Tariffs

The following terms, when used in this Tariff for Electric Service, have the following definitions:

370.1 - Agreement for Electric Service
A written contract between Cooperative and Customer under which Cooperative provides electric service.

370.2 - Codes
Codes governing electrical installations.

370.3 - Commission
The Public Utility Commission of Texas.

370.4 - Conductors Considered Outside of Building
Cooperative, conductors may be considered outside of a building or other structure under any of the following conditions: (1) where installed under not less than two inches of concrete beneath a building or other structure, or (2) where installed within a building or other structure in a raceway that is enclosed concrete or brick not less than two inches thick.

370.5 - Connected Load
The combined electrical requirement (i.e., the sum of the capacities and/or ratings) of all motors and other electric power consuming devices installed on the Customer’s premises.

370.6 - Contribution in Aid of Construction
A cash payment of Customer to Cooperative in order to prevent burdening other Customers through capital expenditures by Cooperative.

370.7 - Cooperative
Central Texas Electric Cooperative, Inc., its successors and assigns.

370.8 - Customer
An individual, partnership, association, joint venture, corporation, trust, governmental agency or other entity who is receiving, who is an applicant for, or who is receiving the benefit of electric service at a specified point of delivery.

370.9 - Customer’s Electrical Load
The power and energy of all motors and other electricity-consuming devises on Customer’s premises which are operated simultaneously from electric service provided by the Cooperative.

370.10 - Customer’s Electrical Installation
All conductors, equipment, or apparatus of any kind on Customer’s side of the point of delivery, except Cooperative’s metering equipment, used by Customer in taking electric service.

370.11 - Demand
The rate at which electric energy is used at any instant or averaged over any designated period of time.

370.12 - Demand Interval
The specified interval of time on which a demand measurement is based. The Cooperative’s demand interval is normally 15 minutes.

370.13 - Distribution System
Cooperative’s primary and secondary voltage conductors, transformers, switchgear, connection enclosures, pedestals, services, and other associated equipment used to provide electric service.

370.14 - Dwelling Unit
A room or rooms suitable for occupancy as a residence containing kitchen and bathroom.

370.15 - Electric Service
Electric power and energy produced, transmitted and distributed, and provided or made available by Cooperative at the point of delivery.

370.16 - Energy
The measure of how much electric power is provided over time for doing work. The electrical unit is the watt-hour, or kilowatt-hour.

370.17 - Inspection Authority
Generally, an incorporated city or town, but may be an agency of the county, state or federal government.

370.18 - Kilowatt
1,000 watts; abbreviated “KW.”

370.19 - Kilowatt-Hour
1,000 watt-hours; abbreviated “KWh.”

370.20 - Load Factor
The ratio usually stated as a percentage, of actual kilowatt-hours used during a designated time period to the maximum kilowatts of demand times the number of hours occurring in the designated time period.

370.21 - Maximum Electrical Load
The maximum power and energy of all motors and other electricity consuming devices on Customer’s premises which are operated or expected to be operated simultaneously from electric service provided by Cooperative at one point of delivery, measured in kilowatts.

370.22 - Meter
A device, or devices, together with any required auxiliary equipment, for measuring electric service.

370.23 - Permanent Installation
Any installation that is:
A. Constructed on or permanently affixed to a concrete slab or concrete piers (not blocks) and which is actually used or occupied on a permanent full-time basis; or
B. Any other structure which meets all of the following criteria:
1. The structure which must be impractical to move. Mobile homes with wheels, trailer hitch, and axle removed are considered impractical to move;
2. The structure must be actually used or occupied on a permanent full time basis;
3. The structure must be permanently connected to a water system and must also be permanently connected to a sewer or septic system.

370.24 - Person
Any individual, partnership, association, joint venture, corporation, trust, or governmental entity.

370.25 - Point of Delivery
The point where Cooperative’s conductors are connected to Customer’s conductors.

370.26 - Power
The rate at which electric energy is provided for doing work. The electrical unit of power is the watt, or kilowatt.

370.27 - Power Factor
The ratio of real power, in kilowatts, to apparent power, in kilovoltemperes, for any given load and time, generally expressed as a percentage ratio.

370.28 - Raceway
Tubular or rectangular channel or conduit for containing electrical conductors, which may be exposed, buried beneath the surface of the earth, or encased in a building or structure.

370.29 - Rate Schedule
A statement of the method of determining charges for electric service, including the conditions under which such method applies.

370.30 - Service Availability Statement
A statement from the Cooperative designating the acceptable location of the Customer’s service entrance conductors, the proper location of meters and metering equipment, the type of service available which will be made available at the specific location under consideration at the capacity of the service to be provided.

370.31 - Service Drop
Overhead conductors that extend from Cooperative’s overhead distribution system to the point of delivery where connection is made to Customer’s electrical installation.

370.32 - Service Entrance Conductors
Conductors provided by Customer extending from Customer’s electrical equipment to the point of delivery where connection is made.

370.33 - Service Rules and Regulations; or Service Rules
Any service rule or regulation of the Cooperative approved by the Public Utility Commission of Texas and contained in Section III of these Tariffs.

370.34 - Standard Unit Cost
The average cost of labor, material, and overhead for standard construction units of the type installed or to be installed for the customer calculated from work order closeouts. This average is prepared by the Cooperative approximately January 15th and July 15th of each year based on the cost in the most recent 6 months of closed out work orders for which data is available. In the event the Cooperative does not have standard construction units for the type of work to be performed (e.g.: underground) the Cooperative shall charge the actual cost of all labor (including overhead) and material.

370.35 - Tariff(s)
All provisions of this document including but not limited to provisions regarding (1) Utility Operations; (2) Rates and Charges; (3) Service Rules and Regulations; and
(4) Forms.

370.36 - Temporary Electric Service
Electric service provided to Customer for a single, continuous period of time which is less than twelve consecutive months except that construction power, even though provided for a continuous period of time in excess of twelve months, is considered to be temporary electric service.

370.37 - Watt
The rate at which electric power is provided to do work. One watt is the power represented by a current having a component of one ampere in phase with and under a pressure of one volt.

370.38 - Watt-Hour
A unit of work or energy equivalent to the power of one watt operating for an hour.

