Agenda packet, regular meeting — Moreno Valley City Council, May 16, 2023 (part 5 of 11)

Localities:

All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.

Wages and Employer Payments:

Classification
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holidaya
Training Other Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rateb
(1 ½ X)
Saturday
Overtime
Hourly
Rateb
(1 ½ X)
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Landscape/Irrigation Tenderc $20.15 $3.40 $2.19 $1.18 $0.00 $0.00 8.0 $26.92 $36.995 $36.995 $47.07 Recognized holidays:

Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Travel and/or subsistence payment:

In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774. # Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a Includes an amount per hour worked for Supplemental Dues. b Rate applies to first 4 daily overtime hours and the first 12 hours on Saturday. All other time is paid at the Sunday and Holiday double-time rate.
c The first employee on the jobsite shall be a Landscape/Irrigation Laborer; the second employee on the jobsite must be an Apprentice or a Landscape/Irrigation Laborer; and the third and fourth employees may be Tenders. The fifth employee on the jobsite shall be a Landscape/Irrigation Laborer; the sixth employee must be an Apprentice or a Landscape/Irrigation Laborer; and the seventh and eight employees may be Tenders. Thereafter, Tenders may be employed with Landscape/Irrigation Laborers in a 50/50 ratio on each jobsite.

However, plant establishment may be performed exclusively by Landscape/Irrigation Tenders without the supervision of a Journeyman.

EXHIBIT C - PAYMENT TERMS - Page 12 of 13
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Recognized holidays:

Travel and/or subsistence payment:

ROUTINE – mowing, watering, pruning, trimming, weeding, spraying, occasional planting and replacement of plants and janitorial work incidental to such landscape maintenance.

COMPLEX – servicing of irrigation and sprinkler systems, repairing of equipment use in such landscape maintenance. b $0.22 after 3 years of service.
c Computation is based on the first years of employment. This rate should be increased by any applicable vacation increase as stated in other footnotes.
d $0.31 after 2 years of service.
e $0.54 after 2 years of service: $0.81 after 3 years of service. f
$0.24 after 3 years of service: $0.37 after 7 years of service. g $0.22 after 4 years of service.
h $0.40 after 3 years of service.
i
$0.29 after 2 years of service.
j
$0.31 after 2 years of service.
k $0.23 after 2 years of service.
l $0.27 after 2 years of service.
m $0.38 after 3 years of service.

EXHIBIT C - PAYMENT TERMS - Page 13 of 13
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EXHIBIT D - TERM OF CONTRACT

TERM OF CONTRACT
A. Following approval by all parties, the Contract will commence on July 1, 2023, and shall expire June 30, 2028, five (5) years thereafter, unless sooner as noted herein.

B. At the expiration of its term, and with the concurrence of all parties, the Contract may be extended for up to three (3) additional periods of thirty (30) days each, subject to all terms and conditions in effect during the current term of the Contract. Written notice of the City’s intent to invoke this subsection of the Contract shall be given to the Contractor at least fifteen (15) days prior to the expiration of the initial term of this Contract, or any extensions thereof.

C. Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by the City Council of the City of Moreno Valley and the City Council acting in the capacity as President and Members of the Board of Directors of the Moreno Valley Community Services District. In the event that the City Council and/or the City Council acting in the capacity as President and Members of the Board of Directors for the Moreno Valley Community Services District does not grant necessary funding appropriations and/or program approvals, the affected multi-year contract becomes null and void effective July 1st of the fiscal year for which such approvals have been denied.

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EXHIBIT E - CONTRACTOR PROPOSAL SUBMITTAL CHECKLIST
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EXHIBIT E - CONTRACTOR PROPOSAL SUBMITTAL CHECKLIST
The following checklist, and associated documentation, must be completed, signed, and included with your submission for the RFP to be considered responsive:

Merchants Landscape Services, Inc.

Company Namo {Ploaoo ptint)
Mark Brower
Aulh0<lzed Signature
(800) 645-4881
Namo of RFP Prepflrnr
[email protected]
Preparer's Phone Number
Preparer's Ema\l Address
SCHEDULE I - GENERAL INFORMATION - fillable forms. Include completed forms with electronic submission
/ Vendor Information
References
, Proposed Facilities, Equipment and Personnel
/ /Communications and Traffic Safety
,Greenwaste Recycling
List of Subcontractors
SCHEDULE 11- PROPOSAL SCHEDULES
/
Frequency of Services Table - Print, sign, and Include with electronic submission Bid Import Schedule - complete schedule from within PlanetBids Work Schedules (Monthly, Annual, and Material)- FIiiabie form. Include completed forms with electronic submission
SCHE[)ULE 111- FORMS - Print, complete, and Include with electronic submission Proposal Affirmation
Non-Collusion Affidavit
Certificate of Non-Discrimination
/ Affirmation of Proposal Guarantee
/ Bidder's Bond - Scan and include with electronic submission, if applicable Faithful Performance Bond - Sample-For Reference Only. Do not include as part of submission.

Labor and Materials Bond - Sample-For Reference Only. Do not include as part of submission.

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EXHIBIT E - CONTRACTOR'S PROPOSAL
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CITY OF MORENO VALLEY
Parks Landscape Maintenance 2023
#2023-005
Due Date: April 7, 2023
Time: 2:00 p.m.

Submitted By:
merchants
Handscape serrvoces, nine.
8748 Industrial Lane
Rancho Cucamonga, CA. 91730
800-645-4881
Fax 909-981-1029
Contact
Patrick Healy
[email protected]

EXHIBIT E - CONTRACTOR'S PROPOSAL
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EXHIBIT E - CONTRACTOR PROPOSAL

SCHEDULE I - GENERAL INFORMATION
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EXHIBIT E - CONTRACTOR PROPOSAL
SCHEDULE IIl -FORMS
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Attachment: Agreement - Merchants Landscape Services Inc [Revision 2] (6267 : RECOMMENDATION TO AWARD AN INDEPENDENT The Insurance Sections within the Agreement Section, starting on page 5 were updated to the most current approved insurance language. All other portions of the Agreement including the Exhibits remain unchanged from when first uploaded.

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ID#6273 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Jeremy Bubnick, Parks & Community Services Director AGENDA DATE: May 16, 2023
TITLE: RECOMMENDATION TO AWARD AN INDEPENDENT

CONTRACTOR AGREEMENT FOR PROFESSIONAL

PEST CONTROL AND RODENT REMOVAL SERVICES IN

VARIOUS CITY PARKS AND FACILITIES TO ANIMAL
PEST MANAGEMENT SERVICES, INC.

RECOMMENDED ACTION
Recommendations:

1. Approve the Agreement for Professional Pest Control and Rodent Removal Services (‘Agreement”) with Animal Pest Management Services, Inc., 13655 Redwood Court, Chino, CA 91710-5516, and waive any and all minor irregularities to provide pest management and rodent control service on a routine and on-call emergency basis at various City parks and park maintained facilities for a period of five years at a total not to exceed amount of $198,364.59.

2. Authorize the City Manager/Executive Director of the Moreno Valley Community Services District (CSD) Board to execute the Agreement with Animal Pest Control Services, Inc., and subsequent amendments to the Agreement, in accordance with its terms, subject to the approval of the City Attorney provided sufficient funding appropriations and program approvals have been granted by the City Council and CSDC Board; and,

3. Authorize the City Manager/Executive Director of the Moreno Valley Community Services District (CSD) Board to approve issuance of annual purchase orders, in the amounts listed in Table II in the Fiscal Impact Section of this report for each of the five (5) consecutive fiscal year terms of the Agreement, commencing with A.14
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FY 2023/2024 subject to funds available in the City Council and Moreno Valley Community Services District Board (CSD) approved Operating Budget.

SUMMARY
This report recommends approval to award a contract for Professional Pest Control Services and Rodent Removal Services to Animal Pest Management Services, Inc., to provide routine and on-call emergency pest control and rodent removal services at various City parks and park-maintained facilities.

Funding for the pest control services is provided through an allocation of funds that includes various special financing districts for parks and general fund allocations that have been previously approved by the City Council and CSD Board as part of the adopted budget.

DISCUSSION
The City is responsible for ensuring that public parks are properly maintained for the safety, use and enjoyment of the general public and employees, including taking actions to help insure those locations are free from pests and rodent infestations. Pest and rodent control is necessary to eliminate pests and rodent infestations within turf, planter and open space park areas in addition to park and public access buildings and structures. As such, the need for a licensed routine and emergency on-call pest and rodent control contract to provide routine and on call services to control pests and rodents is a necessary service.

A Request for Proposal #2022-070 for Professional Services for Pest Control and Rodent Removal Services of City Parks and Park maintained facilities went out for bid on October 10, 2022. Formal bidding procedures were followed in conformance with the Public Contract Code. Twenty-two (22) vendors were notified, and four (4) responses were received by the RFP due date of 2:00 p.m. on November 23, 2022.

Staff reviewed the bid proposals and found Animal Pest Management Services, Inc., to be a responsible bidder in possession of valid licenses, certifications, and ample knowledge with costs within the expected amount. No outstanding issues were identified through a review of references submitted by the bidder. All bidders have been notified by a Notice of Intent to Award letter.

There is an aggregate not-to-exceed amount of $198,364.59 projected for this Agreement to cover the initial 1 year (12-month term) and 4 subsequent 12-month terms of service a total five (5) year term for this contract service, which includes, in the cost an annual estimated 5% Consumer Price Index (CPI) increase on the base services amount due to inflation. This service will be utilized on a regular basis for prescribed maintenance; and on an as needed basis for emergency services under the direction of the Parks and Community Services Department.

Approval of the recommended actions would support Objective 2.11 of the Momentum A.14
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MoVal Strategic Plan: “Protect people and property against animal related injury and nuisance.”

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report.

This alternative will provide for necessary pest control and rodent removal services throughout the City’s various park sites and Park maintained facilities.

2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay necessary pest control and rodent removal services provided to City Park sites and maintained facilities, which would result in the possibility of the need to eradicate any infestation as a result in a lapse of services, which has the potential to cause increased costs to remedy any infestation or damage as a result of an extended lapse in regular pest control and rodent removal maintenance services.

FISCAL IMPACT
Pest control and rodent removal service cost is funded through a combination of special financing districts and general fund allocations to provide necessary services to parks, landscaped aqueducts and City public facilities. Costs for these services are included in the City’s and CSD’s FY 2023/24 Operating Budget and are allocated in the amounts as shown on the following table).

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The term of the Agreement is five years, provided funding appropriations and program approvals have been granted by the City Council and CSD Board each fiscal year. The Agreement is subject to an annual Consumer Price Index (CPI) inflation adjustment, at the discretion of the City and with appropriate City Council and CSD Board funding and program approvals. The following table is the not-to-exceed amount of the five-year Agreement (including an estimate for annual CPI adjustments).

No additional funds are being requested for this agreement.

NOTIFICATION
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The RFP was posted on the City’s bid portal (PlanetBids) on October 10, 2022. PlanetBids notified 22 vendors about this RFP.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Sharon Goodale Jeremy Bubnick
Management Analyst Parks and Community Services Director Concurred By: Concurred By:

Patty Yhuit Dan Monto
Senior Management Analyst Parks & Landscape Services Division Manager

CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
Objective 2.11: Protect people and property against animal related injury and nuisance through enforcement of local and state animal welfare laws and ordinances.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Agreement Pest Control Services
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APPROVALS
Budget Officer Approval ✓ Approved . 5/08/23 9:54 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/08/23 9:56 AM
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City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Moreno Valley and Valley Community Services District, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Animal Pest Management Services, Inc., a Pest Control and Rodent Removal Services Corporation, with its principal place of business at 13655 Redwood Court, Chino, CA 91710-5516, hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:

RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent Contractors;
B. Contractor desires to perform and assume responsibility for the provision of professional Pest Control and Rodent Removal contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional Pest Control and Rodent Removal contracting services, is licensed in the State of California, if applicable;
C. City desires to engage Contractor to render such services for the Pest Control and Rodent Removal as set forth in this Agreement;
D. The public interest, convenience, necessity and general welfare will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.

TERMS

1. CONTRACTOR INFORMATION:

Contractor’s Name: Animal Pest Management Services, Inc Address: 13655 Redwood Court___________
City: Chino__________________________ State: _CA___ Zip: 91710-5516 ___ Business Phone: 1-800-344-6567________
Other Contact Number: ____________________________
Business License Number: _00479________________________ Federal Tax I.D. Number: 33-0101318_____________________ A.14.a
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2. CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:

A. The Contractor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.

B. The City’s responsibilities, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.

C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.

D. The term of this Agreement shall be from July 1, 2023 to June 30, 2028, unless terminated earlier by either party pursuant to the terms as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Contractor’s requests for extensions of time in which to complete the work required. The Contractorshall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by nonperformance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.

3. STANDARD TERMS AND CONDITIONS:

A. Control of Work. Contractor is solely responsible for the content and sequence of the work and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Contractor or his/her/its employees.

B. Intent of Parties. Contractor is, and at all times shall be, an independent Contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, or entitling the Contractor to any right, benefit, or privilege applicable to any officer or employee of the City.

C. Subcontracting. Contractor may retain or subcontract for the services of other necessary Contractors with the prior written approval of the City. Payment for such services shall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered.

Contractor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].

D. Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

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E. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project or a threat to the safety of persons or property, shall be promptly removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Dan Fox, President; Rick Duffy, Chief Operating Officer; Cameron McNee, Client Relations Manager; Justin Fox, Area Manager; Ron Moore, Assistant Branch Manager; Robert Handlon, Area Supervisor and Jonathan Bonilla, Urban Wildlife Technician.

F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

G. Contractor’s Representative. Contractor hereby designates Rick Duffy, Chief Operating Officer, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the services under this Agreement.

H. Legal Considerations. The Contractor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

I. Standard of Care; Performance of Employees. Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the profession necessary to perform the services. Contractor warrants that A.14.a
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all employees and subcontractor shall have sufficient skill and experience to perform the services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement.

Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.

J. Contractor Indemnification. Contractorshall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Contractor’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signifies that the Contractor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Contractor shall be fully responsible for such coverage. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.

K. Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractorshall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

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L. CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, to the fullest extent of the law, CONTRACTOR shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including without limitation, payment that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.

M. CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications, City has an obligation to treat all persons working for or under the direction of CONTRACTOR as an independent Contractor of City and agents and employees of CONTRACTOR, and not as agents or employees of City. CONTRACTOR and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons providing services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.

N. CalPERS Retiree Disclosure. CONTRACTOR hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for CONTRACTOR who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, and whom are, subject to City approval, assigned by CONTRACTOR to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.

O. Joint Cooperation. In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, CONTRACTOR shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either CONTRACTOR or City files an appeal or court challenge, CONTRACTOR and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.

P. Insurance Requirements. Throughout the life of this AGREEMENT, Contractors shall pay for and maintain in full force and effect all insurance as required.

If at any time during the life of this AGREEMENT or any extension, CONTRACTOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this AGREEMENT shall be discontinued immediately, and all payments due or that become due to CONTRACTOR shall be A.14.a
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withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this AGREEMENT. No action taken by CITY pursuant to this section shall in any way relieve CONTRACTOR of its responsibilities under this AGREEMENT. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this AGREEMENT. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable.

The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, its principals, officers, agents, employees, persons under the supervision of CONTRACTOR, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

Upon request of CITY, CONTRACTOR shall immediately furnish CITY with a complete copy of any insurance policy and associated documentation required under this AGREEMENT, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this AGREEMENT
Where determined applicable by the CITY, CONTRACTOR will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII-Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California.

Minimum Scope of Insurance: Coverage shall be at least as broad as:
1) The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 covering on an “occurrence” basis, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.
2) The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).

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3) Workers' Compensation insurance as required by the State of California, California Labor Code and Employer's Liability Insurance, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4) Professional Liability (Errors and Omissions) insurance appropriate to CONTRACTOR'S profession.

Minimum Limits of Insurance:
a. General Liability Insurance. Without limiting the generality of the forgoing, to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the CONTRACTOR, sub-contractor, or any person acting for the CONTRACTOR or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of this AGREEMENT and any extension thereof in the minimum amounts provided below:
• $1,000,000 per occurrence for bodily injury and property damage • $1,000,000 per occurrence for personal and advertising injury • $2,000,000 aggregate for products and completed operations • $2,000,000 general aggregate
b. Automobile Liability
• $1,000,000 per accident for bodily injury and property damage c. Employer's Liability (Worker's Compensation)
• $1,000,000 each accident for bodily injury
• $1,000,000 disease each employee
• $1,000,000 disease policy limit
d. The Workers' Compensation insurance policy: In such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONTRACTOR and the CITY, HA, and CSD against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out this AGREEMENT.

Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONTRACTOR and its insurer shall waive any right of subrogation against City of Moreno Valley, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
e. Professional Liability (Errors and Omissions): Limits of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

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f. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A,VII and shall be endorsed with the following specific language:
• The insurer waives all rights of subrogation against the City, its appointed officials, officers, employees or agents.

Other Insurance Provisions: The General Liability, Automobile Liability and Workers Compensation insurance policies are to contain, or be endorsed to contain, the following provisions:
a. City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds. b. The coverage shall contain no special limitations on the scope of protection afforded to CITY, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.

All polices of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to the CITY. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONTRACTOR shall furnish the CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the CITY, CONTRACTOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers: All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide; or authorized by the City Manager or designee.

Verification of Coverage: CONTRACTOR shall furnish CITY with all certificates(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or designee prior to CITY'S execution of this AGREEMENT and before work commences. The following applicable endorsements will be required:

1. Additional Insured endorsement for ongoing operations, completed operations and primary & non-contributory endorsement for general liability coverage

2. Additional Insured endorsement for auto liability coverage

3. Waiver of Subrogation for workers compensation coverage A.14.a
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Q. Intellectual Property. Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.

R. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations of warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.

S. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Contractor. The written notice shall specify the date of termination. Upon receipt of such notice, the Contractor may continue work through the date of termination, provided that no work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date of termination for all non-objected to services performed by the Contractor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Contractor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request.
(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.

T. Payment. Payments to the Contractor pursuant to this Agreement will be reported to Federal and State taxing authorities as required. The City will not withhold any sums from compensation payable to Contractor. Contractor is independently responsible A.14.a
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for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor’s time and materials charges under the Agreement. Such records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.

U. Restrictions on City Employees. The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.

V. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.

W. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Animal Pest Management Services, Inc.
13655 Redwood Court
Chino, CA 91710-5516
Attn: Dan Fox
City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Dan Monto, Parks & Landscape Services Division Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

X. Time of Essence. Time is of the essence for each and every provision of this Agreement.

Y. City’s Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this project.

Z. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

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AA.Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, such attempted assignment, hypothecation or transfer.

BB. Supplementary General Conditions (for projects that are funded by Federal programs).

The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section

13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by CONTRACTOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions.

Definitions used in these provisions are as contained in the General Conditions.

1. CONTRACTOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event CONTRACTOR violates or breaches terms of the Agreement.

2. CITY may terminate the Agreement for cause or for convenience, and CONTRACTOR may terminate the Agreement, as provided the General Conditions.

3. CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by CONTRACTOR.)

4. CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.)

5. CONTRACTOR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).

6. CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).

7. CONTRACTOR shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.

8. Patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Agreement shall be retained by the CITY.

9. Copyrights and rights in data developed in the course of or under the A.14.a
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Agreement shall be the property of the CITY. FEMA/CalOES reserve a royaltyfree, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.

10. CONTRACTOR shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

11. CONTRACTOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.

12. CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)

13. CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).

SIGNATURE PAGE TO FOLLOW
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IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Animal Pest Management Services, Inc BY: BY:

City Manager/Executive Director TITLE: ______
of the Moreno Valley Community (President or Vice President) Services District

_____________________________________ BY: ______
Date
TITLE: ______
(Corporate Secretary)

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Department Head
Date
A.14.a
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SCOPE OF SERVICES– REQUEST FOR PROPOSAL
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Packet Pg. 807 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR

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A.14.a
Packet Pg. 810 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR

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Packet Pg. 811 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR

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Packet Pg. 812 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR

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A.14.a
Packet Pg. 819 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR Exhibit B – City Responsibilities Page 1 of 1

EXHIBIT B

CITY RESPONSIBILITIES

1. The City of Moreno Valley is responsible for providing requests for service, access to sites to perform estimates and/or work and organizing site visits.

2. Provide timely CITY staff liaison with the Contractor when requested and when reasonably needed.

3. Provide purchase orders or other written authorization to confirm the approval of work.

4. Provide materials when the scope of work so indicates.

5. Fund all required City permits, excluding a City of Moreno Valley business license.

A.14.a
Packet Pg. 820 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR Exhibit C – Payment Terms Page 1 of 5

EXHIBIT C

TERMS OF PAYMENT

1. Contractor’s Compen
A. The Contractor's compensation shall not exceed $198,364.59.

B. Compensation shall be based on the Bid/Pricing Schedule.

C. Increases in the Contractor’s compensation shall be based on an annual inflation adjustment, calculated for the previous calendar year, based on the Riverside-San Bernardino-Ontario Regional Consumer Price Index for All Urban Consumers, as published by the Department of Labor’s Bureau of Labor Statistics. Any such request shall be made to the City in writing no later than May 1 of each year. Upon approval the adjustment would be effective July 1 of the following fiscal year.

D. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
https://moval.gov/departments/financial-mgmt-svcs/svc-biz-license.html#tab-1 E. The Contractor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date.

The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final. The Contractor will submit all original invoices to Accounts Payable staff at [email protected] a. Accounts Payable questions can be directed to (951) 413-3073. b. Copies of invoices may be submitted to the Parks & Community Services Department, Parks & Landscape Services Division at [email protected] or calls directed to (951) 413-3702.

F. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties.

A.14.a
Packet Pg. 821 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR Exhibit C – Payment Terms Page 2 of 5
The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf under the City Services Section, Business dropdown option.

G. The minimum information required on all invoices is:
a. Contractor Name, Mailing Address, and Phone Number
b. Invoice Date
c. Purchase Order Number
d. Contractor Invoice Number
e. City-provided Reference Number (e.g. Project, Activity) f. Date services were performed.
g. Location where services were performed, including Name of Park or Facility, address of location or general vicinity where services were performed. h. Month and/or Quarter services were rendered with amount(s) due organized to correspond with the Contract/Purchase Order line items (e.g. July Base or Additional Work)
i. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.

H. The City shall pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

I. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

J. Maintenance and Inspection. Contractorshall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

A.14.a
Packet Pg. 822 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR Exhibit C – Payment Terms Page 3 of 5

2. ADDITIONAL WORK
A. During the term of this Agreement the City may, at its discretion, authorize the Contractor to perform certain Additional Work as described herein, in addition to the work set forth in Exhibit A.

B. If the City determines it to be in the City’s best interest, said Additional work may include:

Acts of God (i.e., earthquake damage, storm damage), or vandalism, theft, and acts or omissions by third parties.

C. Compensation for all such Additional Work shall be calculated either at the prices set forth by the Contractor and included herein or at a price based on the Contractor’s written estimate (lump sum, time and materials, or cost-plus basis), as determined by the Director.

Written estimates shall contain sufficient detail to justify the cost (i.e., quantities, adequate work description) and shall contain the location (Park, Facility or general vicinity) where services are to be performed. Except as set forth below, the Contractor shall not perform any such Additional Work services without first obtaining express written authorization from the City.

D. Notwithstanding the above requirement for prior written authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the City may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving a verbal authorization, the Contractor must submit a written estimate to the City for written approval. Whenever immediate action is required to prevent impending injury, death, or property damage to the facilities being maintained, the City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City’s work force.

E. Except as specifically approved by subsequent action of the City Council and/or District Board of Directors, the Director may not authorize Additional Work in excess of the not to exceed amount.

3. PAYMENT DEDUCTIONS
The City may deduct payment to such extent as may be necessary to protect the City from loss due to:

A. Work required which is not performed, not performed to the standards set forth therein, not performed at or within the time(s) specified therein or is incomplete.

B. Claims filed or reasonable evidence indicating probable filing of claims by laborers, materialmen, subcontractors, or third parties.

4. NON-PERFORMANCE PENALTIES
A. The Contractor may become liable for payment of non-performance penalties for failure A.14.a
Packet Pg. 823 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR Exhibit C – Payment Terms Page 4 of 5
to: provide adequate communications; provide adequate work area safety including but not limited to wearing of appropriate work attire; complete "Specialty" operations in a timely manner as set forth in the General Provisions; submit notifications or reports required by the Agreement, or General Provisions at the intervals and/or frequencies set forth therein, or; perform work as required by the General Provisions at the intervals and/or frequencies as set forth therein, or as directed by the City. For each of the categories set forth hereinabove, the penal sum of $100.00 (one hundred dollars) per working day will be assessed for each working day the deficiencies remain uncorrected.

B. If non-performance penalties are to be assessed, the Contractor will be notified immediately by written email, facsimile transmission, letter, or by telephone.

C. The Contractor will not be assessed non-performance penalties for delays caused by the City or by the owner of a utility to provide for the removal or relocation of utility facilities.

5. TIME FOR PERFORMANCE

6. The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14) calendar days after the date of authorization as specified in the Notice to Proceed and to diligently prosecute the contracted work noted on the Bid Schedule.

7. COMPENSATION DETAIL - COMPENSATION SHALL BE BASED ON THE FOLLOWING

SCHEDULE
A.14.a
Packet Pg. 824 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR FY 2023/24
Line No. Site Service Frequency
Monthly Unit
Price
Service
Frequency
Monthly
Unit Price
Service
Frequency
Unit Price
Per Service Total
1 Utility Field Office - 28020 Bay Ave. Twice Monthly $ 50.00 $ 600.00 2 Kitching Electrical Sub-Station - 17180 Kitching St. Twice Monthly $ 50.00 $ 600.00 3 Moreno Beach Electrical Sub-Station - 27913 Moreno Beach Twice Monthly $ 60.00 $ 720.00 4 MoVal South Station - 24417 Nandina Ave. Twice Monthly $ 10.00 $ 120.00 5 Bethune Park - 16745 Kitching St. Twice Monthly $ 125.00 Monthly $ 30.00 $ 1,860.00 6 Celebration Park - 14965 Morgan St. Twice Monthly $ 125.00 $ 1,500.00 7 Cottonwood Golf Center - 13671 Frederick St. Twice Monthly $ 200.00 Twice Yearly
Scheduled as
Needed $200.00 $ 2,800.00
8 Edison Easment - Parkland St. to Old Lake Dr. Twice Monthly $ 200.00 $ 2,400.00 9 El Potero Park - 16901 Laselle St (East & West sides) Twice Monthly $ 125.00 $ 1,500.00 10 Equestrian Center - 11150 Redlands Blvd. Twice Monthly $ 125.00 $ 1,500.00 11 Fairway Park - 27891 John F. Kennedy Dr. Twice Monthly $ 85.00 $ 1,020.00 12 John F. Kennedy Park - 15115 Indian St. Twice Monthly $ 85.00 $ 1,020.00 13 Laselle Sports Park - 17025 Lasselle St. Twice Monthly $ 125.00 Monthly $ 55.00 $ 2,160.00 14 March Filed Park - 15415 6th St.
(Includes Ballfields, Skate Park & Community Bldgs.) Twice Monthly $ 150.00 $ 1,800.00 15 Morrison Park - 26667 Dracea Ave. Twice Monthly $ 150.00 Monthly $ 50.00 $ 2,400.00 16 Ridgecrest Park - 28506 John F. Kennedy Dr. Twice Monthly $ 60.00 $ 720.00 17 Shadow Mountain Park - 23239 Presidio Hills Dr. Twice Monthly $ 125.00 $ 1,500.00 18 Sunnymead Park - 12655 Perris Blvd. Twice Monthly $ 125.00 Monthly $ 30.00 $ 1,860.00 19 Vista Lomas Park -26700 Iris Ave. Twice Monthly $ 60.00 $ 720.00 20 Town Gate II Park - 13100 Arbor Park Ln. Twice Monthly $ 125.00 $ 1,500.00 21 Ampitheater - 14075 Frederick St. Monthly $ 30.00 $ 360.00 $ 28,660.00
Additional Work
Additional Sites Requiring Service As Needed $ 150.00 Per Service Bee Eradication Service As Needed $ 150.00 Per Service
Base Quantities1

1. Quantities - listed line items are annual estimates based on historical information or anticipated and may vary significantly. City does not imply or make any commitment to Purchase any specific quantity.

