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260489 i WHITEy -�qTV CLERK � • 1 � � �� 'c:"R!#R��D,�PqRTi ENT GITY OF SAI�T'� PALTL F le ci1N0. , BLUE -MAYOR rdin• �[ �cnce Ordinance N 0. _ Presented By � Referred To Committee: Date Out of Committee By Date An administrative ordinance granting to Northern States Power Company, a corporation organized under the laws of the State of Minnesota, its successors and assigns, a franchi�e to use the streets and other public property located in the City of Saint Paul for the purpose of con- ducting, distributing and supplying electricity for all purposes for a term extending from the v adoption hereof to December 31, 1973, prescribing rates whieh the Company may charge for such service, and determining the amount which the Company shall pay to the City for the use and occupancy of its streets and other public property. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. Northern States Power Company, a corporation organized under the laws of the State of Minnesota, hereinafter designated as '�Company", being a public service corporation supplying electric energy for all purposes within the City of Saint Paul under Ordinance No. 14788 which expired on Decernber 31, 1972, is, together with its successors and assigns, hereby granted a franchise to us� the streetg and other public property located in such City for such purpose for a term extending from the adoption hereof to December 31, 1973. Section 2. T'he franchise granted herein shall extend to the Company' s use of all streets and public property now being used by COUNCILMEN Requested by Department of: Yeas Nays Hunt Konopatzki In Favor Levine Meredith Against BY Sprafka Tedesco Mme.President Butler Adopted by Council: Date Form Approve ney Certified Passed by Council Secretary Y By Approved by Mayor: Date Appro d by Mayo or Submi By By � � • • � ' . � � • -- . S / �� .r V 9..r Tt R ll 2 the Company in connection with such service and of such other �treets and public property as may from time to time be designated by the City Council. Such franchise to use the streets and other public property located in such City shall include such use for the purpose of erecting, laying, constructing, installing, main- taining, and operating posts, poles, wires, conduits, subways, pipes, manholes, service boxes, cables, conductors, and all other necessary and convenient facilities used in conducting, transmitting, distributing and supplying electric energy to and through said City for public and private use. Section 3. In locating its electrical facilities, the Company shall in no way unreasonably interfere with the safety and convenience of ordinary travel along and over said streets and public property nor interfere with other uses to which such places may be put by the City of Saint Paul, and in the event it shall become necessary during the term of this franchise to remove or relocate the physical property of the Company located within or upon any of the streets or public property in the City of Saint Paul, because of such interference or use by the City, or as a result of any public improvement undertaken by the City, the Company shall, when so advised by the Council, remove and relocate said facilities without cost to the City of Saint Paul, and shall place the streets or public property in the same condition as they were prior to said removal or relocation. Any relocation or removal of the Company' s facilities made necessary because of the extension through or into the City of a Federally-aided state trunk highway, included within the National System of Interstate Highways, shall be governed by the provisions of Minnesota Statutes 1971, Section 161.46. Section 4. Zrhe Company in the installation, maintenance, and operation of its facilitie� shall be subject to such reasonable regulations as may be provided by the Council, and no poles, masts or conduits shall hereafter be installed, erected, or laid by the Company except upon application to the Department of Public Works or other persons designated by the City Council and written per- mission therefor granted by said departm�nt or person, subject to the approval, however, by the Council by resolution. Section 5. During the term of the franchise hereby granted, the Company shall pay into the treasury of the City of Saint Paul ' � � � � � �6�� 3 �s�� 9 a yearly franchise fee of 8%, the monetary amount of which is to be measured by the Company' s gross earnings during 1973 and the payment of such amount to be made in quarterly installments on or before the 30th day of April, July and October of said year, and on or before th�± 30th day of December ot said year, so that the April 30 payment of the franchise fee shall be 8� of the amount of the gross earnings of the Company during the three-month period of January, February and March of 1973; the July 30 payment of the franchise fee shall be 8% of the amount of the gross earnings of the Company during the three-month period of April, May and June of 1973; the October 30 payment of the franchise fee shall be 8� of the amount of the gross earnings of the Company during the three-month period of July, August and September of 1973; and the December 30 payment of the franchise fee shall, if necessary, be based on a reasonable estimate of the gross earnings of the Company during the period from October 1 through December 31 of 1973; and shall be appropriately adjusted by an additional payment by the Company or a refund by the City of Saint Paul when actual gross earnings for such period have been determined by the Company. �he amount of the franchise fee shall be allowed as an operating expense to the Company, and in calculating such amount, "gross earnings" shall be held to mean and include all sums received by the Company from the sale of electricity and electrical energy distributed and us�:d within the city limits of the City of Saint Paul. Section 6. Z'he Council hereby prescribes the following schedules of rates contained9n Appendix A attached hereto and made a part hereof. Such rates shall become effective as to all bills co�puted from regular meter readings on and after the effective date of this ordinance, and shall remain in effect and continue in force until changed as provided herein. Section 7. At any time the Council may review the operations of the Company, and not more often than once in 1973, it may, upon its initiative, or shall, upon the petition of the Company, pre- scribe rates to be charged by the Company under this franchise. If there is a dispute between the Council and the Company over the adoption of prospective rates, an examination of those rates shall be conducted in a public hearing before a qualified hearing examiner upon ten (10) days' published notice in the official newspaper. The �� 4 hearing examiner shall be selected by mutual agreement of the Company and the Council within twenty (20) days after the filing of said petition. If any selection is not made within said twenty (20) day period, then the hearing examiner shall be selected by the Council from a list of three nominees recom- mended by the Chief Judge of the District Court of Ramsey County. The hearing examiner shall at the conclusion of the hearing make recommendations to the City Council which in turn shall review the record and prepare an ordinance setting reasonable rates to be charged by the Company with ten (10) days' published notice of a public hearing on said final adoption of said ordinance to be given in the official newspaper. Should the City Council and the Company agree to setting rates without requiring the hearing before the hearing examiner and the rates to be charged are increased under such agreement, such setting shall be by ordinance, with ten (10) days' published notice of a public hearing on its final adoption to be given in the official newspaper. In setting the rates to be charged, the Council shall thereby include in such determination revenue sufficient to provide a fair and reasonable return to the Company and to cover its reasonable costs and operation expenses allocable to the City. �'he prescription of the rates shall be made within 150 days after the filing of the petition, and should it appear within 100 days after such filing that the Council will be unable to prescribe rates within said 150-day period, the Company may request the Council to authorize the schedules of rates proposed by Company in its petition to become effective as interim rates on all bills computed from regular meter readings after said 150-day period, subject to the obligation by Company to refund to its customers any increases in rates collected under such interim rate5 which are in excess of the lawful and reasonable rates as finally determined. Section 8. The Company may withdraw any rate schedule which has been superseded, may revise any existing rate schedule, or establish other rate schedules, providing the rates thereunder shall be reasonable and no existing customer shall be required to pay higher rates for the same extent of service received prior to the revision or establishment. Within ten (10) days after the filing of such withdrawal, revision, or new schedule by the Company, the City Clerk shall give published notice of such filing. The withdrawal, revision, or new schedule shall take effect sixty (60) Page 5. days after written notice thereof has been filed by the Compaqy with the City Clerk and with the Public Utility Rate Expert unless the Council or any eusto�er shall initiate by resolution or petition during the interi� period a review of the filing, whereupon a ��blic bearing shall be conducted ' upon ten (10) days� notice published beforehand in the official newspaper. After the hearing, the Council shall by resoluticn adopt, modify, or rej�ct the withdrawal of superseded rates, revision of existing rates, or establis2vaent of new rates. Section 9. The Company shall file with the City Clerk, the Public Utility Rate �xpert, and any other person des3gaated by the Council, copies of all rate schedules, charges, forms of contracts or agreements for the sale of electric energy, aad rules and regulations pertai�ing theretc, which shall be kept open by Cit� officials for public inspection. Within ten (10) days after the f�.ling of such rules and regulatioas or amendments thereto, the City Clerk shall give published natice of such filing. Such rules and regulations and amendiaeats thereto which may be filed from time to time by the Cc�paay shall be reasonable, and the Council �ay, upon it� own initiative, or upon petition by a�y customer, f�.led with the City Clerk within fifteen (15) days of publication of the notice, review such rules and regulationa and amen8ments thereto ar�d after a p�blic hearing, enact a resalution revisinq such rule� and regtilations and amendments thereto which it ��iall deem unreasonable. Section 10. For the purpose of assistinq the Council in the regulation of the activities and rates of the Coapa�ny as provided in this franchise, a Public Utility Rate Expert with an adequate staff as full-time employees shall serve to perform the duties that such regulation necessitates. If the Council determines that tlle Public Utility Rate E�ert should be frc�m the City Attorney' s staff, then the City Attorney shall assign the Rate Expert ta it with the concurrence of the Council. Section 11. The Company shall pay the City durinq the ter�n hereof an annual amount of $95,00�, payable cn May 1 cf 1973, of which aum $25,�OQ shall be used to pay part of the arint�al salary of the Public t�tility Rate Exp�rt, his assi�t�nt or assistants, clerical help, travel, outside accountants, engineera, aAd offic� exZaenses. The remainder shall be held in trust atzd $�a�ll b� available for paymeat ef hearing exa�iner, outside aC�o�ntants, attorneys, adviaors, and consultants' fees and cost�, transcripts, and otMer costs reasoAably related to a ratQ h�arinq or rate filinq • • , . . ��g� 6 initiated upon petition of the Company during 1973. At the end of 1973 after all expenses incurred have been paid but no later than May 1 of 1974, the City shall refund to the Company any amounts not expended as above provided. T'he amount o.f_ such payment or payments shall be allowed as an operating expense of the Company in the City of Saint Paul. Sect�.on 12. 