Ordinance 129-15

0
951

ORDINANCE NO.  129-15

AN ORDINANCE AMENDING DIVISION 3, ARTICLE II OF CHAPTER 28

OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, AS AMENDED, PERTAINING TO ELECTRIC RATES AND CHARGES; PROVIDING THAT

THE CHANGES TO ELECTRIC RATES MADE HEREIN SHALL BE APPLIED TO MONTHLY CUSTOMER BILLS BEGINNING WITH THE JANUARY, 2016 BILLING CYCLES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment. That Division 3, Article II of Chapter 28 of the Code of Ordinances of

the City of Opelika, Alabama, entitled “Rates and Charges”, is hereby amended to read as follows:

Division 3 Rates and Charges

Sec. 28-55. – Residential general service rates and charges; Rate Schedule RS-2016 (Rate Code R).

(a) Availability. This schedule is available in the retail service area of Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”).

(b) Applicability. This schedule is applicable for use in private residences, single-family dwelling units, and farms. Energy delivered to each residence, dwelling unit, or farm shall be separately metered, and shall include energy used for incidental, non-commercial purposes (e.g., swimming pools, garages and workshops). This schedule is not applicable to recognized boarding or rooming houses or commercial establishments. Energy taken under this schedule may not be resold or shared with others.

Residential customers meeting the applicability provisions set forth in rate schedule RE-2016 (residential all-electric service) may be served under that rate schedule.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single-phase at OL&P’s option, three (3) phase, at available voltage and at a single delivery point. Separate supplies for the same customer at different voltages or at other delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electrical power to residential customers as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charge.

a. Customer charge.

For each month a charge of …..$19.50

b. Energy charge.

First 600 kWh …..$0.0875/kWh

For 600 kWh ….$0.0795/kWh

All additional kWh …..$0.0764/kWh

(2) Power cost adjustment. OPS’ power cost adjustment clause PCA-2016, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum monthly charge shall be the customer charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the state utility tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective Code of the city.

(e) Payment.

(1) Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(2) Customers hereunder may qualify for “budget billing,” whereby monthly bills shall reflect estimated average monthly charges over a year’s time, subject to being adjusted to reflect actual charges based on actual usage after each twelve (12) consecutive month’s billings. Additional information on budget billing is available at the offices of OPS.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after January 1, 2016.

(Ord. No. 117-07, § 1, 9-18-07; Ord. No. 125-14, § 1, 9-16-14)

Sec. 28-55.1. – Residential all-electric service rates and charges; Rate Schedule RE-2016 (Rate Code E).

(a) Availability. This schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”).

(b) Applicability. This schedule is applicable for use in private residences, single-family dwelling units, and farms where electric energy is the exclusive energy source for space heating, air conditioning, and water heating. Energy delivered to each residence, dwelling unit, or farm shall be separately metered, and shall include energy used for incidental, non-commercial purposes (e.g., swimming pools, garages and workshops). This schedule is not applicable to recognized boarding or rooming houses or commercial establishments. Energy taken under this schedule may not be resold or shared with others.

Residential customers not satisfying the applicability requirements of this rate schedule RE-2016 may be served under rate schedule RS-2007 (residential general service).

(c) Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single-phase at OPS’ option, three (3) phase, at available voltage and at a single delivery point. Separate supplies for the same customer at different voltages or at other delivery points shall be separately metered and billed.

(d) Monthly rates charges. The following rates and charges for electrical power to all electric residential customers as defined above are hereby approved, adopted, authorized and confirmed.

(1) Basic monthly charges.

a. Customer charge.

For each month a charge of …..$19.50

b. Energy charge.

First 600 kWh @ …..$0.07970/kWh

All additional kWh @ …..$0.07270/kWh

(2) Power cost adjustment. OPS’ power cost adjustment clause PCA-2016, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum monthly charge shall be the customer charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the state utility tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective Code of the city.

(e) Payment.

(1) Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(2) Customers hereunder may qualify for “budget billing,” whereby monthly bills shall reflect estimated average monthly charges over a year’s time, subject to being adjusted to reflect actual charges based on actual usage after each twelve (12) consecutive month’s billings. Additional information on budget billing is available at the offices of OPS.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after January 1, 2016.