2. Term is for a one-year base period with up to four one-year optional renewals. Contingent upon City & CSD Approved Operating Budgeting.

3. After the first 12-month period, prices shall be negotiated based upon a not to exceed CPI Increase.

4. Any request for an increse in Contractor's compensation shall be based on an annual inflation adjustment, calculated for the previous calendar year, based on the Riverside-San Bernardino-Ontario Regional Consumer Price Index for All Urban Consumers, as published by the Department of Labor's Bureau of Labor Statistics. Any such request shall be made to the City in writing no later than May 1 of each year. Upon approval, the adjustment would be effective July 1 of the folloiwng fiscal year.

5. Unit Prices include everything but sales tax. Delivery costs are included in Unit Price. Appropriate Sales taxes to be added by the City.

Rodent Control Building Pest Control Pond Alge Control
Total
Exhibit C - Payment Terms Page 5 of 5
A.14.a
Packet Pg. 825 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN Exhibit D – Term of Contract Page 1 of 1

EXHIBIT D - TERM OF CONTRACT

TERM OF CONTRACT
A. Following approval by all parties, the Contract term of this Agreement shall be from July 1, 2023 to June 30, 2028, unless terminated earlier by either party pursuant to the terms as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Contractor’s requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by non-performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.

A.14.a
Packet Pg. 826 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR EXHIBIT E - CONTRACTOR’S PROPOSAL
A.14.a
Packet Pg. 827 Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR

CONTRACTOR'S PROPOSAL
A.14.a
Packet Pg. 828
Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR Phone
Fax
800.344.6567
909.591.0941
Corporate Office 13655 Redwood Court, Chino, CA 91710-5516 Environmentally Friendly for Over 35 Years
www.animalpest.com

TABLE OF CONTENTS
PAGE
Section 1
Executive Summary.............................................................................................................1 Section 2
Supplemental Company Information...................................................................................2 Section 3
Professional Team Assignments....................................................................................3 – 4 Resumes.........................................................................................................................5 – 8 Organizational Chart ...........................................................................................................9 Section 4
Proposal Costs ...........................................................................................................10 – 12 Section 5
Response Template ................................................................................................... 13 – 21 Section 6 – Required Forms and Samples
Special Provisions Form (Attachment B) ................................................................. 22 – 23 Client Reference List (Attachment C) ...................................................................... 24 – 25 Non-Collusion Affidavit (Attachment D)................................................................. 26 – 27 Section 7
Work Samples............................................................................................................28 – 32 A.14.a
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Attachment: Agreement Pest Control Services (6273 : RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR AGREEMENT FOR Report to City Council
ID#6260 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Jeremy Bubnick, Parks & Community Services Director AGENDA DATE: May 16, 2023
TITLE: AUTHORIZE SUBMISSION OF GRANT APPLICATION TO

CA STATE LIBRARY BUILDING FORWARD LIBRARY

FACILITIES IMPROVEMENT PROGRAM

RECOMMENDED ACTION
Recommendations: That the City Council and CSD:

1. Authorize the Executive Director or its Authorized Representative, Parks & Community Services Director, or designee to submit a grant application to the California State Library for the Building Forward Library Facilities Improvement Program: Round Two for improvements that will expand physical access to the main library; and

2. Adopt Resolution No. CSD 2023-xx. A resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, approving submission of an application for the California State Library for the Building Forward Library Facilities Improvement Program: Round Two funds; Approving implementation of the awarded project; and designating an Authorized Representative to enter into the grant agreement; and

3. If awarded, accept, and receive grant award funds from the California State Library for the Building Forward Library Facilities Improvement Program: Round Two; and

4. Authorize the Executive Director or designee to process necessary budget adjustments and appropriations in FY 23/24 based on actual grant award funds received.

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SUMMARY
This report recommends authorization to submit a grant application to the California State Library for the Building Forward Library Facilities Improvement Program: Round Two to provide funding for improvements to the main library branch location.

The grant funding will allow for improvements to the main library branch that will focus on expanding physical access for all visitors. Projects such as those that ensure Americans with Disabilities Act (ADA) compliance, widening doorways and pathways, improving lighting, increasing space sizes, repurposing spaces and projects which expand accessibility to services and or technology are a few examples of the improvements that can be completed using this funding.

If awarded, the City will enter into an agreement with the State of California to administer the grant funds and will provide the required resolution, documentation and reporting as stipulated by the grant requirements.

DISCUSSION
The California State Library Building Forward Library Facilities Improvement Program helps create local libraries capable of meeting the 21st century needs of California’s communities, with a priority for facilities that serve high poverty areas of the state.

In accordance with the State of California Budget Act of 2022 AB 179 (Chapter 249, Statutes of 2022), project requests submitted for local libraries located in high poverty areas of the state will be prioritized for funding. High poverty areas are designated based on the California Poverty Measure. The California Poverty Measure is a measure created by the Public Policy Institute of California and the Stanford Center on Poverty and Inequality to comprehensively assess poverty levels by considering income and benefits from social safety net programs (e.g., Cal Fresh and unemployment benefits), medical expenses, childcare costs, and geographic differences in housing costs.

The City’s main library facility located at 25480 Alessandro Blvd, Moreno Valley, CA 92553, has 17.46% of population in poverty according to the California Poverty Measure.

The City’s application will focus on projects that expand physical access. Projects under this category, enable all visitors to enter, occupy, and use library facilities in an equally effective and integrated manner. Some examples of projects that expand physical access to the library include:
• ADA compliance measures
• Widening doorways and pathways
• Improving lighting
• Increasing size of spaces
• Repurposing spaces
• Construction projects enabling expanded-access services or technology The total anticipated project cost is approximately $1,803,680. The total amount of A.15
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grant funding being requested is $1,352,760. If awarded, the City will be required to provide matching funds as a direct cash contribution on a dollar-for-dollar basis. As part of the application, the city will be requesting a match reduction based on the Local Operating Income Per Capita. If approved, the match required amount may be reduced by 75%. The reduced match required will be $450,920. The match will be funded out of DIF Library funds currently in fund 2908.

Grant funds must be expensed by June 30, 2027. As part of the requirements of this funding, if awarded the library facility must operate as a public library for 10 years following the grant end date.

ALTERNATIVES

1. Approve the recommended actions as presented in this staff report. Staff recommends this alternative as it will have a positive impact on the community by providing funding for improvements of the main library branch.

2. Do not approve the recommended actions as presented in this staff report.

Staff does not recommend this alternative as it will not provide the opportunity for funding to conduct improvements at the main library branch.

FISCAL IMPACT
Staff is recommending an application in the amount of $1,352,760 for the California State Library Building Forward Library Facilities Improvement Program: Round Two funding for FY 23/24. The proposed grant would fund improvements at the main library branch. Reduced matching funds equal to 25% of the total project cost will be funded from DIF Library funds, fund 2908. All grant funding and match will be restricted to the California State Library Building Forward Library Facilities Improvement Program as designated in the application. Upon award, funding would be budgeted in Fund 2300- 50-92-xxxxx-.

NOTIFICATION
Posting of agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Patty Yhuit Jeremy Bubnick
Sr. Management Analyst Parks & Community Services Director Concurred By:

Donna Meester
Parks & Community Services Deputy Director

CITY COUNCIL GOALS
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Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Reso No. CSD 2023- _Library Building Forward 5.16.23

APPROVALS
Budget Officer Approval ✓ Approved . 5/08/23 9:50 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/08/23 10:01 AM
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Resolution No. CSD 2023-
Date Adopted: May 16, 2023 1
RESOLUTION NO. CSD 2023-

A RESOLUTION OF THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY,

CALIFORNIA, AUTHORIZING THE GRANT APPLICATION,

ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS

FROM THE STATE OF CALIFORNIA AND TO AUTHORIZE

DESIGNATED PERSONNEL TO SIGN GRANT

DOCUMENTS
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State prior to execution of the grant agreement; and
WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project
WHEREAS, the Moreno Valley Community Services District of the City of Moreno Valley proposes to implement the expansion of physical access to the Moreno Valley main library branch;
WHEREAS, the Moreno Valley Community Services District of the City of Moreno Valley has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the Moreno Valley Community Services District of the City of Moreno Valley intends to apply for grant funding from the California State Library for the expansion of physical access to the Moreno Valley main library branch; and WHEREAS, the Moreno Valley Community Services District of the City of Moreno Valley Board of Directors authorizes the persons serving in the positions listed below as Authorized Representatives to accept and sign as a proxy for financial statements and legally binding grant documents for the Governing Board Titles
Parks & Community Services Director
Parks & Community Services Deputy Director
Chief Financial Officer/City Treasurer
A.15.a
Packet Pg. 894 Attachment: Reso No. CSD 2023- _Library Building Forward 5.16.23 (6260 : AUTHORIZE SUBMISSION OF GRANT APPLICATION TO CA STATE Resolution No. CSD 2023-
Date Adopted: May 16, 2023 2

NOW, THEREFORE, THE MORENO VALLEY COMMUNITY SERVICES

DISTRICT OF THE CITY OF MORENO VALLEY, WITH ACKNOWLEDGEMENT OF

MORENO VALLEY MAIN LIBRARY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That pursuant and subject to all of the terms and provisions of the California Budget Act, the Moreno Valley Community Services District of the City of Moreno Valley, Parks & Community Services Director or designee is hereby authorized and directed to prepare and file an application for funding with the California State Library and take such other actions necessary or appropriate to obtain grant funding.

2. The Moreno Valley Community Services District of the City of Moreno Valley, Parks & Community Services Director or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.

3. The Moreno Valley Community Services District of the City of Moreno Valley, Parks & Community Services Director or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding

4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and that prior to commencement of the project, all applicable permits will have been obtained; and,
A.15.a
Packet Pg. 895 Attachment: Reso No. CSD 2023- _Library Building Forward 5.16.23 (6260 : AUTHORIZE SUBMISSION OF GRANT APPLICATION TO CA STATE Resolution No. CSD 2023-
Date Adopted: May 16, 2023 3
APPROVED AND ADOPTED this 16th day of May 2023.

Mayor of the City of Moreno Valley,
acting in the capacity of President of the Board
of Directors of the Moreno Valley Community
Services District
ATTEST:

City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:

City Attorney, acting in the capacity
of General Legal Counsel of the Moreno
Valley Community Services District
A.15.a
Packet Pg. 896 Attachment: Reso No. CSD 2023- _Library Building Forward 5.16.23 (6260 : AUTHORIZE SUBMISSION OF GRANT APPLICATION TO CA STATE Resolution No. CSD 2023-
Date Adopted: May 16, 2023 4

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY)
I, Jane Halstead, City Clerk of the Moreno Valley Community Services District, Moreno Valley, California, do hereby certify that the foregoing Resolution No. CSD 2023- was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District of the City of Moreno Valley at a regular meeting held on the 16th day of May 2023, motion by [NAME] and seconded by [NAME], motion passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JANE HALSTEAD, SECRETARY
(SEAL)
A.15.a
Packet Pg. 897 Attachment: Reso No. CSD 2023- _Library Building Forward 5.16.23 (6260 : AUTHORIZE SUBMISSION OF GRANT APPLICATION TO CA STATE Report to City Council
ID#6219 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Assistant City Manager (Development) AGENDA DATE: May 16, 2023
TITLE: APPROVE RESOLUTION 2023-XX, AMENDING
ELECTRIC RULE 21 FOR MORENO VALLEY UTILITY

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Approve Resolution 2023-XX Amending Electric Rule 21.

BACKGROUND
On July 8, 2003, the City Council approved Resolution No. 2003-58 adopting the Electric Service Rules, Fees and Charges (“Rules”) for the City of Moreno Valley’s Electric Utility, or Moreno Valley Utility (MVU). MVU has continued to update the Rules annually or when required to provide better services to our rate payers. The most recent revision of the Rules was approved by council on December 12th of 2022.

Moreno Valley Utility has seen a significant increase in inquiries regarding the installation of EV chargers in their residences. MVU has also received inquiries about the installation of larger than currently allowable commercial installations. The proposed changes are aimed at addressing these issues.

DISCUSSION
Under Rule 21, a residential application for generation interconnection to MVU’s distribution system shall be designed such that they do not produce more power than they consume on an annual basis. MVU determines the size limitation for new generation interconnections for residential customers by summing the net energy consumption over the last 12 months for the account associated with the application.

In 2021, MVU amended its Electric Rates to offer its residential customers an Electric Vehicle (EV) Off-Peak Charging Discount. This discount provides a discount of 5 cents A.16
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per kWh per billing period, for up to 500 kWhs, when a residential customer registers their EV with the utility for the program. To qualify, residential customers must file an application with the City and evidence of vehicle ownership or lease and registration.

MVU is proposing to account for the increased usage from a customer’s electric vehicle as part of the maximum allowable size of newly installed generating facilities.

Under the current Rule 21, a commercial customer is limited to installing a generating facility that is sized up to 75% of their minimum daytime load. MVU is proposing to offer commercial customers the ability to install generating facilities that are sized up to 100% of their load.

ALTERNATIVES

1. Approve amendment to the Electric Service Rules, Fees, and Charges - Rule 21 for Moreno Valley Utility as on file in the Electric Utility Division, Public Works Department. The amendment of the Electric Service Rules, Fees, and Charges will allow the City’s utility to offer MVU customers more options related to their generating facility size.

2. Do not approve amending resolution to the Electric Service Rules, Fees, and Charges - Rule 21 for Moreno Valley Utility as on file in the Electric Utility Division, Public Works Department. This will not allow the City’s utility to offer this cost savings benefit to its MVU customers that connect to MVU’s distribution system.

FISCAL IMPACT
There is no anticipated fiscal impact to MVU as all costs will be reimbursed by the applicants.

CITY COUNCIL GOALS
REVENUE DIVERSIFICATION AND PRESERVATION:

The municipal electric utility will generate revenues to provide funding for City programs and services over time. These revenues will help achieve important financial goals of the City.

POSITIVE ENVIRONMENT:

The proposed adjustment changes to the rates of the City’s utility, fosters a positive environment and economic benefits for the commercial and residential development within the community. The City of Moreno Valley will offer competitive rates and will help the City create new, well paying jobs.

NOTIFICATION
Posting of the Agenda.

Attachments
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Exhibit A – Proposed Resolution 2023-XX
Exhibit B – Proposed Amendment to the Electric Service Rules, Fees and Charges – Rule 21
Prepared By Department Head Approval
Jason Niccoli Melissa Walker, P.E.

Electric Utility Assistant Manager Public Works Director/City Engineer Concurred By
Michael Lloyd, P.E.

Assistant City Manager (Development)

CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution Rules Adjustment 05162023

2. Rule 21

3. MVU Rules Fees Charges final 05022023

APPROVALS
Budget Officer Approval ✓ Approved . 5/08/23 9:57 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/08/23 9:59 AM
A.16
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Attachment 1
1 Resolution No. 2023-XX
Date Adopted: May 16, 2023
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, TO AMEND THE
ELECTRIC RULE 21 FOR MORENO VALLEY UTILITY
WHEREAS, the City of Moreno Valley (the “City”), a municipal corporation, is authorized pursuant to Article XI, Section 9(a) of the California Constitution to establish, purchase, and operate public works to furnish its inhabitants with light, water, power, heat, transportation, or means of communication; and
WHEREAS, on June 26, 2001, the City Council of the City of Moreno Valley approved Resolution No. 2001-33 and, as amended by Resolution 2002-46, authorized the formation of a municipally owned utility for the purpose of providing electrical power, storm water, telephone telecommunications, cable TV, water, natural gas, and sanitary sewer; and
WHEREAS, on July 8, 2003, the City Council approved Resolution No. 2003-58 adopting the Electric Service Rules, Fees and Charges document for Moreno Valley Utility which states, in part, that the rates to be charged by and paid to the City for electric service will be the rates legally in effect and on file with the City Council; and WHEREAS, on January 13, 2004, the City Council approved Resolution No. 2004-05 establishing the electric rates for Moreno Valley Utility; and WHEREAS, on September 26, 2006, the City Council approved Resolution No. 2006-112 implementing a schedule to adjust Moreno Valley Utility electric rates to reflect the same schedule as Southern California Edison; and WHEREAS, there are sections of the Electric Service Rules, Fees and Charges document that contain rules which define the terms and conditions under which electric service will be provided to the customer; and
WHEREAS, there are rules, fees, charges, and rates associated with providing the services identified in these documents. These rules, fees, charges, and rates are deemed necessary and equitable for services rendered and are required to fund in whole or in part, all of the services required to facilitate the delivery of electric distribution pursuant to the rules; and
WHEREAS, Urgency Ordinance No. 651 was adopted by the City Council on December 9, 2003, allowing for the adoption of rates and rules by resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

A.16.a
Packet Pg. 901 Attachment: Resolution Rules Adjustment 05162023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) 2 Resolution No. 2023-XX
Date Adopted: May 16, 2023

1. The City Council hereby amends Moreno Valley Utility Rule 21, attached hereto as Exhibit A, incorporated herein, and on file in the Public Works Department.

APPROVED AND ADOPTED this 16th day of May 2023.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.16.a
Packet Pg. 902 Attachment: Resolution Rules Adjustment 05162023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) 3 Resolution No. 2023-XX
Date Adopted: May 16, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 16th day of May 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________

CITY CLERK
(SEAL)
A.16.a
Packet Pg. 903 Attachment: Resolution Rules Adjustment 05162023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit A
Resolution No. 2023-XX Date Adopted: May 16, 2023
63 ELECTRIC RULE 21— GENERATING FACILITY INTERCONNECTIONS A. APPLICABILITY
Applicability: This Rule describes the Interconnection, operating and Metering requirements for Generating Facilities to be connected to Moreno Valley Utility’s (“MVU”) Distribution System. Subject to the requirements of this Rule, MVU will allow the Interconnection of Generating Facilities with its Distribution System.

Definitions: Capitalized terms used in this Rule, and not defined in MVU’s other rules, shall have the meaning ascribed to such terms in Section H of this Rule. The definitions set forth in Section H of this Rule shall only apply to this Rule and may not apply to MVU’s other rules.

In the event of any conflict between this rule and any of the standards listed herein, the requirements of this rule shall take precedence.

B. DEFINITIONS
The definitions in this Section are applicable only to this Rule, the Application and Interconnection Agreements.

Anti-Islanding: A control scheme installed as part of the Generating Facility or Interconnection Facilities that senses and prevents the formation of an Unintended Island.

Applicant: The entity submitting an Application for Interconnection pursuant to this Rule.

Application: A standard MVU provided form submitted to MVU for Interconnection of a Generating Facility.

Certification Test: A test pursuant to this Rule that verifies conformance of certain equipment with MVU-approved performance standards in order to be classified as Certified Equipment. Certification Tests are performed by NRTLs.

Certification; Certified; Certificate: The documented results of a successful Certification Testing.

Certified Equipment: Equipment that has passed all required Certification Tests.

Commissioning Test: A test performed during the commissioning of all or part of a Generating Facility to achieve one or more of the following:
• Verify specific aspects of its performance;
• Calibrate its instrumentation; and
• Establish instrument or Protective Function set-points.

A.16.b
Packet Pg. 904 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Resolution No. 2023-XX Date Adopted: May 16, 2023
64 Exhibit A
Customer: The entity that receives or is entitled to receive Distribution Service through the MVU’s Distribution System.

Dedicated Transformer; Dedicated Distribution Transformer: A transformer that provides electricity service to a single Customer. The Customer may or may not have a Generating Facility.

Device: A mechanism or piece of equipment designed to serve a purpose or perform a function. The term may be used interchangeably with the terms “equipment” and “function” without intentional difference in meaning. See also Function and Protective Function.

Distribution Service: All services required by, or provided to, a Customer pursuant to the approved rate schedules and rules of MVU.

Distribution System: All electrical wires, equipment, and other facilities owned or provided by MVU, by which MVU provides Distribution Service to its Customers.

Emergency: An actual or imminent condition or situation, which jeopardizes MVU’s Distribution System Integrity.

Field Testing: Testing performed in the field to determine whether equipment meets MVU’s requirements for safe and reliable Interconnection.

Function: Some combination of hardware and software designed to provide specific features or capabilities. Its use, as in Protective Function, is intended to encompass a range of implementations from a single-purpose device to a section of software and specific pieces of hardware within a larger piece of equipment to a collection of devices and software.

Generating Facility: All Generators, electrical wires, equipment, and other facilities owned or provided by Producer for the purpose of producing electric power.

Generator: A device converting mechanical, chemical or solar energy into electrical energy, including all of its protective and control Functions and structural appurtenances.

One or more Generators comprise a Generating Facility.

Gross Nameplate Rating; Gross Nameplate Capacity: The total gross generating capacity of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s).

Host Load: The electrical power, less the Generator auxiliary load, consumed by the Customer, to which the Generating Facility is connected.

Initial Review: The review by MVU, following receipt of an Application, to determine the following: (a) the Generating Facility qualifies for Simplified Interconnection; or (b) if the Generating Facility can be made to qualify for Interconnection with a Supplemental Review determining any additional requirements.

A.16.b
Packet Pg. 905 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Resolution No. 2023-XX Date Adopted: May 16, 2023
65 Exhibit A
In-rush Current: The current determined by the In-rush Current Test.

Interconnection Agreement: An agreement between MVU and the Producer that gives certain rights and obligations to effect or end Interconnection.

Interconnection; Interconnected: The physical connection of a Generating Facility in accordance with the requirements of this Rule so that Parallel Operation with MVU’s Distribution System can occur (or has occurred).

Interconnection Facilities: The electrical wires, switches and related equipment that are required in addition to the facilities required to provide electric Distribution Service to a Customer to allow Interconnection. Interconnection Facilities may be located on either side of the Point of Common Coupling as appropriate to their purpose and design.

Interconnection Facilities may be integral to a Generating Facility or provided separately.

Interconnection Study: A study to establish the requirements for Interconnection of a Generating Facility with MVU’s Distribution System.

Island; Islanding: A condition on MVU’s Distribution System in which one or more Generating Facilities deliver power to Customers using a portion of MVU’s Distribution System that is electrically isolated from the remainder of MVU’s Distribution System.

Line Section: That portion of MVU’s Distribution System connected to a Customer bounded by automatic sectionalizing devices or the end of the distribution line.

Load Carrying Capability: The maximum electrical load that may be carried by a section of MVU’s Distribution System consistent with reliability and safety under the circumstances being evaluated.

Metering: The measurement of electrical power in kW and/or energy in kWh, and, if necessary, reactive power in kVAR at a point, and its display to MVU, as required by this Rule.

Metering Equipment: All equipment, hardware, software including meter cabinets, conduit, etc., that are necessary for Metering.

Momentary Parallel Operation: The interconnection of a Generating Facility to the Distribution System for one second (60 cycles) or less.

Nationally Recognized Testing Laboratory (NRTL): A laboratory accredited to perform the Certification Testing requirements under this Rule.

Net Energy Metering: Metering for the receipt and delivery of electricity between the Producer and MVU over a timeframe established per the applicable NEM rate, the difference between these two values yields either net consumption or surplus over the given time period.

A.16.b
Packet Pg. 906 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Resolution No. 2023-XX Date Adopted: May 16, 2023
66 Exhibit A
Net Generation Output Metering: Metering of the net electrical power output in kW or energy in kWh, from a given Generating Facility. This may also be the measurement of the difference between the total electrical energy produced by a Generator and the electrical energy consumed by the auxiliary equipment necessary to operate the Generator. For a Generator with no Host Load and/or Public Utilities Code Section 218 Load (Section 218 Load), Metering that is located at the Point of Common Coupling. For a Generator with Host Load and/or Section 218 Load, Metering that is located at the Generator but after the point of auxiliary load(s) and prior to serving Host Load and/or Section 218 Load.

Net Nameplate Rating: The Gross Nameplate Rating minus the consumption of electrical power of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s).

Network Service: More than one electrical feeder providing Distribution Service at a Point of Common Coupling.

Non-Export; Non-Exporting Scheme: Designed to prevent the transfer of electrical energy from the Generating Facility to MVU’s Distribution System.

Non-Islanding: Designed to detect and disconnect an Unintended Island with matched load and generation. Reliance solely on under/over voltage and frequency trip is not considered sufficient to qualify as Non-Islanding.

Parallel Operation: The simultaneous operation of a Generator with power delivered or received by MVU while Interconnected. For the purpose of this Rule, Parallel Operation includes only those Generating Facilities that are Interconnected with MVU’s Distribution System for more than 60 cycles (one second).

Periodic Test: A test performed on part or all of a Generating Facility/ Interconnection Facilities at pre-determined time or operational intervals to achieve one or more of the following:
• Verify specific aspects of its performance
• Calibrate instrumentation
• Verify and re-establish instrument or Protective Function set-points.

Point of Common Coupling (PCC): The transfer point for electricity between the electrical conductors of MVU and the electrical conductors of the Producer.

Point of Common Coupling Metering: Metering located at the Point of Common Coupling. This is the same Metering as Net Generation Metering for Generating Facilities with no Host Load and/or Section 218 Load.

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Point of Interconnection: The electrical transfer point between a Generating Facility and MVU’s Distribution System. This may or may not be coincident with the Point of Common Coupling.

Producer: The entity that executes an Interconnection Agreement with MVU. The Producer may or may not own or operate the Generating Facility, but is responsible for the rights and obligations related to the Interconnection Agreement.

Production Test: A test performed on each device coming off the production line to verify certain aspects of its performance.

