(renumbering 2011)

(renumbering 2011). **Rule 6. A., as amended by Order of the Commission in Docket 2009-AD-347, effective September 3, 2010. Rule 6. A. is now known as Rule 6.100. (renumbering 2011). CHAPTER 7: REFUSAL TO SERVE CUSTOMERS RULE 7. 100. COMPLIANCE BY CUSTOMER Any utility may decline to serve a customer or prospective customer until he has complied with all state and/or municipal regulations governing the service applied for and has also complied with the reasonable rules and regulations of the utility. 105. INADEQUATE FACILITIES A utility may decline to serve an applicant for service, or materially change the service of any customer, if in its judgment, it does not have adequate facilities to render the service applied for or the desired service is of such character that is likely to affect unfavorably the service to other customers; provided, if the utility is otherwise obligated to serve the applicant or change the service of the customer, it shall do so as soon as it may reasonably provide the required facilities. 110. HAZARDOUS EQUIPMENT The utility may refuse to serve a customer if, in its best judgment, the customer's installation of equipment is regarded as hazardous or of such character that satisfactory service cannot be given. This rule shall not be construed as imposing any duty upon a utility to determine the safety or suitability of a customer's installation of equipment for the use intended. 115. FOR INDEBTEDNESS 1. Residential Applicants A utility may decline to serve any applicant who is indebted to the utility for the same kind of service as that applied for; provided, however, that in the event the indebtedness of the applicant for service is in dispute, the applicant shall be served upon complying with the deposit required in Rule 9 hereof, and, in addition thereto, making a special deposit in an amount equal to the lesser of the amount of the net balance in dispute or five-hundred dollars ($500.00). Upon settlement of a disputed account, the balance, if any, of such special deposit due the applicant shall be promptly repaid. 2. Non-Residential Applicants A utility may decline to serve any applicant who is indebted to the utility for the same kind of service as that applied for; provided, however, that in the event the indebtedness of the applicant for service is in dispute, the applicant shall be served upon complying with the deposit required in Rule 9 hereof, and, in addition thereto, making a special deposit in an amount equal to no less than fifty percent (50%) of the net balance in dispute. Upon settlement of a disputed account, the balance, if any, of such special deposit due the applicant shall be promptly repaid. 120. COMPLAINT TO COMMISSION In any case of a dispute concerning refusal of service, the utility should inform the customer that he is privileged to lodge a complaint with the Commission concerning the matter if he chooses to do so. 125. INSUFFICIENT GROUNDS FOR REFUSAL TO SERVE The following shall not constitute sufficient cause for refusal of service to a present or prospective customer: 1. Delinquency in payment for service by a previous occupant (not of the same household as the present applicant) of the premises to be served. 2. Failure to pay for merchandise purchased from the utility. 3. Failure to pay for a different kind of public utility service. 4. Violation of the utility's rules pertaining to operation of nonstandard equipment which interferes with service to others, or other services such as communication services, unless the customer has first been notified and been afforded reasonable opportunity to comply with said rules; provided, however, that where a dangerous condition exists on a customer's premises, service may be refused or discontinued without notice. 130. EXPLANATION Residential customers may request a written explanation of the utility’s decision to refuse service. The explanation shall include the reason service is being declined and what actions the customer must take in order to receive service. The ratepayer shall provide the utility company with a valid mailing address where the response can be mailed. The utility shall provide and make available to their customers at all offices appropriate forms for use by the customer to request an explanation of the utility’s decision to decline service. The utility shall mail the written explanation within seven (7) business days after receipt of the written request by mailing U.S. Mail, postage prepaid, to the known address of the potential ratepayer.* Source: Mississippi Code Annotated § 77-3-45. CHAPTER 8: DISCONTINUANCE OF SERVICE RULE 8. 100. FOR VIOLATION OF RULES AND REGULATIONS 1. No utility shall discontinue service to any customer for violation of its rules and regulations nor for nonpayment of bills without first having used due diligence to give the customer notice of such violation or delinquency and reasonable opportunity to comply with its rules and regulations or to pay his bills. In no case shall service be actually discontinued until after at least (5) five days written notice shall have been given to the customer by the utility; provided, however, for fraudulent, careless, negligent, or unlawful use of the commodity or service, or where a dangerous condition is found to exist on the customer's premises, service may be discontinued without advance notice. This notice shall include a date on or after discontinuance may occur. Such notice may be given by the utility by mailing by U.S. Mail, postage prepaid, to the known address of the customer. ** 2. No utility shall discontinue service for nonpayment of bills to a residential customer on any Saturday or Sunday or any holiday observed by the utility unless the utility is open to accept payment (including, but not limited to, a money order) and restore service on those days. 3. The utility shall reconnect service in a prompt and efficient manner on the first business day after the balance due has been received by the utility, except under extreme circumstances where ongoing restoration efforts prevent reconnection from occurring within that time period.** 105. PAYMENT OF DELINQUENT ACCOUNTS 1. A customer shall have the privilege of paying any delinquent account at any time prior to the actual disconnection or turning off of service. Residential customers shall have the right to negotiate with any electrical or natural gas company a delayed payment plan to avoid discontinuation of service for a delinquent account in accordance with the utility’s terms and conditions. 2. No utility shall discontinue service to a residential customer for failure to pay a delinquent account if the residential customer has been approved for Low Income Home Energy Assistance Program (LIHEAP) benefits in an amount equal to the delinquent balance, payable within thirty (30) days, and the notice of the approval has been given to the utility provider. 3. Whenever a utility dispatches an employee to the premises of any customer for the purpose of discontinuing service for nonpayment, and the payment of such account is made to such employee without service actually being disconnected, a fee of $1.00 shall be added to and collected as a part of such delinquent account to cover, in part, the cost of dispatching such employee to the customer's premises. When service has actually been discontinued on account of the failure of the customer to pay a delinquent account or for any other reason without fault of the utility, if the customer desires the service to be restored at the same location, the utility shall require the customer to pay a reconnection charge of $2.00. The charges as set out in this paragraph and/or the application thereof, may be changed by the individual utility filing a tariff rate schedule, or service rule or regulation covering these charges as provided by law. ** 110. NOTICE OF DELINQUENCIES Notice of delinquencies as required in Section 100 of this Rule shall be considered to be given to the customer when a copy of such notice is left with such customer, left at the premises where service is provided, or posted in the U.S. Mail, addressed to the customer at his last known address. 115. CHANGE IN LOCATION OF SERVICE OR PREMISES SERVED When at a customer's request, the utility changes the location or premises at which service is rendered, the service at the new and old locations or premises and the account therefore shall, for the purposes of these rules, be deemed one service and one account and the change of the location or premises to which service is rendered shall not be deemed to affect the rights of the utility with regard to the application of deposit or discontinuance of service for non-payment of the account. 120. MID-WINTER UTILITY SERVICE CUTOFFS FOR ELECTRIC AND GAS RESIDENTIAL CUSTOMERS For the months of December, January, February and March of each year, residential customers who are unable to pay the full amount of their utility bill because of extreme financial difficulty may qualify for mid-winter rule which prohibits disconnection of service in those cases where the customer has complied with the following: 1. The customer shall inform the utility of the customer's inability to pay the utility bill in full due to extreme financial difficulty and shall, prior to the cutoff time provided in the notice of cutoff (if such notice has been given), deliver to the local office of the utility a copy of the most recent bill along with a signed statement by the customer clearly identifying the service location involved and certifying the existence of the extreme financial difficulty claimed. 2. Upon receipt of the above, the utility shall be prohibited from disconnecting the customer's service during the months of December, January, February and March if the customer agrees to the following extended payment plan: a. First, the customer shall pay the utility in full all amounts due utility on bills rendered to customer prior to November 11th. b. Second, the utility shall determine the monthly amount the customer would pay for utility service under the utility's level payment plan as provided for in the utility's filed tariff or by adding the amounts charged to that customer for utility service for the previous twelve (12) months and dividing the sum by twelve (12). If the customer has not received service from the utility for a sufficient period of time to determine a level payment amount for that specific customer, the utility will use a level payment amount for an average residential customer in the same geographical location. c. Third, the customer shall enter into a special payment plan, the first payment of which will be due upon execution of the plan, under which the customer shall pay the utility a sum equal to 133% of the levelized billing amount for the customer until such time as all amounts due the utility for previous utility service have been paid and the customer is current in his utility bill. Thereafter, at the option of the utility, the customer may be required to participate in the utility's level payment plan and shall pay the utility each month, the levelized billing amount applicable to that particular customer. 3. Should the customer enter into an agreement with the utility as set forth above and fail to abide by the terms of that agreement, the utility shall have the right to terminate service to the customer after giving at least five (5) days written notice to the customer. Provided, however, a customer's service shall not be terminated under circumstances during the months of December, January, February or March if the customer has provided the utility with a written statement signed by a licensed physician certifying that the discontinuance of domestic heating service to the customer would create a medical emergency for the customer or any member of the customer's household. 4. Any customer claiming the benefit of the "medical emergency" exception to this rule shall not have service terminated following the expiration of the midwinter period if, by April 1st following the mid-winter period the customer agrees to pay, and does pay, to the utility a sum equal to 133% of the levelized billing amount provided for above from and after April 1st and until such time as all amounts due the utility for previous utility service have been paid and the customer is current in his utility bill. 5. All public utilities subject to this rule shall provide and make available to their customers at all offices appropriate forms for use by the customer in certifying the claimed financial emergency or the medical emergency condition. Said forms shall be approved for use by the Public Service Commission. The utility shall issue a receipt to the customer acknowledging receipt of any written notice or other material delivered by the customer pursuant to this rule and, in the event of a dispute between the utility and the customer, the customer's proof of delivery shall be the receipt. 6. Any customer claiming the privilege of this rule may be required to sign a waiver permitting the utility to obtain income or benefit information from any public or private agency or from any private employer. The utility shall not divulge this information to any person or entity other than the customer or the Public Service Commission without the consent of the customer. 7. Notwithstanding any other provision of this rule to the contrary, a customer shall not be allowed to carry forward any unpaid balance due under the provisions of this plan beyond December 1st of the following winter season. 