AnchorNorth Georgia Electric Membership Corporation
Dalton, Georgia 

NGEMC BYLAWS

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STATEMENT OF NON-DISCRIMINATION

It is the policy of North Georgia Electric Membership Corporation (NGEMC) to continue to provide equal employment opportunity to all applicants and employees.  Pursuant to Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistance Act, NGEMC has developed Affirmative Action Programs to assist with the recruitment and advancement of individuals covered by these laws. 

 

Further, in accordance with the laws set forth above, other Federal civil rights law, and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, protected veteran status, age, marital status, family/parental status, income derived from a public assistance program political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).  Remedies and complaint filing deadlines vary by program or incident. These Programs have the full support of Kathryn West, President/CEO.

 

NGEMC is committed to recruiting, hiring, training, and promoting persons in all job titles, as well as ensuring that all other personnel actions are administered, without regard to the protected characteristics outlined above.  All employment decisions will be based on valid job requirements or other legitimate, non-discriminatory reasons. Our employees and applicants will not be subjected to harassment, intimidation, threats, coercion, or discrimination because they have engaged in or may engage in activities such as:  (1) filing a complaint; (2) assisting or participating in an investigation, compliance evaluation, hearing, or any other related activities associated with the administration of the affirmative action provisions of the laws set forth above, or any other Federal, state, or local law requiring equal opportunity; (3) opposing any act or practice made unlawful by the laws set forth above or their implementing regulations, or any other Federal, state, or local law requiring equal opportunity; or (4) exercising any other right protected by the laws set forth above or their implementing regulations. 

 

In addition, NGEMC has designed and implemented an audit and reporting system that will:  (1) measure the effectiveness of our Affirmative Action Programs; (2) indicate any need for remedial action; (3) determine the degree to which objectives have been attained; (4) determine whether individuals with protected characteristics have had the opportunity to participate in all company-sponsored educational, training, recreational, and social activities; (5) measure our compliance with the Programs’ specific obligations; and (6) document the actions taken to perform items (1) through (5) above.  If, after performing this audit, we determine that our AAPs are deficient, we will undertake necessary action to bring our Programs into compliance.

 

The VP of Corporate Services has the responsibility for ensuring full compliance with the provisions of the above-referenced laws and other applicable directives.  To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form.  To request a copy of the complaint form, call (866) 632-9992.  Submit your completed form or letter to the U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W. Washington, DC 20250-9410; by fax (202) 690-7442; or email at program.intake@usda.gov. 

 

Responsibility for implementing and monitoring our Affirmative Action Programs is assigned to our HR Specialist. Our Affirmative Action Plans for Individuals with a Disability and Protected Veterans are available to applicants and employees, upon request, on regularly scheduled workdays by contacting our Human Resource Office.  Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.  Additionally, program information may be made available in languages other than English.  Employees may voluntarily and confidentially self-identify as an individual with a disability or a protected veteran at any time by contacting the Human Resource Office. 

January 2024

 

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INTRODUCTION

 

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The successful operation of any utility service business requires that uniform rules and regulations be adopted and adhered to in the day-to-day operations of the business. In adopting the rules and regulations as set forth herein, the Board of Directors of North Georgia Electric Membership Corporation has endeavored and intended to provide operating conditions that are fair and equitable to all consumers; and to promote safe, adequate and dependable service to all consumers.

These rules and regulations are a part of a contract with each consumer for service in that, in the application for service, each consumer agrees to be bound by the provisions of the Articles of Incorporation, the Bylaws, and such rules and regulations as may from time to time be adopted by the Board of Directors of the Cooperative. No representative of the Cooperative has the authority to modify or change any of the Service Rules. The failure of the Cooperative to enforce any of the provisions of these rules shall not constitute a waiver of its right to do so.

While these rules and regulations endeavor to cover most areas of operations, circumstances may arise which are not covered. In that event, a separate agreement will be reached until such time as a service rule covering the situation shall have been adopted. The rules and regulations set forth herein do not cover many areas of Cooperative policy, such as those related to employees and working conditions, operating conditions not related to the consumers, and other such areas.

These Rules and Regulations, and the Appendices incorporated by reference as part of these Service Rules and Regulations, may be amended from time to time by the Board of Directors as operating conditions and situations necessitate such change.

100 ELECTRIC SERVICE AVAILABILITY

 

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101 - Application for Membership and Electric Service

 

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Any natural person, firm, association, corporation, business or other trust, partnership, federal or state agency or subdivision thereof, or any body politic, desiring electric service from the Cooperative shall make an application for membership and electric service and pay the established membership fee, together with any service security deposit, service connection fee, administration fees or facilities extension deposit or charge, contribution-in-aid of construction, or executed supplemental contract, or any combination thereof, that may be required by the Cooperative, hereafter referred to as "other payments, if any." In the application, applicant shall agree to purchase from the Cooperative all electric energy purchased for use on the premises and to be bound by the Cooperative's Articles of Incorporation, Bylaws, and all rules, regulations, policies, rate schedules, rate classifications, contracts, etc. established pursuant thereto; including, but not limited to , grants of easements and rights of way. Upon termination of membership, the membership fee and applicable deposit will be applied against any unpaid balance owed the Cooperative, and any remaining balance will be refunded, net of processing fee, if applicable.

102 - Additional Service Connections

 

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     A. Consumers desiring additional service connections must make application for each such connection as provided by the Cooperative and make any other payments, if any, as may be required by the Cooperative.

     B. Contractors and developers shall be required to pay the membership fee as set forth in paragraph 101 above, and shall be required to pay any service connection fee for connecting service, and, subject to the provisions of Section 103, may be required to pay additional deposits for additional temporary services to buildings or other projects which, when completed, will be furnished with permanent service from the lines constructed to furnish the temporary service.

103 - Service Security Deposits

 

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    A. A service security deposit shall be collected, in accordance with Appendix A - Deposit Policy, in advance of connecting a service. Review of deposits for adequacy may be conducted periodically or as requested.

     B. In addition to the initial deposit, additional deposits may be required, and such deposits, if not collected at the time of application, may be billed to the consumer.  In determining the need for and fixing the amount of the initial deposit or such other service security deposits, the Cooperative may consider the following factors:

          1. Evaluation of the load study provided by the consumer or reasonable estimation based on similar premises;
          2. The credit rating of the consumer;
          3. History of connects, disconnects, and reconnects for the involved consumer; and
          4. Any other factor having a realistic bearing on the consumer's credit worthiness.

     C. Such deposits shall be refunded:

          1. As provided for in a written contract for service; or
          2. Upon such other conditions as may be established by the Cooperative with respect to  service risks of similar or the same character; whichever may be applicable; provided, however, that for residential consumers, when the consumer has paid bills in accordance with the criteria established in Appendix A, and when consumer is not past due in the payment of current bills, the Cooperative will refund the deposit to the consumer in the form of bill credit. In any event, the deposit shall be refunded upon termination of service, less any amounts the consumer may owe the Cooperative.

     D. Interest:
          1. Interest will be accrued annually at the rate of the Cooperative’s primary bank account for deposits greater than one month’s average bill that have been retained for longer than twelve (12) months.

104 - General Extension Policy

 

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A. General

 

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The Cooperative will design and install the electric distribution system in compliance with good engineering practices which are economically feasible to the Cooperative. If the Cooperative's preferred method of service is not acceptable to the applicant, the applicant will be required to pay a non-refundable contribution-in-aid of construction, as determined by the Cooperative, for the extra cost of providing service, above the cost of the Cooperative's preferred method. In any case, the applicant's preferred method must not conflict with good engineering practice. It will be the applicant's responsibility to provide all necessary easements and to clear all rights-of-way to the Cooperative's specifications for the installation of the electric facilities. Applicant shall execute any supplemental contracts or agreements that may be required by the Cooperative and shall obtain applicable approvals/permits from any governmental agencies before any line extensions will be provided hereunder; provided, however, the Cooperative shall not be required to furnish service to an applicant who, at the time of such application, is indebted to the Cooperative for service previously furnished applicant, until such indebtedness has been satisfied. The Cooperative, at its sole discretion and under terms and conditions that are economically feasible to the Cooperative, may, in lieu of any contribution-in-aid of construction required hereunder, charge the applicant/consumer a monthly investment charge, in accordance with the provisions of Appendices B and F, on all or a portion of the installed cost of service for which a contribution would otherwise be required. When in the best interests of the Cooperative, the application of the line extension provisions hereof may be modified or waived, upon the approval of the Board of Directors of the Cooperative or its designated representative.

B. Overhead Line Extensions

 

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Application for electric service will be classified into one of the following defined classifications and service will be extended accordingly, except that all line extensions shall be subject to the established criteria in Appendix B - Line Extension Feasibility Analysis.

1. Permanent Establishments

 

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a. Residences (Single-Phase Service)

 

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     (1) This classification consists of permanent residences including homes, mobile homes that meet the permanent residency requirements of Section 104(B)(4) hereof, and apartments and condominiums, which require active single-phase electric service on a year-round basis. Single-phase electric service facilities will be extended to such establishments located within five hundred (500) feet of the Cooperative's existing facilities which are of adequate capacity to serve the load, without any requirement of contribution-in-aid of construction or facilities extension deposit or charge, provided right-of-way can be secured at no cost to the Cooperative and other provisions of the general extension policy are met. Any service that requires the construction of facilities beyond five hundred (500) feet, will be constructed only under such terms and conditions that are economically feasible to the Cooperative, determined in accordance with Appendix B.

     (2) A residential consumer shall be defined as a dwelling unit suitable for year-round family occupancy containing full kitchen facilities and shall be occupied by the owner, or shall be the principal place of residence of the occupant. Specifically excluded from this category are dwelling units licensed by an appropriate authority as rental units, hotels, motels, nursing homes, or for other commercial, industrial or institutional uses.

     (3) If, solely in the opinion of the Cooperative, the service requested is not intended for a permanent residence, the Cooperative will extend service only upon the basis of economic feasibility as determined in accordance with Appendix B. Optionally, the Cooperative may require evidence of intended "permanent residency," an extended term contract (including a specific facilities investment charge), a real estate lien, or such other assurance as it deems appropriate to reasonably secure the recovery of its investment.

b. Miscellaneous Establishments

 

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     (1) Single-phase electric service to barns, grain bins, farrowing houses, poultry houses, miscellaneous out-buildings, etc., and such other permanent incidental installations, excluding shallow well water pumps, electric fences, or other facilities and outbuildings where electric usage is expected to be minimal (see paragraph 3, hereunder), will be extended as provided for permanent residences, hereunder, but only if the property on which the installation is located is owned by the consumer or is under long-term lease to consumer, and as provided in Appendix B. "Permanent," as used in this subsection, shall also mean that monthly bills will be rendered throughout the year and that the account will not be periodically connected and disconnected.

     (2) Where the distance to serve installations, as described above, exceeds one hundred fifty (150) feet, a feasibility study (in accordance with Appendix B) will be made and other circumstances considered to determine to what extent and how the consumer must participate in the construction cost.

     (3) When electric service is required for shallow well pumps (pumps for surface water), electric fences, and such other installations where the investment to serve is excessive in relation to anticipated revenue, the Cooperative will prepare a feasibility study (in accordance with Appendix B) to determine to what extent and how the consumer will be required to participate in the construction cost.

c. Commercial, Industrial, and Public Establishments

 

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     (1) This classification includes commercial and industrial establishments, schools, public buildings, churches, or any other establishments, other than miscellaneous establishments, referred to in Subsection (b) above, requiring either single-phase or multi-phase service, which are of a permanent nature and which require electric service on a continuing basis. Electric service shall be extended to such establishments without the requirement of a facilities extension deposit or charge or any contribution-in-aid of construction, when the point of service connection for such an establishment is located within one hundred fifty (150) feet of the Cooperative's existing facilities which are of adequate capacity to serve the load.

