§ 231.26 Fraud; tampering.

Tampering or in any way interfering with meters, transformers, poles, conductors, or any part of the property of the United States is prohibited, and any violation of this provision shall be subject to prosecution pursuant to law. Service will be discontinued to any premises at any time when in the opinion of the Officer in Charge such action is necessary to protect against abuse, fraud, or theft.

§ 231.27 Resale of electric power.

Service will be discontinued should a consumer resell electric energy delivered to such consumer from the Project electric power system.

[41 FR 53321, Dec. 6, 1976]

§ 231.28 Compensation of employees.

All employees are strictly forbidden to demand or accept any personal compensation for services rendered to

a consumer.

§ 231.29 Noncompliance with rules.

Should a consumer be found to be violating these rules and regulations and should he not remedy the violation, the Officer in Charge may discontinue electrical service. Except in cases of emergency or as otherwise provided, the consumer will be given written notice of at least 5 days. The notice shall state the particular rule or regulation that has been violated and inform the consumer of the action to be taken. Advance notice need not be given in the event of the discovery of a dangerous consumer-caused condition.

§ 231.30 Definition of maximum demand. The maximum demand for each month shall be defined as the average amount of power used by the consumer during that period of 30 consecutive minutes when such average is the greatest for that month as determined from time to time by the United States by suitable meters or other

means.

§ 231.31 Interruptions to service.

The United States will furnish energy continuously so far as reasonable diligence will permit but the

United States, its officers, agents, or employees shall not be liable for damages when, for any reason, suspensions of the operation of the power system of the United States, or any part thereof, interfere with the delivery of electrical energy to a consumer. Should such suspensions occur due to causes arising on the system of the United States, the minimum bills of consumers who are affected may be reduced 1 percent for each 8 hours or major fraction of total suspension occurring in 1 month.

§ 231.32 Written claim.

The consumer may make written claim, within 30 days after date of monthly bill, for reduction on account of any suspension or suspensions alleged to have occurred and not considered in such bill. If written claim is not made within 30 days, claim shall be deemed to have been waived. If any dispute arises as to whether there was a suspension of service, or whether any such suspension was due to causes arising on the power system, the matter shall be referred to the Commissioner of Indian Affairs as provided in § 231.3.

§ 231.33 Contingent upon appropriations.

All contracts are subject to appropriations being made by Congress from year to year of moneys sufficient to do the work provided for therein, and to there being sufficient moneys available to permit allotments to be made for the performance of said work. No liability shall accrue against the United States by reason of such moneys not being appropriated, nor on account of there not being sufficient moneys to permit sufficient allotments.

§ 231.34 Minimum contract period.

The minimum contract period is 1 year. The contract, however, may be terminated if the consumer vacates the premises, except in cases where an extension has been constructed to supply the consumer as stated in §§ 231.5 and 231.7. In this event any amount owing the consumer for a construction advance shall be forfeited.

[41 FR 53321, Dec. 6, 1976]

§ 231.51 Rate Schedule No. 1—Residential.

(a) Application of Schedule. This schedule applies to electrical service required for residential purposes in individual private dwellings and in individually metered apartments delivered through one meter to a customer at one premise either urban or rural, for domestic use only. The electrical service is to be used on the consumer's own premises only and must not be resold.

(b) Type of Service. Single phase, 60 cycle, 120/240 volts.

(c) Monthly Rate. (1) $6.65 for the first 100 kilowatt-hours or less.

(2) 5.2 cents per kilowatt-hour for the next 300 kilowatt-hours.

(3) 4.4 cents per kilowatt-hour for the next 800 kilowatt-hours.

(4) 3.3 cents per kilowatt-hour for all additional kilowatt-hours.

(d) Fuel Cost Adjustment. An adjustment shall be added to each kilowatthour used equal to the estimated average purchased power adjustment (rounded to the nearest $.0001) paid by the Project to the Project's power supplier.

[43 FR 60899, Dec. 29, 1978]

§ 231.52 Rate Schedule No. 2-Commercial Rate.

(a) Application of Schedule. This schedule applies to electrical service required by commercial, industrial and off-reservation irrigation pumping for all uses when such service is supplied at one point of delivery and measured through one meter. The electrical service is to be used on the consumer's own premises only and must not be resold.

(b) Type of Service. Single or three phase, 60 cycle, at one standard voltage (120/240, 120/208, 270/480, or 480 volts).

(c) Monthly Rate. (1) $6.65 for the first 100 kilowatt-hours or less.

(2) 5.1 cents per kilowatt-hour for the next 900 kilowatt-hours.

(3) 4.1 cents per kilowatt-hour for the next 4000 kilowatt-hours.

