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2005-312 %(+$1$%$1$-"$%.1, 2005312 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$2#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201408604/01/14JR ORDINANCE NO. 2005- .3 /2 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AND ADOPTING THE "DENTON MUNICIPAL ELECTRIC - ELECTRIC SERVICE STANDARDS" REGARDING THE CITY'S MUNICIPALLY- OWNED ELECTRIC UTILITY; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council recognizes the appropriateness of a comprehensive, written method of communication, in clearly making known its Denton Municipal Electric - Electric Service Standards, to the citizens ofthe City of Denton, Texas; and WHEREAS, after having reviewed the Denton Municipal Electric - Electric Service Standards, the City Council is of the opinion that the attached Denton Municipal Electric - Electric Service Standards are in the best interest of the citizens of the City of Denton, Texas and should therefore be approved and adopted by the City Council, as attached; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the "Denton Municipal Electric - Electric Service Standards" which are attached as Exhibit "A" hereto, are hereby approved and adopted herein and incorporated by reference by the City Council. SECTION 2. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. That this ordinance shall become effective on !lld after November 1,2005. SECTION 5. That this ordinance and attached exhibit shall be maintained by the City Secretary for public inspection and copying. PASSED AND APPROVED this the M day of &ttiJ &/A./ ,2005. 1 ATTEST: JENNIFER W ALTERS, CITY SECRETARY BY~'~ ~~ \ ~ ~-\"A APPROVED AS TO LEGAL FORM: EDWIN M, SNYDER, CITY ATTORNEY By ~J qJJ S:\Our Documents\Ordinances\05\DME-Electric Service Standards l005.doc 2 C~ fioeL EULINE BROCK, MAYOR Table of Contents 1. Definitions 1 2. General ~ 3. Point of Delivery 12 4. Mcthod of Providing Service 12 5. Continuity of Electric Service 12 6. Lighting 11 7. General Line Extensions il. 8. Residential Line Extensions 12 9. Other Line Extensions 20 10. Residential Developments 22 11. Mobile Home Developments 23 12. Commercial Developments 25 13. Temporary Service 26 14. Meters 27 15. Customers Receipt of Electric Encrgy 27 16. Customers Use of Electric Energy 28 17. Customers Electrical Load 28 18. Interconnection to Electric System 29 19. Liability, Indemnity, and Disclaimer of Warranties 30 20. Conditions to be Fulfilled by Applicant or Customer 11 Appendix A 34 DENTON MUNICIPAL ELECTRIC ELECTRIC SERVICE STANDARDS [ADOPTED BY THE DENTON CITY COUNCIL - EFFECTIVE NOVEMBER I, 2005] 1. DEFINITIONS a. Accessible (as applied to wiring methods): Capable of being removed or exposed without damaging the building structure or finish, or not permanently closed in by the structure or finish of the building. (Applicable Reference - NEC 100) b. Accessible (as applied to equipment): Allowing close approach: Not guarded by locked doors, elevation, or other effective means. Allows doors or covers to be fully opened or removed, and equipment to be operated safely by service personnel. (Applicable Reference - NEC 100) c. Accessible, Readily: Capable of being reached quickly for operation, renewal, or inspections, without rcquiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders, chairs, and so forth. (Applicable Reference - NEC 100 Section 2) d. Aid-in-Construction: A fee required to offset thc cost of construction of facilities outside those normally allowed for installation of elcctric service. e. Approved: Acceptable to Denton Municipal Electric (DME) or other Authority having jurisdiction. (Applicable Reference - NEC 100) f. Authority: Any person or organization with the legal right to control or regulate the devices or actions under discussion. g. Base Revenues: Base Revenues are all charges under the Customer's applicable rate schedule not including Energy Cost Adjustment (ECA) or Renewable Cost Adjustment (RCA) charges. h. Building: "Building" rcferrcd to in these standards includes all occupancies within the same outside walls under a common roof. Individual occupancics separated by - I - firewalls or fire barriers do not constitute separate buildings for the purpose of receiving electric service drops or laterals. i. Cable: A solid conductor with insulation, or a stranded conductor with or without insulation and other coverings (single-conductor cable), or a combination of conductors insulated from one another (multiple-conductor cable). (Applicable Reference - NESC Section 2) j. Conductors Considered Outside of Building: Conductors shall be considered outside of a building or other structure if they are installed under any of the following conditions (Applicable Reference - NEC 230.6): (1) Where installed under not less than two-inches of concrcte beneath a building or other structure; or (2) Whcre installed within a building or other structure in a raceway that is encased in concrete or brick not less than two inches thick; or (3) Where installed in any vault that meets the construction requirements of NEC Article 450, Part 1l1; or (4) Wherc installed in conduit under not less than twenty four (24") inches of earth beneath a building or other structurc. k. Conductor, Electric: A material usually in the form of a wire, cable, or bus-bar, suitable for carrying an electric current. (Applicable Reference - NESC) I. Conduit: A single channel designed and approved specifically for electrical conductors. m. Customer: Any individual, partnership, associatIOn, JOint venture, firm, public or private corporation or governmental agency who is applicant for, or who is receiving the benefit of electric service at a specified Point of Delivery from DME. This term also includes any authorizcd representative who designs or constructs the service and meter installation. n. Customer's Installation: With the exception of DME meter installation, all wiring, devices, apparatus and appliances of any kind or nature useful in connection with Customer's ability to take electric service that are installed on Customer's side of the DME determined Point of Delivery. - 2 - o. Demand Load: The term "demand load" as used herein shall mean the maximum load in kilowatts during any specified time interval. The maximum demand will be determined by appropriate DME personnel and will be used to determine the size and rating of all equipment used in the DME service installation. Demand load may be expressed in terms of amperes, watts, or volt-amperes. p. Denton Municipal Electric (DME): The municipal electric utility owned and operated by the City of Denton, Texas in Denton County, Texas. q. Electric Service: The availability of electric service at the Point of Delivery to all Customers for their general use, irrespective of whether any electric energy is actually taken. r. Enclosure: The case or housing of apparatus, or the fence or wall that surrounds an installation to prevent personnel from accidentally contacting energized parts, or to protect the equipmcnt from physical damage. (Applicable Reference - NEC 100) s. Enclosure, Meter: An enclosure whose purpose is housing the DME kWh or kW meter(s). See ~ I.z,. and ~ l.aa. herein. t. Enclosure, Instrument Transformer: An enclosure whose purpose is housing the DME instrument transformers (voltage or current transformers). u. Energy, Electric: Electrical power (kilowatts) consumed over a given amount of time. The unit of energy as used herein shall be the kilowatt-hour. (a Kilowatt-hour is 1000 watt- hours). v. Fire Protection Note (FPN): Notcs included that highlight fire potential areas related to grounding or fault protection. w. Ground: A conducting connection, whether intentional or accidental, between an electrical circuit or equipment and the earth, or to some conducting body that serves in place of the earth. (Applicable Reference - NEC 100) x. Grounded: Connccted to the earth or to some conducting body that serves in place of the earth. (Applicable Reference - NEe 100) - 3- y. Grounded Effectively: Intentionally connected to the earth through a ground connection or connections of sufficiently low impedance and having sufficient current-carrying capacity to prcvent the buildup of voltages that may result in undue hazards to connected equipment or to persons. z. Meter: The device or any auxiliary equipment installed by DME to measure customer electric energy and demand. Meters are classified as either single-phase or three- phase, and are either self-contained or transformer-rated. Self-contained meters operate directly from the service voltage and load current. Transformer-rated meters rcquire current transformers ("CT's") or voltage transformers ("VT's"), or both, to reduce the service current or voltage when they are beyond the measuring capacity of self-contained meters. aa. Meter Loop: All wiring and connections within the meter or instrument transformer enclosure or meter socket required to connect mctering equipment to a Customer's residence or place of business. This equipment usually consists of service lateral or service entrance conductors within the meter or instrument transformer enclosure or meter socket for connection to the line and load side of metering equipment. bb. Meter Socket (Single-position): A DME-approved single-position