     (2) Any service requiring the construction of facilities beyond one hundred fifty (150) feet will be extended only upon such terms and conditions as are economically feasible to the Cooperative, including but not necessarily limited to the requirement that the applicant pay a facilities extension deposit or charge or make a non-refundable contribution-in-aid of construction for the cost of construction in excess of 150 feet determined in accordance with Appendix B. Furthermore, in determining the costs of providing service, the Cooperative will take into consideration any proposed changes or additions in facilities. (See Appendix C)

     (3) Applicants for multi-phase service may be required to execute a written supplemental contract prior to the extension of such service.

2. Non-Permanent, Temporary or Seasonal

 

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     a. The Cooperative will provide temporary service of 120/240 volts single-phase, for construction of buildings or for other similar purposes. Subject to the provisions of this Section, concerning the feasibility of permanent extensions, temporary service to construct a permanent building, which will be connected for year-round service, will be provided at no charge to the consumer. Where service is extended solely for the owner's or contractor's convenience during construction, and where the service must later be converted from temporary to permanent, applicant/consumer will be required to pay a non-refundable temporary service fee. Such fee will be in addition to any rate schedule charges and other fees required by the Cooperative.

     b. Temporary service will be extended only upon such terms and conditions as are economically feasible to the Cooperative, including but not necessarily limited to the requirement that the applicant pay a facilities extension deposit or charge or pay a non-refundable contribution-in-aid of construction for the cost of construction (in accordance with Appendix B), and each such request will be considered on an individual basis.

     c. The applicant for temporary service will be required to pay the established membership fee and a service security deposit. It will be the responsibility of the applicant to supply and install a suitable pole and meter loop, set at a location agreed upon by the Cooperative. The pole and meter loop must meet the standards set forth in the current edition of the National Electric Code, or any applicable Cooperative, city, county, or state requirement, as well as applicable city, county or state laws or ordinances, which exceeds the Code. In any case, however, the point of attachment shall not be less than 12 feet above ground level.

     d. Applicants for service to establishments used on a seasonal basis will be required to pay the full cost of the facilities required to serve the load, in excess of one span of secondary construction. The connection or reconnection of service to seasonal establishments shall obligate the consumer to pay to the Cooperative at least the annual minimum charge as set forth in the rate schedule applicable to such establishments.

3. Carnivals, Circuses, Large Construction Projects, etc.

 

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Temporary service, such as service to large construction jobs, carnivals, circuses, etc., shall be supplied in accordance with applicable rates except that the applicant/consumer shall pay, in addition to the rate charges, the total cost of extending, connecting, and disconnecting service, less the salvage value of materials returned to stock. A deposit, in advance, may be required of the full amount of the estimated bill for service, including the cost of construction, retirement, connection, disconnection, and a 10% handling charge on material.

4. Mobile Homes

 

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     a. Service to mobile homes shall be furnished as provided in, and subject to the conditions of, Subsection 104-B(1)(a), provided that:

          (1) The mobile home is to be used as a permanent dwelling by the applicant, subject to the provisions of Section 108, (including inside plumbing, septic tank or permanent water and sewer connection), rather than a weekend or summer cottage type dwelling, and shall be underpinned with the wheels, axles, and tongue removed; or

          (2) The mobile home is located in a mobile home park approved by the appropriate governmental agency of the city or county in which it is located.

     b. In any case, the applicant must submit necessary county and state permits, and the pole and meter loop or pedestal, which must be furnished by the consumer, shall be wired in accordance with standards of the National Electric Code or any applicable Cooperative, city, county or state requirement which exceeds the Code. Furthermore, the Cooperative reserves the right to specify the location of consumer's meter pole or service pedestal, and the type of service (overhead or underground) to be provided.

     c. Mobile homes not meeting conditions 1 and 2 of Subsection (a) above, will be considered temporary as provided in Section 104-B(2) and 104-B(3), and service will be extended on terms provided for therein.

5. Outdoor Lighting

 

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Overhead service for outdoor lighting will be provided in accordance with the terms and provisions of the applicable rate schedule and the following supplementary provisions:

     a. Residential Outdoor Lights – in the event that one or more poles are required to provide lighting at the desired location, the Cooperative reserves the right to charge contribution-in-aid of construction for the original facilities as well as any additional facilities, PROVIDED, that in lieu of a contribution, the Cooperative may charge a monthly facilities rate for such additional facilities.

     b. Special Outdoor Lighting Installations - Upon request, the Cooperative may agree to install and maintain fixtures and poles for installations including, but not limited to, subdivisions, decorative lighting or commercial lighting. Contributions-in-aid of construction may be charged to cover costs associated with the fixtures and poles; PROVIDED, however, that the Cooperative, solely at its option, either in lieu of or in combination with any contribution, may develop and offer a monthly rate for such pole(s) and/or fixture(s), all in accordance with the applicable rate schedule. Monthly rates provided hereunder shall include a facility charge equal to the Cooperative's carrying charge, as provided on Appendix F, times the Cooperative's investment in facilities. Where the Cooperative agrees to provide special outdoor lighting systems under a monthly rate, such service will be subject to a supplemental agreement between the Cooperative and the consumer. When in the best interests of the Cooperative, the application of the line extension provisions hereof may be modified or waived, upon the approval of the Board of Directors of the Cooperative or its designated representative.

     c. Street and Park Lighting Systems - Electric service will be provided for street and park lighting systems owned by government entities, and the Cooperative may provide such systems for other entities, in accordance with the provisions of the applicable rate schedule; PROVIDED, however, that street and/or park lighting service for non-governmental entities, and extensions of the Cooperative's distribution system thereto, shall be provided subject to the provisions of "Special Outdoor Lighting Installations" in the applicable rate schedule and in Subsection (b), hereunder.

     d. Athletic Field Lighting - The Cooperative may install and maintain athletic field lighting systems for governmental entities, and may provide such systems for other entities, in accordance with the provisions of the applicable rate schedule; PROVIDED, that the facility charge applicable to such systems shall be as provided on Appendix F.

     e. Traffic Signal Systems - The Cooperative will provide electric service to Traffic Signal Systems at rates provided for in the applicable rate schedule, in addition to any facilities charges thereto, determined in accordance with the applicable rate schedule.

     f. Additional Charges and Conditions of Service - The following provisions are applicable to outdoor lighting for individual consumers, special outdoor lighting installations, and where applicable, street and park lighting:

          (1) Where consumer requests reconnection of a light previously disconnected by the same consumer or where consumer requests relocation of a light fixture to another existing pole, a charge as provided on Appendix E will be made if no new pole or conductors are required. HOWEVER, if the consumer requests relocation of a light fixture which requires additional construction (additional poles and/or conductor) the consumer will be required to pay, in advance of construction, the cost of installation (material, labor and overhead), excluding the cost of the light fixture.

         (2) The Cooperative will furnish, install, operate and maintain the lighting equipment, including lamp, luminaire, bracket attachment, control device, poles and necessary wiring, electrically connected so that the power for operation of the light does not pass through the meter for the consumer's other usage.

          (3) The Cooperative will maintain the lighting equipment at no additional cost to the consumer. Service or maintenance activities shall be performed during regular business hours as soon as practical after notification of the Cooperative by the consumer that service has been interrupted. However, the consumer shall reimburse the Cooperative for the cost of any such maintenance work which is required because of vandalism or willful or negligent destruction.

          (4) The Cooperative will not extend its primary distribution system to serve outdoor lights unless the consumer (a) agrees to pay, in advance of construction, the entire cost (including material, labor and overhead) for the required primary line facilities and (b) executes an agreement for a term and minimum charge acceptable to the Cooperative; failing which, the Cooperative will require consumer to pay, in advance of construction, the additional estimated cost of removal of primary facilities, less the value of materials returned to stock.          

          (5) Additional poles required to provide lighting service to non-permanent mobile homes or seasonal consumers will not be installed unless consumer pays, in advance of construction, the cost of labor and overhead for installation and removal of poles and conductor plus ten percent (10%) of material and equipment cost, excluding the cost of the lighting fixture.

          (6) Lighting equipment shall remain the property of the Cooperative, including poles installed when the consumer makes a contribution-in-aid of construction, and the consumer shall protect the lighting equipment from deliberate damage.

          (7) Poles for support of the luminaires are to be wood or other poles of the Cooperative's existing distribution system or extensions from the system.

          (8) The Cooperative reserves the right to specify the number and location of service points.

          (9) Lighting service shall be provided only at locations which are accessible to the Cooperative's equipment for servicing purposes. The consumer shall allow authorized representatives of the Cooperative access to trim trees and shrubs as necessary for maintenance of the lighting equipment and for removal of the lighting equipment upon termination of service under this schedule.

          (10) The Cooperative shall not be obligated to construct or extend any of its facilities, the estimated cost of which shall exceed four times the anticipated continuing annual revenue. For outdoor lighting, the Cooperative shall provide luminaire, photo-electric relay control equipment, and upsweep arm not over six feet in length.

          (11) Where service is permanently discontinued on an obsolete lighting fixture at the consumer's options, it shall not again be available under this schedule.

          (12) The Cooperative reserves the right to require the consumer to execute a contract prior to the installation of any lighting fixtures requiring one or more poles.

          (13) Rental property: property owners will be contacted by the Cooperative should a tenant of a location request the installation of an outdoor light. It will be at the discretion of the property owner to approve the installation as the property owner will be the responsible party for the outdoor light. The property owner will be required to have all outdoor lighting on any rental property billed on a separate billing statement for outdoor lights only. The outdoor lights will be continuously billed regardless if the electric service for the premise is disconnected. Removal or disconnection of the outdoor lights must be requested by the property owner. The installation and/or removal costs and fees will be in accordance with the terms and provisions of the applicable rate schedule and any contribution-in-aid agreed upon.

6. Line and Facilities Relocation and Improvements

 

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Parties desiring the relocation or improvement of Cooperative facilities shall be responsible for the acquisition of any necessary right-of-way easements and for the costs of clearing rights-of-way for such construction. When requests are made by consumers for the Cooperative to relocate or otherwise improve line facilities, each request shall be evaluated on the degree to which the relocation or improvement will:

     a. Be for the benefit or convenience of the party requesting the relocation or improvement (interested party); or

     b. Result in improvement to Cooperative facilities or improvement in Cooperative services; and/or

     c. Be consistent with anticipated future changes or additions and be economically feasible for the Cooperative.

After evaluation, if the request is determined by the Cooperative to be at least partially for the benefit or convenience of the interested party, then a cost estimate of such relocation or improvement will be made and the interested party will be required to pay for such costs, as determined in accordance with Appendix C, in proportion to the benefits derived by the interested party. Such charges must be paid prior to the relocation or improvement and construction will be scheduled by the Cooperative. If the request is determined by the Cooperative to result primarily in improvement to Cooperative facilities or services, or is consistent with anticipated future changes or additions, or is determined by the Cooperative to be economically feasible (as provided on Appendix B), then the Cooperative may make such changes, in accordance with the provisions of Appendix C.

7. Retirement of Idle Services

 

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     a. Idle services may be retired when such services have not been active for a period of at least twelve (12) consecutive months and/or when it is obvious that the premise being served is no longer habitable or usable. Such retirements shall be accomplished in a manner which will minimize labor and transportation costs.

     b. No service shall be retired, however, when, as determined solely by the Cooperative, there is a possibility that such retirement will have an adverse effect on the territorial integrity of the Cooperative.

C. Underground Line Extensions

 

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Upon request, the Cooperative may extend underground service to applicants under the following conditions. Any charges provided for hereunder shall be one-time, non-refundable contributions, payable to the Cooperative in advance of construction.

1. Residential Service

 

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a. Individual permanent single family units:

 

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When required conditions are met, the Cooperative will install, own, and maintain a single-phase underground electrical distribution system including the service laterals, provided that the underground service may be extended to mobile homes or other non-permanent resident facilities only upon such terms and conditions as are economically feasible to the Cooperative. The charge for an underground service is outlined in Appendix D.

     (1) Charges for underground line extensions:

          (a) For permanent single family facilities located within five hundred (500) feet of existing electric lines that are of adequate capacity, a per foot charge will be applied as listed in Appendix D.