8. Nothing herein shall prevent the utility and the customer from agreeing on a different payment plan more acceptable to the customer than the plan set forth above.* 125. OTHER EXCEPTIONS TO UTILITY DISCONTINUANCE OF SERVICE 1. LIFE THREATENING SITUATION a. No utility shall discontinue service to any residential customer for a period of sixty (60) days for nonpayment when the utility receives written notice from a medical doctor licensed to practice in the State of Mississippi, or any adjoining state, certifying that discontinuance of service would create a life threatening situation for the customer or other permanent resident of the customer’s household. b. All public utilities subject to this rule shall provide and make available to their customers at all offices appropriate forms for use by the customer in certifying the life threatening situation. The utility shall issue a receipt to the customer acknowledging receipt of the written notice pursuant to this rule. 2. NON-UTILITY SERVICE No utility shall discontinue service to any customer for failure to pay the utility for non-utility services or products. 3. EXEMPTIONS FOR TEMPERATURE a. No utility shall discontinue electrical or natural gas service to a residential customer for nonpayment of bills if, as of 8:00 a.m. on the scheduled disconnection day, a freeze warning has been issued by the National Weather Service for the county of the scheduled disconnection. b. No utility shall discontinue electrical service to a residential customer for nonpayment of bills if, as of 8:00 a.m. on the scheduled disconnection day, an Excessive Heat Warning has been issued by the National Weather Service for the county of the scheduled disconnection.** *Rule 8. E., Initiated by Order of the Commission in Docket U-4793, effective December 10, 1986. Rule 8.E. is now known as Rule 8.120. (renumbering 2011). **Rules 8.A, 8.B and 8.F., as amended by Order of the Commission in Docket 2009-AD-347, effective September 3, 2010. Rule 8.A. is now known as Rule 8.100. Rule E 8.B. is now known as Rule 8.105. Rule 8.F. is now known as Rule 8.125. (renumbering 2011). CHAPTER 9: CUSTOMER DEPOSITS RULE 9. 100. DEPOSIT REQUIREMENTS 1. REGULAR CUSTOMER CLASSIFICATION Each utility may require from any customer or prospective customer a cash deposit to guarantee the payment of any such bills due or which may become due from such customer and safe return of all property belonging to the utility installed at the customer's premises or elsewhere. Such required deposit shall not exceed an amount equivalent to a single estimated average bill in the case of residential customers and two estimated maximum bills for any other customers; provided, however, for all utilities as defined in 77-3-3(d)(3) of the Mississippi Code of 1972, the required deposit shall not exceed the average final bill of customers with similar class and type of service. Each utility may require a reasonable deposit to guarantee safe return of personal property placed in the possession of the customer.* 2. SPECIAL CUSTOMER CLASSIFICATION Upon request, each utility shall refund the Cash Deposit collected from a residential customer or waive any requirement of Cash Deposit from a residential customer when such person meets the following specific criteria: a. Presents satisfactory proof that his or her age is sixty (60) years or more. A birth certificate shall be considered satisfactory proof of age. b. indicates that he or she is a primary user of the utility service and subscribed for such service in his or her own name. c. Affirms responsibility for the payment of bills for the utility. d. Has demonstrated a reasonable payment pattern by having had no balance carried forward from one month's bill to the next during the prior twelve month period. In the event that such deposit has been refunded or waived and the customer's payment pattern changes from the foregoing to one of greater frequency of past due bills or bills with prior balances, customers will be required to restore the deposit so refunded or waived plus any additional amount required to guarantee payment up to the limits set forth in paragraph (1) above.** 3. PAYMENT OF DEPOSITS Residential customers may negotiate monthly installments for initial service deposits in excess of One Hundred Dollars ($100.00) provided that the entire amount of the deposit is paid within 60 days. ***** 105. RECORDS OF DEPOSIT Each utility having on hand deposits from customers shall keep records to show (1) the name of the customer making the deposit, (2) the account number or other identification of the premises occupied by the customer making the deposit, (3) the amount and date of making the deposit, and (4) a record of each transaction concerning the deposit. 110. RECEIPTS Each utility shall issue to every customer from whom a deposit is received a non-assignable receipt. Each utility shall provide reasonable ways and means whereby the depositor who makes application for the return of his deposit or any balance to which he is entitled but is unable to produce the original receipt may receive his deposit or balance. 115. USE OF DEPOSIT Upon final discontinuance of service, the utility shall apply such deposit to any amount due by the customer for service and for damage or loss of all utility property. If any balance is due the customer, it shall be promptly refunded. 120. UPON SALE OR TRANSFER OF UTILITY Upon sale and transfer of any utility or one or more operating units thereof, the seller shall file with the Commission, under oath, a list showing the names of all customers served by such utility (or such unit, or units) who have to their credit a deposit, the date such deposit was made and the amount thereof. 125. ADDITIONAL DEPOSIT A new or additional deposit may be required upon reasonable written notice of the need for such a requirement in any case where a deposit has been refunded or is found to be inadequate as above provided for, or where a customer's credit standing is not satisfactory to the utility. The service of any customer who fails to comply with these requirements may be discontinued upon reasonable written notice. 130. INTEREST 1. Cash deposits made by customers which are held by any public utility for one (1) year or more, shall earn simple interest that is no less than the twelve month average of the 10- year Treasury Note Yield as published by the Federal Reserve System, but not to exceed the general interest rate established by Mississippi Code Ann. §75-17-1(1). The applicable interest rate will be determined and posted on the Commission’s website on or before December 15th of each calendar year and will be effective for the prospective year.**** 2. All accrued interest held by a utility organization shall be paid in cash or credited to the customer's account on or before July 1st of each successive third year during which service is connected, The principal sum of the Cash Deposit and any unpaid interest shall be applied to the customer's final bill, and any excess amount shall be paid to the customer in cash. Cash Deposits held for less than one full year shall earn no interest.*** *Rule 9. A.(1), as amended by Order of the Commission in Docket U-3761. effective February 5, 1980. Rule 9.A.(1). is now known as Rule 9.100(1). (renumbering 2011). **Rule 9. A.(2). as amended by Order of the Commission in Docket U-3468, effective May 8, 1978. Rule 9.A.(2). is now known as Rule 9.100(2). (renumbering 2011). ***Rule 9, G., as last amended by Order of the Commission in Docket U-4859, effective August 6, 1986. (Sixth Amendment) Rule 9.G. is now known as Rule 9.130 (renumbering 2011). ****Rule 9(G.)(1) Amended by Order of the Commission in 2003-AD-161, effective October 1, 2003 (Seventh Amendment). Rule 9.G.(1). is now known as Rule 9.130(1). (renumbering 2011). *****Rule 9.(A).(3) Amended by Order of the Commission in 2009-AD-347, effective September 3, 2010. Rule 9.A.(3). is now known as Rule 9.100 (3). (renumbering 2011). 135 VICTIMS OF DOMESTIC VIOLENCE 1. TEMPORARY WAIVER OF DEPOSIT A customer or applicant that has been determined to be a victim of domestic violence by a domestic violence shelter, as defined in Miss. Code Ann. § 93-21-101 (2014), shall be exempt from public utilities’ initial deposit requirements, as established in that utility’s tariff for new accounts at existing service locations, for a period of sixty (60) days. This determination shall be evidenced by submission of a certification letter to the utility. The certification letter must be printed on the letterhead of the certifying agency or accompanied by a letter on agency letterhead identifying the certifying individual. The certification letter expires after ninety (90) days. 2. CONFIDENTIALITY OF CERTIFICATION LETTER The utility shall deem the certification letter and the contents thereof as confidential. Any employee, contractor, volunteer or agent of a public utility in possession of information which would tend to identify a victim of domestic violence, who discloses any information that is exempt from disclosure under the Mississippi Public Records Act of 1983, or makes any observation or comment about the identity or condition of any person admitted to a shelter or receiving services of a shelter, unless directed to do so by an order of a court of competent jurisdiction, shall be subject to all applicable penalties imposed by Mississippi law for violation of Commission rules, and in addition, shall be civilly liable to the person whose personal information was disclosed in the amount of Ten Thousand Dollars ($10,000.00), plus any compensatory damages that the individual may have suffered as the result of the disclosure and any penalties imposed. Source: MISS. CODE ANN. § 77-3-45 (2006) Certification Letter for Victim of Domestic Violence for Waiver of Initial Utility Deposit This letter serves to certify that _______________________________________(Name of Applicant for Service) is a victim of domestic violence, and therefore has demonstrated satisfactory credit for the purposes of establishing service. Requirement of initial deposit must be waived for the above named customer for a period of sixty (60) days. The following Certifying Entity has determined that the above named Applicant is a victim of domestic violence. Domestic Violence Shelter (Shelter name):_________________________________________ By my signature I certify that the above named Applicant has been determined to be a victim of domestic violence, and I am qualified to make that determination. Signature: _____________________________________Date:___________________________ Printed name: __________________________________________________________________ Job Title: _____________________ __________Phone Number: _________________________ Supervisor:______________________________Phone Number:_________________________ Title of Supervisor:______________________________________________________________ This form expires ninety (90) days from the date of the signature of the certifying individual. CHAPTER 10: BILLING RULE 10. 100. RENDERING AND FORM OF BILLS Bills to customers shall be rendered regularly and shall show the meter reading and date at the end of the period covered by the bill, the quantity consumed, the gross and/or net amount of the bill, the dates of the bill or of delinquency, and if practicable, the designation of the applicable rate schedule and other essential facts upon which the bill is based. 105. DISPUTED BILLS 1. Residential Customers In the event of a dispute between the customer and the utility respecting any bill, the utility shall forthwith make such investigation as shall be required by the particular case, and report the results thereof to the customer. When the amount to be paid is in question, the customer may make a deposit with the utility in an amount equal to the lesser of the amount of the disputed bill or five-hundred dollars ($500.00), whereupon service shall not be discontinued pending settlement of the dispute. Upon settlement of the dispute by any means permitted or provided by law, the balance, if any, due the customer shall be promptly repaid. 2. Non-Residential Customers In the event of a dispute between the customer and the utility respecting any bill, the utility shall forthwith make such investigation as shall be required by the particular case, and report the results thereof to the customer. When the amount to be paid is in question, the customer may make a deposit with the utility covering no less than fifty percent (50%) of the amount of the disputed bill, whereupon service shall not be discontinued pending settlement of the dispute. Upon settlement of the dispute by any means permitted or provided by law, the balance, if any, due the customer shall be promptly repaid. 