351.1 - Reasons for Discontinuance

The Cooperative may discontinue service to a Customer under any of the following circumstances:

A. Nonpayment of a Bill
If the Customer fails or refuses to pay a delinquent account for electric service (whether or not based upon estimated billing); or

B. Breach
If Customer fails or refuses to perform any obligation under the terms of the Agreement for Electric Service or a deferred payment agreement; or

C. Interference with Service
If Customer violates any rule pertaining to the use of electric service in a manner which interferes with or is likely to sauce interference with electric service to other Customers or operates nonstandard equipment, provided that the Cooperative has made a reasonable effort to notify the Customer and provided there has been a reasonable opportunity to remedy the situation;or

D. Failure to Make Application for Service
If Customer fails or refuses to make application for service in accordance with these rules in Customer’s true name; o

E. Refusal of Access
If Customer fails or refuses to provide the Cooperative reasonable access to its facilities located on Customer’s premises; or

F. Default on Guaranty Agreement
If a Customer has signed a written Guaranty Agreement for another Customer or applicant and fails or refuses to pay the amount due on the guaranteed account when requested to do so by the Cooperative; or

G. Back Billing
If Customer fails or refuses to timely pay any billing authorized by these rules resulting from previous under billing (whether caused by meter inaccuracy, failure to register, misapplication of rates or otherwise). Correction of billings for meter inaccuracy shall be made for the period of six (6) months immediately preceding removal of the inaccurate meter from service for testing or from the time the meter was in service since last tested, but not exceeding six (6) months; or

H. Hazardous Condition
When a hazardous condition exists in Customer’s installation or equipment; or

I. Meter Tampering
If Cooperative’s meter which serves Customer has been tampered with or bypassed, the Cooperative may discontinue service. For purposes of this section, meter tampering, bypass, or diversion shall be defined as tampering with an electric meter or equipment, bypassing the same, or other instances of diversion, such as physically disorienting the meter, objects attached to the meter to divert service or to bypass, insertion of objects into the meter, and other electrical and mechanical means of tampering with, bypassing, or diverting electrical service or there has been a theft of electric service (Section 31.04 of the Penal Code of the State of Texas) or criminal mischief for having damaged or tampered with the Cooperative’s property (Section 28.03 of the Penal Code of the State of Texas).

The Cooperative may charge for all labor, material and equipment necessary to repair or replace all equipment damaged due to meter tampering or bypassing or other service diversion, and other costs necessary to correct service diversion where there is no equipment damage, including incidents where service is reconnected without authority. An itemized bill of such charges must be provided to the customer. The Cooperative may also estimate and bill the member for electric service over the entire period of meter tampering, meter bypassing or service diversion.

351.2 - Notice of Disconnection

A. Proper Notice Prior to Disconnection for Nonpayment
If a Customer fails or refuses to pay the Cooperative in accordance with the provisions of the Agreement For Electric Service, Service rules, applicable rate schedule, deferred payment agreement, or guaranty agreement, then proper notice shall be given prior to disconnection. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection, with the words “termination notice” or similar language prominently displayed on the notice. The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the Customer.
Attached to or on the face of the termination notice or electric bill shall appear a statement notifying the Customer that if they are in need of assistance with the payment of their bill or ill and unable to pay their bill, they may be eligible for payment assistance or special payment programs such as deferred payment plans, disconnection moratoriums for the ill, or energy assistance programs, and contact the local office of the Cooperative for information on the available programs. If mailed, the cut-off day may not fall on a holiday or weekend, but shall fall on the next working day after the tenth day. Payment at a utility’s authorized payment agency is considered payment to the utility. The Cooperative shall not issue late notices or disconnect notices to the Customer earlier than the first day the bill becomes delinquent so that a reasonable length of time is allowed to ascertain receipt of payment by mail or at the utility’s authorized payment agency.

B. Disconnection Without Notice
Utility service may be disconnected without notice where a known dangerous condition exists for as long as the condition exists or where service is connected without authority by a person who has not made application for service or who has reconnected service without authority following termination of service for nonpayment or in instances of tampering with the Cooperative’s meter or equipment, bypassing the same, or other instances of diversion as defined in Section 23.47 of the Commission’s Substantive Rules (relating to Meters). Where reasonable, given the nature of the hazardous condition, a written statement providing notice of disconnection and the reason therefore shall be posted at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected.

C. Disconnection After Reasonable Notice

1. Electric service may be disconnected for violation of service rules
pertaining to the use of service in a manner which interferes with the service of others or the operation of nonstandard equipment [Section (c)], if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation.

2. Electric service may be disconnected for failure to make application for service [Section 351.1 (D)]; refusal of access [Section 351.1 (E)]; failure to pay a bill to correct previous under billing [Section 351.1 (G)]; default on guarantee agreement [Section 351.1 (F)]; if reasonable notice is given.

3. Reasonable notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection with the words “termination notice” or similar language prominently displayed on the notice.

351.3 - Postponement of Disconnection

A. Disconnection Prohibited

PUC rule 23.46 (d) provides that utility service may not be disconnected for any of the following reasons:

1. Delinquency in payment for utility service by a previous occupant of the premises;
2. Failure to pay for merchandise, or charges for non-utility service provided by the utility;
3. Failure to pay for a different type or class of utility service unless fee for such service is included on the same bill;
4. Failure to pay the account of another customer as guarantor thereof, unless the utility has in writing the guarantee as a condition precedent to service;
5. Failure to pay charges arising from an under billing occurring due to any misapplication of rates more than six months prior to the current billing;                                                             6. Failure to pay charges arising from an under billing due to any faulty metering, unless the meter has been tampered with or unless charges are due under PUC rule 23.47, relating to meters;
7. Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the utility is unable to read the meter due to circumstances beyond its control.

B. Disconnection on Holidays or Weekends
PUC rule 23.46 (e) provides that unless a dangerous condition exists, or unless the customer requests disconnection, service shall not be disconnected on a day, or on a day immediately preceding a day, when personnel of the utility are not available to the public for the purpose of making collections and reconnecting service.

C. Disconnection for Ill and Disabled
PUC rule 23.46 (g) provides that the Cooperative will not discontinue service to a delinquent residential Customer permanently residing in an individually metered dwelling unit when that Customer establishes that discontinuance of service will result in some person residing at that residence becoming seriously ill or more seriously ill if service is discontinued. Each time a Customer seeks to avoid termination of service under this rule, the Customer must have the attending physician call or contact the Cooperative within 16 days of issuance of the bill. A written statement must be received by the Cooperative from the physician (the term “physician” shall mean any public health official, including but not limited to medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, or any other similar public health official) or health care provider within twenty-six
(26) days of the issuance of the Cooperative’s bill. The prohibition against discontinuance of service provided by this rule shall last sixty-three (63) days from the issuance of the Cooperative’s bill or such lesser period as may be agreed upon by the Cooperative and the Customer or physician. The Customer who makes such request shall enter into a deferred payment plan.

D. Disconnection to Energy Assistance Grantees
PUC rule 23.46 (h) provides that no electric utility may terminate service to a delinquent residential customer for a billing period in which the customer has applied for and been granted energy assistance funds if any agency for administration of these funds has notified the utility, prior to the date of disconnection, of approval of an award sufficient to cover the bill, or a portion of the bill so that the customer can successfully enter into deferred payment plan for the balance of the bill.

E. Disconnection During Extreme Weather
PUC rule 23.46 (i) provides that on a day when the previous day’s highest temperature did not exceed 32 degrees F, and the temperature is predicted to remain at that level for the next 24 hours, according to the nearest National Weather Service (NWS) reports, or in zones where an excessive heat alert is in effect as determined by the NWS and reported by the National Oceanic and atmospheric Administration (NOAA), an electric utility cannot disconnect a customer until the utility ascertains that no life-threatening condition exists in the customer’s household, or would exist, because of disconnection during severe weather conditions.

351.4 - Effect of Discontinuance of Service

A. Customer’s Obligations
Discontinuance of service shall not relieve Customer from any obligation to the Cooperative or lessen or change any obligation in any manner.

