Chapter 11.04 GENERAL PROVISIONS

(a) The rates, terms, provisions and conditions specified herein for and regarding electric power, water, and telecommunications service apply to customers located, or to be located on, the electric, water, and telephone lines or systems of KPU and are subject to change at any time. Complete schedules of all rates in effect shall be filed and maintained at all times in the utilities business office and shall be available for public inspection during regular business hours.

(b) In the event more than one rate schedule is applicable to any class of service, KPU will call such fact to the attention of the applicant at the time application for utility service is made, explain the several schedules, and the applicant shall designate which rate schedule is desired. The rate schedule so designated by the customer shall remain applicable until the customer gives written notice specifying that another available rate schedule is desired, except as such schedule may thereafter be modified or abolished by KPU. Customer changes in rate schedules shall not be allowed more than once in any 12-month period without the express approval of the utilities manager. In the event a customer desires to receive utility service under a different schedule than that under which service is currently being provided, the different rate schedule shall not become applicable until after the next regular meter reading following the date written notice by the customer to change the schedule is received by KPU.

(c) In the event new, additional, or modified rates or rate schedules are adopted, KPU will take such measures as may be practicable to advise the customers who may be affected by such new, additional, or modified rates or rate schedules that such rates have become effective. Such notice of change of rates will include, but is not limited to, customer publications, local media, and direct mailing.

(d) All rates are based on delivery of utility service to one location of one customer unless otherwise stated in the rate schedule. Service for less than 12 months may be classified as temporary and special arrangements required.

(e) The right is reserved by KPU to modify, with the approval of the city council, the approved rates and/or regulations, when such modifications are deemed necessary, beneficial, and in the public interest. Such modifications shall be for a specific reason and for a specified time period and shall not be construed as a substitute for, or an abrogation of, the regular and generally applied rates and/or regulations except during the specified period during which such modifications are to be effective. (Ord. 1065 § 3, 1985)

11.04.020 Written contracts for electric utility service.

Notwithstanding the provisions of KMC 11.04.010, electric utility service provided to a single customer which is expected to be in excess of 1,200 kilowatts of peak demand, or 500,000 kilowatt hours of energy per month, or other service requiring special expenditure, planning, or accommodation by KPU, shall be provided pursuant to a written contract between the customer and KPU. The terms and conditions of such contracts shall specify the rate schedule to be applied, and may include, in addition to the provisions set forth in the applicable rate schedule, such additional matters as the minimum and maximum term of service, minimum and maximum purchases, the periods of notice required to be given prior to receiving or discontinuing service, and such other terms, conditions and provisions as are deemed to be in the best interest of KPU. (Ord. 1065 § 3, 1985)

11.04.030 Application for utility service.

(a) Each applicant for utility service shall be required to complete and sign an application for utility service on a form provided by KPU.

(b) The application referred to in subsection (a) of this section, and any information included thereon, shall be used by KPU and the city finance department for the management and administration of the customer’s administrative account, financial accounting, recovery of payment for utility services, and the city’s own credit records and for no other purpose except as may otherwise be required by law. (Ord. 1065 § 3, 1985)

11.04.040 Deposits.

(a) Prior to providing any utility services KPU may require a security deposit from each applicant. KPU may accept in lieu of a security deposit a letter issued by the applicant’s last previous utility not more than six months prior to the date of the application under consideration by KPU stating that the applicant was a customer of such utility within six months of the date of the letter and that at all times during the last six months of service the customer’s utility service account was current and at no time delinquent in payment. If an applicant for service posts a security deposit and thereafter submits a letter of good credit standing to KPU and such letter is accepted by KPU, the security deposit will be refunded if the customer’s KPU utility account has not been delinquent. If the customer’s account has been in good standing and not delinquent during each of the immediately preceding 12 months the security deposit will be refunded. If, after acceptance of a good credit standing letter, or at any other time, a customer’s account becomes delinquent, KPU may, as a condition of continuing utility service, require the customer to make the security deposit required herein.

(b) Minimum Deposit. The minimum security deposit shall be as follows:

(1) Electric service	$50.00
(2) Telecommunications service	$50.00
(3) Water service (required only if applicant is not also receiving, or applying for, electrical or telecommunications service)	$25.00

(c) Additional or new security deposits may be required when accounts become delinquent, or conditions otherwise warrant, as determined by KPU. KPU shall be the sole judge in determining the need for additional security deposits and the amount of such additional deposit. KPU reserves the right to refuse to provide new services, and to terminate existing services, in the event security deposits are not made as herein provided.

(d) The security deposits provided for herein shall accrue simple interest at the rate of five percent per annum, which shall be credited to the customer’s account. When utility services are discontinued the security deposit, and any accrued interest, shall be applied first to any due and unpaid amount of the customer’s account, and the balance, if any, refunded by issuing a check to the customer. Endorsement of the check shall be deemed to constitute an acknowledgment by the customer of the receipt of the refund of the security deposit and to the release of KPU from any and all further claims regarding the deposit. (Ord. 1849 § 1, 2017; Ord. 1532 § 3, 2005; Ord. 1123 § 1, 1987; Ord. 1065 § 3, 1985)

11.04.050 Rendering and payment of bills.

(a) Bills for utility service shall be based on meter registrations and be rendered monthly, or as may be required for opening or closing billings, or as otherwise provided under applicable rate and tariff schedules.

