HomeMy WebLinkAboutbocc.res.106.2003 RESOLUTION OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONER
REGARDING THE HOLY CROSS ENERGY APPLICATION FOR A TRANSMISSION
LINE IN THE BRUSH CREEK VALLEY, INCLUDING APPLICATION FOR SPECIAL
REVIEW, AREAS OF STATE AND LOCAL INTEREST/1041 HAZARD REVIEW, SITE
SELECTION OF A MAJOR PUBLIC UTILITY, AND SCENIC REVIEW
Resolution No?-~J~--2003
RECITALS
1. Holy Cross Energy (APPLICANT) submitted an application for review by Pitkin County
requesting approval of:
· Land Use Code Amendment for the inclusion of "Essential public utility uses, facilities
and services" as a Special Review Use in the AFR-10 and RS-20/RS-30 PUD zones.
· Special review to locate a transmission line in the AFR-10 and RS-20/RS-30 PUD zone
districts within the Brush Creek Valley;
· 1041 Hazard review for areas and activities of State and Local interest/site selection for a
Major Public Utility
· Scenic Overlay Review
2. On May 6, 2003, the Pitkin County Planning and Zoning Commission (PZ) reviewed the
proposed application and forwarded a recommendation to the Pitkin County Board of County
Commissioners (BOCC) as follows:
· The Planning and Zoning Commission recommends a code amendment to section 3-210-
020, the Special Review criteria, stating that, "Essential public utility uses, facilities and
services shall be placed underground when reasonably possible and financially feasible."
· The Planning and Zoning Commission recommends denial of the Scenic
Overlay/Ridgeline Review, 1041 Hazard Review, Site Selection for a Major Public Utility
and Special Review for the proposed overhead transmission line, as it is contrary to the
goals and objectives of Pitkin County.
· In addition, the Planning and Zoning Commission strongly recommended undergrounding
of the transmission line altemative located along Brush Creek Road, and recommended that
the surplus cost of the underground alternative be divided proportionally as a surcharge
among Holy Cross utility users in the service area as depicted in Attachment A of the May
6,2003 staff packet and in accordance with the recommendations found in the report
submitted by the Center for Applied Research (Attachment C of the staff report) and
supported by the Pitkin County Chief Financial Officer (Attachment D of the staff report).
The Planning and Zoning Commission recommended conditions of approval to the BOCC.
SILVIA DAVIS PITKIN COUNTY CO R ~.~ 08/25/2003 02:41P
3. The BOCC reviewed the application on May 19~' 2003, at which time the BOCC approved at
first reading and public heating the proposed code amendment for essential public utilities to be
listed in the special review section of the RS-20 and RS/30 Zone districts. Second reading and final
approval for the code amendment occurred June 11, 2003.
4. The BOCC finds that the proposed overhead transmission lines would have a substantial impact
on the value of property in the area when considering the significant visual degradation that would
occur. The BOCC is particularly concerned with the impact that an elevated system may have on
Pitkin County public lands and easements.
5. The BOCC finds that the proposed overhead line will result in significant visual impact to the
rural character of the Brush Creek Valley and is not in compliance with the Scenic
Overlay/Ridgeline review criteria of the Pitkin County Land Use Code.
6. The BOCC finds that an underground transmission line located adjacent to Brush Creek Road
will avoid steep slopes more readily than the proposed overhead transmission alignment.
7. The BOCC finds that the application for overhead transmission lines does not meet the
standards and criteria of the Land Use Code relative to special review, 1041 areas and activities of
state and local concern and scenic overlay as noted in the staff memorandum dated May 19, 2003.
8. The BOCC finds that the proposed development for an overhead transmission line is not
consistent with the goals and objectives of the Down Valley Comprehensive Plan.
9. The BOCC and Town of Snowmass Village (TOSV) Town Council met on June 12, 2003 in
order in order to hear and discuss Holy Cross's presentation on the costs of underground
transmission lines and how the additional expense would be paid.
10. The BOCC finds that the conditions set forth in Exhibit A relating to repayment of the
underground cost differential and relating to construction issues on undergrounding, do not
unreasonably impair the ability of Holy Cross Energy to provide safe, reliable, and economic
service to the public. The BOCC finds that these conditions are necessary to assure those citizens
who will be benefited by the underground lines that the method of repayment will not be changed
without the approval of the jurisdictions that have mandated the improvements that necessitated the
repayment.
11. The BOCC further finds that the easement acquisition cost estimate of Holy Cross Energy
referenced in Exhibit A is sufficient only for the purpose of fixing a base cost for the Surcharge.
However, the BOCC further finds that the estimate obtained is not a full appraisal of the value of
easements and damage to the remainder that would be necessitated in the event an overhead line is
constructed. Acceptance of the estimated value is not an admission or evidence of the amount of
compensation to which Pitkin County will be entitled in the event that Holy Cross Energy needs to
condemn any property of Pitkin County for construction of an overhead transmission line.
SlLVIfl DAVIS PlTKIN COUNTY CO R 0.00 D 0.00
NOW THEREFORE BE IT RESOLVED BY THE PITKIN COUNTY BOARD OF
COUNTY COMMISSIONERS that the BOCC approves the application with the following
conditions:
1. The Applicants shall adhere to all conditions and material representations made in the
application herein.
2. Beginning with a location between the Roaring Fork River and Highway 82, the transmission
lines shall be placed underground in the existing underground easement adjacent to Brush
Creek Road, including the additional 20 feet of easement Holy Cross may need to acquire
adjacent to the existing easement. An overhead alignment is approved from the existing
transmission line across the Roaring Fork River as per the application. Prior to construction, the
applicant shall submit detailed information for County review and approval by the Community
Development Director on the exact location of pole placement, the course of overhead lines,
and proposed mitigation of visual impacts.
3. The differential between the underground costs and the overhead costs had the lines been
approved as applied shall be paid through a surcharge, as specifically described in Exhibit A
attached hereto and incorporated by this reference. The surcharge for the undergrounding of the
transmission lines approved in this Resolution shall be governed by the terms and conditions on
Exhibit A, and may not be changed without amendment of this Resolution.
4. In the event that the Town of Snowmass Village does not approve the terms and conditions in
Exhibit A, then the application for overhead transmission lines by Holy Cross is approved,
subject to the conditions of this Resolution other than those referenced in paragraphs 2 and 3
and Exhibit A.
5. Prior to submittal for any building permits, the Applicants shall record a 24 x 36 inch mylar
1041 Hazard Review Site Plan in accordance with Section 5-70-040 of the Land Use Code.
The site plan shall detail the specific alignment of the transmission line with all associated
easements. Community Development shall approve the site plan prior to recordation. Upon
approval by Community Development, the site plan shall be submitted in digital format for
integration into the County Geographic Information System (GIS) prior to submission of a
building permit.
6. Within one growing season of installation of the transmission line, Holy Cross shall revegetate
areas disturbed by the installation with native grass and seed mix. The Pitkin County Natural
Resources Department shall approve the mix. Prior to construction, Holy Cross shall provide a
financial guarantee in an amount acceptable to the County that will be returned upon
verification that ail required revegetation work has occurred.
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7. Holy Cross shall implement a weed management program to be verified and approved by the
County Natural Resources Department. The plan shall be submitted to and approved by the
County prior to construction.
8. Prior to construction, the Applicant shall provide a detailed construction schedule, showing
items of work, hours of operation and any anticipated late evening or weekend work, to be
approved by the County Engineer. Construction shall occur outside of elk migration periods.
Specifically, construction can occur between May 15 - October 15 and December 15 - March
31 only. Hours of construction will be limited to between the hours of 7:00 a.m. and 7:00 p.m.
Construction will be limited to Monday through Saturday. Construction shall not be allowed
on Sundays and/or holidays.
9. Prior to construction, the Applicant shall provide a detailed plan of access to the work site. If
temporary road(s) are required, the Applicant shall obtain a Temporary Access/Driveway
Development Permit from the County Engineer.
10. Prior to construction, the Applicant shall provide a detailed TralTlc Control Plan prepared by a
certified traffic control supervisor to the County Engineer. The plan shall include signing, work
zones and hours of operations. The county will reserve the right to limit the hours that flagging
operations may occur on Brash Creek Road.
11. Prior to construction, the Applicant shall obtain an Earthmoving permit for excavation activity.
12. The Applicant shall submit to the County Engineer a drainage and erosion control plan for any
development within 50 feet of Brush Creek.
13. The BOCC finds that the provisions of Section 29-20-108 C.R.S. apply to the application for Special
Review submitted by the Applicant.
14. The BOCC finds that Section 29-20-108 (5)(a) C.R.S. provides a mechanism for the Applicant to appeal
the terms and conditions of this Resolution to the Public Utilities Commission as follows:
"If a local government denies a permit or application of a public utility or power authority
that relates to the location, construction, or improvement of major electrical or natural gas
facilities, or if the local government imposes requirements or conditions upon such permit
or application that will unreasonably impair the ability of the public utility or power
authority to provide safe, reliable, and economical service to the public, the public utility
or power authority may appeal the local government action to the public utilities
commission for a determination under section 40-4-102, C.R.S .... "
15. The BOCC finds and acknowledges that efforts to implement the terms and conditions of
this Resolution will not be considered a waiver of the Applicant's rights to seek an appeal
under the auspices of Section 29-20-108 (5)(a) C.R.S.
SILVIA DAVIS PITKIN COUNTY CO R 8.00 O 0.88
APPROVED AND ADOPTED ON THE/J~DAY OF (/fl~ 2003.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
,,~~~ ~ ) PITKIN COUNTY, COLORADO
Deputy Clerk e
APPROVED AS TO FORM:
Co~mey County Manager
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
Case # P036-03
PID# 264332200001
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5ILVIA DAktI,q, pITKIN cOUNTY O0 R 0.00 O 0.00
EXHIBIT A (Resolution No(~2'~03)
Exhibit A to Resolution/Conditions relating to undergrounding of transmission lines.
1. This Exhibit A sets forth the terms and conditions for repayment of the locally
mandated facility changes in connection with the Holy Cross Energy (herein "Holy
Cross") applications to Pitkin County and the Town of Snowmass Village
(collectively herein "Governments"), for transmission lines and a new substation
(herein "Facilities") to provide electricity to the Town of Snowmass Village, and
areas of the County including Owl Creek and Brash Creek.
2. The parties agree that the Holy Cross Extension Policy, Section 6, titled, Local
Government Mandated Facility Changes (herein "Policy") will be used to repay Holy
Cross for the additional construction cost associated with Governments orders to
construc~ such Facilities underground, in lieu of advance payments normally required
by Holy Cross to finance such Facilities. The Policy and other Holy Cross Rules and
Regulations (on file with Holy Cross and the Governments) as they presently exist
shall govern the surcharge procedures. These current roles and regulations, and the
Policy, are included as Exhibit A-2, which is on file and available for inspection with
the Pitkin County Clerk and Recorder's Office, and will be recorded as part of this
Exhibit.
3. The surcharge is an additional monthly amount or charge to be added to the electrical
billing sent by Holy Cross to consumers or customers of energy within a surcharge
boundary (herein "Boundary) as a special assessment to cover the additional
mandated construction costs of Facilities, as described in the attached Policy.