B. Cooperative’s Rights
Discontinuance of service shall not reduce, diminish, or eliminate any legal right or remedy accruing to the Cooperative on or before the date of discontinuance, nor shall discontinuance operate as a waiver or any legal right or remedy.
Failure of Cooperative to discontinue electric service at any time after default or breach of this tariff, or to resort to any legal remedy or its exercise of any one or more of such remedies does not affect the Cooperative’s right to resort thereafter to any one or more of such remedies for the same or any default or breach by Customer.

351.5 - Dismantling of Cooperative Facilities
A number of consumer connections in the Cooperative area are not being used due to various reasons creating unnecessary investment and maintenance cost of these facilities for which the Cooperative is realizing no revenue. Therefore, it shall be the policy of the Cooperative that the members being serviced by these lines shall be notified that unless they use the service and pay at the minimum bill, these service lines shall be removed, and if they should desire service in the future, the consumer would have to pay the cost of rebuilding such line.
The Cooperative may, however, abandon in place in whole or in part its underground lines and equipment in lieu of removing such facilities.

351.6 - Liability for Discontinuance of Service
The Cooperative shall not be liable for any damages of any kind or character resulting from discontinuance or disconnection made pursuant to these rules.

351.7 - Refund of Membership Fee
Within a reasonable time after discontinuance of service the Cooperative shall make reasonable efforts to refund Applicant’s membership fee if Applicant is no longer required to maintain a membership.

351.8 - Refund of Deposit
After disconnection of service, if service is not reconnected, the Cooperative shall refund the Customer’s deposit, plus accrued interest on the balance, if any, in excess of unpaid bills for service furnished.

350.1 Customer’s Request
Any Customer desiring to discontinue electric utility service from the Cooperative shall make a written request identifying the Customer, the service location where discontinuance is desired, and the date service is requested to be discontinued. Such request shall be filed at any office of the Cooperative.

350.2 Disconnection
Following receipt of Customer’s request for discontinuance of service the Cooperative shall disconnect service. Where practicable disconnection is made on the date requested by the Customer, however, the Cooperative shall not be obligated to make disconnection earlier than the second full business day following receipt of Customer’s request.

Section 340 of this tariff and all subsections thereof apply to the interconnection and parallel operation of all qualifying (QF) and non-qualifying (NQF) power generating installations having a design capacity of 10 Megawatts (10MW) or less, as well as to electric utility service to such generating installations. Qualifying generating facilities are those facilities using renewable resources, (such as wind, photovoltaics, biomass, etc.), to power the generating unit (see 340.5 Definitions). Power generating installations having a design capacity of 100 kilowatts or less shall be classified as “Small Power Producers”. Power generating installations having a design capacity of more than 100 kilowatts, up to 10 MW, shall be classified as “Large Power Producers. If any other part of these tariffs shall be in conflict with this section, Section 340 shall govern with respect to both small and large power production generating installations. By agreement, the Cooperative and a Large Power Producer may establish additional or different terms, conditions, or rates for the sale or purchase of electricity. Nothing in this tariff shall be construed or interpreted to require the Cooperative to enter into a “Purchase Power” agreement with any Producer.

340.1 Obtaining Interconnection
Any person owning or operating a power generating installation (hereafter called “Producer”) and desiring to interconnect with the Cooperative’s system shall:

A. Comply with Tariff
Producer shall apply for interconnection, provide an easement satisfactory to the Cooperative, and otherwise comply with the tariffs of the Cooperative.

B. Apply for Interconnection, Pay Application Fee

At least sixty (60) days in advance of the desired interconnection date, Producer shall submit the small power generator interconnection application including payment of any non-refundable application fee. In the case of multiple facilities, a separate application including required application fees shall be submitted by the Producer for each interconnection point desired.

For new installations, a non-refundable application fee of $350.00 will be required to be paid by the producer before the Cooperative will consider the application, plus engineering review fees established on a case-by-case basis. A non-refundable Member Request Fee of $75.00 will be required to be paid by the Applicant taking over an existing installation.

The Cooperative may, at its sole discretion, waive the required application fee and other provisions of this tariff in the case of a proposed generating installation which is planned
(i) to be operated in parallel with the Cooperative’s system; (ii) with no intention to export power to the Cooperative; and (iii) that are of standard design and intended entirely as an emergency or back-up power supply for a facility.

C. Provide Information

1. Small Power Producers
At least 60 days in advance of interconnection, Producer shall submit a plan showing the electrical design of the generating installation including equipment for interconnection with the Cooperative’s system. Producer shall also provide such additional information as may be required by the Cooperative. In the event Producer’s plan involves the use of non-standard equipment or design techniques the Cooperative may require such plan be approved by a registered professional engineer. Any review or acceptance of such plan by the Cooperative shall not impose any liability on the Cooperative and does not guarantee the adequacy of Producer’s equipment to perform its intended function.

The Cooperative disclaims any expertise or special knowledge relating to the design or performance of generating installations and does not warrant the efficiency, cost-effectiveness, safety, durability or reliability of generating installations.

2. Large Power Producers
At least 180 days in advance of interconnection, Producer shall submit a plan showing the electrical design of the generating installation including equipment for interconnection with the Cooperative’s system. Producer shall also provide such additional information as may be required by the Cooperative. In the event Producer’s plan involves the use of non-standard equipment or design techniques the Cooperative may require Producer’s plans be approved by a registered professional engineer.

Any review or acceptance of such plan by the Cooperative shall not impose any liability on the Cooperative and does not guarantee the adequacy of Producer’s equipment to perform its intended function.

The Cooperative disclaims any expertise or special knowledge relating to the design or performance of generating installations and does not warrant the efficiency, cost-effectiveness, safety, durability or reliability of generating installations.

D. Pay for Extension of Cooperative’s Facilities
Comply with conditions for extension of the Cooperative’s distribution system as may be determined by the Cooperative in accordance with the following extension policy:

If an extension of Cooperative’s distribution system is required for sale or receipt of electric energy to or from a generating installation, whether or not in conjunction with another use, the Cooperative shall exercise prudent judgment in determining the conditions under which such extension will be made. Each case shall be viewed individually considering (1) cost to provide service, (2) longevity of the load, (3) annual load factor, (4) possibility of other loads developing along the proposed line extension, (5) longevity, capacity, and dependability of power to be received by the Cooperative, (6) anticipated annual revenue, and (7) compatibility with planned system improvements.

The Cooperative may require Producer to pay a contribution in aid-of- construction, advance for construction, or increased annual or monthly minimums and may require a contract term of up to five years.

E. Provide Liability Insurance
1. Small Power Producers
Furnish a certificate from Producer’s insurance carrier showing satisfactory homeowner’s or company insurance which insures Producer against all claims for property damage and for personal injury or death arising out of, resulting from or in any manner connected with the installation, operation and maintenance of the Producer’s generating equipment. The amount of such insurance coverage shall be at least $500,000.00 per occurrence. The certificate shall also provide that the insurance policy will not be changed or canceled during its term without thirty (30) days written notice to the Cooperative.

2. Large Power Producers
Furnish a certificate from Producer’s insurance carrier showing satisfactory liability insurance including contractual liability insurance covering indemnity agreements which insures Producer against all claims for property damage and for personal injury or death arising out of, resulting from or in any manner connected with the installation, operation and maintenance of the Producer’s generating equipment. The amount of such insurance coverage shall be at least
$1,000,000.00 per occurrence. The certificate shall also provide that the insurance policy will not be changed or canceled during its term without thirty
(30) days written notice to the Cooperative.