(b) Reading of Meters.

(1) Meters will be read as nearly as possible at regular monthly intervals. For billing purposes each meter upon the customer’s premises will be considered and billed separately and readings from two or more meters will not be combined.

(2) Meter readings may be estimated a maximum of two consecutive months; provided, however, for remote areas, such as Gravina and Pennock Islands, meter readings may be estimated for a maximum of three consecutive months. When estimates are made, the bill shall clearly identify that the readings are estimated. In the event KPU access to a meter is denied or is otherwise not provided, or made readily available, thereby requiring that the readings be estimated, the customer will be given a notice after the second estimate that access must be provided or service will be discontinued (see KMC 11.04.210, meter installations, for additional information). Nonpayment of an estimated bill shall be treated the same as any other delinquency.

(c) Bills for utility services shall be mailed to the customer at the address shown on the KPU records and are due and payable not later than 25 days after the billing date shown on the bill. Such bills are the first notice to the customer that the amount shown is due and payable and the bill shall become delinquent if not paid within 25 days after the billing date. Payment shall be made at the KPU office or by mail. If a letter containing valid payment is postmarked within 25 days after the billing date, the payment will be deemed to have been received by KPU within the current period and will not be considered delinquent. (Ord. 1065 § 3, 1985)

11.04.060 Delinquent bills.

Bills not paid within 25 days after the date of the billing are delinquent and subject to late payment charges. The late payment charge shall be five percent of the amount of the delinquency. Accounts which are not on a special credit arrangement will receive a past due (delinquent) notice incorporated into the bill for the following month. Failure to receive mail is not a valid reason for nonpayment of the bill. Upon receipt of the delinquent notice the customer shall either pay the amount due or make acceptable payment arrangements with the city finance department. Failure to promptly pay the delinquent bill or make and comply with the terms of acceptable credit arrangements for payment will initiate action to disconnect the utility. (Ord. 1065 § 3, 1985)

11.04.070 Complaint and billing disputes.

Except as provided in subsection (c) of this section, any person that feels they have not been accorded fair and equitable treatment, or that disputes the accuracy of a utility billing, may request and obtain a review of the matter pursuant to the procedure provided for in subsection (a) of this section if the complaint relates to the accuracy of a utility billing, or pursuant to the procedure provided for in subsection (b) of this section as to another type of utility complaint. A complaint will be reviewed only if the person submits the complaint and follows the procedures provided for herein.

(a) Billing Complaint. The procedure for reviewing a complaint regarding a billing shall be as follows:

(1) Step 1. The complainant requests an informal conference with the city finance department. Upon receipt of the request, a finance department employee shall be designated to schedule and conduct an informal conference with the complainant. The complainant may be accompanied to, and assisted at, the informal conference by a representative. The complainant shall state their complaint and present any documents and arguments in support of their position. The finance department employee assigned to the case shall review the matter with the complainant and shall have the authority to make adjustments to the billing amount as necessary to assure the billing is correct.

(2) Step 2. If the complaint is not resolved at Step 1, the complainant may appeal the Step 1 decision to the city director of finance for further review by filing a written request therefor not later than five days after the complainant is advised of the Step 1 decision. Upon receipt of a timely request for a hearing the director of finance shall meet with the complainant, review the matter, and advise the complainant of the decision.

(3) Step 3. If the dispute is not resolved at Step 2, the complainant may appeal the matter to the utilities manager by filing a written request for a hearing with the utilities manager not later than five days after the date the complainant is advised of the Step 2 decision. The utilities manager shall review the matter and advise the complainant in writing of the decision and the reasons therefor. The decision of the utilities manager shall be final.

(4) Step 4. If the decision of the utilities manager is to uphold any portion of the billing, that portion of the billing that is upheld shall become due and shall be payable as determined and specified by the utilities manager in his decision. In the event the portion of the billing that is upheld is not paid as required, KPU shall proceed in the manner provided for delinquent utility bills.

(b) Complaints Not Involving Billing. Except as provided in subsection (c) of this section, a customer or other person that has a complaint which is not a billing dispute reviewable under subsection (a) of this section may submit the complaint for review pursuant to the following procedure:

(1) Step 1. The complaint may be made to an employee of KPU who shall either attempt to resolve the complaint or refer the matter to another employee of KPU that is responsible for the type of service, problem, or issue that is involved.

(2) Step 2. If the complaint is not resolved pursuant to Step 1, the employee shall refer the matter to the head of the department that is responsible for the utility service or issue involved, who shall meet with the complainant and make every reasonable effort to resolve the matter.

(3) Step 3. If the complaint is not resolved at Step 2, the complainant shall have the right to file a written request for a hearing before the utilities manager not later than five days after the date of the decision by the department head. If the complainant files a timely request for a hearing before the utilities manager, the complainant shall be advised of the date, time and location of the hearing and of the right to bring documents and witnesses to assist in the presentation of the complaint. The complainant shall also be advised that reasonably available KPU records relating to the complaint, and KPU personnel with relevant information, will be brought to the hearing if requested.

