measuring equipment
has been tampered with and the utility has reasonable
grounds to believe that the affected customer is respon-
sible for such tampering.
APPPNTITY R
Complaints and Review. (A) Complaint Procedure. (1) A customer
may complain at any time to a utility about any bill which is not
delinquent at that time, security deposit, disconnection notice,
or any other matter relating to its service and may request a
conference thereon. Such complaints may be made in person, in
writing, or by completing a form available from either the Commission
or from the utility at its business offices. A complaint shall be
considered filed upon receipt by the utility, except mailed complaints
shall be considered filed as of the postmarked date. In making a
complaint and/or request for conference, the customer shall state
at a minimum, his name, service address, and the general nature of
his complaint.
(2) Upon receiving each such complaint or request for conference,
the utility:
(a) shall promptly, thoroughly and completely investigate
such complaint, confer with the customer when requested
and notify, in writing, the customer of the results
of its proposed disposition of the complaint after
having made a good faith attempt to resolve the
complaint.
(B) Review. (1) If the customer is dissatisfied with the
utility's proposed disposition of the complaint as provided in
subsection (A)(2) of this section, he may request the City Council
in writing within seven (7) days following the date in which such
notification is mailed, to informally review the disputed issue and
the utility's proposed disposition thereof. Such request shall
certify that the customer has also sent a copy of his request for
review to the utility involved. Upon receiving such request, the
Council shall provide an informal review within twenty-one (21) days.
The review shall consist of not less than a prompt and thorough
investigation of the dispute and shall result in a written decision
to be mailed to the customer and the utility within thirty (30) days
after its receipt of the customer's request. Upon request by either
party or the Council, the parties shall be required to meet and
confer to the extent and at such place as the Council may consider
to be appropriate.
(2) The records of the Council relating to such reviews shall
be kept in a systematic order.
(C) Continuation of Service Pending Disposition of Complaint.
(1) If the customer is receiving service at the time the complaint
and/or request for conference provided for in subsection (A)(1) of
this section above is received by the utility, his service shall
not be disconnected until ten (10) days have elapsed from the date
of mailing of the notification of the utility's proposed disposition
of his complaint. Provided, however, that if a review by the Council
of the utility's proposed disposition of the complaint is requested
by the customer as provided by subsection (B)(1) of this section
within seven (7) days after the mailing of such proposed disposition
of the complaint, the utility shall not disconnect the customer's
service until at least three (3) days have elapsed from the date
of mailing of the Council's decision upon and pursuant to such review
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has paid and continues to pay all undisputed bills, portions of disputed
bills as specified in subsection (C)(2) of this section below, and
pays all future undisputed bills prior to their becoming delinquent.
(2) In those instances when the customer and utility cannot
agree as to what portion of a bill is undisputed, it shall be sufficient
that the customer pay on the disputed bill an amount equal to his
average bill for the six (6) bills, in which event the customer shall
pay an amount equal to the average (arithmetical mean) of such bills
as have been received.
(D) Record of Complaints. Each utility shall keep a written
record of complaints and requests for conferences pursuant to this
section. Such records shall be retained at the office or branch
office of the utility or in the respective department office thereof
where such complaints were received and/or any conferences were sub-
sequently held. Such written records are to be readily available
upon request by the concerned customer, his agent possessing written
authorization, or the Commission.
,.WCTI0N 7. The Fact -Finding Pane`l.'shall be selected within five M days from
/the expiration of the sixty (60) day period referred to in Section 6 hereof,
the baryd Kiny dge, a"d tilt_ (.n-p;,cato anti"arlyiCS Shalt cc„ selcc e �' "t and Hume
two (2) Fac M inder's and shall immediately thereafter notify each other in
writin0 of the name and oddre;;s;cs of the persons so selected. The four (4)
fact -finder's SO selected and named, shall, within five (5) days from and
after the expiration of the five (5) day period hereinbefore mentioned,. agree
upon and select and name a fifth fact -finder. This person shall serve as chair-
1 1-1 of the fact-finding panel.
SECTION B.' The Fact -Finding Panel, shall, acting through its chairman, call a
hearing Within five (5) days after the date of the appointment of the chairman,
,and shall, through its cho man, give at least: seven (7) days notice in writing
to each of the other- four (t) fact -finders, the bargaining agent and thecorporat
�r11;hor-iLies of the time and place of such hearing. The hearing shall be informa
and the rules of evidence prevailing in Judicial proceedings shall not be bind-
ing. Any and all clocumem ary evidence and other data deemed relevant by the fac
finder's may be received in evidence. The fact-finding panel shall have access
to all books, records and other- evidence relative or pertinent to the issues
Presented to them for the purpose of determining the facts and the submitting
Of'- recommendations.
The hearing conducted by the Fact -Finding Panel shall be concluded':within'ten
(10) days of the time of commencement, and within five (5) daysmafter .'the ;:
conclue,ion of the hearings, the panel shall make written findings and a written.,
/'ECTION 9.W The corporate authorities .shall within five (5) days after the reo
✓ c! 'ho Formol report of the Fact -Finding Panel, establish final negotiation-
s with the bargaining agentfor a final effort to resolve the issues.
F,i(Ls, evidence, and recommendations of theFact-Finding Panel shall be conside
as 1hp basis of these negotiations but in no sense are these considerations
binding on either party in the dispute.
SECTION 10. The Fact -Finding panel shall conduct the hearing and render their
decisions upon the basis of a prompt, peaceful and just settlement of wage or
hour disputes between the bargaining agent and the corporate authorities. The
factors among others to be given weight by the Fact -Finding Panel shall includ,
but: not be limited Lc:
A. Interest and welfare of the general public and taxpayers.
B. Comparison of wages, rates or hourly conditions of public
employment with prevai 1 in j wage rates or.,- hourly conditions
in private industry and commerce fur similar positionsand
skill levels, tugeLher with all such other benefits as
pensions, insurance, etc.
C. Comparison of peculiarities of employment in regard to other
grades or professions, specifically:
(i) Hazards of employment.
(ii) Physical qualifications.
(iii) Educational qualifications.
(iv) Mental qudli,fications.
(v) Job taining'and skills.
SECTION 11. All matters which have been 'agreed upon by the parties; excepting
budgetary items which must be passed by ordinance of the Common'Council shall
be reduced to writing and shall be effective for the period agreed upon by the
tr:�
COMMON COUNCIL VOTING RECORD
ORDINANCE;
GATE:
WILLIAMS
BROOKBANK
HANKINSON
WHITESELL
PARKER
BODIKER
LEMOINE
MORRIS
ELSTRO
,Sus,:rules, Isl real.
Title only
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tProof of Publication
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I3econdec; — ...............
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Move to 2nd read.
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Seconded
'Lngrossment
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.;usp. rules, 3rd read.
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!iitle only
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iSeconded
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j!MENDED
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Seconded
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TABLED
ronddaj
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ASSAGE
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WILL IAM5
BROOKBANX
kAWINSON
WHITLSELL
PARKER
BODIKER
LEMOINE
MCRR15
ELSTRO
t,,ATE:
:-'Ljs�end Ru I �s
!Title only
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Seconded
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ITABLED
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Seconded
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Movedfor Adoption
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Seconded
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