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5.5. ERMUSR 09-09-2014 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. —General Manager John Dietz, Chair Al Nadeau, Vice Chair Daryl Thompson, Trustee MEETING DATE: AGENDA ITEM NUMBER: September 9, 2014 5.5 SUBJECT: Access to Private Property BACKGROUND: At the August 12th Commission meeting during a request from a customer for a special arrangement for repayment of past due charges,the customer voiced his concern for ERMU personnel having entered his private property for access to ERMU equipment. Commissioner Daryl Thompson stated that he shared the customer's concern for ERMU personnel entering onto private property and requested the topic be added to the next Commission meeting agenda. DISCUSSION: It has only been a few years since ERMU has converted to an automatic meter reading(AMR) system. Until that point ERMU employed and contracted meter reading personnel to physically read the thousands of meters in our system. This required the meter reader to walk up to each meter and manually record the usage on the electric meter and the externally located water meter remote register. The meters are typically located on or in the building, which required the meter readers to access private property thousands of times every month. It had not been the practice to provide advanced notice to thousands of customers every month prior to reading the meters. The permission for this access was established through past City Council's adoption of ordinances authorizing the Utilities Commission to adopt rules for the safe and reliable operation of the utilities system and then through the subsequent Utilities Commission adoption of those rules. The current operational practices of ERMU personnel conform to the Commission adopted rules. Also, to connect to ERMU's water or electric system, customers need to follow standards for meter locations and allow access for meter reading and maintenance. For example, residential electric meters are required to be located near the front corner of the house on the side nearest to the electric transformer or pedestal. The intention for this requirement is to reduce cost and simplify access. With the recent conversion to AMR and the implementation of a mobile reading system, ERMU personnel can now read nearly all of our system's meters by driving down the street. Our adoption of this newer technology and implementation of the mobile reader is more advanced than most utilities in Minnesota. For example, our neighboring utility Connexus Energy, with rOlIEREO Rr Page 1 of 3 ATURE Reliable Public Power Provider P O W E R E D To S R e 51 over 125,000 meters, has not converted to this same type of technology and still employee meter readers to physically access private property on a monthly basis to read meters. Most utilities still physically access private property to read the meters on a monthly basis. This transition to remote meter reading has greatly reduced the frequency at which ERMU personnel requires access to private property to perform work on ERMU owned equipment. However, this does not change the National Electric Safety Code(NESC)requirements for physical inspection and routine maintenance of electrical equipment. Even with the remote meter reading, ERMU will always be required by code to have access to the equipment that ERMU owns and is liable for it even if it is located on private property. Customers that have lived on the ERMU system for fewer than 5 years may have never experienced the monthly meter reading,which is industry standard, and potentially could be concerned if they see ERMU personnel on their property. Even some that have lived on our system for 10 years may have been in an area that was part of an early implementation of the remote meter reading system. Because of this potential for little exposure of ERMU having to access private property, ERMU has long used door hanging notices and more recently utilized an automated phone dialer to proactively communicate to customers when access to private property is required. Forepersons often go door to door prior to work being conducted to proactively inform customers. ERMU practice has been to provide notification of access to private property in advance when applicable. There are times when advanced notice is not given. For example, during electric outages or emergencies, it is the priority of ERMU to safely restore utility services as quickly as possible which often does not allow for time for door hanger notices or phone calls to be effective. There are also times when notice is not given prior to access because of safety concerns for ERMU employees. For example, during service disconnections due to non-payment, metering failures, or suspected meter tampering, ERMU personnel performs the work prior to notice. In these situations history indicates the potential for hostile or irate customers. It has been ERMU practice to not put field employees in dangerous situations regarding issues that the field employees are not able to directly resolve. These issues typically need to be resolved by office personnel or management. Occasionally these issues escalate over time, in particular when related to disconnection for non-payment. For these known hazardous situations, the