(4) Step 4. The hearing before the utilities manager shall be informal. The hearing need not be recorded and the formal rules of evidence and other formal legal procedures shall not apply. The complainant shall state their complaint with particularity and present any documents, witnesses or other evidence and arguments in support of their position and may examine any documents and witnesses presented by KPU. At the conclusion of the hearing, the utilities manager shall render a written decision setting forth the reasons for the decision. The decision of the utilities manager shall be final.

(c) If the grievance, dispute or complaint is a KPU personnel matter subject to the city personnel rules or a collective bargaining agreement, or if there is some other specific procedure that has been adopted or is made applicable for the review of the complaint or dispute, the provisions of such personnel rules, collective bargaining agreement or other procedure shall be applicable and govern such review and the matter shall not be reviewable or subject to the review provisions of this section. (Ord. 1065 § 3, 1985)

11.04.080 Pretermination procedures and disconnection of service.

(a) In the event utility bills are not paid as required, or any rules, regulations, standards, codes or other applicable provisions are not complied with or are violated, the service may be terminated and the utility disconnected. The pretermination and disconnect procedures shall be as hereinafter provided.

(b) Nonpayment of Bills. KPU shall take the following actions prior to disconnection of utility service for nonpayment of bills:

(1) A past due notice shall be incorporated into the customer’s normal billing each time an account is delinquent. This notice shall inform the customer that the account is past due and that the utility service is subject to being disconnected if the billing is not paid within seven days after the date of such past due notice.

(2) If the account is not paid within seven days after the date of the past due notice provided for in subsection (b)(1) of this section, a disconnect notice will be sent to the customer.

(3) The disconnect notice referred to in subsection (b)(2) of this section shall state that unless payment is received within 10 days after the date printed on the disconnect notice service will be disconnected.

(4) A customer’s electrical service will not be disconnected on a day when KPU’s offices are closed or on the day preceding a day when such offices are closed.

(5) Provisions for Utility Service Reconnection.

(A) Utility service may be reconnected upon payment of the account balance in full and the payment of any additional security deposit that may be required.

(B) Where scheduling does not permit normal service reconnection on the same day as requested, the customer may elect to pay an after-hours charge for obtaining reconnection of service that day or service will be reconnected on the next available business day.

(6) Electric utility service will not be disconnected for nonpayment of bills in the following situations:

(A) Life support equipment is used and is dependent on that utility service for the operation of the apparatus;

(B) The customer presents evidence that establishes that such termination will seriously affect the health or safety of the customer or of a member of the customer’s household, provided the customer has made prior credit arrangements with KPU;

(C) The customer has made prior credit arrangements for payment and is complying with the terms of such credit arrangement. Credit payment arrangements must specify the payment dates, payment amount, and review dates. The credit arrangement shall be a commitment by the customer to pay the delinquent portion of the bill on a specified date, or in equal payments over a specified period of time that is agreeable with the credit personnel of the finance department. If payments are not being made as agreed, service shall be subject to disconnection;

(D) For delinquency in the payment of utility service rendered to a prior customer at the same premises where service is currently being provided, except in the instance where the prior delinquent customer continues to reside on the premises.

(7) Exceptions to the provisions of this section regarding the manner, sequence, or time for payment or disconnections of utility service may be granted by the city director of finance or by the utilities manager.

(c) Violations of Rules and Regulations. KPU shall have the right to disconnect any utility service that is found not to be in compliance with, or is in violation of, any rules, regulations, standards or codes. Prior to disconnection the customer shall be given written notice of the nature of the noncompliance or violation and advised that the utility service will be terminated if the violation or noncompliance is not corrected within the time period that is specified in the notice. Unless a different notice period is provided for in this title the period allowed for bringing the condition into compliance, or to correct the violation, shall be not less than 30 days.

Such violations shall include, but are not limited to, the following:

(1) Failure of the customer to provide KPU with access to KPU metering or other equipment, or to the property;

(2) The customer fails to comply with all applicable rules, regulations, standards and codes which pertain to the safe construction, operation and maintenance of utility facilities;

(3) Meter tampering;

(4) The customer impairs or interferes with utility service to others;

(5) The customer’s equipment, use or intended use of utility service is determined to be substandard.

(d) Disconnection of utility service as provided in this section shall be deferred during the time the grounds or basis for disconnection is being reviewed or appealed pursuant to the provisions of KMC 11.04.070.

(e) When the condition that resulted in the disconnection of service is corrected, KPU will, upon payment of all required charges relating to reconnection, restore utility service.