110. METER ERRORS, CORRECTED AND PRO-RATED BILLS 1. Whenever a meter in service is found, upon tests made by the utility or Commission in response to customer complaints, to be in error in excess of three per cent (3%) (4% for electrical thermal demand meter) or two per cent (2%) (4% for electrical thermal demand meter) fast in case of meter found to have been in service without a record test for a period of longer than that prescribed by the Commission for each kind of meter as determined by the method herein prescribed by the Commission for finding the average error for each kind of meter, a correction to the customer shall be made as follows: a. If the date the meter first became incorrect can be definitely ascertained, the correction shall be for the amount charged since that date over or below what the billing would have been had the meter registered with one hundred (100) per cent accuracy. b. In all other cases, the correction shall be calculated as follows: The customer's metered consumption for a period of three (3) months, next preceding the date of the test or the date the meter was removed for the purpose of test, shall be reduced or increased by the application of the percentage of error related to one hundred (100) per cent accuracy as determined by the test. The rates effective during said period shall be applied to this adjusted consumption and the difference between the amount so obtained and the actual billing shall be refunded or charged to the customer; provided, however, that no refund shall be allowed in any case if the seal on the customer's meter or metering equipment is found to be broken or if there is any other evidence that the meter or metering equipment has been tampered with. 115. SEPARATE METERING AND BILLING Separate customer premises shall be metered and billed separately even if under common ownership, and combined metering or billing shall not be permitted, Such premises shall be considered separate when not on the same tract or contiguous tracts of land or served from separate services, or when each is a complete unit not physically integrated with, or essentially a part of the other or others. Tracts of land separated by public streets, roads or alleys shall be considered non-contiguous tracts. This rule does not require that existing office or apartment buildings separate the services to each office or apartment in the individual buildings. Source: Mississippi Code Annotated § 77-3-45. CHAPTER 11: METERS RULE 11. 100. USE OF METERS REQUIRED 1. All water, gas and electric service furnished by a utility shall be charged for by meter measurements, except in instances where charges may otherwise be made by permission of the Commission. Service used by the utility or any of its departments shall be accounted for by meter measurements except for minor incidental use where metering would not be practical. 2. Unless otherwise authorized by the Commission, or contemplated or provided in any rate schedule or service rule or regulation, legally in effect, or in a franchise or lease agreement heretofore in effect, each utility shall provide and install, at its own expense (except as to accommodations for meters and metering equipment) and shall continue to so provide, maintain and operate all equipment necessary for the delivery, regulation and measurement of service to the point of delivery to its customers. Where additional meters or equipment are furnished by the utility only for the convenience of the customer, charges therefore shall be made in accordance with a schedule legally in effect. 105. RECORDS OF METERS 1. A record shall be kept of each meter used by each utility which shall indicate the identification, current location, when possible the purchase date, and a complete record of the last test. 2. When any service meter is tested, a copy of the test records shall be preserved, including the information necessary for identifying the meter, the reason for making the test, the reading of the meter upon removal from service, and the result of the test, together with all data taken at the time of the test in sufficiently complete form to permit a convenient check of the methods employed and the calculations involved.* 110. METER READING 1. Each service meter shall indicate clearly the units of service for which charge is made to the customer. In cases where the dial reading of the meter must be multiplied by a constant to obtain the units consumed, the proper constant to be applied shall be clearly marked on the face or dial of the meter. 2. Each utility shall, upon written request of any customer, furnish to the customer a statement showing the date that the meter on customer's premises was read for billing purposes, and either the total reading expressed in units of service recorded by the meter or showing the positions of the hands upon the dial of such meter at the time the reading was taken. 3. a. The meter reading date may be advanced or postponed but in no event shall a utility in the ordinary course of business, schedule a regular meter reading cycle for customers covering less than twenty-five (25) or more than thirty-five (35) calendar days. Initial bills, final bills or any bill for less than twenty-five (25) days or more than thirty-five (35) days may be adjusted. b. Should acts of God, flood, strike or other emergency conditions beyond the control of the utility necessitate that the period between meter reading dates for monthly bills (excluding initial, final, rerouted, or reassigned account number bills) be more than thirty-five (35) days, the utility shall notify the Commission and may either bill residential customers based upon a meter reading adjusted back to thirty (30) to thirty-five (35) days or bill customers for the service rendered even though the bill covers more than thirty-five (35) days. However, should any bill to any residential customer cover a period in excess of thirty-five (35) calendar days, that customer may deduct an amount equal to the average daily cost multiplied by the number of days for which service was billed in excess of thirty-five (35) calendar days and postpone payment of the amount so deducted until his next normal billing cycle. The utility shall carry forward the amount so deducted by the customer until the next normal billing cycle for the customer. c. Bills for service shall be rendered within thirty (30) days from the reading of the meter except as may be otherwise specifically authorized by the Commission.** 4. Utilities utilizing meters shall not bill a customer for services rendered, except on the basis of the actual meter readings. Estimated meter readings may be utilized only when, for reasons beyond the control of the utility (such as inclement weather or inaccessible meters), an actual meter reading cannot be obtained. After the second consecutive monthly estimated reading, the utility must notify the customer in writing at the billing address on the customer’s account record, explaining the reason for the estimate and any action required by the customer that would allow the utility to take actual readings. This rule does not preclude a utility from entering into an agreement with a customer that would allow the utility to obtain estimated readings on a routine basis, nor does this rule preclude a utility from making application with the Commission to incorporate in the utility’s service policy, pursuant to Commission Service Rule 15, a utility specified meter reading estimation program. *** 115. PREPAYMENT METERS The use of prepayment meters shall be at the option of the utility and each utility having prepayment meters in service shall at the end of each collection period, inform the customer of the reading of the meter at the beginning and end of the period and the amount of money taken from the meter for the period corresponding to the meter reading. Adjustments shall be made annually or at the end of the service period, if less than one year, for the difference, if any, between the charges for the service received by the customer as indicated by the meter readings and the money collected from the meter. 120. METER TESTS ON REQUESTS OF CUSTOMER Each utility shall make a test of the accuracy of registration of a meter upon request of a customer. If such test shows the meter to be slow or within tolerance limit as to accuracy of registration, the customer may be required to pay a reasonable charge as set out in the company's rules and regulations, in advance, for each test so made. If the test shows the meter to be fast and in excess of the tolerance limit of accuracy, such test shall be made at the expense of the utility. Adjustment shall be made with the customer as provided under Rule 10.115. *Rule 11. B.(2) , as amended by Order of the Commission in docket 92-UA-0383 effective December 15, 1992. Rule 11.B.(2) is now known as Rule 11.105(2). (renumbering 2011). **Rule 11. C.(3), as amended by Order of the Commission in Docket U-3469, effective January 2, 1980. Rule 11.C.(3) is now known as Rule 11.110(3). (renumbering 2011). ***Rule 11.C.(4) Amended by Order of the Commission in Docket 1994-UA-5, Effective May 1, 2004. Rule 11.C.(4) is now known as Rule 11.110(4). (renumbering 2011). CHAPTER 12: NEW CONSTRUCTION RULE 12. 100. REPORTS ON NON-CERTIFIED CONSTRUCTION Within thirty (30) days after the end of each calendar quarter, each utility shall file with the Commission a report or map in such form as the Commission may approve showing all construction outside of municipalities in excess of one-half mile extensions for which no certificate of convenience and necessity was required under the Rules and Regulations of the Commission. 105. STANDARDS OF CONSTRUCTION, OPERATION AND MAINTENANCE 1. As part of the Commission's overall responsibility to assure the rendition of reasonably adequate and reliable utility service, Parts 2 and 3 and Section 9 of the 1993 Edition of the National Electrical Safety Code C2-1993) and the identical or substantially similar parts and/or sections of any effective superseding edition of the National Electrical Safety Code are prescribed to provide guiding principles for the installation, operation and maintenance of electric supply and communications lines (both overhead and underground) and for recognized adequate grounding methods. Compliance with the provisions of Parts 2 and 3 and Section 9 of the 1993 Edition of the National Electrical Safety Code and the identical or substantially similar parts and/or sections of any effective superseding edition of the National Electrical Safety Code shall constitute sound operational procedure and good engineering practice.* 2. The prescribed principles are deemed to be uniformly applicable to the various systems and diverse equipment operated by all public utilities rendering electric or telecommunications service under the jurisdiction of the Commission. 3. The operation, or effect, of any aspect of this rule shall not be retroactive, nor shall it be interpreted to require that any particular installation be modified to comply with any revised or upgraded requirement of later or future provisions of the National Electrical Safety Code. 4. The administrative authority referred to in the Code in this case is the Public Service Commission. 110. EXTENSIONS OF SERVICE. Each utility shall set forth in its tariffs, schedules or service rules filed with the Commission the conditions and circumstances under which line extension or extensions of service will be made, including the methods of computing and contribution required in aid of construction, and copies of such provisions shall be kept on file in the local business office(s) of the utility and thereby made available for public inspection. In consideration of the requirements of the Tax Reform Act of 1986, all contributions in aid of construction requested of a customer by a utility from and after August 1, 1988 shall be calculated so as to include the cost of any state or federal income taxes due from the utility on such contribution.** *Rule 12.B.(1), as last amended, by Order of the Commission in Docket 81-UA-4071, effective December 15, 1992. (Fifth Amendment). Rule 12.B.(1) is now known as Rule 12.105(1). (renumbering 2011). **Rule 12.C. As last amended by Order of the Commission in Docket U-5092, effective August 1, 1988. Rule 12.C. is now known as Rule 12.110. (renumbering 2011). CHAPTER 13: JOINT OPERATION RULE 13. 100. Where a utility supplies two or more kinds of service, or engages in non-utility enterprises, suitable instruments shall be installed and records maintained so that the services rendered to each of the utility's several operations may be accurately determined. CHAPTER 14: POLES AND OTHER STRUCTURES RULE 14. 100. IDENTIFICATION 1. Poles, towers, and other supporting structures shall be constructed, located, marked or numbered so as to facilitate identification thereof by employees authorized to work thereon. Date of installation or year of manufacture of each such structure shall be recorded by the owner by a year nail driven into the pole, or by other appropriate means or records. 2. Where two or more utilities maintain poles, towers, or other supporting structures within the same municipality, each utility shall, within a reasonable time after the adoption of these rules, mark each such pole, tower, or other supporting structure with the initials of its name, abbreviation of its name, corporate symbol, or other distinguishing mark by which the owner of each structure may be readily and definitely determined. 3. In the case of two or more utilities jointly owning any such pole, tower, or other supporting structure, the distinguishing mark of each utility shall be placed thereon. 4. In the case of poles, towers, or other structures erected upon private rights of way or on public ways, when of such character that the construction may be deemed to be a through line, marks shall be affixed more frequently than to every tenth structure. 