Protective Function(s): The equipment, hardware and/or software in a Generating Facility (whether discrete or integrated with other functions) whose purpose is to protect against Unsafe Operating Conditions.

Prudent Electrical Practices: Those practices, methods, and equipment, as changed from time to time, that are commonly used in prudent electrical engineering and operations to design and operate electric equipment lawfully and with safety, dependability, efficiency and economy.

Scheduled Operation Date: The date specified in the Interconnection Agreement when the Generating Facility is, by the Producer's estimate, expected to begin operation pursuant to this Rule.

Secondary Network: A network supplied by several primary feeders suitably interlaced through the area in order to achieve acceptable loading of the transformers under emergency conditions and to provide a system of extremely high service reliability. Secondary networks usually operate at 600 V or lower.

Section 218 Load: Electrical power that is supplied in compliance with California Public Utilities Code Section 218. Public Utilities Code Section 218 defines an “Electric Corporation” and provides conditions under which a transaction involving a Generating Facility would not classify a Producer as an Electric Corporation. These conditions relate to “over-the-fence” sale of electricity from a Generating Facility without using MVU’s Distribution System.

Short Circuit (Current) Contribution Ratio (SCCR): The ratio of the Generating Facility’s short circuit contribution to the short circuit contribution provided through MVU’s Distribution System for a three-phase fault at the high voltage side of the distribution transformer connecting the Generating Facility to MVU’s system.

Simplified Interconnection: Interconnection conforming to the Initial Review requirements under this Rule, as determined by Section I.

Single Line Diagram; Single Line Drawing: A schematic drawing, showing the major electric switchgear, Protective Function devices, wires, Generators, transformers and other devices, providing sufficient detail to communicate to a qualified engineer the essential design and safety of the system being considered.

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Special Facilities: As defined in MVU’s Rules governing Special Facilities.

Starting Voltage Drop: The percentage voltage drop at a specified point resulting from In-rush Current. The Starting Voltage Drop can also be expressed in volts on a particular base voltage, (e.g., 6 volts on a 120-volt base, yielding a 5% drop).

Supplemental Review: A process wherein MVU further reviews an Application that fails one or more of the Initial Review Process steps. The Supplemental Review may result in one of the following: (a) approval of Interconnection; (b) approval of Interconnection with additional requirements; or (c) required modifications for interconnection.

System Integrity: The condition under which MVU’s Distribution System is deemed safe and can reliably perform its intended functions in accordance with the safety and reliability rules of MVU.

Telemetering: The electrical or electronic transmittal of Metering data in real-time to MVU.

Transfer Trip: A Protective Function that trips a Generating Facility remotely by means of an automated communications link controlled by MVU.

Type Test: A test performed on a sample of a particular model of a device to verify specific aspects of its design, construction and performance.

Unintended Island: The creation of an island, usually following a loss of a portion of MVU’s Distribution System, without the approval of MVU.

Unsafe Operating Conditions: Conditions that, if left uncorrected, could result in hard to personnel, damage to equipment, loss of System Integrity or operation outside preestablished parameters required by the Interconnection Agreement.

Visible Disconnect: An electrical switching device that can separate the Generating Facility from the Distribution System and is designed to allow visible verification that separation has been accomplished. This requirement can be met by opening the enclosure to observe the contact separation.

C. GENERAL REQUIREMENTS

1. Authorization Required to Operate:

A Producer must comply with this Rule and receive MVU’s express written permission before Parallel Operation of its Generating Facility with MVU’s Distribution System.

MVU shall apply this Rule in a non-discriminatory manner and shall not unreasonably withhold its permission for Parallel Operation of Producer’s Generating Facility with MVU’s Distribution System.

2. Access to Premises:

MVU may enter Customer’s premises without prior notice (a) to inspect, at all reasonable hours, Customer’s protective devices and read or test any meter for the Facility and (b) to A.16.b
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disconnect, at any time, without notice, the Facility if, in MVU’s sole opinion, a hazardous condition exists and that immediate action is necessary to protect persons, or MVU’s facilities, or property of others from damage or interference caused by (1) Customer’s Facility, or (2) Customer’s failure to comply with the requirements of this Rule.

3. Separate Agreements Required for Other Services:

Producer requiring other electric services from MVU including, but not limited to, Distribution Service during periods of curtailment or interruption of the Producer’s Generating Facility, will comply with these Rules and agrees to abide by all requirements as set forth by MVU for such services in accordance with MVU’s City Council-approved Electric Rules.

4. Transmission Service Not Provided with Interconnection:

Interconnection with MVU's Distribution System under this Rule does not provide a Producer any rights to utilize MVU's System for the transmission, distribution, or wheeling of electric power.

5. Design Reviews and Inspections:

MVU shall have the right to review the design of a Producer's Generating and/or Interconnection Facilities and to inspect a Producer's Generating and/or Interconnection Facilities prior to the commencement of Parallel Operation with MVU’s Distribution System. MVU may require a Producer to make modifications as necessary to comply with the requirements of this Rule. MVU's review and authorization for Parallel Operation shall not be construed as confirming or endorsing the Producer's design or as warranting the Generating and/or Interconnection Facilities' safety, durability or reliability. MVU shall not, by reason of such review or lack of review, be responsible for the strength, adequacy or capacity of such equipment.

6. Design Requirements:
a. Customer’s Facility, and all portions of it used to provide or distribute electrical power and parallel interconnection with MVU’s distribution equipment shall be designed, installed, constructed, operated, and maintained in compliance with this Rule. Compliance with this section is mandatory.
b. Customer shall conform to all applicable solar or wind electrical generating system safety and performance standards established by this rule, the National Electrical Code (NEC), the Institute of Electrical and Electronics Engineers (IEEE), and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission regarding safety and reliability, and applicable building codes.

7. Testing and Compliance:

Generating facilities must meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories. All generating facilities must have a warranty of at least 10 years for all equipment and the associated installation from the system provider (not from MVU). All major solar system components (including A.16.b
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PV panels and other generation equipment, inverters and meters) must be on the verified equipment list maintained by the CEC. Any other equipment, as determined by MVU, must be verified as having safety certification from a Nationally Recognized Testing Laboratory.

8. Sized to offset all or part of load:

The customer’s generating facilities must be sized to offset part or all of the customer’s own electrical requirements and cannot be oversized.

9. Transferability of Generating Facility:

A new customer of record who owns, rents, or leases a premise that includes a generating facility that was approved by MVU for parallel operation prior to the new customer moving in and/or taking electric service with MVU will take service under this Schedule as long as the requirements of this Schedule are met. This provision also applies to premises where the developer/contractor establishes the interconnection.

10. System Modifications:

Existing generating facilities currently under a legacy NEM Schedule that are modified such that: (1) the generating capacity or output increases by 10% or more; or (2) adding battery storage will be placed under the most recent NEM Schedule.

11. NEM Schedule Agreement:

Existing customers under a legacy NEM schedule will remain under their legacy Schedule for a period of fifteen (15) years from the original year in which their generating facility was interconnected to MVU’s grid as determined from the date the customer received the permission to operate (PTO), and then will be switched to the most recent NEM schedule or any otherwise applicable rate schedule. Existing customers under Schedule NEM can request to be placed under the most recent NEM Schedule at any time; the customer’s account will be trued up at the time of the request. This means that any outstanding balance due or credit due will be applied to the next regular billing.

12. Interruption or Reduction of Deliveries:
a. MVU shall not be obligated to accept, and MVU may require Customer to interrupt or reduce, deliveries of energy to MVU: (a) when necessary in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of MVU’s equipment or part of the MVU system; or (b) if MVU determines that curtailment, interruption, or reduction of receipt of energy from Customer’s Facility is necessary because of emergencies, forced outages, force majeure, or compliance with prudent electrical practices.
b. Notwithstanding any other provision of this Rule, if at any time MVU, in its sole discretion, determines that either (a)the Facility may endanger MVU personnel or members of the general public, or (b) the continued operation of Customer’s Facility may impair the integrity of MVU’s electric distribution system, MVU shall have the right to disconnect Customer’s Facility from MVU’s electric distribution system. Customer’s Facility shall remain disconnected until such time as MVU is satisfied that the condition(s) referenced in (a) or (b) of this paragraph have been corrected, and MVU shall A.16.b
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not be obligated to compensate Customer for any loss of use of generation or energy during any and all periods of such disconnection.

13. Maintenance and Permits:

Customer shall: (a) maintain the Facility and interconnection facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to, requirements of Section 5 above, and (b) to the extent that future requirements may require, obtain any governmental authorizations or permits required for the operation of the Facility. Customer shall reimburse MVU for any and all losses, damages, claims, penalties, or liability MVU incurs as a result of Customer’s failure to obtain or maintain any governmental authorizations and permits required for construction and operation of the Customer’s Facility.

14. Indemnity and Liability by Customer:
a. Customer shall indemnify and hold MVU, its directors, officers, agents and employees harmless against all loss, damages expense and liability to third persons for injury to or death of persons or injury to property caused by the Customer’s engineering design, construction, installation, ownership, maintenance or operations of the Facility in connection with this Agreement by reason of omission or negligence, whether active or passive. Customer shall, on MVU’s request, defend any suit asserting a claim covered by this indemnity.

Customer shall pay all costs that may be incurred by MVU in enforcing this indemnity.
b. Neither MVU, its officers, agents nor employees shall be liable for any claims, demands, costs, losses, causes of action, or any other construction, ownership, maintenance or operation of, or making of replacements, additions or betterment to, Customer’s Facility except to the extent actually caused by the sole and gross negligence of the MVU.
c. Neither MVU, its officers, agents nor employees shall be liable for damages of any kind to the Facility caused by any electrical disturbance of the MVU system or on the system of another, whether or not the electrical disturbance results from the negligence of MVU.

D. PROTECTION REQUIREMENTS

A.16.b
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Resolution No. 2023-XX Date Adopted: May 16, 2023
72 a. Protective Functions Required Generating Facilities operating in parallel with MVU’s Distribution System shall be equipped with the following Protective Functions to sense abnormal conditions on MVU’s Distribution System and cause the Generating Facility to be automatically disconnected from MVU’s Distribution System or to prevent the Generating Facility from being connected to MVU’s Distribution System inappropriately:
1) Over and under voltage trip functions and over and under frequency trip functions;
2) A voltage and frequency sensing and time-delay function to prevent the Generating Facility from energizing a de-energized Distribution System circuit and to prevent the Generating Facility from reconnecting with MVU’s Distribution System unless MVU’s Distribution System service voltage and frequency is within the Voltage Range of 106V to 127V (on a 120V basis), inclusive, and a frequency range of 59.3 Hz to 60.5 Hz, inclusive, and are stable for at least 60 seconds; and
3) A function to prevent the Generating Facility from contributing to the formation of an Unintended Island and cease to energize the MVU’s Distribution System within two seconds of the formation of an Unintended Island.

The Generating Facility shall cease to energize MVU’s Distribution System for faults on MVU’s Distribution System circuit to which it is connected.

The Generating Facility shall cease to energize MVU’s Distribution circuit prior to re-closure by MVU’ Distribution System equipment. b. Momentary Paralleling Generating Facilities. With MVU’s approval, the transfer switch or scheme used to transfer the Producer’s loads from MVU’s Distribution System to Producer’s Generating Facility may be used in lieu of the Protective Functions required for Parallel Operation. c. Purpose of Protective Functions. The Protective Functions and requirements of this Rule are designed to protect MVU’s Distribution System and not the Generating Facility. A Producer shall be solely responsible for providing adequate protection for its Generating Facility and Interconnection Facilities.

The Producer’s protective devices utilized on the Distribution System in a manner that would affect MVU’s capability of providing reliable service to its Customers.
d. Suitable Equipment Required. Circuit breakers or other interrupting equipment located at the Point of Common Coupling must be Certified or "Listed" (as defined in Article 100, the Definitions Section of the National Electrical Code) as suitable for their intended application. This includes being A.16.b
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capable of interrupting the maximum available fault current expected at their location. Producer’s Generating Facility and Interconnection Facilities shall be designed so that the failure of any single device or component shall not potentially compromise the safety and reliability of MVU’s Distribution System.
e. Visible Disconnect Required. When required by MVU’s operating practices, the Producer shall furnish and install a ganged, manually-operated isolating switch (or a comparable device mutually agreed upon by MVU and the Producer) near the Point of Interconnection to isolate the Generating Facility from MVU’s Distribution System. The device does not have to be rated for load break nor provide over-current protection.

The device must:
1) allow visible verification that separation has been accomplished. (This requirement may be met by opening the enclosure to observe contact separation.)
2) include markings or signage that clearly indicate open and closed positions.
3) be capable of being reached quickly and conveniently 24 hours a day by MVU personnel for construction, operation, maintenance, inspection, testing or reading, without obstacles or requiring those seeking access to obtain keys, special permission, or security clearances.
4) be capable of being locked in the open position.
5) be clearly marked on the submitted single line diagram and its type and location approved by the MVU prior to installation. If the device is not adjacent to the Point of Common Coupling, permanent signage must be installed at an MVU-approved location providing a clear description of the location of the device.

Generating Facilities with Non-Islanding inverters totaling one (1) kilovolt-ampere (kVA) or less are exempt from this requirement.
f. Drawings Required. Prior to Parallel Operation or Momentary Parallel Operation of the Generating Facility, MVU shall approve the Producer's Protective Function and control diagrams. Generating Facilities equipped with Protective Functions and a control scheme previously approved by MVU for system-wide application or only Certified Equipment may satisfy this requirement by reference to previously approved drawings and diagrams.

A.16.b
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Resolution No. 2023-XX Date Adopted: May 16, 2023
74 g. Generating Facility Conditions Not Identified. In the event this Rule does not address the Interconnection conditions for a particular Generating Facility, MVU and Producer may agree upon other arrangements.

2. Prevention of Interference:

The Producer shall not operate Generating or Interconnection Facilities that superimpose a voltage or current waveform upon MVU’s Distribution System that interferes with MVU operations, service to MVU customers, or communication facilities. If such interference occurs, the Producer must diligently pursue and take corrective action at its own expense after being given notice and reasonable time to do so by MVU. If the Producer does not take corrective action in a timely manner, or continues to operate the facilities causing interference without restriction or limit, MVU may, without liability, disconnect the Producer's facilities from MVU’s Distribution System. To eliminate undesirable interference caused by its operation, each Generating Facility shall meet the following criteria:
a. Voltage Regulation: The Generating Facility shall not actively regulate the voltage at the Point of Common Coupling while in parallel with MVU’s Distribution System.
b. Operating Voltage Range: The voltage ranges in Table D.1 define protective trip limits for the Protective Function and are not intended to define or imply a voltage regulation Function. Generating Facilities shall cease to energize MVU’s Distribution System within the prescribed trip time whenever the voltage at the Point of Common Coupling deviates from the allowable voltage operating range. The Protective Function shall detect and respond to voltage on all phases to which the Generating Facility is connected.
1) Generating Facilities (30 kVA or less). Generating Facilities with a Gross Nameplate Rating of 30 kVA or less shall be capable of operating within the voltage range normally experienced on MVU’s Distribution System. The operating range shall be selected in a manner that minimizes nuisance tripping between 106 volts and 132 volts on a 120-volt base (88%-110% of nominal voltage). Voltage shall be detected at either the Point of Common Coupling or the Point of Interconnection.
2) Generating Facilities (greater than 30 kVA). MVU may require adjustable operating voltage settings. In the absence of such requirements, the Generating Facility shall operate at a range between 88% and 110% of the applicable interconnection voltage.

Voltage shall be detected at either the Point of Common Coupling or the Point of Interconnection, with settings compensated to A.16.b
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account for the voltage at the Point of Common Coupling, Generating Facilities that are Certified Non-Islanding or that meet one of the options of the Export Screen (Section I.3.b) may detect voltage at the Point of Interconnection without compensation. 3) Voltage Disturbances. Whenever MVU’s Distribution System voltage at the Point of Common Coupling varies from and remains outside normal (nominally 120 volts) for the predetermined parameters set forth in Table D-1, the Generating Facility’s Protective Functions shall cause the Generator(s) to become isolated from MVU’s Distribution System:

Table D.1 Voltage Trip Settings
Voltage at Point of Common Coupling Maximum Trip Time* # of Cycles (Assuming 120 V Base) % of Nominal Voltage (Assuming 60Hz Nominal)
Seconds
Less than 60 Volts Less than 50% 10 Cycles 0.16 Seconds Greater than or equal to 60
volts but less than 106 volts
Greater than or equal to
50% but less than 88%
120 Cycles 2 Seconds
Greater than or equal to 106
volts but less than 132 volts
Greater than or equal to
88% but less than 110%
Normal Operation
Greater than or equal to 132
volts but less than 144 volts
Greater than or equal to
110% but less than 120%
120 Cycles 2 Seconds
Greater than 144Volts Greater than 120% 10 Cycles 0.16 Seconds * "Maximum Trip time" refers to the time between the onset of the abnormal condition and the Generating Facility ceasing to energize MVU’s Distribution System. Protective Function sensing equipment and circuits may remain connected to MVU’s Distribution System to allow sensing of electrical conditions for use by the "reconnect" feature. The purpose of the allowed time delay is to allow a Generating Facility to “ride through” short-term disturbances to avoid nuisance tripping. Set points shall not be user adjustable (though they may be field adjustable by qualified personnel). For Generating Facilities with a Gross Nameplate Rating greater than 30 kVA, set points shall be field adjustable and different voltage set points and trip times from those in Table D.1 may be negotiated with MVU.
c. Paralleling. The Generating Facility shall parallel with MVU’s Distribution System without causing a voltage fluctuation at the Point of Common Coupling greater than ±5% of the prevailing voltage level of MVU’s Distribution System at the Point of Common Coupling.

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Resolution No. 2023-XX Date Adopted: May 16, 2023
76 d. Flicker. The Generating Facility shall not create objectionable flicker for other customers on MVU’s Distribution System. To minimize the adverse voltage effects experienced by other customers (IEEE1547-4.3.2), flicker at the Point of Common Coupling caused by the Generating Facility should not exceed the limits defined by the "Maximum Borderline of Irritation Curve" identified in IEEE 519-1992 (IEEE Recommended Practices and Requirements for Harmonic Control in Electric Power Systems, IEEE STD 519-1992). This requirement is necessary to minimize the adverse voltage affects experienced by other customers on MVU’s Distribution System.

Generators may be connected and brought up to synchronous speed (as an induction motor) provided these flicker limits are not exceeded. e. Integration with MVU’s Distribution System Grounding. The grounding scheme of the Generating Facility interconnection shall not cause over-voltages that exceed the rating of the equipment connected to the MVU’s Distribution System and shall not disrupt the coordination of the ground fault protection on the MVU’s Distribution System (IEEE1547-

4.1.2) (See Section I.3.h).
f. Frequency: MVU controls system frequency, and the Generating Facility shall operate in synchronism with the MVU’s Distribution System.

Whenever MVU’s Distribution System frequency at the Point of Common Coupling is outside of the acceptable operating range (59.3-60.5 Hertz) for more than ten cycles, the Generating Facility’s Protective Functions shall cease to energize MVU’s Distribution System.
g. Harmonics. Harmonic distortion shall be in compliance with IEEE 519. h. Direct Current Injection. Generating Facilities should not inject direct current greater than 0.5% of rated output current into MVU’s Distribution System.
i. Power Factor. Each Generator in a Generating Facility shall be capable of operating at some point within a power factor range from 0.9 leading to 0.9 lagging. Operation outside this range is acceptable provided the reactive power of the Generating Facility is used to meet the reactive power needs of the Host Loads or that reactive power is otherwise provided under Rate Schedule by MVU. The Producer shall notify MVU if it is using the Generating Facility for power factor correction. Unless otherwise agreed upon by the Producer and MVU, Generating Facilities shall automatically regulate power factor, not voltage, while operating in parallel with MVU’s Distribution System.
j. Unintended Islanding. Generating Facilities must mitigate their potential contribution to an Unintended Island. This can be accomplished by one of the following options: (1) incorporating certified Non-Islanding control functions into the Protective Functions, or (2) installation of non-export A.16.b
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relays and protective equipment or (3) verifying that local loads always sufficiently exceed the Net Nameplate Rating of the Generating Facility. k. Fault Detection. A Generating Facility shall be equipped with Protective Functions designed to detect Distribution System faults, both line-to-line and line-to-ground, and promptly cease to energize the Distribution System in the event of a fault. For a Generating Facility that cannot detect these faults within two seconds, a transfer trip or equivalent function may be required. Reclose-blocking of MVU’s affected recloser(s) may also be required.

3. Technology Specific Requirements:
a. Three-Phase Synchronous Generators. For three-phase Generators, the Generating Facility circuit breakers shall be three-phase devices with electronic or electromechanical control. The Producer shall be responsible for properly synchronizing its Generating Facility with MVU’s Distribution System by means of either manual or automatic synchronizing equipment. Automatic synchronizing is required for all synchronous Generators that have a Short Circuit Contribution Ratio (SCCR) exceeding 0.05. Loss of synchronism protection is not required except as may be necessary to meet Section D.2.d (Flicker) (IEEE1547-4.2.5). Unless otherwise agreed upon by the Producer and MVU, synchronous Generators shall automatically regulate power factor, not voltage, while operating in parallel with MVU’s Distribution System. A power system stabilization function is specifically not required for Generating Facilities under 10 MW Net Nameplate Rating.
b. Induction Generators. Induction Generators (except self-excited Induction Generators) do not require a synchronizing Function. Starting or rapid load fluctuations on induction generators can adversely impact MVU’s Distribution System's voltage. Corrective step-switched capacitors or other techniques may be necessary and may cause undesirable ferro-resonance. When these counter measures (e.g., additional capacitors) are installed on the Producer's side of the Point of Common Coupling, MVU must review these measures. Additional equipment may be required as determined in a Supplemental Review or an Interconnection Study.
c. Inverters. Utility-interactive inverters do not require separate synchronizing equipment. Non-utility-interactive or “stand-alone” inverters shall not be used for Parallel Operation with MVU’s Distribution System.
d. Single-Phase Generators. For single-phase Generators connected to a shared single-phase secondary system, the maximum Net Nameplate Rating of the Generating Facilities shall be 20 kVA. Generators connected to a center-tapped neutral 240-volt service must be installed such that no more than 6 kVA of imbalanced power is applied to the two “legs” of the 240-volt service. For Dedicated Distribution Transformer services, the maximum Net Nameplate A.16.b
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Rating of a single-phase Generating Facility shall be the transformer nameplate rating.

E. INTERCONNECTION FACILITIES AND DISTRIBUTION SYSTEM

MODIFICATIONS

1. Scope and Ownership of Interconnection Facilities and Distribution System Modifications
a. Scope. Parallel Operation of Generating Facilities may require Interconnection Facilities or modifications to MVU’s Distribution System (“Distribution System modifications”). The type, extent and costs of Interconnection Facilities and Distribution System modifications shall be consistent with this Rule and determined through the Supplemental Review and/or Interconnection Studies described in the application process.
b. Ownership. Interconnection Facilities installed on Producer’s side of the Point of Common Coupling may be owned, operated and maintained by the Producer or MVU. Interconnection Facilities installed on MVU’s side of the Point of Common Coupling and Distribution System modifications shall be owned, operated and maintained only by MVU.

2. Responsibility of Costs of Interconnecting a Generating Facility a. Review, Study, and Additional Commissioning Test Verification (preparallel inspections) Costs. A producer shall be responsible for the reasonably incurred costs of the review’s studies, and additional Commissioning Test verifications (pre-parallel inspections) conducted pursuant to the application section of this Rule. If the initial Commissioning Test verification (pre-parallel inspection) is not successful through no fault of MVU, MVU may impose upon the Producer a cost-based charge for subsequent Commissioning Test verifications (pre-parallel inspections). All Costs for additional Commissioning Test verifications (pre-parallel inspections) shall be paid by Producer within thirty days of receipt of MVU’s invoice. Additional costs, if any, will be specified on the invoice. If the initial Commissioning test (pre-paralleling inspection) is not successful through the fault of the MVU, that visit will not be considered the initial Commissioning Test (pre-parallel inspection). b. Facility Costs. A Producer shall be responsible for all costs associated with Interconnection Facilities owned by the Producer. The Producer shall also be responsible for any costs reasonably incurred by MVU in providing, operating, or maintaining the Interconnection Facilities and Distribution System modifications required solely for the Interconnection of the Producer’s Generating Facility with MVU’s Distribution System.

A.16.b
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Resolution No. 2023-XX Date Adopted: May 16, 2023
79 c. Separation of Costs. Should MVU combine the installation of Interconnection Facilities or Distribution System modifications required for the Interconnection of a Generating Facility with modifications to MVU’s Distribution System to serve other Customers or Producers, MVU shall not include the costs of such separate or incremental facilities in the amounts billed to the Producer.

3. Installation of Interconnection Facilities and Distribution System Modifications a. Agreement Required. The costs for Interconnection Facilities and Distribution System modifications shall be paid by the Producer pursuant to the provisions contained in the Interconnection Agreement. Where the type and extent of the Interconnection Facilities and Distribution System Improvements warrant additional detail, the detail shall be found in a separate agreement between the Producer and MVU, and MVU’s applicable rate schedules and rules for Added Facilities.
b. Interconnection Facilities and Distribution System Modifications. Except as provided for in Section E.3.c. of this Rule, Interconnection Facilities connected to MVU’s side of the Point of Common Coupling and Distribution System modifications shall be provided, installed, owned and maintained by MVU at Producer’s expense.
c. Third-Party Installations. Subject to the approval of MVU, a Producer may at its option employ a qualified contractor to provide and install Interconnection Facilities or Producer paid Distribution System modifications, to be owned and operated by MVU, on MVU’s side of the Point of Common Coupling. Such Interconnection Facilities and Distribution System modifications shall be installed in accordance with MVU's design and specifications. Upon final inspection and acceptance by MVU, the Producer shall transfer ownership of such Producer installed Interconnection Facilities or Distribution System modifications to MVU and such facilities shall thereafter be owned and maintained by MVU. The Producer shall pay MVU's reasonable cost of design, administration, and monitoring of the installation for such facilities to ensure compliance with MVU's requirements. The Producer shall also be responsible for all costs associated with the transfer of Producer installed Interconnection Facilities and Distribution System modifications to MVU.

F. METERING, MONITORING AND TELEMETRY

1. General Requirements: All Generating Facilities shall be metered in accordance with this Section F and shall meet all applicable standards of MVU contained in MVU’s applicable rules and published MVU manuals dealing with specifications.

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Resolution No. 2023-XX Date Adopted: May 16, 2023
80 2. Metering By Non-MVU Parties: The ownership, installation, operation, reading and testing of revenue Metering Equipment for Generating Facilities shall be by MVU.

3. Net Generation Output Metering (NGOM): Generating Facilities’ customers may be required to install NGOM for evaluation, monitoring and verification purposes, to satisfy applicable CAISO reliability requirements, and for Distribution System planning and operations.