4. The Boundary is depicted in Exhibit A-l, incorporated herein by reference, and the
surcharge shall be applied to all present and future Holy Cross customers located
within the Boundary. The Boundary shall be changed whenever necessary to reflect
any annexations of property not within the current Boundary into the Town of
Snowmass Village, so that all Snowmass Village residents will be included within the
Boundary. Holy Cross also reserves the right, if necessary, to alter the Boundary in
and around, and outside, the existing Boundary identified on Exhibit A-l, because of
other municipal annexations. Other changes in the Boundary require the consent of
the Governments.
5. The surcharge shall be based on the following:
a. The estimated base cost of the overhead alternative totals $4,452,500. 110% of
the base cost of the overhead alternative ($4,897,750) shall be subtracted from
the Project Cost of the underground alternative to establish the Escalated Cost of
the underground alternative to be included in the surcharge. The Project Cost
includes the cost of acquiring necessary property rights, permitting and licensing,
engineering, site preparation, construction, and retirement of existing facilities, if
any, as defined by Holy Cross practices and related industry standards.
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SILVI~q DI~VIS PITKIN COUNTY CO
b. At such time as Holy Cross has completed the final accounting of the Project
Cost, such shall be provided to the Governments. Implementation of the
surcharge by Holy Cross will be as provided for in the Policy.
c. The Escalated Cost portion of the surcharge shall be amortized over the life and
at the interest rate of the loan obtained to finance the construction of the
Facilities. Holy Cross anticipates obtaining its permanent financing for the
Facilities after construction is completed, and intends that the costs shall be
amortized over thirty-five years.
d. The surcharge may also reflect other costs, if any, as provided for in the Policy.
Such costs will be based upon certain incremental underground costs as
compared to costs for the same categories associated with Holy Cross' typical
overhead transmission lines.
e. The surcharge shall be based upon revenue and calculated in the same manner for
all customer categories and classes of service within the Boundary. Holy Cross
shall compute the surcharge based upon the ratio of each customer's prior annual
payments as a proportion of the total prior annual revenues from customers
within the Boundary.
f. In the event that customers within the Boundary elect to form a district and wish
to make a non-refundable contribution to reduce the Escalated Costs, or if a
government jurisdiction or any other person or entity would make a non-
refundable contribution, Holy Cross agrees to accept the said contribution and
reduce the net financing impact on the surcharge.
g. Holy Cross may adjust the sumharge to reflect differences, positive or negative,
between the annual surcharge actually collected and the projected surcharge, and
between estimated and actual costs, as well as any reductions in the Escalated
Costs from non-refundable contributions or otherwise, as provided above.
6. Holy Cross will cooperate with Pitkin County to integrate into this project a design
for the Brush Creek Bike trail to realize economies, if any, which could result from
joint constructiom All costs associated with, or created by, the bike trail construction
shall be borne by Pitkin County and any other entities, such as Great Outdoors
Colorado, that may choose to contribute funding. After the design of the Facilities
has been completed, if it is determined that the overlay of the bike path on any part of
the Facilities has increased the construction costs of the Facilities, such increase shall
be paid in advance, by the Governments, and shall not be included in the surcharge
under the Policy.
7. All revenues received by HCE from the surcharge shall be free of taxes and franchise
fees of the Governments unless otherwise required by state law. Franchise Fees may
be adjusted to account for Sales Tax.
8. The approved location for the Facilities shall be a sixty foot (60') easement inclusive
· of the existing forty foot (40') Holy Cross underground right-of-way, where possible,
within the Brush Creek Valley. Pitkin County cannot agree to convert any of its open
space property interest to non-open space uses, such as this transmission line. To the
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SILVIR DAVIS PITKIN COUNTY CO R 0,00 O 0.00
extent that any new easement must be obtained through such Open Space, Pitkin
County recognizes that Holy Cross has the power to condemn.
9. Holy Cross and the Governments agree that joint use of the bike path and Facilities
create problems for the parties. The parties further agree that the design and
construction of the bike path shall minimize the impacts on the maintenance and
operations of the Facilities and the parties agree to establish a working agreement (as
an alternative to Holy Cross' standard License Agreement) that will resolve the
following issues:
a. The process of notification of activities within the easement by Holy Cross
and/or the Governments; and
b. Minimization of damage to the bike path and Facilities during activities by Holy
Cross and/or the Governments within the easement; and
c. All costs associated with future repair and/or replacement of any portion of the
bike path shall be treated as an exceptional operating and maintenance expense
by Holy Cross as provided for in the Policy; and
d. Establish a less burdensome approval process for activities by Holy Cross and/or
the Governments within the easement; and
e. The Governments acknowledgement of the presence of the high voltage facilities
and liability issues.
10. Both entities of the Governments and Holy Cross agree and acknowledge the need for all
parties to approve this Exhibit A as part of the Governments review and approval process for
the part of the facility expansion that is within its jurisdiction. In order that this Exhibit A
shall become effective Government must include this Exhibit in their respective Resolutions.
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EXHIBIT A-1
SNOWMASS TRANSMISSION SYSTEM
SURCHARGE BOUNDARY
Page: g of 3g~_.
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S~LVZ~ D~VZS P~TKZN COUNTY CO ~ ~,~ D ~,~
EXHIBIT A-2
Currently available for inspection in the Pitkin
County Clerk and Recorder's office
And
To be recorded in the Pitkin County Clerk and
Recorder's office
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Cross Electric Association, Inc. Colo. I'UC No.
n~me o! utility Second Revised Sheet No. 22
~:" Cancels ~ ..Sheet No. 22
Rt~vlscd
EXTENSION POLICY
Rulc~, Rcgul~tion! or Extcn~'io~ ~'oJicy
The failowing distribution system line extension policy is available
the entire service area of the Association.
1. GENERAL PROVISIONS N
The provisions of this policy are subject to the applicable Rules and
Regulations of the Public utilities commission of the State of Colorado
and to the Association's Rules and Regulations on file with the Public
utilities Commission.
a. T~e Association will provide electric service to all qualified
applicants within its service area.
b. In order that existing consumers not be adversely affected through
service or rates, the investment necessary to serve each applicant
must be justified on the basis of expected revenues or other monetary
guarantees.
c. W~en one or more applicants request electric service to premises not
connected to the Association's distribution system or request an
increase of existing service to premises already connected and where
such increase necessitates an additional investment, the Association,
after consideration of the Applicant's electric requirement, will
designate the service requested as being Permanent, Indeterminate,
or Temporary in accordance with the definitions hereinafter set forth
in Section 2, Service Classifications.
i! d. The investment or cost of the line extension shall be the total of
all necessary expenditures including, but not limited to, primary
a~d secondary distribution facilities, right-of-way, meters and
metering equipment, transformers, and any other necessary facilities.
~ made only
- e. Extensions of the Association's distribution system will be
_.~.~ on right-of-ways acceptable to the Association and shall be built
within a reasonable period of time after application for service has
line
been made by the Apolicant and all recuirements of the applicable
extension policy and other Rules and Regulations of the
-~""o Association have been met.
~ f. Location of the extension origin and the route to be
~z followed in the construction of an extension shall be /~
~-~ determined by the Association. Based upon various !"~
~ considerations, the origin point need no~ necessarily
be the poin~ on the existing distribution system most
~ proximate to the Applicant's premises, nor the route ~ ~ ~ _
~ selected be the shortest distance between the origin q;~ . -~ ~,~
~ and the delivery point.
Cross Electric Association, Inc. Colo. I'UC No. 2
n,mc of u611ty Original Shcct NO. 22a
C. anccls Shcct No. .
EXTENSION POLICY
Rules, R¢iulsdons or Ext~nsio~ policy
1. GENERAL PROVISIONS (continued)
g. In situations where line extensions are constructed on poles used
jointly with another utility, the investment chargeable to the
extension shall be determined as though the necessary facilities were
to be entirely constructed by the Association, without regard to the
actual.ownership of the jointly-used poles.
h. At the option of the Association, the contract for service may includ~
a service charge in addition to the applicable rr~nthly minimum when
justified, far extraordinary operations and maintenance of facilities
built specifically for the Apmlicant or by reason of the nature or
location of the load being served.
i. At the option of the Association, a construction advance of not less
than $150.00 will be required prior to preparation of any engineering
estimates in situations where the use of or the permanency of service
is in doubt. Such advance will be held pending preliminary engin-
eering studies and investigation. The advance will be refunded once
service is being utilized by the Applicant. In the situation where
the Applicant does not contract for service within ninety (90) days
after the completion of the engineering studies and investigation,
the construction advance minus costs incurred by the Association in
preparing the engineering studies and investigations will be refunded
to the Applicant.
j. The Association reserves the right to approve all locations for trans-
'formers, meters, or other electrical equipment. In the situation
where the location is unacceptable because of inaccessibility due to
terrain, buildings or any other obstructions, or other operational
considerations, the Association shall refuse to make service (other
than temporary) available to the Applicant until such time that an
acceptable location to b~th parties can be attained. It is the obli-
gation of the Applicant, prior to electrical design, to seek and
receive such location approvals from the Association.
2. SERVICE CLASSIFICATIONS
For the purposes of extension of facilities, services shall
be classified as Permanent, Indeterminate, or Temporary.
a. "PERMANENT SERVICE" shall be construed to mean service
to residential, commercial and farm consumers when the
use of service, both as to amount and permanency, can
be reasonably assured. .: --- >_ .~
b. "INDETERMINATE SERVICE" shall be construed to mean .
service to mining, industrial, m~nufacturing, commerci~ , ',.
Cross Electric Association, Inc. C01o~I)UC No._ 2
ri,me o! udtity 0rigina]. Shcc~ No.__ %~b'__.~
_Sheet No._
Cancels_
EX~'ENSION POLICY
Rules, Rc~uluion* or Extension Policy
SERVICE CLASSIFICATIONS (continued)
b. "INDETERMINATE SERVICE"... (continued)
enterprises or speculative purposes, real estate subdivisions and
developments, enterprises where the Applicant will not be the user
of service; also to residential, commercial, and farm consumers where
the amount and permanency of service cannot be reasonably assured.
c. "TEMPORARY SERVICE" shall be construed to mean service to consumers
whose period of usage is expected to be less than eighteen (18) months
except for heavy construction projects which may require service for
a known period longer than eighteen (18) months.
PERMANENT SERVICE LINE EXTENSIONS
The Association will extend service of this class to Applicants upon the
following terms and conditions.
a. The Applicant will enter into a contract with the Association for
electric service at the applicable rate schedule-
b. The term of the contract shall not be less than ten (10) years for
new construction. If consumer served under contract ceases to use
service, any subsequent applicant for service at the same premises
will.be required to assume the obligation of said contract.
of the
c. The Applicant will guarantee the Association a minimum bill
higher of the following charges:
1~) The minimum specified in the applicable rate schedule.
2.)The transformer capacity charge specified in the applicable
rate schedule.
3.)Two and one-half percent (2.5%) of the construction cost of the
line extension per month.
d. The expected annual revenue shall be estimated by the
Association at the time the application for extension
is made and will be based on the Applicant's descrip-
tion of proposed usage and the utility's experience
with other consumers of a similar nature.
e. In the event that the annual expected revenue exceeds
the guaranteed minimum bill as provided above in "C ..... .-.
the extension shall be built at no cost to the Appli-
cant. ~.~
BL~tuxo ol l~uLn~
~:.1~ ~, ~rt~)l.,~ ~,~n June 7, 1976
· ross Electric Association, Inc. C01o. i'UC No._
nlmco[udli~ original .Sheet No._ 2.2c_~
Cancels_ _Sheet No ....
