1. APPLICATION FOR SERVICE
Each prospective Customer desiring utility service will be required to sign an Application for Service and/or contract before service is supplied by Fayetteville Public Utilities (FPU). Two proofs of identity, with one including a photo, are required. Applicants for service must be at least 18 years of age. All customers of FPU are subject to the provisions of the power contract between FPU and the Tennessee Valley Authority (TVA).
A deposit or suitable guarantee may be required of any Customer before utility service is supplied. Upon termination of service, a deposit may be applied by FPU against unpaid bills of the Customer, and if any balance remains after such application is made, said balance shall be refunded to the Customer. FPU may require the Customer to increase the deposit based on the Customer’s payment history, not to exceed two months’ average use in the Customer class. For additional information, see the Security Deposits Policy.
3. POINT OF DELIVERY
The point of delivery is the point, as designated by FPU on the Customer’s premises where utilities are to be delivered to the building or premises. All wiring, piping, and equipment beyond this point of delivery shall be provided and maintained by the Customer at no expense to FPU. The meter and meter seals are the property of FPU and shall not be removed, damaged, or tampered with by the Customer.
4. AID TO CONSTRUCTION
An Aid to Construction may be required of any Customer requesting service where the total installed cost of providing the requested service exceeds that as established by utility policy.
5. CUSTOMER'S WIRING STANDARDS
All wiring by Customers must conform to FPU’s requirements, municipal, county, and state requirements and accepted codes and standards, such as the National Electrical Safety Code and the National Electric Code. The Customer shall always, during the period served, maintain the wiring, equipment, and apparatus to be furnished by the Customer, in such condition and repair as may be required by any statute, law, or City Ordinance. Costs and expenses incident to the installation, connection and inspection of the wiring and equipment beyond the point of delivery shall be borne by the Customer, user, and /or owner. All wiring or equipment (except FPU’s metering) beyond the point of delivery shall be owned and maintained by the Customer, user, and/or owner unless otherwise agreed to in writing by FPU.
6. INSPECTIONS BY FPU
FPU shall have the right, but shall not be obligated, to inspect any installation before utilities are introduced or at any later time, and reserves the right to reject any wiring or appliances not in accordance with FPU’s standards; but such inspection or failure to inspect or reject shall not render FPU liable or responsible for any loss or damage resulting from defects in the installations, wiring, or appliances, or from violation of FPU’s rules, or from accidents which may occur upon the Customer’s premises.
7. REQUIRED INSPECTIONS BY STATE OF TN
All permanent service installations, including but not limited to all residential, commercial, and industrial shall be inspected and approved by a state electrical inspector appointed under contract with the Commissioner of Commerce & Insurance, State of Tennessee. Each such installation shall have a minimum of two (2) inspections: 1.) A rough-in inspection and no wiring shall be concealed until it has been inspected and approved, 2.) A final inspection of the entire and completed electrical installation.
The State Electrical Inspector must inspect and approve the electric service connection before any electric meter is set by FPU. FPU shall not be obligated to connect, reconnect, or render electric service to buildings or premises not approved for electric service until such time as the appropriate electrical inspection authority having jurisdiction inspects and approves the building for electric service.
In certain cases where the Customer is rewiring or making additions to a present system, FPU may continue service to the Customer until the state wiring inspector completes the inspection. The Customer is responsible for purchasing permits or ensuring the contractor/electrician purchases the necessary state permits.
In the event any FPU personnel, through the course of fulfilling his/her normal duties, discovers a situation they believe has the potential to cause significant injury, the employee will report the issue to his/her supervisor. In this event, FPU will have the full authority to request a safety inspection on the property in question. This can include but is not limited to, uninspected buildings, solar panels, pools, etc.
Notwithstanding the above, FPU shall not be liable or responsible for any loss or damage which is caused by any defective wiring or otherwise beyond the "Point of Delivery."
8. INACTIVE ACCOUNTS
After an electric service or building has been without power for 2 years or more, FPU shall require a passed State Electrical Inspection prior to service being re-established.
9. IDLE FACILITIES
Where an electric line is not used and a minimum bill is not paid for a period of 12 (twelve) months, the owner should be notified (if the address is known) that the line will be removed unless service is taken and/or a flat charge minimum bill is paid continuously at that location.
If the line is removed and service is required back at the location at a later date, service can be provided in accordance with the extension policy in effect at that time.