The relevant factors in determining the need for NGOM are as listed below:
a. Data requirements in proportion to need for information; b. Producer’s election to install equipment that adequately addresses MVU’s operational requirements;
c. Accuracy and type of required Metering consistent with purposes of collecting data;
d. Cost of Metering relative to the need for and accuracy of the data; e. The Generating Facility’s size relative to the cost of the Meter/monitoring; f. Other means of obtaining the data (e.g., Generating Facility logs, proxy data etc.);
g. Requirements under any interconnection Agreement with the Producer.

The requirements in this Section may not apply to Metering of Generating Facilities operating under MVU’s Net Energy Metering Rate Schedule pursuant to the California Public Utilities Cod Section 2827, et seq. Nothing in this Section F.3 supersedes Section B.4.

4. Point of Common Coupling Metering: For purposes of assessing MVU charges for retail service, the Producer’s PCC Metering shall be a bi-directional meter so that power deliveries to and from the Producer’s site can be separately recorded.

Alternately, the Producer may, at its sole option and cost, require MVU to install multi-metering equipment to separately record power deliveries to MVU’s Distribution System and retail purchases from MVU. Where necessary, such PCC Metering shall be designed to prevent reverse registration.

5. Telemetering: If the nameplate rating of the Generating Facility is 1 MW or greater, Telemetering equipment at the Net Generator Output Metering location may be required at the Producer's expense. If the Generating Facility is Interconnected to a portion of MVU’s Distribution System operating at a voltage below 10 kV, then Telemetering equipment may be required on Generating Facilities 250 kW or greater. MVU shall only require Telemetering to the extent A.16.b
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that less intrusive and/or more cost effective options for providing the necessary data in real time are not available.

6. Location: Where MVU-owned Metering is located on the Producer’s premises, Producer shall provide, at no expense to MVU, a suitable location for all such Metering Equipment.

7. Costs of Metering: The Producer will bear all costs of the Metering required by this Rule, including the incremental costs of operating and maintaining the Metering Equipment.

G. DISPUTE RESOLUTION PROCESS
The following procedures will apply for disputes arising from this Rule:

1. The City Council shall have jurisdiction to interpret, add, delete or modify any provision of this Rule or of any agreements entered into between MVU and the Producer to implement this Rate Schedule (“The Implementing Agreements") and to resolve disputes regarding MVU’s performance of its obligations under its rules, the applicable agreements, and requirements related to the Interconnection of the Producer’s Generating or Interconnection Facilities pursuant to this Rule.

2. The dispute shall be submitted in writing by the Producer to MVU. Authorized representatives from both Parties shall meet and confer to try to resolve the dispute.

If the Parties cannot resolve the dispute, the dispute will be submitted to the City Council for resolution. Their decision shall be final.

3. Pending resolution of any dispute under this Section, the Parties shall proceed diligently with the performance of their respective obligations under this Rule and the Implementing Agreements, unless the Implementing Agreements have been terminated. Disputes as to the application and implementation of this Section shall be subject to resolution pursuant to the procedures set forth in this Section.

H. SYSTEM SIZING REQUIREMENTS

1. Residential Systems
a. 12 Months of Usage Data Exists
Residential Systems must be designed such that they do not produce more power than they consume on an annual basis. This means that the estimated output of the generating facility, using the CEC-AC nameplate rating for inverter-based generating facilities, must not exceed the customer’s previous annual usage in kWh.
b. 12 Months of Usage Data Does Not Exist
In the event that there is less than 12 months of previous recorded usage data, the following equation will be used to determine the maximum allowable CECAC nameplate rating for the inverter-based generating facility in watts:

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Resolution No. 2023-XX Date Adopted: May 16, 2023
82 1692 x [Number of Dwelling Units] + 0.75 x [Dwelling conditioned floor area in square feet]
c. Electric Vehicle Usage Calculation Proration
If the customer enrolls in the Electric Vehicle Off-Peak Charging Discount Program, they can prorate their calculated usage or maximum allowable system size as follows:
i. The number of months that will be used to estimate the prorated usage from the electric vehicle shall be calculated as:

Number of Months = 12 – [number of months the vehicle has been registered to the customer at the address]
If the Number of Months is calculated to be negative, no proration will be allowed.
ii. If the customer has 12 months of recorded usage data, the following equation will be used to determine their annual usage in kWh:
iii. [Customer’s previous annual usage in kWh] + 500 kWh x Number of Months
iv. If the customer has less than 12 months of recorded usage data, the following equation will be used to determine the maximum allowable CEC-AC nameplate rating for the inverter-based generating facility in watts:
1692 x [Number of Dwelling Units] + 0.75 x [Dwelling conditioned floor area in square feet] + 170 x Number of Months

2. Commercial or Industrial Systems
a. Expedited Interconnection
The estimated output of the Generating Facility must not exceed 50% of the customer’s verified annual minimum daytime load. If there is less than 12 months of previous recorded usage data, the maximum allowable size in watts will be determined by MVU through Supplemental Review.
b. Supplemental Review Required
Supplemental review will be required if the customer intends to install a generating facility that exceeds 50% of the customer's verified annual minimum daytime load. Supplemental review will fall into two categories:

1. Generating facilities sized up to 100% of minimum daytime load with the installation of non-export relays which are deeded to MVU at the completion of installation.

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Resolution No. 2023-XX Date Adopted: May 16, 2023
83 2. Generating facilities sized up to 100% of annual usage with the purchase and deeding of utility scale batteries to MVU. The batteries will be sized to account for at least 50% of the instantaneous load of the generating facility.

This size will be rounded up to the nearest 250kW size.

If there is less than 12 months of previous recorded usage data, the maximum allowable size in watts of the generation system and amount of required storage will be determined by MVU during the Supplemental Review process.

I. APPLICATION AND INTERCONNECTION PROCESS

1. Application Process
a. Applicant Initiates Contact with MVU. Upon request, MVU will provide information and documents (such as requirements, Application, technical information, listing of Certified Equipment, Initial and Supplemental Review deposit information, applicable tariff schedules, Metering requirements and Rules) to a potential Applicant. Unless otherwise agreed upon, all such information shall normally be sent to an Applicant within three (3) business days following the initial request from the Applicant. MVU will establish an individual representative as the single point of contact for the Applicant but may allocate responsibilities among its staff to best coordinate the Interconnection of an Applicant’s Generating Facility.
b. Applicant Completes an Application: All Applicants shall complete and file an Application and supply any relevant additional information requested by MVU. Application Fees will be determined in accordance with the fee schedule.
i. Normally, within 10 business days of receiving the Application, MVU shall acknowledge its receipt and state whether the Application has been completed adequately. If defects are noted, MVU and Applicant shall cooperate in a timely manner to establish a satisfactory Application. ii. Fifty Percent of the deposit associated with the Initial Review will be returned to the Applicant if the Application is rejected by MVU exactly as submitted or the Applicant retracts the Application. iii. The Applicant may propose and MVU may negotiate specific costs for processing non-standard applications such as multi-units, multi-sites, or otherwise as conditions warrant. The fees for the Initial Review and Supplemental Review contained in the fee schedule do not apply in these situations.

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Resolution No. 2023-XX Date Adopted: May 16, 2023
84 iv. Applications that are over one year old (from the date of MVU’s acknowledgement) without a completed application, or a Generating Facility that has not been approved for parallel operation within one year of completion of all applicable review and/or studies are subject to cancellation by MVU; however, MVU may not cancel an Application if the Producer provides reasonable evidence that the project is still active. c. MVU Performs Expedited or Supplemental Review
i. Upon receipt of a satisfactorily completed Application and any additional information necessary to evaluate the Interconnection of a Generating Facility, MVU shall perform an Initial Review using the process defined in Section I. The Initial Review determines if: (a) the Generating Facility qualifies for Simplified Interconnection; or (b) the Generating Facility requires a Supplemental Review.
ii. MVU shall complete its Initial Review, absent any extraordinary circumstances, within 10 business days after its determination that the Application is complete. If the Initial Review determines the proposed Generating Facility can be Interconnected by means of a Simplified Interconnection, MVU will provide the Applicant with an Interconnection Authorization.
iii. If the Generating Facility does not pass the Initial Review for Simplified Interconnection as proposed, MVU will notify the applicant and perform a Supplemental Review as described in Section I. Applicant shall pay an additional fee for the Supplemental Review, unless the Application is withdrawn. The Supplemental Review will result in MVU providing either: (a) Interconnection requirements beyond those for a Simplified Interconnection, and an Interconnection Authorization; or (b) a cost estimate and schedule for an Interconnection Study. The Supplemental Review shall be completed, absent any extraordinary circumstances, within 20 business days of receipt of a completed Application and fees.

2. Interconnection Process
a. Applicant shall comply with the Interconnection Requirements as stated in this Rule. MVU shall review with the Applicant all requirements for Interconnection and Net Energy Metering appropriate for the Applicant’s Generating Facility and desired mode of operation. These requirements are detailed in Electric Rule 21A, Interconnection Rules, Terms & Conditions.

Electric Rule 21A sets forth MVU’s and the Applicant’s responsibilities, completion schedules, and fixed price or estimated costs for the required work.

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Resolution No. 2023-XX Date Adopted: May 16, 2023
85 b. Where Applicable (for commercial systems greater than 1MW), MVU or Producer Installs Required Interconnection Facilities or Modifies MVU’s Distribution System. After executing the applicable agreements, MVU or Producer will commence construction/ installation of MVU’s Distribution System modifications or Interconnection Facilities which have been identified in the agreement and application. The parties will use good faith efforts to meet schedules and estimated costs as appropriate.
c. Producer Arranges for and Completes Commissioning Testing of Generating Facility and Producer’s Interconnection Facilities. The Producer is responsible for testing new Generating Facilities and associated Interconnection Facilities according to Section J.5 to ensure compliance with the safety and reliability provisions of this Rule prior to being operated in parallel with MVU’s Distribution System. For non-Certified Equipment, the Producer shall develop a written testing plan to be submitted to MVU for its review and acceptance.

Alternatively, the Producer and MVU may agree to have MVU conduct the required testing at the Producer’s expense. Where applicable, the test plan shall include the installation test procedures published by the manufacturer of the generation or Interconnection equipment. Facility testing shall be conducted at a mutually agreeable time, and depending on who conducts the test, MVU or Producer shall be given the opportunity to witness the tests. d. MVU Authorizes Parallel Operation or Momentary Parallel Operation. MVU shall authorize the Producer’s Generating Facility for Parallel Operation or Momentary Parallel Operation with MVU’s Distribution System, in writing, within 5 calendar days of satisfactory compliance with the terms of all applicable Rules. Compliance may include, but not be limited to, provision of any required documentation and satisfactorily completing any required inspections or tests as described herein or in the agreements formed between the Producer and MVU. A Producer shall not commence Parallel Operation of its Generating Facility with MVU’s system unless it has received MVU’s express written permission to do so.
e. For Net Energy Metering Generating facilities, MVU authorization for Parallel Operation shall normally be provided no later than 30 business days following MVU’s receipt of 1) a completed Net Energy Metering Application including all supporting documents and required payments; 2) a completed signed Net Energy Metering Interconnection Agreement; and 3) evidence of the Producer’s final inspection clearance from the governmental authority having jurisdiction over the Generating Facility. If the 30-day period cannot be met, the MVU shall notify the Applicant and the Commission.

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Resolution No. 2023-XX Date Adopted: May 16, 2023
86 J. REVIEW PROCESS FOR APPLICATIONS TO INTERCONNECT

GENERATION FACILITIES

1. Introduction
This Review Process allows for rapid approval for the interconnection of those Generating Facilities that do not require an Interconnection Study. The review process includes a screening to determine if a Supplemental Review is required.

Note: Failure to pass any step of the review process means only that further review and/or studies are required before the Generating Facility can be approved for Interconnection with MVU’s Distribution System. It does not mean that the Generating Facility cannot be Interconnected. Though not explicitly covered in the Initial Review Process the Generating Facility shall be designed to meet all of the applicable requirements in Section D.

2. Purpose
The review determines the following:
a. If a Generating Facility qualifies for Simplified Interconnection; b. If a Generating Facility can be made to qualify for Interconnection with a Supplemental Review determining any additional requirements; or c. If an Interconnection Study is required, the cost estimate and schedule for performing the Interconnection Study.

3. Review Process:
a. If the Application has sufficient data and the design meets the size restrictions for Residential Service, or Expedited Interconnection for Commercial or Industrial Service per Section H. The application qualifies for Simplified Interconnection.
b. If the Application is requesting service under any of the additional authorized uses, MVU will perform Supplemental Review to provide feedback to the Applicant for next steps to follow in the Interconnection Process.

K. CERTIFICATION AND TESTING CRITERIA

1. INTRODUCTION
This Section describes the test procedures and requirements for equipment used for the Interconnection of Generating Facilities to MVU’s Distribution System.

Included are Type Testing, Production Testing, Commissioning Testing and Periodic Testing. The procedures listed rely heavily on those described in appropriate Underwriters Laboratory (UL), Institute of Electrical and Electronic Engineers (IEEE), and International Electrotechnical Commission (IEC) documents—most notably UL 1741 and IEEE 929, as well as the testing described in May 1999 New York State Public Services Commission Standardized A.16.b
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Interconnection Requirements. As noted in Section A, this rule has been revised to be consistent with ANSI/IEEE 1547-2003 Standard for Interconnecting Distributed Resources with Electric Power Systems.

The tests described here, together with the technical requirements in Section D of this Rule, are intended to provide assurance that the Generating Facility’s equipment will not adversely affect MVU’s Distribution System and that a Generating Facility will cease providing power to MVU’s Distribution System under abnormal conditions. The tests were developed assuming a low level of Generating Facility penetration or number of connections to MVU’s Distribution System. At high levels of Generating Facility penetration, additional requirements and corresponding test procedures may need to be defined.

Section J also provides criteria for “Certifying” Generators or inverters. Once a Generator or inverter has been Certified per this Rule, it may be considered suitable for Interconnection with MVU’s Distribution System. Subject to the exceptions described in Section J, MVU will not repeat the design review or require retesting of such Certified Equipment. It should be noted that the Certification process is intended to facilitate Generating Facility Interconnections. Certification is not a prerequisite to interconnect a Generating Facility.

The revisions made to this rule relative to IEEE 1547-2003 have resulted in changes in set points, test criteria, test procedures, and other requirements that will impact previously certified or listed equipment as well as equipment currently under evaluation. These changes were made to provide consistency with IEEE 1547.

Equipment that is certified or that has been submitted to a Nationally Recognized Testing Laboratory (NRTL) for testing prior to the adoption of the revised Underwriters Laboratories (UL) 1741 titled Inverters, Converters, Controllers and Interconnection Systems Equipment for use with Distributed Energy Resources and that subsequently meet the provisions Rule 21 certification requirements will continue to be accepted as Certified Equipment for Interconnection Applications submitted through May 7, 2007, the effective date of the revised UL 1741. [this change will be incorporated by Advice Letter in Dec. 2005]

2. CERTIFIED AND NON-CERTIFIED INTERCONNECTION EQUIPMENT a. Certified Equipment
Equipment tested and approved (e.g., “Listed”) by an accredited NRTL as having met both the Type Testing and Production Testing requirements described in this document is considered to be Certified Equipment for purposes of Interconnection with MVU’s Distribution System. Certification may apply to either a pre-packaged system or an assembly of components that address the necessary functions. Type Testing may be done in the manufactures’ factory or test laboratory, or in the field. At the discretion of the testing laboratory, field-certification may apply only to the particular A.16.b
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installation tested. In such cases, some or all of the tests may need to be repeated at other installations.

When equipment is certified by a NRTL, the NRTL shall provide to the manufacturer, at a minimum, a Certificate with the following information for each device:

Administrative:
1) The effective date of Certification or applicable serial number (range or first in series), and/or other proof that Certification is current; 2) Equipment model number(s) of the Certified Equipment; 3) The software version utilized in the equipment, if applicable; 4) Test procedures specified (including date or revision number); and 5) Laboratory accreditation (by whom and to what standard).

Technical (as appropriate):
1) Device ratings (kW, kVA, Volts, Amps, etc.);
2) Maximum available fault current in Amps;
3) In-rush Current in Amps;
4) Trip points, if factory set (trip value and timing); 5) Trip point and timing ranges for adjustable settings; 6) Nominal power factor or range if adjustable;
7) If the equipment is Certified for Non-Exporting and the method used (reverse power or under power); and
8) If the equipment is Certified Non-Islanding.

It is the responsibility of the equipment manufacturer to ensure that Certification information is made publicly available by the manufacturer, the testing laboratory or by a third party.
b. Non-Certified Equipment
For non-Certified Equipment, some or all of the tests described in this Rule may be required by MVU for each Generating Facility and/or Interconnection Facilities. The manufacturer or a laboratory acceptable to A.16.b
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MVU may perform these tests. Test results for Non-Certified Equipment must be submitted to MVU for the Supplemental Review. Approval by MVU for equipment used in a particular Generating Facility and/or Interconnection Facilities does not guarantee MVU’s approval for use in other Generating Facility and/or Interconnection Facilities.

3. TYPE TESTING
a. Type Tests and Criteria for Interconnection Equipment Certification. Type Testing provides a basis for determining that equipment meets the specifications for being designated as Certified Equipment under this Rule.

The requirements described in this Section cover only issues related to Interconnection and are not intended to address equipment safety or other issues.

Table J.1. defines the test criteria by Generator or inverter technology.

While UL 17411 was written specifically for inverters, the requirements are readily adaptable to synchronous Generators, induction Generators, as well as single/multi-function controllers and protection relays. Until a universal test standard is developed, MVU or NRTL shall adapt the procedures referenced in Table J.1 as appropriate and necessary for a Generating Facility and/or Interconnection Facilities or associated equipment performance and its control and Protective Functions. The tests shall be performed in the sequence shown in Table J.2 below.

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Resolution No. 2023-XX Date Adopted: May 16, 2023
90 Table J.1 Type Tests and Requirements for Interconnection Equipment Certification Type Test Reference (1) Inverter Synchronous
Generator
Induction
Generator
Utility Interaction UL 1741 – 39 X X X
DC Isolation UL 1741 – 40.1 X - -
Simulated PV Array (Input)
Requirements
UL 1741 – 41.2 X - -
Dielectric Voltage Withstand UL 1741 – 44 X X X
Power Factor UL 1741 –

45.2.2 X X X
Harmonic Distortion UL 1741 – 45.4 X X X
DC Injection UL 1741 – 45.5 X - -
Utility Voltage and Frequency
Variation
UL 1741 – 46.2 X X X
Reset Delay UL 1741 –

46.2.3 X X X
Loss of Control Circuit UL 1741 – 46.4 X X X
Short Circuit UL 1741 – 47.3 X X X
Load Transfer UL 1741 – 47.7 X X X
Surge Withstand Capability J.3.e X X X
Anti-Islanding J.3.b (2) (2) (2)
Non-Export J.3.c (3) (3) (3)
In-rush Current J.3.d - - (4)
Synchronization J.3.f (5) X (5)
Table Notes: (1) References are to section numbers in either UL 1741 (Inverters, Converters and Charge Controllers for use in Independent Power Systems) or this Rule. References in UL 1741 to “photovoltaics” or “inverter” may have to be adapted to the other technologies by the testing laboratory to appropriately apply in the tests to other technologies. (2) Required only if Non-Islanding designation
(3) Required only if Non-Export designation is desired. (4) Required for Generators that use MVU power to motor to speed. (5) Required for all self-excited induction Generators as well as Inverters that operate as voltage sources when connected to MVU’s Distribution System.

X = Required , - = Not Required
Table J.2 Type Tests Sequence for Interconnection Equipment Certification Test No.

5.1.3.2). The location/exposure category for which the equipment has been tested shall be clearly marked on the equipment label or in the equipment documentation. External surge protection may be used to protect the equipment in harsher location/exposure categories.
f. Synchronization Test
This test is applied to synchronous Generators, self-excited induction generators, and inverters capable of operating as voltage-source while connected to MVU’s Distribution System. The test is also applied to the resynchronization Function (transition from stand-alone to parallel operation) on equipment that provides such functionality. This test may not need to be performed on both the synchronization and re-synchronization functions if the manufacturers can verify to the satisfaction of the testing organization that monitoring and controls hardware and software are common to both functions. This test is not necessary for induction generators or current-source inverters. Instead, the ln-rush Current test Section J.3.d shall be applied to those generators.

This test shall demonstrate that at the moment of the paralleling-device closure, all three synchronization parameters in Table J.3 are within the stated limits.

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This test shall also demonstrate that if any of the parameters are outside of the limits stated in the table, the paralleling-device shall not close (IEEE 1547-

5.1.2A). The test will start with only one of the three parameters: (1) voltage difference between Generating Facility and MVU’s Distribution System; (2) frequency difference; or (3) phase angle outside of the synchronization specification. Verify that the Generating Facility is brought within specification prior to synchronization. Repeat the test five times for each of the three parameters. For manual synchronization with synch check or manual control with auto synchronization, the test must verify that paralleling does not occur until the parameters are brought within specifications.

Table J.3. Synchronization Parameter Limits [1]
Aggregate Rating
of Generator Units
(kVA)
Frequency
Difference
(∆f, Hz)
Voltage
Difference
(∆V, %)
Phase Angle
Difference
(∆φ,)
0-500
> 500-1,500
> 1,500-10,000

0.3 0.2

0.1 10
5 3
20 15
10 [1] – IEEE 1547-5.1.1B
g. Paralleling Device Withstand Test
The di-electric voltage withstand test specified in Section J.1 shall be performed on the paralleling device to ensure compliance with those requirements specified in Section D.1.c (IEEE 1547-5.1.3.3).

4. Production Testing
As a minimum, each interconnection system shall be subjected to the Utility Voltage and Frequency Variation Test procedure described in UL1741 under Manufacturing and Production Tests, Section 68 and the Synchronization test specified in Section J.3.f Interconnection systems with adjustable set points shall be tested at a single set of set points as specified by the manufacturer. This test may be performed in the factory or as part of a Commissioning Test (Section J.5.).

5. Commissioning Testing
a. Commissioning Testing, where required, will be performed on-site to verify protective settings and functionality. Upon initial Parallel Operation of a Generating Facility, or any time interface hardware or software is changed that may affect the functions listed below, a Commissioning Test must be performed. An individual qualified in testing protective equipment (professional engineer, factory–certified technician, or licensed electrician with experience in testing protective equipment) must perform Commissioning Testing in accordance with the manufacturer’s A.16.b
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recommended test procedure to verify the settings and requirements per this Rule.

MVU may require written Commissioning test procedure be submitted to MVE at least 10 working days prior to the performance of the Commissioning Test. MVU has the right to witness Commissioning Test, MVU may also require written certification by the installer describing which tests were performed and their results. Protective Functions to be tested during commissioning, particularly with respect to non-Certified equipment, may consist of the following:
(1) Over and under voltage
(2) Over and under frequency
(3) Anti-Islanding function (if applicable)
(4) Non-Exporting function (if applicable)
(5) Inability to energize dead line
(6) Time delay on restart after utility source is stable (7) Utility system fault detection (if used)
(8) Synchronizing controls (if applicable)
(9) Other Interconnection Protective Functions that may be required as part of the Interconnection Agreement
Commissioning Test shall include visual inspections of the interconnection equipment and protective settings to confirm compliance with the interconnection requirements.
b. Other checks and tests that may need to be performed include:
(1) Verifying final Protective Function settings
(2) Trip test (J.5.f)
(3) In-service tests (J.5.g)
c. Certified Equipment
Generating Facilities qualifying for Simplified Interconnection incorporate Certified Equipment that have, at a minimum, passed the Type Tests and Production Tests described in this Rule and are judged to have little or no potential impact on MVU’s Distribution System. For such Generating Facilities,
it is necessary to perform only the following tests:
(1) Protective Function settings that have been changed after Production Testing will require field verification. Tests shall be performed using injected secondary frequencies, voltages and currents, applied waveforms, at a test connection using a Generator to simulate abnormal utility voltage or frequency, or varying the set points to show that the device trips at the measured (actual) utility voltage or frequency.

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Resolution No. 2023-XX Date Adopted: May 16, 2023
94 (2) The Non-Islanding function shall be checked by operating a load break disconnect switch to verify the Interconnection equipment ceases to energize MVU’s Distribution System and does not reenergize it for the required time delay after the switch is closed. (3) The Non-Exporting function shall be checked using secondary injection techniques. This function may also be tested by adjusting the Generating Facility output and local loads to verify that the applicable Non-Exporting criteria (i.e., reverse power or underpower) are met.

The Supplemental Review or an Interconnection Study may impose additional components or additional testing.
d. Non-Certified Equipment
Non-certified Equipment shall be subjected to the appropriate tests described in Type Testing (Section J.3.) as well as those described in Certified Equipment Commissioning Tests (Section J.5.c.). With MVU’s approval, these tests may be performed in the factory, in the field as part of commissioning, or a combination of both. MVU, at its discretion, may also approve a reduced set of tests for a particular Generating Facility or, for example, if it determines it has sufficient experience with the equipment.
e. Verification of Settings
At the completion of Commission testing, the Producer shall confirm all devices are set to MVU-approved settings. Verification shall be documented in the Commissioning Test Certification.
f. Trip Tests
Interconnection Protective Functions and devices (e.g. reverse power relays) that have not previously been tested as part of the Interconnection Facilities with their associated interrupting devices (e.g. contactor or circuit breaker) shall be trip tested during commissioning. The trip test shall be adequate to prove that the associated interrupting devices open when the protective devices operate.

Interlocking circuits between Protective Function devices or between interrupting devices shall be similarly tested unless they are part of a system that has been tested and approved during manufacturing.
g. In-service Tests
Interconnection Protective Functions and devices that have not previously been tested as part of the Interconnection Facilities with their associated instrument transformers or that are wired in the field shall be given an in-service test during commissioning. This test will verify proper wiring, polarity, CT/PT ratios, and proper operation of the measuring circuits. The in-service test shall be made with the power system energized and carrying a known level of current. A measurement shall be made of the magnitude and phase angle of each A.16.b
Packet Pg. 935 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Resolution No. 2023-XX Date Adopted: May 16, 2023
95 Exhibit A
Alternating Current (AC) voltage and current connected to the protective device and the results compared to expected values. For protective devices with builtin Metering Functions that report current and voltage magnitudes and phase angles, or magnitudes of current, voltage, and real and reactive power, the metered values may be used for in-service testing. Otherwise, portable ammeters, voltmeters, and phase-angle meters shall be used.

6. Periodic Testing
Periodic Testing of Interconnection-related Protective Functions shall be performed as specified by the manufacturer, or at least every four years. All Periodic Tests prescribed by the manufacturer shall be performed. The Producer shall maintain Periodic Test reports or a log for inspection by MVU. Periodic Testing conforming to MVU test intervals for the particular Line Section may be specified by MVU under special circumstances, such as high fire hazard areas. Batteries used to activate any Protective Function shall be checked and logged once per month for proper voltage.