F. Sign Contract
1. Small Power Producers
Sign and deliver to the Cooperative an Agreement for Interconnection and Parallel Operation of a Cogeneration or Small Power Production Installation; 100 KW or less, the form of which is contained in these tariffs.

2.Large Power Producers
Sign and deliver to the Cooperative an Agreement for Interconnection and Parallel Operation of a Large Power Production Installation; 10 MW or less, the form of which is contained in these tariffs.

G. Complete Construction
Construct the power generating installation and install a disconnect switch and other protective equipment as may be required by the Cooperative to protect its personnel, facilities, and operations.

H. Comply with Laws
Comply with all applicable federal, state, and local laws, ordinances and regulations applicable to power generating installations.

I. Notify Cooperative
Notify the Cooperative in writing at least thirty (30) days in advance of energizing the power generating installation and permit the Cooperative to inspect and test protective equipment.

J. Eliminate Conditions Preventing Interconnection
In the event that it comes to the attention of the Cooperative that there are conditions preventing safe interconnection and proper parallel operation it shall notify Producer and Producer shall not interconnect and/or initiate parallel operation until such conditions are corrected and Producer has provided at least ten (10) days written notice to the Cooperative.

The foregoing are conditions precedent to any obligation of the Cooperative to interconnect to provide any form of electric utility service.

340.2 Parallel Operation
A.Installation
With the exception of only the Cooperative’s meter(s), the Producer shall own and be solely responsible for all expense, installation, maintenance and operation of the power generating installation at and beyond the point where Producer’s conductors contact Cooperative’s system. The Producer’s generating installation shall be designed and installed in accordance with applicable codes, regulations and prudent engineering and utility practices.

B. Self Protected Generating Installation
The Producer shall meet all requirements as specified for its particular installation as described in IEEE Standard 1547 – Standard for Interconnecting Distributed Resources with Electric Power Systems and IEEE Standard 1547.1— Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems.

The Producer will furnish, install, operate and maintain in good order and repair all equipment necessary for the safe operation of the power generating installation in parallel with the Cooperative’s electric distribution system. The equipment will have the capability to both establish and maintain synchronism with the Cooperative’s system and to automatically disconnect and isolate the generating installation from the Cooperative’s system in the event of an outage of the Cooperative’s system or a malfunction of the power generating installation.

The Producer’s power generating installation will also be designed, installed and maintained to be self-protected from normal and abnormal conditions in the Cooperative’s electric distribution system. The conditions for which the power generating installation shall be self-protected shall include, but not be limited to, overvoltage, undervoltage, overcurrent, frequency deviation, and faults. The self protection will be compatible with the Cooperative’s system protection arrangements and operating policies. Specialized protective functions may be required by the Cooperative when, in the sole judgment of the Cooperative, the particular generating installation characteristics and/or distribution system characteristics so warrant.

C. Quality of Service
Producer’s generating installation will generate power at the nominal voltage of the Cooperative’s electric distribution system at the Producer’s delivery point plus or minus five percent (5%) at the nominal system frequency of 60 hz plus or minus one-tenth (1/10) hz. Producer shall generate at a power factor that is as near one hundred percent (100%) as is practicable. In the event that the power factor is less than ninety eight percent (98%) lagging or leading, the Producer will provide proper power factor correction (within two percent (2%) of unity) or reimburse the Cooperative for the cost of any necessary correction.

The overall quality of the power provided by Producer including, but not limited to, the effects of harmonic distortion, voltage regulation, voltage flicker, switching surges and power factor, will be such that the Cooperative’s electric distribution system is not adversely affected in any manner. In the event that adverse effects are caused in whole or in part by Producer’s power generating installation, the Producer will correct the cause of such effects or reimburse the Cooperative for the cost of any required correction.

D. Safety Disconnect
The Producer, or at the Producer’s option, the Cooperative, shall provide and install, at the Producer’s expense, a visible break disconnect switch. The disconnect switch will be located so as to be readily accessible to Cooperative personnel in a location acceptable to both the Producer and the Cooperative. It shall be the type of switch which can be secured in an open position by a Cooperative padlock. The Cooperative shall have the right to lock the switch open whenever, in the judgment of the Cooperative, (1) it is necessary to maintain safe electrical operating or maintenance conditions, (2) the Producer’s power generating installation adversely affects the Cooperative’s electric distribution system, or (3) there is a system emergency or other abnormal operating condition which warrants disconnection.

The Cooperative reserves the right to operate the disconnect for the protection of the Cooperative’s system even if it affects Producer’s power generating installation. In the event the Cooperative opens and closes the disconnect switch it shall not be responsible for energization or restoration of parallel operation of the generating installation. The Cooperative will make reasonable efforts to notify the Producer in the event the disconnect switch shall be operated. The Producer will not bypass the disconnect switch at any time for any reason.

E. Access
Persons authorized by the Cooperative will have the right to enter the Producer’s property for the purpose of operating or inspecting the disconnect switch or metering. Such entry onto the Producer’s property may be without notice. If the Producer erects or maintains locked gates or other barriers, the Producer will furnish the Cooperative with convenient means to circumvent the barrier for access to the disconnect switch and meter(s)

F. Modifications of Cooperative System
In the event that it is necessary at the time of initial interconnection or at some future time for the Cooperative to modify its electric distribution system in order to purchase or continue to purchase Producer’s output, the Producer will reimburse the Cooperative for all just and reasonable costs of modifications which are allocable to the Producer’s small power generating installation. The modifications may include, but are not limited to, special interconnection equipment, protective devices, control devices or upgrading of distribution system components.

G. Liability for Injury and Damages
Producer assumes full responsibility for electric energy furnished to him at and past the point of interconnection and will indemnify the Cooperative against and hold the Cooperative harmless form all claims for both injuries to persons, including death resulting therefrom, and damages to property occurring or in any way arising directly or indirectly from Producer’s generating installation, regardless of any cause or any fault or negligence or gross negligence of the Cooperative. It is the expressed intention of Producer and the Cooperative that the indemnity provided herein applies not only to protect Cooperative from the consequences of Producer’s negligence, but specifically and expressly, to protect the Cooperative from the consequences of Cooperative’s own negligence or gross negligence, whether that negligence or gross negligence is the sole or a concurring cause of the injury, death or damages.

The Cooperative shall not be liable for either direct or consequential damages resulting from failures, interruptions, or voltage and wave form fluctuations occasioned by causes reasonable beyond the control of the Cooperative, including, but not limited to, acts of God or public enemy, sabotage and/or vandalism, accidents, fire, explosion, labor troubles, strikes, order of any court or judge granted in any bona fide adverse legal proceeding or action, or any order of any commission, tribunal or governmental authority having jurisdiction.

For claims resulting from failures, interruptions, or voltage and wave form fluctuations occasioned in whole or in part by the negligence of the Cooperative or its agent (s), the Cooperative shall be liable only for that portion of the damages arising from personal injury, death of persons, or costs of necessary repairs to or reasonable replacement of electrical equipment proximately caused by the negligent acts of the Cooperative or its agent (s). The Cooperative shall not be liable in any event for consequential damages.