Elk River Police Department will send a squad out with the ERMU personnel. In order to meet our mission of providing safe and reliable utility services,there are times when access to private property is required even though the trend is that the frequency will be substantially reduced. The intent of past Council's and past Commission's adoption of those ordinances and rules was to ensure ERMU achieve their mission to provide safe and reliable utility services while also protecting the safety of ERMU's employees. However, with the evolution of the utility industry technologies and the changing demographics and expectation of our customers, periodic evaluation of our policies and procedures is critical for our long term sustainability. It is good governance for policy makers to periodically evaluate existing rules and regulations to ensure the organization and people they represent are protected and that policies move the organization in the direction established by thoughtful strategic planning. One discussion point the Commission may consider is access to ERMU equipment POWERED BY r$ Page 2 of 3NATV RE Reliable Public Power Provider P O W E R E D T o S E R V E 52 located on private property behind a locked gate. Should ERMU require customers who have installed gates that restrict access to ERMU equipment to relocate the equipment at their cost? ACTION REQUESTED: Staff requests Commission discussion and direction through policy regarding access to private property while maintaining code requirements and consideration for employee safety. ATTACHMENTS: • City of Elk River Ordinances regarding authorities of the Utilities Commission to create rules and regulations for safe and reliable operation. • ERMU Policies regarding access to ERMU equipment and meters on private property. • Excerpts from the 2011 NESC regarding required inspections of equipment. • Examples of ERMU door hanging notices used in the past. ■\n POWERED BY Page 3 of 3 NATURE Reliable Public Power Provider P O W E R E D To S ER V E 53 Municode Page 1 of 1 Sec. 78-312. Rules and regulations. ERMU shall have the authority to adopt such rules and regulations for operation and use of the electric system as it shall deem appropriate. Such rules and regulations shall be valid and enforceable, to the extent they are consistent with other law, including this Code. (Ord. No. 10-18, § 1, 10-11-2010) https://library.municode.com/print.aspx?h=&clientM=13427&HTMRequest=https%3 a%2... 8/25/2014 Municode Page 1 of 1 Sec. 78-12. Rules and regulations. ERMU shall have the authority to adopt such rules and regulations for operation and use of the water system as it shall deem appropriate. Such rules and regulations shall be valid and enforceable, to the extent they are consistent with other law, including this Code. (Ord. No. 09-02, § 1, 3-2-2009) https://library.municode.com/print.aspx?h=&clientIi3=13427&HTMRequest=https%3 a%2... 8/25/2014 ELECTRIC RULES ELECTRICAL REGULATIONS GENERAL All electrical wiring, apparatus, and equipment for electric light, heat, and power, shall comply with rules and regulations of the Elk River Municipal Utilities, and the latest edition of the National Electric Code. This includes compliance with the Railroad and Warehouse Commission, the Commissioner of Insurance, or the Industrial Commission, as applicable, the Minnesota Building Code and any other code as adopted by a governmental agency applicable to safe and adequate electric wiring and installation of equipment. Deviations from the regulations may be made only at the discretion, and with the approval of, the General Manager or Supervisor of Distribution, Elk River Municipal Utilities. PURPOSE The primary purpose of these regulations is the practical safeguarding of persons, of buildings and their contents from hazards arising from the use of electricity for light, heat, power, radio and television signaling, and other safeguards to life and property. The City of Elk River has adopted the current National Electric Code Standards of the National Board of Fire Underwriters as approved by the American Standards Association as minimum requirements for electrical wiring and installations. Other requirements, as may be adopted by the Utilities Commission, are included herein and shall be complied with by all licensed electricians working within the jurisdiction of the Elk River Municipal Utilities service area. The Elk River Municipal Utilities operates under the National Electric Safety Code. ACCESS The Utility shall have access at all reasonable hours to meters, service connections and other property owned by it which may be located on customer's property. Access shall be provided for purposes of installation, maintenance, reading, checking or removal if necessary. Failure to provide access shall result in termination of service until it has been provided. It shall also be a requirement that the electric meter shall be located outside the building before service will be restored. SERVICE CONTINUITY The Utility will do all it can, when practical, to supply continuous service to its customers. It does not assume direct liability for loss or damage to persons or property due to its service, or as a result of failure of the service, interruptions, or variation because of an act of God, strikes, or any causes beyond the Utility's control. The Utility reserves the right to curtail or temporarily interrupt the customer's electrical service, when necessary, to make repairs, and replacement changes to the Utility's facilities, either on or off the customer's premises, or during emergencies, when power may not be available on a short term basis. 