(Ord. No. 117-07, § 1, 9-18-07; Ord. No. 125-14, § 2, 9-16-14)

Sec. 28-56. – Commercial general service rates and charges; Rate Schedule GS-2016 (Rate Code EH CP).

(a) Availability. This rate schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point. Energy and power taken under this schedule may not be resold or shared with others.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electrical power for non-residential customers as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of …..$50.00

b. Demand charge.

1. Standard service (rate code C). Where the customer receives service at a nominal voltage of less than 12.47 kV; the demand charge shall be as follows:

First 24 kVA of billing demand @ …..No Charge

For 24 kVA to 50 kVA of billing demand @ ….$12.72/kVA

All additional kVA of billing demand @ …..$13.22/kVA

2. Primary service (rate code CP). Where the customer receives service at a nominal voltage of 12.47 kV or greater; the demand charge shall be as follows:

First 24 kVA of billing demand @ …..No Charge

For 24 kVA to 50 kVA of billing demand @ $12.69/kVA

All additional kVA of billing demand @ …..$13.19/kVA

The customer’s “billing demand” shall be the greater of (i) the customer’s measured demand for the current monthly billing period, or (ii) seventy (70) percent of the greatest such measured demand that shall have occurred during the prior eleven (11) monthly billing periods. The customer’s “measured demand” shall be the greatest fifteen-minute integrated kVA demand of the customer during the current monthly billing period, as determined by suitable metering equipment of OPS.

c. Base energy charge.

First 3,000 kWh @ …..$0.09890/kWh

Next 2,000 kWh @ …..$0.06780/kWh

All additional kWh @ …..$0.0427/kWh

(2) Power cost adjustment. OPS’s power cost adjustment clause PCA-2016, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum monthly charge shall be the sum of the customer charge and the demand charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective code of ordinances of the city.

(e) Payment. Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after January 1, 2016 and supersedes all previous rates schedules previously applicable service to the customer.

Sec. 28-56.1. – Commercial all electric general service and public school rates and charges; Rate Schedule GE-2016 (Rate Code AH AP).

(a) Availability. This rate schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point, but only where electric energy supplied hereunder is the exclusive energy source for comfort space heating and, air conditioning, and water heating. Energy and power taken under this schedule may not be resold or shared with others.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electrical service to all-electric non-residential customers and public schools as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of …..$50.00

b. Demand charge.

1. Standard service (rate code A). Where the customer receives service at a nominal voltage of less than 12.47 kV, the demand charge shall be as follows:

First 24 kVA of billing demand @ …..No Charge

For 24 kVA to 50 kVA of billing demand @ $5.10/kVA

All additional kVA of billing demand @ …..$12.36/kVA

2. Primary service (rate code AP). Where the customer receives service at a nominal voltage of 12.47 kV or greater; the demand charge shall be as follows:

First 24 kVA of billing demand @ …..No Charge

For 24 kVA to 50 kVA of billing demand @ $5.04/kVA

All additional kVA of billing demand @ …..$12.30/kVA

The customer’s “billing demand” shall be the greater of (i) the customer’s measured demand for the current monthly billing period, or (ii) seventy (70) percent of the greatest such measured demand that shall have occurred during the prior eleven (11) monthly billing periods. The customer’s “measured demand” shall be the greatest fifteen-minute integrated kVA demand of the customer during the current monthly billing period, as determined by suitable metering equipment of OPS.

c. Base energy charge.

First 3,000 kWh @ …..$0.09890/kWh

Next 2,000 kWh @ …..$0.06780/kWh

All additional kWh @ …..$0.04270/kWh

(2) Power cost adjustment. OPS’s power cost adjustment clause PCA-2016, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum monthly charge shall be the sum of the customer charge and the demand charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then currently effective code of ordinances of the city.

(e) Payment. Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after January 1, 2016 and supersedes all previous rates schedules previously applicable service to the customer.

Sec. 28-56.2 – Commercial time-of-use service rates and charges; Rate Schedule GT-2016 (Rate Codes T1, T2, T3 & T4).

(a) Availability. This rate schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability.

(1) This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point. Energy and power taken under this schedule may not be resold or shared with others.

(2) In order to be eligible for this rate schedule, a new customer shall enter into a contract for service by OPS with a minimum initial term of twelve (12) months, and for an existing customer, the current contract term must extend at least through May 30 following the beginning of the current monthly billing period.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for commercial time-of-use service customers as defined above are hereby approved, authorized, ratified and confirmed.