EXTENSION POLICY
~uj~l,K¢~ulat[onsOrI~xtenilon Policy
3. PER~NENT SERVICE LINE EXTENSIONS (continued)
f. In the event that the annual expected revenue is less than the guar-
anteed minimum bill as provided above in "C", the Applicant shall make
a contribution equal to the difference between the actual investment
cost and the amount of the justified investment (justified investment
shall be defined as the annual expected revenue divided by 30%).
g. Should a contribution be required of an Applicant, the Applicant
may at his option, be classified as indeterminate and finance the
extension as described in Section 4, Indeterminate Service Line
Extensions.
h. When more than one Applicant is to be served from a proposed extension
the Association will pro-rate the cost of those sections of the exten-
sion used in common to each affected Applicant.
i. In the case where the Applicant is not the owner of the premises to
be served, the owner shall be required to siqn the contract for
electric service as either principal or as surety for the Applicant.
j. Since the Association's rates and tariffs are based on investment in
overhead facilities, if underground facilitie~ are installed either
at the consumer's request or because of othe~ requirements, a con-
tribution in aid of construction not subject to refund will be
required by the Association- The amount of the contribution in aid
of construction will be the actual cost of the underground facilities
installed less the estimated cost of the equivalent, overhead facilitie~
4. INDETERMINATE SERVICE LINE EXTENSIONS
The Association will extend service of this class to Applicants upon the
following terms and conditions.
a. The Applicant will enter into a ten (10) year contract with the
Association for electric service at the applicable rate schedule.
b. The Applicant will make a non-interest bearing con- f
struction deposit prior to the start of construction
equal to the estimated cost of the proposed facilities. .'-? ~'~
Such cost and construction deposit will be adjusted to I/'.:
reflec~ the actual cost of the line extension. Request _
for an additional deposit or refund of an excess deposi ....
will be made within a reasonable time after the comple-
tion of the line extension construction.
,~vtce Lotto, No.a ~~~ I ssuo Dote A~r_iI 30. 19_76.
Cross Electric Association, Inc. C010.1'UC No. 2
n~me o! udlJW Original Sheet N0. 22d
C..~n cels Sheet No. .
EXTENSION POLICY
Rules, Rc~ul~6onl or £xcch,ion
4. INDETERHINATE SERVICE LItlE EXTENSIONS (continued)
c. Since the Applicant will have borne the entire capital investment cost
the Association will be relieved of certain costs and therefore a
certain portion of any revenues derived from such extension shall be
available for refund to the Applicant. The Applicant will be eligible
for refunds of portions of revenues derived from the extension at the
end of each calendar year of the ten-year development period. The
amount available for refund each year will not exceed one-tenth of
the original construction deposit, excluding any contribution in aid
of construction. Any portion of the eligible one-tenth not refunded
shall revert permanently to the Association.
d. The amount refunded will be calculated on the basis of 20% of the
annual revenue derived from the extension. Such refunds shall be
made within ninety (90) days after the end of the calendar year.
e. The Association may, at.its option, at any time declare an "Indeter-
minate" classification to have become "Permanent". It will then
return to'the Applicant all of the funds remaining eligible for
refund and teI-minate any further annual refunds.
f. In the case where under%'round facilities are installed either at the
consumer's re%uest or because of other requirements, a contribution
in aid of construction not subject to refund will be required by
the Association. The arount of the contribution in aid of construc-
tion will be the actual cost of the underground facilities installed
'less the estimated cost of the equivalent overhead facilities.
g. fn the event a service extension is requested for real estate sub-
divisions and developments, the following terms and conditions will
apply in addition to those heretofore established:
1.) The Association will install, own, maintain and operate the
electric distribution system to and on the real estate sub-
division and development. The'layout, general design, and
capacity of the system shall be determined by the Association.
2., The Association will provide service to Applicants. /~,$ '"x
within individual lots by separate service agree- ~]~ ¢~]
merit between the Association and the Owner of each ~? . ~
lot in accordance with established line extension ~_~(~
policy and Rules and Regulations of the Associa- :. ~! tO~' t~
tion for such service. J:. -!
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 O 0.00
Advtco Le~o~ Ho. 8 ~suo D~to April 30, 1977
":. ~:: Colo. i)UC No. 2,
-.~ro Electric Association~ Inc. Oriq. inal Shcct No. 22~L_
~nccls~ Sheet
-
~:. E~ENS ION POLICY
~- ' S (conUinued)
~'~ 4. INDETE~HINATE SERVICE LINE EXTENSION .
'~'7" 3.) The developer will provide to the Association, a County approved
and filcd plat of the developmcnt showing the location of lots,
streets, alleys and utilities, existing or planned.
4.) The Developer will provide pe~anent right-of-ways and ease-
ments accept~le to the Association for the construction,
operation and maintenance of the system.
5.) Prior to the start of construction, the Developer will establish
the permanent rough grade and provide an on-site location of
any property corners and bo~dary lines as required by the
Association.
5. TEMPO~RY SERVICE LI~ E~ENSIONS.
The Association will extend service of this class to Applicants upon the
following te~s and conditions provided that if in the opinion of the
Association the furnishing of such se~ice will not work an undue
hardship u~n it or its existing cons~ers.
a. The .Applicant will enter into a contract with the Association for
· ., electric service at the applic~le rate schedule.
b. The Applicant will be required, prior to the start of construction,
to ~ke a non-refund~le contribution equal to the estimated cost
-of the proposed facilities plus the estimated cost of removal of
said facilities less tke salvage value of reus~le ~terials.
/'.'~
gS/25/2g~3 g2:41P ". ~,
SZLVZ~ D~V;S P[TKZN COUNTY CO R ~.~ D ~.~ -~ ~>,
HOLY CROSS ENERGY 1" Revised Colo. PUC No. 2
Name of Utility Sheet No. 22f
Cancels Oriqinal Sheet No.
EXTENSION POLICY
Rules, Regulations or Extension Policy
6. LOCAL GOVERNMENT MANDATED FACILITY CHANGES
A. Purpose. The purpose of this regulation is to provide an alternative, which may
be used solely at the discretion of the Association, in the event a Local Unit of
Government shall by mandate require the Association to construct its electrical
facilities within said Local Unit of Government's jurisdiction in a manner, or
using a design or configuration, or at a location, or over a designated route,
that is at variance with, and more expensive than, the manner, design,
configuration, location or route by which the Association would ordinarily be
entitled to construct such electric facilities in order to meet its legal
obligation to serve its customers in a safe, reliable, and economical manner. If it
were not for this regulation, the Association would have no alternative but to
charge, in advance, the Local Unit of Government with the extra cost of
constructing or locating the facility as mandated.
B. Leqal Standards for Facility's Construction and Location. Whenever the
Association, in order to meet its legal obligation to serve its customers within its
service territory, shall be required to locate and construct a distribution or
transmission facility, such obligation is fulfilled by construction of overhead
facilities, using a design and configuration that is discretionary with the
Association, over a route that is reasonable and economical, considering the
origin of the connection to the existing power source and the ultimate destination
of the facility to meet the needs ofthe Association's consumers. If the
Association is required to construct substation facilities, it is deemed to have met,
its legal obligation by the construction of an outdoor air insulated, visible,
electrical equipment area which usually includes, but is not limited to, a high side
buss, a substation transformer, and a Iow side buss, together with a control
building, all of which is usually located within a secure, fenced enclosure.
Whenever a Local Unit of Government demands, orders, or otherwise requires,
the Association to construct electric facilities, which deviate from those described
in this Section 6.B., this regulation may, at the discretion of the Association, be
used to provide an alternative method of financing for the Local Unit of
Government.
C. DefinitionofTerms. The definition ofterms used in this regulation shall be
consistent with their general usage in the electric industry unless specifically
defined by Colorado statute or this regulation. Unless the context clearly
indicates otherwise, the following definitions shall apply:
1. Local Unit of Government. The term "Local Unit of Government" shall
mean any city, town, county, or other municipal or quasi-municipal
corporation, special district, taxing district, or statutory district. The
term specifically includes, without limitation, any local improvement
district created pursuant to Article 8 of Title 29, Colorado Revised
Statutes.
Page: 17 of 39
0&/25/2003 02:4tP
SILVIR DI~VI$ PITKIN COUNTY CO R 0.00 O 0.00
Advice Letter No. DR31 Issue Date May 20, 2003
Decision or Signature of Issuing Officer
Authority No. Chief Executive Officer Effective Date lune 28, 2003 74
Tide
/!
HOLY CROSS ENERGY 1" Revised Colo. PUC No. 2
Name of Utility Sheet No. 22q
Cancels Oriqinal Sheet No.
EXTENSION POLICY
Rules, Regulations or Extension Policy
2. Mandate or Mandated. The terms "mandate" or "mandated" mean any
enactment by a Local Unit of Government, including, but not limited
to, an ordinance, resolution, initiative petition, or referendum,
ordering, directing, or requiring the Association, either specifically, or
generally as a part of a class, to construct, configure, locate or route
electrical facilities in a manner other than what would ordinarily be
required of the Association to fulfill its legal obligation with regard
thereto. The term may also include an ordinance, resolution,
initiative petition, referendum, or any other enactment, which is the result
of negotiations between a Local Unit of Government and the
Association by which the Association agrees to vary, or deviate from, its
legal obligation to construct or locate electrical facilities in order to
bring about a compromise with regard to the construction or location
of such electrical facility or facilities, which variance or deviation is
initially requested by the Local Unit of Government. I'--
3. Surcharqe. The term "Surcharge" shall refer to an additional monthly
amount or charge to be added to the electrical billing sent by the
Association to an individual consumer or customer of the
Association as a special assessment to cover the additional mandated
construction costs of facilities as described in this regulation.
4. Surcharqe Annual Adjustment. The term "Surcharge Annual Adjustment"
shall refer to the difference, positive or negative, between the annual
immmmm >-
Surcharge actually collected by the Association and the annual ,~,m.~
projected Surcharge. ''m'm'm8
mlmmmm Z
5. Project Cost. The term "Project Cost", as used in this regulation, shall
mean the total cost of any project which the Association shall elect to
construct under the provisions of this Section 6, including, but
without limiting such thereto, the cost of acquiring necessary property
rights, permitting and licensing, engineering, site preparation,
construction, and retirement of existing facilities, as defined by
the Association's practices and related industry standards.
6. Escalated Cost. The term "Escalated Cost", as used in this regulation,
shall be the Project Cost less the Association's estimated
cost for the proposed project, if the project was constructed
in a manner that would meet the Association's legal obligation for
construction and location of the project. The Escalated
Cost associated with underground projects shall consider the
estimated cost of an equivalent overhead facility that could be
constructed along the same or similar right of way.
Advice te~ter No. DR31 Issue Date May 20, 2003
Decision or Signature of issuing Officer
Authority No. Chief Executive Officer Effective Date June28, 2003
Title
HOLY CROSS ENERGY Original Colo. PUC No. 2
Name of Utility Sheet No. 22h
Cancels Sheet No.