enclosure of weather resistant design used for mounting a ~detachable type self-contained meter. cc. National Electrical Code (NEC, ANSI/NFPA-70): An American National Standard published by the National Fire Protection Association for the purposes of safeguarding persons and property from hazards arising from the use of electricity, and setting forth provisions considered necessary for safety. Electrical contractors must abide by the NEC, for intemal and external wiring of buildings and structures. This Code shall be referred to herein as the NEC and shall mean the edition of the code approved by DME, or the authority having jurisdiction. Some NEC data referred to herein may be modified from time to time as determined by the National Fire Protection Association or its successors. The more stringent requirements shall apply where there is a difference between DME service standards and the NEC. dd. National Electrical Safety Code (NESC, ANSI C2): An American National Standard published by the Institute of Electrical and Electronics Engineers, Inc. (IEEE). - 4 - The purpose of the NESC is the practical safeguarding of persons during the installation, operation, or maintenance of electric supply and communication lines and associated equipment. The NESC covers supply and communication lines, equipment, and associated work practices employed by a public or private electric supply, communications, railway, or similar utility in the exercise of its function as a utility. It covcrs similar systems under the control of qualified persons, such as those associated with an industrial complcx or utility interactivc system. The Code or revisions to the Code shall be referred to herein as the NESC. It shall be the 2002 Edition thereof and all subsequent editions. Some NESC data referred to herein may be modified from time-to-time as determined by the National Fire Protection Association or its successor(s). The more stringent requirements shall apply where thcrc is a difference between DME service standards and the NESC. ee. Point of Delivery: The point where the clectric energy first leaves the conductors or devices owned by DME and enters the service entrance, other conductors, or devices owned by customer. (Also see NEC 100 "Service Point") (1) Point of Delivery - Pad-Mounted Transformers to Commercial or Industrial Customers: Where Pad-Mounted transformers are installed to serve commercial or industrial customers, or high-rise multiple-occupancy residential buildings, the Point of Delivery will be at the secondary transformer spades, regardless of meter location. The customer must provide and install DME approved secondary connections in the transformer. (2) Point of Delivery - Primary-voltage Cable to High-rise Residential Buildings: Where DME-owned primary-voltage cable serves transformer vaults with transformers supplying secondary-voltage service to grouped or individual meters, the Point of Delivery will be in the transformer vault at the secondary spades of the transformer. All DME owned conductors shall bc effcctively outside the building in accordance with ~ I.h hereof. (3) Point of Delivery - Primary-voltage Service - Overhead: The Point of Delivery will he at the line-side terminals of the DME primary metering equipment. (4) Point of Delivery - Primary-voltage Service - Underground: The Point of Delivery will be in a metering compartment within Customer's switchgear or switchboard, or in a separate primary meter enclosure. - 5 - (5) Point of Delivery - Underground Service from Overhead Distribution: Where an underground service is taken from a transformer or from an overhead secondary on a DME pole in an overhead distribution area, the Point of Delivery will normally be at the meter equipment located outdoors on the Customer's building or structure. Where meters are grouped with wire gutters, ~2.k shall apply. If a bussed gutter is ,used, the Point of Delivery will be at the secondary transformer spades, or it will be in the secondary connection box ahead of the gutter if one is required. ff. Property Owner: The owner of the real property where electric structures, equipment, or easements are located. gg. Raceway: An enclosed channel of metal or nonmetallic materials designed expressly for holding wires, cables or buss-bars, with additional functions as permitted by NEC 100. "Raceway" as used herein will mean one or more above ground conduits. hh. Service Conductors: The conductors from the Point of Delivery to the service disconnecting means. (Applicable Reference - NEC 100) ii. Service Drop: The overhead service conductors extending from the DME overhead distribution system to the Point of Delivery where the connection is made to the Customer's service-entrance conductors at the building. (Applicable Reference - NEC 100) (I) "Triplex" or "Quadraplex" cablcs arc used for most service drops and consist of one bare neutral and two or three insulated aluminum conductors. (2) Larger service drops consist of three or four ethylene-propylene rubber (EPR) insulated copper conductors. They may be installed either "open" (moused) where each phase conductor is separate and attached to the structure or building separately, or "cabled" (bundled) where all phase conductors are twisted together and attached to the building or structure at one point. jj. Service-entrance Conductors - Overhead System: The service conductors between the terminals of the service equipment and a point usually outside the building, clear of building walls, where joined by taps or splice, to the service drop. (Applicable Reference - NEC 100) kk. Service-entrance Conductors - Underground System: The conductors between the terminals of the service equipment and the point of connection to the service lateral. (Applicable Reference - NEC 100) - 6- II. Service Equipment: The necessary equipment, usually consisting of a circuit breaker(s) or switch(es) and fuse(s), and their accessories, connected to the load end of service conductors to a building or other structure, or an otherwise designated area, and intended to constitute the main control and cutoff of the supply. (Applicable Reference - NEC 100) mm. Service Installation: The service drops or laterals and meter, together with auxiliary devices and poles, if any, owned and installed by DME used to connect the DME electric supply lines to Customer's installation. nn. Service Lateral: The underground service conductors between the utility source, including conductors from any risers at a polc or other structurc or from pad-mount transformcrs, and the first point of connection to the service entrance conductors in a terminal box or meter or other enclosurc inside or outside the building wall. (Applicable Reference - NEC 100) 00. Service Outlet - Overhead Services: That portion of Customer's installation that includcs thc service raceway, Weatherhead and scrvice entrance conductors. This term is used to describe that portion of the service that is installed, owned and maintained by Customer. pp. Service Raceway: The conduit that contains the service entrance conductors. "Raceway" as used herein refers to above-ground installations. qq. Shall, or Must, or Will: These terms signify mandatory compliance with the Articles in the DME Electric Service Standards. rr. Transformer Vault (Room): An approved space for housing DME-owned distribution transformers that supply electric servicc to Customer's premises. Vaults and rooms shall be designed and built in accordance with NEC and DME standards, be suitable for the purpose intcnded, and shall be readily accessible as defined in ~ l.c. hereof. ss. Transmission Line: Any line operating at a nominal line-to-line voltage equal to or grcatcr than 60,000 volts. tt. Transocket: A single enclosurc for instrument rated metering. Includes meter socket, current transformers, voltage transformers (if required), and test switch. When the - 7 - current limitations of a self-contained meter socket are exceeded, a Transocket may be installed as standard equipment for applications of 480 volts or less. uu. Underground Distribution System: Underground distribution installation/system consisting of any combination of the following - conduit, conductor cable, vaults, risers, and pad-mounted switchgear. vv. Underground Residential Distribution (URD) System: Those residential areas in overhead distribution areas that are served from an isolated underground electric system. ww. Voltage, Nominal: A nominal value assigned to a circuit or system, for the purpose of, conveniently designating its voltage class. (e.g. 120/240 volts, 480Y1277 volts, 600 volts, etc.) The actual voltage that a circuit supplies can vary from the nominal value within a range that permits satisfactory operation of equipment. (Applicable Reference - NEC 100) xx. Weatherhead: An enclosure designed to allow for weather resistant entry of cable or conductors to an electrical enclosure. yy. Weather Resistant: Constructed or protected so that exposure to the weather will not interfere with successful operation. (Applicable Reference - NEC 100) 2. GENERAL PROVISIONS a. Location Limitations: DME does not allow DME owned conduit and cable, or un-metered Customer conductors, under a building or permanent structure. b. Clearance and Easement Requirements: (1) DME requires certain clearances