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of …..$70.00

b. Demand charge.

1. Where the customer has selected billing option A described below:

(i) Standard service (rate code T1). Where the customer receives service at a nominal voltage of less than 12.47 kV; the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ …..$16.52/kVA

All kVA of off-peak billing demand @ …..$5.85/kVA

(ii) Primary service (rate code T2). Where the customer receives service at a nominal voltage of 12.47 kV or greater, the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ …..$16.20/kVA

All kVA of off-peak billing demand @ …..$5.53/kVA

2. Where the customer has selected billing option B described below:

(i) Standard service (rate code T3). Where the customer receives service at a nominal voltage of less than 12.47 kV; the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ …..$7.37/kVA

All kVA of off-peak billing demand @ …..$5.85/kVA

(ii) Primary service (rate code T4). Where the customer receives service at a nominal voltage of 12.47 kV or greater, the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ …..$7.66/kVA

All kVA of off-peak billing demand @ …..$5.53/kVA

3. Determination of billing demand: The customer may elect either billing option A or billing option B:

Options A: The customer’s “on-peak billing demand” shall be the customer’s measured demand during on-peak hours, if any, during the current monthly billing period. The customer’s “off-peak billing demand” shall be the customer’s measured demand during off-peak hours during the current monthly billing period.

Options B: The customer’s “on-peak billing demand” shall be the greatest of the customer’s measured demand during on-peak hours during the current monthly billing period and the prior eleven (11) monthly billing periods. The customer’s “off-peak billing demand” shall be the customer’s measured demand during off-peak hours during the current monthly billing period.

The customer’s “measured demand,” during either on-peak hours or off-peak hours shall be the greatest fifteen-minute integrated kVA demand of the customer during the respective hours in the current monthly billing period, as determined by suitable metering equipment of OPS. “On-peak hours” are the hours between 12:00 noon and 7:00 p.m., Monday through Friday, during the months of May through September, excluding Independence Day and Labor Day. “Off-peak hours” are all hours that are not on-peak hours.

c. Base energy charge.

First 3,000 kWh @ …..$0.09890/kWh

Next 2,000 kWh @ …..$0.06780/kWh

All additional kWh @ …..$0.04270/kWh

(2) Power cost adjustment. OPS’s power cost adjustment clause PCA-2016, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum monthly charge shall be the sum of the customer charge and the demand charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective code of ordinances of the city.

(e) Payment. Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after January 1, 2016 and supersedes all previous rates schedules previously applicable service to the customer.

Sec. 28-57. – Large power general service rates and charges; Rate Schedule LP-2016 (Rate Codes P&PP).

(a) Availability. This rate schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point, where the customer’s power requirement is reasonably expected to equal or exceed one thousand (1,000) kVA. Energy and power taken under this schedule may not be resold or shared with others.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electric power delivered to large power customers as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of …..$650.00

b. Demand charge.

1. Standard service (rate code P). Where the customer receives service at a nominal voltage of less than 12.47 kV, the demand charge shall be as follows:

First 50 kVA of billing demand @ …..No Charge

All additional kVA of billing demand @ …..$15.40/kVA

2. Primary service (rate code PP). Where the customer receives service at a nominal voltage of 12.47 kV or greater; the demand charge shall be as follows:

First 50 kVA of billing demand @ …..No Charge

All additional kVA of billing demand @ …..$14.40/kVA

The customer’s “billing demand” shall be the greater of (i) the customer’s measured demand for the current monthly billing period, or (ii) eighty (80) percent of the greatest such measured demand that shall have occurred during the prior eleven (11) monthly billing periods. The customer’s “measured demand” shall be the greatest fifteen-minute integrated kVA demand of the customer during the current monthly billing period, as determined by suitable metering equipment of OPS.

c. Base energy charge.

All kWh @ …..$0.0450/kWh

(2) Power cost adjustment. OPS’s power cost adjustment clause PCA-2016, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum charge shall be the sum of the customer charge and the demand charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective code of ordinances of the city.

(e) Payment. Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after January 1, 2016 and supersedes all previous rates schedules previously applicable service to the customer.