(4) 3.1 cents per kilowatt-hour for all additional kilowatt-hours.

(d) Demand Charge. (1) None for the first 5 kilowatts.

(2) $2.77 per kilowatt for all billing demand over 5 kilowatts.

(e) Minimum Charge. (1) $8.59 or $2.77 per kilowatt of billing demand for billing demands over 5 kilowatts, or the amount specified in the contract whichever is greater, except where the Officer in Charge determines that the customer's requirements are of a distinctly recurring seasonal nature. Then the minimum monthly bill shall not be more than an amount sufficient to make the total charges for the twelve (12) months ending with the current month equal to twelve (12) times the highest monthly minimum computed for the same 12-month period.

(f) Billing Demand. The highest 15minute integrated demand in kilowatts occurring during the month or the demand specified in a contract, whichever is greater.

(g) Fuel Cost Adjustment. An adjustment shall be added to each kilowatthour used equal to the estimated average purchased power adjustment (rounded to the nearest $.0001) paid by the Project to the Project's power suppliers.

[43 FR 60900, Dec. 29, 1978]

§ 231.53 Rate Schedule No. 3-Irrigation Pumping Rate.

(a) Application of Schedule. This schedule applies to electrical service required for pumping of irrigation water for irrigation systems located on the reservation, when such service is supplied at one point of delivery and consumption is measured through one meter and is approved by the Officer in Charge. Use must be limited to the customer's premises and must not be resold.

(b) Type of Service. Single or three phase, 60 cycle at one standard voltage (120/240, 120/208, 270/480 or 480 volts).

(c) Monthly Rate. (1) Energy Charge 1.9 cents per kilowatt-hour.

(2) Demand Charge $1.65 per kilowatt of billing demand.

(3) Minimum Charge $1.65 per kilowatt of billing demand.

[43 FR 60900, Dec. 29, 1978]

§ 231.55 Adjustments due to Purchased Power Cost Changes.

The rate schedules given in §§ 231.51, 231.52, 231.53 and 231.54 shall be adjusted as necessary and appropriate to offset changes in costs of power and energy purchased from the power supplier(s) of the Project. Rate adjustments pursuant to this provision shall become effective upon unilateral action of the Area Director; however, when a rate adjustment is determined to be necessary, the Area Director shall give sufficient notice to customers and other interested parties.

[43 FR 60900, Dec. 29, 1978]

STANDARD RATE SCHEDULES

232.51 Rate schedule No. 1: Residential, urban and rural.

232.52 Rate schedule No. 2: General. 232.54 Rate schedule No. 4: General. 232.55 Rate schedule No. 5: Irrigation pumping and sprinkling.

232.56 Rate schedule No. 6: Street and area lighting.

AUTHORITY: Sec. 7, 62 Stat. 273; 5 U.S.C.

301.

SOURCE: 41 FR 1899, Jan. 13, 1976, unless otherwise noted.

§ 232.1 Effective date; changes.

(a) The regulations in this part are for the conduct of the electric power system of the Flathead Project, Montana, hereinafter referred to as the Project.

(b) These service policies are a part of all oral or written contracts for furnishing or receiving electric service. A copy of the written contract forms can be inspected at the Project's offices.

(c) These regulations shall become effective with the first billing made after the second calendar month following the date of final publication in the FEDERAL REGISTER.

(d) The regulations in this part may be revised, amended, supplemented, or

otherwise changed by duly delegated authority from the Secretary of the Interior. These rules and regulations cancel the previous rules and regulations of Part 232, Title 25, Code of Federal Regulations.

232.2 Authority of project engineer.

The project engineer is responsible for the operation of the Electric Power System and the enforcement of the regulations in this part. He is authorized to carry out and enforce the regulations either directly or through the power superintendent or other project employees designated by him.

§ 232.3 Disputes.

Any aggrieved party may file with the project engineer a written complaint regarding the application of the regulations. Within fifteen days after its receipt, the project engineer shall render a written decision thereon and serve a copy thereof on the aggrieved party. Within fifteen days from receipt of such decision, the aggrieved party may take an appeal to the Commissioner of Indian Affairs who shall render his decision within sixty days and his decision shall be final. Pending the determination of an appeal, electric service shall be continued, except in cases in which the question of the existence of dangerous conditions on the premises of the consumer is involved, provided the consumer pays the amount of each bill for electric service prior to the time when it becomes delinquent. If the question of the amount of a bill is involved in an appeal the consumer shall be deemed to have paid the bill under protest and the payment shall be held in a special deposit account until the final decision has been made.

§ 232.4 Applications; contracts.