H. Metering
If the output of the Producer’s generating installation is to be purchased by the Cooperative, it will be measured by meters as required for the metering option chosen by the Producer. Any necessary meter(s) or meter modification in addition to one standard service meter will be installed, maintained and operated by the Cooperative at the Producer’s expense. A connection will be provided for the meter(s) at the Producer’s expense in a location that is acceptable to both the Cooperative and the Producer. The Cooperative may, at its own expense, supply, install and maintain load research metering for the purpose of monitoring and evaluating the Producer’s generating installation.

The metered output of Producer’s generating installation will be read by the Cooperative and, at the election of the Cooperative, accumulated or monthly readings may be checked at least monthly by representatives of the Cooperative.

The meter(s) will, by comparison with accurate standards, be tested and calibrated as often as necessary. The Producer or the Cooperative may reasonably request such tests, and shall be given notice of not less than five (5) working days when such tests are to be made. Both the Producer and the Cooperative will have the right to be present at such tests. If a meter is found to be inaccurate, it shall be restored to an accurate condition or replaced. If the tests disclose that no unacceptable inaccuracies exist in the meter(s), then the party requesting the tests shall bear the expense of the tests. A report of the results of any tests shall be furnished promptly by the party making such tests to the other party. Any meter(s) registering a deviation of not more than two percent (2%) from normal shall be deemed accurate. The readings of any meter(s) which have been inaccurate shall be corrected according to the percentage of inaccuracy as determined by the tests for a period of no more than ninety (90) days prior to the tests. If any meter fails to register for any period, the facility output during such period shall be estimated in the best manner possible as agreed upon by the Cooperative and the Producer.

I. Additional Metering Option
1. Pre-March 1, 2025 (Net Metering)
Producers using renewable resources with an aggregate design capacity of 100 kilowatts or less shall be offered the option of interconnecting through a single meter that runs forward and backward (“net metering”). Applicable to the original member connected prior to March 1, 2025. Modifications and system upgrades will result in transfer to 2 Register class.
2. Post – March 1, 2025 (2 Registers)
Producers using renewable resources with an aggregate design capacity of 100 kilowatts or less shall be interconnected through a single meter that will maintain separate registers for power delivered to the consumer and for power exported by the consumer to the distribution system. Power registered and delivered to the consumer will be subject to the applicable rate in section 202. Power registered and exported back into the distribution system will be credited back to member at the avoided cost of power.

J. Notice of Change in Installation
Producer will notify the Cooperative in writing fifteen (15) days in advance of making any change affecting the characteristics, performance, or protection of the generating installation. If it comes to the Cooperative’s attention that the modification will create or has created conditions which may be unsafe or adversely affect the Cooperative’s system then it shall notify Producer and Producer shall immediately correct such condition.

K. Insurance
Producer shall continue to maintain insurance as required by the Cooperative prior to interconnection and shall provide proof of such insurance to the Cooperative at least annually.

340.3 Sales to Producer
Producer’s rate class shall be designated by the Cooperative in accordance with the availability and type of service provisions in its rate schedules for all service including Backup, Supplementary, Interruptible, and Maintenance.

340.4 Purchases from Producer
A. Rate
The Cooperative will pay Producer for all power purchased at the following rates:
1. Capacity – No payment unless: Producer provides firm power by contract and Producer’s installation has a nominal operating output of 50 KW or more. The capacity payment shall be negotiated by and between the Cooperative and Producer.
2. Energy
The metered KWH output from the Producer will be purchased at the Cooperative’s total purchased power cost divided by the total kilowatt hours purchased as calculated from the Cooperative’s most recent wholesale power bill.

In the event that the Producer exercises the option to sell power to the Cooperative, there will be, in addition to the minimum monthly bill requirements and access charges under the applicable service rate schedule(s), a customer service charge of $15.00 per month for metering and billing.

B. Refusal to Purchase
The Cooperative may, at certain times and as operating conditions warrant, reasonably refuse to accept part or all of the output of the Producer’s facility. Such refusal shall be based on system emergency constraints, special operating requirements, adverse effects of the Producer’s facility on the Cooperative’s system or violation by the Producer of the terms of the Interconnection Agreement.

340.5 Definitions
A. Power Generating Installation shall mean a small or large power production or cogeneration facility, including any generator, and associated equipment, wiring, protective devices, or switches owned or operated by Producer.
B. A “qualifying facility” shall mean a power production facility qualifying under Subpart B of the Federal Energy Regulatory Commission’s Regulations under Section 201 of the Public Utility Regulatory Policies Act of 1978, including any generator, and associated equipment, wiring, protective devices, or switches owned or operated by Producer.
C. Producer means any person, firm, corporation, partnership, or other entity owning or operating a power generating installation.

340.6 Tariff Revision
This tariff and its requirements are subject to review, reconsideration and updates every five years, or more frequently if the Cooperative determines such review, reconsideration, and updates are necessary.

325.1 Available Information

A. Facilities for Providing Electric Service
The Cooperative maintains at each of its business offices and makes available to applicants and others entitled to the information a current set of maps, plans, and records showing the facilities available for service.

B. Cost of Providing Service
Upon request for service by residential applicant or for transfer of service by a residential customer, the Cooperative informs the Applicant or Customer of the Cooperative’s lowest priced alternatives available at the Customer’s location. The Cooperative shall provide this information beginning with the lowest priced alternative and giving full consideration to applicable equipment options and installation charges. The Cooperative does not assume responsibility that Customer receives electric service under the most favorable rate schedule. If a change in Change in Customer’s load or installation occurs which would make Customer eligible for a more favorable rate schedule, it is Customer’s responsibility to notify Cooperative in writing of such changes and request that a different rate schedule be applied. Cooperative is not required to bill Customer under the more favorable rate schedule until a written Agreement For Electric Service is in effect between Customer and Cooperative specifying the new rate schedule. When Customer selects a rate schedule, or changes its installation to be eligible for selection of new rate schedule, Cooperative is not required to make any refunds covering the difference between the charges under the rate schedule in effect and those under any other rate schedule which would be applicable to the same service.

C. Tariffs
At each of its business offices, the Cooperative maintains and makes available for inspection a copy of its current tariffs including all rate schedules and rates relating to service. A copy of any applicable portion of the tariff will be provided upon request. Notice of the availability of such tariffs is posted in each business office in the same are where applications for service are received.

D. Meter Reading
Upon request, the Cooperative advises its Customers of the method of reading meters.

325.2 Customer Complaints

A. Upon complaint to the Cooperative by a Customer either at its office, by letter or by telephone, the Cooperative shall promptly make a suitable investigation and advise the complainant of the results thereof.

B. In the event the complainant is dissatisfied with the Utility’s report, the Cooperative advises the complainant of the Public Utility Commission’s complaint process.

C. The Cooperative keeps a record of complaints showing the name and address of the complainant, the date and nature of the complaint and the adjustment or disposition thereof for a period of two years subsequent to the final settlement of the complaint. Complaints with reference to rates or charges and complaints which require no remedial action by the Cooperative need not be recorded.