5. The requirements herein shall apply to all future erected structures and to all changes in ownership and, as far as may be practicable, to all existing structures. 6. Every utility shall file with the Commission, in duplicate, a statement showing (a) the initials, abbreviations of name, corporate symbol or distinguishing mark used by it for the purposes herein specified, (b) the means of marking to be employed, and (c) the method intended to be followed in marking for identification structures upon through lines. CHAPTER 15: SERVICE RULES AND REGULATIONS RULE 15. 100. TO BE FILED Within sixty (60) days after the effective date of these rules, each utility shall file with the Commission a true copy of its Service Rules and Regulations, certified by an officer or the manager of the utility to be correct, unless the same have been previously filed pursuant to order of the Commission. If such utility does not have written Service Rules and Regulations in effect upon the effective date hereof, it shall within such sixty-day (60) period so notify the Commission in writing. shall adopt and put into effect written Service Rules and Regulations, and shall file a true written copy thereof, certified as above provided, with the Commission within ninety (90) days after the effective date of these rules. 105. MUST BE APPROVED Such Service Rules and Regulations shall be subject to the approval of the Commission. If the Commission finds that changes should be made therein before approval thereof, the utility will be invited to appear and be heard upon any such proposed charges. Thereupon the Commission will approve such Service Rules and Regulations in their original or changed form. SUBPART 2: SPECIAL RULES - ELECTRICITY CHAPTER 16: LOCATION OF METERS RULE 16. 100. The center of meters hereafter installed shall not be more than seven (7) feet nor less than four (4) feet from the ground or floor level except as modified below. 1. OUTDOOR METERS a. Where meters are installed outside, they shall be placed on the exterior of buildings or on poles owned or used by the utility in locations readily accessible to authorized utility representatives for meter reading, testing and maintenance and shall not be subject to severe vibration. b. Meters shall not be installed in locations where the meter readers or service men may inadvertently damage flower beds or shrubbery, or where it will be necessary for them to climb over fences or other obstructions to service the meters. Meters shall not be placed in locations where they may be accidentally damaged, such as on buildings where they will extend unguarded into alleys or driveways, or where they will cause inconvenience either to the customer or the utility's representative. 2. INDOOR METERS a. Where meters are installed indoors, they shall be located on the first floor or in the basement where they will be readily accessible to authorized utility representatives for meter reading, testing and maintenance and shall not be subject to severe vibration or excessive dampness. Meters shall not be installed near belts or moving machinery that might endanger the safety of meter readers or service men. b. Meters shall not be located in basements where the only entrance is through a trap door. Meters shall not be placed on lattices, in coal bins, wood bins, sheds, attics, bedrooms, bathrooms, toilet rooms, restaurant kitchens, stairways, ventilating shafts, elevator shafts, furnace rooms (the latter at the discretion of the utilities), or in any place where the visits of the meter reader will cause inconvenience either to the customer or the meter reader. c. A utility may, at its option and at its expense, relocate meters, provided that relocations made necessary to prevent interference with a meter or the reading thereof, or a recurrence of discovered tampering, unauthorized diversion of service may be made at the expense of the customer. CHAPTER 17: METER TESTING FACILITIES AND EQUIPMENT RULE 17. 100. STANDARDIZING LABORATORY Whenever any utility is maintaining or shall hereafter establish and maintain a standardizing laboratory, periodic inspection by the Commission will be made of the instruments and methods in use, and if instruments and methods are acceptable to the Commission after such inspection, certification of meters and instruments for use by that or any other utility may be made by such laboratory. Utilities not maintaining standardizing laboratories may obtain authorization from the Commission to have certification of meters and instruments made for them by any approved standardizing laboratory. 105. FACILITIES AND EQUIPMENT Each utility furnishing metered electric service shall provide or have available for its purpose such meter testing facilities, standard meters, instruments and other equipment and facilities as may be necessary to make the tests required by these rules. Such equipment and facilities shall be acceptable to the Commission and shall be available at all reasonable times for the inspection of any authorized representatives of the Commission. Such equipment and facilities may, if the utility desires, be located outside the State of Mississippi, but wherever located, the Commission shall be informed in writing of the location thereof. 110. TEST STANDARDS 1. PORTABLE TEST INSTRUMENTS Each utility furnishing metered electric service shall provide or have available for its purposes, portable indicating electric testing instruments or watt-hour meters of suitable range and type for testing service watt-hour meters, demand meters, switchboard instruments, recording volt meters, and other electric instruments in use acceptable to the Commission. 2. REFERENCE STANDARDS For testing the accuracy of portable watt-hour meters, commonly called "rotating standards", and other portable instruments used for testing service meters, each utility shall provide or have available for its purposes, as reference or check standards, suitable indicating electrical instruments, watt meters, watt-hour meters, or any or all of them, hereinafter called "reference standards". Such standards may be of the service type of watt-hour meters, but if so, such watt-hour meters shall be permanently mounted in the meter laboratory of the utility and be used for no other purpose than for checking working rotating standards. Reference standards of all kinds will be tested and if necessary adjusted by the Commission at least once a year, unless a standardizing laboratory is maintained as provided for in Section 100 of this rule. 3. PORTABLE WATT-HOUR METERS All portable watt-hour meters (rotating standards), shall be compared with the reference standards at least once each three (3) months during the time such portable testing standards are being regularly used. Unless accompanied by a calibration card, if such check shows any portable watt-hour meter (rotating standards) to be in error more than one (1) per cent plus or minus at any load at which the standard will be used, such meter shall be tested, adjusted and certified in the laboratory or by the Commission. Each portable watt-hour meter (rotating standards) shall at all times be accompanied by a certificate or calibration card, signed by the proper authority, giving the date when it was last certified and adjusted. Records of certification and calibration shall be kept on file in the offices of the utility for a period of at least one (1) year. 4. PORTABLE TESTING INSTRUMENTS All portable indicating electrical testing instruments, such as volt-meters, ammeters and watt meters, when in regular use for testing purposes, shall be checked against suitable reference standards at least once in three (3) months when continually in use and, if found appreciably in error at zero or in error by more than one (1) per cent of full scale value at commonly used scale deflections, shall, unless accompanied by a calibration card, be adjusted and certified in some approved laboratory or by the Commission. Portable equipment infrequently used shall be compared with a standard before using. All portable indicating electrical instruments used for the companies' own information or general testing purposes shall not be subject to these rules. CHAPTER 18: ACCURACY REQUIREMENTS FOR SERVICE WATT-HOUR METERS RULE 18. 100. INITIAL AND TEST ADJUSTMENTS 1. No watt-hour meter that has an incorrect register constant, test constant, gear ratio, or dial train, or that registers upon no load ("creeps") shall be placed in service or knowingly allowed to remain in service without adjustment and correction. A meter in service creeps when, with all load wires disconnected, the moving element makes one complete rotation in five (5) minutes or less. 2. No watt-hour meter that has an error in registration of more than plus two (2%) or minus four (4%) per cent at light load, or plus or minus two (2%) per cent at full load, shall be placed in service or knowingly be allowed to remain in service without adjustment. Whenever on installation, periodic or any other test, a meter is found to exceed any one of these limits, it must be adjusted. Light load shall be approximately ten (10%) to twenty (20%) per cent the rated capacity of the meter. Full load shall be approximately one hundred (100%) to two hundred (200%) per cent of the rated capacity of the meter. 3. Meters must be adjusted as closely as practicable to the condition of zero error. The tolerances are specified to allow for necessary variations, and meters must not be adjusted to the tolerance allowable. 105. AVERAGE ERROR In tests by the Commission or utility, in response to complaints by the customer, the average error of a meter shall be determined by the following method: Take one-fifth of the algebraic sum of (1) the error at light load, (2) three times the error at normal load, and (3) the error at full load. In determining normal load, the following percentages of the several classes of full-connected installations may be used: 1. Residence and apartment building .....................................................25% 2. Elevator Service...................................................................................40% 3. Factories (individual drive), Churches, Offices....................................45% 4. Factories (Shaft drive) theaters, clubs, hallways, entrances and general store lighting ..........................................................................60% 5. Restaurants, pumps, air compressors, lee machines, and moving picture theaters................................................................70% 6. Sign and window lighting, blowers and battery charging ..................100% CHAPTER 19: ACCURACY REQUIREMENTS FOR DEMAND METERS RULE 19. 100. Demand meters must be adjusted to meet the following accuracy requirements on installation and after periodic or any other test: 1 . Curve drawing instruments: Electrical element . . . Error shall not exceed two (2%) per cent of full scale deflection Timing element (Rate) ... 0.25 per cent 2. Integrated-demand meters: Electrical element . . . Tolerance specified in Rule 18 watt-hour meters. Timing element . . . Where the timing element serves only to measure the demand interval it should be adjusted if its rate is more than plus or minus two (2%) per cent in error. Where the timing element serves also to keep a record of the time of day at which the demand occurs, it should be adjusted if its average rate is more than plus or minus 0.25 per cent in error. 3. Lagged-demand meters: Electro-magnetic type . . . two (2%) per cent of full scale deflection Thermal type . . . four (4%) per cent of full scale deflection CHAPTER 20: SERVICING UTILIZATION AND CONTROL EQUIPMENT RULE 20. 100. SERVICING Utilities shall service and maintain any equipment they use on customer's premises and shall adjust thermostats, clocks, relays or time switches, if such devices must be so adjusted to provide service in accordance with the rate provision. 105. ADJUSTMENTS The time switches used by the utility for controlling equipment such as water heaters and street lights shall be such quality that the timing mechanism may be adjusted so as to be accurate within ten (10) minutes per month. Time switches used by the utility for controlling street lighting or display lighting shall be inspected or operation observed at least once a month, and, if in error, adjusted and also adjusted upon complaint if found in error or when service interruptions cause them to be in error by one-half (1/2) hour or more. Time switches and control devices used by the utility for controlling off-peak appliances shall be inspected or operation observed periodically and adjusted if in error, and also adjusted upon complaint if found in error, or whenever service interruptions result in error of two (2) hours, or more, or in supplying service to off-peak appliances during peak periods. CHAPTERS 21: PLACE AND METHODS FOR METER TESTING RULE 21. 100. TESTING IN PLACE All tests on watt-hour meters and demand meters in service made upon complaint or request of the customer as provided for these rules shall, if practicable, be made in the place of permanent location on the customer's premises, with approved testing apparatus and under the local conditions of operation, unless otherwise stated in any rules or allowed by special order of the Commission. 