EXTENSION POLICY
Rules, Regulations or Extension Policy
7. Fixed Cost Factor. The term "Fixed Cost Factor", as used herein, shall
mean the annual costs associated with maintaining, operating and
protecting the Association's electric facilities, expressed as a percentage,
which include the following:
a. Operations and Maintenance
b. Administrative and General
c. Depreciation
d. Interest
e. Insurance
f. Property Taxes ,**~°~ ..
g. Margins
The Fixed Cost Factor will be reviewed annually and the Association, at its
sole discretion, may make alterations to the factor. I'--
8. Cost Recovery Factor. The term "Cost Recovery Factor' means a
percentage, to be annually determined by the Association, used to
recover extraordinary costs related to a mandated project under this ~,
Section 6, which will allow the Association to recover the stranded costs
of a mandated project, including, but not limited to, removal of existing
facilities, and exceptional operating and maintenance expenses resulting
from the mandated project. The percentage shall be determined by
totaling the extraordinary costs, annually determined, and dividing such
by the Escalated Cost. The Cost Recovery Factor will be reviewed annually ~.
and the Association, at its sole discretion, may make alterations to the
factor'
D. Discretionary Application of this Requlation 6: The Association, at its
discretion, reserves the right to require payment for government
mandated facility changes, enhancements, or relocations as permitted by
law or any other rate, rule, or regulation of the Association, regardless of
anything stated in this Regulation 6. In addition, the Association shall
only proceed using this regulation for mandated facility changes if:
1. The Project Cost with respect to a mandated project exceeds one
hundred ten percent (110%) of the original proposed project
cost; and
2. if the Association determines, at its sole discretion, that to
proceed under this Regulation 6 would not have a negative
financial impact on the Association.
Advice Letter No. DR31 /~"-'/J--~ Issue Date May 20, 2003
Decision or Signature of Issuing Officer
Authority No. C'n±ef Exec~:l:±~re O~f~.cer Effective Date lune 28, 2003 //~'
Title
HOLY CROSS ENERGY Original Colo. PUC No. 2
Sheet No. 22i
Name of Utility Cancels Sheet No.
EXTENSION POLICY
Rules, Regulations or Extension Policy
E. Surcharqe Procedure: If the Association determines that a mandated project
should be Surcharged, the customers to be surcharged, and the calculation
thereof, shall be determined as follows:
1. The total annual Surcharge shall be equal to the Escalated Cost multiplied by
the sum of the Fixed Cost Factor and the Cost Recovery Factor adjusted by
the previous years Surcharge Annual Adjustment. No Surcharge Annual
Adjustment will be made in the first year.
2. When a contribution to the Escalated Cost is paid in whole or in part by a
Local Unit of Government, or a third party, such payment shall only be
credited against the interest component of the Fixed Cost Factor. The
remaining components of the Fixed Cost Factor and the Cost Recovery Factor
shall apply to the Surcharge.
3. The grouping of consumers to be surcharged, shall include each consumer
receiving service within the boundaries of the Local Unit of Government
mandating the project that results in the imposition of the surcharge.
Provided, however, the Association, at its sole discretion, may alter the
surcharge area within the Local Unit of Government boundary, if any or all of
the following conditions exist:
a. The project covers multiple governmental boundaries;
b. Unfavorable financial, or other impacts to the Association or its
consumers results from imposition of the Surcharge on a smaller or larger
grouping of consumers;
c. Certain consumers, who do not receive service from the project facilities,
nevertheless receive a visual, property enhancement, or other benefit from
the mandated change;
d. The Association determines that fairness would result from surcharging a
larger or smaller grouping of consumers;
e. If the Local Unit of Government identifies an alternative boundary.
4. The Surcharge shall be calculated in the same manner for all customer
categories, and classes of service within each defined boundary. The
Association shall determine if the tariff Surcharge, within a boundary, will
be a flat charge per customer, or an energy use rider, or a revenue-based
rider, or a combination thereof.
Page: 20 of' 39
08/25/2003 02:41P
SILVIA DAVIS PITKIN COUNTY CO R 0.0~ El 0.00
Advice Letter No. DR31 J~"~--~'~ ISSue Date May 20, 2.003
Decision or Signature of Issuing Officer
Authority No. Chief E~ect~:J. ve ofF±ce: Effective Date lune 28, 2003
Tide
HOLY CROSS ENERGY Original Colo. PUC No. 2
Sheet No. 22i
Name of Utility Cancels Sheet No.
EXTENSION POLICY
Rules, Regulations or Extension Policy
5. The amount of the Surcharge to be imposed on each customer shall be
determined by dividing the total annual Surcharge amount by one of the
following:
a. The number of customers divided by 12, as of December 31 of the
previous year, within a particular surcharge boundary area; or
b. The amount of the prior year's annual kilowatt hours within a particular
surcharge boundary area; or
c. The amount of the prior year's annual revenue received by the
Association within a particular Surcharge boundary area; or
d. Any combination of a, b or c above.
F. Billinq of Surcharqes. Surcharges may be billed beginning thirty (30) days
after completion of construction. For long-term projects involving multiple
phases, billing will begin thirty (30) days after completion of each phase, as
designated by the Association. Surcharge billing will continue for the useful
life, as reasonably determined by the Association, of the facilities to which each
surcharge applies.
G. Cumulative Surcharqes. Surcharges shall be cumulative. Each additional project
to which this regulation applies will result in an additional Surcharge to
customers who are determined by the Association to be a customer to be
surcharged from the additional project.
H. ReducinqorEJiminatinqSurcharqes- The Association reserves the right to
reduce or eliminate the Surcharge provided for in this regulation.
Page: 21 of 39
08/25/2003 02:4].P
SILVER D~qVIS PITK'rN COUNTY CO R e.ee D 0.oe
Advice Letter No. DR31 .,~::~~--~~ Issue Date May 20, 2003
Decision or Signature of Issuing Officer
Authority No. Ch.±el E×ect~_±ve Off±cer Effective Date lune 28, 2003 ._~/
Title
name of utility C~ ~ rl~:] Sheet No. ;~3
Cancels Sheet No.
Rules, Regulations or Ex:ension Policy
Idle gervice~ ;~oltcy:
Applicatiou:
Applicable to all classes of el,,ctric service.
Idle ServiceS:
In order for electric service facilities to bo ~aiutaincd to ~'ny
premises, ~he owner of such premi:~eu, or any other interested
must pay the applicable minim~ ch;.~rge.
If the applicable minimum cha~-geu ~re not i. uid ~1'. electric service
i.~ te~!nated, the Annociatton m~y at i~s o?tion retire or
such of the po%~or factlitto~ as m:~y b,~ desirable. If at
date the o%,~er wishes tho facilities re-installed, such ~'cinstallztio~
shall be ~ade only upon pUOi;~rlCil~ Of the COSt Of the :'el:legalization
of the ne~ facilities.
%~en electric powex' facilitie~ b~.c:-me idle to any . rcni~es,
tf he wishes to have tho electric f~ci!itie~; rennin aw~il~blu,
will bo necessary that the ~l?!icoblu n:il~iz~ chacgc be ko!:t
currently paid.
-~. This policy iu not intended to a}?.;~ly in c~ses o~' tem3.or~vy dis-
contlnu,~xce of so,-vice pl'ovided th~=t yearly p~.yments ~'or electric
SILVI~ O~VIS PITKIN COUNTy CO 08/25/2003 02:41P
R e.ee D e.ee
Decision or "~ / ,~i{natLt~e of Issui~ Office~
Authority No. Man~erTifle Effective Date Dec. 21~
Colo. PUC No. 2
HOLY CROSS ENERGY. 4'h Revised Sheet No. 24
Cancels 3'* Revised Sheet No. 24
Rules, Regulations or Extension Policy
POLICY CONCERNING CONNECTION, RECONNECTION & COLLECTION CHARGES
Aooiicat on:
Applicable to all classes of electric service.
General:
A charge shall be made for all calls to the consumer's premises for connects, reconnects, collection, outages
caused by the failure of consumer's equipment, or any other call which the consumer requests which is not
necessary for the efficient operation of Holy Cross Energy (HCE).
The charges for the above described services shall be as follows:
Connect / Transfer Service, Premise Visit Required 5 25.00
5 10.00
Express Transfer Service, no Premise Visit Required 5 75.00
After Hours Connect Fee
investigation and Resealing of self connected and services 5 75.00
Regular service hours of HCE are Monday through Thursday, 7:00 A.M. to 4:00 P.M.
Friday, 7:00 A.M. to 3:00 P.M.
POLICY CONCERNING PAYMENT OF BILLS
Apolication:
Applicable to all classes of electric service.
Bills are due upon receipt, PAST DUE in twelve (12) days. Bills unpaid thirty (30) days from the PAST DUE date
are subject to a Late Payment Fee. A NON PAYMENT Personal Contact Service Fee will be charged for the HCE
attempts to contact prior to interruption of service. 5 5.00
Late Payment Fee, per account 515.00
Personal Contact Service 525.00
Premise Visit
POLICY CONCERNING SURCHARGE OF SPECIAL TAXES
Aoolication:
Applicable to all classes of electric service.
Policv:
HCE reserves the right to surcharge or pass-on any tax or assessment which may be levied against HCE by any
governmental authority whether such tax or assessment is based on revenues, consumption level, meters,
consumers or any fiat rate. Such surcharge shall be made to all consumers who purchase energy within the
boundaries of such governmental authority.
POLICY CONCERNING FOREIGN AND RETURNED CHECK CHARGES
Applicable to all classes of electric service.
SILVII~ DI~VIS PITKIN COUNTY CO
PoliCy:
Consumers having payments returned to HCE marked "Insufficient Funds, Short Check-Do Not Redeposit, or
Account Closed", will be charged a NSF Processing Fee. 510.00
First instance, per check 525.00
Second instance within 6 months, per check
Any fee charged to HCE by its bank for processing a check drawn against a foreign bank shall be charged back
to the consumer's account.
Issue Date seotember 8, !002
Advise Letter No. DR]0
Decision or Signature of Issuing Officer
Authority No. Chief Executive Officer Effective Date February 1,200
Title
HOLY CROSS ELECTRIC ASSOCIATION, INC. Colo. PUC,o." 2
:*mc o! ~r, li~ 3rd Revised .Shce~ No.__ 25
C~nccls 2nd Revised Sheet No. 25
BUDGET BILLING PLAN
Ru~s,R¢~ullrlo.~ or E~cnsiom Pof£c~
Application:
Applicable to all single dwelling residential service consumers of the
Association. Specifically, excludes all multiple dwelling service consumers
billing under Association Rate Codes E and J.
Purpose:
~i~ provide a method for eligible residential consumers to minimize the impact
of large seasonal utility bills by billing an appropriate level monthly budget
amount subject to the terms and conditions set forth below:
Budget Billing Plan:
Any elzglbLe reszaential consumer'electing the Budge= Billing Plan shall pay a
monthly amount equal to a minimum of 1/10th of the total of the consumer's most
recent twelve (12) months billing history, adjusted to ~eflect the current rate
schedules in effect. Such monthly payment shall be made for eleven successive
months after enrollment with the final, or twelfth month's payment, being a
settlement amount equal to the differences between the total payments made
during the budget year and the actual billings for such budget year. Upon
request, a refund will be made to the consumer for any credit balance of the
settlement amount.