7.'his franchise and all things constructed hereunder or used in connection herewith, other than rolling stock and power, shall be subject to common use by any other grantee or assignee of any franchise whsnever there shall be necessity therefor, upon payment or tender of compensation for such use. The question of necessity, compensation, and all other questions relating thereto shall be judicial questions, but no judicial proceeding shall suspend or postpone such use if the person or private corporation desiring such use shall deposit such sum as the Court in a preliminary hearing may determine. Section 13. The Company shall reserve for the exclusive use of the City the upper arm of all poles or masts erected or owned by it in said City, and one duct in each conduit now or hereafter erected or installed; provided, however, that the Company may make use of the portions of said poles, masts, or conduits reserved for the use of the City until such time as the City may desire to make use thereof. Whenever directed by the Council by resolution, the Company shall make reasonable extensions of its street lighting facilities for the installation of street lights, without cost to said City, but said facilities shall remain the property of the Company. , Section 14. 'I'he Company shall file during each month with the Public Utility Rate Expert, and such other person designated by the City Council, a report of the number of customers, sales and revenues by classes of services for the preceding month based upon its utility operations witYiin the City of Saint Paul. The Company shall also file with the Public Utility Rate Expert, or other person designated by the City Council, within three months after January 1, 1973, a complete detailed statement on forms to be approved by said rate expert, or other person, covering the utility operations within the City of Saint Paul for the preceding year including all revenues, expenses and plant investment, together with such breakdown and analysis of operating i ^ � , , . � � . . _ • . � � � �6��'}��t , �.-.��1 � statements as the said rate expert may request. T�he rate expert, or other person designated by the City Council, shall have the right to require additional information concerning operations under this ordinance from time to time in such form as may be prescribed by said rate expert or other person. Any person or persons designated for that purpose by the Council shall have the right, at all reasonable times and upon reasonable notice, to examine the books of account, records, vouchers, disbursements, rates, revenues, contracts, purchases, sales and other transactions bearing on and relevant to the rates Company charges and the service it provides to its customers in the City of Saint Paul. Section 15. Before this ordinance shall be finally adopted by the Council, a public hearing shall be held upon ten (10) days' published notice in the official newspaper and after said hearing the Council may pass this ordinance, revise or amend the same. The Company shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the City Clerk to guarantee publication before the ordinance is passed. Section 16. The Company shall indemnify and sa�e the City whole and harmless from any and all clain►s for injury or damage to persons or property occasioned by or arising out of the con- struetion, naintenance, operation, or repair of said transmission and distribution system or by the conduct of the Company' s business in the City. Section 17. The Company shall, within thirty (30) days after the passage, approval, and publication of this ordinance, file with the City Clerk of said City its written acceptance thereof in form to be approved by the City Attorney, and therein shall agree to abide by, keep, and perform all the terrns, limitations, conditions, and provisions of this ordinance. .il7E *- �ITV CLERK � � •^pCe/�g (�■^, PINFC�.,� a= FINANCE � COUTICll /V$ $�]�y CAN'qRV —'DEPARTMENT GITY OF SAINT PAITL File NO. `� �j �`J�� 'BL,rUE —�MAYOR� � Ordindnce Ordinance N�. �� _ Presented By Referred To Committee: Date Out of Committee By Date 8 Section 18. ZYhis franchise her�in granted shall not be exclusive nor irr�vocable but may be terminated and forfeited after notice and hearing for any breach or failure by Company to comply with any of the terfns, li.mitations, or conditions hereof. Section 19. This ordinance shall take effect and be in force after the public hearing prescrib�d in Section 15 and thirty (30) days after its pa�sage, approval, and publication, and upon it� acceptance, as provided in Section 17 hereof. COU(�1CILMEN Requested by Department of: Yeas Nays Hunt Konopatzki In Favor Levine Meredith �_ Against BY Ted��o e dC e`� Mme.President Butler �E8 ? �v Form Approved by City Attorney Adopted by Council: Date Cer fied sed by C�eil ary BY By Approve May . Date � Approved by Mayor for Submission to Council By BY PUBLISHED FE8 !� �973 pUeL��F{ED FEB 10197� � . • Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR RESIDENTIAL SERVICE Availability Available to any residential customer for domestic purposes only, in a single private residence. Rate First 60 kilawatt-hours per month @ 5.43C per kwh Next 140 " " " " @ 2.93 " " Next 300 " " " " @ 2.30 " " Next 300 " " " " @ 2.17 " " EXCeSS n n n n @ 1.72 n n Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. . Monthly Minimum Charge $2.15 Other Provisions This schedule is also subject to provisions contained under "Rules for Application of Residential Service Rates." � Northern States Power Company (Minn) Electric Utility - City of St. Paul RULES FOR APPLICATION OF RESIDENTIAL SERVICE RATES 1. The Residential Service rate is available to any residential customer for domestic purposes only, for lighting, heating, cooking, and domestic power service in a single private residence, except as hereinafter provided. 2. a. All normally sized equipment for domestic illuminating, heating, cooking, and power, used strictly for household purposes, may be supplied through one meter. b. Motors and other equipment which interfere with service to neighboring customers, all motors larger than 5 horsepower, and snow melting installa- tions or other temporary or seasonal loads totaling more than 25 kilowatts will not be permitted on the Residential Service rate. 3. Only single phase service, rendered through one meter, is available under the Residential Service rate. 4. Three phase service, service to motors larger than 5 horsepower, and service to snow melting installations totaling more than 25 kilowatts may be had under such rates as are available to co�nercial customers for Che respective classes of service. 5. A customer occupying a building or apartment for residential and co�ercial purposes jointly may combine his residential and commercial use on such rate� as are available to coumiercial customers for the respective classes of service. 6. Each apartment or dwelling unit shall be considered as a single priv�te residence but service for a duplex (a single building consisting of two apartments or dwelling units) may be taken through one meter under a single billing provided that the billing shall be computed as though each apartment or dwelling unit used an equal portion of the total service metered and were independently billed, except that the minimum charge shall be the minimum charge for a single apartment or dwelling unit. An apartment is defined to be a room or suite of rooms used for the general functions of a household and permanently equipped with a sink and cooking facilities, occupying space specifically designed for them, such as a kitchen, kitchenette or pullman kitchen. ( Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR ALL ELECTRIC RESIDENTIAL SERVICE Availabilit Available to any residential customer in a single private residence for domestic purposes only where 120/240 volt single phase electric service is used through one meter and customer has in regular use either an Approved Water Heating Installation or an Approved Space Heating Installation or both. Rate First 50 kilowatt-hours per month @ 5.49C per kwh Next 50 �� " " " �d 2��g �� Ne�zt 200 " " " " @ 2.15 " " Next 700 " " ►' " @ 1.72 " " Next 1 000 " " " " @ 1.60 " " Excess " " " " @ 1.40 " " Fuel Clause Bills subject to the adjustment provided for in Fuel_ Clause Rider. � Monthly Minimam Charge $2.15 Rules for Application of All Electric Residential Service Rate 1. The specifications for an Approved Water Heating Installation under this rate are as follo�as: . a. The water heater shall be equipped with no more than two he�ting ele�nts. Each heating element shall be noninductive, thermostatically operated and designed for 240 volts. b. For a water heater equipped with two heating elements: The tatzk size shall be not less than 40 gallons; the rating of either heating element shall not exceed 5500 watts; and, if the total of the ratings of the two elements exceeds 5500 watts, the elements shall be so interloc�Ced that they cannot operate simultaneously. c. For a water heater equipped with one heating element: The tank size and the rating of the heating element for each tank size shall be as follaws: Tank Size Heating Element . in Gallons Rating in Watts 30 3 500 50 5 500 80 5 500 (Continued on follawing sheet) c � \ Northern States Pawer Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR ALL ELECTRIC RESIDENTIAL SERVICE (Contd) d. Electric water heating service will be supplied only under a single applicable rate schedule. e. The installat ion shall not be used to supplement any other system of providing hot water service. f. Company reserves the right to control service to the water heating load. 2. The specifications for an Approved Space Heating Installation under this rate are as follows: a. Electric space heating equipment (except 120 volt units individually rated at 15 amperes or less) shall be designed to operate at 240 volts, shall be permanently installed and shall be the sole source of space heating except tha.t provided by firepiaces. b. Not more than 10 kilowatts shall be switched at one time by the heating system controls. c. Company reserves the right to control service to the space heating load. 3. Service may be taken under this schedule through one meter for a duplex (a single building consisting of two apartments or dwelling units) meeting the above specifications provided that the billing shall be computed as though each apartment or dwelling unit used an equal portion of the total service metered and were independently billed, except that the minimum charge shall be the minim�m charge for a single apartment or dwelling unit. 4. Snow melting installations or other infrequently used loads totaling more thaa 25 kilawatts will not be permitted on this rate except where customer has an Approved Space Heating Installation in which case 25 kw or 50% of the space heating load, whichever is greater, will be allawed. In all other cases the General Service rate or other rates are available for such loads. 