Sec. 28-57.1. – Large power time-of-use service rates and charges; Rate Schedule LT-2007 (Rate Codes T5, T6, T7 & T8).

(a) Availability. This rate schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability.

(1) This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point, where the customer’s power requirement is reasonably expected to equal or exceed one thousand (1,000) kVA. Energy and power taken under this schedule may not be resold or shared with others.

(2) In order to be eligible for this rate schedule, a new customer shall enter into a contract for service by OPS with a minimum initial term of twelve (12) months, and for an existing customer, the current contract term must extend at least through May 30 following the beginning of the current monthly billing period.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electrical power delivered to large power time-of-use customers as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of …..$700.00

b. Demand charge.

1. Where the customer has selected billing option A described below:

(i) Standard service (rate code T5). Where the customer receives service at a nominal voltage of less than 12.47 kV; the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ …..$24.70/kVA

All kVA of off-peak billing demand @ …..$2.89/kVA

(ii) Primary service (rate code T6). Where the customer receives service at a nominal voltage of 12.47 kV or greater, the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ …..$24.44/kVA

All kVA of off-peak billing demand @ …..$2.73/kVA

2. Where the customer has selected billing option B described below:

(i) Standard service (rate code T7). Where the customer receives service at a nominal voltage of less than 12.47 kV the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ …..$12.51/kVA

All kVA of off-peak billing demand @ …..$2.89/kVA

(ii) Primary service (rate code T8). Where the customer receives service at a nominal voltage of 12.47 kV or greater, the demand charge shall be the sum of the following charges:

All kVA of on-peak billing demand @ …..$11.67/kVA

All kVA of off-peak billing demand @ …..$2.73/kVA

3. Determination of billing demand: The customer may elect either billing option A or billing option B:

Options A: The customer’s “on-peak billing demand” shall be the customer’s measured demand during on-peak hours, if any, during the current monthly billing period. The customer’s “off-peak billing demand” shall be the customer’s measured demand during off-peak hours during the current monthly billing period.

Options B: The customer’s “on-peak billing demand” shall be the greatest of the customer’s measured demand during on-peak hours during the current monthly billing period and the prior eleven (11) monthly billing periods. The customer’s “off-peak billing demand” shall be the customer’s measured demand during off-peak hours during the current monthly billing period.

The customer’s “measured demand,” during either on-peak hours or off-peak hours shall be the greatest fifteen-minute integrated kVA demand of the customer during the respective hours in the current monthly billing period, as determined by suitable metering equipment of OPS. “On-peak hours” are the hours between 12:00 noon and 7:00 p.m., Monday through Friday, during the months of May through September, excluding Independence Day and Labor Day. “Off-peak hours” are all hours that are not on-peak hours.

c. Base energy charge.

All kWh @ …..$0.0450/kWh

(2) Power cost adjustment. OPS’s power cost adjustment clause PCA-2016, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum charge shall be the sum of the customer charge and the demand charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective code of ordinances of the city.

(e) Payment. Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after January 1, 2016 and supersedes all previous rates schedules previously applicable service to the customer.

Sec. 28-57.2 – Extra Large power general service rates and charges; Rate Schedule ELP-2016 (Rate Codes L&PL).

(a) Availability. This rate schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This rate schedule is applicable to all non-residential users of energy and power, for all service of the same available character supplied to the customer’s premises through a single delivery point, where the customer’s power requirement is reasonably expected to equal or exceed five thousand (5,000) kVA and have a minimum load factor of eighty percent (80{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0}). Energy and power taken under this schedule may not be resold or shared with others.

(c) Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single or three-phase, as available, at the nominal standard voltage of OPS, as available, and at a single delivery point. The electrical characteristics of all equipment served must be acceptable to OPS and must meet OPS’s specifications. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(d) Monthly rates and charges. The following rates and charges for electric power delivered to large power customers as defined above are hereby approved, adopted, authorized and confirmed:

(1) Basic monthly charges.

a. Customer charge.

For each month, a charge of …..$1000.00

b. Demand charge.