          (b) For permanent single family facilities located in excess of five hundred (500) feet from existing electric lines that are of adequate capacity, charges will be applied as listed in Appendix B and Appendix D.

          (2) The consumer shall be responsible for the cost of consumer requested relocations. This cost will be determined as provided in Appendix B and Appendix D.

          (3) The opening and closing of all trenches will be performed by the Cooperative, or the Cooperative’s Designee, in accordance with the specifications of the Cooperative. The Cooperative, in its sole discretion, may grant permission to the consumer to open and close the trench.

          (4) All pads and conduits will be provided by the Cooperative and will be installed as specified by the Cooperative.

          (5) If service to an existing residence becomes inadequate and must be changed due to increased load or the up-rating of consumer’s electric panel and/or equipment, the cost of trenching and construction will be determined as listed in Appendix B and Appendix D.

          (6) If a consumer desires to convert an existing overhead service to underground, where the overhead service is adequate to serve the load, then the underground service will be provided to the consumer at a charge equal to the total cost of the new service plus the cost of retiring the existing service, with credit given for salvageable material.

          (7) The Cooperative reserves the right to specify the location of all underground facilities, including the location of trenches.

          (8) The Cooperative will not be responsible for damages to lawns, drives, sidewalks, shrubbery, etc. when repairing underground service facilities.

          (9) The consumer will be responsible for the cost of repairing damages due to dig-ins, vandalism, and similar occurrences caused by the consumer or the consumer’s agents, contractors, or other representatives.

          (10) The Cooperative will schedule work after all requirements have been met.

          (11) Trench must have marking tape, furnished by the Cooperative, installed to the Cooperative’s specifications and be satisfactorily backfilled before any lines will be energized.

          (12) The consumer shall provide adequate right-of-way with suitable easements for the installation, operation, and maintenance of the Cooperative’s facilities.

          (13) Rock excavation charges will apply as listed in Appendix D.

b. Subdivisions and Other Residential Developments

 

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The Cooperative may extend underground electrical service to subdivisions and other residential developments under the following terms and conditions, which may be in addition to the requirements above.

     (1) The developer or owner of subdivisions or other such projects must pay an amount, as determined by the formula in Appendix B-URD. Other charges will apply per Appendix D.

     (2) The cost of construction in excess of the Cooperative’s preferred method shall be borne by the owner or developer.

     (3) The owner or developer may be required to provide all trenching, pads, conduits, and/or duct for both primary and secondary cable, and all ducts and cable for secondary service from the secondary terminals of the transformer to the service entrance equipment.

     (4) All payments for underground service shall be paid in advance.

     (5) Three-phase service may be supplied, provided good engineering practice justifies its use, and should be included in the initial design of the project. When three-phase service is requested but is not economically feasible to the Cooperative, the extra cost of providing service will be paid by the owner or developer in addition to any other applicable charges.

     (6) The Owner/developer shall provide adequate right-of-way and suitable easements for the installation, operation, and maintenance of the Cooperative’s facilities.

2. Commercial, Industrial, or Public Facilities

 

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     a. Upon request, the Cooperative may install underground service to commercial, industrial, and public facilities when the point of service connection for such establishment is located within one hundred fifty (150) feet of the Cooperative’s existing facilities which are adequate to serve the load. Any cost to consumer will be as provided in Appendix B and Appendix D.

     b. Any service requiring the construction of facilities beyond one hundred fifty (150) feet will be extended upon such terms and conditions as are economically feasible to the Cooperative. Cost of construction in excess of one hundred fifty (150) feet will be determined as provided in Appendix B and Appendix D.

     c. All payments for underground service will be paid in advance.

     d. The Cooperative will determine its preferred method of providing underground service by the extension of:

          (1) The primary system to a transformer housing or pad on the consumer’s property;

          (2) The secondary system; and or

          (3) An underground service from an overhead pole.

     e. Secondary voltages provided shall consist of three-phase 120/208 volts and 277/480 volts and single-phase 120/240 volts. Other voltages may be provided, based on facilities available, size of load, and good engineering practice.

     f. The number and location of service points will be determined by economics, good engineering design, local codes, and mutual agreement between the Cooperative and the consumer. Each service point will be metered separately.

     g. The consumer will be required to pay a contribution-in-aid of construction for the extra cost of providing service by a method preferred by the consumer instead of the Cooperative’s preferred method, in addition to other applicable charges.

     h. The Cooperative will furnish and install the transformers, transformer enclosure, primary cable and terminators, necessary bus, connectors (including those for secondary), and metering.

     i. For multi-phase installations the consumer may be required to provide all trenching, pads, conduits, and/or duct for both primary and secondary cable, and all ducts and cable for secondary service from the secondary terminals of the transformer to the service entrance equipment.

     j. For single phase installations the opening and closing of all trenches will be performed by the Cooperative or the Cooperative’s designee in accordance with the specifications of the Cooperative. Charges will apply per Appendix D. The Cooperative at its sole discretion may grant permission to the consumer to open and close the trench.

     k. The consumer shall provide adequate right-of-way and suitable easements for the installation, operation and maintenance of Cooperative’s facilities.

3. Outdoor Lighting

 

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Underground service for outdoor lighting systems will be provided with charges applied in accordance with Appendix D.

4. Other Requirements Applicable To Any Underground Line Extension

 

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     a. All underground facilities will be installed in conduit. The conduit may be furnished by the Cooperative or by the owner or developer, at the discretion of the Cooperative.

     b. The owner or developer will reimburse the Cooperative for the cost of installing and removing any temporary overhead facilities requested by the owner or developer.

     c. The owner or developer will furnish, without cost to the Cooperative, all necessary easements and rights of way and will be required to initially cut and clear the same. The owner or developer will be required to have the rights of way and all streets, alleys, sidewalks and driveway entrances graded to final grade, and will have all lot lines established before construction of the electrical distribution systems begins.

     d. Underground service shall be installed only upon such terms and conditions as are economically feasible to the Cooperative.

     e. The type of construction, including pad and conduit sizes, and the location of said facilities will be determined by the Cooperative. Should the consumer desire changes in either location or type of construction, such changes will be made only upon the consumer paying the Cooperative the estimated additional cost incurred in advance.

     f. Shrubs, trees and grass sod requiring protection during the installation and/or maintenance of the underground service will be the responsibility of the consumer, and the consumer will hold the Cooperative and/or its subcontractors harmless against any claims for such damage.

It will be the responsibility of the owner or developer to reseed and/or maintain the trench cover. This responsibility includes, but is not limited to, monitoring and maintaining the depth of cable to avoid safety hazards created by erosion, grading, or any activity that otherwise compromises safety or service. If the condition of the trench is deemed a safety hazard, the Cooperative reserves the right to repair at the expense of the owner or developer.

     g. All payments for underground installations will be made prior to commencement of construction by Cooperative.

     h. All applicable permits required by federal, state, or local governments shall be obtained by the consumer, including, but not limited to, storm water discharge permits, soil erosion permits, etc. Copies of such permits will be furnished to the Cooperative upon request.

D. Swimming Pools, Hot Tubs, Gazebos, Signs, Etc.

 

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The Cooperative will extend electric service to such establishments only under such terms and conditions as are economically feasible for the Cooperative, determined as provided in Appendix B.

105 - Standard Supply Voltages

 

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     A. One system of alternating current, 60 cycles per second, at a distribution voltage of 14,400/24,900Y, is supplied throughout the Cooperative's system. The service voltage, number of phases, and type of metering which will be supplied, depend on the Cooperative's available facilities, and upon the character, size, and location of the load to be served.
The standard nominal voltages are described below and are maintained in accordance with United States Department of Agriculture, Rural Utilities Service Bulletin 1724D-113 dated May 16, 2012k, which refers to and relies on ANSI standard C84.1-2011.
Single-phase, 3-wire, 120/240 volts
Three-phase, 4-wire, Wye, 120/208 volts
Three-phase, 4-wire, Delta, 120/240 volts
Three-phase, 4-wire, Wye, 277/480 volts

Voltages other than those listed above may be supplied, solely at the Cooperative's option, and in accordance with a supplemental agreement for electric service.

     B. The distribution system is designed and operated to meet the recommended voltage levels. Maintenance of these voltage levels on all parts of the system at all times cannot be assured. Voltage fluctuations may occur under various circumstances, including but not limited to, the following:

          1. Action of the elements
          2. Service interruptions
          3. Temporary separation of parts of the system from the main system
          4. Wear and tear or failure of equipment in the distribution system
          5. Acts of God and causes beyond the control of the Cooperative
          6. Outages

The Cooperative will not incur liability for damages or injury to persons or property, real or personal, whether or not it can be determined that such damage is caused by voltage fluctuations.

     C. Transmission voltages may be made available in some circumstances.

106 - Service Interruptions

 

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     A. The Cooperative cannot and does not guarantee continuous and uninterrupted electric service. The Cooperative shall not be liable for loss or damage, whether such damage is direct or indirect, consequential or otherwise, to the consumer’s property, whether real or personal; equipment, appliances or business caused by any failure to supply electricity, or by any interruption, or phase reversal, of the supply of electricity.

     B. It is the consumer’s responsibility to notify the Cooperative promptly of any defect, trouble, or irregularity of the electric service. Upon such notification, the Cooperative will re-establish service within the shortest time practical.

     C. Scheduled interruptions or outages for work on lines or equipment shall be accomplished during a time to minimize the least inconvenience to the affected consumers. The consumer(s) to be affected by such interruption will, if practical, be notified in advance.

     D. All consumers shall be subject to interruption in accordance with the TVA Emergency Load Curtailment Plan.

107 - Standby Power

 

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No electric power sold by the Cooperative shall be used as reserve, or standby service, or in any way in conjunction with any other source of power as a dual power supply, without the Cooperative's prior written consent.

108 - Resale of Power

 

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Consumers shall not directly or indirectly resell the Cooperative's electric energy for any purpose, except that, in the case of rental facilities, the cost of utilities may be included in the rent charged the tenant. Consumers shall not divert electric energy to other premises, or use it for purposes other than those permitted by the Bylaws, or Rules and Regulations of the Cooperative, or by state, or local laws, rules and codes.

109 - Office and Service Hours

 

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The Cooperative's headquarters office is located in Dalton, Georgia, with district offices located in Calhoun, Trion, and Fort Oglethorpe, Georgia. The normal business hours may vary and are generally stated as from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays. Routine and regular service work is performed during normal business hours. Emergency service work is performed 24 hours a day, 7 days a week. Business hours may be changed or extended upon reasonable notice.

200 - SERVICE CONNECTIONS, CONSUMER WIRING, CONSUMER EQUIPMENT

 

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201 - Service Connections

 

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     A. The Cooperative will furnish and install only one service drop to a metered point. The consumer must furnish a point of attachment for the Cooperative's service facilities which will meet the National Electric Code, the Cooperative's requirements, and state or local laws, codes or ordinances. Evidence of compliance with local inspection requirements must be provided.

     B. The point of attachment furnished by the consumer must be located at a point where the Cooperative's facilities can be constructed at reasonable cost and in accordance with sound engineering practices. The Cooperative reserves the right to designate the location of the point(s) where attachments and meters will be located.

     C. Except as provided otherwise in these Service Rules and Regulations, the Cooperative's responsibility for installation and/or maintenance of service facilities shall not extend beyond the point of attachment to the consumer's building, central distribution point, or the electric power consumption measuring device; PROVIDED, that where the Cooperative agrees to provide primary service, the Cooperative may continue to own, operate, and maintain facilities beyond such meter installation under such terms and conditions as provided for elsewhere in these rules and regulations or in a supplemental agreement between the Cooperative and the consumer.

     D. No more than one residence may be served through one meter.

     E. Should the consumer request, the Cooperative may, at its option, install facilities in excess of the minimum requirements provided for in this policy. Any such additional service facilities will be furnished on the basis of direct cost plus appropriate overhead charges.