5. A customer occupying a building or apart�nt for residential and commercial purposes jointly may combine his residential and conanercial use on such rates as are available to couunercial customers for the respective classes of service but not under this rate. t Northern States Power Company (Minn) E/ 'J ) � Electric U il' J � t it Cit of Pau1 � y y st. RATE SCHEDULE FOR MULTIPLE DWELLING SERVICE Availability Available to any customer using single phase electric service for a multiple dwelling. Rate Single Apartment First 50 kilowatt-hours per month @ 5. 69G per kwh Next 150 " " " " @ 3.06 " " Next 500 " " " " @ 2.27 " " EXC2S5 n n n n �d 1.71 n n Fuel Clause Bi11s subject to the adjustment �rovided for in Fuel Clause Rider. Monthly Minimum Charge $2.15 Rules for Application of Multiple Dwelling Service Rate 1. Service for two or more apartments may be taken through one meter under a single billing provided tizat the billing shall be computed as though each apartment or dwelling unit used an equal portion of the total service metered and were independently billed, except that the minimum charge shall be the minimum charge for a single apartment or dwelling unit. An apartment is defined to be a room or suite of rooms used for the general functions of a household and permanently equipped with a sink and cooking facilities, occupying space specifically designed for them, such as a kitchen, kitchenette or pullma.n kitchen. 2. The general service required by the apartment building, such as service for hall lighting, garages for private use, laundry rooms, drying rooms boiler rooms, janitor's supply rooms, refrigeration equipment, oil burners, furnace stokers, and air conditioning equipment, may be taken on the multiple dwelling schedule provided the kilowatt-hours in the second and third blocks of the rate schedule be increased by 150 and 500 kilowatt-hours, respectively, for each apartment not served on this same meter. 3. Three phase service, service to motors larger than 5 horsepower, and service to snow melting installations totaling more than 25 kilowatts may be had under such rates as are available to commercial customers for the respective classes of service. 4. A customer occunying a building or apartment for residential and comanercial purposes jointly may combine his residential and coaunercial use on such rates as are available to co�nercial customers for the respective classes of service. � -- Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR AUTOMATIC PROTECTIVE LIGHTING SERVICE Availability Available to any customer for illumination of areas of private property. Rate Designation of Lamps Monthly Rate per Unit F48 T10/CW Fluorescent $3.95 (1) 175 Watt Mercury 3.95 400 Watt Mercury 5.70 (1) Available to existing installations only. Service Included in Rate Company shall own, operate and maintain the lighting unit including the fixture, lamp, ballast, photo-electric control, mounting brackets and all necessary wiring. Company shall furnish all electric energy required for operation of the unit. Special Terms and Conditions 1. Above rate contemplates installation of the lighting unit on an existing utility owned wood pole upon which Company's 120 or 240 volt lines are attached. If necessary, Company will extend its 120 or 240 volt lines on existing Company poles for not to exceed two spans provided customer pays the entire cost thereof. No additional transformer capacity will be provided hereunder. 2. The lamp shall be lighted and extinguished by a photo-electric control furnished by the Company. The hours of burning shall �e from approximately one-half hour after sunset until one-half hour before sunrise, every night. 3. If illumination of a lamp is interrupted and said illumination is not resumed within seventy-two hours from the time Company receives notice thereof from customer, 1/30th of the monthly compensation for such unit shall be deducted for each night of nonillumination after such notice is received. 4. Company reserves the right to discontinue service if equipment is abused. Term of Agree�nt Agreement shall be for a term of three years, and, if not then terminated by at least 30 days' prior written notice by either party, shall continue until so terminated. , Northern States Power Company (Minn) Electric Utility - City of St. Paul 1tATE SCHEDULE FOR GEN�RAL SERVICE Availability Available to any customer for single or three phase electric service supplied through one meter. Rate First 200 kilawatt-hours per month @ 5.54� per kwh Next 300 " " " " @ 4�30 " " Next 500 " " " " @ 3.42 " " Excess " " " " @ 2.83 " " All energy in excess of 200 kilowatt- hours per month per kilowatt of demand @ 1.74� " " Primary Distribution Voltage Discount A discount of 5% will be allowed where customer takes service at available primary voltage. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Monthly Minimum Charge $2.15 Determination of Demand The demand in kilowatts for billing purposes shall be the greatest 15-minute load during the month for which bill is rendered, but in no event shall it be considered less than 5 kw. For billing purposes, a fraction of a kw if less than one-half will be dropped, if one-half or more will be billed as one-half. Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR ALL ELECTRIC GENERAL SERVICE Availabilitv Available to any customer who has in regular use an Approved Space Heating Installation. Rate First 400 kilowatt-hours per month @ 3.31G per kwh Next 600 " " " " @ 2.69 " " Next 1 000 " " " " @ 2.28 " " Excess " " " " @ 1.99 " " All energy in excess of 200 kilowatt- hours per month per kilowatt of demand @ 1.74� " " Primary Distribution Voltage Discount A discount of 5% will be allowed where customer takes service at available prima.ry voltage. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Monthly Minimum Charge $2.15 Determination of Demand The dema.nd in kilowatts for billing purposes shall be the greatest 15-minute load during the month for which bill is rendered, but in no event shall it be considered less than 5 kw. For billing purposes, a fraction of a kw if less than one-half will be dropped, if one-half or more will be billed as one-half. Special Requirements The specifications for an Approved Space Heating Installation are as follows: 1. Electricity shall be the sole source of space heating in all areas served through the meter. 2. At least 40% of the total connected load must be permanently connected space heating equipment. 3. Company reserves the right to control the space heating load. Northern States Power Company (Minn) Electric Utility - City of St� Paul RATE SCHEDULE FOR GENERAL WATER HEATING SERVICE Availabilit_y Available to any customer for single or three phase service at 208 volts or higher, uncontrolled as to time of use, for an Approved Water Heating Installation supplied through a separate meter. Rate Energy Charge: First 100 kilowatt-hours per month per kilowatt of demand @ 1.71� per kwh EXC@SS n n n n n n n �� d 1.�+2 n n Excess Wattage Chart�e: An additional charge of $1.63 per 1 000 watts or fraction thereof will be made for connected loads in excess of: a. storage tank installation 350 watts per gallon of tank capacity. b. swia�ning pool installation 50 watts ner square foot of water surface area of swimming pools. Fuel Clause Bills subject to the adjust�nt provided for in Fuel Clause Rider. Monthly Minimum Charge $2. 15 Determination of Demand The demand in kilowatts shall be the greatest 15-minute load during the month for which bill is rendered but in no event shall it be considered less than 10 kilowatts. The demand may at Company's option be determined by periodic test or measurement. Approved Water Heating Installation The specifications for an Approved Water Heating Installation under this rate are as follaws: 1. The water heater shall be equipped with thermostatically operated non- inductive heating ele�nts designed to operate at 208 volts or higher. 2. The water heater shall be connected by means of a tamperproof circuit to Company's water heating meter. 3. The storage capacity of the water heater shall be 40 gallons or more and the connected load shall be 4500 watts or more, except that a water heater having a storage capacity of 30 gallons and a single heating element rated at 3500 watts will be permitted. (Continued on following sheet) Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR GENERAL WATER HEATING SERVICE (Contd) 4. Water heating service will be supplied only under a single applicable rate schedule. 5. The installation shall not be used to supply hot water for space heating purposes. 6. The installation shall not be used to supplement any other system of providing hot water service. 7. Company reserves the right to control service to the water heating load. 8. The above specifications for an Approved Water Heating Installation shall apply to heating water for swiusning pools subject to the following modifications: a. The storage capacity specification of Section 3 shall be waived. b. The installation shall not be used to heat water for other purposes. Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR LARGE GENERAL SERVICE Availability Available to any customer for general service Kind of Service Alternating current at the follawing nominal voltages: (a) Secondary Voltage: single or three phase at 208 volts or higher, (b) Primary Distribution Voltage: three phase at 2400 volts or higher, (c) Transmission Line Voltage: three phase at 34 500 volts or higher. Service voltage available in any given case is dependent upon voltage and capacity of Company lines in vicinity of customer's premises. Rate Demand Charge for Service at Secondary Voltage: First 100 kilovolt-amperes or less of demand - $235.00 per month Next 100 kilovolt-amperes of demand @ $1.78 per kva per month Next 800 " " " " @ 1.54 " " " " Next 9 000 " " " " @ 1.43 " " " " Excess " " " " @ 1.35 " " " " Dema.nd Charge far Service at Primary Distribution Voltage: The Dema.nd Charge for Service at Secondary Voltage less $.15 per month per kilovolt- ampere of demand. Demand Charge for Service at Transmission Line Voltage: The Demand Charge for Service at Secondary Voltage less $.25 per month per kilovolt-ampere of demand. Plus an Energy Charge of: First 20 000 kilowatt-hours per month @ 1.72C per kwh Next 30 000 " " " " @ 1.35 " " Next 50 000 " " " " @ 1.17 " " Next 400 000 " " " " @ 1.05 " " Next 500 000 " " " " @ .92 " " Next 9 000 000 " " " " @ .84 " " Excess " " " " @ .74 " " Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Prompt Payment Provision A charge of 5% will be added to net bill which charge shall constitute a discount from gross bill for payment within the discount period. (Continued on following sheet) Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR LARGE GENERAL SERVICE (Contd) Determination of Demand The demand in kilovolt-amperes for billing purposes shall be determined by dividing the maximum demand in kilowatts by the monthly average power factor and shall be rounded to the nearest whole kva, but in no month shall the demand to be billed be considered as less than 50% of the greatest demand in kva billed during the preceding eleven months nor in any event less than 100 kva. Maximum Demand The maximum demand in kilowatts shall be the greatest 15-minute load during the month for which bill is rendered. Averat�e Power Factor The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilawatt-hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt-ampere-hours supplied during the period will not be considered in determining the average power factor. Minimum Demand to be Billed The monthly minimum billing demand sha11 not be less than provided above, whether or not energy is used. Standby and Supplementary Service Availability Available at 12,400 volts or higher to any large commercial or industrial customer who normally supplies part or all of his electric power requirements from another independent source of power for which the Company's service may be substituted wholly or in part. Customer shall contract for capacity adequate to supply the entire electric requirements for which such service may be used which capacity shall equal or exceed the agreed kva demand for standby to custamer's other source of power. Company shall not be obligated to supply capacity in excess of that contracted for. Rate The billing shall be in accordance with Company's Large General Service rate schedule for Service at Primary Distribution Voltage except that the paragraph "Determination of Demand" shall be modified to read as follows: "The demand in kilovolt-amperes for billing purposes shall be determined by dividing the m3ximum demand in kilawatts by the monthly average power factor, but in no month shall the demand to be billed be considered as less than the agreed standby demand plus 50% of the greatest excess demand in kva over such standby demand billed during the preceding eleven months nor in any event less than 2 500 kva." (Continued on following sheet) Northern States Power Company (Minn) Electric Utility - City of St. Pau1 RATE SCHEDULE FOR LARGE GENERAL SERVICE (Contd) Parallel Overation Interconnection and parallel operation of Customer's inde- pendent source of power (Customer's system) and Company's service (Company's system) will be permitted by Company under the following conditions: 1. The interconnection between the systems must be at 12,400 volts or higher at a point on Company's system where Customer's operations will not interfere with the quality of Company's service to any of its other customers. 2. Customer agrees to provide the necessary equipment as approved by Company to enable Customer to operate its generating equipment in parallel with Company's system. Since the power factor and the voltage at which Company's system and Customer's system are operated will vary, each party agrees to operate its system at such power factor and voltage as is candu- cive to best operating standards and in such manner as to absorb its share of the reactive power. 3. Company reserves r_he right to disconnect service in th� event service to Customer results in trouble on Company's system such as interruptions, grounds, radio or telephone interference, surges or objectionable voltage fluctuations, where such trouble is caused by negligence of Customer if, after giving notice in writing to Customer of such trouble, Customer fails to remedy the causes thereof within a reasonable time. 4. Company's meters will be ratcheted to measure the flow of power and energy from Company to Customer only. Reverse flow if any will be ignored unless the amount is substantial in which event it will be a matter for negotiation and further agreement between the parties. Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR �� . LARGE ALL ELECTRIC GENERAL SERVICE � ° J ' ✓ Availability Available to any customer who has in regular use an Approved Space Heating Installation. Kind of Service Alternating current at the following nominal voltages: (a) Service at Secondary Distribution Voltage: three wire single phase and three or four wire three phase at 208 volts or higher, (b) Service at Primary Distribution Voltage: three phase at 2400 volts or higher. Service voltage available in any given case is dependent upon voltage and capacity of existing Company lines in vicinity of customer's premises. Rate First 10 000 kilowatt-hours or less - $289.00 per month Next 10 000 kilowatt-hours per month @ 1. 76� per kwh Next 80 000 " " " " @ 1.54 " " Excess " " " " @ 1.46 " " All energy in �xcess of 200 kilowatt-hours per month per kilowatt of demand: First 600 000 kilowatt-hours @ 1.19� per kwh Excess " " @ .82 " " Primary Distribution Volta�e Discount A discount of $.10 per month per kilowatt of demand will be allowed where customer takes service at available primary voltage. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Prompt Payment Provision A charge of 5% will be added to net bill which charge shall constitute a discount from gross bill for payment within the discount period. Determination of Demand The demand in kilowatts for billing purposes shall be the greatest 15-minute load (subject to Pawer Factor Adjustment) during the month for which bill is rendered, but in no event shall the demand for billing purposes be considered as less than 50% of the greatest demand used for billing purposes during the preceding eleven months, nor less than 100 kw. (Continued on following sheet) `� Northern States Power Company (Minn) Electric Utility - City of-St. Paul . RATE SCHEDULE FOR LARGE ALL ELECTRIC GENERAL SERVICE (Contd) Pawer Factor Adiustment The customer shall at all times take and use power in auch manner that the average power factor shall be as near 100% as possible, but when the average power factor is less than 8070, then the greatest 15-minute load ahall be adjusted by multiplying it by 80%, and dividing the product thus obtained by the avexage power factor expressed in percent. The average power factor is defined to be the quotient obtained by dividing the kilawatt-houra uaed during the month by the square root of the sum of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere-hours supplied during the ssme period. Airy leading kilovolt- ampere-hours supplied during the period will not be considered in determining the average power factor,. Special Requirements The specifications for an Approved Space Heating Inatallation are as follows: 1. Electricity shall be the sole source of space heating in all areas served through the meter. 2. At least 40% of the total connected load must be perananently connected space heating equipment. 3. Campany reserves the right to control the apace heating load. Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR FIRM AND INTERRUPTIBLE LARGE GENERAL SERVICE Availabilitv Available to any customer taking his entire electrical require- ments from Company at 12,400 volts or higher who agrees that Company's service to the equipment listed in Schedule A attached to the contract may be inter- rupted by Company at any time and for such periods as Company, in its sole discretion, considers the supply of such service detrimental to its operations as a public utility. R_ate Demand Char�e for Firm Service: First 100 kilovolt-amperes or less o£ demand - $220.00 per month Next 100 kilovolt - amperes of demand @ $1.63 per kva per month Next 800 " " " " @ 1.39 " " " " Next 9 000 " " " " @ 1.28 " " " " EXC2SS n �� n @ 1 2O u �� n n , Demand Char�e for Interruptible Service: First 10 Op0 kilovolt-amperes or less of demand - $3500.00 per month Excess kilovolt-amperes of dema.nd @ $.35_ per kva per month Plus an Ener�y Charge of: First 20 000 kilowatt-hours per month @ 1.72C per kwh Next 30 000 " " " " @ 1.�5 " " Next 50 000 " " " " @ 1.17 " " Next 400 000 " " " " @ 1.05 " " Next 500 000 " " " " @ ,92 " " Next 9 000 000 " " " " @ .84 " " Excess " " " " @ .74 " " Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Prompt Payment Provision A charge of 5% will be added to net bill which charge shall constitute a discount fram gross bill for payment within the discount period. Determination of Demand The Firm Service and Interruptible Service demands in kilovolt-amperes for billing purposes shall be determined by dividing the maximum demand in kilowatts by the monthly average power factor and shall be rounded to the nearest whole kva, but in no month shall the demand to be billed be considered as less thaa 50% of the greatest demand in kva billed during the preceding eleven months nor in any event less than 100 kva for Firm Service and 10,000 kva for Interruptible Service. (Continued on following sheet) Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR FIRM AND INTERRUPTIBLE LARGE GENERAL SERVICE (Contd) Maximum Demand The maximum demand in kilowatts shall be the greatest 15-minute load during the month for which bill is rendered. Avera�e Power Factor The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt-ampere-hours supplied duri.ng the period will not be consid�red in de�ermining the average power factor. The average power factor shall be determined for each of the Services. Minimum Demand to be Billed The monthly minimum billing demand for each of the Services shall not be less than provided above, whether or not energy is used. Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR LARGE COrIl�IERCIAL SERVICE Availability Available to any commercial or industrial custamer for combined lighting and power purposes. Kind of Service 1. Alternating current at the following nominal voltages: (a) Secondary Voltage: single phase or three phase at 208 volts or higher, (b) Primary Distribution Voltage: three phase at 2400 volts or higher. Service voltage available in any given case is dependent upon voltage and capacity of ComQany lines in vicinity of customer's premises. 2. Direct current, only where and to the extent now used, at a nominal voltage of 120/240 alone or in combination with secondary voltage alternating current. Rate D�mand Char�e for Service at Secondarv Voltaf�e: First 10 kilowatts of demand @ $4.05 per kw per month Next 40 " " " @ 3.02 " " " " Next 50 " �� (.a 2.73 ►� �� Next 100 " " " @ 2.35 " " " " EXCOSS u u u �d 2 O1 n n u n . Demand Charge for Service at Primarv Distribution Voltage: The Demand Charge for Service at Secondary Voltage less $.15 per month per kilowatt of demand. Plus an Eneri�y Charge of: First 2 000 kilowatt-hours per month @ 3. 82C per kwh Next 3 000 " " " " @ 2,76 " " Next 15 000 " " " " @ 1.72 " " Next 30 000 " " " " @ 1.46 " " Next 50 000 " " " " @ 1.27 " " Excess " " " " @ 1 17 " " . Plus a Direct Current Additional Charge of: 0.6p� per kilowatt-hour for all direct current kilowatt-hours. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Prompt Payment Provision A charge of 5% will be added to net bill which charge shall constitute a discount from gross bill for payment within the discount period. Determination of Demand The demand in kilowafits for billing purposes shall be the greatest 15-minute coincident load (subject to power factor adjustment) during the month for which bill is rendered, but in no event shall the dema.nd to be billed be considered as less than 50% of the greatest demand billed during the preceding eleven months, nor less than 3 kw for Service at Secondary Voltage and 25 kw for Service at Primary Distribution Voltage. (Continued on Following Sheet) � . . . . . I� .. � . . . . Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHIDULE FOR LARGE CO1rIl�tERCIAL SERVICE (Contd) Minimum Demand to be Billed The monthly demand charge shall not be less than provided above, whether or not energy is used. Power Factor The customer shall at all times take and use power in such manner that the average power factor shall be as near 100% as possible, but when the average power factor is less than 80%, then the demand as determined above shall be adjusted by multiplying it by 807o and dividing the product thus obtained by the average power factor expressed in percent. The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilawatt-hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt- ampere-hours supplied during the period wi11 not be considered in determin3n g the average power factor. Where customer's demand is less than 40 kw the average power factor may at the Company's option be determined by periodic test or measurement. Standby, Supplementary, Emergency and Incidential Service (Alternating Current Only) � Availability Available for service to custaners who normally supply their requirements either directly or indirectly from another independent source of pawer for which the Company's service may be substituted wholly or in part. Customer shall contract for capacity adequate to supply the entire electrical requirements for which such service may be used and Campany shall not be obligated to supply capacity in excess of the amount aontracted for by customer. Rate The billing shall be in accordance with the Large Co�ercial Sexvice rate sched ule, except that the paragraph "Determination of Demand" shall be modified to read as follows: "The demand in kilowatts shall be the greatest 15-minute load during the month for which bill is rendered, but in no month shall the demand to be billed be based on less than the greatest demand previously supplied nor on less than the demand contracted for. In addition, for new custamers taking service subsequent to January 1, 1965, the demand to be billed shall in no event be considered as less than 100 kw." Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR MUNICIPAL GENERAL SERVICE Availabilitv Available for metered alternating and direct current energy used by the City of St. Paul for all lighting, power, and heating purposes, except street lighting and traffic signals. Rate 2.67� per kilowatt-hour. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Options This is the only schedule available to the City for the above purposes except that the following schedules are optional hereto when applicable to the service rendered: 1. Large General Service 2. All Electric General Service 3. Controlled Water Heating Service (Closed) 4. General Water Heating Service. Northern States Pawer Company (Minn) Electric Utility - City of St� Paul RATE SCHEDULE FOR TRAFFIC SIGNAL SERVICE Availabilitv Electric energy for traffic signals owned and operated by the City. Rate Demand Charge First 5 kilowatts or less - No charge Excess kilawatts @ $3.37 per kw per month Energy Charge First 200 kilowatt-hours per month @ 2.70F per kwh Excess " " " " @ 2 14 " " . Fuel Clause Bills subject to the ad,justment provided for in Fuel Clause Rider. Monthly Minimum Charge $1.10 Determination of Demand The demand in kilawatts for b illing purposes shall be the greatest 15-minute load during the month for which bill is rendered. For billing purposes the demand shall be adjusted to be the nearest 0.1 kw. The demand may be determined by test. Special Terms and Conditions The cus�omer shall supply the service wires run in conduit up the nearest pole or to some other point designated by the Com- pany near the signal. The necessary meter loops and cabinets must be supplied by the custamer. Northern States Paaer Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR TRAFFIC SIGNAL SERVICE Availability Available to governmental agencies* for operation of traffic signals, and direction and warning lights along streets and highways, for traffic regulation and guidance as distinguished from street lighting and general illumination. Rate Demand Charge First 5 kilo�watts or less - No charge Excess kilawatts @ $3.37 per kw per month Energy Charge 3.80� per kilawatt-hour Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Monthly Minimum Charge $1.65 Determ:i.nation of Demand The demand in kilawatts for billing purposes shall be the greatest 15-minute load during the month for which bill is rendered. _ For billing purposes the demand shall be adjusted to the nearest 0.1 kw. The demand may be determined by test. Special Terms and Conditions The customer shall supply the service wires run in conduit up the nearest pole or to some other point designated by the Company near the signal. The necessary meter loops and cabinets must be supplied by the customer. * For State of Minnesota and Ramsey County. Northern States Power Campany (Minn). ��,�, Electric Utility - City of St. Paul � RATE SCHEDULE FOR MUNICIPAL WATER PUMPING SERVICE Availabilitv Available to municipal water systems for operation of pumping and water treatment plants when all pumping and other power requirements at all plants are supplied hereunder. (Appropriate rate schedule applied separately to each delivery point) Rate Effective within the corporate limits of the City First 2 000 kilowatt-hours per month @ 2.40� per kwh Next 2 000 " " �� @ 1.gt�. �� Next 96 000 " " " �� @ 1.2g �� NeXt 200 000 " " " " @ 1.05 " " Next 200 000 " " " " @ 1.00 " " Excess �� @ 96 �� . _,_ • Fuel Clause Bilis subject to the adjustment provided for in Fuel Clause Rider. Power Factor If the average monthly power factor of any plant or station is less than 95% lagging, the kilowatt-hours of that particular station will be determined by multiplying the kilowatt-hours actually supplied by 95% and dividing the product thus obtai�d by the average power factor expressed in percent. The average power factor is defined to be the quotient obtained by dividing the kilowatt-hours used during the month by the square root of the sum of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere-hours supplied during the same period. Any leading kilovolt- ampere hours supplied will not be considered in determining the average power factor. The average power factor may at the Company's option be determined by test or measurement. Northern Statea Pawer Company (Minn) Electric Utility - City of St. Paui RATE SCHEDULE FOR STREET LIGHTING SERVICE Availabilitv Available to the City of St. Paul for furnishing, maintaining and operating certain electrical connections, lines, and appurtenances thereto, and supplying electric current for city street lighting, as follows: Ornamentals and Overheads I. Series Ornamental City owns and maintains underground cables, posts, lamps, and glassware. Company furnishes energy at central distribution points designated by the Company. Rate 1.60� net per kilowatt-hour. - Metered on primary side of constant current transformers. Schedule of burninQ - All night. Lighted and extinguished by photo- electric control. The rate provided in item I.above is based upon a City budget for electric energy for street lighting totaling not less than $150 000. The rate of 1.60� net per kilowatt-hour will be increased to 1.70� net in any calendar year in which the total net payment to Company for street lighting service amounts to leea than $150 000. II. Multiple Ornamental A. City owns and maintains underground cables, posts, incandescent lamps, and glassware. Company furnishes energy only at central distribution points designated by Company 1. Sint�le-Light Posts Rate per Post per Year Lamp Size All-nit�ht Midni�ht 1 000 Lumen $ 8.30 $ - 2 500 " 12.40 9.80 4 000 " 18.60 13.90 6 000 " 25.80 18.10 2. Two-Lis�ht Poats Rate per Post per Year Lamp Size 2AN lAN-lI�IN 21�AT 4 000 Lumen $ 38.20 $31.00 $23.80 (Continued on following sheet) Northern States Power Company (Minn) Electric Utilitv - Citv �f St. Paul RATE SCHEDULES FOR STREET LIGHTING SERVICE (Contd) B. City owns and maintaina undergroun3 cables, posts, mercury lamps, ballasts and glasaware. Ballasts shall provide a power factor of at least 90%. Company furnishes energy only at central distribution points designated by Company. Mercury Lamps Burning Rate per Lamp Lamp Size Schedule per Year 100 Watt AN $ 8.00 100 " �`I 5.60 175 " AN 13.00 175 " A'IlJ 9.30 250 " AN 17.60 400 " AN 26.30 400 " I�Ai 20.10 700 " AN 46.50 700 " MN 32,00 1 000 " AN 71.20 1 000 " 1"IDT 49.60 C. City owns and maintains underground cables, posts, fluorescent lamps, ballasts, and glassware. Ballasts shall provide a power factor of at least 90%. Company furnishes energy only at central distribution points designated by Company. Fluorescent Lamps Rate Number and Size Burning per Unit of Lamps per Unit Schedule per Year 1-F48EH0 AN $10.30 2-F72H0 AN 13.90 1-F96H0 AN 9.30 1-F96H0 NIN 6.20 Schedule of BurninA, Groups A, B, and C - All-night lamps lighted and extinguished by photo-electric control. Midnight lamps are lighted by photo-electric conerol and extinguished at midnight Central Standard Time. (Continued on following sheet) . ' Northern States Power Compa�y (Minn) Electric Utility - City of St. Paui RATE SCHEDULE FOR STREET LIGHTING SERVICE (Contd) III. Multivle Overhead City owns and maintains lamp units, lamps, and glassware. Company owns and maintains distribution system including hangers, and furnishes energy St the lamp unit. A. Incandescent Lamps Rate La�P Burning per Lamp Size Schedule per Year 4 000 Lumen AN $23.40 6 000 " AN 34.20 B. Mercurv Lamps Rate L8mP Burning per Lamp Size Schedule per Year 175 Watt AN $19.20 . 250 " AN 27.00 400 " AN 40.80 Mercury lamps shall be installed in groups of 6 or more units supplied from one point. Mercury lamps shall include high power factor ballasts giving a pawer factor of at least 90%. Schedule of Burnin�, Groups A and B - All-night, lighted and extinguished by photo-electric control. Rates in this section based on supplying service to an average of not less than one 4 000 lumen lamp per 600 lineal feet of pole line. IV. Stairway and Navigation Lamps (Multiple) Customer owns and maintains. Company furnishes energy only at central distribution points. Rate Lamp Burning per Lamp Size Type Schedule ger Year �Lumen Navigation � $ 7�70 600 Lumen Stairway AN 7�70 Schedule of Burnins� Navigation - Sunset to sunrise during navigation season. Stairway - All-night. Lighted and extinguished by photo- electric control. No additional lights will be served under this rate which would require cons�ruction in excess of an average of 100 feet< per lamp and no poles will be set in frozen ground. � Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR CONTROLLED WATER HEATING SERVICE (Closed) Availabilitv Available to any Controlled Water Heating Installation supplied through a separate meter and served hereunder on November 1, 1961. No new water heating installation made after November 1, 1961 will be served under this rate. Rate Energy Charge: 1.604` per kilowatt-hour Excess Wattat�e Char�e: One Element Tank - If the capacity of the heating element exceeds 20 watts per gallon of tank capacity, an additional charge of 10� per month per whole 100 watts will be made for such excess capacity. Two Element Tank - If the capacity of the bottom element exceeds 20 watts per gallon of tank c�.pacity or the top element exceeds 4,500 watts, an additional charge of 10� per month per whole 100 watts will be made for the greatEr of such excess capacities. Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Monthly Minimum Charge $2.15 Time Control An electrical control device will be furnished by Company which will control the service so that no energy will be supplied during the follow- ing periods: 10:00 a.m. to Noon and 4:00 p.m. to 7;00 p.m. or such other daily period or periods as the Company ma.y elect from time to time but not to exceed a total of five hours daily. Approved Controlled Water Heating Installation The specifications for an approved controlled water heating installation under this rate are as follaws: 1. The water heater shall be of the storage type, equipped with one or two thermostatically operated noninductive heating elements designed for 240 volts (208 volts in some commercial areas). 2. If the water heater is of the two-element type it shall have one element near the bottom and the other not more than one-fourth the distance from the top of the tank and so connected or interlocked that they cannot operate simultaneously. (Continued on follawing sheet) Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR CONTROLLED WATER HEATING SERVICE (Closed) (Contd) 3. The storage capacity of any water heater installed hereu,nder after January 1, 1959 shall be 80 gallons or more. 4. The water heater, whether one-element or two-element, shall be connected by means of a tamperproof circuit to Company's controlled service meter. 5. At custoc�er's option the top (emergency or booster) element of a two- element water heater may be permanently connected to either Company's con- trolled service meter or to Company's Residential Service or General Service meter. 6. The water heating installation may consist of two or more tanks provided that the installation meets the specifications for a single tank and that all are located on the same premises for one customer's use. 7. The installation shall not be used to supply hot water for space heating purposes. . � Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHEDULE FOR COI�IlKERCIAL LIGHTING SERVICE (Closed) (Direct Current) Availabilitv Available to any commercial or industrial customer for direct current service, only where and to the extent now used, for lighting, 120 volt plug-in equipment, cooking and heating equipment totaling not more than ten kilowatts, and small motors totaling not more than five horsepower. No individual cooking and heating unit to exceed 3000 watts and no individual motor to exceed 2 horsepower. Rate First 100 kilowatt-hours per month @ 8.18C per kwh Next 100 �� " " " @ 6.99 " " Next 300 �� @ 6.00 �� Next 1 500 " " " " @ 4.80 " " , Excess " " " " @ 3.82 " " All energy in excess of 200 kilowatt- hours per month per kilowatt of demand @ 2.62 C " " Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Monthly Minimum Char�e $2.30 for lighting, 120 volt appliances individually rated at 15 amperes or less, cooking and heating connected load totaling not more than one kilowatt, and motor connected load totaling not more than one kilowatt, plus $.73 per kilowatt of total cooking and heating connected load in excess of one kilowatt, plus $.73 per kilowatt of power connected load in exceas of one kilowatt. Determination of Demand The de;mand in kilowatts for billing purposes shall be the greatest 15-minute load during the month for which bill is rendered, but in no event shall it be considered less than 7-1/2 kw. For billing purposes a fraction of a kw if less than one-half will be dropped, if one-half or more will be billed as one-half. D_etermination of Connected Load for Puruoses of This Schedule Motors The connected load shall be asstmmed to be one kw for each horsepower of nameplate rating. ' Other EQUipment Not Listed Above The nameplate rating shall be the basis of determining the connected load. Incorrect or Missint� Nameulate In any case where there is reasonable doubt as to correctness of manufacturer's rating or where insufficient or no rating exists, the Company may fix the rating by test. . . ' . . ' Northern States Power Company (Minn) Electric Utility - City of St. Paul RATE SCHIDULE FOR GENERAL POWER SERVICE (Closed) (Direct Current) Availabilitv Available to any commercial or industrial customer for direct current service, only where and to the extent now used, for general power purposes. Rate First 50 hours' use per month of demand @ 6.99� per kwh Next 150 " " " " " " @ 4.15 " " EXCeSS n n n ii n �� d 2.73 n �t Quantity Discount First $56.80 of monthly bill - 0% discount Next 56.80 " " " 10% " Next 56.80 " " " 20% " Next �6.80 " " " 30% " Next 56.80 " " " 40% " Exces s " " " 25 0 " Fuel Clause Bills subject to the adjustment provided for in Fuel Clause Rider. Monthlv Minimum Char�e Based on rated capacity of connected load which shall be not less than one kilowatt: $2.30 for the first kilowatt or less $ .92 per kilowatt for the excess kw Determination of Demand The demand in kilowatts for billing purposes shall be the greatest 15-�minute load during the month for which bill is rendered, but in no event shall it be considered less than 4 kw. Determinat ion of Connected Load for Purposes of This Schedule Motors The connected load shall be assumed to be .8 kilowatt for each horsepower of nameplate rating, Other Eauivment Not Listed Above The nameplate rating shall be the basis of determining the connected load. Incorrect or Missin� Nameulate In any case where there is reasonable doubt as to correctness of manufacturer's rating or where insufficient or no rating exists, the Company may fix the rating by test. . � � • , . Northern States Power Company (Minn) Electric Utility - City of St. Paul FUEL CLAUSE RIDER FUEL CLAUSE RIDER The adjustment to be added or deducted under the Fuel Clause shall be 0.013� per kilowatt-hour for each whole cent by which the cost of fuel is more or less, respectively, than 31G per million Btu. The cost of fuel shall be the average cost of fuel used during the preceding twelve months as recorded in FPC Accounts 501 and 547. • . c � �� ys'9 r�oRnxnvri �- �3- �.3 T0: The Saint Paul City Co�cil FROM: Legal Asaistance oF Ramsey Coutzty. Inc. D1�TE: January 22, 1973 RE: NORTHERN STATES POGJER UTILITY TERMINATION PRACTICES The purpose of this memoranducn is to e�cplain the factual and legal need for Northern States Power (NSP) to provide a notice and fa.ir hearing procedure to utility subscribers before tezyninatia�al. It is Legal Assistatice's position that such notice and hearing provisions should ba made part of the franchise agreememt betwee� the City of Saitzt Paul and Northern States Power and that the City Cow�cil should not approve the franchisa agreement until such provisio�� are included. I. The Factual Need. During the one-year period from May of 19'71 to May of 1972 Northern Statea Pawer terminated utility services to 4,421 customers in Ramsey County, W :h .+ -on Cnuntv. and narts oP Chisa¢o an� DakQ�a ��unties. Durin� that s8me . . ..- . � �V�� . 5 � \ � days after wri ten nc�tice thereof has been filed by the _ . �ompany with th .` City Cierk and with the Public Utility - Rate E.xpert unle;ss the Council or any customer shall initiate �y resoluti�n or '�petition during the interim period a review �f 't�e filing, wh�reupon a public heari^g shall be canducted :.a��on ten (10) days�; notice published befc?rehand in tY:e official newsgaper. After tl,ie hearirzg, tne Ccuncil shall by resolution �dopt, modify, or re,ject the withdrawal of superseded rates, � �evision af existing`�,rates, or establishment of new rates. ., Sec�tion 9. The �ompany sha�l file with the City Clerk, the Public Utility Rat'� E xpert, and any other person designated by the Council, copies `:of aZl ra.te schedules, charges, forms of contracts or agreements'`, for the sale of electric �nergy, and rules and regulations pertaini`�g thereto, which shall be kept open by City officials for publiC, inspection. Within ten (10) days after the filing of such rules �nd regulatior_s or amendments thereto, the City C1Erk shall give �aublished notice of such fi.ling. 5uch rule� and regulations and amendm�nts thereto which may be filed �rom time to time by the Com�any sha.Zl be reasonable, and the Coun��il may, upon its own initiative,`�>,or upon petition by any customer, fi�ed with the City Clerk within fif een (15) days of publication of the notice, review such rules and �gulations and amendments thereto and after a public hearing, enact a resolution revising such rules . and regulations and amendments th'�reto which it shall deem un- reasonable. `, S� \ction 10. For the pus'pose of assisting t�ie Cour.cil ir� the S regulati�n of the activities �'��nd rates �of the Gom�any as prov�;ded in this f�,anchise, the Council, shail appoint a Pub�ic Utility �� } r.ate �xpert with ar� adeq�aate staff as ''�ull-time emp3oyees to pe�form the dutie� that such regulation necessitates. Section 11. The Company shall payhthe City during the term hereof an annual amount oi' $95,Q00, payab.�e on May I of 1973, of which sum $25, 000 sha?1 be used to pay`�part of the annual salary cf the Public Utility ?�ate Expert, his 'assistant or assistants, �lerical help, travel, outside accountants, engineers, and offiCe expenses. The r.emainder shall be held in' trust and shall be available for payment of hearing examine�, outside accountants, attorneys, advisors, and consultants ' fees and costs, transcripts, and other costs reasonably related to a rate hearing or rate filing , � ,�`. ��.�r'�"� � � I�sP �- , N O R T H E R N S T A T E 5 P O W E R C O M P A N Y SAINT PAUL, MINNESOTA 35102 ��3� Fr�Fo July 30, 1973 C�S�C,�F : ��8/�� P,q��'�S JJ7 O,c The Honorable Harry E. Marshall �/N,yF�CF City Clerk, City of Saint Paul City Hall and Courthouse Saint Paul, Minne s ota 5 510 2 Dear Mr. Marshall: Pursuant to the provisions of electric franchise Ordina.nce No. 15319, Northern States Power Company hereby files the attached revised ��Auto- matic Protective Lighting Service" rate schedule to replace the correspond- ing electric rate schedule now on file. This schedule has been revised to provide additional lighting services. In addition to Area Nightwatch Service, which is presently available, the attached schedule provides for Directional Nightwatch Service and for insta.11ation of additional facilities to permit nightwatch service at a location which will more effectively light the area desired by the customer. The Directional Nightwatch Service in 400 and 1000-watt mercury units provide control of the light pattern to more effectively illuminate a given area. No existing customer will be adversely affected by the proposed revisions. Very trul yours, / � Thomas A. Connelly Division Manager ;�-�,y{ �:.:�, � �� '�. � , r � � _ ., City of St. Paul AUTdMATIC PROTECTIVE LIGHTING SERVICE Availability Available to any custamer for illtnnination of areas of private property. Rate Designation of Lamps Monthly Rate per Unit Area Nightwatch F48 T10/CW Fluorescent $3.95(1) 175 Watt Mercury 3.95 400 Watt Mercury 5.70 Directional Nightwatch 400 Watt Mercury $ 9.25 1000 Watt Mercury 15.50 (1) Available to existing installations only. Service Included in Rate Company shall own, operate and maintain the lighting unit including the fixture, lamp, ballast, photo-electric control, mounting brackets and all necessary wiring. Company shall furnish all electric energy required for operation of the unit. Special Terms and Conditions 1. Above rate contemplates installation of the lighting unit on an existing utility owned w�ood pole upon which Company's 120 or 240 volt lines are attached. At custamer's request Company will extend its 120 or 240 volt lines up to three spans for each unit installed, in which case the monthly bill computed at the above Rate will be increased by the amount of the monthly billing for the requested extension at the rates then in effect. For underground service 75 feet or fraction thereof sha.11 be cansidered a span. No additional transformer capacity will be provided hereunder. 