Cities Index.
Attachment B - Resolution No. 24-095

Victorville City Council
November 19, 2024

Document
Attachment B - Resolution No. 24-095
Meeting
November 19, 2024
Body
Victorville City Council
Pages
68
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on victorvilleca.primegov.com. That file is the official record.

3. Impaired Access and Clearances.

Whenever the Utility determines that its existing service facilities have become inaccessible for the purposes of inspection, operation, maintena nce, Meter reading or testing, or a hazardous condition exists, or any of the required clearances between the existing service facilities and any object becomes impaired in violation any applicable laws, ordinances, these Rules and Regulations, or the rules and regulations of other public authorities having jurisdiction, then the following applies:

The Applicant or owner shall, at the Applicant’s or owner’s expense, either correct the access or clearance infractions or pay the Ut ility its total estimated cost to relocate its facilities to a new location acce ptable to the Utility. The Applicant or owner shall also be responsible for the expense to relocate any equi pment that the Applicant owns and maintains.

Failure to comply with corrective measures within a reasonable time may result in discontinuance of service.

H. EXCEPTIONAL CASES
In unusual circumstances, when the application of these Rules appears impractical or unjust, or not expressly covered, the developer may refer the matter to the Director or designee for special ruling or for the approval of special conditions. The special ruling or approval of special conditions will be agreed to in writing by th e developer and the Utility prior to commencing construction and must comply with all standards for utilities set forth by the National Electric Safety Code (NESC). If the matter is not satisfactorily resolved with the Director or designee, the developer may request a determination from the City Manager using the procedure set forth in Rule 10-F. If the matter is not satisfactorily resolved by the City Manager, the developer may seek appeal from the City Council using the procedure set forth in Rule 10-G.

I. SERVICE DESIGN AND ENGINEERING
Service designs, plans and estimates to determine service charges, or deposits will not be initiated by the Utility until it has reasonable assurance that the Applicant’s project will be built.

This assurance is normally taken as the issuance of a building permit. Should the Applicant desire these service plans and the amount of charges at an earlier time, the Applicant may pay a deposit for early design as determined by the Utility. The design work will then be scheduled along with all other eligible Applicants. A deposit for early design will be credited to the cost of the design and installation of service or refunded as appropriate.

The cost of multiple designs to explore options or redesigns required by changes beyond the control of the Utility shall be paid by the Applicant.

J. RULE 20 CONTAINS THE ABOVE REFERENCED FEES AND CHARGES.

Rule 17
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Rule 17 – Meter Tests and Adjustment of Bills for Errors

A. GENERAL
When regular, accurate Meter readings are not available or 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.

B. TESTS

1. On Customer Request. The Customer may, on notice of not less than one week, request that the Utility test the Customer’s metered services.

2. No charge will be made for such test, but should the Customer request a test within four (4) months after installation or more often than once in six (6) months, a deposit will be required to cover the cost of the test. This de posit will be returned if the meter is found to register more than 2% fast or 2% slow. The amount of the deposit will be dependent on the type of Meter to be tested. .

3. The Customer shall have the right to re quest that the Utility conduct the test in the Customer’s presence or in the presence of an expert or other representative appointed by the Customer. The results of the test will be furnished to the Customer within a reasonable time after completion of the test.

C. ADJUSTMENT OF BILLS FOR METER ERROR

A Meter Error is incorrect kilowatt-hour, kilovar- hour, or demand registra tion resulting from a malfunctioning or defective Meter. It does not include Billing Error, Unauthorized Use, or an error in registration ca used by Meter tampering by an unauthorized person. It also does not include conditions such as grounds, shorts, incorrect Meter readings, Meter dial-overs, improper load wiring (including other Customers’ circuits connected to the wiring), accounting errors, switched Meters, improper Customer wiring, blown fuse in one energized conductor or incorrect Meter sizing.