or easements for new installations. of its electrical equipment. Other utilities may require additional clearances or easements. (a) The City of Denton has adopted the National Electrical Safety Code (The "Code"). The Code generally prohibits structures within 17.5 feet on either side of the center-line of overhead distribution lines and within 30 feet on either side of the centerline of overhead transmission lines. In some instances the code requires greater clearances. Building permits will not be issued for - 8- structures within these clearance areas. Contact the building official with specific questions. (b) The above statement shall be stamped on all Final Plats. (2) DME may require additional easements for the safe, reliable, and efficient installation of electric utilities. These easements will be determined when the final layout of the development and electrical load data is provided in accordance with the City of Denton Municipal Code, Denton Development Code and all subsequent resolutions and ordinances adopted by the City Council of the City of Denton, Texas (3) The property owner is responsible for maintaining all existing electric and public utility easements on the property free of structures and in accordance with current City of Denton ordinances or other directives. c. Clearance: (I) Power Line Clearance From Vegetation/Trees For reasons of safety and system reliability, DME requires ten (10) feet clearance in all directions from overhead power lines. DME will, at its discretion, trim or remove all trees or other vegetation that grow within this distance. When trimming trees, DME will follow ANSI standards and make reasonable efforts to preserve the health of trees in accordance with accepted utility industry practice and any applicable legal requirements (2) Clearance Around Pad-Mounted Equipment DME requires ten (10) feet of clearance from any non-opening side and twenty (20) feet of clearance from any doors on pad-mounted equipment. Service will not be connected if adequate clearances are not provided. For equipment in 'service, in non-emergency situations, when availability of electric service to Customers is not in immediate jeopardy, DME will provide written notice of the violation and allow the property owner seven (7) days to remedy the situation. If that does not occur, or the property owner has not demonstrated to DME's satisfaction that he is making a reasonable attempt to remove the problem in a timely fashion, DME will either remove the obstruction at the property owner's expense or terminate service. In the case of an outage to Customers or an emergency, DME reserves the right to immediately, without notice to the property owner, remove any item or obstruction that restricts access to electric facilities at the property owner's expense. - 9- d. Ownership of Distribution Facilities: DME shall retain the ownership of all material and facilities installed by DME for the distribution of electric energy whether or not the same have bccn fully or partially paid for by the Customer through Aid-in-Construction at the time of installation. All lines and facilities constructed or installed by DME are the property of DME. DME will install and maintain the electric supply lines and service installations on DME's side of the Point of Delivery. DME will not install or maintain any facilities or devices except meters, on Customer's side of the Point of Delivery. e. Relocation of Facilities: DME will relocate its facilities on Customcr's premiscs at Customer's rcquest provided that Customer has (1) provided a satisfactory easement for the new facilities; and (2) paid in advance the estimated costs for the removal of the old facilities, and all costs for the construction of new facilities. If DME determines it is necessary to move its facilities because Customer fails or refuses to allow DME access to DME's facilities at any time, then Customer will be billed the actual cost of relocation. If development requires the relocation of existing electrical facilities, the Customer/Developer will be responsible for all costs associated with the relocation. The Customer/Developer may elect to use either the estimated cost provided by DME or the actual costs of the relocation. The choice must be made before any work will commence and may not be changed once work has begun. DME will provide an estimate of the relocation cost, which must be paid in full prior to DME commencing work on the relocation. If the estimated cost is clected and the estimated cost exceeds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. If the actual cost is elected and the estimated cost differs from the actual cost by $1500 or 10%, whichevcr is greater, the cxccss will be refunded or shortages billed to the Customer/Developer. (1) Line Clearance For Transportation or Construction (a) DME will assist in the transportation of oversized objects through or across DME's right-of-way or in the construction of buried facilities within DME's right-of-way by temporarily de-energizing DME facilities or temporarily relocating or raising electric facilities provided that DME receives compensation for all actual costs incurred. (b) Actual cost shall mean: (i) Total construction costs including but not limited to DME or contract labor (including overheads); materials used, vehicle usage (including mileage); engineering, right of way acquisition and clearing; - 10- (ii) Cost for Administrative and Billing related activities. f. National Electrical Safety Code: The Customer, Developer, and Property Owner are responsible for maintaining the level of care set forth by the latest State of Texas adopted National Electrical Safety Code for existing and planned electric utilities in all developments. g. Service Characteristics: The electric service provided by DME IS alternating current at a nominal frequency of 60 Hertz. h. Voltages: Overhead Primarv Service Three Phase Underground Primarv Scrvicc Three Phase 7,620/13,200GY 7,620/13,200GY Ovcrhead Secondarv Service Single phase Three Phase Underground Secondarv Service Single phase Three Phase 120/208 120/240 240/480 120/240 240 277/480 480 120/208 120/240 240/480 120/240 240 277/480 480 FPN: See ANSI C84.1-1995, Voltage Ratings for Electric Power Systems and Equipment (60 Hz). i. Number of Services: (1) For each Customer account, DME will supply service at one point, through one metcr, at one voltage class under its rate schedules, and "Service Standards". (2) A building, other structure, or property served shall be supplied by only one service. (Applicable Reference - NEC 230.2). Where exceptions are made, Customer and DME must agree to the exception and all costs for additional services will be the responsibility of the Customer. (3) DME reserves the right to make the final determination concerning the type of service provided. j. Metering: (1) Customer's meter shall be installed at a suitable location as determined by DME. -11- (2) The meter socket shall be furnished, owned and installed by the Customer (see Appendix A attached hereto for sizes). (3) All service taken at the same Point of Delivery will be metered with one meter, or in the case of multiple-occupancy, with grouped meters. (4) Where it is necessary for DME to supply service with more than one transformer, and Customer arranges his service entrance to receive all services at one location, DME may provide totalizing metering at DME's discretion. (5) Where additional transformers are used for Customer's convenience to supply their demand load, and the transformers are not located together, separate meters will be installed. If the transformers are located together and totalizing equipment is used, the totalizing equipment shall be installed at Customer's expense. (6) DME will not allow meter sockets to be mounted on pad-mounted transformers. The Customer shall install a one-inch conduit from the pad- mounted transformer's secondary compartment to a remotely mounted meter socket. The Customer shall install pull tape in this conduit for DME's use. (7) In order to comply with the requirements of the Electric Reliability Council of Texas or its successors, DME requires that a Customer supplied active telephone line be installed to each meter for loads that require a 750kV A or larger transformer. DME reserves the right to require Customer supplied active telephone lines on any special metering installations, such as those that provide load-profile or load-optimization data, and on any metered load that requires a 500kV A or larger transformer. k. Separate Services Supplied: (1) Where multiple customers are served from a single transformer, extemal disconnects shall be installed by the customers at the building service entrances. Where more than one service is supplied in accordance with S2.i. and s3.a. herein, a permanent tag or directory made of brass and approved by DME, shall be installed at each service disconnect location denoting all other services or feeders, the supplying building or structure, and the area served by each. See NEC 235.37, NEC 230.2(E) Section. FPN: Where service equipment is located outside the building walls, there may be no service-entrance conductors, or they may be entirely outside the building. (2) A minimum two-hour fire barrier is required where separate services are