customer any amount found to have been collected in excess of the proper amount, or the Project may require the customer to pay any additional amount due, as the case may be.

(j) Incorrect meter installation. Whenever any customer shall have been over-charged or under-charged as a result of incorrect installation of a meter or the use of an incorrect meter multiplier in billing the account, the amount of the over-charge shall be adjusted and credited to the customer if in excess of $1.00 or the amount of the under-charge may be adjusted and billed to the customer if in excess of $5.00, provided that in no event shall such period of adjustment exceed the length of time the service has been supplied to the customer through the incorrect metering installation at the present location.

(k) Non-registering meter. When a meter fails to register for any period, for reasons beyond the reasonable control of the Project, the Project may estimate the charge for service during such period, such estimate to be based on the best available data.

[42 FR 13822, Mar. 14, 1977]

§ 233.13 Consumer responsibility.

The consumer shall furnish, install and maintain at his own risk and expense in good and safe condition all protective devices, electric wires, lines, machinery, apparatus, and appliances which may be required or used for receiving and consuming electric energy obtained from the Project. The consumer shall be responsible for conforming to the regulations of the National Board of Fire Underwriters and to any other regulations applicable to his installation.

§ 233.14 Change of equipment.

In the event that a consumer proposes to make any material change in the amount, size or character of the electrical equipment installed on his premises, he shall immediately give written notice of his intention to the Project Engineer.

[42 FR 13822, Mar. 14, 1977]

§ 233.15 Apparatus detrimental to service.

The Project Engineer may refuse to supply loads of a character detrimental to the system, or to service to other consumers, and he may require the installation of suitable corrective devices.

§ 233.16 Motor starting equipment.

Motors having a rated capacity of three horsepower or more shall be provided with such starting and overload equipment as may be required by the Project Engineer.In no case will the Project Engineer approve "across the line staring" of motors larger than 150 horsepower.

§ 233.17 Service discontinued.

The Project Engineer may discontinue electric service to any consumer who shall continue to use appliances or apparatus detrimental to the Electric Power System after he has been notified to correct the condition and has failed to do so within a reasonable time. The Project Engineer may also discontinue service for failure of the consumer to comply with any of the provisions of this part.

[42 FR 13822, Mar. 14, 1977]

§ 233.18 Bills for service.

Meters will normally be read and bills for electric service will be rendered at regular intervals. Payments by consumers should be made in person or remitted by check or money order, payable to the order of the Treasurer of the United States, and mailed to the designated office of the Project.

§ 233.19 Special bills.

Special bills, removal bills, bills for temporary service, bills rendered when premises are vacated or bills rendered to persons discontinuing services are due on representation.

§ 233.20 Connect, reconnect, and accounting charges.

A nonrefundable service establishment fee of $10.00 will be charged each time the Project is requested to establish or reestablish electric service to the customer's delivery point. The

Bills for electric service will be delinquent if not paid on or before the tenth day following the date of issue of a bill showing arrears. When such delinquency occurs, the Project enginer shall discontinue service and service shall not be restored until the consumer has paid all bills then due plus a reconnection charge of $12.50 and has made the deposit required under § 233.5. (Discontinuance of service for delinquency shall not relieve the consumer of liability for minimum monthly payments guaranteed by him under his contract.)

[42 FR 13822, Mar. 14, 1977]

§ 233.22 Discontinuance by consumer.

Notice of his desire to have service disconnected shall be given by the consumer at least two days in advance. In the absence of such notice the consumer will be held liable for payment of all electrical energy furnished to such vacated premises until service is discontinued. Final bills may be paid by application of the consumer's guarantee deposit to the extent that they are covered thereby. Any surplus remaining in the deposit will be returned to the consumer after the contract is terminated. Where the deposit is insufficient, the consumer will be billed for the difference which shall be immediately due and payable.

§ 233.23 Fraud; tampering.

Service shall be discontinued by any consumer, or to any premises at any time when, in the opinion of the Project Engineer, such action is necessary to protect against abuse, fraud, or theft. Tampering or in any way interfering with meters, transformers,

poles, conductors, or any part of the property of the Project is prohibited and is subject to prosecution pursuant to law.

§ 233.24 Compensation of employees.

All employees are strictly forbidden to demand or accept any personal compensation for services rendered to a consumer, or any gratuity by reason of rendition of services.

§ 233.25 Hardship cases.

The Project Engineer may relax temporarily strict enforcement of a regulation when in his judgment such enforcement would work undue hardship upon a consumer.

[42 FR 13822, Mar. 14, 1977]

§ 233.26 Interruptions to service.

(a) The United States will furnish energy continuously so far as reason. able diligence will permit. But the United States, its officers, agents or employees, assume no liability for damages due to interruptions of serv ice to the consumer.

(b) If the customer's service fails, he shall endeavor to determine if he has blown fuses, tripped breaker, or his equipment is at fault before calling the Project. The customer may be charged the cost of the service call if the trouble is found to be caused by his equipment or actions.

[42 FR 13822, Mar. 14, 1977]

§ 233.27 Contingent upon appropriations.

All contracts are subject to appropri ations made by Congress from year to year of monies sufficient to perform the work or render the service provided therein. No liability shall accrue against the United States by reason of the lack of appropriations.

§ 233.51 Rate Schedule No. 1-Residential Rate.