4 56 The Elk River Municipal Utilities reserves the right to place a seal on any meter or stop cock and it shall be unlawful to break the seal so placed on any meter or stop cock. METER ACCESS For the purpose of reading, checking meters, or enforcement of Utilities Rules and Regulations, duly authorized employees of the Elk River Municipal Utilities may legally enter upon any premises and have access to the meters at any reasonable time. The meter shall not be enclosed in any enclosure which cannot readily be removed by the owner when it becomes necessary to remove the meter for repair, maintenance, or routine testing. METER ERRORS The quantity of water recorded by the meter shall be conclusive evidence on both the Elk River Municipal Utilities and the consumer as to the quantity used for figuring the cost to the consumer, except when the meter has been found to be defective or has ceased to register. In such case, the quantity of water shall be determined by the average daily registration as shown by the meter readings during the past year. FAILURE TO READ METERS Where the Utilities are unable to read a meter, an estimated average charge will be applied and the difference adjusted when the meter is again read. However, after two successive attempts to read the meter, arrangements will be made with the customer to gain access to the meter for reading. No estimated billings shall go beyond a three (3) month period. WATER LEAKS The Utilities will not be responsible for water loss due to a leak on the customer's premises or through the plumbing, as the customer is responsible for keeping his own plumbing in repair. METER TESTING POLICY On complaints concerning high bills, and where a meter check is indicated, the Utility will test the meter using calibration equipment under generally accepted industry procedure. If a customer requests the removal and testing of his/her water meter because of high bills, they shall deposit with the Utility the sum of$50.00 for this test and it shall be paid prior to removing the meter for testing. If the meter is found to be accurate within plus or minus three percent (3%), the fee will be retained by the Utility. If the meter is found to be in error beyond these limits, the Utility will bear the cost of testing and return the$50.00 fee and adjust the customer's bill in the amount of the error for the past six (6) month period. 109 FIRE SERVICE REQUEST FOR SERVICE Services which are to be used exclusively for supplying water for fire protection will be granted by the General Manager where, in his judgment, special protection may be necessary, provided the following conditions are complied with. Application must be made by the owner of the premises to be served, or his legal representative; the owner must comply with all rules and regulations of the Elk River Municipal Utilities which apply, and save the Elk River Municipal Utilities and the City of Elk River free and harmless from all damages which may be occasioned by or on account of the service rendered. The applicant must also furnish with the application a complete and correct drawing or set of drawings showing the location of the premises to be supplied, together with location of all valves, pipes, hydrants, 13 57 210 Part 2:Safety Rules for Overhead Lines 214A5a Section 21. General requirements 210. Referenced sections The Introduction (Section 1), Definitions (Section 2), References (Section 3), and Grounding methods(Section 9)shall apply to the requirements of Part 2. `l' 211. Number 211 not used in this edition. 212. Induced voltages ‘Iv Rules covering supply-line influence and communication-line susceptiveness have not been detailed in this Code. Cooperative procedures are recommended in the control of voltages induced from proximate facilities.Therefore,reasonable advance notice should be given to owners or operators of other proximate facilities that may be adversely affected by new construction or changes in existing facilities. NOTE: Additional information about supply-line influence and communication-line susceptiveness may be obtained from IEEE Std 77671-1992[B41]and IEEE Std 1137T41991 [B53]. 213. Accessibility All parts that must be examined or adjusted during operation shall be arranged so as to be accessible to authorized persons by the provision of adequate climbing spaces,working spaces,working facili- ties,and clearances between conductors. Inspection and tests of lines and equipment A. When in service 1. Initial compliance with rules Lines and equipment shall comply with these safety rules when placed in service. %{ 2. Inspection Lines and equipment shall be inspected at such intervals as experience has shown to be necessary. NOTE: It is recognized that inspections may be performed in a separate operation or while performing other duties,as desired. 