supplied to a building. The fire barrier rating shall be based on the Building Codes adopted by the City of Denton. If this requirement is not met, DME shall enforce this requirement through refusal to supply electric service to a newly constructed facility or disconnection of electric service to an existing facility. The Fire Marshall, Building Inspector, or DME's Operations Department may issue - 12- disconnection orders. Services in buildings with multiple services shall not cross fire barriers. I. One Building or Other Structure Not to Be Supplied Through or Under Another: DME owned service conductors shall not pass through the interior or beneath any building or other structure to provide service to another building. m. Single Phase Residential Service Lateral Lengths: The maximum service lateral length permitted will be based upon several factors including voltage drop, service length, and load. The maximum service lateral distance shaU not exceed 250 feet. For service lateral lengths exceeding this distance, the meter and service equipment shaU be located adjacent to the transformer or at the property boundary nearest the transformer. The Point of Delivery will be at the service equipment adjacent to the transformer. n. Availability of Electric Service: Service may not be readily available in aU areas served by DME. The Customer shaU consult with DME prior to requesting service to determine possible costs, and time lines for extension. (See s9.a. hereof) o. Access to Equipment: Where DME's equipment is located on the Customer's premises, the Customer shaU be responsible for clearing the route for access and making all equipment Readily Accessible for operation, maintenance and replacement. p. Initiation of Service: Application for service can be made at either Customer Service office: Main Office: 60 I East Hickory Street Suite F Denton, TX SateUite Office: Golden Triangle Mall 2201 South 1-35 East Denton, TX or by phone at (940) 349-8700, during normal business hours. (1) Electric service is provided to Customers in DME's certificated area who have satisfactorily established credit and have met aU conditions contained herein. (2) If a line extension is required or if facilities are not available, DME shall inform the Customer in a timely manner foUowing receipt of the application and give the Customer an estimated completion date. (3) Any construction cost options such as rebates to the Customer, sharing of construction costs between the utility and the Customer, or sharing of costs - 13- between the Customer and other applicants shall be explained to the Customer following assessment of necessary line work. q. System Protection: (1) DME does not guarantee service against interruptions, irregularities, or fluctuations. (2) DME is not liable for any damages caused by interruptions, irregularities, or fluctuations. (3) It is thc Customer's responsibility to protect his equipment against any service irregularity including, but not limited to, overcurrents, unbalanced loads, unbalanced voltages, single phasing conditions, over-voltage, under-voltages, surges, brownouts, blackouts, or any other service irregularity. r. Contract for Service: (1) Acceptance of Service under any ratc schedule constitutes acceptance of and agreement to these Electric Service Standards. (2) Customer requests for electric service of the character and type provided by DME are granted within the limitations of the applicable rate schedule for electric scrvice, the availability of DME facilities, the characteristics of Customer's electrical load, and these Electric Service Standards. (3) DME may require special contractual arrangements, which may include additional charges, prior to DME's providing electric service if the electric service requested by Customer is not available at the servicc location, is other than that which DME provides under its standard service alternatives or if the service requested is not adequately compensated for by the applicable rate schedule. (4) The grant of an application shall operate as an acceptance of Applicant's offer to purchase electric service and abide by DME's Electric Service Standards. (5) Any Customer taking electric service from DME, in consideration of DME's supplying electric service and regardless whether or not such Customer has madc application for such electric service, is bound by these Electric Service Standards and is liable to DME for payment for such electric service under the applicable rate schedule. (6) Customer assumes all responsibility on Customer's sidc of the Point of Delivery, excluding DME's meter, for the service supplied or taken as well as for the Customer's installation including appliances and apparatus used in conjunction therewith. -14 - 3. POINT(S) OF DELIVERY DME shall determine points of delivery. The Point(s) of Delivery listed below are intended to be applicable to the majority of serviees. All parties concerned must recognize that isolated circumstances not covered in this document may require delivery at a point other than as specified herein. a. Commonly Used Points of Delivery: (1) Service Drops: Where DME has existing service conductors continuous and unbroken to a meter soeket or enclosure, the Point of Delivery will be at the line-side of the meter socket or load side of the metering current transformers. Where there is a point of junction between DME service-drop conductors and customer's service-entrance conductors, the Point of Delivery shall be at that junction (Weatherhead). (2) URD Areas and Apartment Complexes with Underground Service: (a) Commercial and Industrial: The point of delivery for commercial and industrial facilities will be the secondary terminals of pad-mounted transformers. (b) The Point of Delivery for single-family dwellings will be at the line side of the meter socket or load side of the metering current transformers. The Point of Delivery for multi-family dwellings will be at the secondary spades of either a transformer or connection cabinet. Where a main disconnecting devicc is installed ahead of meters, the Point of Delivery will be in that device. Where DME-owned service-lateral conductors serve a wire gutter, the Point of Delivery will be in a junction box ahead of the wire gutter, or at a pedestal, or transformer as determined by DME. (c) Where two meters are served from a wire gutter the Point of Delivery will be at the secondary transformer spades or secondary connection box. (d) Where two-meter meter pedestal installations are used, no external junction box will be required. The Point of Delivery will be at the line side of thc meter socket. ( e) Where one to six meters are served from a Customer owned meter module, the Point of Delivery will be at the secondary transformer spades or secondary connection box. (t) Other Points of Delivery will be as determined by DME as needed. - 15- 4. METHOD OF PROVIDING SERVICE a. Overhead Service Drop: Electric service from overhead distribution facilities is available to Customers who meet the requirements of these Electric Service Standards. To reccive overhead service, a Customer must install a suitable bracket for attachment of DME Conductors in compliance with NESC requirements. DME may refuse to providc ovcrhcad service in any area where DME has or expects to have substantial investment in underground distribution facilities or is required by City codes or guidelines to place new service underground. DME provides overhead service drops up to 100 feet in length at no cost to the customer. The Customer is responsible for all costs for service drops longer than 100 feet. b. Underground Electric Service: Electric scrvice from underground distribution facilities is available to Customers who meet the requirements of these Electric Service Standards. In areas served by DME's underground distribution system, phase and voltage of electric scrvice may be limited to that which can bc provided from existing facilities. The location and routing of underground distribution facilities will be determined by DME. A Customer may be required to provide, at his/her expense, pads for pad-mounted transformers, conduit, and other associated equipment prior to commencement of construction. Before the installation of underground distribution facilities, a Customer will complete rough site grading, establish final grade along conductor route, clearly mark or, if required by DME, expose to view any underground installation including gas lines, water lines, wastewater lines, communication lines, etc., and clear the arca of all obstructions. Following installation, no change shall be made in the grade along the conductor routc without the consent of DME. DME provides underground service drops up to 100 feet in length at no cost to the customer. The Customer is responsible for all costs for service drops longer than 100 feet. 5. CONTINUITY OF ELECTRIC SERVICE a. Reasonable Diligence: DME uses reasonable diligence in accordance with standard utility practices to provide continuous and adequate service in accordance with the Electric Service Standards, as set forth herein, but does not warrant or represent that irregularities or interruptions will not occur. b. Service Interruptions: (J) Service interruptions may occur. Customer is responsible for installing and maintaining