     F. All services, facilities, and equipment constructed and installed by the Cooperative, unless determined otherwise by the Cooperative, shall remain the sole property of the Cooperative and shall not become part of the property or premises to which they are attached or on which they are constructed. In addition, foreign objects such as basketball goals, signs, consumer owned lighting, etc. shall not be attached to Cooperative poles and/or other facilities and any such objects may be removed by Cooperative personnel without any prior notice or liability therefore.

202 - Temporary Service Poles

 

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     A. Temporary poles for attachment of service wires and metering equipment shall be furnished by consumers who have new buildings under construction or who are reconstructing a building. The temporary service pole shall be constructed in accordance with the National Electric Safety Code, local government code requirements, and applicable Cooperative specifications, but in no case will the point of attachment to such pole be less than 12 feet from ground level.

     B. The temporary service pole shall not be used by the consumer after the building has been occupied or the construction of the building has progressed to such a stage that the temporary service can be made permanent on the constructed building.

     C. The Cooperative reserves the right to designate the location of all temporary service poles.

203 - General Wiring Requirements

 

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     A. Each consumer shall cause all premises receiving electric service pursuant to his membership to become and remain wired in accordance with the specifications and requirements of the Cooperative, the National Electric Code and any applicable requirements of local or state government. All connections must be equipped with suitable service entrance facilities adequate to handle the load. The Cooperative does not furnish a panel for use inside or outside of any service point.

     B. Meter bases may be supplied by the Cooperative to be installed by the consumer or his contractor in accordance with applicable requirements of local or state government, and in compliance with the National Electric Code and the Cooperative's standards. Meter bases not supplied by the Cooperative must be UL listed. Upon installation, meter bases shall become the property of the consumer. The Cooperative shall have no obligation to repair or maintain the meter base and shall have no liability for the failure of a meter base. All meter bases must be placed ahead of all consumer switches, junction boxes, and fuses, and installed in such manner and location that meters will not be unreasonably exposed to hazardous conditions. Meters will not be located or built around so as to be enclosed within a structure (screen porches, garages, rooms, etc). Rather, all meters shall remain readily accessible to Cooperative personnel for reading and servicing at all times. Meters shall, at all times, remain the property of the Cooperative. The consumer grants the Cooperative access to the meter base, whether provided by the Cooperative or the consumer, for any purpose associated with the provision of electric service to the consumer. The consumer further agrees that the Cooperative may use any external cut off device which is part of the meter base.

     C. All service entrance cables shall be exposed or enclosed in conduit in plain sight from the service head to the meter base. These cables and/or wiring are not the property of the Cooperative. A separate ground wire of sufficient size shall extend from the consumer's electrical panel and shall be connected to the grounding system in accordance with the National Electric Code or other applicable code requirements. Conductors shall be of sufficient size to carry the loads as computed in accordance with the then current edition of the National Electric Code. Ampacity shall be determined from applicable tables therein, including all applicable notes thereto.

     E. The consumer will provide and install all necessary wiring. No additional materials or tests are provided or conducted by the Cooperative upon meter installation.

204 - Cooperative Responsibility

 

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     A. The responsibility of the Cooperative for installation and maintenance of electrical service connections will not extend past the point of attachment to the consumer's premises.

     B. No Cooperative employee shall be permitted, on Cooperative time, to perform work on the consumer's distribution system beyond the point of service connection or beyond the meter base, whichever is the greater distance, unless specifically approved by the Cooperative.

     C. Connection of service will in no way be an indication that the Cooperative has approved the consumer's installation and wiring.

     D. The consumer shall hold the Cooperative harmless from any claims or suits that may arise, occur, or result from the consumer's distribution and control of electrical service supplied by the Cooperative.

     E. In no event shall the responsibility of the Cooperative extend beyond the point at which its service wires are attached to the meter loop provided for measuring electricity used on such premises.

205 - Consumer Equipment

 

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A. Electric Motors

 

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     1. Motor installations larger than 10 HP require notification to the engineering department of the Cooperative. The maximum permissible motor size depends upon the consumer's location on the distribution system and the capacity of the circuit.

     2. The consumer should provide devices that will protect motors against overload, short circuit, or changes in conductor phases. Motors that cannot be safely subjected to full voltage at starting should be provided with motor starting devices which limit the amount of current drawn. In addition, where motors are subject to damage due to loss of one or more phases, adequate protective devices should be installed to ensure that, in the event of failure of the supply voltage, on one or more phases, the motor will be disconnected from the line.

     3. The Cooperative cannot guarantee continuous and uninterrupted 3 phase current and direction of phase rotation. Consumers operating motors or other apparatus requiring unchanged phase rotation and continuity of three-phase supply should equip such machinery with suitable protection against such reversal or phase failure. The Cooperative shall not be liable for damages, direct or consequential, resulting from loss of 3 phase current or change in direction of phase rotation.

B. Electric Generators, Solar Panels, Windmills, Storage Batteries, and Other Auxiliary Power Equipment

 

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     1. Where auxiliary generation is installed by the consumer to provide supplemental power,parallel operation of the consumer's generating equipment with the Cooperative's system is not permitted unless specifically agreed upon in writing by the Cooperative. A double throw switch must be installed to isolate the consumer-owned equipment from the Cooperative’s facilities.

     2. In diversified operations, where approved by the Cooperative, where there is more than one building or operation served from one metering point, the double throw switch and related switching gear may be installed by the consumer at the central metering location in line with the secondary service facilities. All such installations must be approved by the Cooperative's engineering department. 

C. Electric Welders and Miscellaneous Devices

 

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Consumers planning to operate electric welders or other devices with high inrush or fluctuating currents must supply the Cooperative with information regarding the electrical characteristics of the equipment. Service will not be allowed to equipment which adversely affects the Cooperative's equipment or service to other consumers. The Cooperative should be advised before the installation of the equipment.

D. Consumer Responsibility

 

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All protection equipment required by this Section 205 shall be installed at the cost of the consumer.

206 - Power Factor Correction

 

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The maintenance of high power factor is of primary importance in the economic operation and maintenance of the distribution system. Under-loaded motors contribute largely to the creation of a low power factor unfavorable to both the Cooperative and the consumer. When the overall power factor of the consumer's load is not in accordance with the Cooperative’s current specifications, the Cooperative may require the consumer to install, at his own expense, equipment to correct the power factor. The Cooperative reserves the right to measure the power factor at any time.

207 - Load Balance Between Phases

 

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When multi-phase service is furnished, the consumer will, at all times, maintain a reasonable balance of load between phases.

300 - CONSUMER CLASSIFICATIONS

 

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301 - General

 

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     A. Electric service will be provided under one or more of the Cooperative's standard rate schedules and/or riders, applicable to the class of service. In some cases there may be more than one rate schedule and/or rider applicable to a classification of service, in which case, the conditions under which each is applicable to the requirements for the individual consumer are plainly set forth in the published rate schedules. Subject to any limitations provided in such rate schedules, the consumer may select the rate schedule(s) under which service will be billed.

     B. Upon request, the Cooperative will advise any consumer as to the rate best adapted to existing or anticipated service requirements as defined by the consumer, but the Cooperative does not assume responsibility for the selection of such rate or for the continuance of the lower annual cost under the rate selected should the volume or character of service change.

     C. The consumer may not change to another rate unless there is a substantial change in the character or conditions of the service.

302 - Residential Service

 

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     A. This classification includes single-family dwellings, including apartments and condominiums, for domestic purposes, and uses incidental thereto if served through the same meter.

     B. Each residential unit or facility must be individually metered and no more than one family unit may be served from one meter.

     C. When a consumer has his residence and a business on the same meter, the consumer will be classified as General Power, and service will be provided under the appropriate general power rate.

303 - General Power Service

 

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This classification includes commercial, industrial, governmental, institutional, and farm and other agricultural consumers, as well as other consumers not eligible for service under any other available rate schedule, for all uses, including lighting, heating, and power. All service under this classification requiring more than 50 kW demand, or which requires any special charges or conditions, may be provided under written contract with the consumer. For service requiring 50 kW demand or less, the Cooperative may require a written contract. Service under this classification will be provided under one or more of the appropriate rate schedules applicable to this classification of service.

304 - Street and Park Lighting Systems, Traffic Signals, and Athletic Field Lighting

 

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This classification includes street and park lighting systems, traffic signal systems, and athletic field lighting installations. Service under this classification will be provided under the appropriate provisions of the applicable rate schedule and in accordance with the provisions stated thereunder, and as provided for this classification of service in these Rules and Regulations.

305 - Outdoor Lighting Service for Individual Consumers

 

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This classification covers outdoor lighting and poles conforming to the Cooperative's specifications for dusk to dawn lighting. Service under this classification will be provided under the appropriate provisions of the applicable rate schedule and in accordance with the provisions stated thereunder, and as provided for this classification of service in these Rules and Regulations.

306 - Filing and Availability of Rate Schedules

 

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Copies of the Cooperative's rate schedules shall be on file and available on the Cooperative’s website, at the headquarters of the Cooperative in Dalton, Georgia, at the various district offices of the Cooperative, and at the Georgia Public Service Commission. Changes to such rate schedules will be communicated to members via the Cooperative’s website, member newsletters, and/or other applicable notification venues.

400 - METERING

 

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401 - Electric Meters

 

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     A. All electric meters are the property of the Cooperative and shall be installed in meter bases. All electric meter bases shall meet the requirements of the Cooperative at Section 203B. and shall be installed on an exterior surface with the center of the base not less than 4 feet nor more than 6 feet above finished grade level. The Cooperative reserves the right to designate the location of the point where attachments and meter will be located. Accessibility to meters shall be a basic requirement of receiving electric service.

     B. Meter bases for premise-mounted, permanent-type installations may be supplied by the Cooperative. All installations will be in accordance with applicable requirements of local or state government, and in compliance with the National Electric Code and the Cooperative’s standards.

     C. Central meter pole service may be provided when such installations are necessary, as determined by the Cooperative. When central metering is provided, the meter pole will be the responsibility of the consumer and the consumer shall pay for service entrance equipment installed on the meter pole, plus any other applicable charges related to added services.

     D. Meters shall be placed ahead of all consumer-owned switches, fuses or circuit breakers unless otherwise agreed to by the Cooperative.

     E. For large single-phase installations of over 400 amperes capacity and for three-phase and underground installations, the Cooperative shall specify the type of metering equipment required before installation. "Current transformer" (C.T.) metering will be provided without additional charge where the Cooperative determines that such metering is required or appropriate. Should the consumer request C.T. metering, where the Cooperative has determined that, due to consumer's anticipated load, C.T. metering is not required, such metering will be provided upon consumer's payment, in advance, of the additional cost of providing such metering.

     F. In case of line construction for the benefit of the Cooperative, requiring the relocation of the point of service attachment, relocation shall be at the expense of the Cooperative.

402 - Meter Reading

 

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     A. Electric meters will be read intermittently by the Cooperative on a prearranged schedule. Reading dates for billing may vary periodically due to weekends, holidays, weather conditions, and other factors.

     B. If the reading for billing is not available for a given month, the meter reading and corresponding use for the month may be estimated based on use by the consumer in previous days and applicable weather data.

     C. If the meter readings cannot be obtained by the Cooperative’s preferred method, the Cooperative reserves the right to read the meter and recover the cost of the difference in such method and the Cooperative’s preferred method from the consumer.

     D. The Cooperative shall not be obligated to make adjustments to accounts in subsequent months which were due to variations in meter reading dates.

403 - Incorrect Reading of Meter

 

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If the meter is incorrectly read, the correct reading shall be ascertained and the bills will be recalculated as nearly as possible to reflect the correct usage.

404 - Failure of Meter to Register Correctly

 

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     A. If a meter fails to register correctly, the consumer will be billed on an estimated consumption which will be based on the consumer's previous consumption in similar periods, comparative uses, size of connected loads, and other relevant facts.