When, 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 the undercharge and shall issue a refund or credit to the Customer for the amount of the overcharge, computed back to the date that the Utility determines the Meter Error commenced, except that the period of adjustment shall not exceed three (3) years. Such adjusted bills shall be computed in accordance with the following:

Rule 17
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1. Fast Meters. When any Meter is tested and found to be registering more than two percent (2%) fast, the Utility w i l l r ef un d t o t h e Cus t o m er th e am o un t of t he o ve rc har g e, based on corrected Meter readings or the Utility’s estimate of the energy usage either for the known period of the Meter Error, or if the period of error is not known, for the period during which the Meter was in use, not to exceed three (3) years.

2. Slow Meters. If a Meter is found to be registering more than two percent (2%) slow, the Utility may bill the Customer for the amount of the undercharge based on corrected Meter readings or the Utility’s estimate of the energy usage eith er for the known period of the Meter Error, or if the period of the Meter Error is not known for the period the Meter was in use, not exceeding three (3) years for all services.

3. Non-Registering Meters. When any Meter is tested and found to be non- registering, the Utility may bill the Customer for the estimate of electricity consumed, but not registered, not to exceed three (3) years prior to the date the Meter is found to be non-registering for all service. Bills for this purpose will be estimated by the Utility.

D. ADJUSTMENT OF BILLS FOR BILLING ERROR
A Billing Error is an error by the Utility that results in incorrect billing charges to the Customer.

Billing Errors may include incorrect Meter reads or clerical errors by a Utility representative, such as applying the wrong rate, wrong billing factor, or an incorrect calculation. A Billing Error does not include a Meter Error or Unauthorized Use, nor any error in billing resulting from Meter dial over caused by other than the Utility; switched or mismarked Meters by other than the Utility; improper Customer wiring; blown fuse in one energized conductor; inaccessible Meter; failure of the Customer to notify the Utility of changes in the Customer’s equipment or operation; or failure of the Customer to take advantage of a rate or condition of service for which the Customer is eligible.

Where the Utility overcharges or undercharges the Customer as the result of a Billing Error, the Utility may render an adjusted bill for the amount of the undercharge, and shall issue a refund or credit to the Customer for the amount of the over charge for the period of the billing error, but not exceeding three (3) years in the case of an overcharge, and, in the case of an undercharge, not exceeding three (3) years for all services.

E. ADJUSTMENT OF BILLS FOR UNAUTHORIZED USE
Unauthorized Use is the use of energy in noncom pliance with the Utility’s tariffs or applicable law. It includes, but is not limited to, Me ter tampering, unauthor ized connection or reconnection, theft, fraud, inte ntional or unintentional use of energy, whereby the Utility is denied full compensation for electric service provided.

Where the Utility determines that there has been Unauthorized Use of electric service, the Utility may bill the Customer for the Utility’s estimate of such Unauthorized Use. However, such Rule 17
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estimated bill shall indicate Unauthorized Use for the most recent three (3) 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 provision of any applicable law.

1. Actual Usage.

If accurate Meter readings from a remote check Meter are available for the Unauthorized Use period, they will be used for billing purposes.

2. Estimated Usage.

If 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, 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 Customer or person 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:
a. Accurately-metered use from a remote check Meter during the Unauthorized Use period;
b. The known percentage error in meteri ng attributable to the Unauthorized Use;
c. Accurately-metered use prior to the onset of the Unauthorized Use; d. The equipment and hours of operation of the Customer or person being billed;
e. Accurately measured, subsequent use of thirty (30) days or more (if available);
f. Annual use profile of comparible Customers with similar Connected Load, Premises load profiles, hours or energy use, etc. (percent of annual use); or g. Other reasonable and supportable billing methodology when none of the aforementioned billing techniques are appropriate under the circumstances.