10. RENEWABLE GENERATION FACILITIES
Customers desiring to operate renewable generation facilities (i.e., wind, solar, biomass, hydro, etc.) will be required to execute contracts and agreements as required by TVA and/or FPU prior to beginning construction. Customers shall provide FPU with the completed application packet and obtain written approval prior to operating the system. Customer’s facility and installation shall comply with all local, state, and national codes, including the National Electric Code and the National Electrical Safety Code. All State of TN Electrical Permits are required to pass inspection prior to the commissioning of facilities. Systems are also required to pass any verification processes through TVA and/or FPU prior to commissioning the facility. Associated fees shall be as stated in the application.
Customers shall notify FPU when installing home/business generators. Generators shall be installed by a qualified, licensed electrician in compliance with state and local electrical codes. TN law requires that a home transfer switch be installed with the generator and the installation inspected by the state electrical inspector.
12. SERVICE CONNECTION LOCATION
Utility service will be furnished to all Customers whenever the distribution facilities are available and adequate. FPU reserves the right to refuse to make or to postpone making extensions, additions, or improvements to its utility systems and to prescribe the terms and conditions upon which service will be rendered in any particular case.
13. UNDERGROUND SERVICE LINES
Customers desiring underground service lines from FPU’s overhead system must bear the excess cost incident thereto. Specifications and terms for such construction will be furnished by FPU upon request.
14. OBLIGATIONS AND LIABILITY OF FPU
The obligations of FPU are dependent upon its having or securing and retaining the necessary rights, privileges, franchises, permits, materials, and apparatus. FPU shall not be liable to the Customer in the event it is delayed in furnishing or supplying service or is prevented from furnishing the service applied for by its failure to secure and retain the above. All services shall be subject to all laws, rules, and regulations under which FPU operates. In the event FPU is delayed in delivering service due to any of the above causes, the time fixed for the commencement of service shall be extended for a period equal to such delay. If the service is interrupted by injunction, strike, riot, war, flood, an act of God, fire, accident, breakdown, maintenance, or repairs to its system, cutting in new Customers, or from any cause beyond FPU’s control, FPU shall not be liable to the Customer for such interruptions but shall use its best efforts in restoring the service. During such interruptions, the Customer shall have the right to use such other electric service as may be available.
15. HEALTH AND SAFETY
All Rules and Regulations and Service Procedures affecting health and safety, including (without limitation) all provisions relating to inspections, general safety precautions for utilization, operation, and maintenance of FPU’s electric system, and rules governing installations, are for the guidance and benefit of Customers, users, owners, and FPU.
FPU shall not be responsible for the health and safety thereof, or for any loss, damage, or injury resulting from any violation thereof, but FPU reserves the right, in its discretion, to refuse to furnish electric service or to discontinue furnishing electric service, where the Customer, user, or owner fails to comply therewith.
FPU shall not be liable for any injury to persons or property on account of any defect or negligence in the installation, maintenance, or use of the Customer’s, users, and/or owner’s equipment beyond the point of delivery.
16. EQUIPMENT ON FPU POLES
Fayetteville Public Utilities (FPU) is a municipally owned utility, meaning FPU is owned by the City of Fayetteville. Equipment owned and/or maintained by the City of Fayetteville or FPU shall be the only equipment allowed to be mounted on FPU-owned poles.
17. CUSTOMER EQUIPMENT
Customer equipment (meter bases, transfer switches, private lights, etc.) shall be mounted on Customer-owned poles. Customer-owned equipment shall not be mounted on FPU owned poles. Customer equipment shall not be mounted on any poles owned by our joint use companies (AT&T, Ardmore Telephone Company, etc.) when FPU electric lines are attached to that pole due to safety concerns for both the Customer and utility workers.
18. JOINT USE
Joint-Use Pole Attachments (phone, cable, internet, etc.) are allowed on FPU poles provided the third-party vendor has requested to attach and has a signed, executed contract with FPU for joint use.
19. CUSTOMER'S RESPONSIBILITY FOR FPU'S PROPERTY
All meters, service connections, and other equipment furnished by FPU shall be, and remain, the property of FPU. The Customer shall provide space for and exercise proper care to protect the property of FPU on its premises, and in the event of loss or damage to FPU’s property arising from an event or action other than those of natural origin, the cost of the necessary repairs or replacements shall be paid by the Customer of record for the particular service location affected.