     B. Meters found to be over or under registering by more than two percent (2%) will make the consumer's account subject to adjustment from the time of the inaccurate registration; provided the time can be clearly determined by the Cooperative. When the time cannot be clearly determined, the adjustment will be made following full investigation of all circumstances in connection with incorrect registering of meter, but in no case will the adjustment be for a period greater than six (6) months.

     C. If consumer’s meter has failed to properly register the electricity used by the consumer or the consumer has not been billed for his/her/its actual electric use, or the consumer has been billed based on an incorrect rate or class, the consumer agrees to pay the Cooperative for the electricity actually consumed by consumer at the correct rate or class regardless of the amount of any bill, invoice or statement rendered to consumer during the time period in question. Consumer specifically waives the right to assert the defenses of accord and satisfaction, account stated, equitable estoppel, or statute of limitation defenses against the cooperative in any dispute arising from the under-billing of consumer’s electric consumption.

405 - Meter Tests

 

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     A. Subject to Section 700 hereof, upon request, the Cooperative will have a consumer's meter tested for accuracy. This test will incur a charge as stated in Appendix E unless the test proves the meter to be in excess of ±2% error. Any meter test that reveals more than ±2% error will incur no test charge and an adjustment will be made to the account for the overbilling or underbilling, as provided under Section 404.

     B. The Cooperative will make periodic tests and inspections of its meters in order to maintain the required standard of accuracy.

406 - Primary Metering/Secondary Consolidation/Special Equipment

 

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Consumers served under rate schedules applicable to consumers requiring over 50 kVA transformer capacity, and who have multiple metering points at the same premises, may request "primary" or "master" metering under which all service will be consolidated under one meter and power used will be metered at primary voltage. Similarly, consumers may elect to have secondary services consolidated under a single secondary voltage meter. Under these arrangements, consumers will have a choice of either paying for the distribution facilities beyond the primary or consolidated meter, including consolidation and primary metering costs, or leasing such facilities from the Cooperative at a monthly rate equal to the Cooperative's "carrying cost of investment," as provided on Appendix F; PROVIDED, however, in certain cases, including those where the consumer desires service at a primary voltage, the Cooperative may provide primary metered service without any additional charge.

407 - Tampering with or bypassing Cooperative's Meter or Equipment

 

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     A. No person, except an employee or authorized agent of the Cooperative shall alter, remove or make any connections to the Cooperative's meter or service equipment. No meter seal may be broken by anyone other than a Cooperative employee or authorized agent. Where the Cooperative discovers that a meter seal has been cut, broken, or otherwise removed or opened, without authorization, the Cooperative may reseal the meter base, review and test the meter and attempt to determine the cause of the cut seal. Charges may be applied as provided in Appendix E.

     B. The following procedures will be followed in cases of evidence of meter tampering or current diversion or a consumer is receiving the benefit of otherwise unmetered electric energy:

          1. Subject to the provisions of Section 515 hereof, upon discovery that a meter has been tampered with or that the consumer is receiving unmetered electric service, such consumer may be immediately disconnected.

          2. Evaluation of such tampering including estimated load and usage of the consumer will be documented at the time of disconnection.

          3. Consumer may be required to contact to one of the Cooperative's offices, as designated by the Cooperative; and comply with the obligations listed below, before restoration of electric service.

               a. Payment of a minimum charge, as provided on Appendix E, for costs incurred by the Cooperative in investigating, disconnecting service and estimating the billing for unmetered energy, and for any damage to the Cooperative's equipment and restoration of the Cooperative's and consumer's facilities to the Cooperative's specification. If actual charges are higher, the consumer will be liable for same and will be provided an itemized statement to the consumer.

               b. Payment for estimated unmetered energy used by the consumer, subject to the provisions of Section 509.

               c. Payment of all other charges owed by the consumer.

               d. Payment of a charge, as provided on Appendix E, for resetting and resealing the meter.

               e. Payment of an initial or additional security deposit, if required by the Cooperative.

               f. Compliance with other requirements of any appropriate regulatory agencies.

               g. Restoration of the Cooperative's and consumer's facilities to the Cooperative's specifications.

               h. All charges will be paid at such time and place as determined by the Cooperative.

               i. After all charges have been paid, the meter will be reset and sealed.

               j. The Cooperative reserves the right to pursue legal action (criminal or civil) as it deems appropriate.

500 - BILLING

 

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501 - Billing Period and Payment of Bills

 

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     A. All consumers shall be billed monthly. Bills are due and payable upon receipt of the bill by the consumer. Failure to receive a bill does not relieve the consumer's obligation to make payment when due. However, upon request, the Cooperative will advise consumer of the amount of the bill, the date due, and may provide a duplicate bill.

     B. Bills are delinquent if not paid by the "due date" which is normally the 15th day (including the billing date) from the billing date. If payment has not been received by the "due date," a "delinquent notice" will be mailed to the consumer and the cost of this notice may be charged to the consumer, as provided on Appendix E. At the time the "delinquent notice" is produced, a late payment penalty, as provided on Appendix E, will be applied to consumer's account. If payment has not been received by the 25th day (including the billing date) after the billing date, electric service shall be subject to disconnection without further notice, in accordance with the notification provided on the "delinquent notice." Such accounts will also be subject to service charges as provided in Appendix E.

     C. Where a consumer has two or more accounts, any payment received shall be first applied against any non-electric service charges (e.g., contracts for loans, merchandise, or other non-electric services, miscellaneous service charge, etc.) and the balance of such payment, if any, shall be deemed credited on a pro rata basis against the balances of all accounts, regardless of the fact that the Cooperative may maintain its billing and payment records for each account separately.

     D. Electric service bills may be paid via real-time posting options, including but not limited to: mobile app, website, kiosk, automated phone system, NGEMC approved off-site payment venues and cashiers (iPhone, drive-thru during business hours). Other payment options include mail via the postal service and night drop boxes located at all office drive-thru locations. Any payment received through the night drop will post the next business day. The Cooperative reserves the right to refuse to accept any tendered payment on a consumer's account.

502 - Extension of Credit

 

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The Cooperative may deviate from its policy on disconnection for delinquent bills in recognition of extenuating circumstances but only in accordance with the following standards:

     A. When it is determined that enforcement of the policy will constitute an undue hardship in relation to the amount of the delinquent bill and that extension of credit for a fixed time, or arrangement for installment payment of the bill, will not unduly impair the Cooperative's ability to effectuate final collection of the bill; or

     B. When the consumer involved establishes to the satisfaction of the Cooperative that his failure to pay the bill has resulted from some mistake on the Cooperative's part; or

     C. When to disconnect service might pose immediate danger to the consumer or other persons due to illness or when the household is immediately and directly affected by a death; or

     D. When it is determined that the consumer has maintained a high credit rating with the Cooperative and the risk involved in extending the credit will not jeopardize the ability of the Cooperative to collect the full amount of the bill; or

     E. When the forecasted temperature is 32 degrees Fahrenheit, or less, or when the temperature is above 98 degrees Fahrenheit, or when a heat advisory is in effect, and to discontinue electric service could jeopardize the welfare of affected consumer(s). Weather is assessed via www.ngemc.com. The most extreme weather condition (temperature or advisory) at any of the districts has been the determinate since before 2005.

503 - Deferred Payment Plan

 

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     A. The Cooperative may offer, under extenuating circumstances, a deferred payment plan (such plan being defined as one entered into where the consumer is unable to pay the entire balance due within thirty (30) days of consumer's next scheduled cut-off date) to a consumer who has expressed an inability to pay the entire bill, when due, and where other credit conditions are met. This plan is not applicable to amounts due under a separate contract.

     B. Any deferred payment plan entered into, due to the consumer's inability to pay the outstanding bill in full, shall provide that service will not be discontinued if the consumer pays current bills and complies with the written deferred payment agreement in Appendix G.

     C. For purposes of determining the payment amount under the deferred payment agreement, the following may be considered:

          1. Size of the delinquent account;

          2. Consumer's ability to pay;

          3. Consumer's payment history;

          4. Time that the debt has been outstanding;

          5. Reasons why debt has been outstanding;

          6. Any other relevant factors concerning the circumstances of the consumer.

     D. The deferred payment plan will be in writing, and will state immediately preceding the space provided for the consumer's signature, and in boldface print, that:
"If you are not satisfied with this contract, do not sign this contract. If you sign this agreement, you give up your right to dispute the amount due under the agreement except for North Georgia EMC’s failure or refusal to comply with the terms of this agreement.”

     E. A deferred payment plan may include a penalty for late payment and/or an administrative fee as provided in Appendix E.

     F. If a consumer has not fulfilled the terms of a deferred payment plan, the Cooperative will have the right to disconnect service, without further notice. However, solely at its option, the Cooperative may elect not to disconnect service until a disconnect notice has been issued to the consumer indicating the disconnection. The Cooperative may, but shall not be obligated to offer a subsequent deferred payment agreement prior to disconnection.

     G. All consumers may participate in the deferred payment with no discrimination. See Statement of Non-Discrimination.

     H. A deferred payment plan may be made by contacting any Cooperative office. The consumer will execute the deferred payment agreement and the consumer will be provided with a copy of the signed agreement.

     I. If the consumer's economic or financial circumstances change substantially during the time of the deferred payment plan, the Cooperative may renegotiate the deferred payment plan with the consumer, taking into account the changed economic and financial circumstances of the consumer, but shall not be obligated to do so.

     J. The Cooperative is not obligated to enter into a deferred payment plan with any consumer who is lacking sufficient credit or a satisfactory history of payment for previous service when that consumer has had service from the Cooperative for less than six (6) months.

504 - Payment Arrangements

 

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Payment arrangements are any arrangements or agreements between the Cooperative and a consumer in which an outstanding bill will be paid after the "delinquency" date (not less than 15 days from the bill date) of the outstanding bill but before the "due date" of the next bill. If a consumer does not fulfill the terms of such payment arrangements, the Cooperative will have the right to disconnect service, without further notice. Solely at its option, though, the Cooperative may elect not to disconnect service until a disconnect notice has been issued to the consumer. Payment arrangements may include a fee as provided in Appendix E.

505 - Levelized Payment Plan

 

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The Cooperative will offer a levelized payment plan to residential consumers who meet the plan's eligibility requirements.

     A. Under this plan, eligible residential consumers will pay, on a monthly basis, one-twelfth (1/12) of the most current 12 months under the appropriate consumer class rates, plus one-twelfth (1/12) of the accrued difference between actual billings and levelized bills.

     B. If a consumer does not fulfill the requirements of the levelized payment plan, the Cooperative may remove consumer from the levelized payment plan, in which case, all amounts owed shall immediately become due and payable, failing the payment of which, the Cooperative may disconnect service to consumer pursuant to the disconnection rules provided elsewhere in these Rules and Regulations.

     C. The Cooperative may collect a deposit from any consumer entering into a levelized payment plan, except that the deposit will not exceed an amount equivalent to two month's estimated bills. Notwithstanding any other provision of these rules, the Cooperative may retain the deposit for the duration of consumer's participation in the levelized payment plan.

506 - Rendering of Bills

 

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The monthly billing cycle shall be for an approximate thirty (30) day period. The annual billing cycle shall be twelve (12) monthly billing cycles. All billing cycles shall be within a calendar year period as recognized by standard accounting practices. Bills for electric service will be rendered monthly, unless service is rendered for a period of less than a month. Bills will be rendered as promptly as possible following the reading of meters.

507 - Disputed Bills

 

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     A. In the event of a dispute between a consumer and the Cooperative regarding any bill for electric service, the Cooperative will promptly investigate as required by the particular case, and report the results thereof to the consumer, along with its position on the matter. The investigation will include a supervisory review of the issue. In the event the consumer is not satisfied with the results of the Cooperative's investigation and position,a formal complaint may be submitted in writing to the CEO as provided in (Section 817), hereof. 