3. Recovery of Associated Costs.

The Utility may recover from the Customer the associated costs resulting from the Unauthorized Use, including both investigative and equipment damage costs. Investigative costs Rule 17
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include time and material spent for investigation, bookkeeping, film and film development, and other costs of gathering evidence. Equipment damage costs include the cost of replacing the Utility-owned equipment damaged by the Customer.

4. Discontinuance of Service.

In accordance with the provisions of Rule 11, where the Utility determines Unauthorized Use is occurring, the Utility may refuse or discontinue service without further notice.

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 service facilities, the Utility may discontinue service without further notice.

The Utility may also discontinue service in accordance with the provisions of its tariffs, for nonpayment of a delinquent billing for Unauthorized Use and for associated costs, including nonpayment under an amortization (payment plan) agreement.

F. Limitation on Adjustment of Bills for Energy Use.

For any error in billing not defined as Billing Erro r, Meter Error, or Unauthorized Use, the Utility is not required to adjust the bill. However, any billing adjustment not specifically covered in these Rules and Regulations for an undercharge or overcharge shall not extend beyond three (3) years prior to the date the billing error was discovered by the Utility.

Rule 18
City of Victorville Municipal Utility Services
Electric Service Rules, Regulations and Rate Schedules – Revised Effective July 1,, 2024 – City Council Resolution 22-092

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Rule 18 – Supply to Premises and Resale

A. SEPARATE METERING

Separate Premises will not be supplied through the same meter, except as may be specifically provided for in the applicable Rate Schedule.

B. NONRESIDENTIAL LOADS
In accordance with Rule 16, electric service shall be individually metered to each tenant in a non- residential building or group of buildings or other commercial development on a single Premises with multiple tenants or enterprises. However, where, in the opinion of the Utility, it is impractical to meter each tenant individually or where the City Council has authorized the Utility to supply electric service through a single meter, the Utility may provide service through a single meter subject to the provisions of Sections D and E below.

C. OTHER USES OR PREMISES

The Customer shall not use electricity received fr om the Utility upon other premises, except for the Utility’s Operating Convenience, nor for other purposes than those specified in the Applicant’s application or in the Rate Schedule applied.

D. CUSTOMER WITH MULTIPLE SERVICE ACCOUNTS/METERS AT A SINGLE PREMISES

When the Customer (Single Enterprise) occupies a single Premises with multiple service accounts and/or Meters, the readings of such Meters shall not be combined for billing purposes except as provided for in Rule 9. However, if the Customer physically aggregates the electric loads of such multiple service accounts and/or Meters into a single service account (master- Meter), the account will be provided service under an applicable Rate Schedule.

E. USE BY OTHERS

The Customer shall not charge for electricity received from the Utility and used by any other person, except where the charge to tenants is ab sorbed in the rental for the Premises or space occupied. All energy use, including use by others, supplied through a single Utility Meter is the responsibility of the Customer of record.

F. RESALE OF ELECTRICITY

Resale of electricity or sub-metering of electricity for the purpose of resale is prohibited, except as provided for under Section E, above.

Rule 19

City of Victorville Municipal Utility Services
Electric Service Rules, Regulations and Rate Schedules – Revised Effective July 1,, 2024 – City Council Resolution 22-092

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Rule 19 – Service Area

In January 2001, pursuant to Resolution No. 01-11 adopted by the Ci ty Council, the City authorized and established the Utility as a new department of the City. As provided in Resolution No. 01-11, the Utility has the power to provide various utility services to the residents and businesses of the City, including, without limitation, electric, gas, cable television, telephone, and telecommunications, as from time to time determined by the City Council. The Utility currently exercises only certain of its auth orized functions relating to the provision of electric and gas services within the City to limi ted areas, consisting of the Southern California Logistics Airport (SCLA) and the Foxborough Industrial Park.