105. INSTRUMENT TRANSFORMER AND SHUNT Watt-hour meters installed with instrument transformers or shunts shall be tested jointly with such transformers or shunts, unless the ratio and phase angle of the transformers and the resistance of the shunts have been previously determined within ten (10) years and are on file at the office of the utility for use in calculating results of test. All such calibration tests must have been made by a laboratory of recognized standing or by the utility, using apparatus and methods satisfactory to the Commission. Unless the accuracy of the transformer ratios is questioned, manufacturer's rating will be acceptable. 110. ROUTINE METER TESTS Meters may be removed from customer's premises and tested in the meter shop of the utility for routine tests. CHAPTER 22: INSTALLATION TESTS RULE 22. 100. ACCURACY All watt-hour and demand meters shall be tested and adjusted to register accurately to within the limits specified in Rules 18 and 19 before initial installation or within sixty (60) days after such installation. However, a utility may rely upon the statement of accuracy furnished by a meter company on meters purchased or repaired, provided that a test check shall be made on samples taken from each order to determine that said order is in accordance with the accuracy specified. Meters reinstalled shall be tested before such reinstallation or within sixty (60) days thereafter if more than three (3) years have elapsed since initial installation or prior test. 105. LOW POWER FACTOR Watt-hour meters that are to be used for customers found to have low power factor (lagging current) shall be tested and adjusted before installation to register correctly to within two (2%) per cent plus or minus, at a power factor of approximately fifty (50%) per cent, and at approximately one hundred (100%) per cent estimated current. CHAPTER 23: PERIODIC TEST OF WATT-HOUR AND DEMAND METERS RULE 23. 100. PERIODIC TEST All types of watt-hour meters and demand meters installed upon customer's premises, shall be periodically tested according to schedules below, and in accordance with Rule 18, 19, 21 and 22. SCHEDULE For periodic testing of watt-hour meters and curve drawing and integrating demand meters. Rated Capacity of Meter To be tested at least once in every…. Alternating Current Meters: (1)Single Phase: Exceeding 50 amperes 60 months 50 amperes 120 months1 (2) Polyphase: Exceeding 50 kilovolt amps 60 months 50 amperes or less 60 months SCHEDULE For periodic testing of lagged-demand meters2 (1) Proportional timing 4 years (2) Exponential timing 5 years 105. RECORD OF TEST All watt-hour and demand meters in service on and after the effective date of these rules, for which there is on file at the utility's office no record of test made within the period of time specified for that class and rating of meter in schedules above, shall be tested as soon as practicable. 110. FAILURE TO MAKE TEST The Commission may relieve the utility from the requirements under this rule in any particular case in which it is shown that the failure to make the periodic test was due to causes beyond the utility's control. 1 This time may be extended to 180 months provided meters purchased prior to January 1, 1937, are tested at least once in every ninety (90) months. 2 When combined with the kilowatt hour meter the demand meter may, at the option of the utility, be tested at the same time and interval as the associated kilowatt hour meter. CHAPTER 24: TESTS RULE 24. 100. BY COMMISSION Upon written application by any customer to the Commission, a test will be made on the customer's watt-hour and/or demand meter by an inspector employed by the Commission, such test to be made as soon as practicable after receipt of the application. For such test a fee, as scheduled in Section 105 below, shall be paid by the customer at the time application is made for the test. The utility owning the meter will be notified that such test is to be made, and shall have a representative present to open the meter, assist in the test, and adjust and seal the meter after the test. If the meter is found to be more than three (3) per cent fast, that is, has an average error in excess of three (3) per cent as determined by the method specified in Rule 18, the amount of the fee will be refunded to the customer and collected from the utility owning the meter, provided the meter or metering equipment was found to be sealed and without evidence of tampering, Upon application to the Commission by any utility, the Commission will make a test of any of the utility's meters upon payment of the scheduled fee. 105. FEES The charges fixed by the Commission for making such tests are as follows: SCHEDULE OF FEES 1. For single-phase alternating current watt-hour meters operating on constant potential circuits of not over 250 volts: Rated Capacity....................................................................................Fee 100 amperes or less.............................................................................3.00 For each additional 50 amperes or fraction thereof..............................0.75 2. For polyphase alternating current watt-hour meters and for single-phase operating on circuits of over 250 volts, with or without instrument transformers: Rated Capacity.....................................................................................Fee 25 kilowatts or less...............................................................................3.00 over 25 to 100 kilowatts........................................................................6.00 over 100 to 500 kilowatts....................................................................15.00 over 500 kilowatts...............................................................................30.00 If a test is required on any meter not included in either of the above classifications, the Commission will establish the fee therefore on application. CHAPTER 25: VOLTAGE RULE 25. 100. STANDARD NOMINAL VOLTAGE AND PERMISSIBLE VOLTAGE VARIATION Each utility shall adopt a standard nominal voltage, or standard nominal voltages, as may be required by its distribution system for its entire constant voltage service, or for each of the several districts into which the system may be divided, and shall file with the Commission a statement as to the standard nominal voltages adopted. The voltage maintained at the utility's point of service to the customer, shall be reasonably constant and shall not vary more than ten (10%) per cent plus or minus of the nominal voltage adopted. A greater variation of voltage than specified above may be allowed when service is supplied directly from a transmission line, or in case of emergency service. In all cases, the best voltage regulation shall be provided that is practicable under the circumstances. 105. OTHER ALLOWABLE VARIATIONS Variations in the voltage in excess of those specified caused by (1) the operation of power apparatus on customer's premises, which necessarily requires large starting currents, (2) the action of the elements, and (3) infrequent and unavoidable fluctuations of short duration due to line and/or station operation, shall not be considered a violation of this rule. 110. CLASSIFICATION OF ELECTRIC POWER SUPPLY CIRCUITS 1. A secondary electric distribution circuit is defined as an electric power supply circuit in which the voltage existing between line conductors does not exceed a nominal 750 volts, and which is principally provided as a utilization circuit. 2. A primary electric distribution circuit is defined as an electric power supply circuit in which the voltage existing between line conductors exceeds a nominal 750 volts but does not exceed a nominal 35,000 volts. 3. An electric transmission circuit is defined as an electric power supply circuit in which the voltage existing between line conductors exceeds a nominal 35,000 volts.* *Rule 25. C., initiated by Order of the Commission in Docket U-3868, effective August 19, 1980. Rule 25.C. is now known as Rule 25.110. (renumbering 2011). CHAPTER 26: VOLTAGE SURVEYS AND RECORDS RULE 26. 100. Each utility shall provide itself with one or more portable indicating voltmeters and each utility serving more than 250 customers shall have one or more recording (curve drawing) volt- meters. These instruments shall be of a type and capacity suited to the voltage supplied. Each utility shall make a sufficient number of voltage surveys to indicate the character of the service furnished from each center of distribution and to satisfy the Commission upon request of its compliance with the voltage requirements. All volt-meter charts so made shall be available for inspection by the Commission or its authorized representatives for a period of at least one (1) year. CHAPTER 27: STATION INSTRUMENTS AND METERS RULE 27. 100. Each utility than install such instruments and meters as may be necessary to obtain a daily record of the load and a monthly record of the output of its plants. Each utility purchasing electrical energy shall install such instruments and meters as may be necessary to furnish full information as to the monthly purchases, unless the utility supplying the energy has already installed such instruments and meters from which the necessary information can be obtained. CHAPTER 28: INTERSTATE OPERATION RULE 28. 100. Where an electric utility transmits energy either into or out of the state, the company shall accurately meter and record the interchange of such energy. CHAPTER 29: SPECIAL RULE FOR COGENERATION & SMALL POWER PRODUCTION RULE 29. SECTION 100. DEFINITIONS 1. GENERAL RULE Terms defined in the Public Utility Regulatory Policies Act of 1978 (PURPA) shall have the same meaning for purposes of this rule as they have under PURPA, unless further defined in this rule. 2. DEFINITIONS The following definitions apply for purposes of this rule. a. "Avoided costs" means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would generate itself or purchase from another source. b. "Back-up power" means electric energy or capacity supplied by an electric utility to replace energy ordinarily generated by a qualifying facility's own generation equipment during an unscheduled outage of the qualifying facility. c. "Commission" means the Mississippi Public Service Commission. d. "Interconnection costs" means the reasonable costs of connection, switching, metering, transmission, distribution, safety provisions and administrative costs actually incurred by the electric utility directly related to the installation and maintenance of the physical facilities necessary to permit interconnected operations with a qualifying facility. e. "Interruptible power" means electric energy or capacity supplied by an electric utility subject to interruption by the electric utility under specified conditions. f. "Long-term contract" means a contract which is for a term greater than one year. g. "Maintenance power" means electric energy or capacity supplied by an electric utility to a qualifying facility during scheduled outages of the qualifying facility. h. "New qualifying facility capacity" means electric capacity of a qualifying facility, construction of which was commenced on or after November 9, 1978. i. "Purchase" means the purchase of electric energy or capacity or both from a qualifying facility by an electric utility. j. "Qualifying facility" means a cogeneration facility or a small power production facility which is a qualifying facility under Subpart B of the Federal Energy Regulatory Commission's Regulations under Section 201 of the Public Utility Regulatory Policies Act of 1978 as in effect on the effective date of this rule. k. "Rate" means any price, rate, charge, or classification made, demanded, observed or received with respect to the sale or purchase of electric energy or capacity, or any rule, regulation, or practice respecting any such rate, charge, or classification, and any contract pertaining to the sale or purchase of electric energy or capacity. l. "Sale" means the sale of electric energy or capacity or both by an electric utility to a qualifying facility. m. "Supplementary power" means electric energy or capacity supplied by an electric utility and regularly used by a qualifying facility in addition to that which the facility generates itself. n. "System emergency" means a condition on a utility's system which is likely to result in imminent significant disruption of service to the utility's customers or is imminently likely to endanger life or property. SECTION 200. GENERAL PROVISIONS 1. APPLICABILITY This rule applies to the regulation of sales and purchases between qualifying facilities and electric utilities subject to the Commission's jurisdiction in this matter. 2. NEGOTIATED RATES OR TERMS a. Any electric utility and qualifying facility may agree to a rate for any purchase, or terms or conditions relating to any purchase, which differ from the rate or terms or conditions which would otherwise be required by this rule. b. Nothing in this rule shall affect the validity of any contract entered into between a qualifying facility and electric utility for any purchase. c. Any contract entered into between a qualifying facility and an electric utility for any purchase shall comply with applicable rules, regulations, practices and procedures of the Commission in effect at the date of execution of the contract. d. No electric utility may unreasonably refuse to negotiate and enter into a long- term contract for the purchase of energy and/or capacity from a qualifying facility in accordance with the provisions of this rule. 3. REVIEW AND APPROVAL OF CONTRACTS All contracts between the utility and any qualifying facility executed subsequent to the date of the adoption of these rules by the Commission shall be filed with the Commission, Upon filing, the commission may, within 30 days, approve the contract with a finding that it is just and reasonable, and in the public interest, or order further review of the contract prior to approval. If the Commission has not ordered further review of the contract within 30 days from the date of filing, the contract shall be automatically approved. 