     B. Notwithstanding any other section of these rules, for a period of no more than 60 days, the consumer shall not be required to pay the disputed portion of the bill which exceeds the amount of the consumer's average monthly bills at current rates, pending the completion of any investigations and resolution of the dispute. For the purposes of this rule only, the consumer's average monthly bills at current rates will be the average of the consumer's gross electric service billings for the preceding 12-month period. Where no previous usage history exists, consumption for calculating the average monthly usage will be estimated on the basis of usage levels of similar consumers and under similar conditions.

508 - Notification of Alternative Payment Programs or Payment Assistance

 

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When a consumer contacts the Cooperative concerning inability to pay a bill or need of assistance with their bill payment, the Cooperative or the Cooperative's representative will inform the consumer of all available alternative payment and payment assistance programs available from the Cooperative, and of the eligibility requirements and procedure for applying for each. The Cooperative's representative will also endeavor to inform consumer as to available public assistance programs.

509 - Adjusted Bills Due to Meter Tampering

 

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In cases of meter tampering, bypassing, or other service diversion, the following methods of calculating amounts due the Cooperative during such periods of tampering, bypassing, or other service diversion, will be used:

     A. Estimated bills based upon service consumed by that consumer at that location under similar conditions during periods preceding the initiation of meter tampering or service diversion. Such estimated bills will be based on at least 24 consecutive months of comparable usage history of that consumer, when available, or lesser history if the consumer has not been served at that site for 24 months.

     B. Estimated bills based upon that consumer's usage at that location after the service diversion has been corrected;

     C. Where a consumer will allow the electric Cooperative to perform a load study of the consumer's appliances, heating/cooling equipment, etc., in use during the period of meter tampering, by estimated bills using the total projected loads of those appliances, heating/cooling equipment, etc., using nationally recognized appliance load studies published by the Edison Electrical Institute or the manufacturer's information for each appliance or other item of electrical equipment, or where available, comparable load study data obtained by the Cooperative, applicable within its service area;

     D. In cases of a tampered meter where the amount of actual unmetered consumption can be calculated after testing the meter, using industry recognized testing procedures, bills may be calculated for the consumption over the entire period of meter bypassing or other service diversion;

     E. In cases of meter bypassing or other service diversion, where the amount of actual unmetered consumption can be calculated by industry recognized testing procedures, bills may be calculated for the consumption over the entire period of meter bypassing or other service diversion:

          1. Paragraph (A) of this subsection does not prohibit the Cooperative from using other methods of calculating bills for unmetered electricity when the usage of other methods can be shown to be more appropriate in the case in question;

          2. The Cooperative will not charge any additional penalty or make any other additional charge for meter tampering or bypassing or other service diversion, other than as provided in Section 407 of these rules, unless such penalty or such other additional charge has been approved by order of a court of law of competent jurisdiction.

510 - Record Retention

 

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The Cooperative will maintain monthly billing records for each account for at least two years (24 months) after issuing of the bill. Billing records will contain data sufficient to reconstruct a consumer's billing for a given month. Copies of billing records for the most recent twenty-four (24) months may be obtained by the consumer upon request or via the secure electronic customer portal. Requests for substantial quantities of billing records may be provided upon payment by consumer of the cost of researching and providing the same.

511 - Disconnection For Ill and Disabled

 

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The Cooperative will not discontinue service to a delinquent residential consumer permanently residing in an individually metered dwelling when that consumer establishes that discontinuance will result in some person residing at that residence becoming seriously ill or more seriously ill if service is discontinued. Each time a consumer seeks to avoid termination of service under this section, the consumer must have the attending physician (for purposes of this section, the term "physician" shall mean a licensed medical doctor) call or contact the Cooperative within 15 days of issuance of the bill. A written statement must be received by the Cooperative from the physician within 25 days of the issuance of the bill. The prohibition against service termination provided by this section shall extend for 30 days from the issuance of the bill or such lesser period as may be agreed upon by the Cooperative and the consumer or physician. The consumer who makes such request shall enter into an arrangement or deferred payment plan.

512 - Disconnection to Energy Assistance Grantees

 

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The Cooperative will not terminate service to a delinquent residential consumer for a billing period in which the consumer has applied for and been granted energy assistance funds if any agency for administration for these funds has notified the Cooperative, in writing, prior to the date of disconnection, of approval of an award sufficient to cover the bill, or a portion of the bill so that the consumer can successfully enter into a deferred payment plan for the balance of the bill.

513 - Adjustment of Meter Readings

 

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Whenever it is found that an incorrect reading has been received (or used for billing purposes), an appropriate adjustment shall be made. The correct reading shall be ascertained and the bills will be recalculated as nearly as possible to reflect the correct usage.

514 - Returned Payments

 

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When a payment received on a consumer's account is returned unpaid by the financial institution, the Cooperative will notify such consumer. A charge, as provided in Appendix E, will be added to the consumer's account to cover the additional cost involved in processing the returned payment.

515 - Other Reasons for Disconnection

 

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     A. Service may be disconnected immediately and without notice for any of the following reasons:

          1. For fraudulent representation as to the use of electric service,

          2. Whenever such action is necessary to protect the Cooperative from fraud or abuse,

          3. For abuse or tampering with service wires, connections, meters, seals, or any other facilities belonging to the Cooperative,

          4. For diversion of electric current or any unauthorized electrical connection,

          5. For the use of equipment which adversely affects North Georgia EMC's service to its other consumers,

          6. Discovery of a condition determined by the Cooperative to be hazardous or detrimental to system operation,

          7. Pursuant to an order issued by a court of competent jurisdiction or an order of a federal, state or local government having authority to order service termination.

     B. Service may be disconnected, after reasonable notice, for the following reasons:

          1. Where entry to its meter or meters is refused or where access thereto is obstructed or hazardous, or the meter is no longer on the outside wall of the structure. Refer to Section 602.

          2. For violation of and/or non-compliance with any applicable state, federal or local laws, regulations and codes pertaining to electric service.

          3. For non-compliance with the bylaws, rates, rules and regulations of the Cooperative.

          4. Pursuant to an order issued by a court of competent jurisdiction or an order of a federal, state or local government having authority to order service termination.

     C. Electric service will be reconnected under the following conditions:

          1. Payment of all applicable service charges for reconnecting.

          2. Payment for any unmetered power and energy.

          3. Cessation of violations or non-compliance for which service was terminated.

600 - EASEMENTS, RIGHT OF ACCESS, AND COOPERATIVE PROPERTY

 

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601 - Consumer to Grant Easements to Cooperative if Required

 

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Each consumer by virtue of applying for and receiving electric service from the cooperative, grants and conveys to Cooperative, its successors and assigns, and easement or right of way forty feet in width, I.E. twenty feet on either side of the center line of any electric distribution facility of the Cooperative, over, on, under and across such lands of consumer served by the cooperative. The easement shall be for the purpose of electric distribution or broadband facilities allowed by law to serve consumer, or any other consumer of Cooperative.Cooperative may permit third parties to use the easement for the purpose of making attachments to cooperative poles. Consumer agrees that consumer will not allow any structure or physical encroachment on the easement without the written permission of Cooperative. The Cooperative may require the consumer to execute and deliver to Cooperative a specific easement.

602 - Right of Access

 

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The Cooperative's identified employees and agents shall have right of access to consumer's premises, at all reasonable times for any purpose incidental to the supplying of electric and/or broadband services, including meter reading, tree trimming or tree removal, or relocating, testing, repairing, removing, maintaining, or exchanging any or all equipment and facilities which are the property of the Cooperative. Refusal on the part of the consumer to provide reasonable access (including keeping shrubbery adequately pruned to provide unobstructed access to consumer's meter) for the above purposes shall be deemed sufficient cause for discontinuance of service. Prior to such a disconnection, however, the Cooperative will provide proper notice to consumer of its intent to disconnect service.

603 - Consumer's Responsibility for Cooperative's Property

 

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All meters, service connections, and other equipment furnished by the Cooperative shall be, and remain, the property of the Cooperative. The consumer shall provide a space for, and exercise proper care to protect the property of the Cooperative on his premises. In the event of loss or damage to Cooperative property arising from neglect of the consumer to care for same, the cost of necessary repairs or replacements shall be paid by the consumer.

700 - SERVICE FEES AND CHARGES

 

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701 Service Fees and Charges

 

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Current charges are provided in Appendix E and are subject to revision from time to time hereafter. The Cooperative will establish and publish a schedule of fees and charges including but not limited to membership fees, service connection fees, reconnection charges, special services, etc.

800 - MISCELLANEOUS

 

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801 - Application Process

 

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Application for membership and/or electric service may be made in person, at the Cooperative's office drive-throughs, or by mail or telephone, or by such other means as the Cooperative may hereafter establish. All such applications shall be in accordance with the application process established by the Cooperative and shall be subject to these Service Rules and Regulations. Where service to more than one legal entity is required at any one address or location, separate application will be made for each. Each class of service will be metered and billed separately, except that the Cooperative may install more than one meter for each class of service for its convenience. The Cooperative may, but will not be required to connect new service until the Application for Membership and/or Electric Service is completed and signed by applicant and all appropriate fees, deposits, required contributions-in-aid of construction, and any indebtedness for service rendered to the applicant in the past is paid. The Cooperative may refuse service when the applicant engages in any fraudulent scheme or device to avoid payment of indebtedness for past service, including application for service in another name or another legal entity, in accordance with Section 104 of these rules and regulations.

802 - Denial of Service Due to Unpaid Bill

 

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When an applicant who owes a past due bill applies for service or when a person who resided with a consumer during the accumulation of such past due bill applies for service (and who received the benefits of such service), the Cooperative may refuse such service until the beneficial user submits payment for the "past due" bill.

803 - Period of Contract

 

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Unless otherwise specified, all written contracts for service under the scheduled rates of the Cooperative will be for a period of not less than one (1) year and month-to-month thereafter until terminated. When the requirements of the consumer are non-standard, necessitating special lines or equipment, the Cooperative reserves the right to establish a reasonable abandonment charge, or require the consumer to pay the excess cost of the installation. In addition, the Cooperative may also require payment for the cost of removal of facilities if service is disconnected before the expiration of the initial contract period.

804 - Special Electric Service

 

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Electric service incorporating special conditions, not normally allowed or provided for in standard electric service, may be provided under the terms of a written contract.

805 - Housemoving

 

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Any housemoving project which impacts Cooperative facilities will be performed in accordance with O.C.G.A. Section 46-3-30, the “High-voltage Safety Act,” and any other subsequently enacted laws or regulations. These activities require notification to the Cooperative and the Cooperative will submit notice to other utilities by creating a ticket in National Joint Utilities Notification System, NJUNS. Only Cooperative personnel will be permitted to disconnect, sever, move, or displace the Cooperative's facilities, and charges may be assessed for providing this service. Prior to moving any structure, all applicable permits required by federal, state, or local governments shall be obtained and provided to the Cooperative.

806 - Notice of Change of Equipment

 

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In the event a consumer desires to add to or increase the size of his electrical equipment, the consumer shall notify the Cooperative in writing sufficiently in advance so that the Cooperative's facilities may be modified sufficiently to accommodate the increased load. If the consumer fails to so notify the Cooperative, the consumer may be held responsible for any damage to the meter or other equipment of the Cooperative caused by such increased load.

807 - Tampering With Cooperative's Property

 

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No regulating or measuring equipment, or other property or equipment owned by the Cooperative, wherever situated, whether upon consumer's premises or elsewhere, shall be tampered with or interfered with, for any purpose. It shall be presumed that the person in whose name service is being billed and received the economic benefit of such service and has knowingly tampered with the Cooperative's property if:

     A. Electricity has been diverted from the meter.

     B .The electric meter has been altered to prevent accurate measurement of consumption.

     C. Electricity has been obtained through a device without a meter.

808 - Electrical Protection of Service and Equipment

 

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The consumer will be solely responsible for the electrical and mechanical protection of equipment owned and operated by the consumer. The Cooperative will provide electrical protection to the point of delivery, consistent with good engineering practice. The Cooperative and consumer will coordinate electrical and mechanical protection to both electric systems. The Cooperative does not assume the duty of inspecting the consumer's electrical system and/or equipment but retains the right to do so. If conditions detrimental to the Cooperative system or unsafe conditions are found, the Cooperative may temporarily disconnect the electric service until such conditions are corrected.