protective devices as are recommended or requircd by the most current edition of the National Electrical Code and other such devices as are necessary or advisable to protect Customer's equipment or process during - 16- irregular or interrupted service including, but not limited to, voltage and wave form irregularities, or the failure of part or all of the electrical service. When interruptions do occur DME shall re-establish service as soon as practicable. (See S2.q. hereof) (2) DME may interrupt service to provide necessary civil defense or other emergency service in the event of a national emergency or local disaster. DME may also interrupt service as necessary for maintenance, repairs, construction, moving of buildings or oversized objects, relocation or changes of facilitics, to prcvent or alleviate an cmergency which may disrupt operation of all or any portion of DME's system, to lessen or remove risk of harm to life or property, to aid in the restoration of electric service, on occasions when any DME wholesale power suppliers fails to deliver sufficient power and/or energy to DME, if ordered to do so by the Electric Reliability Council of Texas, and on failure of all or part of the electric transmission grid of Tcxas. c. Investigation of Service Interruptions and Irregularities: DME will investigate service interruptions and irregularities reported by a Customer. Such investigation normally terminates at the Point of Delivery. If standard service voltage exists at this point and DME's service facilities are in good condition, the Customer shall be so advised. DME shall not be obligated to inspect Customer's conductors, installation, or equipment. 6. LIGHTING a. Street Lighting: DME will install street lighting as requested by the developer and as required to meet local lighting regulations, including, but not limitcd to, requirements defined in the Denton Municipal Code and Development Code. The developer will be required to pay 100% of the estimated cost of the street lighting facilities in advance of construction. Street lighting facilities will include poles, fixtures, controls, conduit, wiring, and other electric equipment and devices required for the lighting system. Poles and fixtures will be of one of the DME standard poles and fixtures availablc at thc time. The estimated cost for the lighting system shall mean the total cost of all construction, including not only the labor and materials used in construction but also engineering, right of way acquisition and clearing, and all other costs directly attributable to the installation. b. Area Lighting/Security Lighting: DME will construct one overhead span of 80' and install a wood pole and fixture (rcfer to DME ratc ordinance, Schedule DD) to serve security lighting. Any Customer requirements beyond this standard shall be at the expense of the Customer. Customer shall pay in advance as non-refundable Aid-in-Construction any excess costs of such lighting construction. For underground services to security lighting, the Customer will pay in advance as a non-refundable Aid-in- - 17- Construction such costs between the cost of a standard installation and the cost of the underground service installation. 7. GENERAL LINE EXTENSIONS a. General Policy: DME will extend its primary voltage distribution facilities to Customers in accordance with the following line extension provisions. DME will not charge the Customer for the extension of overhead primary voltage distribution facilities for any distance less than 300 feet in areas where overhead facilities exist. DME will not charge the Customcr for the extension of underground primary voltage distribution facilities for any distance less than 300 feet in areas where underground distribution facilities exist. A Customer will be required to make a Contribution as Aid-in-Construction for the extension of primary voltage distribution facilities if the available delivery source is more than 300 feet from the point the line must be extended to or if the Customer requests an underground primary voltage distribution facility extension in an area where overhead facilities exist. Any required contribution will not include costs for facilities that are normally provided by DME, such as meters, and service drops. Each provision of ~8 through ~ 13 herein classifies the predominant type of electric service/use anticipated on Customer's premises and specifies conditions under which a primary voltage line extension may be made. For each location where primary voltage electric line extension is required, determination of a Customer's classification involves an evaluation of the type of installation and its use. DME shall determine Customer's classification. In the event that the classification assigned by DME is incorrect based upon Customer's subsequent actual use of the installation then DME may alter Customer's classification and apply the correct line extension classification, making appropriate adjustment to the Customer's account or billing. b. Determination of Aid-in-Construction: (1) Thc distance of a requested extension will be measured along the route of the new line from an existing source of primary voltage line to the point required by the Customer. The Customer will be required to pay for all costs not normally provided for by DME, less 20% of the DME estimated Base Revenues to be collected from the new Customer over a three-year period. (2) If more than one Customcr is requesting service from the same cxtcnsion, the length of primary line extended without a fee is equal to the product of the number of Customers to be served from the line times 300 feet. (3) The contribution required for an extension beyond 300 fect will be the diffcrence between the cost of the line extension beyond 300 feet and 20% of - 18- the DME estimated Base Revenues to be collected from the new Customer over a three-year period. (4) If more than one Customer is rcquesting service from the same extension, it shall be the responsibility of said Customers to agree on the division of the total required Aid-in-Construction. Said Customers shall providc DME with onc payment for such Aid-in-Construction. DME shall not be responsible for collecting Aid-in-Construction payments from individual Customers. 8. RESIDENTIAL LINE EXTENSIONS a. Permanent and Continuing Residential Service: DME will construct a new extension of its overhead or underground distribution system to serve a permanent and continuing residential installation as follows: b. Applicability: To qualifY as an extension to a permanent residential installation, the location where Customer is requesting service shall; (1) Be a single, permanent installation; and (2) Bc a single or multi-family residence; and (3) If located within a residential development or mobile home park, the developer must have complied with the residential development or mobile home- park line extension policy of DME and paid all Aid-in-Construction amounts rcquired therein. c. Point of Delivery: DME will extend its primary voltage electric facilities to the location required to provide a Service Drop to the Point of Delivery. The Customer shall install and be solely responsible for wiring of the installation and all service entrance wiring through the weather-head and the meter base to Customer's main disconnect switch or service center. d. Aid-in-Construction: DME shall estimate the actual cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The actual cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right- of-way acquisition and clearing, and all other costs directly attributable to the extension. The required Aid-in-Construction costs will be calculated using the cstimated cost for the line extension and the formulas set forth in ~ 7 hereof. The Customer may elect to use either the estimated costs or the actual costs for construction. The choice must be made prior to the start of construction. That choice may not be changed once construction has begun. With cither choice, - 19- DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. (1) Aid-in-Construction Based on Estimated Costs: DME Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and estimated costs will not bc refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions rcquired of the Customer. (2) Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customcr. If the estimated cost exceeds actual cost by more than $1500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. 