325.3 Interest on Deposits; and Interest on Over/Under Billings
If the Cooperative requires a deposit to be made by an applicant or customer, the Cooperative shall pay interest on such deposit as follows:

1. If refund of deposit is made within 30 days of receipt of the deposit, no interest payment is required;

2. If the Cooperative retains the deposit more than 30 days, payment of interest shall be made retroactive of the date of the deposit.
Payment of the interest to the consumer shall be annually if requested by the consumer or if at the time the deposit is returned or credited to the consumer’s account plus accrued interest.

The deposit shall cease to draw interest on the date it is returned or credited to the customer’s account.

The rates of interest to be paid on customer deposits in accordance with Tex. Rev. Civ. Stat. Ann. Art. 1440a (Vernon 1989) and overbillings or underbillings in accordance with PUC substantive rule 2345(g) are established annually on December 1 for the subsequent calendar year by the Commission as reflected in the order setting interest rates included in this tariff.

When the Customer has paid bills for service for twelve (12) consecutive residential billings or for twenty-four (24) consecutive commercial or industrial billings without having service disconnected for nonpayment of a bill and without having more than two occasions in which a bill was delinquent, and when the Customer is not delinquent in the payment of the current bills, the Cooperative shall promptly and automatically refund the deposit plus accrued interest to the Customer in the form of cash or credit to a Customer’s bill, or void the guarantee. If the Customer does not meet these refund criteria the deposit and interest may be retained.

The Customer shall be obligated to pay the total amount of charges for electric service shown on the Customer’s bill. Such charges shall be calculated in accordance with the Cooperative’s latest approved rate schedule or schedules applicable to the class or classes of service furnished to Customer and these rules. Bills shall be rendered promptly following the reading of meters.

324.1 Determining Usage of Electric Energy
Usage of electric energy (expressed as KWh) shall be determined by a meter reading. The meter reading is conclusive and established absolutely the amount of energy used unless it is shown by meter test that the meter was inoperative or inaccurate, in which case the meter reading shall not otherwise be adjusted. Electric energy usage is measured at the metering point regardless of whether or not it is the same as the point of delivery.

324.2 Meter Reading
The Cooperative reads designated meters monthly. Customers with meters that are not read by the Cooperative are required to read all such meter(s) on their premises monthly. The Cooperative may charge a meter reading fee as provided in section 204.1 of these tariffs.

Unless specifically stated in the applicable rate schedule, all charges are based on a billing month. A billing month or billing period is the period between two consecutive meter reading dates and typically ranges from 28 to 33 days. The Cooperative may check the meter reading of any meter at any time.

324.3 Estimated Billing
Usage as well as Demand may be estimated by the Cooperative where there is good reason for doing so, such as inclement weather, personnel shortage, etc. provided an actual meter reading is taken every two (2) months. If the Customer does not report a meter reading to the Cooperative in time for billing, the Cooperative will estimate the meter reading and render a bill accordingly.

324.4 Meter Test and Accuracy Adjustment
Upon request of a Customer and if he or she desires in the Customer’s presence or the presence of his or her authorized representative, the Cooperative shall make a test of the accuracy of Customer’s meter. The test shall be made during the Cooperative’s normal working hours at a time convenient to the Customer if he or she desires to observe the test. The test may be made on the Customer’s premises or at a test laboratory as determined by the Cooperative. Following completion of testing, the Cooperative shall promptly advise the Customer of the date of removal of the meter, if removed, the date of the test, the result of the test, and who made the test. If any meter is found to be outside of the accuracy standards established by the American National Standards Institute, Incorporated, proper correction shall be made according to 203.3.

324.5 Minimum Charges
The Customer will pay a minimum bill in accordance with the applicable rate schedule irrespective of the amount of electricity consumed, even if none is consumed. The minimum charge shall be in addition to any fuel cost adjustment charges, power cost adjustment charges or other billing adjustments. All billing adjustments shall be billed in addition to and exclusive of the minimum charge.

If service is made available for any portion of a billing period, the minimum charge for the entire billing period shall apply.

324.6 Reconnecting Meters
A consumer eligible for electric service under all rates, shall, before being reconnected pay all unpaid balances, be billed a $45.00 trip fee and, if consumer’s meter has been out of service less than twelve months shall, in addition, pay the minimum bills for the months he was disconnected. After twelve months or more has elapsed, consumer shall pay all unpaid balances and a $45.00 trip fee. If a property has changed hands since the meter was last disconnected, the reconnect charge shall be waived.

Every applicant who has previously been a customer of the Utility and whose service has been discontinued for nonpayment of bills or meter tampering or bypassing of meter shall be required before service is rendered to pay all amounts due the Utility or execute a Deferred Payment Agreement, if offered, and re- establish credit.

The Cooperative will endeavor to reconnect services during regular working hours, Monday through Friday, except holidays. Reconnects at times other than during regular working hours may be made, provided the consumer has paid the account in full plus a $100.00 trip fee to cover a portion of the cost of reconnecting service at times other than regular working hours.

324.7 Terms of Payment
Each bill for utility service(s), regardless of the nature of the service(s), is due 16 days after issuance unless such day falls on a holiday or weekend, in which case payment is due on the next work day. If full payment is not received in the office of the Cooperative or at any agency authorized by the Cooperative to receive payment on or before the date such bill is due, the Customer’s account will be considered delinquent and subject to disconnection in accordance with these rules.

324.8 Disputed Bills
In the event of a dispute between a Customer and the Cooperative regarding any bill for electric utility service, the Cooperative shall make such investigation as may be appropriate under the particular circumstance, and report the results thereof to the Customer. In the event disputes are not resolved, the Cooperative informs Customers of the complaint procedures of the Cooperative and the Commission.

Customers shall not be required to pay the disputed portion of the bill which exceeds Customer’s average monthly usage at current rates pending the resolution of the dispute, but in no event more than sixty (60) days. For purposes of this rule only, the Customer’s average monthly usage at current rates shall be the average of the Customer’s gross utility service for the preceding 12-month period. When no previous usage history exists, consumption for calculating the average monthly usage shall be estimated on the basis of usage levels of similar customers and under similar conditions.

324.9 Deferred Payment Plan
The Cooperative may in its discretion enter into a deferred payment plan for any amount owed to the Cooperative or any portion thereof. The Cooperative shall offer upon request a deferred payment plan to any residential member who has expressed an inability to pay all of his or her bill, if that member has not been issued more than two termination notices at any time during the preceding 12 months.

324.10 Level Payment Plan
Level payment billing is available to Cooperative members upon the following terms and conditions.

324.11 Cancellation of Agreement
If Customer terminates service without proper notice or prior to the end of the contract term or Cooperative terminates service due to a default or breach by Customer, in addition to the amount then due Cooperative, there immediately becomes due and payable to Cooperative as liquidated damages and not as a penalty a further sum equal to the minimum amount specified in the applicable rate schedules or guaranteed in the Agreement for Electric Service for the unexpired term of the Agreement for Electric Service, whichever is greater. Proper notice will be as specified in the contract with customer or, if no notice period is specified in the customer’s contract; proper notice will consist of oral or written notice to Cooperative customer service personnel. The customer shall be obligated to pay for all electricity used until such time as Cooperative has taken final meter reading.