1. Standard service (rate code L). Where the customer receives service at a nominal voltage of less than 12.47 kV, the demand charge shall be as follows:

First 50 kVA of billing demand @ …..No Charge

All additional kVA of billing demand @ …..$14.90/kVA

2. Primary service (rate code PL). Where the customer receives service at a nominal voltage of 12.47 kV or greater; the demand charge shall be as follows:

First 50 kVA of billing demand @ …..No Charge

All additional kVA of billing demand @ …..$13.90/kVA

The customer’s “billing demand” shall be the greater of (i) the customer’s measured demand for the current monthly billing period, or (ii) eighty (80) percent of the greatest such measured demand that shall have occurred during the prior eleven (11) monthly billing periods. The customer’s “measured demand” shall be the greatest fifteen-minute integrated kVA demand of the customer during the current monthly billing period, as determined by suitable metering equipment of OPS.

c. Base energy charge.

All kWh @ …..$0.0420/kWh

(2) Power cost adjustment. OPS’s power cost adjustment clause PCA-2016, or its successor, is applicable to all energy sales hereunder.

(3) Minimum charge. The minimum charge shall be the sum of the customer charge and the demand charge.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective code of ordinances of the city.

(e) Payment. Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(f) Terms and conditions.

(1) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this code.

(2) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(3) This rate schedule shall be effective for bills rendered on and after January 1, 2016 and supersedes all previous rates schedules previously applicable service to the customer.

Sec. 28-58. – Private outdoor lighting service rates and charges; Rate Schedule OL-2016.

(a) Availability. This rate schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.

(b) Applicability. This rate schedule is applicable where the only use of the electricity supplied is for outdoor yard and area lighting and where all service hereunder is supplied to the customer’s premises through a single delivery point. Energy and power taken under this Schedule may not be resold or shared with others.

(c) Character of service.

(1) Energy and power delivered hereunder shall be alternating current, sixty (60) hertz, single-phase, at a nominal standard voltage of OPS, as available, and at a single delivery point. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.

(2) The customer may supply the lighting fixture(s) (including luminaries and lamps) and their mounting(s), and the installation and maintenance thereof, or OPS will, upon request of the customer, supply such fixtures and mountings and distribution system for rental by the customer; provided, however, that customer-supplied installations and facilities shall be subject to OPS’s inspection, review, and approval with respect to safety, serviceability, and accessibility prior to initiation of service and at any time thereafter as a condition of continued service.

(3) Where the customer shall have supplied the lighting fixture(s) and the corresponding mounting(s), OPS shall provide, at no additional cost, routine replacement of lamps and photoelectric controls if such lamps and photoelectric controls are of a type normally maintained in inventory; provided, however, that OPS, for good cause, may refuse to perform such maintenance or, upon thirty (30) days prior written notice to the customer, discontinue such maintenance. Replacement of lamps and photoelectric controls necessitated by damage caused by vandalism or willful abuse are not within the scope of routine replacement, and the customer in all such cases shall be responsible for the costs of such replacement(s). The customer shall be responsible for all maintenance other than OPS-supplied replacement of lamps and photoelectric controls.

(4) Where the OPS is to supply the lighting fixture(s) and corresponding poles for rental by the customer, the customer may select from the fixtures and poles that OPS makes available, as listed in subsection (d)(2). The customer should note that all combinations of fixtures and poles are available; the customer must select compatible fixtures and poles.

(5) Where the customer rents lighting fixtures and poles from OPS, OPS shall, at no additional cost to the customer, provide all normal maintenance for the facilities; provided, however, that repairs and replacements necessitated by damage caused by vandalism or willful abuse are not within the scope of normal maintenance, and in all such cases, OPS shall perform such repairs and replacements at the customer’s expense.

(6) Except as determined otherwise by OPS at its sole discretion, OPS shall perform repairs, replacements and other maintenance hereunder only during regular daytime working hours, as soon as practical after OPS receives notification by the customer of the need for such repairs, replacements, and other maintenance.

(7) Notwithstanding subsection (c)(4), OPS may, at its sole discretion, acquire and supply for rental fixtures and poles not listed in subsection (d)(2), in which case such fixtures and poles shall be “additional facilities,” to which the provisions of subsection (d)(3) shall apply.

(8) In the event that installation of service for the customer requires facilities and installation work not normally supplied by OPS and OPS agrees to supply such facilities and installation work, they shall be “additional facilities,” to which the provisions of subsection (d)(3) shall apply. Additional facilities include, but are not limited to, additional poles, underground conductors, additional lengths of overhead conductors, and trenching for the installation of underground conductors.