9. OTHER LINE EXTENSIONS: DME will construct a new extension of its overhead or underground distribution system to serve all other permanent installations under the following provisions: a. Applicability: To qualify as an extension under this section, the location where the Customer is requesting service shall: (1) Be a permanent installation; and (2) Be a classified as commercial, industrial, or public building installation; and (3) If located within a commercial development, the developer must havc complied with the commercial development line extension policy of DME and paid all Aid-in-Construction required therein. b. Point of Delivery: DME will extend its primary voltage electric facilities to the point required to provide a service drop to the Point of Delivery. The Customer shall install and be solely responsible for wiring of the installation and all service entrancc wiring through the weather-head and the meter base to Customer's main disconnect switch or service center. c. Aid-in-Construction: DME shall estimate the cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The - 20- estimated cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right- of-way acquisition and clearing, and all other costs directly attributable to the extension. Required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in 97 hereof. The Customer may elect to use either the estimated costs or the actual costs for construction. The choice must be made prior to the start of construction and thc choice may not be changed once construction has begun. With eithcr choice, DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. (I) Aid-in-Construction Based on Estimated Costs: Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. (2) Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1500 or 10%, whichever is greater, thc Customcr will be required to pay the differencc before service will be connected. d. Customers with Loads Greater than lOOOkW: For Customers with loads greater than 1000 kW, DME shall exercise prudent judgment in determining the conditions under which a specific line extension will be made and shall view each case individually. DME shall review such Customer's specific equipment requirements and may require Aid-in- Construction contributions for any equipment that is not normally provided as part of a line extension. e. Contract Term: Where a line extension is required to provide service, DME may require Customer to sign an Agreement For Electric Service for a term of up to five (5) years, provided, however, that an agreement for a longer term may be required in accordance with 92.r(3) hercin. 10. RESIDENTIAL DEVELOPMENTS a. Applicability: (1) DME will construct a new extension of its overhead or underground distribution system to provide service within residential developments when five (5) or more contiguous lots are scheduled for immediate development, under the following conditions: - 21 - (a) The development is a platted residential subdivision to be primarily used or developed for permanent single or multi-family residential dwelling units; and (b) The development has an approved water and sewer system and improved roads; and (c) The land developer establishes credit, executes an electric service agreement, and complies with all other applicable provisions of the Electric Service Standards of DME; and (d) The developer provides at no cost to DME: (i) Right-of-way easements and covenants on owner's property that are satisfactory to DME; and (ii) Site plans (streets, wet utilities, mechanical, electrical, plumbing. and landscaping plans, etc.), notice of construction start dates and construction schedules that arc reasonable and industry typical for the type of work to be performed; and (iii) Survey points for grades, lot comers, street ROW, and other locations reasonably necessary for installation of the electric system. ' (2) DME will install only a front lot system unless a specific exception is granted. DME will agree to such an exception at its sole discretion; b. Aid-in-Construction: DME shall estimate the cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The actual cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right-of- way acquisition and clearing, and all other costs directly attributable to the extension. Actual required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in S 7 hereof. The Customer may elect to use either the estimated cost or the accrual cost for construction. The choice must be made prior to the start of construction. That choice may not be changed once construction has begun. With either choice, DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. (1) Aid-in-Construction Based on Estimated Costs: Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and - 22- estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. (2)Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost excceds the estimated cost by more than $1500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. c. Underground or overhead service lines and metering for each residential meter location shall be estimated in the manner described in 99.b(1) herein. The developer, homebuilder, or Customer prior to installation of the service line will pay the cost in excess of 100 feet. d. Any additional cost experienced by DME for boring, hand digging, or other construction required due to placement of obstacles by the developer, homebuilder, or Customer will be paid by the developer, homebuilder, or Customer. 11. MOBILE HOME DEVELOPMENTS a. Applicability: (I) DME will construct a new extension of its overhead or underground distribution system to provide service within mobile home developments when five (5) or more contiguous lots are scheduled for immediate development, under the following conditions: (a) The development is a platted residential subdivision to be primarily used or developed for permanent mobile home dwelling units; and (b) The development has an approved water and sewer system and improved roads; and (c) The developer will provide at no cost to DME: (i) Right-of-way easements and covenants on owner's property that are satisfactory to DME; and (ii) Site plans (streets, water/wastewater utilities, mechanical, electrical, plumbing, and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed; and - 23- (iii) Survey points, as DME requires, for grades, lot comers, street ROW, and other locations reasonably necessary for installation of the electric system; and (iv) Adequate disconnects, meter socket, pedestal, circuit breakers and receptacles at the front of each mobile home location; and (v) Secondary service lines from the meter location to the mobile home. (2) This Article does not apply to developments designed for the accommodation of travel trailers. (3) DME will install only a front lot system unless a specific exception is granted. DME will agree to such an exception at its sole discretion. b. Aid-in-Construction: DME shall estimate the cost for the line extension based on the most recent data available for unit material and labor costs for the same type of construction. The actual cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the extension, engineering, right-of- way acquisition and clearing, and all other costs directly attributable to the extension. Actual required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in ~ 7 hereof. The Customer may elect to use either the estimated costs or the actual costs for construction. The choice must be made prior to the start of construction. That choice may not be changed once construction has begun. With either choice, DME requires full payment of the total amount of the estimated Customer contribution before beginning any construction. (1) Aid-in-Construction Based on Estimated Costs: Estimated costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds thc estimated cost, there will be no further contributions required of the Customer. (2) Aid-in-Construction Based on Actual Costs: Actual costs will be used to determine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1,500 or 10%, whichever is greater, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1,500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. - 24- 12. COMMERCIAL DEVELOPMENTS a. Applicability: DME will construct a new extension of its overhead or underground distribution system to provide service to a commercial site, or within a commercial development where the developer requests electric infrastructure to be installed in advance of development of a site or lot, under the following conditions: (I) The site is platted for commercial development as one site or with sites or lots for multiple Customers to be primarily used or developed for permanent commercial, industrial, retail, and/or office Customcrs; and (2) The land developer shall comply with all applicable provisions of the Electric Service Standards of DME; and (3) The developer will provide at no cost to DME: (a) Right-of-way easements and covenants on the owner's property that are satisfactory to DME; and (b) Site plans (streets, wet utilities, mechanical, clectrical, plumbing, and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed; and. (c) Survey points for grades, lot comcrs, strcet ROW, and other locations reasonably necessary for installation of the electric system. (4) Line extensions to each Customer within the developmcnt will be according the terms and conditions in 99 herein - Other Line Extensions. b. Aid-in-Construction: DME shall estimate the cost for the line extension based on the most recent data availablc for unit material and labor costs for the same type of construction. The actual cost will be the total cost of all construction including, but not limited to, the labor and materials used in constructing the cxtension, engineering, right-of- way acquisition and clearing, and all other costs directly attributable to the extension. The required Aid-in-Construction costs will be calculated using the estimated cost for the line extension and the formulas set forth in 97 hereof. The Customer may elect to use either the cstimated costs or the actual costs for construction. The choice must be made