'To be eligible for participation in the Budget Billing Plan, the following
conditions and requirements must be met:
A.) Annually, consumers must indicate, in writing, their desire to partici-
pate in such plan. Eligible participants may enroll at any time during
the year.
B.) The consumer shall, prior to enrollment, have received service at the
same billing location for a period of twelve (12) consecutive months or
more and such account shall have not been delinquent~in the previous
three months or more than twice in the previous twelve (12) months or
has or will post a consumer deposit with the Association pursuant to the
requirements set forth on P.U.C. Sheet No. 36.
C.) ~he consumer's account status for electric service must be current at
the time of the request.
In addition to the eligibility requirements,' the following terms and conditions
will apply:
A.) The Association reserves the right to increase the Budget Billed amount
based upon cause and proper notification to the consumer. Basis for in-
crease shall be limited to increases in consumption or .rates during the
year.
B.) Consumers who fail to make Budget Billing payments shall
be subject to the normal collection procedures. If pay-
ment is not made after proper notice, the consumer shall
be removed fr om the Budget Billing Plan and electric ~~
service may be discontinued.
C.) Once a consumer is no longer a participant in the Budget f~. ~
Billing Plan the entire billing amount which is out- ~r~ ~
standing shall become immediately due and payable. ? ~ c~ r~
Page: 24 of 39 ~
08/25/2003 02:41P
SILVI~ D~VIS PITKIN COUNTY CO R 0,00 O 0.00 ~~
Advice Le~o~ No. 35 ~..~___ ~ Issue D~te J,,~ 17. 198~
Doci=ion or ~eneral Manager r.,..~,,o m~,. July 17, 1983
Holy Cross Electric Association, Inc. Colo. I'UCNo ....... ~
name of utility Fi rst Revised Sheet No _.2.6-.28 '
Cancels 0riqinal Sheet No.._25=28
Rules, Regulations or Extension Policy
Reserved for future filing.
:7' , *'-- ~
SILVI~ D~VIS PITKIN COUNTY CO R ~.~ D ~.0~ :-I~ ~ ~ ~ ,~
~d~ice Lotter No.. ]4 ~ ~ue D~te dune 9~ 1978
Siqn~t~e 'ot Issuin~ Officer
Decision o[ July 10, 1978
Authodt~ No. General Manager Efte~ive Date
T[Qe
Form R-2
'IV~I,¥ r~?n. .... . r · ~C'-'~T,', . .o,,. ~.r. Colo. PUC No. 2
name of urilky I,,1"~ C~ n,nl Sheet No. ~9
Cancels .Sheet No.
Rules, Regulations or Extension Policy
ELUCT:'?IC n!.'r,"/ICE ..... ,,L... ICl
I. These Electric ~ervice Resulations are desiF, ned to govern the
supplying anal receiving of electric service in such a manner "s will
secure to each Consumer the ~eatest Fructicable latiturtc in the enjoy-
=est of electric service consistent ',,;ith good s~rvice and safety to htz~-
self and other Consumers and also consistent ~ith good operating ~rac-
rices and the Rate Schedules of tile Association.
2. These !).e~c-ulations supersede all previous Ro%-ulntions which may have
been effective, and ,may bo revi~,ed, :.;hen occasion requires, upon approval
of the regulatory authority h'tving Jurisdiction. Copies are available
ut the offices of the Association.
.?..' :~:; '?, ', '~ :- FI:-! ITI','::'t::
3. ~ :'.CT?.IC i~.,,.,~ is the avatl:]bility of electric power and enor~
at tho Consumer's point of delivery, in the form, ut thc approximate vol
:ta~e ~d for tho purposes specified in the Electric Service A~ree~en:.
+. ,uAl,= 07 DEl.,iV. HY is tho point at which the Association's service
,.;ires are connected with wires or ar?aratu~ of tho Consumer, unless
otherwise specified in the Llectric ServiceA,~.~-ee,_en~ t
5- },:,xI..-~" "*.I,.," ,~:'?';d~i;'.~: is the Consumer's g~eatest use shows by or computed
from tho =oadin[~o of the Association's Demand meter for a 1~ minute per-
tod, unless otheruisc s;,ecified in tho ap licahlc rate sohodule. At the
option of tho Association it raay be ,leterminud either by l:eriodio tests
or by permanent ~eteFs. 7'eaiu~ duo to accidoat,, which tho Go~er
could not h~v;o Suardod acainnt t;hal! be disreU:~cded.
6. ~:~D ['~CTO~ is the percentz~.'e corr.:ned by ~v~4~.~..__~, the a,reraU~ load
for ~y ;liven period by the maximum demand estnblished in such period.
7. C....~4,..C~.D LO',D is the combined mated c:~?ncity of all the Cons~er's
emery' cons u~i~
u.° C(.~.,,~%f.3:'g & ..... , ,,,,.[I.N is tho ?;iris6 'm'.~ ::;,p:u'~tun owned by the
Con,use= ~d on his side of the feint or Deli,~er7 (excep~ Association's
e:er installation) useful In cermet[ion with Consumer's ability to
( ice.
$. I~O~:TI{ is the period of :x~H roximately 30 dnyn inter-
~ening between re~lar meta,' reading dotes. ~V.,s spac~
ZO. Y'"¢AI,' ig the period between the ,!;rte of commencement ,~
,f service under the Electric flervico A~eement and the ~/~
~e da~,' of tho following calendr~r ye,ur. :i [.~
Page: 26 of 39 ' '->
- oct. 5,
Advice Letter No.. ~/w-'2~/ /~,.: // Jw2? ,/r~.. .....
D~cision or
Authority No. Mana~r Effective Date
Form R-2
..... x~~ ~"5'iI. It:C. Colo. PUC No.
IIOLY GROg.'; : I.'. ,,,'~-~ -,.' ,
name o[ utiliw f¢~4~4_~¢1 Sheet No.~,
Cancels Sheet No.
Rules, Regulations or Extension Policy
...... · . ~I~[ ,,,,'
-, -- .n.w:',.',,'~.~ R.:'~:.' rCI!;?UI.-Y.: AI!D :;LiCTRIC ,';ERVICE
11o ELi;CTNIC :: ~VIC: ..... : ....... I_,
,~xGUL,~I(.L-, These ReGmlations and the apnlicable Rate Schedule are
[~ercby made a raft of each Electric Service Agreement. In case of
conflict bet:teen any of the r. rovisions of the .Electric Service A~ree-
~ent, Rate ::chcdule olld the [';leotric t;orvice Repletions, tho provisions
of the Rate ~ichudule %till take precedence followed by tho provluio~¢
the Electric ~;ervico ~e~!~tions.
..... ~ ..,~ , .... m ,': ',jr~E .... t.,,:,.~.,,,TS. ,it the ex[-iration
~f the term stated in the Lorvice AEree~ont, or any renewal thereof,
any extended term thereof, the :~ervico A~eement shall be automatical~
ren,,.wed for n like term, unless either the Ansociation or the ~onu~er
uotifiea~ tho other in ~:ritin~ not more than 60 days nor less than ~O days
:.riot to the end of such r, eriod of it s desire to fulminate such
sent, c::copt %h:2.% In thc~ chou of [~osidential Con, users such notice of
ferules/ion shall be riven no~ more than 50 dnyfl nor less thaQ !O days
->riot to the end of such ~eriod.
must:ends o[~erations during the ;,~ree,:ient Feri' d '.,ith the intention per-
nanent!y to abanrlon them, the A~eement may be c:~ncellcd by written no-
tice to the As:~ociation not l~ss than 50 days before the effective date
f the ¢.ro::osed cuncell~.i%ion, and by Farine to the Association the
.~cung of :211 bii~tnces due the .%scoci:*tion. No such c~ce!lation shall
,.mi his obligation under any term mtnim~
mteos based on s~:ecial investment ~ado by the Association to serve the
Jonsumer. If tho discontinuance by the Consumcr is a breach of the ser-
vice ~,,~reeuont, the right of the Association to c:'!lect tho ars non-
tionod herein shall be in addition tc all other rishts it may have
:~ccount of such breach.
k4. HiJ'IEDIEJ3 OF .,.'. A ,.,CCI.~.I .... Fo~ any default or breach by tho
]ons~m~r of a service A~ooment, inc!udin~ failure to pay bi!ln prompt-
[y, the Associntion in addition to all oth,,~- legal remedies, may
tho 7ervice A~eoment or su:;pend the su~:lly of service. No such te~ina-
gion or suspension will be made without 5 d:~ys written notice to the Con-
~J~er, statiug in whr.tt [~articul;~r the Sn~vice A~eement has been vio~ted,
except in cases of theft or unauthorized use or dtsnosition
f ~e~vico by the Con~,r, or in c;~o~ of a dangerous co~- ~;~.,s S.AC~
lition on tho Connumnr's ai'~e of tho ~oin~ of Delivery, ~r '~'>'
in case o~ utiltz~tion by thc Conn=~c~r of service in seca '~2
~dize service to the ~onu~me~ or others. Failure of tho "
'soociati°n at nny t~mo ...t.'ter uny ~:uch default or breach
.._~ ~tther to susuend sup:'ly of service, to terminate the
~ :ervico ,Sgreement or to resort to ~Y other leznl remedy, ?. L.
"' ,hall no~ :., feet the Auzociation'u ri,3h~ thereafter to .;:, Z '~':~7
.-esort .to or to exercise ~y one or moro such remedie~ for ~'"
~ ~he s~o or any future defnult or breach by tho Consumer.
t~o ~ Issue Date Oct. 3~ 1~2
Advice Letter No. 1 -~-~a ~ ~ Dec. 21, 1962
Decision o:
Auto,by No. ~,tana~o~ Eife~ive D~te ---
Foem R-2
I{C'~T,Y CP(i,.'.~2 i.i.T,'? ":?Tm. · ..:l,,.t:; T?~(', Colo. PUC No..
name of utility .mr~sr-4_nn! Sheet No. 31
Cancels Sheet No.__
Rules, Regulations or Extension Policy
LO. MI!IIMUH col, r...,,~r l':..,Iog. The minimma contract period for electric
service with tho towns of Eagle, Gypsum, Basalt, & Aspen shall be 30
days. In all other areas the minin'-'u contract l:eriod shall be one year.
16. DUCC,.~n.;O.~.~; AND ~:~$IGN:;. Contracts I'or electric service shall inure
to the b~nofit of .?n~! be binding u~on the successors in interemt, assigns
and legal ro!-roocntntives of the Association .and of tho Consumer.
.... . ,,.I,,-., -"' ~:
T[lq.:..,'~ ,_.YL,,, '.r:'~. ....... ;'r'
17. SUF~ LYING C'.'~ 3F'VglCE. Electric ~ervice will be eupplied under and
pursmmt to a 7rof. erly executed Service Aurc~ment :md to those Service
Regulatlon~ and the ~rol.'erly aFp!ic,'tble .Mate Schedule.
18. ~'~:~*~'~...,,.:,uI~'f '~ .......... .....- .:.::,VICe.· " The Association shall use reasonable dili-
gence to provide steady and c:ntinucus service, but does not guarantee
it's service against irregularities and interruptions. Tho Association
having used re,~s,-nabln diligence shall not be liable to the Consumer for
any drums,ge occasioned by irre.ffulr~rities or interruptions.