(d) Monthly rates and charges.

(1) For service to customer-supplied equipment. The monthly charge for service to customer-owned lighting facilities shall be the charge set forth in the following table for the type of lamp(s) owned by the customer:

Type/Description Wattage per Luminaire Monthly Charge

Customer Owned 100 $4.40

150$6.60

175$7.15

250$9.35

400$14.30

1000$34.65

1500$51.70

 

(2) For service to OPS-supplied equipment. Where OPS supplies luminaries and/or poles of the types it normally has available, the monthly charges shall be determined pursuant to this subsection.

a. For non-decorative luminaries. For non-decorative luminaries provided by OPS, the monthly charge for each such luminary (which includes charges for electric service and for luminaries and lamps) shall be the charge for that type of luminary set forth in the following table:

Type/Description Wattage per Luminaire Monthly Charge

Standard Luminaries 100 $6.60

150$8.80

250$13.20

400$19.25

Floodlight Luminaries

100 $19.25

150$12.62

250$15.95

400$19.40

1000$45.00

Floodlight Luminaries

100 $9.90

150$12.65

250$15.95

400$19.40

1000$45.00

The foregoing charges do not include charges for OPS-supplied poles. When OPS provides a luminaire of the type shown in the foregoing table, the charge or charges for associated pole or poles set forth in subsection (d)(2)c. shall apply in addition to the charges set forth above.

b. For decorative luminaries. For decorative luminaries provided by OPS, the monthly charge for each such luminary (which includes charges for electric service and for luminaries and lamps) shall be the charge for that type of luminary set forth in the following table:

Type/Description Wattage per Luminaire Monthly Charge

Decorative Post

Top Luminaries

Colonial or Contemporary 150 $12.65

Acorn or Coach 100 $15.40

150/175 $22.00

250 $38.50

400 $41.50

Decorative Cutoff

Luminaries Shoe Box Style 100 $14.30

150$15.95

250 $19.25

400 $28.00

1000 $49.50

Bollard Lighting 100 $29.70

The foregoing charges do not include charges for OPS-supplied poles. When OPS provides a luminaire of the type shown in the foregoing table, the charge or charges for associated pole or poles set forth in subsection (d)(2)c. shall apply in addition to the charges set forth above.

c. Pole rental fees. For each pole supplied by OPS for the mounting of a luminaire, the monthly charge shall be that set forth in the following table for the length and type of pole:

Type/Description Nominal Pole Length Monthly Charge Monthly Charge

Standard Wood

Concrete/Steel 30 feet $4.40 $30.25 35 feet $6.00 $33.55 40 feet $8.25 $36.85

45 feet $9.90 $39.60

50 feet $12.65 $42.90 55 feet $47.30 60 feet $51.00

Decorative Aluminum

Concrete

Other*

(Fiberglass)

12 feet $18.70 17 feet $25.85

20 feet $20.00 $8.00 25 feet $21.25

30 feet $22.50 35 feet

$23.75 $17.60 40 feet $25.00 $22.00

45 feet $26.25

50 feet $27.50

* hese types of poles are no longer available for new installations; the prices shown are for existing installations only.

(3) Additional Facilities Charges.

a. When OPS supplies additional facilities hereunder, except as provided in subsection b. below, the customer shall pay, in addition to all other amounts due hereunder, a monthly additional facilities charge, which shall be the sum of:

1. A monthly rental charge, which shall be equal to the greater of:

(i) Five (5.0) percent of the total estimated cost (including installation costs) of the additional facilities, and

(ii) One dollar ($2.00), plus

2. An amount, reasonably determined by OPS, reflecting the cost of electric energy, if any, used by the additional facilities.

b. The customer may elect to pay the costs of additional facilities, other than energy-related costs, in a single lump-sum payment at the time of their installation, instead of paying a monthly rental charge related to those facilities pursuant to subsection a. above.

(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the Alabama State Utility Tax.

(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective Code of Ordinances of the city.

(e) Payment. Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.

(f) Terms and conditions.