(f) Notwithstanding any other provision provided for herein, KPU reserves the right to disconnect utility service without notice under the following conditions:

(1) Theft or diversion of utility service;

(2) Existence of an immediate hazard which threatens the health or safety of the customer, another person, the general public, or KPU personnel, equipment or facilities. (Ord. 1065 § 3, 1985)

11.04.090 Theft or diversion.

Tampering with meters or other facilities of KPU or theft or division of utility services is a violation of KPU rules and regulations and also a criminal offense under Alaska law. Theft or diversion of utility service shall constitute just cause for KPU to disconnect service. In the event utility service is disconnected as provided herein, the amount of estimated lost revenue, damage to KPU property, disconnect and reconnect charges, and any other costs or expenses incurred to KPU as a result of such tampering, including such damages as are provided for in AS 42.20.030, shall be determined and such amount shall be paid in full before the utility service is restored. (Ord. 1065 § 3, 1985)

11.04.100 Resale of service.

No person shall resell or redistribute any electric energy, water, or telecommunications service furnished by KPU unless specifically authorized in advance by written agreement with KPU. (Ord. 1532 § 3, 2005; Ord. 1065 § 3, 1985)

11.04.110 Increase in rate to compensate for taxes.

Utility service rates contained in this title are subject to proportional increases to compensate for any gross revenue, kilowatt-hour, or other form of tax imposed by any municipal, state, or federal taxing authority. (Ord. 1065 § 3, 1985)

11.04.120 Interruption of service and nonliability.

(a) KPU will exercise reasonable diligence and care to deliver a continuous and adequate supply of electric, water and telecommunications services to customers, but cannot, and does not, warrant or guarantee such level or quality of service will be provided and KPU, the city, and their officers and employees shall not, except as to allowance of a credit for an outage or interruption of service as provided in subsection (b) of this section, be liable for any claim, loss, injury, or damage which may be caused by reason of an outage, shortage, fluctuation, or interruption in service, and such outages, shortages, fluctuations, or interruptions shall not constitute a breach of any express or implied contract or warranty or otherwise impose any liability on KPU, the city, or their officers or employees.

(b) KPU shall only be responsible for the effects of any outage or interruption of telecommunications, electric, or water service to the extent of the amount billed for the affected utility services during the period the utility service was interrupted or out of service. A prorated credit on the utility bill will be allowed for the period after such utility service interruption, shortage or outage has been reported to KPU to the time the utility service is restored, except that no credit shall be given if the utility service interruption, shortage or outage is less than 48 hours in duration. In no event shall credit be allowed where the cause of the interruption, shortage or outage can be traced to the fault of the customer, the premises, or to equipment or facilities that are not owned or maintained by KPU.

(c) KPU shall have the right to temporarily suspend delivery of utility service whenever KPU finds such necessary for the making of repairs or improvements to its systems; provided, however, whenever practical, and time permitting, reasonable prior notice shall be given in the newspaper or other advertising media to the customers. The repairs or improvements will be prosecuted with reasonable diligence and, insofar as is reasonably feasible, at such times as will cause the least inconvenience to customers.

(d) Nothing in this chapter shall be construed as placing upon KPU, the city, or their officers, employees and agents any responsibility for the maintenance, inspection or repair of any of the customer’s wiring, current consuming devices, communications equipment, plumbing, or any other customer equipment or facilities; and KPU, the city, and their officers, employees and agents shall not be held liable for any claim, loss, damage or injury to persons, property or equipment resulting from any defects in the customer’s installations or equipment, or for any damage or injury to any person or property arising from use of the service on the premises of the customer. (Ord. 1532 § 3, 2005; Ord. 1065 § 3, 1985)

11.04.130 Access to premises.

(a) KPU, or its duly authorized agents or contractors, shall be provided full, unobstructed, and free access at all reasonable times during the day to all parts of all buildings and property supplied with utility service for the purposes of reading meters, installing, inspecting, repairing, testing, maintaining and reinstalling utility lines, pipes, wires, conduits, fixtures, meters or other equipment or facilities. KPU reserves the right to close off all lines, pipes, wires, conduits, fixtures, and other equipment of facilities found to be not in compliance with all rules, regulations, standards, and codes, and service will not be resumed until satisfactory repairs and corrections have been made.

(b) Written permission from KPU shall be obtained prior to attachment of any equipment, device, materials, or facilities of any nature or description to KPU owned or operated facilities. (Ord. 1895 § 1, 2019; Ord. 1065 § 3, 1985)

11.04.140 Rules regarding telecommunications service only.

(a) The rules and requirements specified in this section are in addition to any other applicable KPU rules and regulations.

(b) Local and long distance telecommunications service is available to the general public through facilities owned and operated by KPU. Charges for this service shall be as provided in Chapter 11.12 KMC.

(c) Telecommunications and other utility service is provided for the exclusive use of the customer only. The customer assumes sole responsibility for the use of this service by any and all persons.

(d) Equipment and facilities furnished by KPU shall remain the property of KPU. KPU retains the right to install, maintain, inspect, sell and remove the equipment and facilities as conditions dictate.

(e) Customers shall not disconnect or remove, or permit others to disconnect or remove, any apparatus owned by KPU without the prior consent of KPU.

(f) Upon discontinuation of telecommunications service, the customer will be billed the actual replacement cost of each piece of telecommunications apparatus missing, damaged or destroyed.

(g) The customer shall have no property right in the telephone number. KPU reserves the right to change telephone numbers as deemed necessary.