prior to the start of construction. That choice may not be changed once construction has begun. With either choice, DME requircs full payment of the total amount of thc estimated Customer contribution beforc beginning any construction. - 25- (1) Aid-in-Construction Based on Estimated Costs: Estimated costs will be used to determine the contribution paid by the Customer. If the estimatcd cost excceds actual cost, the difference between actual and estimated costs will not be refunded to the Customer. If the actual cost exceeds the estimated cost, there will be no further contributions required of the Customer. (2) Aid-in-Construction Based on Actual Costs: Actual costs will be used to detcrmine the contribution paid by the Customer. If the estimated cost exceeds actual cost by more than $1,500 or 10%, whichever is greatcr, the difference between actual and estimated costs will be refunded to the Customer. If the actual cost exceeds the estimated cost by more than $1,500 or 10%, whichever is greater, the Customer will be required to pay the difference before service will be connected. c. The developcr will be required to pay, in advance, 100% of the cstimated cost of such electric infrastructure. DME, at its sole discretion, may accept other guarantee or contractual arrangements in lieu of cash payment. d. For each new Customer connected to the electric infrastructure within the devclopment, the developer will be entitled to a refund of the amount paid in advance if the estimated annual revenue from the Customer, excluding purchased power cost, is more than the revenue requirement associated with DME's system and direct investment costs of providing service to the Customer. The amount of the developer's refund shall be determined by the same formula applied to individual residential and commercial Customers rcquesting new service in 99.b.(3) herein. If the refund amount calculated below is less than $100 or is negative, no refund will be paid. e. No additional refunds will be paid to the developer when the sum of the refunds paid to date equals the amount of the original developer contribution. DME at its sole discretion may designate a not to exceed time limit on availability of refund of the original contribution. Developer refunds will be paid only upon notification by the developer of a refund due and will be paid within sixty (60) days after notification by the developer and verification by DME. 13. TEMPORARY SERVICE In any circumstance where the need for electric service may be for a period of less than two (2) years DME shall charge and Customer shall pay 100% of the actual cost of any and all extension, equipment, and construction, plus the cost of removal less salvage value. - 26- 14. METERS a. Location and Installation of Meter: Meters and service switches in conjunction with the meter shall be installed in accordance with the latest revision of American National Standards Institute, Incorporated Standard CI2 (American National Code for Electricity Metering), and will be Readily Accessible for reading, testing and inspection, and where such activities will cause minimum interference and inconvenience to the Customer. Customer shall provide, at a suitable and easily accessible location, a minimum of four (4) feet of clearance in front of and on either side of the meter base space for installation of meters and other apparatus of DME. The Customer will be required to furnish and install, without cost to DME, other necessary metering equipment including: (1) meter board, (2) meter loop, (3) meter base, gang or rack (see Appendix A attached hereto for acceptable equipment), (4) metering enclosure, (5) safety service switches, (6) adequate earth ground, (7) an adequate anchor for service drops with centerline of meter height between four (4) and six (6) feet above final grade ground level. All meters shall be located as set forth herein. When applications are made to replace meters that have been removed from service, DME may require changes in meter locations should DME find that the existing location is no longer suitable or safe. Where a change in the meter location on the Customer's premises is required by DME, changed at the request of the Customer, or changed due to alterations on Customer's premises, the Customer shall provide and have installed at his expense, all wiring and equipment necessary for relocation the meter. b. Type of Meter and Ownership of Meter: DME shall provide, install, own, and maintain all meters necessary for the measurement of electrical energy. Such meters shall be of a standard type, which meet industry standards; however, special meters not conforming to such standards may be used for investigation or for experimental purposes. c. Limitation of Service from Single Meter: No business shall be served from a meter serving a residence unless the residence and business are combined under a single roof. Under those conditions, Commercial rates shall apply to all metered service. 15. CUSTOMER'S RECEIPT OF ELECTRIC ENERGY a. Exclusive Use: (1) When electric service is available, Customer shall purchase from DME all electric energy and service required to be used by Customer from a single consuming installation. - 27- (2) Customer may not connect his lines to another source of electric energy without first having a written interconncction agreement signed by DME per S 18 herein. b. Customer's Installation: Customer shall at all times maintain his/her installation in accordance with thc latest revision of the National Electrical Code published by the National Fire Protection Association and/or The National Electrical Safcty Code published by the Institute of Electrical and Electronics Engineers, Inc. as well as any other applicable standards that may be imposed by law, ordinance or regulation. 16. CUSTOMER'S USE OF ELECTRIC ENERGY Permitted Uses: Electric energy providcd through DME facilities shall be used by the Customer exclusively for the purpose or purposes specified in the availability clause of the rate schcdulc under which Customer is receiving servicc and being billed. 17. CUSTOMER'S ELECTRICAL LOAD: a. Load Balance: DME requires Customer to control the use of electric energy so that DME's elcctricalload at the Point of Delivery is in reasonable balance. b. Equipment Necessary to Limit Adverse Effects: (1) DME may require Customer to provide, at Customer's expense, suitable apparatus to limit the effects on DME's distribution system of voltage fluctuations caused by electric equipment in Customer's installation where Customer is found to be operating electrical equipment which produces voltage fluctuations, interference or distorted wave forms which adversely effect electric service providcd by DME to Customers. (2) In lieu of requesting Customer to install special equipment limiting such adverse effect, DME may, at its option, install at Customer's cost, additional transformer capacity (which mayor may not be dedicated solely to the Customer) or other equipment specially designed to reasonably limit such adverse effects. c. Changes in Customer's Electrical Load: (1) DME may require information concerning the nature of the load and electric service requirements as well as the expected duration of the load. Customer shall give written notice to DME fifteen (15) days in advance of connecting any motors or other devices, which might incrcase load above the rated capacity of transformer( s) servicing said Customer. If Customer fails to give such notice and - 28- an overload condition causes damage to the transformer(s) servicing Customer, then Customer shall pay to DME the replacement costs of such transformer prior to the time it was damaged less salvage value. (2) If in the judgment of DME there is an increase In any electric service requirement for which, under standard engineering practice, it would bc desirable to construct additional facilities, then DME may charge Customer as Aid-in-Construction or as an increased minimum, an amount not to exceed the actual cost of such facilities together with any fixed cost increase chargcd by DME's wholesale power supplier as a result of the Customer's increased load. DME may require the Customer to execute a new contract for electric service specifying appropriate terms including the maximum load, increased minimum load or Aid-in-Construction. d. Access: Customer will admit to Customer's premises at all hours personnel authorized by DME to inspect, install, remove, or replace DME's property, to read DME's meter, and to perform other activities necessary to provide electric service, including tree trimming and tree removal where such trees, in the opinion of DME, constitute a hazard to DME personnel or facilities, or jeopardize the provision of continuous electric service. Refusal on the part of Customcr to provide access for the above purposes may, at DME's option, be sufficient cause for discontinuance of service. If serviccs are discontinued by DME due to Customers refusal to provide proper access, service will not be restored until the facilities are relocated to provide DME propcr access. Such relocation will be at Customers expense. e. Protection of Utility's Facilities on Customer's Premises: (1) Customer shall use reasonable diligence to protect DME personnel and facilities on Customer's premises. (2) In the event of loss of or damage to DME facilities on Customer's premises causcd by or arising out of carelessness, neglect, or misuse by Customer or unauthorized persons, DME may require Customer to reimburse DME the full costs of such damage. 