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TARIFF
TABLE OF CONTENTS
Page Sheet
RULES AND REGULATIONS
I. Technical Words, Phrases, Terms and Abbreviations 1 1
1.01 Abbreviations 1 1
1.02 Billing Period 1 1
1.03 British Thermal Unit 1 1
1.04 Cubic Foot of Gas 1 1
1.05 Customer 2 1
1.06 2 1
1.07 Day, Daily or Delivery Gas Day 2 1
1.08 District 2 1
1.09 Florida Agriculture 2 1
1.10 Gas 2 1
1.11 Gas Service 2 1
1.12 Gas Service Facilities 2 1
1.13 Heat Only Customer 2 1
1.14 High Pressure 2 1
1.15 Main 2 1
1.16 Meter 2 1
1.17 Normal Business Hours 2 1
1.18 Point of Delivery 3 1
1.19 Request for Service 3 1
1.20 Rate Schedule 3 1
1.21 Service or Service Line 3 1
1.22 Standard Delivery Pressure 3 1
1.23 Therm 3 1
II. Initiation of Service 3 2
2.01 Request for Service 3 2
2.02 Acceptance of Request for Service 3 2
2.03 Obligation of Customer and District 3 2
2.04 Turn On and Connection Charges 3 2
2.05 Withholding of Gas Service 3 2
2.06 Discontinuance of Gas Service for Unauthorized Use 4 2
2.07 Limitation of Use 4 2
2.08 Pressure 4 2
2.09 High Pressure 4 2
III. 4 3
3.01 General 4 3
3.02 4 3
3.03 5 3
3.04 Ownership of Property 5 3
3.05 Right of Way 5 3
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3.06 5 3
3.07 Access to Premises 5 3
3.08 5 3
3.09 Indemnity 5 3
3.10 Service Charges 5 3
3.11 Excess Flow Valves 6 3
IV. Deposits 6 4
4.01 Establishment of Credit 6 4
4.02 New or Additional Deposits 7 4
4.03 Receipt for Cash Deposit 7 4
4.04 Record of Deposit 7 4
4.05 Interest on Deposit 7 4
4.06 Refund of Deposit When Gas Service Is Disconnected 8 4
4.07 Dishonored Checks 8 4
V. Billing 8 5
5.01 Billing Periods 8 5
5.02 Receipt of Bills 8 5
5.03 Non-Receipt of Bills 8 5
5.04 Initial or Final Bills 8 5
5.05 Customer Discontinuance of Service 8 5
5.06 Calculation of Bill 8 5
5.07 Delinquent Bills 9 5
5.08 Discontinuance of Service for Non-Payment of Bills 9 5
5.09 Adjustment of Bills for Meter Error 9 5
VI. Measurement 10 6
6.01 Measuring Equipment 10 6
6.02 Residential Metering 10 6
6.03 Meter Tests 10 6
6.04 Meter Tests by Request 10 6
6.05 Measurement Standards 11 6
VII. Main and Service Extensions 12 7
7.01 Main Extensions 12 7
7.02 Service Extensions From Existing Mains 13 7
7.03 Relocation of Gas Service Facilities 13 7
7.04 Main and Service Extensions Amortization Surcharge 13 7
VIII. Force Majeure 14 8
8.01 Suspension of Obligation 14 8
8.02 Definition 14 8
IX. End Use Curtailment or Interruption Plan 15 9
9.01 Application 15 9
9.02 Definitions 15 9
9.03 Curtailment Priorities 15 9
9.04 Curtailment of Customer-Owned Gas 15 9
9.05 Curtailment Notice 16 9
9.06 Overrun Penalties and Charges 16 9
9.07 Withholding of Gas Service 16 9
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9.08 Liability 16 9
X. Housing Development Incentives 16 10
10.01 Application 16 10
10.02 Value Rating Chart 17 10
10.03 Time 17 10
RATE SCHEDULES
DLM District Labor and Material Charges 17 20
RSS Residential Sales Service 18 21
RSAC Residential Gas Air Conditioning Sales Service 19 22
CSS Commercial Sales Service 19 23
ISS Interruptible Sales Service 20 24
TS Transportation Service 21 25
NCR Negotiated Contract Rate Service 27 26
PGCR Purchased Gas Cost Recovery Provisions 28 27
FORMS
I Request for Service, Residential 28 40
II Request for Service, Commercial Sales 30 41
PRO FORMA CONTRACTS
I Transportation Service 31 70
II Marketer-Lang Customer Contract 50 71
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RULES AND REGULATIONS
First Revised Sheet No. 1
ARTICLE I
TECHNICAL WORDS, PHRASES, TERMS AND ABBREVIATIONS
Except where the context requires another meaning, the following words, phrases, terms
and abbreviations shall be construed to have the following meanings:
1.01 Abbreviations.
(01) Btu British thermal unit
(02) CCF One hundred cubic feet
(03) CFM Cubic feet per minute
(04) CF Cubic feet
(05) CFH Cubic feet per hour
(06) CSS Commercial Sales Service Rate Schedule
(07) DLM District Labor and Material Rate Schedule
(08) DNQ Daily Nominated Quantity
(09) FERC Federal Energy Regulatory Commission
(10) FGT Florida Gas Transmission Company
(11) ISS Interruptible Sales Service Rate Schedule
(12) MCF One thousand cubic feet
(13) MDSQ Maximum Daily Standby Quantity
(14) MDTQ Maximum Daily Transportation Quantity
(15) NCR Negotiated Contract Rate Service Rate Schedule
(16) PGCR Purchased Gas Cost Recovery Provisions
(17) psi Pounds per square inch
(18) psia Pounds per square inch absolute
(19) psig Pounds per square inch gauge
(20) RSS Residential Sales Service Rate Schedule
(21) RACSS Residential Air Conditioning Sales Service Rate Schedule
(22) TS Transportation Service Rate Schedule
1.02 Billing Period. The Billing Period is each month, based on regularly scheduled meter
readings which are approximately 30 days apart.
1.03 British Thermal Unit. The quantity of heat required to raise the temperature of one
pound of water from 59.0 degrees Fahrenheit to 60.0 degrees Fahrenheit at a constant pressure of
14.73 p.s.i.a.
1.04 Cubic Foot of Gas. For gas delivered at the Standard Delivery Pressure, a cubic foot of
gas is the volume of gas which, at the temperature and pressure existing in the meter, occupies
one cubic foot. For gas delivered at other than the Standard Delivery Pressure, a cubic foot of gas
is that volume of gas which, at a temperature of 60 degrees Fahrenheit and at absolute pressure
of 14.98 pounds per square inch, occupies one cubic foot
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1.05 Customer. Any person (i.e., individual, firm, partnership, district, corporation,
municipality, cooperative organization, association, governmental agency, or similar
organization) supplied with Gas Service by the District.
1.06 All pipe, fittings, appliances and apparatus of every type
(except metering, regulating and other similar equipment which remains the property of the
District) located on the Customer's side of the Point of Delivery and used in connection with or
forming a part of an installation for utilizing Gas for any purpose.
1.07 Day, Daily or Delivery Gas Day. When capitalized, a twenty-four (24) hour period
beginning and ending at 10:00 a.m. Eastern Time (or such other time as may be provided for a
rence date for any Day shall be the
calendar date upon which said period commences. When not capitalized, day or business day
shall mean a civil day other than Saturday, Sunday, or holiday resulting in the close of business
for the District.
1.08 District. Lake Apopka Natural Gas District, an independent special district created by
the legislature of the State of Florida by Chapter 59-556, Laws of Florida, 1959, and
subsequently modified and reauthorized by Chapter 74-553, Laws of Florida, 1974, and Chapter
99-454, Laws of Florida, 1999.
1.09 Florida Agriculture. Agricultural business within the service territory of the District, as
demonstrated by current annual assessment from the County Property Appraiser of bona fide
agricultural classification for the business location within the District.
1.10 Gas. Natural gas or a mixture of gases suitable for fuel, delivered through the District's
distribution system, having a heating value of not less than 950 Btu's per cubic foot.
1.11 Gas Service. The supplying of Gas or the transportation of Gas by the District to a
Customer.
1.12 Gas Service Facilities. The service line, meter, and all appurtenances thereto necessary
to convey Gas from the District's Main to the Point of Delivery and which are owned by District.
1.13 Heat Only Customer. A residential Customer who receives Gas Service from the
District for no purposes other than air space heating and operating a gas grill and gas lights.
1.14 High Pressure. Gas delivered at any pressure above the Standard Delivery Pressure.
1.15 Main. The pipe and appurtenances installed in an area to convey Gas to other mains or
to service areas.
1.16 Meter. Any device or instrument used to measure and indicate volumes of Gas which
flow through it.
1.17 Normal Business Hours. 8 a.m. to 5 p.m. Monday through Friday, excluding
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holidays.
1.18 Point of Delivery. The point at which District's Gas Service Facilities are connected to
the Customer's Installation, normally the outlet side of the Meter.