~ .... v.'~.- ,,'" k..o.~,I~iI ....... ~;either party shall be liabL
to the other for .uny act cr amiss, ion caused directly or indirectly by
strikes, labor troubles, accidents, litig~tion, or Ct~.te, Federal or
~[untciF. al interference or other causes not due to negligence but the
cause t~roducing ouch ~ct or omission sh~ll be re:-,ovcd :.;ith reasonable
diligence. Performance of Zervico Agreement is subject to all laws,
rules, sad re~alations, including those involving prioriti~s, allocations
or restriction of mate~ialn ~d the furni~hing of electric service now
or hereafter promulguted by lawful authoritJ.
,-,:,.t' -,~ ~t. .,,..~VI,,~. ~"0~ ll~::;'AI~S a,: (.II,,hG...,. For the ~ur~ses
of making repairs to or changes in Association glut, distribution
system cr other ~roperty, the As~ociation may without incurring ~y
liability therefor, sus;end service for ~uch .~.eriod as may be required
but will not inconvenience the Cons~er unneceom~ri~. W~enever pos-
sible, the Association will ~ve reasonable notice to the Coaster prior
tc such suspension of service.
· '.~. ~ ",~, ',,, ...... ~ ,,:..,'~C~. ~a Consumer shall uso the Association'~
,, tics exclusive~ for all his electric requirements unless otherwise
pro~ided in his Service A~eement. Service shall be used .
j the Cons~er' att:lisa, any .sort of his els:atria recuirements.
from ~y source other than the Association, ~upple~ent~ ~.'
o= Standby q-trice will be i-endered under rate schedules '5 m ~ '.%
. cd for su:h service. The Consist shall ~' [-~ ~ '.~
not extend his electric f~cilitien outside his premxses ~oz ~ .~ ~ '
service to other Cona~ers or pre~ses. (-~
~ ~ , Issue Date Oct. 3, 1962
Advice Letter No, 1 ./> ~ ~ ( , -
~ ~ /Sign=~u:~ o~ Iss~ng Office~
Decision o:
~uthoritV No. Mann?er .Effe~ive Dote Dec. 21, 196
Tide
I..,LY CP, Oq:'. YlL'TCT..'?IC .~ .... 'N IriS.
...... : Colo. PUC No.__~._
name of utility OrtL!innl Sheet No.~2____
Cancels Sheet No.
Rules, Reg:ulal:ions or 7:xtension Policy
22 .... VIC.. TO MULTI.n'L~ ]~'g;;Ii.~E~;CE:~, Each re~idence hereunder receiv~n~
s~rvtce shall be metered separately. In the ca~e of o~tin~ coasters
where more than eno residence is boinC served through one meter, the
mcnthly minimum and each rate block shall be multiplied by the n~bor
of residcnce~ so served. "Residence" as here used shall be defined
a housekeeping unit and shall exclude cunrtcrs used only for sleeping
purposes.
23. CC, d Lb.D ~,-~I~.~ ~..L AND CO?-~UT.~CIAL USE. Coasters having their
residences on the same premises as their business establishments
receive service throu~ cae mete~, in which case all service shall be
billed ~dcr thc cam. mercia] rate schedule.
24. C~.~;~: '~r..:~,- ~,. .....
........... -~.~.~-~ ~BILITY. The Conn~er assumes all res~nsibi~ty
on Coaster's side of the Point of Deli~-ery for service supplied or
t~cn, ac well as for the electrical in~tallation ~d app~ces ~ed
connection therewith, and ~ill idcmnify, sc. ye ha~less and defend the
Ascociation against all claims, demands, cost or expense, for less,
damage or in3ury to ?er:~on~ or property, in ~my manner direc{ly or in-
directly connected '~,ith, or ~rowing. out of, the tr~saission or use of
~lcctric cervice by the Con&user, at or an ~he Consumer's side of the
Point of Delivery.
25..~C~''~,~ .... TO :'?:~,I"r'". ... ..~-.. The duly authorized a3ento of the ~.~sociatlon
shall haOo access, at all roanonnble hours to the premices of the Con-
c~cr for thc purpose of inn~ecting the ,%ncoci~.tion'o ~ring ~d equip-
ment, re~oving or rc~lucin~ its ~,rorerty,. ro~din~ of meters ~d all
other Dur~osos incident to'the su,~vlying of service.
,', ...... All wires ~d eGuipmcnt,
exce~:t A~oc~ation's mete,-s and acces:~orios, on the Coaster's side of
,the Point of Delivery murat be in.~tal!ed ~nd maintained at the exr. enae
t~,ith a vier.: to obtalnin~ =a~ety, ~'~ood -frlciency, good volt~=~e
~d the highest uractic31, rower factor, ~nd shall comp~ wi~h the st~-
dards of the ~at!onal Electrics! ~afoty Code i:~:~ued by tho
i, "~au of St~.iardn ~d the National ~].ectric Code of the I'rational ~ard
~i ..'ire Underwriters ~d also with regulations] of any gover~ental
authority havin~ Jurisdiction. Consumer oh~ll not employ
or utili=e :u~ equiF,meat, u~i~li~ce or :~evice that will
adver~e~ affect the Ascociatton'~ ~ervice to the Cone~e~
o~ to other Cons~or~. ~'~a:d~= load~ to be supplied on .:z
115 volt ~d E30 volt single ?hame circuits shall be in
-~ccoFdanco with tho ,,c. tt.e ::tan,lnrdu of the An~:ociation. ~,,
, .
~npropriate. ~;tarting contr,:l :~eviceu for motors shall be
- ...
inctalled. Electric fence controllers must be apuroved by b {~' > 6~'..;']
-
the Un,ler~rtter~ Laboratories, Inc. ~e Con~ume~ shall ~o
arr~ge hi~ load that tht~re t~ill be, at the Feint of De,v-
sty, a ~ea~onable electric load balance between the phases '-~..... .-'
" a Foly:'hase circuit :md between the two sides of a
Advice Letter No.. 1 .- /~F~ )~; c ~'.. r ~ }~ Issue DateOct' 3, 1962
~ ' / Signature of lis~in~ Oflic~ -
Decision o: Dec. 21, 1962
Authority No._ v .
Ti~e
Form
}lC,k? I'~r~O::': :,'T."C~'UTf: ..... 'Il_, I?'C. Coto. PUC No.__.2 _
name of utility C~i~unl Sheet No.
Cancels Sheet No.~
Rules, Regulations or Extension Policy
~ingle phase three wire circuit.
Tll:,~,~.. $'Ib'~:;;; ~'OTO~::: Three r.h:tse service for motor installa-
27. .,~ ,~,LI, -
tions ag~egating less th~n 5 horsepower will be supplied u~n p~ment
by the Coaster of the estimated additional cost required to be incurred
by tho As~ocimtion in order to uupp~ three 7h~ue service instead of
single phase service which normally would bo supplied.
28. IlIGHLY FLUCTU.TING LO;d.L~. If tho Consumer used welding machines,
X-Ray apparatus, elevators or other e~uipment with hilly fluctuating
load ch~racteristics, or having ~ abnormal effect on voltage, ~d whose
operation reeuires the Association to install tr~uformer capacity or
other equipment in order to protect tho quality of service to other
Cons,~ors or to provide for short period uso of po~er by such equi~ent,
the Association m~y either ?rovide ~ selmrate service connection
supply service thereto under the applicable ?.o~,:er schedule or for billin
purToses add the rated ca;mcity of such equipment to ~he Consumer's
Demand as otherwise determined.
uit~,o:.., I., I ,..~ ........ zC .. A:'3 the Association's wires, tr~sformors.
meters, ~d other facilities used in supplying service to the Coaster
have a definite limited capacity, the Consumer shall give notice to the
Association ~d obtain the Association's consent before m~ing ~y mate-
rial change or increases in the Cons',mer's inr:~allation. The Association
a~ prom::tly, as possible will j~ive it~ a;':prow]l to the proposed
or increm~e, or will advise the Coaster u~on what conditions service
c~ be supplied for such ch~ge or increase.
30. Ib~ ..(.TIO~', ~ ...... (,CI.%.IC . ~xe Association shall h~xve the right,
but doe~ not asses tho duty, to inspect the Coaster's inntallation at
any reasonable time ~d to refuse ~o commence or to continue service
v;lxenever i~ does not consider such installation to be in ~od operating
condition, but no inspection by the Association, nor the failure by i~
to object to the Consumer's insta!l~tion shall render tho Association
any way liable for .=y injury or d~u~,:e resulting from ~y defective
installation of the Conc~er.
........ .~ '~'' ..... ..,,,co~t as otherwise provided in these
Service Re~l,=tions, in the Service Agreement or Rate
Schedules, the Association shall iss%all and maintain it~ ~.~,"~"" ~,~ci,~
lines and oqui~:ment on its side of the Point of Delivery ?
but shall not be required to install or m~ntain any ~nes ~
or equii-ment except meters and accessories beyond that o~
point. ~e A~soclation, ~ubJect ~o the provinion~ of it~ ~'.i OD
Extension Policy, will extend its overspend supp~ wire~,~'' i ....~ :.~
supply one sot of service ntt:chment fittings and m~:e [,~ ~'-
connection to the Consumer's ~ervice tormina!o. Only ~
a~ents of the Association are authorized to connect the ,"
~ssociation sunuly wires to the Conn~er~s ~ervice
terminals.
Advice Lettez No. 1 ~Q2~ ~ ~ ~-~' ;~. Issue Da~e Oct. 3, 196Z
Decision o~
Authodty No. Manaser Effective Date Dec. 21, 1962
TiGe
Form
HOLY CRO$:: i,L~'CT,~IC ~::~'N., !NC, Colo. PUC No._Z.
name of udli~y Cr±~innl Sheet No._~_b,.__
Cancels. Sheet No.
Rules, Regula~ons or ~x~ension Policy
32. A.:SCCI,',TX~N FRC~ :XTY. All ~nes, apparatus, instr~nts,
~d materials ~upplied by ~he ~.ssociation shall remain i%% property, ~d
shall b. returned %o it by the Coaster in the same oondition as when
received by the Consumer, except for ordinary wear and depreciation ~d
the Association may at any time ex~ino, change or repair its: property
on the.premises of ~he Consumer sad may remove all such property at, or
nt any time after, thc termination of service. All d=ages or inJu~ to
lines, apparatus or materials of the Association on the Coaster's premi-
ses caused by any act or neglect of the Consume~ shall be ch~ged to
the Coaster.
33.'"-'~,~"~'m'T~ FRO."' .XI..~IL~,='' '~' "~ LI~'=:" ...... Service will be rendered to the Con-
s~er from the Association's nearest line of sufficient capacity to fur-
nish adequate ~,~vice, at the volt,ge th~re existing.
)4. RIGHT 07 "AY. ~e Coaster without expense to the ~socia~ion shall
:sake or procure co,~vcysnce to the A~soclntion of satisfactory right-of-
~ay easements acro~.~s the property owned or controlled by the qonc=mer
for the Association's lines o: extensions thereof necessary or incident~
to the furnishing of service to the Consumer and shall permit access
%hereto by the dm;ociation'c employees at all ~eaconable hours.