(a) Each applicant for electric service will be required to sign the Project's application and contract form or a special contract. Where special terms and conditions are involved, a contract may be executed and shall contain such provisions and stipulations as may be desirable to protect the interests of both the Project and the customer.

(b) Acceptance of service, with or without a signed application or contract, shall be subject to compliance with the terms of the applicable rate schedule and of these regulations.

(c) All service involving new construction shall be for a minimum of five years for permanent, domestic or commerical service. For area lighting service the minimum shall be for three years. For irrigation pumping the minimum shall be for five seasons. If the consumer vacates the premises, he shall be liable for the unpaid minimum contract revenue only to the extent that it is not liquidated by the succeeding occupants.

(d) The project engineer is authorized to reject applications which he deems to be adverse to the best interests of the Project.

§ 232.5 Deposits.

A cash deposit in the amount of approximately twice the monthly bill or a deposit of not less than $30.00 may be required from customers to guarantee the payment of electric service bills. In general, an applicant who is the owner of record of the permanent installation to be served will not be required to make a deposit until a delinquency in the payment of a bill has occurred. All services constructed under § 232.6c will be required to make a deposit to guarantee payment of bills. Deposits will be refunded upon termination of service and full payment of accounts, and also may be refunded at any time at the discretion of the project engineer.

§ 232.6 Extensions and construction.

(a) Permanent installations. In general, the Project will extend its overhead distribution facilities to serve permanent installations within its service area, provided the extension is physically and economically feasible. Normally, lines will be built in the most direct route from the nearest source of supply. The route shall be selected by the Project but will generally follow established roadways and utility easement areas when available. The prospective customer or customers will provide all necessary right-ofways and perform such clearing of the

right-of-way as directed by the project engineer without cost to the Project.

(b) Funding. If funds are available, the Project may absorb the cost of such extensions to the extent that the cost does not exceed six (6) times the annual guaranteed revenue to be derived from the extension. For purposes of this rule, extension cost shall include all normal costs except the cost of transformers, meters and other such fixed equipment. Estimated revenues shall be based upon the following limits:

(1) Residential Service. $60 to $180 per year exclusive of electric heat plus 20 cents per square foot per year of space to be heated electrically.

(2) Seasonal use Residences. $60 per year.

(3) Commercial and Industrial. Power charges for estimated typical demands and anticipated load factor energy uses.

(4) Irrigation. Guaranteed annual horsepower charge. (i) For extensions which cost more than can be funded by the Project, the customer shall make a cash payment of the balance of the total cost of the extension. Contracts may provide for a refund of part or all of the customer's contribution for construction of a facility if additional customers are later served from the facility or the contracting customer meets other specified contract conditions. The Project may, by contract, require the customer to advance the entire cost of installing facilities used in rendering service and shall credit the customer's, his successor's or assignee's account with an amount of up to 20% of his monthly kilowatt hour bill at the location during the life of the contract or until the specified amount of the advance has been refunded, but no claim for credit shall extend beyond five years. All extensions and equipment purchased under this provision shall be and remain the property of the Project. Any of these special contracts may require the payment of higher than rate schedule stipulated monthly minimums.

(ii) The project engineer may decline to construct any extension which in his opinion, will be excessive in cost or detrimental to the best interest of the

Project. All extensions when initially energized, shall be and remain the property of the Project.

(c) Construction service, short term service, temporary service and service to individual mobile homes and trailers. The Project will require the customer to pay in advance the estimated cost of connecting, disconnecting, furnishing, installing and removing the facilities required to render such service. After termination of service, there shall be refunded any amount remaining on deposit in excess of the actual cost of installing and removing facilities, plus the unpaid amount of bills for electric power and energy. A deposit may also be required of the estimated bill for electric service, as well as any other deposits specified under § 232.5.

(d) Trailer and mobile home courts. Trailer and mobile home courts which are constructed to meet recognized standards may be provided electric service under the permanent customer extension policy. However, the Project will not construct or participate in the cost of the internal secondary wiring required to serve individual trailers or mobile homes. The Project will be the sole judge as to the number of primary delivery points required by the court to provide satisfactory service to individual users. Metering of the court may be one of two ways:

(1) A master meter can be provided at each delivery point to meter the delivery to the court. The energy from this type of metering shall be billed at the applicable general rate.

(2) Trailers or mobile homes may be supplied and billed through individual meters under the residential rate providing that the court owner provides each site with an adequate secondary service supply, individual metering service entrance panels that meet Project, State and National Electrical Code requirements, and the court owner guarantees payment of minimum bills on vacant stalls.

(e) Underground extensions. Underground line extensions in lieu of overhead extensions will be made only where mutually agreed upon by the Project and the customer. Such agreements shall provide that the customer