1.19 Request for Service. A request for Gas Service submitted to the District by a
1.20 Rate Schedule. A statement of the rates or charges for a particular classification of all
classes of Customers for Gas Service and the provisions, terms, conditions, classifications,
practices and rules and regulations affecting such rates or charges.
1.21 Service or Service Line. The pipes, regulators, meters and similar equipment installed
1.22 Standard Delivery Pressure. The Standard Delivery Pressure is seven inches of water
column above atmospheric pressure. Normal atmospheric pressure throughout the District's
service area is assumed to be 14.73 p.s.i.a. No adjustment will be made for variations from the
normal atmospheric pressure at the Customer's meter.
1.23 Therm.
Second Revised Sheet No. 2
ARTICLE II
INITIATION OF SERVICE
2.01 REQUEST FOR GAS SERVICE. Gas Service may be requested by a prospective
Customer by submitting to District a completed Request For Gas Service and establishing
creditworthiness pursuant to section 4.01, below.
2.02 ACCEPTANCE OF REQUEST FOR GAS SERVICE . A Request For Gas Service shall
be deemed to be accepted by the District when Gas Service pursuant thereto is initiated.
2.03 OBLIGATION OF CUSTOMER AND District. The terms and conditions of the
Customer's Request For Gas Service, these Rules and Regulations, and the applicable Rate
Schedules shall become binding upon the Customer and District upon acceptance by the District
of the Customer's Request For Gas Service.
2.04 TURN ON AND CONNECTION CHARGES. Whenever Gas Service is established or
reestablished at any location, the charges set forth in rate schedule DLM will be made:
2.05 WITHHOLDING OF GAS SERVICE. District will not provide Gas Service:
(1) to any Customer where it finds that providing Gas Service will create an unsafe or
hazardous condition;
(2) to an existing or prospective Customer where such Customer's use of Gas is or will
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be detrimental or hazardous to, or jeopardize, the Gas Service supplied to other Customers;
(3) to any Customer when that Customer is in arrears in payment for Gas Service at that
location or another location in the District's service area.
2.06 DISCONTINUANCE OF GAS SERVICE FOR UNAUTHORIZED USE OF GAS.
District will discontinue Gas Service without notice in the event of tampering with regulators,
valves, meters or other facilities furnished and owned by District, or other unauthorized or
fraudulent use of Gas Service. Whenever Gas Service is discontinued for unauthorized or
fraudulent use thereof, the District, before restoring Gas Service, will require Customer to make,
at Customer's expense, all changes in piping or equipment necessary to eliminate the
unauthorized or fraudulent use, and to pay an amount reasonably estimated as the deficiency in
District's revenue and all costs incurred by District resulting from such unauthorized or
fraudulent use.
2.07 LIMITATION OF USE. Gas delivered to a Customer shall be for such Customer's own
use and shall not be resold by such Customer, either by submetering or otherwise. In case of
any unauthorized submetering, sale, or disposition of Gas by a Customer, Gas Service to such
Customer shall be discontinued and will not be restored until such unauthorized activities have
ceased and all bills outstanding have been paid in full. Billings for Gas sold or disposed of by the
Customer shall be recalculated under appropriate rate schedules and, in addition, a bill will be
rendered to the Customer for all expenses incurred by the District for clerical work, testing, and
inspections in connection with such recalculation.
2.08 PRESSURE. District shall make reasonable efforts to maintain its Standard Delivery
Pressure of 14 .98 p. s. I. a. (14. 73 plus .25 p. s. I. g. ) (seven inches water column) at the Point
of Delivery. Where delivery pressure higher than Standard Delivery Pressure is supplied, District
will make reasonable efforts to maintain such higher delivery pressure.
2.09 HIGH PRESSURE. The District does not undertake to deliver Gas at a pressure higher
than the Standard Delivery Pressure throughout its service areas. Prospective industrial and large
commercial Customers who desire to utilize Gas at pressures higher than the Standard Delivery
Pressure should inquire of the District to determine the pressure that the District can make
available at any given location in its service territory before obtaining any equipment requiring
pressures higher than the Standard Delivery Pressure.
Original Sheet No. 3
ARTICLE III
CUSTOMER'S INSTALLATION
3.01 GENERAL. Customer's Installation shall be constructed, installed and maintained, at
governmental codes and ordinances applicable thereto, these Rules and Regulations and other
applicable governmental requirements.
3.02 INSPECTION OF CUSTOMER'S INSTALLATION. Where governmental inspection of
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a Customer's Installation is required, District will not supply Gas Service to such installation
until all governmental authorities having jurisdiction have inspected and approved the
thereof, is in viol
Installation and Gas Service will be restored only when the noncomplying condition has been
corrected..