Through the Utility, the City provides electric service for commercial and industrial customers at the SCLA and the Foxborough Industrial Park. New or expanded commercial or industrial electric service within these two geographical areas serv ed by the Electric System are part of the exclusive service area of the Utility. Electric se rvice to all of the residents of the City and all businesses not located within the geographic areas served by the Utility as noted above is provided by Southern California Edison Company.

Rule 20
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Rule 20 – Utility Charges and Fees

Applicability:

Applicable to all classes of service as provided in accordance with these Rules and Regulations:

Rule Description Fee Amount
3 Service Connection Charge $39.00Refer to the
Master Fee
Schedule$39.00
3 Service Connection Fee – A fter Hoursdditional Refer to the Master Fee Schedule$6440.00$40.00
7 Minimum Deposit $100.00
7 Minimum Diversion Deposit $100.00
9 Returned Check Charge Refer to the Master Fee
Schedule$25.00
9 Fund Verification Fee $3.50Refer to the
Master Fee Schedule
9 Manual Meter Read Charge Time and MaterialRefer
to the Master Fee
Schedule$80.00
9 Late Payment Ch arge of Unpaid Balance 0.8%
11 Collection Fee $7.00
11 Special 48-Hour Field Notification $10.00
11 Reconnection Charge- Service Call Fee $20.00
11 Reconnection Charge – Service Call Fee Same Day (After 4 p.m.)
$40.00
11 Reconnection Charge – Underground Se rvice or Poletop Time and Material 11 Investigation Charges $70.00 minimum
11 Damaged Steel Locking Ring $12.00
11 Damaged Aluminum Meter Ring $3.00
11 Replaced Damaged 1 Phase Meter $80.00
11 Replaced Damaged 1 Phase Meter – After Hours $120.00 11 Replaced Damaged 1 Phase Meter with Demand $215.00
11 Replaced Damaged 1 Phase Meter – with Demand, After
Hours
$255.00
21 Interconnection Application Fee $1,200.00
The following charges, fees, and bonds are to be assessed, as appropriate, on builders, developers, and Customers requiring the Utility’s services or relocations.

A. SUBDIVISIONS

Formatted: Line spacing: Multiple 1.08 li
Rule 20
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1. The Victorville Municipal Code requires developers to post Subdivision and Improvement Bonds for Public Improvements. Th e estimated cost for electrical underground utilities is: $4,500.00 per acre.

2. In addition to the above fees, the de veloper shall perform all necessary related work in accordance with Rule 15.

3. If construction of the subdivision underground utility facilities has not begun within 12 months of the date of the fee payment, the fee shall be escalated by 10% and paid by the developer before construction proceeds.

4. This cost is reviewed and updated on an annual basis to reflect current expenses incurred by the Utility for installation of this type of underground facility.

B. COMMERCIAL/INDUSTRIAL SERVICE FEES

Applicants requesting new commercial/industrial service shall, at the time of application, enter into the appropriate written Facilities Contract with the Utility before start of construction which contract shall address any applicable fees or co sts associated with installation of electric distribution and/or service facilities.

C. TEMPORARY POWER

Applicants requesting temporary electrical serv ice must complete an application and pay any applicable deposits and fees as defined in Rules 13 and 20; prior to the start of construction.

D. STREET LIGHTING

It is the policy of the Utility that street lighting on private streets be installed in accordance with Southern California Logistics Airport standards. Street lighting on private streets shall be metered in accordance with these Rules and Regulations and service requirements. If a private street is approved for dedication to the City as a public street, the streetlights shall be installed per City Standards and Specifications by the owner and the circuit re-wired for City service prior to acceptance of dedication by the City.

E. REIMBURSEMENT FOR ACCESS REQUEST EVALUATION COSTS

The Utility shall charge a fee equal to all costs incurred to evaluate infrastructure access requests, including but not limited to direct City labor (plus a standard 15% overhead), contracted labor, materials, equipment rental and usage, and documentation costs. These fees shall be payable to disposition of any access request.