323.1 Receipt of Electric Energy

A. Exclusive Use
When electric service is available, Customer shall purchase from the Cooperative all electric energy and service required to be used by Customer from a single consuming installation.
Customer may not connect his lines to another source of electric energy in a manner that may permit electric energy to flow into Cooperative’s system from such source without a written agreement with the Cooperative.

B. Customer’s Installation
Customer shall at all times maintain his/her installation in accordance with the latest revision of the National Electrical Code published by the National Fire Protection Association and/or The National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc. as well as other applicable standards that may be imposed by law, ordinance or regulation.

323.2 Customers Use of Electric Energy

A. Permitted Uses
Electric energy provided through Cooperative facilities shall be used by Customer exclusively for the purpose or purposes specified in the availability clause of the rate schedule under which Customer is receiving service and being billed.

B. Resale Prohibited
Customer shall not resell electric energy unless specifically provided for in writing by the Cooperative.

C. Interstate Transmission of Electric Energy Prohibited
The Cooperative does not provide electric service to any member’s installation any part of which is located outside the State of Texas or is connected to any conductors, all or part of which is located outside the State of Texas. Customer shall not transmit electric energy provided by the Cooperative outside the State of Texas.

D. Uses Prohibited by Law
Customer shall not use electric energy for any unlawful purpose or in such a manner that it may endanger life or property.

323.3 Customer’s Electrical Load

A. Load Balance
Cooperative requires Customer to control the use of electric energy so that Cooperative’s electrical load at the point of delivery is in reasonable balance.

B. Allowable Motor Starting Currents
The following motors may be started across-the-line if the starting current (which is the locked rotor current of the motor at nameplate voltage) does not exceed the limits give below:

Larger across-the-line starting currents than above may be permitted where Cooperative determines its facilities are adequate and the frequency of starts are such that other Customer’s service will not be adversely affected. Any motor starting devices are to be of a type approved by Cooperative and are to be provided and installed by Customer.

* Groups of motors starting simultaneously are classed as one motor.

C. Intermittent Electrical Loads
Electric service to equipment such as spot and arc welding machines, X-ray machines, arc-furnaces, elevators, dredges, locomotives, shovels, feed grinders, etc., whose us of electricity is intermittent and subject to violent fluctuations, is provided to such equipment as a part of Customer’s installation or by a transformer dedicated solely to that equipment and served as a separate account. Except for individual transformer type arc welders whose rated primary input current does not exceed 15 amperes at 120-volt operation or 30 amperes at 240-volt operation (38 amperes if Customer is served by an individual transformer), Customers contemplating the installation of such equipment are to make specific prior arrangements with Cooperative.

D. Equipment Necessary to Limit Adverse Effect
Cooperative may require Customer to provide, at Customer’s expense, suitable apparatus to limit the effect of voltage fluctuations caused by electric equipment in Customer’s installation where Customer is found to be operating electrical equipment which produces voltage fluctuations, interference or distorted wave forms which adversely affect electric service provided by Cooperative to Customers.

In lieu of requesting Customer to install such suitable or special equipment limiting such adverse effect, Cooperative may, at its option, install at Customer’s cost, additional transformer capacity (which may or may not be dedicated solely to such member) or other equipment specially designed to reasonably limit such adverse effect.

E. Voltage and Wave Forms Sensitive Equipment
A Customer planning the installation of electric equipment such as computers, communication equipment, electronic control devices, etc., whose performances may be adversely affected by voltage fluctuations and distorted 60 hertz wave forms are responsible for providing and installing the necessary facilities to limit these adverse effects.

F. Change in Customer’s Electrical Load
The Cooperative may require information concerning the nature of the load and electric service requirements as well as the expected duration of the load. Customer shall give written notice to the Cooperative fifteen (15) days in advance of connecting any motors or other devices which might increase load above the rated capacity of transformer(s) servicing Customer. If Customer fails to give such notice and an overload condition causes damage to the transformer(s) servicing Customer then Customer shall pay to the Cooperative the value of such transformer prior to the time it was damaged less salvage value.

If in the judgment of the Cooperative there is an increase in any electric service requirement for which, under standard engineering practice, it would be desirable to construct additional facilities, then the Cooperative may charge Customer as aid to construction or as an increased minimum an amount not to exceed the actual cost of such facilities together with the cost of any additional facilities required to be constructed by the Cooperative’s wholesale power supplier serving Customer’s load. The Cooperative may require the Customer to execute a new contract for electric service specifying appropriate terms including the maximum load, increased minimum or aid to construction.

323.4 Power Factor
If the power factor of Customer’s load is less than 90%, Cooperative may require Customer to install appropriate equipment to maintain a power factor of at least 90% or at Cooperative’s option, to reimburse Cooperative for installing the necessary equipment.

323.5 Access
Customer will admit to Customer’s premised at all reasonable hours personnel authorized by Cooperative to inspect, install, remove, or replace Cooperative’s property; to read Cooperative’s meter; and to perform other activities necessary to provide electric service, including tree trimming and tree removal where such trees in the opinion of Cooperative constitute a hazard to Cooperative personnel or facilities, or jeopardize the provision of continuous electric service. Refusal on the part of Customer to provide reasonable access for the above purposes may, at Cooperative’s option, be sufficient cause for discontinuance of service. Alternatively the Cooperative may move the metering location and other facilities and charge consumer the cost of relocating all facilities.

323.6 Protection of Cooperative’s Facilities on Customer’s Premises
Customer shall use reasonable diligence to protect Cooperative personnel and facilities on Customer’s premises.

In the event of loss of, or damage to, Cooperative facilities on Customer’s premises caused by or arising out of carelessness, neglect, or misuse by Customer or unauthorized persons, Cooperative may require Customer to reimburse the Cooperative the full cost of such damage.

322.1 Reasonable Diligence
The Cooperative uses reasonable diligence under standard utility practices to provide continuous and adequate service in accordance with the standards set forth in these rules but does not warrant or represent that irregularities or interruptions will not occur.

322.2 Service Interruptions
Service interruptions may occur. Customer is responsible for installing and maintaining protective devices as are recommended or required by the most current edition of the National Electrical Code and other such devices as are necessary or advisable to protect Customer’s equipment or process during irregular or interrupted service including, but no limited to, voltage and wave from irregularities, or the failure of part or all of the electrical service. When interruptions do occur the Cooperative shall re-establish service as soon as practicable.
The Cooperative may interrupt service to provide necessary civil defense or other emergency service in the event of a national emergency or local disaster. The Cooperative may also interrupt service as necessary for maintenance, repairs, construction, moving of buildings or oversized objects, relocation or changes of facilities, to prevent or alleviate an emergency which may disrupt operation of all or any portion of the Cooperative’s system, to lessen or remove risk of harm to life or property, to aid in the restoration of electric service, and on occasions when the Cooperative’s wholesale power suppliers, or any of them, fails to deliver sufficient power and/or energy to the Cooperative.

322.3 Service Irregularities
Irregularities in service such as voltage surges may occur. Customer is responsible for installing and maintaining devices which protect his/her installation, equipment, and processes during such service conditions.

322.4 Investigation of Service Interruptions and Irregularities
The Cooperative makes reasonable investigation of service interruptions and irregularities reported by a Customer. Such investigation normally terminates at the point of delivery. If standard service voltage exists at this point and the Cooperative’s service facilities are in good condition the Customer shall be so advised. The Cooperative shall not be obligated to inspect Customer’s conductors, installation, or equipment.