Once every four years, the battery must be either replaced or a discharge test performed.

7. Type Testing Procedures Not Defined in Other Standards This Section describes the additional Type Tests necessary to qualify a device as Certified under this Rule. These Type Tests are not contained in Underwriters Laboratories UL 1741 Standard Inverters, Converters and Controllers for Use in Independent Power Systems, or other referenced standards.
a. Non-Exporting Test Procedures
The Non-Exporting test is intended to verify the operation of relays, controllers and inverters designed to limit the export of power and certify the equipment as meeting the requirements of Screen 2, Options 1 and 2, of the review process. Tests are provided for discrete relay packages and for controllers and inverters with the intended Functions integrated.
(1) Discrete Reverse Power Relay Test
This version of the Non-Exporting test procedure is intended for discrete reverse power and underpower relay packages provided to meet the requirements of Options 1 and 2 of Screen 2. It should be understood that in the reverse power application, the relay will provide a trip output with power flowing in the export (toward MVU’s Distribution System) direction.

Step 1: Power Flow Test at Minimum, Midpoint and Maximum Pickup Level Settings
Determine the corresponding secondary pickup current for the desired export power flow of 0.5 secondary watts (the minimum pickup setting, assumes 5 amp and 120V CT/PT secondary). Apply nominal voltage with minimum current setting at zero (0) degrees phase angle in the trip direction. Increase the current to pickup level.

Observe the relay’s (LCD or computer display) indication of power A.16.b
Packet Pg. 936 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Resolution No. 2023-XX Date Adopted: May 16, 2023
96 Exhibit A
values. Note the indicated power level at which the relay trips. The power indication should be within 2% of the expected power. For relays with adjustable settings, repeat this test at the midpoint, and maximum settings. Repeat at phase angles of 90, 180 and 270 degrees and verify that the relay does not operate (measured watts will be zero or negative).

Step 2: Leading Power Factor Test
Apply rated voltage with a minimum pickup current setting (calculated value for system application) and apply a leading power factor load current in the non-trip direction (current lagging voltage by 135 degrees). Increase the current to relay rated current and verify that the relay does not operate. For relays with adjustable settings, this test should be repeated at the minimum, midpoint, and maximum settings.

Step 3: Minimum Power Factor Test
At nominal voltage and with the minimum pickup (or ranges) determined in Step 1, adjust the current phase angle to 84 or 276 degrees. Increase the current level to pickup (about 10 times higher than at 0 degrees) and verify that the relay operates. Repeat for phase angles of 90, 180 and 270 degrees and verify that the relay does not operate.

Step 4: Negative Sequence Voltage Test
Using the pickup settings determined in Step 1, apply rated relay voltage and current at 180 degrees from tripping direction, to simulate normal load conditions (for three-phase relays, use Ia at 180, Ib at 60 and Ic at 300 degrees). Remove phase-1 voltage and observe that the relay does not operate. Repeat for phases-2 and 3.

Step 5: Load Current Test
Using the pickup settings determined in Step 1, apply rated voltage and current at 180 degrees from the tripping direction, to simulate normal load conditions (use Ia at 180, Ib at 300 and Ic at 60 degrees).

Observe that the relay does not operate.

Step 6: Unbalanced Fault Test
Using the pickup settings determined in Step 1, apply rated voltage and 2 times rated current, to simulate an unbalanced fault in the nontrip direction (use Va at 0 degrees, Vb and Vc at 180 degrees, Ia at 180 degrees, Ib at 0 degrees, and Ic at 180 degrees). Observe that the relay, especially single phase, does operate properly.

Step 7: Time Delay Settings Test
A.16.b
Packet Pg. 937 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Resolution No. 2023-XX Date Adopted: May 16, 2023
97 Exhibit A
Apply Step 1 settings and set time delay to minimum setting. Adjust the current source to the appropriate level to determine operating time, and compare against calculated values. Verify that the timer stops when the relay trips. Repeat at midpoint and maximum delay settings.

Step 8: Dielectric Test
Perform the test described in IMVU 414 using 2 kV RMS for 1 minute.

Step 9: Surge Withstand Test
Perform the surge withstand test described in IEEE C37.90.1.1989 or the surge withstand capability test described in J.3.e. (2) Discrete Underpower Relay Test
This version of the Non-Exporting test procedure is intended for discrete underpower relay packages and meets the requirements of Option 2 of Screen 2. A trip output will be provided when import power (toward the Producer’s load) drops below the specified level.

Note: For an underpower relay, pickup is defined as the highest power level at which the relay indicates that the power is less than the set level.

Step 1: Power Flow Test at Minimum, Midpoint and Maximum Pickup Level Settings
Determine the corresponding secondary pickup current for the desired power flow pickup level of 5% of peak load minimum pickup setting. Apply rated voltage and current at 0 (zero) degrees phase angle in the direction of normal load current. Decrease the current to pickup level. Observe the relay’s (LCD or computer display) indication of power values. Note the indicated power level at which the relay trips. The power indication should be within 2% of the expected power. For relays with adjustable settings, repeat the test at the midpoint, and maximum settings. Repeat at phase angles of 90, 180 and 270 degrees and verify that the relay operates (measured watts will be zero or negative).

Step 2: Leading Power Factor Test
Using the pickup current setting determined in Step 1, apply rated voltage and rated leading power factor load current in the normal load direction (current leading voltage by 45 degrees). Decrease the current to 145% of the pickup level determined in Step 1 and verify that the relay does not operate. For relays with adjustable settings, repeat the test at the minimum, midpoint, and maximum settings.

Step 3: Minimum Power Factor Test
A.16.b
Packet Pg. 938 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Resolution No. 2023-XX Date Adopted: May 16, 2023
98 Exhibit A
At nominal voltage and with the minimum pickup (or ranges) determined in Step 1, adjust the current phase angle to 84 or 276 degrees. Decrease the current level to pickup (about 10% of the value at 0 degrees) and verify that the relay operates. Repeat for phase angles 90, 180 and 270 degrees and verify that the relay operates for any current less than rated current.

Step 4: Negative Sequence Voltage Test
Using the pickup settings determined in Step 1, apply rated relay voltage and 25% of rated current in the normal load direction, to simulate light load conditions. Remove phase 1 voltage and observe that the relay does not operate. Repeat for Phases-2 and 3.

Step 5: Unbalanced Fault Test
Using the pickup settings determined in Step 1, apply rated voltage and two times rated current, to simulate an unbalanced fault in the normal load direction (use Va at 0 degrees, Vb and Vc at 180 degrees, Ia at 0 degrees, Ib at 180 degrees, and Ic at 0 degrees).

Observe that the relay (especially single-phase types) operates properly.

Step 6: Time Delay Settings Test
Apply Step 1 settings and set time delay to minimum setting. Adjust the current source to the appropriate level to determine operating time, and compare against calculated values. Verify that the timer stops when the relay trips. Repeat at midpoint and maximum delay settings.

Step 7: Dielectric Test
Perform the test described in IEC 414 using 2 kV RMS for 1 minute.

Step 8: Surge Withstand Test
Perform the surge withstand test described in IEEE C37.90.1.1989 or the surge withstand test described in Section J.3.e. (3) Tests for Inverters and Controllers with Integrated Functions Inverters and controllers designed to provide reverse or underpower functions shall be tested to certify the intended operation of this function.

Two methods are acceptable:

Method 1: If the inverter or controller utilizes external current/voltage measurement to determine the reverse or underpower condition, then the inverter or controller shall be functionally tested by application of appropriate secondary currents and potentials as described in the Discrete Reverse Power Relay Test, Section J.7.a.(1) of this Rule.

A.16.b
Packet Pg. 939 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Resolution No. 2023-XX Date Adopted: May 16, 2023
99 Exhibit A
Method 2: If external secondary current or voltage signals are not used, then unit-specific tests must be conducted to verify that power cannot be exported across the PCC for a period exceeding two seconds. These may be factory tests, if the measurement and control points are integral to the unit, or they may be performed in the field.
b. In-rush Current Test Procedures
This test will determine the maximum In-rush Current drawn by the Generator. (1) Locked-Rotor Method
Use the test procedure defined in NEMA MG-1 (manufacturer’s data is acceptable if available).
(2) Start-up Method
Install and setup the Generating Facility equipment as specified by the manufacturer. Using a calibrated oscilloscope or data acquisition equipment with appropriate speed and accuracy, measure the current draw at the Point of Interconnection as the Generating Facility starts up and parallels with MVU’s Distribution System. Startup shall follow the normal, manufacturerspecified procedure. Sufficient time and current resolution and accuracy shall be used to capture the maximum current draw within 5%. In-rush Current is defined as the maximum current draw from MVU during the startup process, using a 10-cycle moving average. During the test, the utility source, real or simulated, must be capable of maintaining voltage within +/- 5% of rated at the connection to the unit under test. Repeat this test five times. Report the highest 10-cycle current as the In-rush Current. A graphical representation of the time-current characteristic along with the certified In-rush Current must be included in the test report and made available to MVU.

A.16.b
Packet Pg. 940 Attachment: Rule 21 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit
B
Resolution No. 2023-XX Date Adopted: May 16, 2023 1
City of Moreno Valley
Electric Service Rules, Fees and Charges
A.16.c
Packet Pg. 941 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
2 Electric Rules, Fees and Charges - Table of Contents
ELECTRIC RULE 1—ADOPTION OF ELECTRIC RULES AND DEFINITIONS ........................... 4 ELECTRIC RULE 2—DESCRIPTION OF SERVICE...................................................................... 8 ELECTRIC RULE 3—APPLICATION FOR SERVICE.................................................................. 20 ELECTRIC RULE 4—CONTRACTS............................................................................................. 23 ELECTRIC RULE 5—SPECIAL INFORMATION REQUIRED ON FORMS................................. 24 ELECTRIC RULE 6—ESTABLISHMENT AND RE-ESTABLISHMENT OF CREDIT.................. 25 ELECTRIC RULE 7—DEPOSITS ................................................................................................. 26 ELECTRIC RULE 8—NOTICES.................................................................................................... 28 ELECTRIC RULE 9—RENDERING AND PAYMENT OF BILLS................................................. 30 ELECTRIC RULE 10—DISPUTED BILLS.................................................................................... 33 ELECTRIC RULE 11—DISCONTINUANCE AND RESTORATION OF SERVICE...................... 35 ELECTRIC RULE 12—RATES AND OPTIONAL RATES............................................................ 39 ELECTRIC RULE 13—TEMPORARY SERVICE.......................................................................... 40 ELECTRIC RULE 14—SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY ......... 41 ELECTRIC RULE 15—DISTRIBUTION LINE EXTENSIONS ...................................................... 42 ELECTRIC RULE 16—SERVICE EXTENSIONS.......................................................................... 47 ELECTRIC RULE 17—METER TESTS AND ADJUSTMENT OF BILLS FOR METER ERROR 57 ELECTRIC RULE 17.1– ADJUSTMENTS OF BILLING ERROR................................................. 59 ELECTRIC RULE 17.2— ADJUSTMENT OF BILLS FOR UNAUTHORIZED USE .................... 60 ELECTRIC RULE 21—GENERATING FACILITY INTERCONNECTIONS.......................................... 63 ELECTRIC RULE 21— GENERATING FACILITY INTERCONNECTIONS (OBSOLETE) ....... 100 ELECTRIC RULE 21A – GENERATION INTERCONNECTION RULES, TERMS AND CONDITIONS (OBSOLETE) ............................................................................................................................... 143 CHART OF CHARGES AND FEES ............................................................................................ 148 PLAN CHECKING and INSPECTION/TESTING FEES ............................................................. 150 A.16.c
Packet Pg. 942 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit
B
Resolution No. 2023-XX Date Adopted: May 16, 2023 3
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Packet Pg. 943 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
4 ELECTRIC RULE 1—ADOPTION OF ELECTRIC RULES AND DEFINITIONS These Electric Rules established by the City of Moreno Valley (“City”) and approved by the City Council are effective throughout the service area of the City of Moreno Valley’s Electric Utility.

All rules are subject to change. Copies of the rules currently in effect will be kept in the offices of the Electric Utility Division, Department of Public Works. Customers or others contemplating any expenditures or activities governed by these rules should assure themselves that they have the current version by contacting the Electric Utility Division. A copy of the current rates is also available on the City’s website – www.moval.org.

For the purpose of these rules, the following terms shall have the following meanings:

Applicant: A person, persons, firm, association, governmental agency, corporation or other entity that submits a request for electric service from the Utility and who will be responsible for all related charges.

Billing Demand: The load or demand used for computing charges under rate schedules based on the size of the Customer's load or demand. It may be connected load, the measured maximum demand, or a modification of either as provided for by the applicable rate schedule.

Billing Period: The time interval between two consecutive meter readings that are taken for billing purposes.

California Independent System Operator (CAISO): The California Independent System Operator Corporation, a nonprofit corporation that controls the transmission facilities of all participating transmission owners and dispatches certain generating units and loads. The CAISO is responsible for operation and control of the statewide transmission grid.

City Council: The City Council of the City of Moreno Valley, designated as the governing body of the Utility.

Commission: The Public Utilities Commission of the State of California, sometimes referred to as the Public Utilities Commission or the CPUC.

Connected Load: The sum of the nameplate-rated capacities of all of the Customer's equipment that can be connected to the Utility's lines at any one time as more completely described in the rate schedules.

Customer: The person, persons, firm, association, governmental agency, corporation or other concern that use, are entitled to use, or benefit from the use of electricity from the Utility.

Customer’s Mailing Address(es): The physical and/or electronic mailing address specified in a customer’s application or contract, or any other address subsequently given to the Utility by the customer, to which any bill, notice or other communication is to be mailed.

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Packet Pg. 944 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
5 Customer Services: The Utility’s staff assigned to handle customer requests and establish new service.

Date of Presentation: The date upon which a bill or notice is mailed or delivered by the Utility to the Customer.

Distribution Line Extension: New distribution facilities of the Utility that are a continuation of, or branch from, the nearest available existing permanent Distribution Line (including any facility rearrangements and relocations necessary to accommodate the Distribution Line Extension) to the point of connection of the last service. SCE’s Distribution Line Extension includes transmission underbuilds and converting an existing single-phase line to three-phase in order to furnish threephase service to an Applicant, but excludes service transformers, meters and services.

Distribution Lines: Overhead pole lines and underground facilities consisting of conduit, wire and cable that are operated at distribution voltages, and which are designed to supply two (2) or more services.

Distribution System: Those distribution facilities owned, controlled, and operated by the Utility that are used to provide distribution service under the rules.

Electric Rules: Sheets which set forth the application of all rates, charges, and service when such applicability is not set forth in and as part of the rate schedules Electric Vehicle: An electric vehicle is any vehicle that utilizes electricity from external sources of electrical power, including the grid, for all or part of vehicles, vessels, trains, boats, or other equipment (e.g. aircraft, forklifts, port equipment) that are mobile sources of air pollution and greenhouse gasses. Types of electric vehicles include, but are not limited to, plug-in hybrid electric vehicles (PHEV), battery electric vehicles (BEV), electric golf carts, or neighborhood electric vehicles (NEV), transit buses, short-haul fleets and ground equipment supporting goods movement.

Electronic Record: A record created, generated, sent, communicated received, or stored by electronic means.

Electronic Signature: An electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.

Electronic Transfer: Paperless exchange of data and/or funds, usually involving computer and telecommunication technology.

Energy Diversion: Electricity being received by a Customer without registering through the meter due to either tampering with the meter or bypassing the meter.

HP: Horsepower.

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Packet Pg. 945 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
6 kVAR: Kilovar
kVARh: Kilovar-hour
kW: Kilowatt.
kWh: Kilowatt-hour.

Mailed: Any notice or other communication will be considered “mailed” when sent by electronic means or when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office box, postage prepaid.

Maximum Demand: The average kilowatts during the specified interval when the customer’s use is greatest in the billing period as indicated or recorded by the meter.

Meter: The instrument used for measuring the electricity delivered to the customer.

Metering Facilities: The necessary meter, instrument transformers, test facilities, data communication equipment, and other associated metering equipment.

Nominal Voltage: The nominal voltage of a circuit is the approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation. For any specific nominal voltage, the operating voltage actually existing at different points and times on the system will vary.

On-Site Facilities: On-site facilities include the facilities located on the Premises as well as those in adjacent rights-of-way, easements and a proportionate share of any facilities on adjacent property used to provide service to the Premises.

Paid or Payment: Funds received by the Utility through postal service, the Utility payment office, or deposited in a Utility account by Electronic Transfer.

Person: Any individual, partnership, corporation, public agency or other organization operating as a single entity.

Point of Delivery: The point where conductors of the Utility are connected to the conductors of the customer, regardless of the location of the Utility’s meters or transformers. The Utility conductors may be owned, leased, or under license by the Utility, and conductors of the customer may be owned, leased or under license by the customer.

Premises: All real property, buildings, and appurtenances upon an integral parcel of land undivided by a street, highway or other public thoroughfare.

Rate Schedule: May be one or more rate sheets setting forth the charges and conditions for a particular class or type of service in a given area or location. A rate schedule, as referred to herein, shall include all the wording on the applicable rate sheet or sheets, such as, but not limited to the A.16.c
Packet Pg. 946 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
7 following: Class of Service, Character or Applicability, Territory, Rates, Conditions, and reference to Rules.

Service Wires or Connection: The group of conductors connecting the service entrance conductors of the Customer to the Utility's supply line, regardless of the location of the Utility's meters or transformers.

Service Extension: The overhead and underground primary or secondary facilities (including, but not limited to the Utility-owned service facilities and Applicant-owned service facilities) extending from the point of connection at the Distribution Line to the Point of Delivery.

Utility: The City of Moreno Valley Electric Utility.

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Packet Pg. 947 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
8 ELECTRIC RULE 2—DESCRIPTION OF SERVICE
A. GENERAL

1. The type of service available at any particular location should be determined by inquiry at the Utility’s local office.

2. Alternating-current service will be regularly supplied at a frequency of approximately 60 Hertz (cycles per second).

3. In areas where a certain standard secondary voltage is presently being served to one or more Customers, an Applicant applying for new service in such areas may be required by the Utility to receive the same standard voltage supplied to existing Customers.

4. All electric service described in this rule is subject to the conditions in the applicable Rate Schedule and other pertinent rules.

5. It is the responsibility of the Applicant to ascertain and comply with the requirements of all governmental authorities having jurisdiction.

6. Service to a premise is normally established at one delivery point, through one meter, and at one voltage class. Other arrangements for service at multiple service delivery points, or for services at more than one voltage class, are permitted only where feasible and with the approval of the Utility. For purposes of this rule, distribution service voltage classes, delta or wye connected, are described as:
a. 12,000 volt nominal, three phase (3Ø) and lower
b. 6,930 volt nominal, single-phase, (1Ø) and lower

7. A.16.c
Packet Pg. 948 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
9 B. SERVICE DELIVERY VOLTAGES

1. Following are the standard service voltages normally available, although not all of them are or can be made available at each Point of Delivery:

Distribution Voltages
Single-phase
Secondary
Three-phase
Secondary Three-phase Primary
120/240, 3-wire 240/120, 4-wire 12,000, 3-wire
120/208, 3-wire* 480/277, 4-wire 2400, 3 wire*
208Y/120, 4-wire 4,160, 3-wire*
4,160Y/2,400, 4-wire*
12,000Y/6,930, 4-wire*
*Limited Availability.

2. All voltages referred to in this rule and appearing in some rate schedules are nominal service voltages at the Point of Delivery. The Utility’s facilities are designed and operated to provide sustained service voltage at the Point of Delivery, but the voltage at a particular Point of Delivery, at a particular time, will vary within fully satisfactory operating range limits established in Section C.

3. The Point of Delivery and point of metering will normally be at the same voltage and within close proximity to each other. When the Utility determines it is not feasible for the Point of Delivery and point of metering to be at the same voltage and within close proximity to each other, the demand and energy meter readings used in determining the charges will be adjusted to correct for transformation and line losses.

A.16.c
Packet Pg. 949 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
10 C. VOLTAGE AND FREQUENCY CONTROL

1. CUSTOMER SERVICE VOLTAGES
a. Under all normal load conditions, the Utility’s distribution circuits will be operated so as to maintain secondary service voltage levels to Customers within the service voltage ranges specified below:

Nominal Two-Wire
and Multi-Wire
Service Voltage
Minimum Voltage to
All Services
Maximum Service
Voltage on All
Services
120 114 126
208 197 218
240 228 252
277 263 291
480 456 504
The Utility’s distribution voltage will be regulated to the extent practicable to maintain service voltage on distribution circuits within the minimum and maximum voltages specified above.
b. Exceptions to Voltage Limits. Voltage may be outside the limits specified when the variations:
1) Arise from the temporary action of the elements.
2) Are infrequent momentary fluctuations of a short duration 3) Arise from service interruptions.
4) Arise from temporary separation of parts of the system from the main system. 5) Are from causes beyond the control of the Utility, and which may be sustained duration.
c. Where the operation of the Applicant’s equipment requires unusually stable voltage regulation or other stringent voltage control beyond that supplied by the Utility in the normal operation of its system, the Applicant, at his own expense, is responsible for installing, owning, operating, and maintaining any special or auxiliary equipment on the load side of the service delivery point as deemed necessary by the Applicant.
d. The Applicant shall be responsible for designing and operating his service facilities between the Point of Delivery and the utilization equipment to maintain proper utilization voltage at the line terminals of the utilization equipment.

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Packet Pg. 950 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
11 2. CUSTOMER UTILIZATION VOLTAGES
a. All Customer-owned utilization equipment must be designed and rated in accordance with the following utilization voltages specified by the American National Standard Institute C84.1 if Customer equipment is to give fully satisfactory performance:

Nominal Utilization
Voltage
Minimum Utilization
Voltage
Maximum
Utilization Voltage
120 110 125
208 191 216
240 220 250
277 254 289
480 440 500
Minimum utilization voltages from ANSI C84.1 are shown for Customer information only as the Utility has no control over voltage drop in Customer’s wiring.

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Packet Pg. 951 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
12 D. GENERAL LOAD LIMITATIONS

1. SINGLE-PHASE SERVICE
Single-phase service normally will be three-wire, 120/240 volts where the size of any single motor does not exceed 7.5 horsepower (10 horsepower at the option of the Utility). For any single-phase service, the maximum demand as determined by the Utility is limited to the capability of a 100-kVA transformer and 400 amp main disconnect unless otherwise approved by the Utility. If the load requires a transformer installation in excess of 100 kVA, the standard service will be three-phase.

2. THREE-PHASE SERVICE (LESS THAN 600 VOLTS)
a. Secondary service from underground primary distribution systems (where the Utility maintains existing 3-phase primary circuits):

Nominal Voltage Minimum Load Maximum
Demand
208Y/120, 4-wire Demand load justifies a 75
kVA transformer
1,500 kVA
480Y/277, 4-wire Demand load justifies a 75
kVA transformer
3,000 kVA
b. Where three-phase service is supplied, the Utility reserves the right to use singlephase transformers connected open-delta or closed-delta, or three-phase transformers.
c. Three-phase service will be supplied on request for installations aggregating less than the minimums listed above where existing transformer capacity is available and approved by the Utility.
d. Three-phase metering for one service voltage supplied to installations on one premise at one delivery location normally is limited to a maximum of a 4,000 ampere service rating. Metering for larger installations, or installations having two (2) or more service switches with a combined rating in excess of 4,000 amperes, or service for loads in excess of the maximum demand load permitted, may be installed provided approval of the Utility has been first obtained as to the number, size, and location of switches, circuits, transformers and related facilities. Service supplied to such approved installations in excess of one 4,000 ampere switch or breaker at one service delivery point may be totalized for billing purposes.

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Packet Pg. 952 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
13 3. THREE-PHASE SERVICE (OVER 600 VOLTS)
a. The following are three-phase voltages that may be transformed from higher existing primary distribution voltages and provided only as isolated services for a single Applicant where the Applicant’s demand load justifies, as determined by the Utility, the installation of the minimum size transformer bank used by the Utility:

Nominal Voltage Minimum Size
Bank Installed
Maximum Demand
Load Permitted
4,160* 500 kVA 5,000 kVA
12,000 500 kVA 12,000 kVA
*Limited Availability.
b. For its operating convenience and necessity, the Utility may elect to supply an Applicant whose demand load is in excess of 2,000 kVA from a substation on the Applicant’s Premises supplied from a transmission source. c. City reserves the right to change its distribution or transmission voltage to another standard service voltage when, in its judgment, it is necessary or advisable for economic reasons or for proper service to its Customers. Where a Customer is receiving service at the voltage being changed, the Customer then has the option to:
(1) accept service at the new voltage,
(2) accept service at the secondary side of an additional stage of transformation to be supplied by the Utility at a location on the Customer’s Premises in accordance with the Utility’s requirements, or
(3) contract with the Utility for an additional stage of transformation to be installed as Special Facilities (including any fees as determined by the Utility) under the provisions of Section I, below, whereby the Customer will be considered as accepting service at the primary side of the additional stage of transformation. Metering not relocated to the primary side of the additional stage of transformation will be subject to a transformer loss adjustment as determined by the Utility.

The option to contract with the Utility for an additional stage of transformation (option 3, above) is available only once in conjunction with a change in standard voltage by the Utility.

A.16.c
Packet Pg. 953 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
14 4. LOAD BALANCE
The Applicant must balance his demand load as nearly as practicable between the two sides of a three-wire single-phase service and between all phases of a three-phase service. Loads on three-phase service must be balanced between phases in accordance with good engineering practice.

E. PROTECTIVE DEVICES

1. It shall be the Applicant’s responsibility to furnish, install, inspect and keep in good and safe condition at his own risk and expense, all appropriate protective devices of any kind or character, which may be required to properly protect the Applicant’s facilities. The Utility shall not be responsible for any loss or damage occasioned or caused by the negligence, or wrongful act of the Applicant or of any of its agents, employees or licensees in omitting, installing, maintaining, using, operating or interfering with any such protective devices.

2. It shall be the Applicant’s responsibility to select and install such protective devices as may be necessary to coordinate properly with the Utility’s protective devices to avoid exposing other Customers to unnecessary service interruptions.

3. It shall be the Applicant’s responsibility to equip their three-phase motor installations with appropriate protective devices, or use motors with inherent features, to completely disconnect each such motor from its power supply, in accordance with the National Electrical Code, giving particular consideration to the following:
a. Protection in each set of phase conductors to prevent damage due to overheating in the event of overload.
b. Protection to prevent automatic restarting of motors or motor driven machinery, which has been, subjected to a service interruption and, because of the nature of the machinery itself or the product it handles, cannot safely resume operation automatically.
c. Open-phase protection to prevent damage due to overheating in the event of loss of voltage on one phase.
d. Reverse-phase protection where appropriate to prevent uncontrolled reversal of motor rotation in the event of accidental phase reversal. (Appropriate installations would include, but are not limited to, motors driving elevators, hoists, tramways, cranes, pumps, conveyors, etc.)