F. PLAN CHECK FEES

Rule 20
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The Utility shall charge a fee equal to all costs incurred by Utility personnel in support of plan checking as required to evaluate the Electric al System for conflicts with any proposed new construction or modification of any existing structure or facility.

G. ASSIGNMENT TRANSFER FEES

In the event that rights to any privately constructed facility are to be assigned to the City of Victorville, the assignment of rights under written agreement shall require prior approval by the City Council or its designee and shall be subject to a fee of three hundred dollars ($300.00) to cover the cost of processing the assignment.

H. COPIES OF RULES AND REGULATIONS/TARIFF PAGES

Copies of the Utility’s Rules and Regulations (including Tariff Pages) are on the City’s web site.

Rule 21
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Rule 21 – Generating Facility Interconnections

A. APPLICABILITY

This Rule describes the interconnection, operating, and metering requirements for Generating Facilities to be connected to the Utility’s Distri bution Systems. Subject to the requirements of this Rule, the Utility will allow the interconnection of Generating Facilities with its distribution systems.

Definitions: Capitalized terms used in this Rule, and not defined in the Utility’s other rules, shall have the meaning defined and shall only apply to this Rule an d may not apply to the Utility’s other rules.

This Rule sets forth requirements and conditions for Generating Facilities connected in parallel operation with the Utility’s Distribution Systems. For purposes of this Rule, the interconnecting entity shall be designated as the Generator.

This Rule does not constitute a n a g r e e m e n t o r c o m m i t m e n t t o p u r c h a s e o r d e l i v e r t h e Generator’s power. The purchase or delivery of power and other services that the Generator may require are covered under separate agreements, if any.

B. CONDITIONS

1. Prior to connection of Generating Facility to the Utility's Distribution System, the Generator shall (a) submit a Generation Interconnection Application and pay the Application Fee, (b) execute an interconnection agreement with the Utility and (c) obtain the requisite City permits and authorizations for parallel operation.

2. At all times, the Generator shall design, site, construct, install, operate, and maintain its Generating Facility in compliance with the following:

a. The Utility’s applicable Rates, Rules and Regulations; b. The City’s local permitting requirements, as administered through the City's Planning & Building Department;
c. The Utility's current Generation Interconnection Standards and Guidelines (“GISG”); d. Applicable Federal Energy Regulatory Co mmission approved rules, tariffs, and regulations;
e. Any applicable federal, state, or local laws; and
f. Such other requirements contained in the Interconnection agreement.

Rule 21
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3. The Utility has the right, but not the obligatio n, to review the design of the Generator’s Generating Facility and to inspect the Generator’s Genera ting Facility prior to the commencement of parallel operation with the Utility’s distribution system. The Utility may require the Generator to make modifications, as necessary, to comply with the requirements of Section B.2 of this rule prior to commencement of operation.

4. The Generator shall operate and maintain its Generating Facility in accordance with prudent electrical practices and sh all maintain compliance with all applicable federal, state, or local laws.

5. Where interconnection protective equipment is owned, operated and/or maintained by the Generator, the Generator shall be responsibl e for damages to the City and/or to others arising from Generator-owned equipment.

6. The Generator is solely responsible for providing protective equipment for all Generator’s Generating Facility interconnected with the Utility’s Distribution System as provided in the GISG.

7. The Generator shall grant the Utility the righ t of ingress and egress to the Generating Facility to examine the site and applicable facilities for any purpose reasonably connected with this Rule No. 21. To the extent applicable to the Utility’s right to examine the Generator’s Generating Facility, the Generator shall clearl y identify to the Uti lity any safety-related equipment and signage utilized by the Generator at this Generating Facility.

