PURPOSE: This rule prescribes individual metering for
new multiple occupancy buildings and new mobile home parks for all electric
corporations under the jurisdiction of the Public Service Commission. This rule
is aimed at compliance with Sections 113(b)(1) and 115(d) of Title I of the
Public Utility Regulatory Policies Act of 1978 (PURPA), PL 95-617,
16 USC
2601.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. Therefore, the material which is so incorporated is on file with
the agency who filed this rule, and with the Office of the Secretary of State.
Any interested person may view this material at either agency's headquarters or
the same will be made available at the Office of the Secretary of State at a
cost not to exceed actual cost of copy reproduction. The entire text of the
rule is printed here. This note refers only to the incorporated by reference
material.
(1) For the
purposes of this rule-
(A) A building is
defined as a single structure, roofed and enclosed within exterior walls, built
for permanent use, erected, framed of component structural parts and unified in
its entirety both physically and in operation for residential or commercial
occupancy;
(B) Commercial adjacent
buildings are defined as buildings on a contiguous plot of land owned by one
(1) person, which buildings are occupied and used by one (1) person for single
type of commercial operation. A person for the purpose of this definition
includes any type of business entity;
(C) A commercial unit is defined as that
portion of a building or premises which by appearance, design or arrangement is
normally used for commercial purposes, whether or not actually so
used;
(D) Construction begins when
the footings are poured;
(E) A
mobile home park is defined as a contiguous parcel of land which is used for
the accommodation of occupied mobile homes;
(F) A multiple-occupancy building is defined
as a building or premises which is designed to house more than one (1)
residential or commercial unit; and
(G) A residential unit is defined as one (1)
or more rooms for the use of one (1) or more persons as a housekeeping unit
with space for eating, living and sleeping, and permanent provisions for
cooking and sanitation.
(2) Each residential and commercial unit in a
multiple-occupancy building construction of which has begun after June 1, 1981
shall have installed a separate electric meter for each residential or
commercial unit.
(3) Each mobile
home unit in a mobile home park, construction of which has begun after June 1,
1981 shall have installed a separate electric meter for each mobile home
unit.
(4) For the purposes of
carrying out the provisions of sections (2) and (3), the following exceptions
apply and separate metering will not be required:
(A) For transient multiple-occupancy
buildings and transient mobile home parks- for example, hotels, motels,
dormitories, rooming houses, hospitals, nursing homes, fraternities,
sororities, campgrounds and mobile home parks which set aside, on a permanent
basis, at least eighty percent (80%) of their mobile home pads or comparable
space for use by travel trailers;
(B) Where commercial unit space is subject to
alteration with change in tenants as evidenced by temporary versus permanent
type of wall construction separating the commercial unit space-for example,
space at a trade fair;
(C) For
commercial adjacent buildings;
(D)
For that portion of electricity used in central space heating, central hot
water heating, central ventilating and central air-conditioning
systems;
(E) For buildings or
mobile home parks where alternative renewable energy resources are utilized in
connection with central space heating, central hot water heating, central
ventilating and central air-conditioning systems; or
(F) For all portions of electricity in
commercial units in buildings with central space heating, ventilating and
air-conditioning systems.
(5) Any person or entity affected by this
rule may file an application with the
commission seeking a variance from all or
parts of this rule (
4 CSR 240-20.050 ) and for good
cause shown, variances may be granted as follows:
(A) The variance request shall be filed in
writing and directed to the secretary of the commission;
(B) If the commission deems it in the public
interest, a hearing may be held by the commission as in complaint hearings
before the commission; and
(C) A
variance
committee consisting of two (2) members of the
commission's utility
division staff and a member of the
commission's general counsel's office shall
be established by the
commission within thirty (30) days from September 28,
1981. The public counsel shall be an
ex officio member of this
committee.
1. The variance committee shall
consider all variance applications filed by utilities and shall make a written
recommendation of its findings to the commission for its approval.
2. Each applicant for a variance shall have
ten (10) days from the date of the variance committee's findings to either
accede or request a formal hearing before the commission.
3. If applicant accedes, the commission may
adopt the variance committee's findings or set the matter for formal hearing
upon the application of any interested person or upon the commission's own
motion.
(6)
The commission, in its discretion, may approve tariffs filed by an electric
corporation which are more restrictive of master metering than the provisions
of this rule.