3.03
Installation which will affect the operation of any portion of the distribution system of the
District shall be made without written consent of the District. The Customer will be liable for
any damage to the District resulting from a violation of this rule.
3.04 OWNERSHIP OF PROPERTY. The District will own, operate and maintain all service
pipes, regulators, vents, meters, meter connections, valves and other apparatus from District
Main to the outlet side of the Meter.
3.05 RIGHT OF WAY. Customer shall grant to District, without cost to District, all rights,
easements, permits and privileges which in District's opinion are necessary for the rendering of
Gas Service. Customer will furnish to District, without charge, an acceptable location for
District's Meter.
3.06
District's property on Customer's premises, and shall permit no one but District's agents or
employees, or persons authorized by law, to have access to District's piping, meters or apparatus.
In the event of any loss or damage to District's property caused by or arising out of carelessness
or misuse thereof by Customer, Customer shall pay to District the cost of replacing such loss or
repairing such damage.
3.07 ACCESS TO PREMISES. Customer shall give District's authorized agents and
employees access to Customer's property at all reasonable hours for the purpose of installing,
inspecting, maintaining or removing its facilities on Customer's premises, reading Meters and
performing such other actions as are incidental to furnishing or terminating Gas Service to
Customer.
3.08
operate, change or tamper with any of the District's facilities.
3.09 INDEMNITY. Customer shall indemnify, hold harmless, and defend the District from
and against any and all liability, proceedings, suits, cost or expense for loss, damage or injury to
persons or property, in any manner directly or indirectly connected with or growing out of the
Delivery.
3.10
request, Customer shall pay the District the service charges for such work set forth in Rate
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Schedule DLM.
3.11 EXCESS FLOW VALVES. Prior to, or immediately after, installing a new Customer
Service Line or replacing an existing Service Line, the District will notify the Customer of the
availability of an excess flow valve, the safety benefits of these valves and the costs of their
installation. Excess flow valves meeting the performance standards prescribed by the United
States Department of Transpiration will be made available upon request of the Customer and, if
requ
pays all the costs of installation, including the cost of the valve itself. In addition, the Customer
shall pay all costs of maintenance and repair on the excess flow valve regardless of where it may
Second Revised Sheet No. 4
ARTICLE IV
DEPOSITS
4.01 ESTABLISHMENT OF CREDIT. Each prospective Customer shall establish credit prior
to the commencement of Gas Service by District as follows:
(1) Residential Customers shall establish credit by making a cash deposit in the sum of
$125.00; provided, however, if Gas Service to a residential Customer has been discontinued for
non-payment of bills rendered by the District, the deposit requirement for restoration of Gas
Service shall be $175.00.
(2) All non-residential Customers shall establish credit by making a cash deposit with the
District equal to two times the estimated average monthly bill to be rendered by the District
during periods of peak Gas usage.
(3) As an alternative to making a cash deposit, a non-residential Customer shall have the
option of establishing credit by one of the following methods:
(a) Furnishing an irrevocable letter of credit from a bank, or a surety bond, issued
by a company with an A.M. Best Rating Service rating of B/VI or higher for bonds up to
$50,000 in amount and a rating of A-/VII or higher for bonds over $50,000 in amount. The
amount of such deposit, letter of credit or surety bond shall be equal to two times the estimated
average monthly bill during periods of peak Gas usage.
(b) By possessing and maintaining a Standard & Poor's Long Term Debt Rating
of A- ,or better, or by possessing and maintaining a Moody's rating of A3 or better. Comparable
ratings will be considered from other nationally recognized rating organizations acceptable to
the District.
(c) If the Customer's debt is not rated and the Customer's aggregate annual usage
is 500,000 Therms or more, credit may be established by demonstrating adequate financial
strength and stability. Upon request of a Customer whose annual usage is 500,000 Therms or
more, the District will evaluate the Customer's creditworthiness by reviewing the Customer's
audited financial statements for at least the two most recently completed fiscal years. These
audited financial statements must be furnished by the Customer and must be accompanied by
the opinion of independent certified public accountants or chartered accountants of recognized
national or regional standing. In evaluating the Customer's creditworthiness, the District will
consider the following financial factors: the Customer's tangible net worth, the interest coverage
ratio, the ratio of long term debt to tangible net worth, and the Customer's net cash flow. In
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evaluating the Customer's credit-worthiness, the District may also consider other known factors
relating to the Customer's creditworthiness. Accounts for which credit is established pursuant to
this section (3) are subject to periodic review by the District to assure that no material changes
adversely affecting the Customer's credit-worthiness have occurred. Each Customer for whom
credit is established pursuant to this section (3) shall annually furnish audited financial
statements, together with the opinion of independent certified public accountants or chartered
accountants of recognized national or regional standing, to the District within 90 days following
the conclusion of the Customer's fiscal year. In the event (i) the debt rating or audited financial
statements are unacceptable to the District, or become unacceptable, or (ii) the Customer pays
with a check dishonored by a bank, or (iii) the Customer fails to comply with the District's Rules
and Regulations, credit may be established by either a cash deposit, a letter of credit or a surety
bond.