(h) KPU’s obligation to furnish telecommunications service is based upon, and limited by, KPU’s ability to procure and retain suitable facilities and rights for the construction and maintenance of the necessary circuits.

(i) KPU may suspend any utility service and remove KPU’s equipment from the customer’s premises if use of the service is conducted or is exercised in such manner as to impair or interfere with service of others.

(j) All network signaling and switching equipment will be furnished, installed and maintained by KPU.

(k) Customer provided equipment:

(1) No customer provided equipment shall be attached or connected to any facilities furnished by KPU except upon the express prior written approval of KPU.

(2) Customer provided equipment and communication systems may be used with the facilities furnished by KPU; however, it shall be the customer’s responsibility to ensure that all such equipment and systems are constructed, maintained and operated in such manner as to work satisfactorily and be compatible with the facilities provided by KPU.

(3) Any adverse effect on any equipment provided by the customer caused by a change in KPU’s telephone operating characteristics shall be the responsibility of the customer and shall be corrected or remedied at no cost or expense to KPU.

(4) Upon notification from KPU that the customer’s equipment or system is causing interference or other problems, the customer shall immediately make such changes as are necessary to remove, prevent, or otherwise remedy the interference or problem. When a service difficulty or trouble report results from customer provided equipment the customer shall be responsible for payment to KPU for the cost of all of the time and materials expended by KPU in correcting the situation.

(5) Customer provided equipment which, in the opinion of KPU, serves a location unsuitable or inaccessible will be connected by the means of a protected device furnished by KPU and paid for by the customer.

(6) Where the use of any customer provided equipment involves direct connection to facilities furnished by KPU such connection shall be made through a connection device furnished, installed and maintained by KPU. (Ord. 1532 § 3, 2005; Ord. 1471 § 1, 2003; Ord. 1065 § 3, 1985)

11.04.150 Description of service.

(a) General. Service installations may be either overhead or underground; however, a combined electric/telecommunications installation shall be installed either totally overhead or totally underground and may not be a combination of the two without the prior approval of KPU. KPU service installations will normally be overhead installations. All approved underground service installations shall be constructed and installed as required and described in subsection (i) of this section, Underground Service Connections.

(b) Character of Electric Service. The character of electric service available at a particular location may be ascertained by inquiry at the KPU office. Alternating current service of 60-cycle frequency, conforming to standard practices of the industry, will be supplied. Voltages referred to in this title and other official documents of KPU are nominal voltages. KPU will endeavor to operate and maintain its electrical energy within reasonable limits, but does not warrant or guarantee the same.

(1) Secondary voltages – 120/240 single-phase, 120/208 wye, 120/240 delta, and 480 delta three-phase or other standard secondary voltages may be available with prior approval by KPU;

(2) Primary voltages – 4,160/2,400 and 12,470/7,200 grounded wye, three-phase;

(3) Transmission voltages – 34,500 volts and above. KPU may elect to supply a customer from lines of transmission voltages.

(d) Single-Phase Service. No single-phase motor larger than five horsepower, or single-phase air conditioner or heat pump with a capacity in excess of 100,000 BTU or 30 kW demand or other load of 15 kW or more may be connected without the prior approval of KPU.

(e) Three-Phase Four-Wire Service. KPU may limit the size of the largest motor that may be operated on its system. The customer may be required to provide acceptable space to KPU on the customer’s premises to accommodate the installation of KPU’s facilities.

(f) Special Facilities. Special facilities are considered to any existing, enlarged or new facilities that are installed and/or used by KPU at the customer’s request that are in addition to the standard facilities KPU would normally install or use and represent additional costs to KPU. Installation of special facilities will be made by KPU under the following conditions, provided KPU determines that the type of special facilities are acceptable and agrees to the installation:

(1) The applicant for special facilities is also an applicant for permanent electric service, or is a customer receiving permanent electric service at the same location;

(2) The applicant executes a contract providing for repayment of KPU’s cost of installation of the special facilities;

(3) The provisions of Chapter 11.06 KMC, Utility Line Extensions, if applicable, are complied with.

(g) Miscellaneous Service Entrance Equipment.

(1) The customer shall furnish the following equipment: service switches, connectors, fuses, meter housings, service termination equipment, weatherheads, wireways and similar devices that are required in accomplishing the connection of service to the load side of the customer’s metering point.

(2) The equipment referred to in subsection (g)(1) of this section, and the installation, shall comply with all applicable rules, regulations, codes and standards which pertain to the safe construction and operation of utility facilities. Such facilities shall be the property of, and shall be maintained in a safe and operable condition at all times by, the customer. The customer shall provide a suitable means for KPU to place its meter and meter seals on covers of service enclosures and instrument transformer enclosures.

(h) Overhead Service Connections.

(1) KPU will furnish and install an overhead service to the nearest practical point of attachment on the customer’s building or other delivery point, such point to be approved by KPU prior to construction. The customer shall provide to KPU all necessary rights-of-way or utility easements required to provide the service connection.

(2) Whenever any clearance between the service conductors and the ground, or any object, becomes impaired as a result of actions of the customer and does not comply with all applicable rules, regulations, codes and standards, the customer shall, at the customer’s expense, provide a new and approved support for termination of KPU’s service wires. Such support shall be in a location approved by KPU prior to commencement of construction. The customer shall also provide all service entrance conductors and equipment necessitated by the change of location.