(1) OPS may require the customer to enter into a contract reflecting the terms of this rate Schedule prior to the initiation of service hereunder and establishing a minimum term of service. For installations having three (3) or more poles, such a contract shall be required, and such contract shall have a minimum term of three (3) years and shall continue in effect thereafter until terminated by the customer or by OPS with at least thirty (30) days’ prior written notice. OPS may, at its option, require an advance lump-sum payment by the customer equal to one-half (½) of the total estimated charges over the term of the customer’s contract. The director of OPS, or his designee, is authorized to execute such contracts on behalf of the city.

(2) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.

(3) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.

(4) This rate schedule shall be effective for bills rendered on and after January 1, 2016 and supersedes all previous rates schedules previously applicable service to the customer.

Sec. 28-59. Power Cost Adjustment Clause, Rate Rider PCA-2016

Applicability- This Power Cost Adjustment (PCA) is applicable to and becomes a part of each retail rate, as defined in each rate schedule, of the Opelika Power Services (OPS) that so specify.

General-

The PCA reflects the increases/decreases in the cost of wholesale power purchased from OPS’s different wholesale power sources.  The cost of wholesale power represents a significant portion of the total costs to provide energy to its customers.  It is critical that OPS makes sure that it recovers all of its wholesale power costs in its retail sales.

Each monthly customer bill under its individual rate schedule, that is defined and subject to the PCA Rate Rider, will be increased/decreased by an amount equal to the result of multiplying the kWh of energy used by the customer by the then-currently applicable PCA determined in the manner set forth herein.

 

Determination of PCA –

The PCA hereunder shall be determined and applied monthly using a rolling three-month average.  The PCA factor for each month shall be calculated in dollars per kWh.

The PCA factor for each month, before adjusting for corrections to reflect actual costs and sales, shall be determined and calculated as follows:

PCA= PC/TE minus (-) Base

Where:

PCA = Power Cost Adjustment factor to be applied to the retail kWh sales to which the PCA-2016 is applicable.  It shall be computed to the nearest one-thousandth of a mill per kWh.

PC = Total power costs in dollars from all power supply sources for the                             preceding three-months.  This can include any known and measurable increases in costs of power that AMEA reflects in its estimated power costs to OPS.

TE = Total energy purchased, measured in kWh, for the preceding three-months from all power supply sources.  This total energy will be calculated for the same three-months on which the “PC” the total costs of energy is being calculated.

BASE = Base value per kWh that is included in the regular rate tariffs.  As last established by the City the base is $0.0588 per kWh.  It can be changed and set by the City.

The PCA factor for each month determined to the foregoing subsection (2) shall be appropriately adjusted, upward or downward, to allow for differences between the actual power costs and sales.  Estimates can change and should be accounted for accordingly.     Sec. 28-60. – Rate stabilization/equalization tariff (RSE Rider).

(a) Applicability. This rate stabilization/equalization tariff (RSE rider) is applicable to and becomes a part of each of the electric retail rate schedules of the city. This tariff shall be added to the power cost adjustment rate rider as calculated in section 28-59.

(b) General. It is the purpose of this tariff to enable Opelika Power Services (OPS) to lessen the impact, frequency and size of retail rate changes by allowing the city council, who has the authority to regulate an set retail rates for OPS, to adjust its charges more readily in order to meet the annual revenue requirements of OPS and to adjust for fluctuations in annual energy sales volumes. This rate rider is intended to strengthen the credit value and financial status of OPS by allowing it to meet the annual revenue requirements of the system and meet its annual obligation to the city for the opportunity to serve as the utility provider within the territorial limits set for the city.

By using this “RSE rider” the rates/charges are adjusted to assure that the electric revenues of OPS will always remain adequate to meet the annual revenue requirements of providing electricity to its customers. These annual revenue requirements include operations and maintenance costs, energy and fuel costs, taxes, debt-service costs, payment in lieu of taxes and the annual funds necessary to fund capital costs that are not funded by additional debt.

