Schedule of Rules and Regulations

FAYETTEVILLE PUBLIC UTILITIES
SCHEDULE OF RULES AND REGULATIONS


 

1. Application for Service.  Each prospective Customer desiring utility service will be required to sign an Application for Service and/or contract before service is supplied by Fayetteville Public Utilities (FPU). Two proofs of identity, with one including a photo, are required.  Applicants for service must be at least 18 years of age. All customers of FPU are subject to provisions of the power contract between FPU and the Tennessee Valley Authority (TVA).

2. Deposit.   A deposit or suitable guarantee may be required of any Customer before utility service is supplied. Upon termination of service, deposit may be applied by FPU against unpaid bills of Customer, and if any balance remains after such application is made, said balance shall be refunded to Customer. FPU may require Customer to increase the deposit based on Customer’s payment history, not to exceed two month’s average use in the customer class. For additional information, see the Security Deposits Policy.

3. Point of Delivery.  The point of delivery is the point, as designated by FPU on Customer’s premises where utilities are to be delivered to building or premises. All wiring, piping and equipment beyond this point of delivery shall be provided and maintained by Customer at no expense to FPU.

4. Aid to Construction.  An Aid to Construction may be required of any customer requesting service where the total installed cost of providing the requested service exceeds that as established by utility policy.

5. Customer’s Wiring Standards.  All wiring by Customer must conform to FPU’s requirements and accepted modern standards, as exemplified by the requirements of the National Electrical Safety Code and the National Electrical Code.

6. Inspections.  FPU shall have the right, but shall not be obligated, to inspect any installation before utilities are introduced or at any later time, and reserves the right to reject any wiring or appliances not in accordance with FPU’s standards; but such inspection or failure to inspect or reject shall not render FPU liable or responsible for any loss or damage resulting from defects in the installations, wiring, or appliances, or from violation of FPU’s rules, or from accidents which may occur upon Customer’s premises.

7. Underground Service Lines.  Customers desiring underground service lines from FPU’s overhead system must bear the excess cost incident thereto. Specifications and terms for such construction will be furnished by FPU on request.

8. Customer’s Responsibility for FPU’s Property.  All meters, service connections, and other equipment furnished by FPU shall be, and remain, the property of FPU. Customer shall provide space for and exercise proper care to protect the property of FPU on its premises, and in the event of loss or damage to FPU’s property arising from an event or action other than those of natural origin, the cost of the necessary repairs or replacements shall be paid by the customer of record for the particular service location effected.

9. Right of Access.  FPU’s identified employees shall have access to Customer’s premises at all reasonable times for the purpose of reading meters, testing, repairing, removing, or exchanging any or all equipment belonging to FPU. Access will also be provided to FPU personnel for regular Right-of-Way and Line Maintenance.

10. Billing.  Bills will be rendered monthly and shall be paid within fifteen (15) days from date on the bill at the office of FPU. Payments may also be made by mail, bank draft, night deposit box, telephone, internet and at most local banks. Failure to receive a bill will not release Customer from payment obligation. Should bills not be paid by close of business on the due date specified on the bill, a disconnect notice will be sent to the customer via mail or by electronic communication if Customer has elected this option. FPU may at any time thereafter, upon five (5) days written notice to Customer, discontinue service. Bills paid after due date specified on the bill may be subject to additional charges. Customer understands that if it becomes necessary for FPU to commence legal proceedings to recover unpaid utility bills or for damaged equipment, Customer is liable for all expenses incurred, including but not limited to, collection expense, reasonable attorney’s fees, court cost, and cost of equipment. Should the final date for payment of the bill fall on a weekend or holiday, the next business day following the final date will be held as a day of grace for delivery of payment. For additional information, see the Billing and Collection Policy.