4. CONFIDENTIALITY a. Any data or information furnished by a qualifying facility to a utility during negotiations which is specified as confidential and privileged shall be treated by the utility as confidential and privileged, and b. Any data or information furnished by a utility to a qualifying facility during negotiations which is specified as confidential and privileged shall be treated by the qualifying facility as confidential and privileged. SECTION 300. INTERCONNECTION AND WHEELING 1. OBLIGATION TO INTERCONNECT a. Subject to (1) (b) and (4). of this section, any electric utility shall make such interconnections with any qualifying facility as may be necessary to accomplish purchases or sales under this rule. b. No electric utility is required to interconnect with any qualifying facility if, solely by reason of purchases or sales over the interconnection, the electric utility would become subject to regulation as a public utility under Part 11 of the Federal Power Act. c. Each electric utility shall offer to operate in parallel with a qualifying facility, provided that the qualifying facility complies with such standards for system safety and operating reliability as may be established by the Commission under (4) (c) of this section. d. No qualifying facility may have at any one location or facility interconnection with more than one electric utility. 2.. TRANSMISSION TO OTHER ELECTRIC UTILITIES (WHEELING) a. If a qualifying facility agrees, an electric utility which would otherwise be obligated to purchase energy or capacity from such qualifying facility may transmit the energy or capacity to any other electric utility. The cost of such transmission may be recovered by the transmitting utility from the qualifying facility pursuant to the regulatory authority having jurisdiction. Any electric utility to which such energy or capacity is transmitted shall purchase such energy or capacity under this rule as if the qualifying facility were supplying energy or capacity directly to such electric utility. The rate for purchase by the electric utility to which such energy is transmitted shall be adjusted up or down to reflect line losses pursuant to Section 400 and shall not include any charges for transmission. b. The Commission shall be informed by the qualifying facility of any request made by the qualifying facility to an electric utility for the transmission of energy and/or capacity to another utility. 3. INTERCONNECTION COSTS Each qualifying facility shall be obligated to pay any interconnection costs in excess of the costs to either party which would have been incurred had the facility not been a qualifying facility, Each utility shall make provisions in its contracts with qualifying facilities or in its standard rates for purchases for the repayment of excess interconnection costs. Should the parties fail to agree, the Commission may determine the manner for payments of interconnection costs, which may include reimbursement over a reasonable period of time. Such determination shall include, among other concerns, consideration of the adequacy of security for any deferred payments. 4. OPERATING SAFETY AND RELIABILITY a. In no event shall a qualifying facility interconnect with an electric utility's system without the knowledge and written consent of the utility. b. The qualifying facility shall be responsible for the design, installation and safe operation of all equipment and facilities on the qualifying facility's side of the point of interconnection and shall be subject to the requirements of all governmental agencies asserting safety jurisdiction and shall comply with all applicable codes, ordinances, rules and regulations thereof. c. The Commission may establish reasonable standards to ensure system safety and reliability of interconnected operations. d. Each electric utility shall establish reasonable standards for interconnection with qualifying facilities to ensure system safety and for the protection of the electric utility's equipment and personnel. e. The qualifying facility shall be responsible for establishing, providing and paying the associated cost of appropriate operating communications with the utility. The utility shall advise the qualifying facility in meeting this requirement. f. A qualifying facility shall be required to provide energy or capacity to an electric utility during a system emergency only to the extent: i. provided by agreement between such qualifying facility and electric utility; or ii. ordered under Section 202 (c) of the Federal Power Act. g. During any system emergency, an electric utility may discontinue: i. purchases from a qualifying facility if such purchases would contribute to such emergency; and ii. sales to a qualifying facility, provided that such discontinuance is on a nondiscriminatory basis. SECTION 400. PURCHASES FROM QUALIFYING FACILITIES 1. OBLIGATION TO PURCHASE Subject to paragraph (2) of this Section, each electric utility shall purchase, in accordance with this rule, any energy and/or capacity which is made available from a qualifying facility: a. directly to the electric utility; or b. indirectly to the electric utility in accordance with Section 300 (2) 2. PERIODS DURING WHICH PURCHASES NOT REQUIRED a. During any period when, due to operational circumstances, a utility (or its system, in the case of a utility which belongs to a centrally dispatched pool) would be required, in order to accommodate purchases from qualifying facilities, to alter its dispatch of generating units in a manner which would result in a net increase in operating costs to the electric utility, the utility shall be allowed to discontinue those purchases which would otherwise necessitate such alteration of the utility's dispatching; provided, however, that the utility gives reasonable notice to each affected qualifying facility in time for the qualifying facility to discontinue the delivery of energy or capacity to the electric utility. b. Any utility which fails to comply with the notification requirements of (2) (a). of this Section is required to pay the qualifying facility the same amount as would have been paid had purchases from the qualifying facility not been discontinued. c. A claim by an electric utility that such a period has occurred or will occur is subject to such verification by the Commission as the Commission determines necessary or appropriate, either before or after the occurrence. 3. RATES FOR PURCHASES a. Rates for purchases shall: i. be just and reasonable to the electric consumer of the utility and in the public interest; and ii. not discriminate against qualifying cogeneration and small power production facilities; and iii. not be required to exceed the avoided costs of the utility; and iv. be negotiated (except for rates set under Section 400(3)(c) of this rule) and if the parties fail to agree, either party may submit the issue to the Commission which will resolve the matter on a case by case basis. b. Relationship to avoided costs. i. A rate for purchases satisfies the requirements of (3)(a)(i), (ii), and (iii) if the rate equals the avoided costs determined after consideration of the factors set forth in (3)(e) of this section; except that, ii. A rate for purchases from other than new qualifying facility capacity may be less than the avoided cost if the Commission determines that a lower rate is consistent with (3)(a) (i), (ii), and (iii), and is sufficient to encourage cogeneration and small power production. iii. Rates for purchases from new qualifying facility capacity shall be in accordance with (3)(b)(i) of this section, regardless of whether the electric utility making such purchases is simultaneously making sales to the qualifying facility. iv. In the case in which the rates for purchases are based upon estimates of avoided costs to be paid over the specific term of the contract or other legally enforceable obligation or are standard rates for purchases as provided in (3)(c) of this Section, the rates for such purchases do not violate this rule if the rates for such purchases differ from avoided costs at the time of delivery. c. Standard rates for purchases i. There shall be put into effect, not later than six (6) months from the date this rule becomes effective, standard rates for purchases from qualifying facilities with a design capacity of 100 kilowatts or less. ii. Shall be filed for approval by the electric utility with the Commission. iii. Shall be consistent with Section 400(3)(a) (i), (ii), and (iii), and 400(3)(e); and iv. May differentiate among qualifying facilities using various technologies on the basis of the supply characteristics of the different technologies; and v. Shall specify those terms and conditions of service necessary for application of the rate. d. Purchases "as available" or pursuant to a legally enforceable obligation. Each qualifying facility shall have the option either: i. to provide energy as the qualifying facility determines such energy to be available for such purchases, in which case the rates for such purchases shall be based on the purchasing utility's avoided costs calculated at the time of delivery; or ii. to provide energy or capacity pursuant to a legally enforceable obligation for the delivery of energy or capacity over a specified term, in which case the rates for such purchases shall, at the option of the qualifying facility exercised prior to the beginning of the specified term, be based on either: (1) the avoided costs calculated at the time of delivery; or (2) the avoided costs calculated at the time the obligation is incurred. e. In determining avoided costs, the following factors shall, to the extent practicable, be taken into account: i. Data provided by the utility pursuant to Section 292.302 of the Federal Energy Regulatory Commission's Regulations under Section 210 of PURPA. ii. The availability of capacity and energy from a qualifying facility during the system's daily and seasonal peak periods, including: (1) The ability of the utility to dispatch the qualifying facility; (2) The expected or demonstrated reliability of the qualifying facility. (3) The terms of any contract or other legally enforceable obligation, including the duration of the obligation, termination notice requirement and sanctions for non-compliance; (4) The extent to which scheduled outages of the qualifying facility can be usefully coordinated with scheduled outages of the utility's facilities; (5) The usefulness of energy and capacity supplied from a qualifying facility during system emergencies including its ability to separate its load from its generation; (6) The individual and aggregate value of energy and capacity from qualifying facilities on the electric utility's system; (7) The smaller capacity increments and the shorter lead times available when capacity is added from qualifying facilities iii. The relationship of the availability of energy and capacity from the qualifying facility to the ability of the electric utility to avoid costs, including the deferral of capacity additions and the reduction of fossil fuel use; and iv. The costs or savings resulting from variations in line losses from those that would have existed in the absence of purchases from a qualifying facility, if the purchasing electric utility generated an equivalent amount of energy itself or purchased an equivalent amount of electric energy or capacity. 4. RECOVERY OF COST OF PURCHASES All costs, net of costs associated with interconnection or otherwise recovered from the qualifying facility, incurred by an electric utility for purchases of power and/or energy from a qualifying facility pursuant to a standard rate for purchase or other legally enforceable obligations as provided in Section 400, Paragraph (3) hereof shall be treated by the electric utility as a cost of purchased power. SECTION 500. SALES TO QUALIFYING FACILITIES 1. OBLIGATIONS TO SELL a. Each electric utility shall sell to any qualifying facility any energy and capacity requested by the qualifying facility at such character of service as ordinarily available. b. Upon request of a qualifying facility, each electric utility shall provide: i. supplementary power ii. back-up power iii. maintenance power and/or iv. interruptible power c. The Commission may waive any requirement of (1)(a) of this section if, after notice in the area served by the electric utility and after opportunity for public comment, the electric utility demonstrates and the Commission finds that compliance with such requirement will: i. impair the electric utility's ability to render adequate service to its customers; or ii. place an undue burden on the electric utility. 