~5- II.,,.~LL.~I,,r. ~e A~sociatton will furnish, install, ~d saint,s
~:t it's own expense the necessary meter or meters to measure the electric
~3ervice used by the Consumer. The Consumer shall ~rovide and maintain
~ satisfacto~ location for the installution without cw~ense to the
~ssociation. :'here the character of the installation requires the in-
,taller!on of a ~a?htc meter., the chart of which must be chanEed weekly,
~he Coaster will provide attendance, when recuestod by the Association,
~o care fo=, and to change the mete~ charts as required. ~e Coaster
~,!l! not interfere with or alter or ;~ermit interference with or altera-
tion of the Association's meter or other property.
;6. FAILU~3 ~ "~GI'C".R. If the Association's meter shall fail at
Demand and ener~ durin~ the t~e of such failure on the basis of the
pest available, data. If any a~pliance o~- wiring connections
nn Cons~er's premises which 7revest the motor from accurato~ recor~ng
:ho total ~ount of demand and energy used on tho promises,
;he A:~cociation may at once remove such wiring or ap-
)linnets and m~ ostiz:~te the ~o~t of ener~Ty con~od ~d "
LOt re~tered, as accurately as it Is able to do ~o. The,..
. :on,user shall Jmmedi~tely t~ay for ~uch estina~ed sons,p-
;ion together with the exnen~e, of removing any much withe
,r anpli~ces ~d restoring the eeui~-ment of the Ascocia- ~-.
~ay ai=o refu=e further aervico or require the Cons~or to
~alqe such chases in hi~ wiring installation aa ~e .....
Advice Lette~ No.. 1 ~' t .
, ,~ ~ ~ ~ '~' -. r ~ ~ Issue Date. Oct, }~ 196a
' /' ~ignatu~e of Iss~ng Ofiicer
Authozity No. Manarer Effe~ive Date .
ttOLY C!~O~:;~ ~ ][: C, ,-,]Y. ',.,,.'~,.: '? I.NC. Colo. PUC No. 2
name ot uritity f)r'~ ~fnml Shee~ No._~5__
Cancels Sheet No.
Rules, Regulations or Extension Policy
,-I,~..:~ .......... : J~... ....... ts~ociation ;~fll test and inspect its
motors from ~ime to time and maintain their accuracy of recantation in
accordance with ~od practice. The Asoociation %till m~(e opecial
when requested by the Consumer. If nny special test ~hos~ the average
ro~strution o~ a metnr to bo in error by =ore thnn 2~ f~t or slow the
Association will bear tho cost of tent. If the amount of error is
than ~ tho Consumer shall bear the cost o~ thn toot unless tho meter
not been tested at the Consumer's request within ts.re!ye months'
t~ediate!y 7~ocedin~ such request. :.]ten an averaso error of mo~e th~
2~ is determined tho A:~uociation i~ill m:~l:u & ~efund x:here tho meter
fast and the Como%mcr shall p~ tho difference whore the mete~ is slow.
~e billings adjustment fo~ reoi4enttal nnd cc~erctal service will bo
made for only one-half the period tntervenin~ since tho last test but
not to exceed si:: months. The b_ll,n~ ...~Ju~ment for all other
of service ~.:ill be n:~do only for a perio~! of thirty days.
58 .... . .... ~.,~,D G~.' -~CCU:"GY. ~e aver.u<e ~rro~ of ~ meter is one-h~lf tho
alsebraic sum of ~he error at light lo:id (1'3% to 1~ of rs%ecl.capacity)
will b~ inutalle~ %;hic~ h.~ an error of more than
..... slow o~ fast. at
light or heuvy load. 'hanover on 5. ns/n!latisn, periodic or ~y other
tests a meter ts found to exceed rheas liziLs it will be adjusted or
replaced.
39. TR.'.~I.ZFC,U~-~hM LO.':i~;J. 'hen do~';ery of cc, trico is on the primary
side of Consumer's tra:.sfcrmorc the P.ssoci-.ti.~n may install it's meter on
the nocon:l~:ry side of the transfusers and in such case trunsformcr and
other losses securing bot,:eon the ?oint o[' Re,very amd tho meters
bo corollated and added to the meter rea~linEs to determine the monthly
,$om~d ~d cnorF~ const~:~tion.
40. ".'~ :.iCiU'L,L ..... ~le rates pre:;cribed by all Rate Schedules are
subject to revision u,;on a:'.'rov.ul of the regulatory authority having
jurisdiction.
41. S;;L CTIOI: AN;~ C,,At .... f3....~ ..~ · · . ~e A~;sociation will
a prospective Consumer 'in the selection o~ the Uate Schedule most favor-
able to him for th, service re~uocted. The recommendation to the Con-
s~er will be b:~sed on hie ut::tement of the class of nor-~~~o ,o
tin~nt info~ation. ~pecial cc, naideraticn mawr be ~iven to
Con~umers whose circum~t~ces ~d powo~ requirement~ so /~ ~ --.
justify. & Consumer being billed unde~' one of two or more /~ Q
may elect to bo billed on any other apl:licabl~ Rate Soho- 2- -~
dule by notifying the Association in ~rit~n~i ~md the %~ ~ >
A,,~oc~ution will b~ll the Cnnm~er under such elected ~:.%.~ ~ .
schedule from ~,I after tho ,late of the neat meter reading. ~-,
l{owcver, a Consu=,'r buying o'~de such a ch'~n~e of :ate ~ ~<~,
~ chedule may not m~e in' ~hcr.-ucL ch~'n-e ~ithin the next ~
Advice L~tt~z No. 1 X Y ~ 196a _
/ ' /Si~t~e of Iss~ng Officer "
Decision o~
Authority No. Manager .Effective D~te. Dec. 21, 196a
Form R-2
HOLY CROSS ELECTRIC ASSN, INC. Colo. PUC No. 2
name of utility Third Revised Sheet No. 36___
Cancels Second Revised Sheet No. 36..
Rules, Regulations or Extension Policy
twelve months, unless altered conditions or other good cause justifies a
change within a shorter period.
42. REDUCTION IN RATES. If the Association makes, either voluntarily or
pursuant to order of any regulatory agency having jurisdiction, any
reduction in rates applicable to the service covered by his Service
Agreement, the Consumer, by accepting the terms and conditions, if any,
incident to such reduction, shall have the benefit thereof from the
effective date of such reduction and so long as the new rate schedule
shall remain in effect.
. 43. ADDRESS OF CONSUMER. Bills will be mailed to the address of the
Consumer appearing in the Service Agreement or to such other address as
the Consumer may from time to time request. When the Consumer vacates
the premises where he is receiving service, his Service Agreement shall
continue in effect until he notifies the Association to cancel or trans-
fer said Agreement to another location or until another Consumer becomes
responsible for service to said premises.
44. SEPAP~ATE BILLINGS. At each Point of Delivery the use of service
shall be metered separately for each Consumer served. Whenever for any
reason the Association furnishes two or more meter installations for a
single Consumer, each point of metering shall be considered a separate
service and be separately billed.
45. PAYMENT OF BILLS. Bills for service are due upon presentation and
~. if payment is not made within twelve days, the bill will be considered C
· delinquent and service may be discontinued upon ten days' written notice. C
46. DEPOSIT REQUIREMENTS. Upon application for service, each new'
applicant must provide the Association with a customer deposit to
guarantee payment of energy bills or provide credit references satis-
factory to management indicating past credit acceptability from other
utilitfes. The customer deposit shall not exceed the amount of an C
estimated ninety days' bill of such customer, or in the case of a
customer whose bi·lls are payable in advance, the deposit shall not
exceed an estimated sixty days' bill for such customer. Refundable
construction advances, contributions or guarantees made in accordance with
Il the Association's line extension policy do not apply under this rule. C
oo HO~mT~
IN THiS SPA~
08/25/2003 02:41P :_= ~"~
SILVI~ D~VIS PlTKIN COUNTY CO R 0.00 D 0.00 ~'~
g a ute ot lasumg Officer ........
Decisio: oI
Authorit, No. C80-201 3 Genera! Manaqer Effective D~te ~arch
CROSS ELECTRIC ASSOCIATION, INC. Co[o. PUC A'o. 2
n~me o~ u~i~ 7th Revised Sheet Xo. 37
Cancels Sixth Revised Sheet N'o. 37
Rules, Re~ladonsorExtension PoE~
47. DEPOSIT INTEREST. Simple interest shall be paid by the Association upon
the return of the deposit or a,t,~,~a[ly at the request of the consumer. In-
terest on a deposit shall be earned for the time such deposit is held by the
utility, and shall be calculated from the date the deposit is received by the
utility to the date of payment to the customer in cash or to the date an
amount equal to the deposit is credited to the customer's account. Simple
interest rates shall be as follows:
Simple interest rates shall be as established by the
Colorado Public Utilities Commission annually.
48. DEPOSIT REFUNDS. Deposits will be refunded by the Association upon ter-
mination of service and presentation of the certificate of deposit or upon
approval of the customer's credit acceptability. Customer's credit ~suaLly
may be considered satisfactory if the customer's account has not been de-
linquent for the past twelve months. All deposits held by the Association
may be reviewed annually for credit acceptability and any deposit refunds
thereof plus accrued interest will be returned to the customer. If unpaid
energy bills exist upon termination of service, the Association may apply
amounts held as deposits to the unpaid energy bills and refund any deposit
balance. If the customer cannot produce the original certificate of deposit
for refund, d~posits will be refunded by the Association upon presentation of
a signed notarized statement, in a form acceptable to ~he Association,
stating that the certificate of deposit has been lost and relieving the
Association from any liability for future claims in connection therewith.
49. DEPOSIT RECORDS, The Association shall maintain deposit records in
accordance with Rule ll(C) of the Public Utilities Commission.
50. DISCONTINUANCE OF SERVICE. (a) The Association will not discontinue the
service of any customer for violation of any rule of the Association and/or
for non-payment of any sum due for electric service except upon written
notice mailed by first class mail, or delivered at least ten (10) days in
advance of the proposed termination date, advising the customer in what
particular such rule has been violated for which service will be dis-
continued, and/or the amount due and the date by which the same shall be
paid. In the event the customer previously has executed a third party .
notification form indicating a third party to whom notices of discontinuance '.'
or terminations is to be sent, written notice also shall be
mailed by first class mail or delivered at least ten (10)
days in advance of the proposed termination date to said
third party. The notice of discontinuance shall be con-
spicuous in nature and in easily understood language. The
heading of the notice of discontinuance shall be in block
capital letters. The heading shall contain, as a minimum,
the following warning written:
THIS IS A FINAL NOTICE OF DISCONTINUANCE OF ELECTRIC
UTILITY SERVICE AND CONTAINS IMPORTANT INFORMATION
INVOLVING YOUR LEGAL RIGHTS AND REMEDIES.
Advice Le~er NoPR2 Issue DateSeptember 27, 1984
Decision oz
Autho~ No. GeneralTi~.Manager Effe~ive Date November l, 1984
HOLY CROSS ELECTRIC ASSOCIATION, INC. Colo. PUC No.. 2
name of ur/l/w 2nd Revised Shcer ~'o. 37a
Cancels First Revised Shes: No. 37a
Rul~s, Re.la,ohs or Extension Policy
This rule shall not apply where diversion of energy is discovered on a
customer's service meter, or any hazardous condition on a customer's
premises, or in the case of a customer utilizing service in such a manner as
to make it dangerous for occupants of the premises, thus making an immediate
discontinuance of service to the premises imperative.