11. Discontinuance of Service by FPU.  FPU may refuse to connect or may discontinue service for the violation of any of its Rules and Regulations, or for violation of any of the provisions of the Schedule of Rates and Charges, or of the application of Customer or contract with Customer. FPU may discontinue service to Customer for the theft of utilities or the appearance of utilities theft devices on the premises of Customer. The discontinuance of service by FPU for any cause as stated in this rule does not release Customer from his or her obligation to FPU for the payment of minimum bills as specified in application of Customer or contract with Customer.

FPU evaluates weather conditions at www.weather.com for Fayetteville, Tennessee 37334. In the event that the daily forecasted high temperature is not expected to exceed 32 degrees Fahrenheit in cold weather or is expected to exceed 100 degrees Fahrenheit in hot weather then disconnection of service for nonpayment will be suspended for as long as the extreme weather is forecasted to last.

Furthermore, Customers which have provided FPU with notice of a life-sustaining medical equipment needs statement from a medical professional will be afforded an additional 48 hours before disconnection of service for nonpayment. For additional information, see the Termination of Service Policy.

 12. Connection, Reconnection, and Disconnection Charges.  FPU may establish and collect standard charges to cover the reasonable average cost, including administration, of connecting or reconnecting service, or disconnecting service as provided above. Higher charges may be established and collected when connections and reconnections are performed after normal office hours, or when special circumstances warrant.

13. Termination of Contract by Customer.  Customers who have fulfilled their contract terms and wish to discontinue service must give at least three (3) days written notice to that effect, unless contract specifies otherwise. Notice to discontinue service prior to expiration of contract term will not relieve Customer from any minimum or guaranteed payment under any contract or rate.  For additional information, see the Termination of Service Policy.

14. Service Charges for Temporary Service.  Customers requiring utility service on a temporary basis may be required by FPU to pay all costs for connection and disconnection incidental to the supplying and removing of service. This rule applies to circuses, carnivals, fairs, temporary construction, firework stands, and the like. For additional information, see the Termination of Service Policy.

15. Interruption of Service.  FPU will use reasonable diligence in supplying utilities, but shall not be liable for breach of contract in the event of, or for loss, injury, or damage to persons or property resulting from excessive or inadequate electric voltage, single-phasing, or otherwise unsatisfactory service, whether or not caused by negligence, electric, water, wastewater, telecom or natural gas supply or interruptions in any FPU service. FPU will not be liable for any such damages caused by failure to supply utility service as a result of, but are not limited to, (a.) an emergency of FPU, or on any other system directly or indirectly interconnected with it, which requires automatic or manual interruption of the supply of service to some customers or areas in order to limit the extent or damage of the adverse condition or disturbance, or to prevent damage to generating or transmission facilities, or to expedite restoration of service, or to effect a reduction in service to compensate for an emergency condition on an interconnected system, (b.) an act of God, or the public enemy, or insurrection, riot, civil disorder, fire, or earthquake, or an order from federal, state, municipal, county or other public authority, (c.) making necessary adjustments to, changes in or repairs on FPU lines or pipe lines, substations, pump stations, gate stations, and facilities, and in cases where, in FPU’s opinion, the continuance of service to customers’ premises would endanger persons or property. The customer will notify FPU immediately of any defect in service or of any trouble or irregularity to the utility supply. Maintenance work on lines or equipment requiring service interruption will be done, as far as practical, at a time that will cause the least inconvenience to the Customers. The Customers to be affected by such planned interruptions will be notified in advance, if possible.

16. Shortage of Utilities.  In the event of an emergency or other condition causing a shortage in the amount of utilities for FPU to meet the demand on its system, FPU may, by an allocation method deemed equitable by FPU, fix the amount of utilities to be made available for use by Customer and/or may otherwise restrict the time during which Customer may make use of utilities and the uses which Customer may make of utilities. If such actions become necessary, Customer may request a variance because of unusual circumstances including matters that adversely affect the public health, safety, and welfare. If Customer fails to comply with such allocation or restriction, FPU may take such remedial actions as it deems appropriate under the circumstances including temporarily disconnecting utility services and charging additional amounts because of the excess use of utilities. The provisions of the section entitled Interruption of Service of this Schedule of Rules and Regulations are applicable to any such allocation or restriction.