809 - Consumer's Responsibility for Cooperative's Property

 

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The consumer will be responsible for all damage to, or loss of, the property of the Cooperative, located upon his premises, unless caused by circumstances or events beyond his control. The consumer is not authorized to change, remove, or tamper with the Cooperative's property.

810 - Interconnections

 

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The consumer will notify the Cooperative if he intends to use other sources of electricity or power in conjunction with the Cooperative's electric service, and will not interconnect any other source of power unless approved in writing by the Cooperative.

811 - Intermittent Service

 

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If the consumer's use of electric service creates intermittent power fluctuations, the Cooperative may require the consumer to correct such a condition.

812 - Joint Use of Electric Facilities

 

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The consumer shall not install wiring or other attachments to any part of the Cooperative's electric system unless authorized by the Cooperative.

813 - Service Extensions

 

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The consumer shall not extend electric service facilities to adjacent property without written consent of the Cooperative. Subject to Sections 108 and 302(B) of these Rules and Regulations, where the Cooperative discovers that service facilities have been extended from a residential consumer's meter to one or more additional residences, the rate classification will be changed from "residential" to the appropriate "commercial" rate until such condition is corrected. After a reasonable period, as determined by the Cooperative, for the consumer to correct such condition, the Cooperative may disconnect service in accordance with Section 515.

814 - Refunds to Consumers

 

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Refunds to consumers, other than deposit refunds which will be made in accordance with Section 103 of these Rules and Regulations, will be credited to a consumer's future billing; except that, where any such refund would not be returned to the consumer over the next three (3) billing cycles, the Cooperative will, at its option, either issue a check for the entire refund or the amount which would not otherwise be returned over three (3) billing cycles. The Cooperative shall not be obligated to make any such refund by check sooner than the billing date for the third succeeding billing cycle; provided, however, that where an account has been disconnected, any refund due the consumer will be made within thirty (30) days after the issuance of the final bill rendered for service.

815 - General Conditions for Consumer Withdrawal

 

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     A. A consumer may voluntarily withdraw in good standing from membership upon compliance with the generally applicable conditions set forth as follows:

          1. Payment of any and all amounts due the Cooperative, and cessation of any non-compliance with membership obligations, all as of the effective date of withdrawal; and either

               a. Removal to other premises not furnished service by the Cooperative; or

               b. Ceasing to use any central station electric service whatever at any of the premises to which such service has been furnished by the Cooperative, pursuant to consumer's membership; or

               c. Resigning in favor of another member of the household.

     B. Upon such withdrawal, the membership fee and any deposits then held by the Cooperative will be applied against any unpaid balance owed the Cooperative, unless provided otherwise in a supplemental contract between the Cooperative and the consumer.

816 - Request for Identification 

 

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Requests for identification will be made in accordance with the Cooperative’s Identity Theft Prevention Program as required by the Federal Trade Commission.

817 -    Resolution of Disputes

 

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It is the responsibility of the Cooperative to engage in a good faith effort to resolve any claim or dispute which may arise between the Cooperative and a consumer on a fair and impartial basis. In this effort, the Cooperative will give consideration to: (a) codes and regulations imposed by state and federal agencies; (b) the Cooperative’s articles of incorporation, bylaws, policies, practices, plans, and procedures, which are designed to benefit the membership as a whole; (c) industry standards; and (d) the individual facts and circumstances regarding the claim or dispute.  If a problem has not been resolved to the satisfaction of the consumer, or if the consumer believes the resolution is not consistent with the considerations outlined above, the consumer may file a formal complaint in writing directed to the President/CEO. The formal complaint shall include the details of the conflict and any alleged violations of Cooperative policies and bylaws. The President & CEO (or his/her designee) will investigate the complaint with oversight from the Cooperative’s Board of Directors. At the conclusion of this investigation which shall not exceed 45 days, the final written decision will be provided to the consumer and the Board of Directors.

818 - No Prejudice of Rights

 

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The failure of the Cooperative to enforce any of the terms of these Service Rules and Regulations on given occasions shall not be deemed as a waiver of the Cooperative's right to do so on subsequent occasions.

819 - Revision of Service Rules and Regulations

 

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Service Rules and Regulations for electric service are established by the Board of Directors of the Cooperative and may, from time to time, be altered, amended, revised or supplemented by the Board. If a consumer has any question concerning the current Service Rules and Regulations, inquiry should be directed to any of the Cooperative's employees. Current copies of the Service Rules and Regulations are available during regular business hours and will be provided, upon request, to any consumer or applicant for service. The Rules and Regulations are also available on the Cooperative’s website.

820 - Filing of Service Rules and Regulations

 

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Copies of the Cooperative's Service Rules and Regulations are available at any NGEMC drive-thru, the Cooperative’s website, and are on file and available at the Georgia Public Service Commission.

APPENDIX A TO SERVICE RULES AND REGULATIONS DEPOSIT POLICY

 

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INITIAL MINIMUM DEPOSITS

A service security deposit will be required by residential and nonresidential applicants for service if the Cooperative determines that such deposit is needed to assure payment of the power bill. Such deposits shall not be more than twice the average monthly bill, except when service is being furnished on the basis of a written contract.

CONDITIONS FOR WAIVER OF RESIDENTIAL DEPOSITS

For Residential applicants/consumers, the initial deposit required may be waived if any one or more of the following requirements is met:

     1. The applicant is a member in good standing with respect to other electric service accounts and has not appeared on the disconnect for non-payment list, or have been disconnected for other reasons, with respect to such account(s) in the last twelve (12) months.

     2. No "returned checks" have been received from the applicant with respect to other electric service accounts during the past twelve (12) months.

     3. The applicant can provide a letter of credit from his most recent electric service supplier showing not more than one (1) late payment in the last twelve months of service and no unpaid balance.

     4. The applicant is a former member of the Cooperative who, when membership was terminated, was a member in good standing and left no unpaid balance, and no "returned checks" were received during the last 12 months of service.

     5. Credit score evaluation. Satisfactory credit score level. 

If at the time of application, the applicant is unable to provide a satisfactory letter of credit from his most recent power supplier for waiver of deposit, a standard initial deposit will be required which will be applied to the account upon receipt of such letter or report.

ALTERNATIVE SECURITY AGREEMENTS FOR NON-RESIDENTIAL APPLICANTS

Deposit requirements for non-residential applicants may be satisfied through any of the following options

     1. A cash deposit of the amount required.

     2. A surety bond for the required amount in such form and substance as specified by, or acceptable to, the Cooperative.

     3. An irrevocable letter of credit from a Bank or other financial institution, acceptable to the Cooperative, wherein payment is guaranteed up to two (2) consecutive months electric service, until or unless such letter of credit is cancelled and the Cooperative is so notified not less than thirty (30) days prior to cancellation.

     4. A certificate of Deposit for the required amount, issued in the name of the applicant "or" Cooperative, and held by the Cooperative, and which may be cashed "on demand" by the Cooperative, upon default in payment by consumer, after consumer's account has become past due.

     5. Security Deposit Program application and approval; available for Class 50 and larger.

ADDITIONAL DEPOSITS

After a consumer's account has appeared on the disconnect for non-payment list the second time in a twelve (12) month period, the Cooperative may require an initial or additional deposit, or other security satisfactory to the Cooperative, up to two months average power bill.

When electric service is disconnected for non-payment, the Cooperative may require consumer to pay or increase deposit up to 2 months average power bills, before service is restored, but may agree to bill consumer for all or a portion of such increased deposit amount.

Additional deposit amounts may be billed to the consumer and electric service may be disconnected if such deposit amount, in addition to the electric service charges, is not paid within 25 days of the "bill date" stated on the bill rendered.

REFUNDING OF DEPOSITS

     Residential
     Unless provided otherwise in a written agreement, residential deposits may be refunded after twelve (12) months if consumer's payment record does not reflect any past due amounts, cut off notices, appearance on cut off list, actual cut off or returned payments within the most recent 12 months.

    Non-Residential
    Deposits received from non-residential applicants/consumers will be refunded upon termination of service.

Effective: 1/1/2008
Revised 4/24/2009
Revised 1/7/2015
Revised 8/22/2019

APPENDIX B TO SERVICE RULES AND REGULATIONS LINE EXTENSION FEASIBILITY ANALYSIS

 

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METHODOLOGY

This feasibility analysis methodology is based upon the concept that depreciation is the only cost component through which investment in facilities is recovered, and further, that of each dollar of gross margin (revenue less purchased power cost), a certain portion is available to meet depreciation expense. By dividing any negative difference, between the revenue available for depreciation and depreciation expense, by the depreciation rate, any required contribution-in-aid of construction can be determined.

APPLICATION

The factors used for determining feasibility will be extracted from the fiscal Operating Statement. Thereafter, the factors will be revised to reflect changes in the Cooperative's general rate level and cost factors relative to investment. Factors used in this analysis are as follows:

Factors used to determine feasibility of line extensions
#DescriptionFactor
1Annual composite depreciation rate on distribution plan investment 3.80%
2Total annual electric revenue (excludes other electric revenue)$251,057,259
3Total annual purchased power cost$192,924,121
4Gross margin (revenue less power cost)$58,133,138
5Total annual depreciation expense-distribution plant$17,864,986
6Depreciation expense as percent of gross margin30.73%

Effective: 1/1/2008
Revised 6/1/2009
Revised 10/4/2012
Revised 9/20/2018
Revised: 5/4/2023

The above factors will be applied, as indicated below, in the determination of any required contribution:

 SAMPLE Factor Application
ItemDescription                                                     Amount           
1.Total Investment (1)$______
2. Less: Investment on Extension allowance (1)-______
3. Net extension investment (2)  ______
4.Revenue less power cost (1)  ______
5.Depreciation allowance (@ 30.73%) (Line 4 x %)  ______
6.Less: Depreciation on extension allowance (@ 3.80%) (3)
(Line 2 x %)		  ______
7.Net depreciation allowance (4) (Line 5 - Line 6)  ______
8.Depreciation on net Extension Investment (@ 3.80%)
(Line 3 x %)		  ______
9.Difference (Line 7 - Line 8)  ______
10.Depreciation rate  ÷ .0380
11.Contribution required (if negative)  $______

Notes:

     (1)Estimated by Cooperative

     (2)Only this amount is subjected to feasibility evaluation since the Cooperative provides minimum length extensions, for certain classifications of service, without requirement for feasibility evaluation.

     (3)This adjustment is necessary to reflect the Cooperative's policy of providing minimum length extensions for certain classifications of service, without charge, regardless of feasibility.

     (4)If this amount is -0- or less, the net extension investment is not economically feasible and the net extension amount should be the required contribution.

Effective: 1/1/2008
Revised: 6/1/2009
Revised: 10/4/2012
Revised: 9/20/2018
Revised: 5/4/2023

SAMPLE: Feasibility Analysis For Line Extensions
ItemDescriptionAmount
I. INVESTMENT
1. Estimated Plant Investment (1)$____
2.Less: Investment On Extension Allowance (2)$____
3.Net Plant Investment$____
II. LOAD CHARACTERISTICS
4.Estimated monthly kWh usage  ____
5.Estimated average monthly billing demand  ____
III. REVENUE AND GROSS MARGIN
6.Estimated monthly revenue$____
7.To annualize     x12
8.Estimated annual revenue$____
9.Estimated wholesale power cost$____
10.Gross margin (revenue less power cost)$____
IV. Feasibility Analysis
11.Revenue available for depreciation (@ 30.73% of gross margin) (Line 10 x %)$____
12.Less: Depreciation on Extension Allowance (@3.80%) (Line 2 x %)$____
13.Net Revenue available for depreciation (3) (Line 11-Line 12)$____
14.Annual depreciation on net investment (@ 3.80%) (Line 3 x 3.80%)$____
15.Difference (4) (Line 13-Line 14)$____
16.Revenue deficit (Line 15, if less than -0-)$____
17.Depreciation rate ÷ .380
18.REQUIRED CONTRIBUTION$____

Note:

     (1)Total installed cost of line extension, transformers, meters, service, etc.

