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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Power & Light are hereby amended and those provisions of said ordinances in conflict w-ith this ordinance are hereby repealed.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; - 2 - (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 - 3 - 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. - 4 - (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 - 2 - 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 .... * .............. i5econded .. ... ... .. ................ ...... ............... ....... ........................ tProof of Publication I I3econdec; — ............... ......... — ......... ...... Move to 2nd read. .... ...... ......... ....................... ................... Seconded 'Lngrossment i3econded ............ ...... .............................. ......... .;usp. rules, 3rd read. c !iitle only ......... —1--.1-1 .... iSeconded I .... I ..... —1 1... ..................... ...... ........ ..... .... j!MENDED ................... Seconded ........... ........................ ............................................. TABLED ronddaj .......... ......... ASSAGE ..............np. .............. ........... ....... WILL IAM5 BROOKBANX kAWINSON WHITLSELL PARKER BODIKER LEMOINE MCRR15 ELSTRO t,,ATE: :-'Ljs�end Ru I �s !Title only .................... Seconded ......... ........................ .................. ................... ITABLED i ........................... ......... ........................ Seconded . .......... ........ Movedfor Adoption ............ Seconded . ...... .. ......... . ..... ......... ...... I .. ........