17. Utility Fluctuations Caused by Customer.  Utility service must not be used in such a manner as to cause unusual fluctuation or disturbances to FPU’s system. FPU may require Customer, at his own expense, to install suitable apparatus which will reasonably limit such fluctuations.

18. Additional Load.  The service connection, transformer, all piping, all lines, meters and equipment supplied by FPU for each Customer have definite capacity and no addition to the equipment or load connected thereto will be allowed except by consent of FPU. Failure to give notice of additions or changes in any type of load, and to obtain FPU’s consent for same, shall render Customer liable for any damage to any of FPU’s service connections, transformers, piping, lines, meters or equipment caused by the additional or changed installation.

19. Standby and Resale Service.  All purchased utility service (other than emergency or standby service) used on the premises of Customer shall be supplied exclusively by FPU, and Customer shall not, directly or indirectly, sell, sublet, assign, or otherwise dispose of the utility service or any part thereof.

20. Notice of Trouble.  Customer shall notify FPU immediately should the service be unsatisfactory for any reason, or should there be any defects, trouble, or accidents affecting the supply of utilities. Such notices, if verbal, should be confirmed in writing.

21. Non-Standard Service.  Customer shall pay the cost of any special installation necessary to meet his particular requirements for service at other than FPU established standard voltages or for the supply of closer voltage regulation than required by standard practice.

22. Meter Test.  FPU will, at its own expense, make periodical tests and inspections of its meters in order to maintain a high standard of accuracy. FPU will make additional tests or inspections of its meters at the request of Customer, at the customer’s expense. If tests made at Customer’s request show that the meter is accurate within two percent (2%) fast or slow, no adjustment shall be made in Customer’s bill over a period of not over thirty (30) days prior to date of such test, and cost of making test shall be borne by the customer at a cost of the current rate as stated by FPU.

23. Incorrect Customer Billing.  If FPU determines a customer has been incorrectly billed for utility service, except as provided by Meter Test (see Rule and Regulation No. 22), then such incorrect billing shall be adjusted for either the overbilling or under billing. After a determination of overbilling or under billing for utility service has been made by the Distributor, an adjustment for overbilling or under billing shall be for any known or unknown causes (with the exception of Meter Tests) which result in incorrect constants, failure of utilities and potential transformer equipment, failure of any other related equipment involved in measuring consumption of utilities, improperly installed metering equipment, improper billing procedures, and other causes which result in incorrect billings for utility service to the Customer. The period of adjustment for any under billing or over billing shall be based upon the period of limitations under State Law.

24. Relocation of Outdoor Lighting Facilities.  FPU shall, at the request of Customer, relocate or change existing FPU-owned equipment. Customer shall reimburse FPU for such changes at actual cost including appropriate overheads.

25. Billing Adjusted to Standard Periods.  The demand charges and the blocks in the energy charges set forth in the rate schedules are based on billing periods of appropriately one month. In the case of the first billing of new accounts (temporary service,  cotton gins and other seasonal customers, excepted) and final billings of all accounts (temporary services excepted) where the period covered by the billings involves fractions of a month, the demand charges and the energy charges will be adjusted to a basis proportionate with the period of time during which service is extended.

26. Scope.  This Schedule of Rules and Regulations is a part of all contracts for receiving utility service from FPU, and applies to all service received from FPU, whether the service is based upon contract, agreement, signed application, or otherwise. A copy of this schedule, together with a copy of FPU’s Schedule of Rates and Charges, shall be kept open to inspection at the offices of FPU as well as posted on its website at www.fpu-tn.com. For additional information, see the Information to Customers Policy.

27. Revisions.  These Rules and Regulations may be revised, amended, supplemented by Policy, or otherwise changed from time to time, without notice. Such changes, when effective, shall have the same force as the present Rules and Regulations.

28. Conflict.  In case of conflict between any provisions of any rate schedule and the Schedule of Rules and Regulations, the rate schedule shall apply.
 

Revised October 2015