     (2)Installed cost of allowed minimum extension.

     (3)If this amount is -0- or less, the net extension investment not economically feasible and the net extension investment (Line 3) should be the required investment. If this amount is greater than -0-, proceed through Line 18.

     (4)If this amount is -0- or greater, the extension is feasible without any contribution, unless the Cooperative determines that the risk assumed in serving load warrants a contribution.

Effective: 1/1/2008
Revised: 6/1/2009
Revised: 10/4/2012
Revised: 9/20/2018
Revised: 5/4/2023

Please contact us for official versions of sample forms. 

 

APPENDIX B – URD TO SERVICE RULES AND REGULATIONS FEASIBILITY ANALYSIS FOR LINE EXTENSIONS TO UNDERGROUND RESIDENTIAL DEVELOPMENT

 

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METHODOLOGY

This feasibility analysis is based on the concept that only a certain portion of the gross margin is available to pay for the initial infrastructure costs for an underground residential development. This analysis will determine any required contribution-in-aid of construction. If a developer qualifies it will also determine the amount of refund due to the developer.

APPLICATION

The Factors Used in this analysis are as follows;
FactorValue
All electric average monthly kwh1695
Non all electric average monthly kwh825
Distribution adder$.01118
Cost of service$30.00
System Support Fee$26.56
Cost per lotUPN Estimate + Trenching Costs

 

Contribution-in-aid of construction will be determined by the following calculations:

Annual Revenue* per lot = (Distribution Adder x kwh x 12 months) – ((cost of service – system support fee) x 12 months)

Total Revenue per lot = Annual Revenue per lot x 15 years

Contribution-in-aid of construction = (cost per lot – total revenue per lot) x number of lots

*Annual Revenue will be calculated using the all electric and non-all-electric kwh, whichever is applicable.

Refunds due to the Developer

Any refunds due to the Developer, according to the agreement between the Developer and NGEMC, will be determined by the following calculation:

Refund per lot = (cost per lot – total revenue per lot) – (cost per lot – (annual revenue per lot x 20 years))

Exception:

If this feasibility study determines there should be no contribution-in-aid of construction, a per lot charge will be determined which will be eligible for a 100% refund according to the agreement between the Developer and NGEMC.

Revised 10/01/24

APPENDIX C TO SERVICE RULES AND REGULATIONS EVALUATION OF FACILITIES EXTENSION

 

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  1. Estimate investment required to meet applicant's request
  2. Determine which load block the improvement would otherwise be built.
  3. Determine the difference in time until the mid-point of the load block
  4. Compute the annual carrying charges on investment required to meet applicant's request
  5. Determine present value (using PV of annuity of $1.00 per year) of annual carrying charges, based on the nearest number of years until the mid-point of block in which project scheduled for construction.
  6. Determine percent benefit to applicant and to Cooperative
  7. Determine applicant's share of cost by multiplying percent benefit to applicant by present value amount. This is required contribution from consumer.

Effective: 1/1/2008

Evaluation of Facilities Extension In Accordance With Long-Range System Study

Sample Worksheet
ItemDescriptionCalculation
1Required Investment$_______
2 Load Block in which scheduled*  _______
3 Number of years to mid-point of block  _______
4Carrying Charge Rate  _______
5 Annual carrying charges on investment (Line 1 x Line 4)$_______
6Present value factor (i = 7%)     (n = Line 3 value)  _______
7Present value amount (Line 5 x Line 6)$________
8Applicant's benefit portion  _______%
9Required Contribution$_______
*Load Block Determination
Load BlockRange (Yr.'s)Years Charged to ApplicantYear 
A0-2
2-5		-0-
3.5		20__
B5-107.520__
C10-1512.520__
D15-2017.520__

 

 

 

 

 

 

Effective: 1/1/2008

 

APPENDIX D TO SERVICE RULES AND REGULATIONS SCHEDULE OF UNDERGROUND CHARGES

 

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Schedule of Underground Charges
SectionDescriptionCharge
104 (C)(1)(b)(1)Road Frontage Charge$6.00 per foot
104 (C)(1)(a)Underground Service Charge$450.00 each
104 (C)(1)(a)(1)(a)Underground Primary Trenching Charge – First 500 feet$2.50 per foot
104 (C)(1)(a)(1)(b)Underground Primary Trenching Charge – Over 500 feet$3.50 per foot
104 (C)(2)(a)Underground Primary Trenching Charge – First 150 feet$2.50 per foot
104 (C)(1)(b)Underground Primary Trenching Charge – Over 150 feet$3.50 per foot
104 (C)(1)(a)(13)
104 (C)(1)(b)(1)		Rock Excavation Charge$5.00 per linear foot 
per foot of depth

Effective: 2/1/95
Revised September 2006
Revised September 3, 2009
Revised August 2, 2012
Revised February 17, 2022

 

APPENDIX E TO SERVICE RULES AND REGULATIONS SCHEDULE OF SERVICE CHARGES

 

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SCHEDULE OF SERVICE CHARGES
DescriptionFee
Membership Fee$10.00
 RemoteOn-Site
Service Connection Fee $22.00$60.00
Service Connection Fee (After Hours)$22.00$120.00
Service Connection Fee Prepay$22.00N/A 
Temporary Service Fee$125.00
Temporary To Permanent Conversion Fee$50.00
Outdoor Lighting Connect Fee 
aNew installations$80.00
bNew installations where light installed at time service provided to premises$50.00
cExisting installations 
 1When light connected at time service is connected$20.00
 2When light connected at later date$60.00
Outdoor Lighting Reconnect Charge$75.00
Outdoor Lighting Relocation Charge$200.00
Meter Communication Charge 
 Cellular Only$12.00
 Advanced Communication$45.00
Meter Test Charge 
 Single-phase$50.00 
 Multi-phase/C.T.$100.00
Cut Meter Seal Charge$100.00
Meter Tampering/Power Diversion/ Investigation Charge (Minimum fee)$250.00
Equipment Damage 
 Single-phase Meter$350.00
 Multi-phase Meter$600.00
 4 G Multi-phase$1,200.00
Meter Socket Damage 
 Single-phase$100.00
 Multi-phase$200.00
Returned Check Charge$33.50
Escheat Maintenance Fee
In accordance with O.C.G.A. 44-12-196, maximum annual fee		$2.50
De minimis manual refund check fee, maximum fee$10.00
 RemoteOn-Site
Reconnect Fee (Regular Hours)$22.00$60.00
Reconnect Fee (Regular Hours) - Disc. at Pole/Tampering$200.00$200.00
Reconnect Prepay$-0- N/A 
Reconnect Fee (After Hours)$22.00$120.00
Reconnect Fee (After Hours) - Disc. at Pole/Tampering$225.00$225.00
Special Trip Charge (Regular Hours)$80.00
Special Trip Charge (After Hours)$160.00
Expedited Trip Charge (Member Initiated)$200.00
Prepay monthly fee$5.00
Conventional Bill Delivery$1.00
Past Due Notice$1.00
Late Payment Penalties:5%
Deferred Payment Plan Fee$5.00
Federal Trade Commission Administration Fee $3.00
Payment Arrangement$1.00

 

Fee Schedule for Renewable Energy Providers
Description Fee
Application Fee$500.00
Administrative Fee (all classes)$200.00
Interconnection Fee 
 Residential$580.00
 General Services$760.00
Monthly Billing Process Fee: 
 Standard Metering$5.25
 Advanced Metering$23.50
Additional Site Visit Fee $275.00
Document Processing Fee
(Including, but not limited to requests for system name or capacity changes)		$35.00

Effective November 1, 2008
Revised: September 3, 2009
Revised: December 9, 2010
Revised: August 2, 2012
Revised: November 1, 2012
Revised: March 7, 2013
Revised: May 16, 2013
Revised: January 7, 2015
Revised: October 19, 2017
Revised: April 19, 2018
Revised: June 21, 2018
Revised: August 22, 2019
Revised: August 1, 2023
Revised: October 17, 2023

 

APPENDIX F TO SERVICE RULES AND REGULATIONS COOPERATIVE'S CARRYING COST OF INVESTMENT

 

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x-DETERMINATION OF CARRYING COST FACTOR FOR REQUIRED INVESTMENT IN SERVICE FACILITIES AS OF FISCAL YEAR ENDING 6/30/18
1Total Utility Plant$423,862,414 
2Carrying CostsAmountPercent of T.U.P.
3 Dist. Expense - Operations$12,006,6012.83%
4 Dist. Expense - Maintenance$9,435,2082.23%
5Customer Accounts$3,734,9850.88%
6Sales Expense$1,717,5840.41%
7Admin. & General Expense$9,807,9142.31%
8 Depreciation Expense$14,944,2123.53%
9 Interest on Long-Term Debt $6,134,7991.45%
10. Operating Margin $6,934,2311.64%
11 Total - Annual Rate 15.27%
12 Monthly Rate 1.30%

Refer to Section 104(A).

Effective: 1/1/2008
Revised: 09/20/2018

APPENDIX G TO SERVICE RULES AND REGULATIONS

 

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Download an example of the SRR AppG Deferred Payment Agreement.

Please contact member services with questions. Deferred contracts require a member to contact NGEMC Members Services.  

 

APPENDIX H TO SERVICE RULES AND REGULATIONS PREPAY METERING PROGRAM POLICY (PPM)

 

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The Prepay Metering Program (PPM) option is a system that utilizes the AMI capabilities of the NGEMC metering system to offer members an opportunity to manage their power consumption with flexible payment options. The PPM program allows the consumer to pay for power in advance, the ability to monitor their usage, and avoid large deposits. 

The provisions of this section apply only to the Prepay Meter (PPM) participants.

  1. Participant must sign and agree to the requirements set forth within the Prepay Meter agreement.
  2. Participant must have a current NGEMC application on file and be a member of NGEMC as stated in Section 101.
  3. The Prepay program is a voluntary option available to any consumer. See Statement of Non-Discrimination. Payment of membership fee, fees associated with PPM, a minimum credit balance, and $25.00 deposit shall be required to begin participation in the PPM program. Existing account balances shall be zero. An alternative debt recovery plan for unpaid balances and old bills may be used at the discretion of the cooperative.
  4. Service interruptions will occur when the balance of the PPM account falls below the minimum required $0.00 balance. Notification will be given via the venue selected by the consumer: push notifications, e-mail, text or other communication methods.
  5. PPM has no monthly billing statement. PPM accounts will be trued up at month end. Participant selects the method of notification.
  6. PPM is not subject to credit extension under section 502, 503, 504 or 505.
  7. Returned payments. If a payment is returned on a PPM account, the account will be disconnected immediately if the balance is below the minimum required. A charge for processing the returned payment as provided in Schedule E, plus the payment amount and any fees shall be applied to the credit balance. After the first returned payment, the account will be marked no checks. A minimum required balance shall be secured before the prepay account will be reconnected.
  8. PPM accounts will be disconnected when the balance goes below the minimum required $0.00 balance. Reconnect will occur when the base amount of $25.00 credit has been re-established.
  9. A minimal deposit will be charged for PPM participants. Upon termination of service, deposits will be applied to any remaining balance. Credit balances may be refunded if applicable in accordance with Sections 101 and 103(C).
  10. Participation in PPM requires a residential 2S meter with the ability to communicate automatically.
  11. Energy assistance pledges will be posted to the account upon notice from the qualified energy assistance agency. Funds shall be reversed if not received from the agency.
  12. Tampering or power diversion. If there is tampering or power diversions at the meter, then the PPM account shall be subject to immediate disconnect. Thereafter, all fees and usage shall be paid before re-establishing the PPM account or transitioning to regular billing.
  13. Requests to transition from PPM to regular billing may result in paying a deposit as well as clearing any unpaid balances and debt recovery.

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