4. The available short-circuit currents vary from one location to another, and also depends on available generation, condition of the system loads, and the ultimate design characteristics of the Utility’s supply and service facilities. Consult the Utility for the ultimate maximum short-circuit current at each service termination point.

A.16.c
Packet Pg. 954 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
15 5. Where an Applicant proposes to use a ground-fault sensing protective system which would require special Utility-owned equipment, such a system may be installed only where feasible and with written approval of the Utility.

6. Any non-Utility-owned emergency standby or other generation equipment that can be operated to supply power to facilities that are also designed to be supplied from the Utility’s system shall be controlled with suitable protective devices by the Applicant to prevent parallel operation with the Utility’s system in a fail-safe manner, such as the use of a double-throw transfer switch to disconnect all conductors, except where there is a written agreement or service contract with the Utility permitting such parallel operation.

F. INTERFERENCE WITH SERVICE

1. GENERAL
The Utility reserves the right to refuse to serve new loads or to discontinue supply to existing loads of a size or character that may be detrimental to the Utility’s operations or to the service of its Customers. Any Customer who operates or plans to operate any equipment such as, but not limited to, pumps, welders, saw mill apparatus, furnaces, compressors or other equipment where the use of electricity is intermittent, causes intolerable voltage fluctuations, or otherwise causes intolerable service interference, must reasonably limit such interference or restrict the use of such equipment upon request by the Utility. The Customer is required either to provide and pay for whatever corrective measures are necessary to limit the interference to a level established by the Utility as reasonable, or avoid the use of such equipment, whether or not the equipment has previously caused interference.

2. HARMFUL WAVE FORM
Customer shall not operate equipment that superimposes a current of any frequency or waveform upon the Utility’s system, or draws current from the Utility’s system at a harmful waveform, which causes interference with the Utility’s operations, or the service to other Customers, or inductive interference to communication facilities.

3. CUSTOMER’S RESPONSIBILITY
Any Customer causing service interference to others must diligently pursue and take corrective action after being given notice and a reasonable time to do so by the Utility.

If the Customer does not take corrective action in the time set, or continues to operate the equipment causing the interference without restriction or limit, the Utility may, without liability, after giving five (5) days written notice to Customer, either install and activate control devices on its facilities that will temporarily prevent the detrimental operation, or discontinue electric service until a suitable permanent solution is provided by the Customer and it is operational.

4. MOTOR STARTING CURRENT LIMITATIONS
A.16.c
Packet Pg. 955 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
16 a. The starting of motors shall be controlled by the Customer as necessary to avoid causing voltage fluctuations that will be detrimental to the operation of the Utility’s distribution or transmission system, or to the service of any of the Utility’s customers.

Nominal Voltage and
Phase
Maximum Rated Motor Size
120V 1Ø 1 HP
208V 1Ø 7.5 HP
240V 1Ø 7.5 HP
208V 3Ø 40 HP
240V 3Ø 40 HP
480V 3Ø 75 HP
For motors rated over 75 HP the customer needs to consult with the Utility. b. If the starting current for a single motor installation exceeds the value listed for Class C or better (per National Electrical Code Section 430) and the resulting voltage disturbance causes or is expected to cause detrimental service to others, reduced voltage starters or other suitable means must be employed, at the Customer’s expense, to limit the voltage fluctuations to a level equivalent to a Class C motor.
c. Where service conditions permit, subject to the Utility’s approval, motor starters may be deferred in the original installation. The Utility may later order the installation of a suitable starter or other devices when it has been determined that the operation of the Customer’s motors interfere with service to others. Also, the Utility may require starting current values lower than those set forth herein where conditions at any point on its system require such reduction to avoid interference with service to other Customers.
d. Starters may be omitted on the smaller motors of a group installation when their omission will not result in a starting current in excess of the allowable starting current of the largest motor of the group. Where motors start simultaneously, they will be treated as a single unit equal to the sum of their individual starting currents.
e. The Utility may limit the maximum size and type of any motor that may be operated at any specific location on its system to that which will not be detrimental to the Utility’s system operations or to the service of its customers, as determined by the Utility.
f. For installations of motors where the equipment is started automatically by means of float, pressure, or thermostat devices, such as with pumps or wind machines for frost protection, irrigation pumps or other similar installations, the Utility may require the Customer to install, at his own expense and in accordance with the Utility’s operating requirements, suitable preset time-delay devices to stagger the A.16.c
Packet Pg. 956 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
17 automatic connection of load to the supply system and to prevent simultaneous start-up for any reason.

G. POWER FACTOR
The Utility may require the customer to provide, at their own expense, equipment to increase the operating power factor of their equipment, as seen at the Point of Delivery, to not less than 90%, lagging or leading.

I. SPECIAL FACILITIES

1. The Utility normally installs only those standard facilities, which it deems are necessary to provide regular service in accordance with the Electric Rules. Where the Applicant requests the Utility to install Special Facilities and the Utility agrees to make such an installation, the additional costs thereof shall be borne by the Applicant, including such continuing ownership costs as may be applicable.

2. Special Facilities are: (a) facilities requested by an Applicant which are in addition to or in substitution for standard facilities which the Utility would normally provide for delivery of service at one point, through one meter, at one voltage class under its Electric Rules, or (b) a pro rata portion of the facilities requested by an Applicant, allocated for the sole use of such Applicant, which would not normally be allocated for such sole use. Unless otherwise provided by the Utility’s rate schedules, Special Facilities will be installed, owned and maintained by the Utility as an accommodation to the Applicant only if acceptable for operation by the Utility, and the reliability of service to the Utility’s other customers is not impaired and Applicant funds construction and pays incremental costs.

3. Special Facilities will be installed under the terms and conditions of a contract in the form on file with the Utility. Such contract will include, but is not limited to, the following terms and conditions:
a. Where new facilities are to be installed for Applicant’s use as Special Facilities, the Applicant shall advance to the Utility the estimated additional installed cost of the Special Facilities over the estimated cost of standard facilities. At the Utility’s option, the Utility may finance the new facilities.

J. WELDER SERVICE

1. RATING OF WELDERS
Electric welders will be rated for billing purposes as follows:
a. MOTOR-GENERATOR ARC WELDERS - The horsepower rating of the motor driving a motor-generating type arc welder will be taken as the horsepower rating of the welder.

A.16.c
Packet Pg. 957 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
18 b. TRANSFORMER ARC WELDERS - Nameplate maximum kVA input (at rated output amperes) will be taken as the rating of transformer type arc welders. c. RESISTANCE WELDERS - Resistance welder ratings will be determined by multiplying the welder transformer nameplate rating (at 50 percent duty cycle) by the appropriate factor listed below:

TYPE OF WELDER

TRANSFORMER

NAMEPLATE
RATING @ 50% Duty
Cycle**
FACTOR Utility
Owned
Distribution
Transformer

1. Rocker Arm, Press
or Projection Spot 20 kVA or less 0.60

2. Rocker Arm, Press
Spot Project Spot
Flash or Butt Seam
or Portable Gun
Over 20 kVA
21 to 75 kVA, inclusive
100 kVA or over
All sizes

0.80 3. Flash or Butt 67 to 100 kVA, inclusive ***

4. Projection Spot
Flash or Butt
Over 75 kVA
66 kVA or less 1.20
** The kVA rating of all resistance welders to which these rating procedures are applied must be at or equivalent to 50 percent duty cycle operation. Duty cycle is the percent of the time welding current flows during a given operating cycle. If the operating kVA nameplate rating is for some other operating duty cycle, then the thermally equivalent kVA rating at 50 percent duty cycle must be calculated. *** Each flash or butt welder in this group will be rated at 80 kVA. d. Ratings prescribed by a, b, and c above normally will be determined from nameplate data or from data supplied by the manufacturer. If such data are not available or are believed by either the Utility or Customer to be unreliable, the rating will be determined by test at the expense of the Customer. e. If established by seals approved by the Utility, the welder rating may be limited by the sealing of taps, which provide capacity greater than the selected tap, and/or by the interlocking lockout of one or more welders with other welders. f. When conversion of units is required for rate application, one welder kVA will be taken as one horsepower for rules stated on a horsepower basis and one welder kVA will be taken as one kilowatt for rates stated on a kilowatt basis.

2. BILLING OF WELDERS
Welders will be billed at the regular rates and conditions of the rules on which they are served, subject to the following provisions:
a. CONNECTED LOAD TYPE OF SCHEDULE. Welder load will be included as part of the connected load with ratings as determined under Section 1, above, A.16.c
Packet Pg. 958 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
19 based on the maximum load that can be connected at any one time, and no allowance will be made for diversity between welders.
b. DEMAND METERED TYPE OF SCHEDULE. Where resistance welders are served on these schedules, the computation of diversified resistance welder load shall be made as follows:

Multiply the individual resistance welder ratings, as prescribed in Sections 1.c. to

1.f. inclusive (above) by the following factors, and add to the results thus obtained:

1.0 times the rating of the largest welder

0.8 times the rating of the next largest welder

0.6 times the rating of the next largest welder

0.4 times the rating of the next largest welder

0.2 times the ratings of all additional welders
If this computed, diversified, resistance welder load is greater than the metered demand, the diversified resistance welder load will be used in lieu of the metered demand for rate computation purposes.

A.16.c
Packet Pg. 959 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
20 ELECTRIC RULE 3—APPLICATION FOR SERVICE
A. APPLICATIONS
The Utility may require each Customer to sign an application for the service desired, and also to establish credit. Generally, applications for service will be taken over the telephone, but may be taken in person or received by mail.

Application form shall set forth:

1. Legal name of Applicant.

2. Date of application

3. Location of Premises to be served.

4. Date Applicant will be ready for service.
a. Service restoration: When the Customer’s service has been terminated either because of a determination by the Utility that an unsafe apparatus or condition exists on the Premises, or because the Customer has threatened to create a hazardous condition, service will not be restored until the Utility determines the Customer’s electrical wiring or equipment or the use of either, has been made safe. When service is denied or terminated solely under these sections, the Customer may seek remedies before the City Council.
b. When the Customer’s service has been terminated because of an order of termination issued to the Utility by a governmental agency, service will not be restored until the Utility has received authorization to restore the service from the appropriate governmental agency.

5. Whether electric service was previously supplied to the Premises.

6. Purpose for which service is to be used, with description of appliances.

7. Customer’s Mailing Address to which bills are to be mailed or delivered.

8. Whether Applicant is owner, agent, or tenant of Premises.

9. Rate schedule desired where an optional rate is available.

10. Information to establish credit-worthiness of the applicant. (see Rule 6)

11. Information necessary to the design, installation, maintenance, and operation of the Utility’s facilities.

12. Such other information as the Utility may reasonably require for service.

A.16.c
Packet Pg. 960 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
21 The application is merely a request for service, and does not in itself bind the Utility to serve except under reasonable conditions, nor does it bind the Customer to take service for a longer period than the minimum requirements of the rate. The Utility may disconnect or refuse to provide service to the Applicant if the acts of the Applicant or the conditions upon the Premises indicate that false, incomplete, or inaccurate information was provided to the Utility. The Utility shall provide the Applicant the reason for such refusal.

C. INDIVIDUAL LIABILITY FOR JOINT SERVICE
Where two or more persons join in one application or contract for service, they shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill mailed to the person designated on the application to receive the bill. Whether or not the Utility obtained a joint application, where two (2) or more adults occupy the same Premises, they shall be jointly and severally liable for bills for energy supplied.

D. CHANGE OF CUSTOMER’S APPARATUS OR EQUIPMENT
In the event that the Customer shall make any material change either in the amount or character of the loads, protective equipment, or characteristic apparatus changes (reactive vs. inductive loads) installed upon the Premises to be supplied with electric energy by the Utility, the Customer shall immediately give the Utility written notice of this fact.

E. E-MAIL AS MEANS OF CUSTOMER CONTACT
When a customer provides an e-mail address to the Utility as a means of contact, the Utility may use such e-mail address to communicate with the customer, absent instructions to the contrary.

F. PHONE AS MEANS OF CUSTOMER CONTACT
When a customer provides a phone number to the Utility, the Utility may use such phone number to communicate with the customer, absent instructions to the contrary. The Customer of record is presumed to be an authorized user of such phone number. By providing a mobile number, absent instructions to the contrary, the customer expressly consents to receiving calls or text messages (texts) from the Utility to such mobile number, including an automatic dialing system and/or an artificial voice or prerecorded message, for:
a. Emergency Purposes
This includes without limitation calls or tests providing notice of and status updates on planned and unplanned outages, calls or texts providing 24 or 48 hour notice of credit or non-credit related service disconnections, and other types of calls or texts made necessary in any situation affecting the health and safety of consumers; and b. Informational Purposes
A.16.c
Packet Pg. 961 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
22 This includes without limitation calls or texts regarding credit or non-credit related service disconnections outside the 24 or 48 hour emergency window, non-emergency outage related calls or texts, calls or texts providing information on new rates, rate changes or available rate options, service related account matters, or income-qualified programs and services, and surveys for customer opinion research purposes. c. Opt-out
The Utility will honor requests to opt-out of receiving calls or texts from the Utility at such mobile number, except under certain emergency circumstances (at the Utility’s discretion) or as otherwise authorized under the Utility’s Electric Rules.

A.16.c
Packet Pg. 962 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
23 ELECTRIC RULE 4—CONTRACTS
Contracts will not be required as a condition precedent for service except:

1. As may be required by conditions set forth in the regular schedule of rates approved or accepted by the Utility.

2. In the case of electric extensions, temporary service, or service to speculative projects, in which case a contract may be required.

3. Where a person, whether or not a customer, desires to have the Utility modify, rearrange, relocate, or remove any of its facilities, the Utility, if it agrees to make such changes, may require the person at whose request the changes are made, to agree to pay in advance or otherwise, the cost to the Utility of making the changes.

A.16.c
Packet Pg. 963 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
24 ELECTRIC RULE 5—SPECIAL INFORMATION REQUIRED ON FORMS A. CONTRACTS
Each contract for electric service will contain the following provisions: “This contract shall at all times be subject to such changes or modification by the City Council as may, from time to time, direct in the exercise of its jurisdiction.” B. CUSTOMERS’ BILLS
Each bill for electric service will include the following statements: “This bill is now due and payable. Customers who believe their utility bill is in error must first contact Customer Services by telephone, in writing, or in person within 30 days from the bill date and initiate a complaint or request an investigation concerning the bill. Utility services will not be discontinued for nonpayment of a disputed bill pending the outcome of a timely filed investigation. The City may require that an amount equal to an average bill for a comparable period of time be deposited with Moreno Valley Utility pending outcome of the investigation. Failure to make the deposit if requested when due shall constitute abandonment of the complaint or request for investigation. Subsequent utility bills, which are not disputed, must be paid within the time allowed to avoid discontinuance of service in accordance with Rule 9 and Rule 11. If, after contact with the Customer Services, the customer believes the bill is still incorrect, the customer may, within 10 days from the date of determination, contact the Manager of Customer Service by phone or submit a written statement regarding the billing dispute to the Manager of Customer Service, Moreno Valley Utility, 14331 Frederick St., Ste 2, Moreno Valley, CA 92553. The Manager of Customer Service will conduct an investigation of the dispute and send his or her determination in writing to the customer.” See Rule 10.

C. DISCONTINUANCE OF SERVICE NOTICE
Each Discontinuance of Service Notice for nonpayment of bills will include the following information:

1. The name and address of the Customer whose account is delinquent.

2. The amount of the delinquency.

3. The date by which payment (or arrangements for payment) is required, or the date by which the dispute must be documented in order to avoid termination.

4. The procedure by which the Customer may initiate a complaint or request an investigation concerning service or charges as defined herein.

5. The telephone number of a representative of the Utility who can provide additional information or institute arrangements for payment.

6. The telephone number to which inquiries by the Customer may be directed.

A.16.c
Packet Pg. 964 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
25 ELECTRIC RULE 6—ESTABLISHMENT AND RE-ESTABLISHMENT OF CREDIT An Applicant for Utility service may be required to establish credit. A Customer whose Utility service has been terminated for nonpayment of an energy bill or whose payments have been past due, as set forth below, may be required to re-establish credit.

A. ESTABLISHMENT OF CREDIT
When, for Applicant’s convenience, the Utility provides service to the Applicant before credit is established and the Applicant fails to establish credit in accordance with this rule, service may be terminated after notice is given in accordance with these regulations.

Credit can be established if the Applicant:
a. is the owner with a substantial equity, of value satisfactory to the Utility, in the Premises to be served; or
b. makes a deposit to secure payment of bills as prescribed in Electric Rule 7; or c. furnishes a qualified guarantor to secure payment of Applicant’s Utility bills; or d. has been a Customer of the Utility for a similar type of service within the past two years, and during the last twelve consecutive months of that prior service, Customer has had not more than two past due bills as defined in Rules 8 and 11.

The periodic bill for such previous service must equal at least 50 percent of the estimated bill amount(s) for the new service, and provided further, that the credit of Applicant is unimpaired in the opinion of the Utility; or e. otherwise establishes credit to the satisfaction of the Utility; and f. has paid all bills for nonresidential electric service previously supplied to Applicant by the Utility.

B. RE-ESTABLISHMENT OF CREDIT

1. An Applicant who previously has been a Customer of the Utility, and whose electric service has been discontinued by the Utility during the last twelve (12) months of that prior service because of nonpayment of bills, may be required to re-establish credit. a. A Customer who fails to pay bills before they become past due and who further fails to pay such bills within five days after presentation of a discontinuance of service notice for nonpayment of bills, may be required to pay said bills and reestablish credit by depositing the amount established by the Utility in accordance with Electric Rule 7. A deposit may be required regardless of whether or not service has been discontinued for such nonpayment.

A.16.c
Packet Pg. 965 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
26 ELECTRIC RULE 7—DEPOSITS
A. AMOUNT OF DEPOSIT

1. ESTABLISHMENT OF CREDIT
a. Residential accounts: The amount of deposit required to establish credit shall be twice the average monthly bill as estimated by the Utility. b. Nonresidential accounts: The amount of deposit required to establish credit shall be twice the maximum monthly bill as estimated by the Utility. c. Residential and nonresidential accounts: The amount of deposit taken to establish credit shall be subject to adjustment upon request by the Customer or upon review by the Utility.
d. Residential solar accounts are eligible for a special metering and billing option called Net Energy Metering (NEM). Under this billing option, each NEM customer is billed monthly for their total bill but is not required to pay for the consumed energy until the end of each 12-month period. Therefore, if a deposit is required, the amount of the deposit taken to establish credit shall be the annual total billed amount plus twice the average monthly bill as estimated by the Utility.

2. RE-ESTABLISHMENT OF CREDIT
Should the Customer’s payment history with the Utility warrant it, the Utility may require the Customer to re-establish credit by paying a re-establishment deposit. The amount of deposit required to re-establish credit for residential and nonresidential accounts will be twice the maximum monthly bill as determined by City. For residential solar accounts, the amount will be the annual total billed amount plus twice the maximum monthly bill as determined by the Utility.

B. RETURN OF DEPOSIT

1. The Utility may refund a Customer’s deposit by draft or by applying the deposit to the Customer’s account. If the Customer establishes service at a new location, the Utility may retain the deposit for such new account, subject to the conditions of Sections B.3 and B.4 below.

2. Upon discontinuance of service, the Utility will refund the Customer’s deposit or the balance thereof that is in excess of unpaid bills for service furnished by the Utility.

3. When the Customer’s credit is otherwise established, the Utility will refund the deposit either upon the Customer’s request for return of the deposit or upon review by the Utility.

A.16.c
Packet Pg. 966 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
27 4. For residential and nonresidential accounts, the Utility will review the Customer’s account at the end of the first twelve- (12) months that the deposit is held and each month thereafter. After the Customer has not had more than two past due bills during the twelve (12) months prior to any such review and has not had service temporarily or permanently discontinued for nonpayment of bills during such period, the deposit will be refunded in accordance with this section. For residential solar accounts billed on Net Energy Metering (NEM), if a deposit is required to establish or re-establish credit on the account, the deposit shall be held on the account for the life of the account or until the Utility determines that a deposit is no longer required.

5. Deposits cannot be used to offset past due bills or to avoid or delay discontinuance of service.

C. INTEREST ON DEPOSIT

1. The Utility will pay interest on deposits, except as provided below. Interest shall be 1/12th of the interest on commercial paper - AA nonfinancial (prime, 90-day, monthly average of January) as reported in July by the Federal Reserve or its successor publication and will be accrued for the period that the deposit is held by the Utility.

This value will be adjusted once annually in July. (cite - https://www.federalreserve.gov/releases/cp/rates.htm)

2. No interest will be paid if service is temporarily or permanently discontinued for nonpayment of bills.

3. No interest will be paid for those months where the bill is paid after the due date (late pay or over date).

A.16.c
Packet Pg. 967 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
28 ELECTRIC RULE 8—NOTICES
Any notice pursuant to the Utility’s rules may be given to the Customer in writing. Written notice is effective when it is either: (1) presented to the Customer, or (2) mailed to the Customer at the address where the Customer is receiving service, or (3) mailed to the customer at the mailing Customer’s Mailing Address provided by the Customer, or (4) delivered by door hanger at the address where the Customer is receiving service. The Utility may also provide the Customer with verbal notice in person or by telephone. Any notice pursuant to the Utility’s rules from the Customer or the Customer’s authorized agent may be given to the Utility by telephone, in person, or in writing. Verbal notice is acceptable unless written notice is requested by the Utility or required by the rules.

A. NOTICES OF TERMINATION OF SERVICE FOR NONPAYMENT
Monthly bills for residential service are due and payable upon presentation and will be considered past due if payment is not received by the Utility within fifteen (15) days after the bill is mailed to the Customer. Deposit requests are due and payable when request for service is made. When a deposit is billed, it will be considered past due if payment is not received by the Utility within fifteen (15) days after the deposit request is mailed. If the past due amount is not paid, service may be terminated for nonpayment in accordance with Electric Rule 11. A field notification charge may appear on your next bill if the Utility posts a collection notice at your Premises. If a termination order is processed for your account due to nonpayment, payment of the balance in full, plus a Collection Processing Fee and deposit may be required prior to restoration of service. The Collection Processing Fee may be charged whether or not electric service is actually terminated if the arrears balance is paid after the payment deadline has passed. Unpaid closing bills may be reported or forwarded to a credit reporting agency.

1. 10-DAY NOTICE
When a bill for service or deposit request has become past due, the Utility will mail the Customer a notice that service may be terminated for nonpayment in 10 calendar days.

2. 48-HOUR NOTICE
When the past due balance on a 10-day notice is unpaid, the Utility will make a reasonable attempt to contact an adult residing at the service address either by telephone including calls or text messages to mobile phones or by email, or in person at least 48 hours prior to terminating service.

3. NOTICE OF TERMINATION OF SERVICE FOR NONPAYMENT OF

PAYMENT ARRANGEMENT AGREEMENT
When the Utility and the Customer enter into a payment arrangement agreement and the Customer does not abide by the terms of the agreement, in whole or in part, the Utility will give the Customer at least 48 hours notice by telephone including calls or A.16.c
Packet Pg. 968 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
29 text messages to mobile phones or by email, or in person prior to terminating service for nonpayment.

B. NOTICES FOR UNPAID CLOSING BILLS
Closing bills are due and payable upon presentation and will be considered past due if payment is not received by the Utility within fifteen (15) days after the closing bill is mailed to the Customer. When the Utility determines that the Customer has an open account for Utility service at one location and an unpaid closing bill in the Customer’s name for Utility service at another location, the Utility may transfer the unpaid closing bill to the open account, except that the unpaid closing bills for nonresidential service may not be transferred to a residential account. Before the Customer’s open account may be terminated for nonpayment of the closing bill, the Customer will be given notices in accordance with Section A of this Rule.

A.16.c
Packet Pg. 969 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
30 ELECTRIC RULE 9—RENDERING AND PAYMENT OF BILLS
A. BILLS PREPARED AT REGULAR INTERVALS
Bills for electric service will be rendered at regular intervals. All bills will be based on meter registration, except as provided in Section C below, or as may otherwise be provided in the Utility’s rules. Meters will be read as nearly as possible at regular intervals. Except as otherwise stated, the regular billing period will be once each month. Due to Sundays and holidays and other factors, it is not always possible to read meters on the same day of each month.

B. PRO RATA CORRECTION
Opening and closing bills rendered will be computed in accordance with the rate schedule applicable to that service, unless otherwise provided in this rule, or in the applicable rate schedule. The basic charge, customer charge, the amount of energy blocks, demand blocks, etc., and the service charge, demand charge, or minimum charge will be prorated on the basis of the number of days in the period in question to the total number of days in the subject month. However, where daily equivalents are used, there will be no pro rata correction. Instead, the calculation shall use the number of days in the billing period multiplied by the daily equivalent charge.

When one or more regularly scheduled meter readings have been missed, the proration factor for the next regularly scheduled meter reading shall be 1.000 times the number of monthly billing cycles in the period. When an interim bill based on a special reading for a period other than 27 to 33 days has been issued during the interval since the last regularly scheduled meter reading, the proration factor for the regularly scheduled bill shall be the factor derived above, less the proration factor applied to the interim bill. However, where daily equivalents are used, there will be no pro rata correction. Instead, the calculation shall use the number of days in the billing period by the daily equivalent charge.

C. ESTIMATED BILLS
If, because of unusual conditions or for reasons beyond its control, the Utility is unable to read the Customer’s meter on the scheduled reading date, the Utility may bill the Customer for estimated consumption during the billing period and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the Customer’s prior usage, the Utility’s experience with other customers of the same class in that area, and the general characteristics of the Customer’s operations.

Adjustments for any underestimate or overestimate of a Customer’s consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following the period of inaccessibility.

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Packet Pg. 970 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
31 D. READINGS OF SEPARATE METERS NOT COMBINED
For the purpose of making charges, each meter upon the Customer’s Premises will be considered separately, and the readings of two or more meters will not be combined, except as follows:

1. Where combinations of meter readings are specifically provided for in rate schedules; or

2. Where the Utility’s operating convenience or necessity shall require the installation of two or more meters upon the Customer’s Premises instead of one meter.

E. BILLS DUE ON PRESENTATION
Bills for electric service are due and payable upon presentation. Payments shall be received at the office of the Utility, or by an authorized agent of the Utility.

F. CLOSING BILL PAYABLE ON PRESENTATION
Removal bills, special bills, bills rendered on vacation of Premises, or bills rendered to persons discontinuing the service, shall be due and payable upon presentation. Bills for connection or reconnection of service and payments for deposits or to re-establish credit as required under the rules of the Utility shall be paid before service will be connected or reconnected.

G. RETURNED CHECK CHARGE
If a check, tendered in payment of amounts owing the Utility, is not honored by a bank and is returned to the Utility unpaid, the Utility will add to the Customer’s bill a charge for processing each such returned check consistent with these rules. Where service is subject to discontinuance under Electric Rule 11, the returned check charge shall be included in the total amount due and payable.