(i) Underground Service Connections.

(1) Where KPU maintains an underground distribution system, individual service connections (service lateral) will be underground, using the shortest practicable route to a customer’s service entrance and shall be in a location satisfactory to KPU. All installations and construction shall be in accordance with all applicable rules, regulations, codes and standards.

(2) Where KPU owns and maintains on the customer’s property either a distribution junction box, manhole, transformer, enclosure, service lateral, or other utility equipment or facility, the customer shall provide, at no cost or expense to KPU, all necessary rights-of-way or utility easements on such forms as is approved by KPU.

(3) Where the customer installs, owns, and maintains a conduit system in which KPU will install its cables, the specifications of such conduit system and related enclosures shall be subject to the prior approval of KPU.

(4) Whenever KPU’s underground distribution system is not complete to the point where the service lateral is to be connected to the distribution system, the system may be extended in accordance with, and shall be subject to, the provisions of Chapter 11.06 KMC, Utility Line Extensions.

(j) Primary Service Installations (600 Volts or More).

(1) Wherever KPU’s overhead or underground primary voltage is not completed to the point where service can be connected, the system shall be extended in accordance with, and subject to, the provisions of Chapter 11.06 KMC, Utility Line Extensions.

(2) Whenever a transformer installation is required on the customer’s premises the customer shall furnish, install, own and maintain a suitable foundation or enclosure for equipment and any conduit or duct necessary within the customer’s building. The customer shall also supply the necessary conduit or duct and provide a suitable location and route for KPU’s primary and/or secondary conductors up to the building.

(3) Whenever the primary cable terminates inside the customer’s building, the customer shall furnish, install, own, and maintain that portion of the conduit or duct that is located inside of the outer building line.

(k) Additional Telecommunications and Water Service Installations Requirements.

(1) Telecommunications. The requirements and responsibilities regarding new telecommunications service installations are the same as described in subsections (g)(1) and (h)(1) and (2) of this section and the following additional provisions and requirements:

(A) At the customer’s request, KPU will furnish, and will own and maintain, the necessary customer termination, test facilities and customer premises equipment as required for service. The customer may be required to install protective equipment that complies with all applicable rules, regulations, codes and standards which pertain to the safe construction and operation of utility facilities.

(B) Equipment furnished by the customer shall be registered with and be approved by the Federal Communications Commission, and also be registered with KPU, and shall be customer premises equipment only (i.e., basic and complex phone systems, PBXs, answer and record devices, alarm equipment, house wiring and jacks or blocks). Such equipment shall be the property of the customer and the customer shall have the sole responsibility to maintain all such equipment at no cost or expense to KPU. The customer shall provide a suitable means for KPU to place its closure or seal on service entrances which protect access.

(2) Water. In addition to the provision of subsection (i)(1) of this section, the following provisions and requirements shall apply to new water service installations:

(A) New Water Service Installations. The customer shall be responsible for installing new water service facilities from the point of connection with KPU’s water main. All such facilities, whether or not located on the customer’s property, shall conform to all applicable KPU standards including standards for protection of facilities from freezing and contamination and standards governing the size, design and specifications for water service facilities. The customer shall be responsible for assuring that all facilities, including those on customer’s property, have been inspected and approved by KPU. The customer shall also be responsible for replacing all such facilities. Water service may be denied by KPU until the facilities have been inspected and approved by KPU.

(B) Maintenance of New Water Service Facilities. Except as provided in subsection (k)(2)(D) of this section, KPU shall maintain new water service facilities from the point of connection to KPU’s water main corp stop to and including the property curb stop valve; provided, that:

(i) The new water service facilities meet KPU standards and have been inspected and approved by KPU; and

(ii) Ownership of those new water service facilities has been conveyed to and accepted by KPU. The customer shall own and be responsible for maintaining all facilities located downstream from the property curb stop valve and all facilities that do not conform to KPU standards or that have not been inspected and approved by KPU. If no property curb stop valve exists, then KPU shall establish some other practical demarcation.

(C) Maintenance of Existing Water Service Facilities. The customer shall be responsible, at its cost, for any maintenance and replacement of existing water service facilities downstream from the corp stop valve unless:

(i) KPU determines that such facilities comply with its most current applicable standards; and

(ii) Ownership of the facilities has been conveyed to and accepted by KPU.

Except as provided in subsection (k)(2)(D) of this section, existing water service facilities which meet the requirements of both subsection (k)(2)(C)(i) and (ii) of this section will be maintained by KPU from the point of connection to KPU’s water main corp stop to and including the property curb stop valve. If no such property curb stop valve exists, then KPU in its sole judgment shall establish some other demarcation. The customer will in all cases be responsible for maintaining all water service facilities downstream from the property curb stop valve or other demarcation and will be responsible for replacement of water service facilities.

(D) Maintenance of Oversized Water Service Facilities. Customers whose water service lines equal or exceed two inches in diameter shall be responsible, at their cost, to maintain and replace such lines and other water service facilities from the KPU water main to and including all customer premises facilities attached to such lines.