(4) A parent company may serve as a guarantor for a subsidiary company to secure the
payment of bills for Gas Service provided the parent company can meet the requirements for
establishing credit as stated in subsections (2) or (3), above.
4.02 NEW OR ADDITIONAL DEPOSITS. Whenever a non-
usage increases for reasons likely to recur (such as, for instance, installation of additional gas
appliances or increased work schedules) to the extent that the actual or estimated charges for Gas
Service for two peak Gas usage Billing Periods will exceed the amount of the cash deposit, or
other security, made or furnished by the Customer, the District will require, upon thirty (30) days
written notice delivered to Customer separate and apart from any bill for Gas Service, an
Section 4.01, above, so that the amount of the cash deposit, or other security, is equal to the then
current actual or estimated charges for Gas Service for two peak Gas usage Billing Periods. If
Customer has received Gas Service continuously during the 12 month period immediately prior
to the date of notice, actual Gas consumption shall be used. If Customer has received Gas
Service for less than 12 months, then District will base the amount of the new or additional cash
deposit, or other security, upon estimated Gas usage when actual Gas usage is not available.
The 30 day notice shall not apply when Gas Service is being reestablished after discontinuance
of service for non-payment.
4.03 RECEIPT FOR CASH DEPOSIT. A non-transferable receipt will be issued to a
Customer for any cash deposit and means provided so that such Customer may claim the deposit
if the receipt is lost.
4.04 RECORD OF DEPOSIT. With respect to a cash deposit, District will keep-records to
show:
(1) The name of the Customer making the deposit;
(2) The premises occupied by the Customer;
(3) The date and amount of the deposit; and
(4) Each transaction concerning the deposit.
4.05 INTEREST ON CASH DEPOSIT. District will not pay interest on cash deposits for Gas
Service.
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4.06 REFUND OF DEPOSIT WHEN GAS SERVICE IS DISCONNECTED. Upon
termination of Gas Service, a cash deposit may be credited against the final account and the
balance, if any, shall be returned to the Customer within fifteen (15) days after Gas Service is
discontinued.
4.07 DISHONORED CHECKS. Customer shall pay a service charge in accordance with
Section 832.07, Florida Statutes, as may be amended from time to time, of $25, if the face value
does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the
face value exceeds $300, or an amount of up to 5 percent of the face amount of the check,
whichever is greater, for each check delivered to the District which is dishonored by the bank
upon which it is drawn. Gas Service will be terminated for failure to pay such dishonored check
charge.
First Revised Sheet No. 5
ARTICLE V
BILLING
5.01 BILLING PERIODS. The District will render bills for Gas Service each month at
intervals of approximately 30 days; provided, however, if a Customer is, or during the past six
(6) months has been, in arrears in the payment of bills for Gas Service, the District, as an
alternative to discontinuance of Gas Service, may initiate more frequent billing and payment
periods as a means of eliminating, or avoiding recurrence of, an arrearage in payment.
5.02 RECEIPT OF BILLS. Bills shall be considered received by Customer when mailed to
the most recent billing address supplied by Customer to District.
5.03 NON-RECEIPT OF BILLS. Failure of Customer to receive a bill shall not relieve
Customer of its obligation to pay the bill.
5.04 INITIAL OR FINAL BILLS. When the period of Gas Service for which an initial or
final bill is rendered is less than a normal Billing Period, the Customer shall be charged the
normal customer charge multiplied by the result of the number of days Gas Service was rendered
during the Billing Period divided by thirty (30); provided, however, when the period of Gas
Service is seventy-five (75) percent, or more, of a normal Billing Period, there shall be no
reduction in the normal customer charge.
5.05 CUSTOMER DISCONTINUANCE OF SERVICE. Unless otherwise provided in the
specific Rate Schedule under which Customer receives Gas Service, a Customer intending to
discontinue Gas Service shall furnish notice of such intent to District not less than five business
days prior to the desired date of such discontinuation. Customer shall be responsible for all Gas
Service provided to the premises at which discontinuance is desired until the expiration of five
business days following District's receipt of the notice required above. District will
automatically terminate Gas Service to a Customer after acceptance by District of a Request For
Gas Service of a succeeding occupant of the premises previously occupied by the Customer
requesting termination of Gas Service.