H. FIELD NOTIFICATION AND COLLECTION PROCESSING FEES
The Utility will require payment of a Collection Processing Fee when an authorized Utility representative makes a field call to a Customer’s Premises to discontinue electric service in accordance with Electric Rule 11 for nonpayment of a past due billing. The Utility will also assess the Collection Processing Fee when an authorized Utility representative makes a field call to discontinue electric service for nonpayment of a deposit that was requested in accordance with Electric Rule 6.

Where service is discontinued under the provisions of Electric Rule 11, the Utility will require payment of the balance in full, the balance of any unpaid closed accounts, plus any assessed field notification charges, Collection Processing Fees and Deposits prior to restoration of service.

A.16.c
Packet Pg. 971 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
32 If the Customer makes payment in full or makes acceptable payment arrangements in order to avoid discontinuance of service, the Utility may still assess the Collection Processing Fee.

The Utility may assess a Field Notification Charge when notification must be made due to nonpayment. Generally, these notifications are in the form of a door hanger left at the Customer’s Premises. The Field Notification Charge is in addition to any Collection Processing Fees that may apply.

I. LATE PAYMENT CHARGE
A late payment charge of 0.9% per month will be applied to the total unpaid balance of a Customer Account if the Customer’s payment is not received by the date indicated on the Customer Account billing.

J. ACCUMULATIVE AMOUNT DUE
The Utility reserves the right to accumulate bills until the total amount due exceeds $2.00.

A.16.c
Packet Pg. 972 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
33 ELECTRIC RULE 10—DISPUTED BILLS
A. CORRECTNESS OF BILL
If the correctness of a bill is questioned or disputed by a Customer, an explanation should be promptly requested from Customer Services. If the bill is determined to be incorrect, a corrected bill will be issued.

B. BILL REVIEW PROCEDURE

1. REVIEW BY CUSTOMER SERVICE
Customers who believe their utility bill is in error must first contact Customer Services by telephone, in writing, or in person within 30 days from the bill date and initiate a complaint or request an investigation concerning the bill. Utility services will not be discontinued for nonpayment of a disputed bill pending the outcome of a timely filed investigation. The Utility may require that an amount equal to an average bill for a comparable period of time be deposited with Moreno Valley Utility pending outcome of the investigation. Failure to make the deposit if as requested when due shall constitute abandonment of the complaint or request for investigation.

Subsequent utility bills, which are not disputed, must be paid within the time allowed to avoid discontinuance of service in accordance with Electric Rule 9 and Electric Rule 11.

2. REVIEW BY CUSTOMER SERVICE MANAGER.

If, after contact with the Customer Services, the customer believes the bill is still incorrect, the customer may, within 10 days from the date of determination, contact the Manager of Customer Services by phone or submit a written statement regarding the billing dispute to the Manager of Customer Services, Moreno Valley Utility, 14331 Frederick St., Ste 2, Moreno Valley, CA 92553. The Manager of Customer Services will conduct an investigation of the dispute and send his or her determination in writing to the customer.

3. APPEAL TO ELECTRIC UTILITY DIVISION MANAGER.

If a customer disagrees with the decision of the Manager of Customer Services, or designee, the customer may appeal that decision to the Electric Utility Division Manager. Any such appeal must be filed in writing with the Electric Utility Division Manager within (10) days after written notice of the decision of the Manager of Customer Services, or designee, is given to the customer. The Electric Utility Division Manager, or a designated representative , may review the accuracy of the amount billed , but will not review appeals under this procedure concerning the general level of rates, pending rate changes, source of energy and similar matters.

All decisions of the Electric Utility Division Manager will be final.

4. DISCONTINUANCE OF SERVICE FOR FAILURE TO PAY.

A.16.c
Packet Pg. 973 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
34 Electric service will be discontinued if a bill has not been paid in full and a timely and proper appeal has not been filed or an appeal has been denied and the appeal is final. All other bills not in dispute are due and payable in accordance with Electric Rule 9 and Electric Rule 11.

5. NOTICE
Under this review and appeal procedure, notice by the Utility is deemed to be given when (1) personally given to the customer, (2) left at the premises where the service was given, (3) enclosed in an envelope addressed to the customer with postage prepaid and deposited in the United States mail of (4) sent via electronic means to the electronic mailing address provided by the customer as their Customer’s Mailing Address.

A.16.c
Packet Pg. 974 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
35 ELECTRIC RULE 11—DISCONTINUANCE AND RESTORATION OF SERVICE If the Utility terminates or refuses to restore service to a Customer or any other person for any of the reasons or upon any of the grounds stated herein, the Utility shall incur no liability whatsoever to said Customer or person or to any other Customers or persons.

A. CUSTOMER REQUEST TO TERMINATE LIABILITY FOR PAYMENT FOR

SERVICE
When a Customer wants to terminate liability for payment for service, the Customer shall give the Utility not less than two days notice and state the date on which the termination is to become effective. The Customer may be held responsible for service furnished at the Premises until two days after receipt of such notice by the Utility, or until the date of termination specified in the notice, whichever date is later.

B. TERMINATION OF SERVICE FOR NONPAYMENT—WEEKENDS AND

HOLIDAYS
Service will not be terminated for nonpayment of bills or deposit requests on Saturdays, Sundays, legal holidays or on days when the offices of the Utility are closed to the public.

C. TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS OR DEPOSIT

REQUESTS
Monthly bills are due and payable upon presentation and will be considered past due if payment is not received by the Utility within 15 days after the bill is mailed to the Customer. Deposit requests are due and payable when request for service is made. When a deposit is billed, it will be considered past due if payment is not received by the Utility within 15 days after the deposit request is mailed to the Customer. Customers who fail to pay their bills within this time period are subject to service disconnection.

D. FAILURE TO ESTABLISH OR RE-ESTABLISH CREDIT
When the Utility provides service to an Applicant before credit is established or continues service to a Customer pending re-establishment of credit, and the Applicant/Customer fails to establish or re-establish credit, any and all services the Customer is receiving may be terminated after notice has been given. The Utility will not restore the Customer’s service until the Customer has complied with the requirements to establish or re-establish credit.

E. TERMINATION OF SERVICE FOR NONPAYMENT OF BILLS AT OTHER

LOCATIONS
Any and all services the Customer is receiving may be terminated for nonpayment of a bill for service previously supplied by the Utility to the same Customer at another location after the Customer has been given notices of termination, except that residential service shall not be terminated for nonpayment of a bill for any other class of service. Nonresidential service may be terminated for nonpayment of a bill for any class of service. Service shall not be terminated for nonpayment within 15 days after establishment of service at the new A.16.c
Packet Pg. 975 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
36 location. If the Customer is receiving service at more than one location, any or all services may be terminated with proper notice for nonpayment of any bill at any location for Utility service.

F. TERMINATION OF SERVICE—RETURNED CHECKS
When the Customer has received notice of termination and a check tendered in payment of the past due bill or deposit request for service is returned unpaid, the Utility may terminate service. When the Customer has received a 10-day notice of termination, the notice will remain in effect, and collection action will continue. When the Customer has received a 24-hour notice of termination, the notice will remain in effect, and service may be terminated without further notice.

G. UNSAFE APPARATUS OR CONDITION
The Utility may deny or terminate service to the Customer immediately and without notice when:
a. The Utility determines that the Premises wiring, or other electrical equipment, or the use of either, is unsafe, or endangers the Utility’s service facilities; or b. The Customer threatens to create a hazardous condition; or c. Any governmental agency, authorized to enforce laws, ordinances or regulations involving electric facilities and/or the use of electricity, notifies the Utility in writing that the Customer’s facilities and/or use of electricity is unsafe or not in compliance with applicable laws, ordinances, or regulations. The Utility does not assume the responsibility of inspecting or repairing the Customer’s facilities, appliances or other equipment for receiving or using service, or any part thereof.

In the event the Customer has knowledge that the service is in any way defective, it is the Customer’s responsibility to notify the Utility at once. The Utility shall not be liable or responsible for any plumbing, appliances, facilities, or apparatus beyond the Point of Delivery, which it does not own or maintain in accordance with these rules.

H. SERVICE DETRIMENTAL TO OTHER CUSTOMERS
The Utility will not supply service to a Customer operating equipment, which is considered by the Utility to be detrimental to either the service of other Utility Customers or to the Utility. The Utility will terminate service and refuse to restore service to any Customer who continues to operate such equipment after receiving notification from the Utility to cease.

A.16.c
Packet Pg. 976 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
37 I. UNAUTHORIZED USE

1. The Utility may terminate service without notice for unauthorized use of service as defined in Electric Rule 17.2. When the Customer’s service has been terminated under this section, the Utility may refuse to restore service until:
a. the unauthorized use has ceased, and
b. The Utility has received full compensation for all charges authorized in Electric Rule 17.2.

2. The Utility may terminate and refuse to restore service if the acts of the Customer or conditions on the Premises indicate intent to deny the Utility full compensation for services rendered, including, but not limited to, any act which may result in a denial of service. The Utility shall provide the Customer with the reasons for such termination and/or refusal to restore service. When the Customer’s service has been terminated under this section, the Utility may refuse to restore service until:
a. the acts and/or the conditions described above have ceased or have been corrected to the Utility’s satisfaction, and
b. The Utility has received full compensation for all charges resulting from the Customer’s acts or the conditions on the Premises.

J. NONCOMPLIANCE WITH UTILITY’S RULES
Unless otherwise specifically provided, the Utility may terminate service to a Customer for noncompliance with any of the Utility’s rules if the Customer fails to comply within five days after the Utility’s presentation of written notification of noncompliance to the Customer. The Customer shall comply with the Utility’s rules before service will be restored.

K. REVOCATION OF PERMISSION TO USE PROPERTY
If the Utility’s service facilities and/or a Customer’s wiring to the meter are installed on property other than the Customer’s property and the owner of such property revokes permission to use it, the Utility will have the right to terminate service upon the date of such revocation. If service is terminated under these conditions, the Customer may have service restored under the provisions of the Utility’s line and service extension rules.

L. CHARGES FOR TERMINATION AND/OR RESTORATION OF SERVICE

1. The Utility may require payment of the entire amount due, including the past due amount and current charges, payment of a deposit or additional deposit in accordance with Electric Rule 7, and payment of other charges indicated herein, prior to restoring service to accounts which have been terminated for nonpayment.

A.16.c
Packet Pg. 977 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
38 2. The Utility will require a returned check charge for processing a check, which is returned to the Utility unpaid.

3. The Utility will require payment of a Collection Processing Fee when a Utility representative makes a field call to a Customer’s Premises to terminate service for nonpayment of bills or deposit.

4. The Utility will require payment of a Collection Processing Fee per connection before restoring service that has been terminated for nonpayment of bills, to prevent fraud, or for failure to comply with the Utility’s rules. If the Customer requests that service be restored outside of regular business hours, an additional charge per connection may apply. Refer to the Chart of Charges and Fees for amounts of applicable charges.

5. In addition, the Utility may charge and collect any unusual costs incidental to the termination or restoration of service, which have resulted from the Customer’s action or negligence.

6. Service wrongfully terminated will be restored without charge.

A.16.c
Packet Pg. 978 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
39 ELECTRIC RULE 12—RATES AND OPTIONAL RATES
A. EFFECTIVE RATES
The rates to be charged by and paid to the Utility for electric service will be the rates legally in effect, approved by the City Council, and on file with the Electric Utility Division, Department of Public Works. Complete schedules of all rates in effect will be kept at all times in the Utility’s local office, where they will be available for public inspection. Unless stated otherwise on the rate schedules themselves, the Utility’s rate schedules are only applicable for service supplied entirely by the Utility.

B. ESTABLISHING RATE SCHEDULES FOR NEW CUSTOMERS
At the time of application for service, the Utility will, based on information provided by the Applicant, ensure that the Applicant is placed on an applicable rate schedule approved by the City Council. Thereafter, the Utility will take such measures as may be practical to provide the Customer with information regarding rate schedules or options applicable to the Customer’s class of service.

C. CHANGING RATE SCHEDULES
The Utility may not be required to make more than one change in rate schedules within a twelve-month period unless a new rate schedule is approved or the Customer’s operating conditions have changed sufficiently to warrant a change in rate schedule.

Changes in rate schedules will take effect starting with the next regular meter reading date or meter change date following receipt of the Customer’s request to change the rate schedule, unless (1) the rate schedule states otherwise, (2) a written agreement between the Utility and the Customer specifies another date, or (3) the required metering equipment is unavailable. In those cases, the change of schedule will take effect on the date stated in the schedule or agreement, or the date the metering equipment is available. It is the Customer’s responsibility to request another schedule or option if the Customer’s connected load, hours of operation, type of business or type of service have changed. Where the Customer changes equipment or operation without notifying the Utility, the Utility assumes no responsibility for advising the Customer of other rate options available to the Customer as a result of the Customer’s equipment/operation changes.

D. NOTIFYING CUSTOMERS OF NEW RATE SCHEDULES
Where the Utility establishes new rate schedules, the Utility shall take such measures as may be practical to advise affected Customers of the availability of the new rate schedules.

A.16.c
Packet Pg. 979 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
40 ELECTRIC RULE 13—TEMPORARY SERVICE
A. ESTABLISHMENT OF TEMPORARY SERVICE
The Utility shall, if no undue hardship to its existing Customers will result therefrom, furnish temporary service under the following conditions:

1. The Applicant shall pay, in advance or otherwise as required by the Utility, the estimated cost installed plus the estimated cost of removal, less the estimated salvage of the facilities necessary for furnishing service.

2. The Applicant shall establish credit as required by Electric Rule 6, except that the amount of deposit prescribed in Electric Rule 7 shall not exceed the estimated bill for the duration of service.

B. CHANGE TO PERMANENT STATUS & REFUNDS

1. If service to the electrical machinery or apparatus as originally installed, or its equivalent, is supplied to a temporary Customer on a continuous, intermittent or seasonal basis for a period of 36 consecutive months from the date electric service first was delivered under this rule, the Customer shall be classified as permanent. The payment made in excess of that required for permanent service or under the line extension rule for permanent Customers shall be refunded, provided the Customer then complies with all of the rules applicable to electric service.

2. If at any time the character of a temporary Customer’s operations changes so that, in the opinion of City, the Customer may be classified as permanent, the amount of payment made in excess of that required for permanent service immediately shall be refunded to the Customer under the provisions of this section.

A.16.c
Packet Pg. 980 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
41 ELECTRIC RULE 14—SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY The Utility will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of electric energy to the Customer, but does not guarantee continuity or sufficiency of supply. The Utility will not be liable for interruption or shortage or insufficiency of supply, or any loss or damage of any kind of character occasioned thereby the Utility will not be liable for interruption or shortage or insufficiency of supply. If same is caused by inevitable accident, act of God, fire, strikes, riots, war, or any other cause except that arising from its failure to exercise reasonable diligence. The Utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, will have the right to suspend temporarily the delivery of electric energy. In case of shortage of supply and during the period of such shortage, The Utility will make such apportionment of its available supply of energy among its customers as shall be ordered or directed from time to time by the State of California, acting either directly or by a power administrator or other official appointed by it for that purpose. In the absence of such order or direction, the Utility will, in times of shortage, apportion its available supply of energy among all customers in the most reasonable manner possible.

A.16.c
Packet Pg. 981 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
42 ELECTRIC RULE 15—DISTRIBUTION LINE EXTENSIONS
APPLICABILITY: This rule is applicable to extension of electric distribution lines of the Utility’s standard voltages (less than 50 kV) necessary to furnish Permanent electric service to Applicants and will be made in accordance with the following provisions:

A. GENERAL

1. EXTENSION BASIS
a. Design: The Utility will be responsible for planning, designing, and engineering extensions using the Utility’s standards for material, design, and construction.

The Applicant will furnish all necessary plot plans, utility plans, street improvement plans, tract maps and electric loads for the design of the system.

The Applicant may design the electrical Distribution Lines using qualified design firms approved by the Utility. The system will be designed in accordance with the Utility’s standards and the final design will be approved by the Utility.

Ownership of Applicant’s final design and as-built documents shall be transferred to the Utility upon completion of work.
b. Ownership: The facilities installed under the provisions of this rule, shall be owned, operated, and maintained by the Utility, except for substructures and enclosures that are on, under, within, or part of a building or structure. c. Private Lines: The Utility shall not be required to serve any Applicant from extension facilities that are not owned, operated, and maintained by the Utility.

2. EXTENSION LOCATIONS
a. Rights of Way: The Utility will own, operate and maintain extension facilities only;
1) along public streets, alleys, roads, highways and other publicly dedicated ways and places which the Utility has the legal right to occupy, and 2) along public lands and private property across which rights of way and permits satisfactory to the Utility may be obtained without cost to or condemnation by the Utility.
b. Normal Route of Line: The length and normal route of an extension will be determined by the Utility and shall be considered as the distance along the shortest, most practical, available, and acceptable route which is clear of obstructions from the Utility’s nearest permanent and available distribution facility to the point from which the service facilities will be connected.

A.16.c
Packet Pg. 982 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
43 3. UNDERGROUND EXTENSIONS
Underground extensions shall be installed where required to comply with applicable laws and ordinances or similar requirements of governmental authorities having jurisdiction and where the Utility maintains or desires to maintain underground distribution facilities.

4. OVERHEAD EXTENSIONS
Overhead extensions may be installed only where underground extensions are not required by other jurisdictions and as approved by the Utility.

5. SPECIAL OR ADDED FACILITIES
Any special or added facilities the Utility agrees to install at the request of Applicant will be installed at Applicant’s expense in accordance with Electric Rule 2— Description of Service.

6. TEMPORARY SERVICE
Facilities installed for temporary service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this rule, except that all charges shall be made under the provisions of Electric Rule 13—Temporary Service.

7. SERVICES
Service facilities connected to the Distribution Lines to serve an Applicant’s Premises will be installed, owned and maintained as provided in Electric Rule 16—Service Extensions.

8. STREET LIGHTS AND AREA LIGHTS
Streetlights, area lights, and other associated facilities shall be installed in accordance with the service provisions of the applicable street light schedule.

No written contracts will be required under this Rule. All provisions of the Rule shall apply and obligate all parties.

B. INSTALLATION RESPONSIBILITIES

1. UNDERGROUND EXTENSIONS
a. Applicant Responsibility: In accordance with the Utility’s design, specifications, and requirements, Applicant is responsible for;
1) Excavation: All necessary trenching, backfilling, compaction and other digging as required as well as any pavement cutting or repair.

A.16.c
Packet Pg. 983 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
44 2) Substructures and Conduits: Furnishing, installing, and upon acceptance by the Utility, conveying to the Utility the ownership of all necessary installed Substructures and Conduits, including Feeder and Service Conduits and related Substructures required to extend to and within subdivisions and developments.
3) Protective Structures: Furnishing, installing, and upon acceptance by the Utility, conveying to the Utility the ownership of all necessary Protective Structures.
4) Safety Barriers and Measures: Applicant is responsible for providing safety barriers, signs, and other suitable means to protect public from potential injuries arising from construction of underground extension. b. The Utility Responsibility: The Utility is responsible for installing cables, switches, transformers, and other distribution facilities as required to complete the extension.

The Applicant may install the system in accordance with the Utility’s design and construction standards using qualified electrical contractors approved by the Utility.

2. OVERHEAD EXTENSIONS
The Utility is responsible for installing all facilities required for a pole line extension at the Applicants expense and only where underground extensions are not required.

3. PERFORMED WORK
Where requested by Applicant and mutually agreed upon, the Utility may perform that portion of the new extension work normally installed by Applicant, provided Applicant pays the Utility its total estimated installed cost. Upon completion of the work, the difference between the estimated and actual cost of the work will be refunded or billed to the Applicant as appropriate.

C. CONTRIBUTIONS OR ADVANCES BY APPLICANT

1. CASH ADVANCE
A cash advance will be required from every Applicant. If the scope of the work lends itself to progress payments in the sole judgment of the Utility, such progress payments will be considered by the Utility. The cash advance will be equal to the Utility’s total estimated installed cost to complete an extension including transformers and meters. Upon completion of the work, the difference between the estimated and actual cost of the work will be refunded or billed to the Applicant as appropriate.

A.16.c
Packet Pg. 984 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
45 Applicant shall contribute or advance, before the start of Utility’s construction, the following;
a. Underground Non-Refundable Amount: Applicant’s contribution is the portion of the Utility’s total estimated installed cost, to complete the underground extension including transformers and meters for;
1) Cabling: The estimated installed cost of any necessary cabling installed by the Utility to complete the underground extension. This includes the cost of conversion of existing single-phase lines to three-phase lines, if required; plus 2) Substructures: The Utility’s estimated value of substructures installed by Applicant and deeded to the Utility as required.
3) The cost of cabling and substructures installed and/or paid for by a previous Customer or developer in anticipation of providing service to the current Customer or development.
b. Underground Refundable Amount:
1) The cost of cabling and substructures in anticipation of providing service to a future Customer or developer. Such costs will be refunded at the time they are collected from the future Customer or developer in accordance with this Rule.
c. Overhead Non-Refundable Amount: Applicant’s contribution is the portion of the Utility’s total estimated installed cost to complete the overhead extension including transformers and meters;
1) Pole Line; All necessary facilities required for an overhead extension and, if required, the conversion of existing single-phase lines to three-phase lines; plus
2) Transmission Underbuilds; Utility’s total estimated installed cost of the underbuild, where all or a portion of an overhead extension is to be constructed on existing poles.
d. Other Non-Refundable Amounts: Applicant’s non-refundable amount includes the Utility’s estimated value of excavation, conduits, and protective structures required by the Utility for the extension. The applicant will pay the Utility for the cost of inspection of any facilities installed by the applicant.

4. JOINT APPLICANTS
The total contribution or advance from a group of Applicants will be apportioned among the members of the group in such manner as they may mutually agree. A signed agreement describing this apportionment will be required by the Utility as part of the application for service.

A.16.c
Packet Pg. 985 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
46 5. PAYMENT ADJUSTMENTS
Excess Facilities: If the loads provided by Applicant(s) result in the Utiity having installed facilities which are in excess of those needed to serve the actual loads, and the Utility elects to reduce such excess facilities, Applicant shall pay the Utility its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities.

D. SPECIAL CONDITIONS

1. FACILITY RELOCATION OR REARRANGEMENT
Any relocation or rearrangement of the Utility’s existing facilities, at the request of, or to meet the convenience of an Applicant or Customer, and agreed upon by the Utility, normally shall be performed by the Utility. In all instances, the Utility shall abandon or remove its existing facilities, at the option of the Utility. Applicant or Customer shall be responsible for the costs of all related relocation, rearrangement and removal work.

A.16.c
Packet Pg. 986 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
47 ELECTRIC RULE 16—SERVICE EXTENSIONS
APPLICABILITY: This rule is applicable to both (1) Utility service facilities that extend from the Utility’s distribution line facilities to the service delivery point, and (2) service related equipment required of Applicant on Applicant’s Premises to receive electric service.

A. GENERAL

1. DESIGN
The Utility will be responsible for planning, designing, and engineering its Service Extension using the Utility’s standards for design, materials and construction. The Utility will allow Applicant’s design with the Utility’s approval.

2. SERVICE FACILITIES
The Utility’s service facilities shall consist of (a) primary or secondary underground or overhead service conductors, (b) poles conduits, sleeves, pedestals, pads, or structures to support service conductors, and service transformers, (c) Utility-owned metering equipment, and (d) other Utility-owned service related equipment.

3. OWNERSHIP OF FACILITIES
Service facilities installed under the provisions of this rule shall be owned, operated, and maintained by the Utility if they are (a) located in the street, road or franchise area of the Utility, (b) installed by the Utility under and or on the Applicant’s Premises for the purpose of the delivery of electric energy to Applicant, or installed by Applicant under the provisions of this rule, and conveyed to the Utility.

4. PRIVATE LINES
The Utility shall not be required to connect service facilities to or serve any Applicant from electric facilities that are not owned, operated, and maintained by the Utility.

5. SPECIAL OR ADDED FACILITIES
Any special or added facilities the Utility installs at the request of Applicant, will be installed at Applicant’s expense in accordance with Rule 2-Description of Service.

6. TEMPORARY SERVICE FACILITIES
Service facilities installed for temporary service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this rule, except that all charges shall be made under the provisions of Rule 13-Temporary Service.

A.16.c
Packet Pg. 987 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
48 7. STREET LIGHTS AND AREA LIGHTS
Streetlight and area light services and other associated facilities shall be installed in accordance with the service provisions of the applicable street light schedule.

8. DISTRIBUTION LINE EXTENSIONS
Whenever the Utility’s distribution system is not complete to the point designated by the Utility where the service extension is to be connected to the Utility’s distribution system, the extension of distribution line facilities will be installed in accordance with Rule 15-distribution line extensions.

9. RIGHTS-OF-WAY
Rights-of-way or easements may be required by the Utility to install service facilities on Applicant’s property to serve only Applicant.
a. Service Facilities: If the service facilities must cross property owned by a third party to serve Applicant, the Utility may, at its option, install such service facilities after appropriate rights-of-way or easements, satisfactory to the Utility, are obtained without cost to the Utility; or
b. Distribution Line Extensions: If the Utility’s facilities installed on Applicants property or third-party property, will be or are designed to serve adjacent property, then the Utility may, at its option, install its facilities under Rule 15, after appropriate rights-of-way or easements, satisfactory to the Utility, are obtained without cost to the Utility.
c. Clearances: Any necessary rights-of-way or easements for the Utility’s facilities shall have provisions to maintain legal and operational clearances from adjacent structures.

B. METERING FACILITIES
For revenue billing, electric service shall be individually metered to each tenant in a building or group of buildings or other development on a single Premises with multiple tenants or enterprises (such as, but not limited to a commercial business, a school campus, or shopping center complex). Alternative metering arrangements as determined by the Utility may be allowed only as specified in these rules and applicable rate schedules.

C. SERVICE EXTENSIONS

1. GENERAL LOCATION
The location of the service extension facilities shall be approved by the Utility as follows:

A.16.c
Packet Pg. 988 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
49 a. Franchise Area: From the point of connection at the distribution line to Applicant’s nearest property line abutting upon any street, highway, road, or right-of-way, along which it already has, or will install distribution facilities; and, b. Private Property: On private property, along the shortest, most practical and available route (clear of obstructions) as necessary to reach a service delivery point designated by the Utility.

2. NUMBER OF SERVICE EXTENSIONS
City will not normally provide more than one service extension, including associated facilities, either overhead or underground, for any one building or group of buildings, for a single enterprise on a single Premises, except;
a. Electric Rules: Where otherwise allowed or required under City’s Electric Rules; or,
b. City Convenience: At the option of and as determined by the Utility, for its operating convenience, consistent with engineering design for different voltage and phase classification, or when replacing an existing service; or, c. Ordinance: Where required by ordinance or other applicable law, for such things as fire pumps, fire alarm systems, etc.; and,
d. Other: The Utility may charge for additional services provided under this paragraph, as special or added facilities.