(E) Thawing of Water Service Facilities. The customer shall, at its cost, thaw all water service facilities downstream from and including the point of connection with KPU’s main. The customer shall be responsible for any damage arising from or related to its thawing of water service facilities. Thawing of water service facilities is not a maintenance function of KPU.

(F) Other Valves Located in Public Rights-of-Way. Sprinkler system valves at the main, and all other valves located in public rights-of-way, shall be the property of KPU and shall be operated by KPU water division personnel only.

(G) Definitions. For purposes of this section, the following definitions apply:

“Corp stop valve” is that underground or suspended valve which is immediately adjacent to the water main.

“Existing water service facilities” are those water lines, pipes, valves and connections which were connected to KPU’s main water lines on or prior to the effective date of the ordinance codified in this section.

“New water service facilities” include all water lines, pipes, valves and connections connected to KPU’s main water lines after the effective date of the ordinance codified in this section but shall not include extensions of the water mains by KPU or under KPU’s authority.

“Property curb stop valve” is that valve located underground, or suspended beneath the street, at or near the customer’s property line. Valves which are attached to buildings or are within buildings are not property curb stop valves unless otherwise determined by KPU. (Amended during 2014 reformat; Ord. 1532 § 3, 2005; Ord. 1377 § 1, 1997; Ord. 1065 § 3, 1985)

11.04.160 Substandard conditions and service refusal.

In addition to disconnection because of an immediate hazard to health or safety, nonpayment of bills, or other reasons as provided in this title, KPU shall have the right to disconnect utility service, or to refuse to connect a utility service, if KPU gives the customer notice of the existence of an unsafe or substandard condition and the condition is not corrected and brought into compliance with all applicable rules, regulations, codes and standards pertaining to the safe construction and operation of utility facilities within the time specified by KPU. KPU shall have no responsibility for inspecting or repairing the customer’s wiring or any other utility equipment, or any part thereof, and does not assume any liability or responsibility whatsoever therefor. (Ord. 1065 § 3, 1985)

11.04.170 Protective devices on premises.

Protective devices shall be installed by the customer whenever KPU deems it necessary to protect the property of KPU, the customer, other persons or the general public. No motor rated in excess of seven and one-half horsepower may be installed for “across-the-line” starting without the approval of KPU. (Ord. 1065 § 3, 1985)

11.04.180 Power factor.

In the event KPU determines that a customer’s average power factor is below 0.85 and KPU gives, after written notice to install, corrective equipment and the customer fails to do so, KPU may proceed to take corrective action and charge the customer for the cost of labor, materials and installation of the equipment necessary to improve the power factor above 0.90. (Ord. 1065 § 3, 1985)

11.04.190 Interference and equipment to limit voltage and current fluctuation.

Customers who operate any equipment that causes voltage fluctuations, or where the use of electric current is intermittent or subject to fluctuations, may be required to provide corrective measures which will reasonably limit such fluctuations. KPU reserves the right to refuse to supply service which KPU determines may seriously impair the service to others if a customer continues to use such equipment or apparatus after written notification from KPU. (Ord. 1065 § 3, 1985)

11.04.200 Increased use of electricity.

A customer shall give KPU written notice before making any additions to the customer connected load that may impair the quality of service rendered by KPU. (Ord. 1065 § 3, 1985)

11.04.210 Meter installation and metering.

(a) Meter Installations.

(1) All KPU meters shall be installed, sealed and removed only by KPU. No such seal shall be broken except by a representative of KPU or by a duly licensed electrician with the advance permission of KPU.

(2) Meters shall be located on the outside of buildings or other delivery point as determined by KPU. In the case of temporary or mobile home installations, the meter locations shall be on a secondary pole or meter pedestal unless otherwise approved in advance by KPU. New service entrance locations on the customer’s premises shall be approved by KPU prior to installation. Meters shall be placed in such manner and location as to be readily accessible for inspection, reading and testing. It shall be the responsibility of the customer to maintain a clear space of not less than 30 inches in front of the meter. Meters shall not be located over gas meters or other grounded objects or in hazardous locations. Meter sockets must be installed in a true vertical plane six feet above the ground plus or minus six inches. Sockets for potential transformer meter installations shall not be equipped with circuit closing devices.

(3) If an existing meter is or becomes inaccessible for inspection, reading or testing, the customer shall, at no cost or expense to KPU, provide a new and approved location for the meter in order to comply with subsection (a)(2) of this section. Failure to comply with the such requirements shall constitute cause for disconnection of utility service.

(4) Buildings with multiple meters shall have the meters located at one central point unless otherwise specified and approved by KPU. Each meter location shall be clearly marked by the building owner to indicate the load it serves.

(5) KPU will own, wire and maintain the necessary instrumentation transformers and meters. The customer shall be required to install the necessary instrumentation transformers to KPU’s specifications.

(b) Metering.

(1) Each premises, including such areas as trailer spaces, apartments, dwellings, etc., shall be metered and billed separately by KPU. The owner of the premises shall install individual service entrance equipment with sufficient capacity for the proposed installation, including provisions for attachments of KPU’s service conductors, and for installation of KPU’s meter except as may be otherwise approved by the utilities manager.