8. The Utility has the right to require the Gene rator to interrupt, disconnect, or reduce output from its Generating Facility as follows:

a. W h e n n e c e s s a r y , i n o r d e r t o c o n s t r u c t , i nstall, maintain, repair, replace, remove, investigate, or inspect any of the Utility’s equipment or part of the Utility’s distribution system;
b. If the Utility determines in its sole discretion that curtailment, interruption, or reduction is necessary because of emergencies, forced or scheduled outages, force majeure, or compliance with prudent electrical practices;
c. When the Generator’s Generating Facility or their operation endanger City personnel, the Utility's Distribution System, or pose an immediate threat to any person, the environment, or any property; or

Rule 21
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d. When the Generator fails to operate its Ge nerating Facility in conformance with applicable federal, state, and local laws in cluding the Rates, Rules and Regulations and the GISG.

The Utility may require the disconnection of the Ge nerator’s Generating Facility for as long as any of the above conditions (a) through (d) exist. The Utility may, in its sole discretion, provide the Generator with reasonable notice of a possible or actual interruption of service or request to discontinue parallel operation. The Utility shal l not be required to pr ovide written notice to the Generator when the Utility determines an emergency or unsafe operating condition exists related to the Generator’s Generating Facility.

C. INTERCONNECTION DESIGN AND GENERATOR REQUIREMENTS

1. The Generator shall design, site, cons truct, install, operate, and maintain its Generating Facility in such manner as to prevent or protect against adverse conditions to the Utility’s Distribution Systems.

2. The necessary protective equipment (relays, switchgear, transformers, etc.) shall be provided by the Generator or by the Utility at the Generator’s expense.

D. INTERCONNECTION FACILITIES AND COST RESPONSIBILITIES

1. Interconnection facilities include all required means and apparatus installed to interconnect the Generator's Generating Facility with the Utility’s Distribution System.

2. Interconnection facilities installed on the Generator’s side of the point of interconnection shall be owned, operated, and maintained by the Generator, except for those facilities owned and/or operated by the Utility.

3. Costs for initial design, engineering, testing or materials Except as provided under applicable law, the Generator shall be responsible for all costs associated with interconnection facilities owned by the Generator. The Generator shall also be responsible for any costs reasonably incurred by the Utility in providing, operating, or maintaining interconnection facilities and any system upgrades and/or additions required solely for the interconnection of the Generator’s Generating Facility with the Utility's Distribution System.

The Generator shall pay the Utility’s reasonable costs to provide design, engineering, testing, equipment, or materials at the request of the Generator. Such payment shall include, but not be limited to, the Utility's reasonable costs for labor, contracted labor, materials, and equipment Rule 21
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incurred by the Utility in connection with this Rule. The Generator shall make payment to the Utility prior to the Utility’s approval of the Generator's Generating Facility. At its option, the Utility may consider the service as a request for added facilities by the Generator. The Utility may require the Generator to replace the Generating Facility, at the Generator's expense if the Utility determines that such facilities have reached the end of its useful life, unless the Generator has terminated parallel operation of those facilities.

The Utility shall review the Generator’s plans as required to evaluate the effect of any proposed new construction or modification of any existi ng structure or facility upon the Utility's Distribution System. The Utility shall charge its reasonable costs for the Generator’s plan reviews that require staff time or labor in excess of four (4) hours to complete.

4. An interconnection study shall take no more than three months to complete by the Utility.

The estimated cost of the interc onnection study shall be provid ed to the Generator prior to commencement of the interconnection study.

E. METERING

1. For the purposes of monitoring the Generator’s operation, the Utility shall have the right to install meters and associated equipment at the Generator's expense.

2. The Generator shall provide, at no expense to the Utility, a suitable location for all meters and associated equipment.

F. DEFINITIONS
Generator: A customer of the Utility, who uses an electrical Generating Facility, or a combination of those facilities that is located on the customer's owned, leased, or rented premises, and is interconnected and operates in parallel with the electrical grid, and is intended primarily to offset part or all of the customer's own electrical requirements.

Generating Facility: All generators, electrical wires, equi pment, and other facilities owned or provided by Generator for the purpose of producing electric power.

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