(a) Application of Schedule. This schedule is applicable to single phase or three-phase service for residences and small, noncommercial users. Unless specifically permitted by the contract, use must be limited to the consumer's own premises and power supplied must not be resold. If more

than one meter is required by the customer's installation or for the customer's convenience, bills will be independently calculated for each meter.

(b) Monthly rate. (1) $5.50, which includes the use of 50 kilowatt hours.

(2) 6.1 cents per kilowatt for the next 100 kilowatt hours.

(3) 3.7 cents per kilowatt hour for the next 350 kilowatt hours.

(4) 1.8 cents per kilowatt hour for all additional kilowatt hours.

(c) Minimum bill. The minimum bill shall be $5.50 per mcnth except when a higher minimum bill is stipulated in the contract.

(d) Purchase power adjustment. An adjustment shall be added to each KWH used equal to the estimated average purchased power adjustment (rounded to the nearest $.0001) paid by the Project to Project's power suppliers.

[42 FR 13823, Mar. 14, 1977]

§ 233.52 Rate Schedule No. 2-General rate.

(a) This schedule is applicable to single phase or three-phase electric service for all purposes except residences and small, non-commercial users. Unless specifically permitted by the contract, use must be limited to the consumer's premises and the power supplied must not be resold. If more than one meter is required by the customer's installation, or for the customer's convenience, bills will be independently

meter.

calculated for each

(b) Monthly rate. (1) First 50 kilowatt hours, five dollars and fifty cents. (2) 6.1 cents per kilowatt hour for the next 350 kilowatt hours.

(3) 3.7 cents per kilowatt hour for the next 600 kilowatt hours.

(4) 2.0 cents per kilowatt hour for the next 9,000 kilowatt hours.

(5) When use is 10,000 kilowatt hours or more: First 10,000 kilowatt hours $229.05.

(6) Additional kilowatt hours at 2.0 cents per kilowatt hour, less a credit of 0.4 cents per kilowatt hour for each kilowatt hour above 200 times the billing demand (50 KW min.).

(c) Minimum bill. The minimum bill shall be $1.00 per month per kilowatt of billing demand, except where the

customers 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 times the highest monthly minimum computed for the same twelve month period. However, no monthly billing shall be less than $5.50.

(d) Contract demand. Each contract for 50 KW or over shall state the number of kilowatts which the customer expects to require and desires to have reserved for his service. This quantity is called the contract demand.

(e) Actual demand. The actual demand for any month shall be the average amount of power used during the period of 15 consecutive minutes when such average is the greatest for the month as determined by suitable meters, or, if meters are unavailable, the actual demand shall be connected load or such portion of the connected load as the Project Engineer may determine to be appropriate based on available information as to the customers use of connected lights, appliances, and equipment, or from check metering.

(f) Billing demand. The billing demand for a month shall be the contract demand or the actual demand for the month, whichever is greater.

(g) Fuel adjustment. An adjustment shall be added to each KWH used equal to the estimated average purchase power adjustment (rounded to the nearest $.0001) paid by the Project to the Project's power suppliers. [42 FR 13823, Mar. 14, 1977]

§ 233.53 Rate Schedule No. 3-Street and Area Lighting.

(a) Application. This rate schedule applies to service for yard lighting, lighting streets, alleys, thoroughfares, parks, schoolyards, industrial areas, parking lots, and similar areas where dusk-to-dawn service is desired. The Project, will own and operate the lighting system and provide normal lamp replacement. Other maintenance and repairs shall be made at customer's expense.

As used in this Part 242, terms shall have the meanings set forth in this section.

(a) "Secretary" means the Secretary of the Interior or his authorized representative.

(b) "Commissioner" means the Commissioner of Indian Affairs.

(c) "Director" means the Area Director, Bureau of Indian Affairs, Sacramento Area Office, Sacramento, Calif., or his authorized representative.

(d) "Adult Indian" means any Indian who is an adult under the laws of the State in which he is domiciled.

(e) "Distributee" means any Indian who is entitled to receive any assets of a rancheria or reservation under a plan prepared and approved pursuant

to section 2 of the Act of August 18, 1958 (72 Stat. 619), as amended by the Act of August 11, 1964 (78 Stat. 390).

(f) "Dependent members," as used in the phrase "dependent members of their immediate families," means all persons of Indian descent not sharing directly in the distribution of rancheria or reservation assets who: (1) Are related to the distributee by blood or adoption or by marriage, including common law or Indian custom marriage; (2) are domiciled in the household of the distributee; (3) are not members of any other tribe or band of Indians; and (4) receive more than one-half of their support from such distributee or for whose support a distributee is legally liable according to the laws of the State in which he is domiciled.

(g) "Formal assignment" means any privilege of use and/or occupancy of the real property of a rancheria or reservation which is evidenced by an instrument in writing.

(h) "Informal assignment" means any privilege of use and/or occupancy of the real property of a rancheria or reservation, not based on an instrument in writing.

(i) "Organized rancheria or reservation" means any tribe, band, or community of Indians conducting its affairs pursuant to an organic document containing membership criteria approved by the Secretary.

(j) "Unorganized rancheria or reservation" means any tribe, band, or community of Indians which does not have an organic document containing membership criteria approved by the Secretary.

§ 242.3 Requests for distribution.

(a) Unorganized rancheria or reservation. Upon receipt of a written request from an adult Indian or Indians of an unorganized rancheria or reservation for the distribution of the assets of the rancheria or reservation,