(2) At the owner’s request, and at KPU’s option, conversion may be made from master metering to individual metering. All service entrance equipment must be at least 100 amp and shall be subject to approval by KPU. Replacement of existing service entrance equipment must be with 200 amp equipment.

(3) Upon conversion from master metering to individual metering, all secondary and/or service equipment to the service entrance shall, upon approval of KPU, become the property of KPU which shall thereafter be responsible for maintenance thereof. (Ord. 1065 § 3, 1985)

11.04.220 Meter tests.

(a) KPU will make tests and inspections of its meters as are necessary to ensure a high standard of accuracy. A meter will not be placed in service or allowed to remain in service which has an error in registration in excess of two percent under normal operating conditions.

(b) A customer may, upon giving KPU not less than five working days’ prior written notice, require KPU to test the customer’s meter with the following actions to be taken by KPU:

(1) If a meter for residential service is found to be not registering or is registering less than 75 percent of the actual consumption under normal operating conditions, KPU may render an adjusted average billing to recover for the underbilling for a period not to exceed the three immediately preceding months.

(2) If a meter for commercial service is found to under-register greater than two percent of the actual consumption under normal operating conditions, KPU may render an adjusted billing to recover for underbilling for a period not to exceed the three immediately preceding months.

(3) If a meter is found to over-register greater than two percent under normal operating conditions, the customer’s past billings will be adjusted to provide a credit for an overbilling for a period not to exceed the six immediately preceding months.

(4) If a meter is found to register within the two percent tolerance referred to in subsection (a) of this section, a charge of $50.00 for the testing shall be paid to KPU by the customer.

(5) A report, stating the name of the customer requesting the test, the date of the test request, the date of the test, and the result of the test shall be provided to the customer within a reasonable time after completion of the test. (Ord. 1065 § 3, 1985)

11.04.230 Requirements for relocation, replacement or service upgrades of KPU facilities.

Subject to availability of load, materials and scheduling, utility services can be relocated, replaced or upgraded subject to the following provisions:

(a) KPU will replace its existing facilities if an increase in a customer’s load requires such upgrading of service capacity, and the customer pays all of the costs associated therewith.

(b) Upon compliance with, and subject to all of the terms, conditions and provisions of subsection (c) of this section, KPU will, upon request, perform and accomplish the following relocation, replacement or service upgrades:

(1) Requests for Three-Phase Service. KPU will install three-phase electrical service, provided three-phase distribution service is currently available in the requested area. In all other instances the provisions of Chapter 11.06 KMC, Utility Line Extensions, shall be applicable.

(2) Replacement of Overhead with Underground Facilities. The customer is required to provide all trenching for any replacement of overhead with underground facilities.

(3) Relocation of Customer’s Service Entrance Point. Relocation of a customer’s service entrance point will be made with only the appropriate service connect fee charged, provided no secondary distribution pole or other equipment is required. Where underground service is presently provided, service drop relocations shall not be made without special approval from the utilities manager.

(4) Requests for Relocation of KPU Existing Facilities. All requests for relocation of KPU existing facilities shall be submitted in writing to the utilities manager.

(c) Conditions. Performance by KPU of any of the relocation, replacement or service upgrade activities referred to in subsections (a) and (b) of this section shall be subject to all of the following conditions:

(1) The request is approved by KPU and is based on sound engineering practices;

(2) All necessary easements and rights-of-way are granted to KPU on such form as is provided or approved by KPU;

(3) The person requesting the relocation, replacement, or service upgrade obtains the approval of, and makes arrangements for, the transfer or relocation of any equipment owned by any other person or utility that will, or may be, affected thereby;

(4) Except as provided in subsection (c)(5) of this section, the person making the request pays in advance the total cost and expense to be incurred by KPU, including KPU overhead, less the salvage value of any KPU facilities that are to be removed.

(5) KPU may agree to pay or waive all or part of the cost amount due under subsection (c)(4) of this section for relocating existing KPU facilities if the utility manager or designee determines that the existing KPU facilities are inappropriately placed. The determination of the amount KPU may waive or pay and the appropriateness of the placement of the existing KPU facilities shall be made in the discretion of the utility manager or designee. The utility manager shall periodically report the amounts paid or waived under this subsection to the city council. (Ord. 1568 §§ 1, 2, 2007; Ord. 1065 § 3, 1985)

11.04.240 Fluoridation of city water.

The city of Ketchikan shall not engage in the practice of fluoridating its domestic drinking water. (Initiative Ord. 1220 § 1, 1991)

11.04.250 Water waste.

(a) The indiscriminate running of city supplied water for no reasonable purpose is prohibited.

(b) A person violating this section shall be punished as set forth in KMC 1.02.030.

(c) Violations of this section are grounds for termination of water service pursuant to KMC 11.04.080. (Ord. 1746 § 1, 2014)

For the electric, telecommunications, and water departments, see KMC 2.32.010. As regards to accounting for the electric, water and telecommunications systems, see City Charter § 8-1.