2. RATES FOR SALES a. Rates for sales shall: i. be just and reasonable and in the public interest and ii. not discriminate against any qualifying facility in comparison to rates for sales to other customers with similar load or other cost-related characteristics served by the electric utility. b. Rates for sales of supplementary, back-up, maintenance and/or interruptible power may be negotiated by the parties, subject to Commission approval pursuant to Section 200(3) of this rule. c. Rates for sales of back-up and maintenance power shall: i. not be based upon an assumption (unless supported by factual data) that forced outages or other reductions in electric output by all qualifying facilities on an electric utility's system will occur simultaneously or during the system peak or both and ii. take into account the extent to which scheduled outages of the qualifying facilities can be usefully coordinated with scheduled outages of the utility's facilities. SECTION 600. RESOLUTION OF DISPUTES 1. PROCEDURE A proceeding to resolve a dispute between an electric utility, and a qualifying facility arising under this rule may be instituted by either party filing a complaint or a formal complaint with the Commission in accordance with the Rules of Practice and Procedure of the Commission. 2. COMMISSION RESOLUTION OF DISPUTES RELATED TO CONTRACTS If a contract has not been successfully negotiated within 90 days after submission of a written proposal by the qualifying facility or of a written request to the utility for a proposal or if there is an alleged breach of an existing contract or a dispute between the parties as to interpretation of an existing contract, the Commission may, in its discretion on a case-by- case basis, provide a resolution of the specific matters at issue according to the following procedures: a. The qualifying facility or the electric utility may petition the Commission for informal arbitration of the specific matters in dispute, naming the other party as respondent. b. Upon receipt of a petition from either party and of a certificate of service of the petition upon the other party, the Commission shall assign the case to one or more members of its staff who will conduct informal arbitration on an expedited basis and issue a written decision within 30 days, except that: c. Within 30 days of the issuance of the staff decision either party may bring a formal complaint to the Commission from any part of the decision. If no formal complaint has been filed within 30 days, the staff decision will become final and binding upon the parties as an Order of the Commission. d. Commission proceedings upon the appeal of a staff decision will be conducted according to the Commission's existing rules for the formal adjudication of cases, except that to the extent possible, an expedited schedule will be maintained which will permit issuance of the Commission's final decision within 90 days of the staff decision from which the appeal was taken. The Commission's decision will be in the form of an Order and will be final and binding upon the parties subject to appeal. SECTION 700. EXEMPTION FROM REGULATION All qualifying facilities are exempted from Mississippi State laws and regulations, other than those promulgated herein, respecting: (1) The rates of electric utilities, and (2) The financial and organizational regulation of electric utilities.* *Rule 29 was promulgated by Order of the Commission in Docket U-3986, effective September 19, 1983. SUBPART 3: SPECIAL RULES - TELEPHONE COMPANIES CHAPTER 30: DEFINITIONS RULE 30. 100. In the interpretation of these rules, any word, term, or phrase used herein shall be taken to mean: 1. AREA OUTSIDE OF BASE RATE AREA - That area within the exchange service area which does not have continuous development and lies beyond the base rate area. Generally, rural multi-party service is furnished within this area. However, primary service may be furnished at base rate plus a charge based on mileage or zone differentials. 2. BASE RATE AREA - A continuous, closely built-up section of the exchange area in which the base rate applies without mileage charge. 3. CARRIER CIRCUITS - A circuit provided by the use of electronic carrier equipment whereby more than one conversation can be transmitted over one metallic circuit or radio path at the same time. 4. CENTRAL OFFICE - The inside equipment of the telephone company as an operating unit, where connections are made between subscriber's lines and trunk and toll lines. 5. COMMUTED MILEAGE AREA OR LOCALITY RATE AREA - A definite area outside the base rate area where service is furnished at base rates plus additional charge based on a uniform mileage measurement. 6. EXCHANGE - The telephone company system providing service within exchange service area. 7. EXCHANGE AREA - An area in which is located a telephone central office or offices within which area the telephone company holds itself to provide service. 8. EXTENDED AREA SERVICE - The type of telephone service that furnishes toll free local service between closely situated exchanges having a common community of interest. 9. EXTENSION OF SERVICE - Extension of existing facilities to serve a customer, customers or a new area not presently served. 10. FOREIGN CENTRAL OFFICE SERVICE - Exchange service furnished by means of a circuit connecting a customer's telephone with a central office of the same exchange but outside of the central office district in which the telephone is located. 11. FOREIGN EXCHANGE SERVICE - Exchange service furnished by means of a circuit connecting a customer's telephone with a central office outside of the exchange area in which the telephone is located. 12. GROUND RETURN CIRCUITS - That type of circuit that utilizes, in place of one of the two wires required for a metallic circuit, the ground as a returned circuit. 13. JOINT USER - The person, firm or corporation who shares a customer's service under a specific contract and in accordance with tariff provisions, but 17 would not otherwise be entitled to such joint use. 14. METALLIC CIRCUITS - That type of circuit that utilizes more than one wire. 15. OUTSIDE PLANT - The telephone company equipment installed on, along, or under streets, alleys, highways, or on private rights-of-way between the central office and subscribers' locations, or between central offices. 16. PRIMARY SERVICE - Generally considered to be 1, 2, or 4-party service. 17. RURAL SERVICE AREA - That area within the exchange service area which is sparsely developed and lies outside the base rate area. See definition for "Outside Base Rate Area." 18. SERVICE CONNECTION CHARGE - A charge made to a customer for the purpose of reimbursing or partially reimbursing the telephone company for the cost involved in connecting telephone facilities upon customer's premises. 19. SERVICE LINES - Those lines which are owned and maintained by the subscriber. 20. STATION - The telephone instruments and associated equipment installed for the use of a subscriber on his premises. 21. SUBSCRIBER - Same as "customer". 22. SWITCHING SERVICE - That service performed when calls are switched from a service line to another line terminated in the company's board. 23. TELEPHONE COMPANY - Any person, firm, partnership, or corporation engaged in furnishing telephone service to the public under the jurisdiction of the Public Service Commission. Each telephone company shall file with the Commission regulations enumerating and comprehensively defining the classification of service available to subscribers in its exchange or exchanges. CHAPTER 31: GRADES OF SERVICE RULE 31. 100. Within a base rate area no telephone company shall connect more subscribers to any line than are contemplated under the grade of service charged the subscriber on such line. Beyond the base rate area where multi-party service is, provided, no more than eight (8) subscribers shall be connected to any company owned line. All circuits now serving a greater number of subscribers than is permitted by this rule shall change to conform to these requirements within one year from the effective date of these rules. The telephone company may regroup subscribers in such manner as may be necessary to carry out provisions of this rule, but it shall not deny service to any person now receiving service. In an emergency, up to ten (10) subscribers may be connected to one line pending the construction of additional facilities o r the obtaining of enough additional subscribers in the area to justify the construction of an additional circuit. Ten party selective ringing may be supplied outside the base rate area with the approval of the Commission. CHAPTER 32: SERVICE AREAS RULE 32. 100. Each company shall maintain on file with the Commission a map of each of its exchange service areas. Such maps shall show the exchange service area boundaries in sufficient detail that they ma y be located in the field. Such maps shall show the company's existing lines and facilities outside the base rate area and, its lines or extensions thereof under construction, and such maps shall be supplemented or amended from time to time by the filing of work orders or other construction, so as to enable the Commission to have reasonable complete information as to the general location of the existing facilities of the telephone company within an exchange service area or a portion thereof but outside the initial or base rate area. In lieu of complying with the provisions of Rule 12, telephone companies may supply work orders, or other documents for rural extensions of over one mile in length if within 60 days of the end of each calendar year they supply a system map showing all extensions made. CHAPTER 33: BASE RATE AREA BOUNDARIES RULE 33. 100. Each telephone company shall maintain on file with the Commission a map of suitable scale, showing the base rate area and/or zone boundaries in sufficient detail that they may be located in the field. The boundaries of the base rate area in each exchange service area shall be established in accordance with an order or tariff approved by the Commission, and no change shall be made in a base rate area boundary without the authority for same having been first obtained from the Commission. However, the companies shall make continuing studies to determine the advisability of revising their base rate area boundaries. CHAPTER 34: EXTENSIONS OF SERVICE RULE 34. 100. Pole line and aerial wire extensions necessary to furnish telephone service shall be made by the company in accordance with the tariff schedules. Any contribution in aid of construction shall be computed in accordance with the regulations set forth in the tariff schedules, and the payment of such charges gives the subscriber no ownership or control of the extension. 105. The company may permit the subscriber to furnish and set necessary poles in accordance with the construction standards of the company in lieu of part or all of the above pole line extension charges but in all such cases, ownership of the extension shall be vested in the company. 110. Contracts for the telephone service where a line extension at filed charges is necessary may be required by the company as a condition incident to the establishment of service, for a period not to exceed five (5) years. In lieu of, or in addition to the contract as set out above, the company may require advance payment of the first year's local exchange rental as a prerequisite to the construction of an extension into a new rural area. 115. All line extensions referred to in Sections 100, 105, and 110 above shall be owned and maintained by the company. 120. The routing of line extensions shall be determined by the company except when modified under the provisions of Section 125 below. 125. A departure from any of the above may not be made without prior approval by the Commission. CHAPTER 35: ADEQUACY OF SERVICE RULE 35. 100. EQUIPMENT REQUIRED Each exchange should maintain sufficient switchboard capacity, a sufficient operating force or sufficient automatic equipment to handle traffic at all times with reasonable facilities, and each telephone utility shall provide and maintain adequate telephone facilities so as to have available at all times sufficient plant and equipment to supply any reasonable potential demand for service. Traffic studies shall be made and recorded during the busy hours, to the extent and frequency required to demonstrate to the Commission that sufficient equipment is in use and that an adequate operating force is provided. 105. HOURS OF SERVICE Each telephone utility shall provide emergency out- vice in all exchanges operated, in which regular service is not available at certain periods during the 24 hours of the day. When service is not continuous for the full 24 hour day, proper arrangements shall be made for handling emergency calls during the off periods, by the use of alarms maintained in proper conditions and with someone conveniently available so that emergency calls will be given prompt attention. CHAPTER 36: RATES AND TARIFF CHANGES RULE 36. 100. Rates and charges shall not be changed except in accordance with law. Tariff changes shall not be effective until approved by the Commission or become effective by compliance with the law. CHAPTER 37: TRAFFIC RULES RULE 37. 100. OPERATING METHODS Suitable rules and instructions shall be adopted by each telephone utility and followed by telephone operators governing the phraseology and operating methods to be employed by operators on regular, special, and toll calls. 