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5.06 CALCULATION OF BILL. If a Customer takes Gas Service under more than one Rate
Schedule at a single Delivery Point, the bill shall be calculated separately for the Gas Service
provided under each such Rate Schedule. If a Customer takes Gas Service under one or more
Rate Schedules at two or more Points of Delivery, a bill shall be calculated separately for Gas
Service provided under each Rate Schedule at each Point of Delivery. If District must, for
reasons of its convenience, establish more than one Point of Delivery at a single premise, the
readings of the Meters for like classes of service will be combined.
5.07 DELINQUENT BILLS. A bill shall be considered delinquent upon the expiration of
fifteen (15) days from the date of mailing or other delivery thereof by District. Charges for
services due and rendered which are unpaid as of the past due date are subject to a Late Payment
Charge of $5.00 or 1.5% of the balance , whichever is greater, except the accounts of federal,
state, and local governmental entities, agencies, and instrumentalities. A Late Payment Charge
shall be applied to the accounts of federal, state, and local governmental entities, agencies, and
instrumentalities at a rate no greater than allowed, and in a manner permitted by applicable law.
5.08 DISCONTINUANCE OF SERVICE FOR NON-PAYMENT OF BILLS. Gas Service
will be discontinued for non-payment of bills but only after District has made a diligent attempt
to have the Customer make payment, including at least five (5) business days' written notice to
Customer, such notice being separate and apart from any bill for Gas Service, unless the
controversy over the nonpayment has been resolved through mutual agreement, or successfully
disputed by Customer.
5.09 ADJUSTMENT OF BILLS FOR METER ERROR. If a Meter is found to be in error,
bills will be adjusted in the following manner:
(1) Whenever a Meter is found to have an average error of more than two percent (2%)
fast (
the period since the last meter test. This one half period will not exceed twelve (12) months
unless it can be shown that the error was due to some cause, the date of which can be fixed, in
which case the overcharge shall be computed back to, but not beyond, such date based on
available records. If the Meter has not been tested, the period for which it has been in service
beyond the regular test period will be added to the twelve (12) months in computing the refund.
The refund will not include any part of any customer charge.
(2) Whenever a Meter tested is found to have an average error of more than two-percent
l Customer an amount equal to the unbilled
error. If District has required a meter test deposit, Customer will be billed only for the portion of
the unbilled error which is in excess of the deposit retained by District.
(3) District will back bill Customer if a Meter is found to be slow, non-registering or
partially registering. District will not back bill for any period greater than twelve (12) months
from the date it removes the meter of a Customer, which Meter is later found by District to be
slow, non-registering or partially registering. If it can be ascertained that the Meter was slow,
nonregistering or partially registering for less than twelve (12) months prior to removal, then
District will back bill only for the lesser period of time. Customer may extend the payments of
the back bill over the same amount of time for which District issued the back bill.
(4) In the event of a non-registering or a partially-registering Meter, Customer will be
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billed on an estimate based on previous bills for similar usage. When a Meter is found to be in
error in excess of the prescribed limits of two percent (2%) fast or slow, the figure to be used for
calculating the amount of refund or charge shall be that percentage of error as determined by the
test.
(5) In the event of unauthorized use, Customer will be billed on an estimate of the Gas
ther facts and
during the period of unauthorized use.
Original Sheet No. 6
ARTICLE VI
MEASUREMENT
6.01 MEASURING EQUIPMENT. District will provide, install, own, operate and maintain at
its expense the Meters, recording devices and regulating or measuring equipment needed to
accurately measure the quantity of Gas provided to Customer, except for specialty equipment
needed for Customers who elect to receive transportation service from the District. All
Customers receiving transportation service shall be responsible for all costs associated with the
purchase, installation and maintenance of metering devices and, if required, telemetering
equipment; however, the metering equipment shall be the property of the District. The
expense such check measuring equipment as desired provided that such equipment shall be so
installed as no
6.02 RESIDENTIAL METERING. Except as hereinafter provided, each separate residential
occupancy unit shall be individually metered. Individual meters shall not be required, and
master metering permitted, for separate residential occupancy units:
(1) where dimensions or physical configurations of the units are subject to alteration;
(2) where Gas is used in central heating, water heating, ventilating and air conditioning
systems, or gas back up service to storage heating and cooling systems;
(3) in specialized-use housing accommodations such as hospitals and other health care
facilities, college dormitories, convents, sorority or fraternity houses, motels, hotels and similar
facilities;
(4) in specially designated areas for overnight occupancy at trailer, mobile home and
recreational vehicle parks where permanent residency is not established;
(5) in marinas where living aboard is prohibited by permanent means; or
(6) where individual Gas Service would otherwise be required above the second story.
