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CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.12.1 Anaheim, CA 92805 RULE NO. 12 RATES, OPTIONAL RATES, AND DEVELOPMENTAL RATE SCHEDULES ISSUED BY: Effective: 08-01-13 by Resolution No.: 2013-116 Dated: 07-23-13 Marcie L. Edwards Superseding Resolution No.: 2008-181 Dated: 10-28-08 General Manager A. EFFECTIVE RATES The rates charged by the Utility for electric service are those on file with the Public Utilities General Manager, City of Anaheim, and legally in effect. A copy of complete tariff schedules, as filed with the Public Utilities General Manager, shall be maintained for public inspection at APU. B. OPTIONAL RATES 1. Where there are two or more Rate Schedules, rates, or optional provisions applicable to the class of service requested by the applicant, the Utility or its authorized employees will call applicant's attention, at the time application is made, to the several schedules, and the applicant must designate which Rate Schedule, rate, or optional provision is desired. When the Customer notifies the Utility of any material change in the size, character, or extent of the Customer’s metered equipment or operations, in accordance with Section C of Rule No. 3, the Utility will, within a reasonable time, advise the Customer of the resulting rate options. In the absence of the notification provided for in Section C of Rule No. 3, the Utility assumes no responsibility for advising the Customer of lower optional rates under other existing schedules, rates, or optional provisions available as a result of the Customer's changes in equipment or operations. 2. When an applicant for new service has applied for service under a mutually agreed upon Rate Schedule, the Rate Schedule will remain in effect for a minimum of three billing periods to determine the accuracy of the application of the rate. C. DEVELOPMENTAL RATE SCHEDULES 1. Developmental rate schedules are contained in the Electric Rates, Rules and Regulations. A developmental rate schedule is an optional rate for Customers that meet the criteria established in the Applicability and Special Conditions sections of the specified developmental rate schedule. A developmental rate schedule is temporary and generally closes once a permanent Rate Schedule is effective. If a Customer determines that a developmental rate schedule is not beneficial or is otherwise undesirable, the Customer may choose an otherwise applicable tariff offered by APU subject to applicable limitations or otherwise applicable Rates, Rules and Regulations. 2. In those instances where the Public Utilities General Manager, at his or her sole discretion, is granted the requisite authority, the Public Utilities General Manager may immediately suspend a developmental rate schedule to new Customers and/or suspend a developmental rate schedule to all Customers (hereinafter “actions”). The Public Utilities General Manager shall ensure that applications for developmental rate schedules include notification of the suspension provisions. In order to suspend a developmental rate schedule to existing Customers under that schedule, the Public Utilities General Manager shall provide written notice of the following: 1) the developmental rate schedule shall be suspended effective 10 calendar days from the date of the written notice to the Customer and the Customer’s account shall be transferred to an otherwise applicable tariff; 2) the time period of the suspension shall be no longer than 120 calendar days from the date of the written notice after which either a) the developmental rate schedule shall be amended and reinstated, or b) the developmental rate schedule shall be closed; 3) the estimated impact, if any, on the Customer’s bill; and 4) once ascertained by APU, the affected Customers shall be notified of the date, time, and location of the meeting during which the City Council shall consider the actions taken by the Public Utilities General Manager. At the earliest feasible City Council meeting, the Public Utilities General Manager shall notify the City Council of the actions taken and seek approval for such actions. (Continued) ---PAGE BREAK--- CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.12.2 Anaheim, CA 92805 RULE NO. 12 RATES, OPTIONAL RATES, AND DEVELOPMENTAL RATE SCHEDULES ISSUED BY: Effective: 08-01-13 by Resolution No.: 2013-116 Dated: 07-23-13 Marcie L. Edwards Superseding Resolution No.: 2008-181 Dated: 10-28-08 General Manager 3. Developmental rate schedules and the Utility’s costs related to serving Customers on developmental rate schedules shall be analyzed by the Utility biannually. Should it be determined that the rates being charged were in excess of the underlying costs based on the analysis, the Utility shall, at its option, provide appropriate refunds or bill credits not to exceed the prior 24 months in which the Customer was affected by the developmental rate schedule. D. NEW OR REVISED RATES Should new or revised rates be established after the time application is made, the Utility will, within a reasonable time, use such means as may be practicable to bring them to the attention of those of its Customers who may thereby be affected. E. CHANGE OF RATE SCHEDULE 1. A change to another applicable Rate Schedule, rate, or optional provision will be made where the Customer elects to make such change or where, in the opinion of APU, another Rate Schedule is more applicable. 2. Should a Customer so elect, the change will be made provided: a. A change has not been made effective during the past twelve-month period; or b. The change is made to, or from, a new or revised Rate Schedule; or c. There has been a change in the Customer's operating conditions for that service which, in the opinion of the Utility, justifies the change; and d. The change is not made more often than once in twelve months where service is being supplied under a schedule containing an annual fixed charge or an annual minimum charge; and e. The Customer has made the request by written notice to the Utility. 3. The change will become effective for the billing period during which the Customer has requested the change and is not subject to a retroactive adjustment except when such change is the result of a Utility error, in accordance with Rule 17, C.1. F. INTERCONNECTION Unless otherwise stated in the Rate Schedule, the Rate Schedules of the Utility are applicable only for service supplied entirely by the Utility without interconnection with any other source of supply, except that interconnection may be double-throw switch where necessary to meet the minimum requirements for emergencies.