322.5 Liability, Indemnity, and Disclaimer of Warranties
A. Liability/Indemnity
Cooperative is responsible for design, construction, operation, and maintenance of electric service facilities up to and including the Point of Delivery. Customer is responsible for design, construction, operation, and maintenance of Customer’s installation beyond the Point of Delivery and has sole control and supervision over Customer’s installation. It is particularly understood that the Customer assumes full responsibility for electric energy furnished to Customer at and past the point of delivery and will indemnify the Cooperative against and hold the Cooperative harmless from all claims for damages including but not limited to injuries to any persons, including death resulting there from, and damages to property occurring upon the premises to the Customer arising from electric power and energy delivered by Cooperative whether or not caused by the negligence of the Cooperative except when the negligence of Cooperative or its agents or agents was the sole proximate cause of such injuries, death of persons or damages to property.

Except to the extent injuries or damage have been caused by the Cooperative’s negligence or willful misconduct as provided in this section it is the express intention of Customer to indemnify the Cooperative for the consequences of its own negligence. Without limiting the foregoing, Cooperative is not and shall not be liable to Customer for damages occasioned by: (A) irregularities or interruptions (of any duration), or failure to commence electric service, caused in whole or in part by (1) governmental or municipal action or authority, litigation, public enemies, strikes, acts of God (including weather and its resulting consequences), (2) an order of any Court or Judge granted in any bona fide adverse legal proceeding or action or any order of any commission or tribunal having jurisdiction in the premises, (3) situations or conditions described in the second paragraph of Section 322.2 of these Service Rules, (4) the absence, inadequacy or failure of protective devices which are the responsibility of the Customer, (5) inadequacy or failure of generation or transmission facilities, or (6) any other act or thing reasonably beyond the control of Cooperative or as may be authorized elsewhere in this Tariff For Electric Service; or (B) any interruption of service not occasioned by situations or conditions described in (A) above that has not existed continuously for beyond a reasonable period of time after notice to Cooperative, which reasonable period shall under no circumstances be less than twenty-four (24) hours or any interruption of service of greater than a reasonable duration if the Cooperative has used reasonable diligence in attempts to restore electric service after the Cooperative is notified of such interruption.

Cooperative may perform voluntary or emergency acts to electric facilities which are the responsibility of the Customer but shall have no liability for damages or injuries resulting from said acts except to the extent that said damages or injuries are proximately caused by acts or omissions of the Cooperative which are found to be wanton or willful with the intent to cause injury.

In any claim or cause of action relating to the provision of electric service asserted by Customer or any other person against Cooperative, Cooperative shall not be liable for any consequential, special, or non-direct damages, including but not limited to loss of use of equipment, extra expense due to the use of temporary or replacement equipment, loss of electronic data or program, loss of business revenue, costs of capital, or any cost not part of necessary repair to or reasonable replacement of electric equipment whether the claim or cause of action is based upon contract, tort, negligence, products liability, or any other theory of recovery.

B. Disclaimer of Warranties
Cooperative makes no warranties whatsoever with regard to the provision of electric service and disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

321.1 Overhead Service Drop
Electric service is generally available to Customers throughout the Cooperative’s service are from overhead distribution facilities. The Cooperative, however, may refuse to provide overhead service in any area where the Cooperative has or expects substantial investment in underground distribution facilities. To receive overhead service Customer must install a suitable bracket for attachment of Cooperative conductors in compliance with the National Electrical Safety Code and/or electrical specifications of the Cooperative.

321.2 Underground Electric Service
Electric service from underground distribution facilities is available to customers who meet the requirements of these service rules and regulations. In areas served by the Cooperative’s underground distribution system phase and voltage of electric service may be limited to that which can be provided from existing facilities. Underground conductors are usually connected to the Cooperative’s overhead distribution facilities at a location outside the Customer’s premises or at a suitable location on Customer’s premises. The location, routing and construction standards of underground distribution facilities is determined by the Cooperative. Customer shall provide at his/her expense padmount transformer and associated equipment prior to commencement of construction. Before the installation of underground distribution facilities, Customer will complete rough site grading, establish final grade along conductor route, expose to view any underground installation including gas lines, water lines, wastewater lines, communication lines, etc., and clear the area of all obstructions. No change shall be made in the grade along the conductor route without the consent of the Cooperative. Any change in grade which requires lowering electrical conductors is at the expense of the Customer.

321.3 Connections at Point of Delivery
The Cooperative makes connections of its conductors to Customer’s conductors only at the point of delivery.

320.1 Delivery of Electric Energy
If Customer has satisfied and continues to satisfy all conditions and perform all obligations contained in the foregoing service rules, the Cooperative shall provide electric energy to Customer at the point of delivery. The Cooperative may, however, limit the amount of electric energy furnished.

320.2 Characteristics of Electric Energy

A. Voltage
The Cooperative adopts the following standard voltages for distribution:

B. Frequency
The Energy Reliability Council of Texas (ERCOT) controls the frequency of current provided by the Cooperative. Generally, the Cooperative provides alternating current at a standard frequency of 60 cycles per second. Except for infrequent and unavoidable fluctuations, this standard is usually maintained within one-tenth (1/10) of a cycle per second.

C. Electric Terms
1. A.C. – Alternating Current

2. Demand – The maximum rate-of-use of energy. The demand maybe:
Measured by a recording or indicating instrument (demand meter) showing, unless otherwise specified, the greatest fifteen-minute-rate-of-use of energy.

3. Horsepower (H.P.)
As used herein, horsepower shall be computed as the equivalent of 746 watts (approximately ¾ of a kw-hr).

4. Kilovoltampere (KVA)
Unit of measure of rate-of-use which determines electrical capacity required. It is obtained by multiplying the voltage of a circuit by its amperage.

5. Kilowatt (KW)
Amount of measurement of rate-of-use of electrical energy – 100 watts.

6. Kilowatt-hour (kWh)
Unit of measurement of a quantity of energy – an amount equivalent to the use of 1,000 watts for one hour.

7. Ampere
A unit of electric current that is equivalent to the flow of one volt applied across the resistance of one ohm.

8. Ohm
A unit of electrical resistance equal to the resistance of a circuit in which a potential difference of one volt produces a current of one ampere.

9. Volt
A unit of electrical measurement that is equivalent to the flow of one ampere across a resistance of one ohm.

10. Power Factor
As used herein, in a single phase circuit the power factor is the ratio of the watts to volt-amperes; and in a polyphase circuit the power factor is the ratio of the total watts to the vector sum of the voltamperes in the several phases.

11. Standard Single-Phase Secondary
Alternating current, 60 cycles, nominally 120 volts, 2 wire, or nominally 120-240 volts, 3 wire.
For consumer service from this type of construction, a standard single phase meter, 120 volts 2 wire or a standard single phase meter 120-240 volts, 3 wire would be used.

12. Standard Polyphase Secondary
Alternating current, 60 cycles, nominally 240 volts, 3 phase, 3 wire.
For consumer service from this type of construction, a 240 volt, 3 phase, 3 wire meter is used.