6.03 METER TESTS. District will periodically test Meters to ensure they properly and
accurately measure the Gas Service provided to Customer.
6.04 METER TEST BY REQUEST. Customer may request the Meter be tested pursuant to
the following conditions and provisions:
(1) Upon written request of a Customer, District shall, without charge, make a test of the
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accuracy of the Meter in use at Customer's premises; provided (i) that the Meter has not been
tested by District within 12 (twelve) months previous to such request and (ii) that Customer
agrees to accept the results of such test as the basis for the adjustment of disputed charges.
(2) Should Customer request a meter test more frequently than once a year, District will
require a deposit to defray the cost of testing not to exceed $100.00 for each test. If the Meter is
found to be more than two percent (2%) fast, the deposit shall be refunded, but if below this
accuracy limit the deposit will be retained by District as a service charge for conducting the test.
(3) Customer may witness the Meter test. A written report, giving the results of the test,
shall be furnished to Customer upon request.
6.05 MEASUREMENT STANDARDS. For purposes of measurement of Gas, the following
standards shall be applied.
(1) Base Conditions. The following base conditions shall apply:
(a) A standard cubic foot for measurement purposes shall be the volume of such
cubic foot at a temperature of 60 degrees Fahrenheit and an absolute pressure of 14.73 psia
(b) The average atmospheric pressure shall be assumed to be fourteen and seventy
three hundredths pounds per square inch absolute (14.73 psia) irrespective of actual elevation or
location of the point of measurement or of variations in such atmospheric pressure from time to
time.
(2) Volumetric Measurement. The following standards and assumptions shall apply to
measurement of volume:
(a) The Standard Delivery Pressure shall be 14.98 psia and the standard delivery
temperature shall be 60 degrees Fahrenheit.
(b) For purposes of billing computations a Cubic Foot of Gas shall be that
quantity which, at a pressure of 14.98 psia and a temperature of 60 degrees Fahrenheit, occupies
one cubic foot.
(c) When deliveries are made at flowing pressures in excess of the Standard
Delivery Pressure, metered volumes shall be corrected for such variation through utilization of
recorded flowing pressure data, correction devices which are an integral part of the Meter
installation, or by correction factors for fixed pressure deliveries.
(d) With respect to Gas delivered at High Pressure, flowing gas temperature shall
be assumed to average 60 degrees Fahrenheit for all measurement, unless the Customer and the
District agree otherwise. When an assumed flowing temperature of 60 degrees Fahrenheit is not
used, the temperature shall be determined as the arithmetic average of flowing temperatures as
recorded by a temperature recorder, if such a recorder is utilized, or through the use of correcting
indices or temperature compensating meters. Where recording or compensating devices are not
installed, the temperature of the Gas shall be assumed to be the climatological 30 year average
monthly temperature as established by the nearest National Oceanic and Atmospheric
Administration Weather Bureau, and published by the Department of Commerce.
(e) Unless determined to be otherwise by a gravity balance the specific gravity of
the flowing gas shall be assumed to be 0.6.
(f) When sales or transportation volumes are metered at pressures of 10 psig
(pounds per square inch gauge) and over, and where such volumes are also corrected for flowing
temperatures other than assumed 60 degrees Fahrenheit, such volumes shall be corrected for
deviations from Boyles Law by use of the appropriate supercompressibility factor.
(3) Billing Units. For purposes of billing, the unit shall be determined as follows:
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(a) The billing unit of Gas shall be the Therm. The number of Therms billed to a
Customer shall be determined by multiplying the number of Cubic Feet of Gas delivered at 14.98
psia and 60 degrees Fahrenheit, by the total heating value of such gas and dividing the product
by 100,000.
(b) The total heating value of the Gas delivered to the Customer shall be
determined as that reported monthly by the District's gas supplier, provided such value is
applicable to the Gas delivered to the Customer, or such value shall be determined by the District
by use of a calorimeter or other instrument suitable for heating value determination. The total
heating value shall be corrected to and expressed as that contained in the unit of sales and
transportation volume defined above.
(4) Quality. The District shall deliver Gas which is free of dangerous or objectionable
quantities of impurities such as hydrogen sulphide or other impurities which may cause
excessive corrosion of Mains or piping or from noxious or harmful fumes when burned in a
properly designed and adjusted burner. This provision is intended to protect the health and safety
of the public and in no manner does it guarantee compatibility with the operation of delicate or
sensitive machinery, instruments, or other types of apparatus which my be damaged by moisture,
grit, chemicals or other foreign substances which may be present in the Gas but which are
nevertheless within limits recognized as allowable in good practice.