2. The lamp shall be lighted and extinguished by a photo-electric control furnished by the Company. The hours of burning shall be from approximately one-half hour after sunset until one-half hour before sunrise, every night. 3. If illumination of a lamp is interrupted and said illumination is not resumed within seventy-two hours fram the time Company receives notice thereof from custamer, 1/30th of the monthly campensation for such unit shall be deducted for each night of nonillumination a.fter such notice is received. 4. Company reserves the right to discontinue service if equipment is abused. (Continued on following sheet) I ♦ � � l" I . �,. � City of St. Paul AUTCMATIC PROTECTIVE LIGHTING SERVICE (Contd) Term of Agreement Agreement shall be for a term of three years except that if customer requests an underground extension the term shall be five years; if not then terminated by at lea.st 30 days' written notice by either party, the agreement shall continue until so terminated. Rate Code Designation of Lamps Res. Cam. Area Nightwatch F48 T10/CW Fluorescent AP128 DP128 175 Watt Mercury AP138 DP138 400 Watt Mercury AP118 DP118 Directional Nightwatch 400 Watt Mercury AP928 DP928 1000 Watt Mercury AP938 DP938 c6�4�� 5 days after written notice thereof has been filed by the Company with the City Clerk and with the Public Utility Rate E.xpert unless the Council or any customer shall initiate by resolution or petition during the interim period a review � of the filing, whereupon a publ�c hearing shall be conducted � upon ten (10) days' notice pub�ished beforehand in the official newspaper. �lfter the hearing, the Council shall by resolution adopt, modify� or reject the withdrawal of superseded rates, revision of ex,�sting rates, or establishment of new rates. ,. Section 9.� The Company shall file with the City Clerk, . the Public Utili y ??ate E xpert, and any other person designated by the CounciZ, pies o� all rate schedules, charges, forms of contracts or agre ents for the sale of electric energy, and rules and regulations pe taining thereto, wl°iich shall be kept opea b�r City ofticials for ublic inspection. Within ten (10) days after the filing of such les and regulations or amendments thereto, the City elerk shall give published notice of such filing. Such rules and regulations and amendments thereto which may be filed from time to time by e Company shall be reasonable, and the Council may, upon its own init tive, or upon petition by any customer, fiied with the City Clerk wit in fifteen (15) days of publication of the notice, review such rule and regulations and amendments thereto and after a public hearin , enact a resolution revising such rules and regulations and amen nts thereto which it shall deem un- reasonable. Section 10. For the pu ose of assisting the Council in the regulation of the activities d rates of the Company as provided in this franchise, the Council hall appoint a Public Utility R ate Expert with an adequate st f as full-time employees to � perform the duties that such re ation necessitates. . , � � Section 11. The Company shall" ay the City during the ter.�► • hereof an annual amount of $95,OOD, .�ayable on May 1 of 1973, of which sum $25,004 shall be-used to pa�part of the annua2 salary of the Public Utility Rate Expert, his ��ssistant or assistants, clerical help, travel, outside accountants, engineers, and office � expenses. The remainder shall be held in trust and shall be available for payment of hearing exami�er, outside accountants, attorneys, advisors, and consultants' fees and costs, transcripts, and other costs reasonably related to a rate hearing or rate filing ��'., ��.�. r .. .� �� '"F � � �:: g�., '�� i , o.�� y . ,. � r; a° �� II� I �!�' � � � 1 ��. c �� o� � e ��ntrres , � ieard� , � ' - ��Rt7sd J�t�'y""�,' ��__ (�uus�+$O,�i97�: risp NORTH ERN STATES PO W ER CO �L�4ANY MINNEAPOLIS, MINNESOTA '3S4�fp �� " 3� �� f.{�/ c�T�7 Pa��M KN�CE To the Honorable Mayor and Members of the City Council Saint Paul, Minnesota Gentlemen: The undersigned, Northern States Power Company, does hereby accept and agree to abide by, keep and perform all of the terms, limitations, conditions and provisions of Council File No. 260489, being Ordinance No. 15319, adopted by the Council and approved by the Mayor on February 7, 1973. NORTHERN S TES POWER COMPANY BY / � Division M � And '�, q ssistant Secretary AP AS TO FORM: City Atto y Mr. Sprafl:� moves to amend Couricil File �;o . ��_ p y�►9 in the followin�; particul��rs : De_leta Sec tion 10 in i. i;s erlt_i7�F: ty ;:,.rid s��z��s�L.it-�.i�t�,e iii li.e�z �arici in �,lace tr►ereoi' tEie f'oll.o�oin�; "Section 10. For the puY�pose of' assis tin.�� 1,he Council in Lhe re�;ulaLion of �;he �c (;ivii;ies a.nd r��.Les o�' t�1e Company a.s provic�ed in this franchise , a Publ.ic Ul;i]_i-ty Rai�e Exper. t wi�;h an aclequate sta=Pf a.s fizll—time e1;lployees shall serve to perform the duties that sizcYi regulation neeessitates . Ii' ti�ie Council deter•mines t�iat ttie Pub].ic Utility Ra.te Expert s�loul.d be From the. City Attoi•ney� s s�tarr, t(zetl �the City A�, torney shall assi�n t.he Rate Expert t;o it witYi f3�e coiicuY•rence of the Council . '� February 12, 1973 Mi. Thome.s A. C.onnelly, Divi�ion Manager Northern �tates Pow�r Company 360 �dabasha Street S�, P�L�1.� 1�1i71.`lesota Dear S3r: Enclosed is a copy of Qrdinanc� Nv. 1�319� Council File �Ta. 260489, Electricity Franchise, wh3.ch was adopted by the City Gbuncil on �'�bruary 7, 1973. We ca11 your ape�ial attention to Section 1�';thereof which requires the filin� of a writte� accept�z►ce, in forra approv+ed by �he City Attorney� with the City Clerk, with3n thirty (3Q) day'� aft�r the pa$se,ge, appraval and publication of the ordinanee. Also enclosed 3s a bill in the amount aP $471.9Q to cover the cost of publieation of the ordinance. Very truly yours�, �ity Clsrl� � August I, 19T3 Councilm�amutn Ro+�atie �it"Lar Cha�;�vme�n ITtilities Cc�nmi.ttee ]�ar Mra. Sutlex: The C3ty Council todBey received �nd referred to th� Util3tiee Cc�onittee a letter of Northern Stetes Prnrer liling a revised "Autcamatia Protective Li�hting Servic�" rate achedule. Very truly youre, City CZerk ve � .� � � 1 J'� � � ?_.id_a.A � �� 3�rd -- .�_...0 Ac.�a�tcd 3 / � :�' Yeas Nays I��I�I'� °�y,.� f • • h, � KONO''t�'i�KI "� � °.� �� rx�zF. , 26� � � ��`� MER:E;DITH � � l�c��l�3�-�-�. TE DESCO M,e PRESIDEI�iT (BUTLER) � • c � a�6ys'9 �o�� 3- �.� T0: The Sair�t Paul City Covncil FROM: Legal Asaistance of Ramsey County, Iric. D1►TE: January 22. 1973 RE: NORTf�RN STATES POWER UTILITY TERMINATION PRACTICES The purpose of this memoranduta is to expla.itl the factual and legal need for Northern States Power (NSP) to provide a notice and fair hearing procedure to utility subscribers before terminatiaal. It is Legal Assistance's position that such notice and hearing provisions should ba ndade part of the franchise agrseme�t betwee� the City of Saitlt Paul and Northern States Power and that the City CoLmcil should not approve the franchise agreement w1ti1 such provisiaazs are included. I. The Factual Need. During the one-year period fro�m May of 1971 to May of 1972 Northern States Pawer terminated utility services to 4,421 customers in Ramsey County, Washingta� Courtty, and parts of Chisago and Dakota Counties. During that same pariod, NSP threatened to termitsate 75,128 subscribers in the same geographic area. Thus, there is no question that a goodly number of St. Paul citizea�s face either the threat or the fact of termination of utility services. It is Legal Asaistance's opitiicn that in a substantial number of caaes, NSP makes mistakea and incorrectly terininates servicea. The five plaintiffs involved in a pe�nditlg �awsuit in Federal Court in St. Paul point up the tragedy and ut�d�scionable resulta that occur through NSP's actions. Marie Jackscn went without utility services For over si.x weeks because she could not afford to pay an alleged bill that she disputed in part. Ebelyn �ydt reazted, and under her lease agreement the landlord would pay a port.ion of the utility services. Again, although she correctly disputed a portion of the alleged bill, NSP turned oPf her aervices. Thareaa Andress, an ep.ileptic, 90� blind, deaf in one year, and preg- �ant with hsr third child� was daserted by her husband and left with att alleged $54 utility bill. Although ahe atteanpted to contast the bill, NSP threat�ened to terminats �less she paid the e�►tire bill. Finally, Rosalirid James arid Peggy Joh�so�n rented under a lease agreemea�t that called for their l.andlord to pay for utility aervices. Hawavar. Without prior notice NSP terminated servicea to their respective apartaaents because the landlord fsiled to pay an a.11eged bi11. We sat forth theae real .life caaes because they are indicative of the fact tha.t NSP does make Ynistakes and itzcorrectly terminates utility services. Moreover, our axperience at Legal Assistar�ce buttresses this conclusian in that approxi,mately four cliealts a week come to our offices with NSP termination problems. and approximate�y a�e iri �.hrea have a claim or defe�se to the paymment of the full bill. Of more import is the fact that in each of the above five aitustic�a, and in co�mtleaa othera, while the utility subscriber valid2y and in good faith disputed a ut.ility bill, NSP chose to i�ore their claima and arbi- trsrily took action. Thus, Lsgal Asaistat�ce oP Ran�sey County would submit that daspite NSP�s disclaimera, they do make mistakea and the problean of termination without hearing ia o�e of great m�agnitude. NSP Termination Practices 2. II. The Le�tal Need. Judge Devitt's recent opinion in �b v. Han}b1in. 3-72-Cin.-115 (D. Mirin. 