3. UNDERGROUND INSTALLATIONS
Underground Service Extensions will be installed;
a. Underground Required: Underground service extensions (1) shall be installed where required to comply with applicable Electric Rules, laws, ordinances, or similar requirements of governmental authorities having jurisdiction, and (2) may be necessary as determined by the Utility where Applicant’s load requires a separate transformer installation of 75 kVA or greater. b. Underground Optional: An underground service extension may be installed in an area where it is not otherwise required and when requested by Applicant and agreed upon by the Utility.

4. UNUSUAL SITE CONDITIONS
In cases where Applicant’s building is located a considerable distance from the available distribution line or where there is an obstruction or other deterrent obstacle or hazard such as plowed land, ditches, or inaccessible security areas between the Utility’s distribution line and Applicant’s building or facility to be served that would prevent the Utility from prudently installing, owning, and maintaining its service A.16.c
Packet Pg. 989 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
50 facilities, the Utility may, at its discretion, waive the normal service delivery point location. In such cases, the service delivery point will be at such other location on Applicant’s property as may be mutually agreed upon; or, alternatively, the service delivery point may be located at or near Applicant’s property line as close as practical to the available distribution line.

D. RESPONSIBILITIES FOR NEW SERVICE EXTENSIONS

1. APPLICANT RESPONSIBILITY
In accordance with the Utility’s design, specifications, and requirements for the installation of service extensions, and subject to the Utility’s inspection and approval, Applicant is responsible for;
a. Clear Route: Providing (or paying for) a route on any private property that is clear of obstructions which would inhibit the construction of either underground or overhead service extensions.
b. Excavation: All necessary trenching, backfilling, and other digging as required including permit fees.
c. Conduit and Substructures:
1) Furnishing and installing all conduits (including pull wires) and substructures on Applicant’s Premises.
2) Installing (or paying for) any Conduits and Substructures in the Utility’s franchise area (or rights-of-way, if applicable) as necessary to install the service extension.
3) Conveying ownership to the Utility upon acceptance of those conduits and substructures not on Applicant’s Premises.
d. Protective Structures: Furnishing, installing, owning, and maintaining all necessary protective structures as specified by the Utility for the Utility’s facilities on Applicant’s Premises
e. Applicant’s Facility Design and Operation: Applicant shall be solely responsible to plan, design, install, own, maintain, and operate facilities and equipment beyond the service delivery point (except for the Utility’s metering facilities) in order to properly receive and utilize the type of electric service available from the Utility. Refer to Rule 2 for a description, among other things, of; 1) Available service delivery voltages and the technical requirements and conditions to qualify for them,
2) Customer utilization voltages,
A.16.c
Packet Pg. 990 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
51 3) Load balancing requirements,
4) Requirements for installing electrical protective devices, 5) Loads that may cause service interference to others, and 6) Motor starting limitations.
f. Required Service Equipment: Applicant shall, at its sole liability, risk, and expense, be responsible to furnish, install, own, maintain, inspect, and keep in good and safe condition, all facilities of any kind or character on Applicant’s Premises that are not the responsibility of the Utility but are required by the Utility for Applicant to receive service. Such facilities shall include but are not limited to the overhead or underground termination equipment, conduits, service entrance conductors from the service delivery point to the location of the Utility’s metering facilities, connectors, meter sockets, meter and instrument transformer housing, service switches, circuit breakers, fuses, relays, wireways, metered conductors, machinery and apparatus of any kind or character. Detailed information on the Utility’s service equipment requirements will be furnished by the Utility. The Applicant shall provide all service conduit (s) from the Utility’s franchise area to the Utility’s metering facilities.
g. Coordination of Electrical Protective Devices: When, as determined by the Utility, Applicant’s load is of sufficient size as to require coordination of response time characteristics between Applicant’s electrical protective devices (circuit breakers, fuses, relays, etc.) and those of the Utility’s, it shall be Applicant’s responsibility to provide such coordination in accordance with Rule 2. h. Liability: the Utility shall incur no liability whatsoever, for any damage, loss or injury occasioned by;
1) Applicant-owned equipment or Applicant’s transmission and delivery of energy; or,
2) The negligence, omission of proper protective devices, want of proper care, or wrongful act of Applicant, or any agents, employees, or licensees of Applicant, on the part of Applicant in installing, maintaining, using, operating, or interfering with any such conductors, lines, machinery, or apparatus.
i. Facility Tampering: Applicant shall provide a suitable means acceptable to the Utility for placing its seals on meter rings and covers of service enclosures and instrument transformer enclosures which protect unmetered energized conductors installed by Applicant. All Utility-owned meters and enclosure covers will be sealed only by the Utility’s authorized employees or agents and such seals shall be broken only by the Utility’s authorized employees or agents. However, in an emergency, the Utility may allow a public authority or other appropriate party to break the seal. Any unauthorized tampering with Utility-owned seals or A.16.c
Packet Pg. 991 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
52 connection of Applicant-owned facilities to unmetered conductors at any time is prohibited and is subject to the provisions of Rule 11 - Discontinuance and Restoration of Service for unauthorized use.
j. Transformer Installations on Applicant’s Premises: Transformer installations on Applicant’s Premises shall be as specified by the Utility and in accordance with the following applicable provisions;
1) Space For Transformers: Applicant shall provide space on Applicant’s Premises at a location approved by the Utility for a standard transformer installation (including any necessary equipment access for operation, and ancillary equipment such as switches, capacitors, and electric protective equipment, where required) if (a) in an overhead area, the Utility determines that the load to be served is such that a separate transformer installation is required, or (b) if the Utility determines that the installation of a padmounted or subsurface transformer of any size is required on Applicant’s Premises to serve only Applicant.
2) Padmounted Equipment: In the Utility’s standard installation, Applicant shall furnish, install and convey ownership to the Utility for substructures and any required protective structures specified by the Utility for the proper installation of the transformer, switches, capacitors, and other equipment as determined by the Utility.
3) Single Utility-Owned Customer Substation: When the Utility elects, for its operating convenience, to supply Applicant from a transmission line and install a Utility-owned substation on Applicant’s Premises, Applicant shall furnish, install and convey ownership to the Utility the necessary site improvements as specified by the Utility for the proper installation of the transformer. Such improvements shall include but are not limited to a concrete pad or foundation and grounding system. Applicant shall own and maintain all facilities not specifically conveyed to the Utility yet associated with the service, such as fences and gates, access road, grading, and paving as required. Detailed information on the Utility’s requirements for a single Customer substation will be furnished by the Utility.
k. Transformer Room or Vault: Where Applicant requests and the Utility approves the installation of the transformer(s) in a vault or room on Applicant’s Premises, rather than the Utility’s standard padmounted installation; 1) The room or vault on Applicant’s Premises shall be furnished, installed, owned, and maintained by Applicant and shall meet the Utility’s specifications for such things as access, operational and safety clearances ventilation, drainage, grounding system, etc.
2) If space cannot be provided on Applicant’s Premises for the installation of a transformer on either a pad or in a room or vault, a vault will be installed at A.16.c
Packet Pg. 992 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
53 Applicant’s expense in the street near the property line. It shall be Applicant’s responsibility to install (or pay for) such vault if not restricted by governmental authority having jurisdiction and Applicant shall convey ownership of the vault to the Utility upon its acceptance. The additional facilities shall be treated as special or added facilities under the provisions of Rule 2.
3) All the additional costs as well as ongoing maintenance shall be paid by Applicant for special or added facilities.
l. Transformer Lifting Requirements: Where the Utility has installed or agrees to install, transformers at locations where the Utility cannot use its standard transformer lifting equipment and special lifting facilities are required to install or remove the transformers on Applicant’s Premises, Applicant shall, at its expense, (a) furnish, install, own, and maintain permanent lifting facilities and be responsible for lifting the transformer to and from its permanent position, or (b) provide (or pay for) portable lifting facilities acceptable to the Utility for installing or removing the transformers. Rights-of-way and space provisions shall be provided by Applicant such that access and required clearances from adjacent structures can be maintained. The Utility may require a separate contract for transformer lifting requirements.
m. Overhead Transformers: In remote areas or in areas not zoned for residential or commercial use or for underground services, pad-mounted transformers are preferred for installation on Applicant’s Premises. However, where the Utility determines that it is not practical to install a transformer on a pad, in a room or vault, the Utility may furnish a pole-type structure for an installation not exceeding 500 kVA.

2. BUILDING CODE REQUIREMENTS
Any service equipment and other related equipment owned by Applicant, as well as any vault, room, enclosure, or lifting facilities for the installation of transformers shall conform with applicable laws, codes, and ordinances of all governmental authorities having jurisdiction.

3. REASONABLE CARE
Applicant shall exercise reasonable care to prevent the Utility’s Service Extensions, other Utility facilities, and meters owned by the Utility or others, on the Applicant’s Premises from being damaged or destroyed, and shall refrain from interfering with the Utility’s operation of the facilities and shall notify the Utility of any obvious defect. Applicant may be required to provide and install suitable mechanical protection (barrier posts, etc.) as required by the Utility.

4. UTILITY RESPONSIBLITY
A.16.c
Packet Pg. 993 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
54 a. Meter and Service: The Utility will install, own, and maintain the following service facilities as applicable after Applicant meets all requirements to receive service:
1) Underground Service: A set of service conductors to supply permanent service from the distribution line source to the service delivery point approved by the Utility.
2) Riser Material: Any necessary pole riser material for connecting underground services to an overhead distribution line.
3) Overhead Service: A set of overhead service conductors to supply permanent service from a distribution line source to a suitable support at the service delivery point approved by the Utility. Support shall be of a type and located such that service wires may be installed in accordance with good engineering practice and in compliance with all applicable laws, ordinances, rules, and regulations including those governing clearances and points of attachment. 4) Metering: When the meter is owned by the Utility, the Utility will be responsible for the necessary instrument transformers where required, test facilities, meters and associated metering equipment. Additionally the Utility will be responsible for the metering enclosures when the Utility elects to locate metering equipment at a point that is not accessible to Applicant. b. Special Conduit Installations: The Utility shall own and maintain service conduits only if: (1) they are located in the same trench with distribution facilities, and (2) when it is necessary to locate Conduits on property other than that owned by Applicant, as determined by the Utility, or as may be required by local authorities. c. Government Inspection: The Utility will establish electric service to Applicant following notice from the governmental authority having jurisdiction that the Applicant-owned facilities have been installed and inspected in accordance with any applicable laws, codes, ordinances, rules, or regulations, and are safe to energize.

5. UTILITY-PERFORMED WORK
a. Where requested by Applicant and mutually agreed upon, the Utility may perform that portion of the new service extension work normally the responsibility of Applicant provided Applicant pays the Utility its estimated installed cost.

E. PAYMENTS BY APPLICANT

1. PAYMENTS
Applicant is responsible to pay the Utility the following non-refundable costs as applicable under this rule and in advance of the Utility commencing its work:

A.16.c
Packet Pg. 994 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
55 a. Pole Riser: The Utility’s estimated installed costs of any riser materials on its poles.
b. The Utility’s total estimated installation cost (including appurtenant facilities, such as connectors, service conductors, service transformers and metering equipment.).
c. Other: The Utility’s total estimated cost of any work it performs that is Applicant’s responsibility or performs for the convenience of the Applicant.

F. EXISTING SERVICE FACILITIES

1. SERVICE REINFORCEMENT
a. Utility–Owned: When the Utility determines that its existing service facilities require replacement, the existing service facilities shall be replaced as new service facilities under the provisions of this rule.
b. Applicant-Owned: When the Utility determines that existing Applicant-owned service facilities require replacement; such replacement or reinforcement shall be accomplished under the provisions for a new service installation.

2. SERVICE RELOCATION OR REARRANGEMENT
a. Utility Convenience: When, in the judgment of the Utility, the relocation or rearrangement of a service, including Utility-owned transformers, is necessary for the maintenance of adequate service or for the operating convenience of the Utility, the Utility normally will perform such work at its own expense, except for Applicant convenience or damage.
b. Applicant Convenience: Any relocation or rearrangement of the Utility’s existing service facilities at the request of Applicant (aesthetics, building additions, remodeling, etc.) and agreed upon by the Utility shall be performed in accordance with this rule except that Applicant shall pay the Utility its total estimated costs.

In all instances, the Utility shall abandon or remove its existing facilities at the option of the Utility rendered idle by the relocation or rearrangement.

3. IMPAIRED ACCESS AND CLEARANCES
Whenever the Utility determines that access or clearance to service facilities is impaired, correction action consistent with this section shall be enforced. a. Access: Its existing service facilities have become inaccessible for inspecting, operating, maintenance, meter reading, or testing.
b. Clearances: A hazardous condition exists or any of the required clearances between the existing service facilities and any object becomes impaired under A.16.c
Packet Pg. 995 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
56 any applicable laws, ordinances, rules, or regulations of the Utility or public authorities, then the following applies;
Corrective Action: Applicant or owner shall, at Applicant’s or owner’s expense, either correct the access or clearance infractions or pay the total estimated cost to relocate its facilities to a new location which is acceptable to the Utility. Applicant or owner shall also be responsible for the expense to relocate any equipment, which Applicant owns and maintains. Failure to comply with corrective measures within a reasonable time may result in discontinuance of service.

4. OVERHEAD TO UNDERGROUND SERVICE CONVERSIONS
Applicant’s Convenience: Where overhead services are replaced by underground services for Applicant’s convenience, Applicant shall perform all excavation, furnish and install all substructures, and pay the Utility its total estimated installed cost to complete the new service and remove the overhead facilities.

5. DAMAGED FACILITIES
When the Utility’s facilities are damaged by others, the repair will be made by the Utility at the expense of the party responsible for the damage. Applicants are responsible for repairing their own facilities.

6. SUBDIVISION OF PREMISES
When the Utility’s service facilities are located on private property and such private property is subsequently subdivided into separate Premises with ownership divested to other than Applicant or Customer, the subdivider is required to provide the Utility with adequate rights-of-way satisfactory to the Utility for its existing facilities and to notify property owners of the subdivided Premises of the existence of the rights-ofway. When adequate rights-of-way are not granted as a result of the property subdivision, the Utility shall have the right, upon written notice to Applicant, to discontinue service without obligation or liability. The existing owner, Applicant, or Customer shall pay to the Utility the total estimated cost of any required relocation or removal of the Utility’s facilities. A new electric service will be re-established in accordance with the provisions of this Rule for new service and the provisions of any other applicable Utility rules.

7. EXCEPTIONAL CASES
When the application of this rule appears impractical or unjust to either party, or ratepayers, the Utility or Applicant may refer the matter to the Utility for a special ruling or for approval of special conditions, which may be mutually agreed upon.

A.16.c
Packet Pg. 996 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
57 ELECTRIC RULE 17—METER TESTS AND ADJUSTMENT OF BILLS FOR METER ERROR
A. METER TESTS
Any Customer may, upon not less than five (5) working days notice, request that the Utility test the Customer’s electric meter. No payment or deposit will be required from the Customer for such tests except when a Customer requests a meter test within six months after the date of installation of the meter, or more often than once each six months thereafter. A deposit to cover the reasonable cost of the test will be required of the Customer.

The deposit will be returned to the Customer if the meter is found to register more than two percent fast or slow under conditions of normal operation as a result of the test. A Customer shall have the right to request the Utility conduct the test in the Customer’s presence or in the presence of an expert or other representative appointed by the Customer. A report giving the result of the test will be supplied to the Customer within a reasonable time after completion of the test. All electric meters will be tested at the time of their installation. No meter will be placed in service or allowed to remain in service which has an error in registration in excess of two percent under conditions of normal operation. On newly purchased single-phase meters, the manufacturer’s test may be used as the installation test when the Utility’s random tests indicate satisfactory test results for a particular manufacturer and for a particular shipment.

B. ADJUSTMENT OF BILLS FOR METER ERROR
Meter error is the incorrect registration of energy usage resulting from a malfunctioning or defective meter. It does not include incorrect registration attributable to billing error or unauthorized use. Where, as the result of a meter test, a meter is found to be non-registering or incorrectly registering, the Utility may render an adjusted bill to the Customer for the amount of any undercharge without interest. The Utility shall issue a refund or credit to the Customer for the amount of any overcharge, without interest, computed back to the date that is determined to be when the meter error commenced, except that the period of adjustment shall not exceed the limits set forth in this Rule. Such adjusted bill shall be computed as follows:

1. FAST METER
If a meter, for either residential or nonresidential service, is found to be registering more than two percent fast, the Utility will calculate the amount of the overcharge for refund to the Customer based on the corrected usage for a period of up to 6 months.

When it is known that the period of meter error was less than six months, the overcharge will be calculated for only those months during which the meter error occurred.

2. SLOW METER
A.16.c
Packet Pg. 997 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
58 If a meter, for either residential or nonresidential service is found to be registering more than two percent slow, the Utility may bill the Customer for the amount of the undercharge based on the corrected usage or based upon the Utility’s estimate of the energy usage for a period of up to three years. However, if it is known that the period of meter error was less than three years, the undercharge will be calculated for only those months during which the meter error occurred.

3. NONREGISTERING METER
If a meter, for either residential or nonresidential service is found to be nonregistering, the Utility may bill the Customer for the amount of the undercharge based on the Utility’s estimate of the electricity used, but not registered, for a period of up to three years. However, if it is known that the period the meter was non-registering was less than three years, the undercharge will be calculated for only those months the meter was non-registering. Where the condition of the meter renders it un-testable (no-test), the Utility may bill the Customer based upon the Utility’s estimate of the unmetered energy. Nothing herein is intended to limit the Utility’s authority to bill the Customer for unauthorized use.

4. NO-TEST METERS
Where the condition of the meter renders it untestable (no-test), the Utility may bill the Customer based upon the Utility’s estimate of the unmetered energy. Nothing herein is intended to limit the Utility’s authority to bill the Customer for unauthorized use.

5. ESTIMATED USAGE
When regular, accurate meter readings are not available or when the electric usage has not been accurately measured, the Utility may estimate the Customer’s energy usage for billing purposes on the basis of information including, but not limited to, the physical condition of the metering equipment, available meter readings, records of historical use, and the general characteristics of the Customer’s load and operation.

A.16.c
Packet Pg. 998 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
59 ELECTRIC RULE 17.1–ADJUSTMENTS OF BILLING ERROR
A. BILLING ERROR DEFINED
Billing error is the incorrect billing of an account due to an error by the Utility or the Customer, which results in incorrect charges to the Customer. Billing error includes, but is not limited to, incorrect meter reads or clerical errors, wrong daily billing factor, incorrect voltage discount, wrong connected load information, crossed meters, incorrect billing calculation, incorrect meter multiplier, incorrect rate, or the Utility’s failure to provide the Customer with notice of rate options. Field error, including, but not limited to, installing the meter incorrectly and failure to close the meter potential or test switches, is also considered billing error. Billing error which does not entitle the Customer to a credit adjustment includes failure of the Customer to notify the Utility of changes in the Customer’s connected load, equipment or operation or failure of the Customer to take advantage of any noticed rate option or condition of service for which the Customer becomes eligible subsequent to the date of application for service.

B. ADJUSTMENT OF BILLS FOR BILLING ERROR
Where the Utility overcharges or undercharges a Customer as the result of a billing error, the Utility may render an adjusted bill to the Customer for the amount of any undercharge, without interest, and shall issue a refund or credit to the Customer for the amount of any overcharge, without interest, in accordance with the procedures and limitations set forth below.

1. BILLING ERROR RESULTING IN OVERCHARGES TO THE CUSTOMER If either a residential or nonresidential service is found to have been overcharged due to billing error, the Utility will calculate the amount of the overcharge, for refund to the Customer, for a period of up to three years. However, if it is known that the period of billing error was less than three years, the overcharge will be calculated for only those months during which the billing error occurred.

2. BILLING ERRORS RESULTING IN UNDERCHARGES TO THE CUSTOMER If either residential or nonresidential service is found to have been undercharged due to a billing error, the Utility may bill the Customer for the amount of the undercharge for a period of up to three years. However, if it is known that the period of billing error was less than three years, the undercharge will be calculated for only those months during which the billing error occurred.

A.16.c
Packet Pg. 999 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
60 ELECTRIC RULE 17.2—ADJUSTMENT OF BILLS FOR UNAUTHORIZED USE A. UNAUTHORIZED USE DEFINED
Unauthorized use includes, but is not limited to:

1. Unmetered use of electricity resulting from unauthorized connections, alterations or modifications to electric supply lines and/or electric meters;

2. Placing conductive material in the meter socket to allow energy to flow from the line side of the service to the load side of the service without a meter (cut in flat);

3. Installing an unauthorized electric meter in place of the meter assigned to the account;

4. Inverting or otherwise repositioning the meter, thereby altering registration;

5. Damaging the meter to stop registration, thereby rendering it untestable;

6. Using the Utility service without compensation to the Utility in violation of applicable rules and/or statutes.

Where the Utility determines there has been unauthorized use, the Utility shall have the legal right to recover, from any Customer or other person who caused or benefited from such unauthorized use, the estimated undercharges for the full period of such unauthorized use. The estimated bill shall indicate unauthorized use for the most recent three years and, separately, unauthorized use beyond the three-year period for collection as provided by law. Nothing in this rule shall be interpreted as limiting the Utility’s rights under any provisions of any applicable civil or criminal law.

B. INVESTIGATION OF UNAUTHORIZED USE
Where unauthorized use is suspected by the Utility, the Utility shall promptly conduct an investigation.

Whenever possible, the Utility shall collect and preserve evidence in the matter, test the meter, and obtain connected load information from the Customer or other person to be charged for the unauthorized energy use. If the meter cannot be tested or connected load data cannot be obtained, the Utility will document the reasons why such information could not be obtained. Whenever possible, upon completion of the Utility’s investigation, the Customer or other person being billed will be advised of the Utility’s claim and shall be given an opportunity to respond to the claim. Notwithstanding any provisions herein, the Utility reserves all evidentiary privileges and rights.

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Packet Pg. 1000 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
61 C. ADJUSTMENT OF BILLS FOR UNAUTHORIZED USE

1. ACTUAL USAGE
If accurate meter readings are available for the unauthorized use period, they will be used for billing purposes.

2. ESTIMATED USAGE
If accurate meter readings are not available or the electric usage has not been accurately measured, the Utility may estimate the energy usage for billing purposes.

The basis for the estimate may include, without limitation and for illustrative purposes only, the physical condition of the metering equipment, available meter readings, records of historical use, or the general characteristics of the load and operation of the service being billed, with consideration of any appropriate seasonal adjustment. Estimated bills for the unauthorized use period may be determined by the Utility based on one or more of the following, without limitation and for illustrative purposes only:
a. Accurately metered use from a remote check meter;
b. The known percent error in metering attributable to the unauthorized use condition as determined by the Utility;
c. Accurately metered use prior to the onset of the unauthorized use; d. The equipment and hours of operation of the service being billed; e. Accurately metered subsequent use of 30 days or more (if available); f. Annual use profile of at least five Customers with similar connected load, Premises load profiles, hours of energy use, etc. (percent of annual use); or g. Other reasonable and supportable billing methodology when none of the aforementioned billing techniques is appropriate under the circumstances.

D. INTEREST ON BILLS FOR UNAUTHORIZED USE

1. The Utility may bill and collect interest at a rate of 10 percent per annum on unauthorized use billings from the date the unauthorized use commenced, and/or

2. The Utility may bill and collect interest at a rate of 10 percent per annum on amortized repayment agreements.

E. RECOVERY OF ASSOCIATED COSTS
The Utility may recover the associated costs resulting from the unauthorized use including, but not limited to, investigative and equipment damage costs.

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Packet Pg. 1001 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
62 F. DISCONTINUANCE OF SERVICE
In accordance with the provisions of Electric Rule 11, where the Utility determines unauthorized use is occurring, the Utility may refuse service or discontinue service. If any part of the Customer’s wiring or any other equipment, or the use thereof, is determined by the Utility or any other authorized public agency to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or is in such condition as to endanger the Utility’s service facilities, the Utility may discontinue service. The Utility may also discontinue service in accordance with the provisions of its rules, for nonpayment of a delinquent billing for unauthorized use, and for associated costs, including nonpayment under an amortization agreement.

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Packet Pg. 1002 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
63 ELECTRIC RULE 21—GENERATING FACILITY INTERCONNECTIONS A. APPLICABILITY
Applicability: This Rule describes the Interconnection, operating and Metering requirements for Generating Facilities to be connected to Moreno Valley Utility’s (“MVU”) Distribution System. Subject to the requirements of this Rule, MVU will allow the Interconnection of Generating Facilities with its Distribution System.

In the event of any conflict between this rule and any of the standards listed herein, the requirements of this rule shall take precedence.

B. DEFINITIONS
The definitions in this Section are applicable only to this Rule, the Application and Interconnection Agreements.

Anti-Islanding: A control scheme installed as part of the Generating Facility or Interconnection Facilities that senses and prevents the formation of an Unintended Island.

Applicant: The entity submitting an Application for Interconnection pursuant to this Rule.

Application: A standard MVU provided form submitted to MVU for Interconnection of a Generating Facility.

Certification; Certified; Certificate: The documented results of a successful Certification Testing.

Certified Equipment: Equipment that has passed all required Certification Tests.

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Packet Pg. 1003 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
64 Customer: The entity that receives or is entitled to receive Distribution Service through the MVU’s Distribution System.

Dedicated Transformer; Dedicated Distribution Transformer: A transformer that provides electricity service to a single Customer. The Customer may or may not have a Generating Facility.

Distribution Service: All services required by, or provided to, a Customer pursuant to the approved rate schedules and rules of MVU.

Distribution System: All electrical wires, equipment, and other facilities owned or provided by MVU, by which MVU provides Distribution Service to its Customers.

Emergency: An actual or imminent condition or situation, which jeopardizes MVU’s Distribution System Integrity.

Field Testing: Testing performed in the field to determine whether equipment meets MVU’s requirements for safe and reliable Interconnection.

Generating Facility: All Generators, electrical wires, equipment, and other facilities owned or provided by Producer for the purpose of producing electric power.

Generator: A device converting mechanical, chemical or solar energy into electrical energy, including all of its protective and control Functions and structural appurtenances.

One or more Generators comprise a Generating Facility.

Gross Nameplate Rating; Gross Nameplate Capacity: The total gross generating capacity of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s).

Host Load: The electrical power, less the Generator auxiliary load, consumed by the Customer, to which the Generating Facility is connected.

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Packet Pg. 1004 Attachment: MVU Rules Fees Charges final 05022023 (6219 : APPROVE RESOLUTION 2023-XX AMENDING ELECTRIC RULE 21) Exhibit B
Resolution No. 2023-XX Date Adopted: May 16, 2023
65 In-rush Current: The current determined by the In-rush Current Test.