By enacting this rate rider, the charges for energy are adjusted (with RSE rider) when and if revenue projections for the upcoming year reflect that the designated revenues from energy sales are not going to be adequate to fund the annual revenue requirements of OPS. Once the rider is set, it will remain in effect for the subsequent three (3) month period, at which time, updated projections for revenue and the need for funding to meet annual revenue requirements will be set by the mayor, controller and director of OPS (collectively the “management committee”). The management committee will be responsible for developing and providing updated revenue projections and the necessary costs of the system needed to meet its annual requirements funding. The management committee shall monitor and review monthly financial statements, balance sheets, statements of income, details concerning revenues and energy sold by customer class, O&M expenses, expenses by functions (e.g. transmission and distribution, administrative and customer service) in order to project revenues and expenditures. Energy demand forecasts shall be based on ten (10) year historic data and the management committee may rely upon forecast models developed by the state municipal electric authority. This rate rider will consist of two components:

Power Cost Adjustment Rider (currently in effect)

Rate adjustment needed to fund revenue requirements

Total “RSE” Rider

(c) Determination of tariff. The rate rider adjustment will be calculated by first determining the projected revenue shortfall (PRS). This calculation shall be derived (annual revenue requirements minus the projected revenue from energy sales). The PRS will then be divided by the anticipated and normalized volume of energy (kWh) projected to be sold by OPS for the coming year. This amount of charge shall be rounded to the nearest mill ($0.001) per kWh of energy sold. The monthly customer energy usage (kWh) will be charged this rate rider adjustment as an additional charge to the base retail rates as last approved by the city council. This rate rider adjustment will remain in effect for the following three (3) month period, at which time, the management committee will adjust the RSE rider (if necessary). The city council shall annually review as part of the budget process all rate rider adjustments made by the management committee during the preceding fiscal year and shall review the operating conditions of OPS. This example illustrates how the RSE tariff is calculated:

OPELIKA POWER SERVICES

2015 BUDGET OPS

Revenue Requirements:

Annual Operation and Maintenance $7,720,588

Annual Power Costs 24,635,000

Annual Debt-Service 1,459,090

Capital Additions 3,579,000

Pilot (Payment to City) 3,000,000

Total Revenue Requirements for 2015 $40,384,678

Capital to be Funded w/Reserves <3,000,000>

Net Revenue Needs From Electric $37,384,678

Electric Revenue From (JTUC) 36,599,743

Projected Revenue Shortfall (PRS) $784,935

Estimated kWh Sales for 2015 370,447,652 kWh

Revenue Stabilization Rider

($784,935/370,447,652 kWh) $.0021/kWh

Current Power Cost Adjustment$.0080/kWh

Total RSE Adjustment Rider for 2015 $.0101/kWh

d) Other terms and conditions. This “RSE rider” tariff shall be effective for bills rendered on or after October 1, 2014. Adjustments shall be determined and applied quarterly (October—December; January—March; April—June and July—September). At the end of each fiscal year (9/30) the management of OPS will determine if any (over-recovery) from the RSE rider tariff has occurred for the current year. Any additional recovery of revenue will be used to fund a rate stabilization reserve for OPS. This rate stabilization reserve shall be set aside until it has a balance of not more than seven (7) percent of the annual revenue requirement for OPS. This rate stabilization fund reserve shall not exceed two million five hundred thousand dollars ($2,500,000.00) and be encumbered to use for keeping retail rates stable. Once fully funded, the purpose of the rate stabilization reserve will be used to help absorb future retail rate increases. The management committee will decide at what level of this reserve account is needed in order to keep retail rates stable. Should any of these funds be used, the rate stabilization reserve will be refunded back to its maximum level by using the “RSE rider” in future periods.

Section 2.  Effective Date of Adjusted Rates and Charges.  The adjusted rates and charges established in Division 3 above shall become effective for all monthly customer bills rendered after January 1, 2016 beginning with the January 2016 billing cycles.

Section 3.  Repealer Clause.  All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or Division 3 hereby adopted are repealed.

Section 4.  Severability.  If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.

Section 5.  Construction.  If any section, paragraph, sentence or word of this Ordinance or the division hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other provisions of this Ordinance and the division hereby adopted independent of such portion that may be declared invalid.

Section 6.   Effective Date.  This Ordinance and the division hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law with new rates and charges to be applied to monthly customer bills rendered after January 1, 2016.

Section 7.  Publication.  The City Clerk of the City of Opelika is hereby authorized and directed to cause a copy of this Ordinance to be published one (1) time in a newspaper of general circulation in the City of Opelika, Alabama.

ADOPTED AND APPROVED this the 15th day of December, 2015.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 16th day of December, 2015.

/s/ R. G. Shuman CITY CLERK

ACTION BY MAYOR

APPROVED this the 16th day of December, 2015.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 12/18/15

 

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