1972), and the City of St. Paul's response to that dec�iaiori have ut.most relevance to the questian at hand. In that case. the court ordered the City of St. Paul to "establish a procedure whereby affected water users are notified and afforded an opportunity to be heard before an impartial hearing officer before water service is terminated." While the:holding of the Lamb case is obviously s.ignificant, several other aspects of the case should be considered in deciding if NSP should be required to provide both notice and a fair hearing. a) Utility Services are Protected Ri�thts. First of all, Judge Devitt indicated that due process requires that notice and an opportunity to be heard must be provided before certa.in adminis- trative actions can be take� and that the Supreme Court decisions have developed a doctrine of entitla�aents to protect what has bean various7gy described as "statutory entitlements" or "important interests." �b v. Hamblin, supra. Judge Devitt then wen t on to state: There can be little doubt that ut.ility services'�t'all within the sams coristitutional protections afforded welfare beeiefits, wages, drivers' licanses, reputatian in the co�nunity and possessian of perso�a.l property..." Stanford v. Gas Service Co., 346 F. Supp. 717� 721 (D. Kan. 1972 ; Brorison v. Cansolidated dis Co. of Ne�w York. Inc., F. Supp. , 72 Civ. 30 7 HRT (S.D.N.Y. oct. 30, i97�. Moreover, as the court in �amb, reco@�izad, "in operating as 8t1 SpU&I'el]t mono- �ol�r the Water Department carifars an important beriefit on its customers sufficiently analogous to other 'entitlements' recognized in recent Supreme Court decisiaais. Davis v. Weir, 328 F. Supp. 317. 321 (N.D. Ga. 1971) ." (eYnphasis added) . In other words. there catz be no questiar► that the utility services provided by NSP, which is� at minimum, an apparent monopoly. are the sort of "statutory e�titleaaents," or "importarit in terests," xhich are pro- tected by the Due Process Clause of the United States Constitution. b) NSP Functions as a Governmental At�encv. Aa was noted in the �amb case, a portian of a cause of actiar� in a case such as lamb must be predicated on the basis that the defendants are acting under the "color of state law" in depriving persons of their secured cansti- tutianal and other protected rights. A,dickes v. S. H. Kress & Co. 398 U.S. 144 (1970). Tha court had no trouble in �an�b in finding that the City of St. Paul had been acting under the color of state law as the munic.ipal. officials of St. Paul are responsib.le for the operation of a municipally ow�ed utility. While there may be some question if NSP can be considered to be acting "under the color of state law," it must be noted that to date four federal courts have required that public utility companies have the same duty toward util.ity subscribers that a governmental agency has toward its recipients; that of utmost good faith and care. Moreover, three of these courts have required that utility compatiies provide subscribers with notice �d a hearing before termination. Also, the federa�. court in Bronso.n v. Consolidated Edison Co. of New York. Inc., supra, recently held that Consolidated Edison must cwaply with atandards of due process. Of most import is Ihrke v. Northern -2- NSP Termitiation Practices 3� States Power Co.. 459 F.2d 566 (8th Cir.), 3ud'm vacated as moot. 41 U.S. L.W. 3182 (1972), which specifically hald that NSP operates iti St. Paul akiri to a goverx�mental public utility. Therefore, Legal Assistance would strongly urge that the City Council of Saint Paul reco�ize the clear trend in the law which considers public utilities to be acting under the color of state law and which requires that these public utilities meet standards of due process like ar�y other governmental agency. c) Hearina and Notice Procedures Should be formulated Leaislative v. As indicated in the Lamb case, the Supre�►e Court has failed to outline the kind of hearing required, but has directed that legislative bodies formulate procedures that are fundamentally fair. Moreover. as Judge Devitt specially noted in Lamb v. Hamblin. supra: While the nature arld form of this procedure (notice and hearing) is a aubiect for leaislatioti, not ad�udication, it should encompass the basic caricepts set out iri the cited Supreme Court decisions. (emiphasis added) d) St. Paul's Resno�se to Latab v. Hamblin. It is our ut�deratsnding that the Citq of St. Paul has decided not to appeal the decision in Lamb v. Hamblit�, but rather intends to provide the residents of St. Paul ��water �rith due process." In that regard� it is our further undarstat�ding that the City, in �omplying with Judge Devitt's order, has already drafted tentative not.iae provisiaass and will in the near future proa�ulgate regul.ations implen�eriting the Pair hearing procedures. In other words, the City of St. Paul has dacided against using more taxpayers' money to appeal the deciaion in Lamb and is in the process of supplyirng its resi- ' de�ts wi.th the additior�al protections provided for in Lamb. As to this response. the City of St. Paul and the City Council should be caaranended. However, .it see�ns anamalous that iu� a factual situation that is analogous to the water termination situa.tian. the City Council of St. Paul is coritem- plating the contirrua�nce of disservice to its residents by not demat�ding that NSP provide for notice and a fair hearing prior to termination. I�n other words, not a�],y is a right which is aimilar to the right protected in Lamb ir�volved, but s►n agericy, actirig under the color of state law atzd with the acquiesce�ce and approval of the St. Paul City Council, continues to fail to provide "due process" to its customers. Added to this is the fact that the problem is one that should be handled legislative.ly (by the City Council) and the fact that �fdue process" ia co�stitutionally required. On this basis, it seems incredible that the City Council of St. Paul is willing to approve the franchise in queatia� without tha notice atad fair hearing provisions. Not aaz�y is the City of St. Paul failing to provide its citizea�s with a pro- tection that is their coristitut.iarial right, and thus is acquiescing in a procedure that causes much har�► to its residents, but the City of St. Paul, by its acquiesceasce, will in the long run cost the taxpayers of St. Paul additiarial expanse which Wil.l i.ricur as a result of lawsuits against NSP -- lawsuits that Would be Lmnecessary if the City Cout�cil would omly force NSP to comply with the �aw. -3- NSP Termir�ation Practices 4. III. The Notice and HearinA Procedure �visioned. As meritioned, the Supreme Court has stated that the exact notice and hearit�g procedures involved should be legislatively determined. The Court in Fuerites v. Shevin, 407 U.S. 67, provided some guidance whe�n it stated: Leeway reanain3 to develop a form of hearing that will minimize Lmnecassary cost at�d delay while preserving the fairness and effectiveness of the hearing in pre- vanting seizures of goods where the party seeking the writ has little probabilitq of succeeding on the merits of the dispute. Judge Devitt expanded upan the Fuentes language and indicated the three legal remedies available to the custw�ner: 1) the equitable remedy of in�unction; 2) pay- ment under protest and suit for refund; and 3) remedy at law for damages where inadequate for various reasons, and it has been reasar�ed that admitl.istrative hearings are oEtertz the only appropriate forums for assuring that people will have a meaningful opportunity to be heard. Their sitnplicity, informality, and relative inex�e�se is such that anyaale can participate iri them. Iri short, the�► are flexible devices which are well suited for minor dis utes " Lamb v. Hamblin, supra. (emphasis added . The court in Lainb v. Hamb].in, supra. also stated that what was required of the City of St. Paul was a "regularized� orderly proce�s of dispute settlesnerit" whereby affected water uaers are notified and afforded an opportwiity to be heard bafore an impartial hearing officer bePore water sernice is terminated. Moreover. Judge Devitt stated that the due process clause required the creditor to sustain the burden of proof xithin the simplified adiainistrative framerrork. Thus, Legal Assistance will make no attempt to formulate ati exact notice and 'hearing proceas other than to urge that the Consumer Actian Now (CAN) fair hearing proposal. which has bean subrnitted to the City Council, be strong.ly cansidered. Legal Assistance would only suggest that it is obvious that the City Council of St. Paul is the appropriate forum and body to draft and implement the notice and hearing procedure discussed. N. The Cost of a Notice and Hearin� Procedure. At�y cost cansideratio�s must be canaidered under the overview of Judge Devitt's opinion in I amb: The cost to defendants in providing an impartial forum for resolution of credit disputes, while burdet�some, is out- weighed by the private �d public interest in having such a forum. As with welfare beriefits� " 'the stakes are simply too hi�h for the �'watery recipie�t, arid the possibility for haazest error or irritable ia'�.s�udgm�t too great, to allow terminatia� of (service) without giving the recip3ent a chance, .if he so desiras, to be fully i.t�formed of the case agairist hiin so that he may coaitest its basis and produce evidence in rebuttal."' Goldbera v. Kellp. supra, 397 U.S. at 226, 90 S. Ct. 15 1019-20. (emphasis added). Legal Assistance would also urge the City Council to consider Judge Devitt's words about the relativa inexpenae of i�fotznal administrative hearings. Moreover. it is our understandi.tzg that a notice atld fair hearing procedure has been adopted by public utilities in Massachusstts and northern Ohio without any additional collec- tion costs. In that regard� NSP could .lower ita collectiori costs by providing persons with an opportunity to di�pute a bill prior to termination as it will -4- NSP Tenainatiaai Practices 5� el.iminate the need in some situations for other co.11ecticn contacts or trips to turn off services. Finally, the City of St. Paul should have swne idea as to the potential cost based aa� thair pro3ectioris in the Kater terminat.ian situation. V. S_ In closing, Legal Assistance urges you to take some action. Now that you have reviewed the collection pract.ices of NSP, we request that you revi.�e those practices and include specific policies regarding notice and fair hearitzg, which are now lacking. No one at this time can be absolutely certain what NSP's collec- tion practices are because. to the best of our lu�owledge, these policies are not in writitzg. We ask you to put such policies in writing by way of the franchise or regulations and to hold Northern States Power accountable in the future for such policies. Your failure to take that actioh would result in your approving NSP's current termitzatian arid collectiaal practices which are �nconsistent with caristitutioa�al requireme�ts and the rights of St. Paul citize�ns; are unFair and create a hardship ari the reside�ts of St. Paul; and which are iticansistent with the City's attitude and approach to xater termination caaes. We hope you adopt that suggested fair hearing procedure. r'n r'A C'C3 �O A n C � �n � �� 'O'(-'�i' �.'OJ � � � ��m � '' '"' —_"-'° ?...� 7 y �� a� � o � � co�e � c �o � `�,a ;..'� � 3 c,� �'a y y �,,c �,� R� .- ,,.' �, � o i� � °�� y ° i'� � $ � ��c a`D o,`<� o,�p� �� °`° �nm�� o ��C`� �Q, � �.o�o =�� G � �v�, m ~ o ° � O O oo ��;.-awr. c',..,�cio 5 �, � ��•o � � � c.� � °—'aZ+ � �""..'��io "m � .°, °'� y '* o c c«� �' �Q� � ��'r �� y N p�j� „�,,,� `�y� � &9� �� CD y D (D �+ C � l9 �p y'y, `C � . � f11 e-'A� y�.�' n'�'�'7 dC O � N 00'd e�-'lD "y ~ ~ � �'�'N� R7 R'� �fD f� C. ►: �ao °�� o,T � 'y � °—f4y � oyycn' ': � � �• v' O f�°C M � eD t� � '^�.A r' � d n '.� O.'.7 '. � A: G. r+ Q o� �'� ...c�o e�o �•� �� ':.a' �'5,��, 9 �'�'m w� w �� • � � w �o u, v, ti �-o � r» ��vo �nco � cscoa.. a. 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