This rule shall not apply where payment was made by check to avoid
discontinuance of service and said check was returned as insufficient funds,
short check, or account closed.
(b) Delinquency in payment for service rendered to a previous occupant of
the premises to be served and unpaid charges for service or facilities not
ordered by the present or prospective customers shall not constitute a
sufficient cause for refusal of service to a present or prospective
customer; provided, however, the Association may decline to furnish service
at the same premises for the use of a delinquent customer by subterfuge in
any manner. Subterfuge includes, but is not restricted to, an application
for service at a given location in the name of another party by an applicant
whose account is delinquent and who continues to reside at the premises.
(c) Only in situations involving permanent residences in multi-dwellings
known by the Association to exist, where the electric service for the entire
dwelling is recorded on a single meter, the Association, at least ten (10)
days prior to the proposed termination date for the dwelling involved, shall
make every reasonable effort to post a copy of said notice in at least one of
the common areas of the multi,nit dwelling, in addition to the notice to the
customer of record
(d) Notice of discontinuance of service shall be mailed or delivered in
accordance with Section (a) of this rule. As a minimum, said notice shall
advise the customer:
(1) how to contact the Association, Without expense to the
customer of a toll call, to resolve any dispute, with respect
to the amount or date due, and/or with respect to violation
of any rule.
(2) that the customer is entitled to a hearing in person,
before termination of service, at a reasonable time and
place within ten (10) days of the date of the notice of
discontinuance before the manager of the Association, or
his designee.
(3) that the customer has the right to make an informal
complaint to the manager as defined in the REGULATIONS
GOVERNING'CONSUMER COMPLAINTS AND ~LATED N ATTERS, a copy
of which can be reviewed at any Association office.
Ad~ceLefferNo~ DR2 ~~~Issue DateSeptember 27, 1984
Decision or enera anager November 1, 1984
Autho~W No. EHe~ive D~te
Title
name of utility 2nd Revised Sheet ~'o. 37b
Cancels First Revised Sheet N0. 37b
Rules, ReVisions or Extension Polly
(4) that the customer has the right to request, in writing, a
formal hearing before the Board as defined in the REGULATIONS
GOVERNING CONSUMER COMPLAINTS AND RELATED MATTERS, a copy of which
can be reviewed at any Association office.
(5) that the Board, at its discretion and upon such terms as it
may prescribe, may order not to terminate service pending an
investigation and/or a hearing.
(6) that in the event a hearing before the Board on the proposed
discontinuance of service is requested by the customer, the Board,
upon motion, may order the customer to post a deposit or an
additional deposit with the Association in such amount as the Board
deems reasonable under the circumstances which deposit may be in
addition to any deposit previously posted with the Association.
(7) that the customer may avoid termination of service by paying
the current month's bill in full and entering into a reasonable
installment payment plan with the Association to pay any past due
balance, and new or additional deposit, if any, in no more than
six (6) equal monthly installments.
(8) that in the event the customer is unable to pay for service as
regularly billed by the Association, or is able to pay for such
service but only in reasonable installments and there is a medical
certification delivered to the Association indicating that termi-
nation of service would be especially dangerous to the health or
safety of the customer or a permanent resident of the customer's
household, that there will not be discontinuance of service for
thirty (30) days from the date of the medical
certification
with
a
possible thirty (30) day extension upon delivery of a second medical
certification.
(e) Service shall not be discontinued:
(1) if all current bills are paid when due and all past due
amounts are being amortized by prearranged reasonable installment
payments. The due date on the bill is specifically ~o .et w.~t~
indicated on the bill and the due date is no earlier ,. r.,s s..c~
than ten days subsequent to the mailing or delivery
of the bill.
Current bill means that portion of the bill which is
not fifteen (15) days past due. The minimum reasonable
installment payment is that which pays a current bill
in full and is at least one-sixth (1/6) of any past due
balance. A reasonable installment payment plan may re-
quire that a past due balance be paid off in no more
th~n six equal monthly installments. The Association
Advice Le~e~ No. DR2 September 27, 1984
~sue Date .~ .:'
De~siono~ General Manager November 1, 1984.~/
Authority No. Effective Date.
~a '~.~ '
HOLY CROSS ELECTRIC ASSOCIATION, INC. Colo. PUC No. 2
name ot ut/~ry 2nd Revised .Sheet N'o. 37c
Cancels First Revised Sheet N'o. 37c
Rules, Re~ladons or E~tension Policy
has the right, in the event there is a breach of the installment
agreement, to discontinue service on or after the seventh day following
the mailing of a notice of termination to the customer at the address
supplied by the customer, and to require, in order for the customer to
avoid termination or to be reconnected, payment in full of the current
bill and of all past due amounts and the posting of a reasonable deposit
in accordance with the criteria set forth in Rule il(a) in order for the
customer to be reconnected.
(2) between 12 Noon on Friday and 8 a.m. the following Monday, or
between 12 Noon on the day prior to and 8 a.m. on the day following any
federal holiday or utility observed holiday.
(3) during any period when termination of service would be especially
dangerous to the health or safety of the residential customer or a
permanent resident of the customer's household and such customer
establishes that he is unable to pay for the service as regularly billed
by the Association, or he is able to pay for such service but only in
reasonable installments.
Termination of service that would be especially dangerous to the health
or safety of the residential customer or a permanent resident of the
customer's household means that termination of service would aggravate
an existing medical condition or create a medical emergency for the
customer or a permanent resident of the customer's household. Such
shall be deemed to be the case when a physician licensed by the State of
Colorado makes a certification thereof in writing and said certification
is received by the Association.
In the event a medical certification as aforesaid is delivered to or
received by the Association, the non-discontinuance of service as herein
prescribed shall be effective for thirty (30) days from the date of said
medical certification. One thirty (30) day extension of non-termination
of service, pursuant to this subsection may be effected by delivery to or
receipt by the Association of a second medical certification, as
aforesaid, prior to the expiration of the initial thirty day non-
termination period. A residential customer may invoke the provisions of
subsection (3) herein no more than once during an~
period of twelve consecutive months.
A reasonable installment is defined as one which pays
off at least one-sixth of:
Past due balance, consumer deposit if applicable, and
is made no less frequently than once a month.
Lo,er No.__ Issue Date
s~t~. o~ ~,,~g ~c.~
De,sion oz ~enera£ manager November 1, 1984
Au~ofi~ No. EHe~ive Date.
HOLY CROSS ELECTRIC ASSOCIATION, INC. Colo. PUC No. 2
name of ur,'liry 2nd Revised Sheer No. 37d
Cancels First Revised Sheer No. 37d--
Rules, Regula~onsorExrension Policy
(4) in the event a customer at any time proffers full payment of any
electric bill by cash or bona fide check to the Association's service
representative or field employee. The provision herein shall not pre-
clude the Association, by tariff rule and rate, from making a reasonable
charge for a service call.
(f) For each new residential customer, and on each notice of discontinuance,
the Association shall provide a list of major federal, state or local govern-
ment agencies, known to the Association, which provide customer assistance or
benefits relating to utility service.
The Association shall make available to any customer, on written or telephone
request, a list of all organizations and agencies, public and private, known
to the Association which provide consumer assistance or benefits relating to
electric service.
(g) The Association shall furnish a third party notification form to each
new residential customer and, within six (6) months after the effective date
of this rule, to each existing residential customer. Moreover, the Associ-
ation shall inform its residential customers at least annually of the
availability of the third party notification form and a method for obtaining
a copy of the form. The customer, at his option, may mail or deliver to the
Association such third PartY notification form, which form shall be signed by
both the customer (or his legal representative) and by the third party to be
notified in the event of possible discontinuance of service. Said third
party notification form shall be substantially in the following format:
Name of customer
City, State and Zip Code
Telephone Number
TEIRD PARTY TO BE NOTIFIED IN THE EVENT OF POSSIBLE
DISCONTINUANCE OF SERVICE:
Name
Street Address
City, State and Zip Code
Telephone Number
Ad,ce Le~er No. DR2 ~~~-"~'-~ ~ T~sue DateSeptember 27, 1984
Decision or
Au~oriW No. General
HoLy Cros__s .~_L.~c_t__r._L.q..A~.~g_.c_L.t~~ Lot. L' __tnt. Colo. L'~.i No., 2
n~m~of,tilhy _S.e~nd.Reyi~.ed ____Sheet Xo. 37e.
C ~ ..... First ~evised ~, ,,
..... a~c, Xl~. 37e
Relationship to customer
Signature of customer
Signature of third party
Date
(h) Whenever reference is made herein to a notice or other document being
mailed or delivered, that phrase shall mean that the notice or other document
is either deposited in the United States Mails, or physically delivered to the
address of the addressee, and does not necessarily include actual physical
receipt by the addressee.
51. DIVERSION OF ELECTRIC ENERGY. The existance of TAMPERING (damaging,
alter£ng, adjusting, interfering with or obstructing the action or operation
of an Association meter), BYPASSING (.attaching or connecting to the
Association's distribution system, by any contrivance, electric energy con-
suming devices ahead of or in the absence of the Association's meter), or
UNAUTHORIZED METERING (removing, moving, installing, connecting, raconnecting
or disconnecting any Association meter or metering device by an unauthorized
person) shall constitute diversion of electric energy.
Discovery of the diversion shall be a presumption that the consumer in whose
name service is being rendered, or that the person benefiting from the use of
such diverted energy, at the location where the diversion is proven to exist,
caused or had knowledge of such diversion if the consumer or person benefiting
from the use of the diverted energy was responsible or partially responsible
for payment to the utility for electric service provided at the premises, or
controlled access to that part of the Association's distribution system at the
location where the diversion was proven to exist.
Discovery of diversion will result in immediate termination of electric
service. The Association will then, in any reasonable manner, compute the
amount of diverted electric energy. Computation may include but not be
limited to meter tests energy audit with consumer s permission, past usage
and estimates. Computation will be made for the period beginning with the
date the diversion began, if such date can be reasonably determined, if not,
beginning with the date on ~hich consumer began using electric energy at the
location where the diversion occurred, and ending with the date on which the
diversion ceased. Bills for diverted electric energy, based upon aforesaid
computation, under the applicable rate effective during the period of di-
version, plus the cost of investigating and confirming such diversion and dis-
connecting service, shall be due and payable upon presentation.
If service has been disconnected for diversion of electric energy, the
Association will not render service to said consumer, or to any other person
for consumer's use at the same or any o~her locagion un,ii:
1. Consumer has paid all bills as set forth preceding, and
2. Consumer has paid to the Association the installation cost -
of, or has had installed, at consumer's expense, such .
entrance and service equipment as is necessary to prevent
further diversion of electrical energy.
The foregoing rules pertaining to Diversion of Electric Energy
are not ~n any way intended to affect or modify any action or
~roaecution under any statute of the State of Colorado
Advice Letter No.. 34 ~'~-~'~iuamu~e ot hsuiz:~ ~- Is u~ D ' February 18, 1983
'" ''~ .. S .. ~[e .......
Decision or
~ March 20, 1983
Authority No. General Manager __..Eff~ctivcua[e_