20. RIGHT OF ACCESS
FPU’s identified employees shall have access to the Customer’s premises at all reasonable times for the purpose of reading and testing meters, right-of-way and line maintenance, inspecting, repairing, and replacing equipment such as poles, power lines, transformers, etc. It is a violation for the Customer to have obstructions—such as locked gates, blocked driveways, temporary or permanent structures, vicious dogs, or “danger trees” near the power lines—that would make it more difficult or time-consuming for the employees to attend to said equipment. Failure to remove obstacles could result in disconnection.
Bills will be rendered monthly and shall be paid within fifteen (15) days of the date on the bill at the office of FPU. Payments may also be made by mail, bank draft, night deposit box, telephone, internet, and at most local banks. Failure to receive a bill will not release the Customer from payment obligation. Should bills not be paid by the close of business on the due date specified on the bill, a disconnect notice will be sent to the Customer via mail or by electronic communication if the Customer has elected this option. FPU may at any time thereafter, upon five (5) days’ written notice to the Customer, discontinue service. Bills paid after the due date specified on the bill may be subject to additional charges. The Customer understands that if it becomes necessary for FPU to commence legal proceedings to recover unpaid utility bills or for damaged equipment, the Customer is liable for all expenses incurred including but not limited to, collection expenses, reasonable attorney’s fees, court costs, and the cost of equipment. Should the final date for payment of the bill fall on a weekend or holiday, the next business day following the final date will be held as a day of grace for delivery of payment. For additional information, see the Billing and Collection Policy.
23. CONNECTION, RECONNECTION, AND DISCONNECTION CHARGES
FPU may establish and collect standard charges to cover the reasonable average cost including administration of connecting or reconnecting service or disconnecting service as provided above. Higher charges may be established and collected when connections and reconnections are performed after normal office hours, or when special circumstances warrant.
24. TERMINATION OF CONTRACT BY CUSTOMER
Customers who have fulfilled their contract terms and wish to discontinue service must give at least three (3) days’ written notice to that effect unless the contract specifies otherwise. Notice to discontinue service prior to the expiration of the contract term will not relieve the Customer from any minimum or guaranteed payment under any contract or rate. For additional information, see the Termination of Service Policy.
25. SERVICE CHARGES FOR TEMPORARY SERVICE
Customers requiring utility service on a temporary basis may be required by FPU to pay all costs for connection and disconnection incidental to the supplying and removing of service. This rule applies to circuses, carnivals, fairs, temporary construction, firework stands, and the like. For additional information, see the Termination of Service Policy.
26. INTERRUPTION OF SERVICE
FPU will use reasonable diligence in supplying utilities but shall not be liable for breach of contract in the event of, or for loss, injury, or damage to persons or property resulting from excessive or inadequate electric voltage, single-phasing, or otherwise unsatisfactory service, whether or not caused by negligence, electric, water, wastewater, telecom or natural gas supply or interruptions in any FPU service. FPU will not be liable for any such damages caused by failure to supply utility service as a result of, but are not limited to, (a.) an emergency of FPU, or on any other system directly or indirectly interconnected with it, which requires automatic or manual interruption of the supply of service to some Customers or areas in order to limit the extent or damage of the adverse condition or disturbance, or to prevent damage to generating or transmission facilities, or to expedite restoration of service, or to effect a reduction in service to compensate for an emergency condition on an interconnected system, (b.) an act of God, or the public enemy, or insurrection, riot, civil disorder, fire, or earthquake, or an order from federal, state, municipal, county or other public authority, (c.) making necessary adjustments to, changes in or repairs on FPU lines or pipe lines, substations, pump stations, gate stations, and facilities, and in cases where, in FPU’s opinion, the continuance of service to Customers’ premises would endanger persons or property. The Customer will notify FPU immediately of any defect in service or of any trouble or irregularity with the utility supply. Maintenance work on lines or equipment requiring service interruption will be done, as far as practical, at a time that will cause the least inconvenience to the Customers. The Customers to be affected by such planned interruptions will be notified in advance, if possible.
27. SHORTAGE OF UTILITIES
In the event of an emergency or other condition causing a shortage in the amount of utilities for FPU to meet the demand on its system, FPU may, by an allocation method deemed equitable by FPU, fix the amount of utilities to be made available for use by the Customer and/or may otherwise restrict the time during which the Customer may make use of utilities and the uses which the Customer may make of utilities. If such actions become necessary, the Customer may request a variance because of unusual circumstances including matters that adversely affect public health, safety, and welfare. If the Customer fails to comply with such allocation or restriction, FPU may take such remedial actions as it deems appropriate under the circumstances including temporarily disconnecting utility services and charging additional amounts because of the excess use of utilities. The provisions of the section entitled Interruption of Service of this Schedule of Rules and Regulations are applicable to any such allocation or restriction.