First Revised Sheet No. 7
ARTICLE VII
MAIN AND SERVICE EXTENSIONS
7.01 MAIN EXTENSIONS. Whenever a prospective Customer or other person, such as a real
estate developer, municipality, township, county, or other authority (hereinafter referred to as
"Depositor") , requests gas service at a location where the District does not have a Main, the
District will extend its Mains and Gas Service to serve the prospective Customer or Customers
under the following conditions:
(1) The extension of gas service to the prospective Customer will not jeopardize gas
service to existing Customers.
(2) The District determines, in its sole discretion, that it has sufficient capital resources
available for Main extension purposes to finance its obligations under the Main extension
policies.
(3) The maximum capital cost to be incurred by the District for an extension of Main and
service facilities shall be defined as the Maximum Allowable Construction Cost (hereinafter
seven times the estimated annual revenue
to be derived from the facilities less the cost of Gas. Where the District, in its reasonable
discretion, believes that there is significant uncertainty regarding the revenues to be derived from
sales made from the requested extension of Main and service facilities, the District shall use
reasonable efforts to calculate the MACC giving due consideration to such uncertainty.
(4) Where the facilities to be installed will require an investment by the District in excess
of the MACC, the District will construct the necessary facilities provided the Customer or
Depositor deposits with the District an amount equal to the excess of the estimated actual
construction cost over the MACC. In this case, the District and the Depositor will then enter into
ding for
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receipt of the deposit by the District, the respective obligations of the parties in connection with
the Main extension and the terms and conditions for a refund, if any, to the Depositor. The
deposit will be used by the District to finance the cost of extending the Mains and related
facilities and will not bear interest.
(5) Refund of Deposits. Deposits shall be refunded to Depositors in accord with the
following procedures:
(a) As new Customers connect to the extended Main or service facilities, and no
less often than on each of the first seven anniversaries of the date on which the deposit is made to
the District, the District shall refund to the Depositor an amount equal to (I) the actual or
estimated annual revenue, less the cost of gas, derived from sales to Customers served by the
extended facilities, less (ii) the MACC as determined in paragraph 7.01(3), above, divided by
seven (7).
(b) For each additional Customer taking gas service from any point on the
extended Main or service facilities within a period of seven (7) years from the date of
construction, the District shall refund to the Depositor the amount by which the MACC of the
new Customer exceeds the cost of connecting such new Customer, provided that an additional
Main extension shall not have been necessary to serve such additional Customer. Where the
Depositor and the District agree that new Customers are likely to connect to the extended
facilities over a period longer or shorter than seven years, the Depositor and the District may
agree, within the Construction Deposit Agreement, to provide for refunds over such longer or
shorter period as the parties agree is reasonable and appropriate under the circumstances.
(c) The aggregate refund to any Depositor made through the provisions of (a) and
(b) above shall not exceed the original deposit of such Depositor.
(d) The extension shall at all times be the property of the District, and any
unrefunded portion of said deposit at the end of seven (7) years, or such longer or shorter period
as may be agreed by the Depositor and District pursuant to subsection (5)(b) above, shall accrue
to the District.
7.02 SERVICE EXTENSIONS FROM EXISTING MAINS. The District will install, at no
charge to the Customer, the Gas Service facilities, commencing from an existing Main, necessary
to serve a Customer applying for gas service, where the cost of such Service extension does not
exceed the MACC as defined in section 7.01(3), above. Customers not meeting the above criteria
will be required to make a contribution in aid of construction based on the difference between the
cost of the required Service facilities and the MACC as calculated for each respective Customer.
7.03 RELOCATION OF GAS SERVICE FACILITIES. When alterations or additions to
structures or improvements on premises to which the District renders Gas Service necessitate the
relocation of District's metering equipment, or when such relocation is requested by the
Customer for whatever reason, Customer may be required to reimburse the District for all or any
part of the costs incurred by the District in the performance of such relocation.
7.04 MAIN AND SERVICE EXTENSIONS AMORTIZATION SURCHARGE. In cases
where (i) the estimated actual cost of extending necessary Main and Service facilities exceeds the
MACC; (ii) the District, in its reasonable discretion, determines that there is a reasonable
likelihood that such extension will produce sufficient revenue to justify the necessary investment
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in such facilities; and (iii) the District determines that the credit-worthiness of the party or parties
requesting the extension is satisfacto