105. TRAFFIC RULES Traffic rules so adopted by each telephone utility, including instructions and the methods to be used by the operators, shall be followed as closely as possible. The Commission may review the practice of any telephone utility with regard to the adopted rules and compliance therewith, and may make suggestions relative to changes in practice. 110. INSTRUCTIONS TO OPERATORS 1. Telephone operators shall be instructed to be courteous, considerate and efficient in the handling of all subscriber calls. 2. All communications between subscribers of telephone utilities shall be considered as confidential in nature, and operators or employees shall not listen to any conversation between subscribers except when an operating necessity. Operators shall not repeat or divulge the nature of any local or long distance conversation, nor divulge any information inadvertently overheard. 115. SUPERVISION All calls shall be carefully supervised by the operator and disconnects made promptly after supervisory signals are received by the operator. CHAPTER 38: SERVICE INTERRUPTIONS RULE 38. 100. When a subscriber's telephone is reported or found to be out of order, it shall be restored to service as promptly as possible but, in the event it remains out of order in excess of forty-eight (48) consecutive hours after knowledge by the company of the interruption, the utility shall, upon request, refund to the subscriber the pro rata part of that month's charges for the period of days during which the telephone was out of order. This refund may be accomplished by a credit on a subsequent bill for telephone service. CHAPTER 39: SERVICE STATION LINES RULE 39. 100. Each telephone utility furnishing switching service for service lines shall file with the Commission reasonable Rules and Regulations covering conditions under which the telephone performs switching service for subscribers. These rules may provide reasonable regulations covering the construction and the maintenance of such lines and equipment connected thereto as may be required to prevent an adverse effect on the general character of service rendered by the telephone utility. Such rules may provide for the discontinuance of service to an entire line requiring repairs, but only after written notice of intention to discontinue service has been given to the owner or owners thereof, which notice shall specify particular repairs necessary to make the service proper, and a reasonable period of time shall be allowed after the written notice before discontinuance of service within which to make the necessary corrections. However, if the condition of the line is such that it is actually adversely affecting the service to other customers of the utility, service may be discontinued immediately pending repairs to the service line and/or equipment. In case of disagreement relative to the extent of repairs necessary to place the line in satisfactory and serviceable condition, the matter shall be referred to the Commission. CHAPTER 40: CONSTRUCTION STANDARDS RULE 40. 100. All construction of telephone facilities shall comply with applicable minimum standards as set out in the National Electrical Safety Code. CHAPTER 41: HELD APPLICATIONS FOR SERVICE RULE 41. 100. During periods when a telephone company is unable to supply telephone service to applicants within ten (10) days following application, the telephone company shall keep a record of each exchange showing the name and address of each applicant, the date of application, the class and rate of service applied for, and the reason for inability to provide such service. Each company shall prepare reports to the Commission of such held applications in any month in which the number of held applications exceeds five (5%) per cent of the number of stations in any central office. Such report shall show the number of held applications, the class of service applied for, and the reason in general, for the inability to provide such service. The term, applicant, as used herein shall mean a prospective customer who has applied for service using the company's regular application form. CHAPTER 42: PRECEDENCE OF SERVICE RULE 42. 100. PRIORITY OF SERVICE APPLICATIONS Applications for service shall be completed in accordance with the chronological order of their receipt, insofar as practicable, and in accordance with economical administration, except in the following cases in which deviation may be made in the following order in accordance with the facilities available: 1. Application for service in case of real emergency shall be given priority over all other applications included in Paragraphs (2) and (3) below. 2. Applications of a party who has been a subscriber of the company within a one month period immediately prior to the date of the application and at a different address, shall be given priority over other applications referred to under Paragraph (3) below. 3. Application for business service shall as far as practical be given priority over applications for resident service which has been held for a period of less than two months. CHAPTER 43: USE OF TELEPHONE RULE 43. 100. FOR USE OF SUBSCRIBER Telephone service, other than "public" and "semi-public" service, is furnished for the use of the subscriber, his family and persons residing in his home or his employees or representatives, except as service may be extended to "joint users". 105. FLAT RATE AND MESSAGE RATE SERVICE Flat rate and message rate services shall not be installed on premises of a public or semi-public character in a location where the telephone would be accessible for use by the patrons of the subscriber or the public in general. 110. PUBLIC USE OF PRIVATE PHONES If it is found that the subscriber is permitting public use of service furnished him for his private use, the company shall thereafter provide "public' or "semi-public" service in accordance with its regulations or tariffs, except where the subscriber consents to the instrumentalities being so located as to be inaccessible to the public or permits no further public use after the matter has been called to his attention. No charge will be made for the relocation of a telephone instrument under such circumstances. 115. JOINT USER SERVICE If it is found that a subscriber is sharing the use of his business service with an individual or concern other than an employee member or officer of the subscriber's concern or of a "joint user", the company shall thereafter require the subscriber to take "joint user" service thereof, except where the subscriber permits no further joint use of the service after the matter has been called to his attention or where the "joint user" vacates the subscriber's premises or becomes a subscriber to business service in the same exchange. CHAPTER 44: BUSINESS AND RESIDENCE TELEPHONES RULE 44. 100. The applicability of business and resident rates is governed by the actual and obvious use made of the service. The use which is to be made of the service shall be ascertained from the applicant at the time of application for service. 1. BUSINESS RATES APPLY AT THE FOLLOWING LOCATIONS: a. In offices, stores, factories and all other places of a strictly business nature b. In boarding houses and rooming houses with more than five rooms available for rent (except as noted under Subparagraph (e) below), colleges, clubs, lodges, schools, (except private or parochial school now served under a residential rate) libraries, churches (except in the pastor's study), lobbies and halls of hotels, apartment buildings, hospitals and private and public institutions c. At any location when the listing of "office" is provided or when any title indicating a trade, occupation or profession is listed (except as modified under the directory listing schedule) and at any location classified under Paragraph (2) below regardless of the form of listing when extension of service is provided to a place not a part of a domestic establishment d. At a residence location when the subscriber has no regular business telephone service and the use of the service by himself, members of his household or his guests is more of a business than residential nature as might be indicated by advertising through newspapers, hand-bills, billboards, circulars, business cards or otherwise e. In general, in any place where the substantial use of the service is occupational rather than domestic 2. RESIDENCE RATES APPLY AT THE FOLLOWING LOCATIONS: a. In private residence or residential apartment or hotels and apartment houses when business listings are not provided and when all stations are in locations which are a part of a domestic establishment b. In the homes of nurses (but not nurses' dormitories) 3. CHANGE FROM RESIDENCE TO BUSINESS SERVICE If it is found that a subscriber is using residential service for business purposes, the company shall thereafter require the subscriber to take a business service except in cases where the subscriber thereafter uses the service for residence and domestic purposes only. CHAPTER 45: DIRECTORIES RULE 45. 100. RULES FOR ISSUING A telephone directory shall be regularly published for each exchange listing the name, address, and telephone number of all subscribers except those having unlisted numbers who can be called without a long distance charge and a copy of the directory shall be furnished each subscriber. However, listings for two or more exchanges owned by the same company may be included in one directory. All telephone directories shall be revised at least once each year, Exemptions from these requirements may be allowed by the Commission upon application if it can be shown that it is unnecessary to revise the directory within the time limit due to a relatively small change resulting from new listings or changed numbers. The revision of directories may at times be required more often than specified to keep the directory correct and up to date. The directory shall remain the property of the telephone company. 105. ERROR IN LISTED NUMBER In the event of an error in the listed number of any subscriber, and until a new directory is published, the telephone utility shall, if practical, intercept all calls to the listed number and give the calling party the correct number of the party being called. In the event of an error in the name or address listing of any subscriber, such subscriber's correct name, address and telephone number shall be in the files of the information operator and furnished any caller upon request. In lieu of the preceding, a correction sheet may be mailed to each customer. 110. CHANGE IN SUBSCRIBER'S NUMBER Whenever any subscriber's telephone number is changed for any reason after a directory is published, if practical, the telephone utility shall intercept all calls to the former number for a reasonable period and give the calling party the new number for that subscriber. The correct number shall be in the files of the information operator and furnished any caller upon request. 115. INFORMATION SHOWN IN THE DIRECTORY The name of the telephone utility, the exchanges included in the directory and the month and the year of issue and other essential or pertinent information shall appear on the front cover. Telephone numbers for emergency calls, such as the police and fire departments, shall be printed conspicuously either on the cover or on the first inside pages of the directory, All directories shall contain such instructions and rules governing local and toll service and methods of payment for service as may be necessary to inform subscribers of their rights and obligations, Upon issuance, a copy of each new directory shall be distributed to all subscribers of the telephone utility and a copy of each shall be filed with the Commission. 120. ASSIGNMENT OF NUMBER The assignment of a telephone number to a subscriber's telephone service shall be made at the discretion of the telephone company. The subscriber has no proprietary right in the number, and the company may make such reasonable changes in telephone numbers and central office designations as may be required in order for the company to render efficient telephone service. The company shall give the subscriber who may be affected by such change in telephone numbers as reasonable notice thereof as circumstances will permit. CHAPTER 46: GROUNDED CIRCUITS RULE 46. 100. Telephone utility shall provide full metallic circuits or equivalent for all subscribers located within the base rate area and insofar as economically feasible to all rural multi-party subscribers located beyond the base rate area. Telephone utilities operating ground return rural circuits, which are affected by inductive interference, should cooperate to the fullest extent possible with all interested parties in correcting this condition and, where necessary to eliminate inductive interference, full metallic or equivalent circuits properly transposed shall be provided by the company at its own expense CHAPTER 47: EXTENDED AREA SERVICE RULE 47. 100. The company will provide extended area service between closely situated exchanges or central offices when it is the desire of a majority of the customers or subscribers of the exchange or central office affected and, when it is feasible for the company to do so, rates and conditions pertaining to extended area service shall be subject to the approval of the Commission. Where exchanges in which extended area service is provided are owned by different companies, an equitable distribution of the telephone revenue shall be worked out between the companies involved. CHAPTER 47.1 SLAMMING