28. UTILITY FLUCTUATIONS CAUSED BY CUSTOMER
Utility service must not be used in such a manner as to cause unusual fluctuation or disturbances to FPU’s system. FPU may require the Customer, at their own expense, to install suitable apparatus which will reasonably limit such fluctuations.
29. ADDITIONAL LOAD
The service connection, transformer, all piping, all lines, meters, and equipment supplied by FPU for each Customer have definite capacity and no addition to the equipment or load connected thereto will be allowed except by consent of FPU. Failure to give notice of additions or changes in any type of load, and to obtain FPU’s consent for same, shall render the Customer liable for any damage to any of FPU’s service connections, transformers, piping, lines, meters, or equipment caused by the additional or changed installation.
30. STANDBY AND RESALE SERVICE
All purchased utility service (other than emergency or standby service) used on the premises of the Customer shall be supplied exclusively by FPU, and the Customer shall not directly or indirectly sell, sublet, assign, or otherwise dispose of the utility service or any part thereof.
31. NOTICE OF TROUBLE
The customer shall notify FPU immediately should the service be unsatisfactory for any reason, or should there be any defects, trouble, or accidents affecting the supply of utilities. Such notices, if verbal, should be confirmed in writing.
32. NON-STANDARD SERVICE
The Customer shall pay the cost of any special installation necessary to meet their particular requirements for service at other than FPU-established standard voltages or for the supply of closer voltage regulation than required by standard practice.
33. METER TEST
FPU will, at its own expense, do periodical tests and inspections of its meters to maintain a high standard of accuracy. FPU will make additional tests or inspections of its meters at the request of the Customer, at the Customer’s expense. If tests made at the Customer’s request show that the meter is accurate within two percent (2%) fast or slow, no adjustment shall be made to the Customer’s bill over a period of not over thirty (30) days prior to the date of such test, and cost of making test shall be borne by the Customer at a cost of the current rate as stated by FPU.
34. INCORRECT CUSTOMER BILLING
If FPU determines a Customer has been incorrectly billed for utility service, except as provided by Meter Test (see Rule and Regulation No. 33), then such incorrect billing shall be adjusted for either the overbilling or underbilling. After a determination of overbilling or underbilling for utility service has been made by FPU, an adjustment for overbilling or underbilling shall be for any known or unknown causes (with the exception of Meter Tests) which result in incorrect constants, failure of utilities, and potential transformer equipment, failure of any other related equipment involved in measuring the consumption of utilities, improperly installed metering equipment, improper billing procedures, and other causes which result in incorrect billings for utility service to the Customer. The period of adjustment for any underbilling or overbilling shall be based upon the period of limitations under TVA Regulatory Policy.
35. RELOCATION OF OUTDOOR LIGHTING FACILITIES
FPU shall, at the request of the Customer, relocate or change existing FPU-owned equipment. The Customer shall reimburse FPU for such changes at the actual cost including appropriate overheads.
36. BILLING ADJUSTED TO STANDARD PERIODS
The demand charges and the blocks in the energy charges set forth in the rate schedules are based on billing periods of appropriately one month. In the case of the first billing of new accounts (temporary service, cotton gins, and other seasonal Customers, excepted) and final billings of all accounts (temporary services excepted) where the period covered by the billings involves fractions of a month, the demand charges and the energy charges will be adjusted to a basis proportionate with the period of time during which service is extended.
These Rules and Regulations may be revised, amended, supplemented by Policy, or otherwise changed from time to time, without notice. Such changes, when effective, shall have the same force as the present Rules and Regulations.
In case of conflict between any provisions of any rate schedule and the Schedule of Rules and Regulations, the rate schedule shall apply.
40. TVA COMPLAINT RESOLUTION PROCESS
In the case of billing disputes or other electric service issues, the customer is expected to resolve the dispute by notifying and working with FPU. If the dispute regarding electric billing issues is not resolved, FPU will provide the customer with information regarding TVA’s Complaint Resolution Process. Customers will be informed about the availability of the TVA Complaint Resolution Process upon application for service, at any time upon request, and through information provided on FPU’s website or other technological means of communication, if available.