18. INTERCONNECTION TO ELECTRIC SYSTEM a. Customer Owned Generation: (I) Customers requesting interconnection and parallel operation of Distributed Generation must complete the DME approved Application for Interconnection. DME will perform the necessary pre-interconnection studies, which may include a service study, coordination study, and utility system impact study, as needed in compliance with PUCT Substantive Rules 25.211 and 25.212 or its successor(s). In instances where such studies are dcemed necessary, the scope of such studies - 29- shall be based on the characteristics of the particular distributed generation facility to be interconnected and the Company's distribution system at the specific proposed location. The Customer is responsible for all costs associated with the pre-interconnection studies. (2) Once the study is completed and/or the project has been approved by DME, the Customer will pay all costs estimated for construction or extension of facilities required for interconnection and/or parallel operation. (3) Any connection to the Distribution or Transmission system without proper prior notice and execution of interconnection agreement will result in the immediate disconnection of service. Service will not be restored until any required studies are completed, the installation has been inspected and approved by DME, and an interconnection agreement has been executed. 19. LIABILITY, INDEMNITY, AND DISCLAIMER OF WARRANTIES a. Liability/Indemnity: (I) DME is responsible for design, construction, operation, and maintenance of electric service facilities up to and including the Point of Delivery. Customer is responsible for design, construction, operation, and maintenance of Customer's installation beyond the Point of Delivery and has sole control and supervision over Customer's installation. It is particularly understood that the Customer assumes full responsibility for electric energy furnished to Customer at and past the Point of Delivery and will indemnity DME against and hold DME harmless from all claims for damages including but not limited to injuries to any persons; including without limitation, death or injuries resulting therefrom, and damages to property occurring upon the premises to the Customer, arising from electric power and energy delivered by DME whether or not caused by the negligence of DME; except when the negligence of DME or its agents, or agents was the sole proximate cause of such injuries, death of persons, or damages to property. (2) Except to the extent injuries or damage have been caused by DME's negligence or willful misconduct as provided in this section, it is the express intention of Customer to indemnity DME for the consequences of its own negligence. Without limiting the foregoing, DME is not and shall not be liable to Customer for damages occasioned by: (A) irregularities or interruptions (of any duration), or failure to commence electric service, caused in whole or in part by:(l) governmental or municipal action or authority, litigation, public enemies, strikes, acts of God (including weather and its resulting consequences), (2) an order of any Court or Judge granted ,in any bona fide adverse legal proceeding or action or any order of any commission or tribunal having jurisdiction, (3) situations or conditions described in S5.b(2) of these Electric Service Standards, (4) the absence, inadequacy or failure of protective devices which are the responsibility of the Customer, (5) the inadequacy or - 30- failurc of gcncration or transmission facilitics, or (6) any othcr act or thing rcasonably bcyond the control of Customer, or as may be authorized elsewhere; or (B) any interruption of service not occasioncd by situations or conditions described in (A) above that has not cxisted continuously for beyond a reasonable period of time after noticc to DME, which reasonable period shall undcr no circumstances be less than twenty-four (24) hours or any interruption of service of greater than a reasonable duration if DME has used reasonable diligence in attempts to restore electric service after DME is notificd of such interruption. (3) DME may perform voluntary or cmergency acts to electric facilitics which are thc rcsponsibility of thc Customcr but shall have no liability for damages or injuries resulting from said acts cxccpt to thc extent that said damages or injuries are proximately caused by acts or omissions of DME which are found to be wanton or willful with the actual intent to cause injury. (4) In any claim or cause of action relating to the provision of electric service asserted by Customer or any othcr person against DME, DME shall not bc liablc for any consequential, special, or non-direct damages, including but not limited to loss of use of equipment, extra cxpensc due to thc use of temporary or rcplaccmcnt cquipmcnt, loss of clectronic data or program, loss of busincss revenue, costs of capital, or any cost not part of necessary repair to or reasonablc replaccment of clectric equipmcnt whether the claim or causc of action is bascd upon contract, tort, negligence, products liability, or any othcr theory of recovery. b. Disclaimer of Warranties: DME MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO THE PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. c. Terms of Contract: The terms of the contract arc thc provisions of the Elcctric Service Standards of DME, thc applicable electric rate schedule, any applicablc contracts associatcd with DME Ratc Schedule SFR (Special Facilities Rider), and any applicable eascments. 20. CONDITIONS TO BE FULFILLED BY APPLICANT OR CUSTOMER As conditions precedcnt to thc pcrformance or obligation to perform any part of the contract for electric service by DME or the provision of any clcctric scrvice, Customcr shall: - 31 - a. Comply with the Law: Customer warrants to DME that he or she has complied with all Federal, State, County, and Municipal laws and regulations governing the service applied for and shall remain continuously in compliance with said regulations. OME does not undertake to determine if Customer is in compliance with the law and the provision of service shall not be construed as any indicia of compliance; however, DME may require a copy of any approval required by law, ordinance or . regulation prior to the provision of service or may refuse new service or discontinue existing service if Customer fails or refuses to comply with applicable Federal, State and Municipal laws and regulations. b. Comply with Service Standards: Applicant/Customer shall comply with the Electric Service Standards of OME governing the service applied for. c. Customer's Installation: Customer warrants to OME that Customer's installation is constructed in accordance with all applicable provisions of the latest revision of the National Electrical Code published by the National Fire Protection Association and/or the latest revision of the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc., all City of Oenton Oevelopment and Construction Codes, as well as any other Codes that may be applicable. Customer further warrants to OME that Customer's installation will be maintained in accordance with such Codes. OME does not undertake to determine if Customer's installation complies with such standards and the provision of service shall not be construed as any indicia of compliance; however, should it come to the attention of DME that Customer's installation does not conform to such standards, Customer may be required to conform prior to the provision of new service, or OME may lawfully discontinue existing service. d. Easement: Customer shall grant to or secure for OME any easements necessary to supply service in accordance with ~2.b.(2) hereof. The acquisition of all easements will be at the Customer's expense. In the event the Customer is not able to secure an easement acceptable to OME after reasonable attempts, then Customer shall reimburse OME all costs incurred by OME associated with its acquiring said easements or redesigning the electric system to work around the lack of the required easements. e. Construction Costs: Customer shall fulfill all obligations for the payment of construction costs in the manner prescribed in these Electric Service Standards governing line extensions. - 32- f. Assignment of Contract: The Customer shall not assign the Agreement For Electric Service or any of Customer's rights or obligations arising thereunder, except by the express written consent of DME, and in compliance with Electric Service Standards of DME as adopted by the City Council of the City of Denton. Texas. Any Agreement For Electric Service reached by DME and a Customer shall inure to the benefit of DME's successors and assigns. g. Modification by the Parties: The Agreement for Electric Service may be modified by the agreement of both DME and the Customer, if such agreement is made in writing and signed by both parties. S:\Our Documents\Contracts\05\DME-Electric Service Standards-Final.doc - 33 - < >< :e = .. Cl. 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