3. Tests �", When considered necessary, lines and equipment shall be subjected to practical tests to deter- mine required maintenance. r%4 4. Inspection records Any conditions or defects affecting compliance with this Code revealed by inspection or tests, 7!1 if not promptly corrected, shall be recorded; such records shall be maintained until the conditions or defects are corrected. /' 5. Corrections a. Lines and equipment with recorded conditions or defects that would reasonably be expected to endanger life or property shall be promptly corrected, disconnected, or isolated. 74 Copyright©2011 IEEE.All rights reserved. 58 310 Part 3:Safety Rules for Underground Lines 313A5b Section 31. yAA, General requirements applying to underground lines 310. Referenced sections \lA The Introduction(Section 1),Definitions(Section 2),List of referenced documents(Section 3),and Grounding methods(Section 9)of this Code shall apply to the requirements of Part 3. 311. Installation and maintenance A. Persons responsible for underground facilities shall be able to indicate the location of their facilities. B. Reasonable advance notice should be given to owners or operators of other proximate facilities that may be adversely affected by new construction or changes in existing facilities. C. For emergency installations,supply and communication cables may be laid directly on grade if they are guarded or otherwise located so that they do not unduly obstruct pedestrian or vehicular traffic and are appropriately marked. Supply cables operating above 600 V shall meet either Rule 230C or 350B. 312. Accessibility All parts that must be examined or adjusted during operation shall be arranged so as to be accessible 4)- to authorized persons by the provision of adequate working spaces, working facilities, and clearances. /!1- 313. Inspection and tests of lines and equipment A. When in service 1. Initial compliance with safety rules Lines and equipment shall comply with these safety rules upon being placed in service. !' 2. Inspection : Accessible lines and equipment shall be inspected by the responsible party at such intervals as experience has shown to be necessary. i1 3. Tests When considered necessary, lines and equipment shall be subjected to practical tests to /?; determine required maintenance. 4. Inspection records Any conditions or defects affecting compliance with this Code revealed by inspection or tests, if not promptly corrected, shall be recorded; such records shall be maintained until the % conditions or defects are corrected. 5. Corrections I a. Lines and equipment with recorded conditions or defects that would reasonably be expected to endanger life or property shall be promptly corrected, disconnected, or isolated. b. Other conditions or defects shall be designated for correction. 234. Copyright©2011 IEEE.All rights reserved. 59 rf ._ - - Deal' l lolly t.iip ) The FA River Municipal UttlitiLL ' " ;t; ,•desires It) provide its customers with Salt �.. ' ', SS .aw c{)5t effective, reliable electric. service. To .' .• . i{„r ��,_�..►,- r maintain a safe and reliable underground '�"� �;' electrical system. we need to get into and - _ _ , around the electrical equipment located in - . A/ i i_ w . •S�' �r� r. utility casements on your 'ard :A� �i We ask that = _� i t7,, �;. aal vuu t- land- - -'-, � .'�`" _�. i t,;,.r scat 1i aro - y!- �1t to �_ _ - tip. ,- accommodate - :b - niettt5 ii " - - .. = _ - - 11' you 6. -, n 'Y- -pull, - = in place and the la Is damaged WE - O WORK SAFELY during the normal course of maintenance. ON T '_ y * VICE. the Utilities is not responsible for the PLEASE KEEP SHRUBS AND replacement. STRUCTURES 10 FEET AWAY If you have any questions please call ', . FROM THE SIDE WITH DOORS 4,11-2020 ur 4141-22(2 and ask for G[enn AND 3 FEET FROM OTHER SIDES. r OBSTRUCTION MAY BE DAMAGED Suncieen, Line Superintendent of Wade OR REMOVED DURING SERVICE I.ovelette, Line Foreman. We thank you for RESTORATION OR MAINTENANCE. your understanding and cooperation. -lc, Elk River\j ■13' Municipal Utilities Reliable Public Power Provider Sorry To Have Missed You- Your Trees Could Cause A Power Outage Dear Customer, During the past years, many of the electrical outages in the Elk River area have been attributed to inference between electrical distribution lines and the trees around them.These electrical outages can be very disturbing to our customers,as some of you may have experienced. Many of these outages can be avoided if the trees around these electrical lines are properly trimmed. Elk River Municipal Utilities or our contractors will be doing tree trimming,at no cost to you,around the lines.They are only authorized to trim the branches that could interfere with the electrical lines. We apologize for any inconvenience this may cause you as we are just trying to minimize the electrical outages to our customers. If you desire to have the logs from your tree,let the trimmers know and they will leave them for you. If you have any questions,please call us at 763-441- 2020. Contact Name 61 Elk River Municipal Utilities 13069 Orono Parkway P.O. Box 430 Elk River, MN 55330-0430 763-441-2020 "IMPORTANT" SCHEDULED ELECTRIC OUTAGE Date: Time: Contact Person: Thank You! 62 Elk River Municipal Utilities Dear Elk River Municipal Utilities Customer, We will be doing some electrical work in your area in the near future. ❑ New Underground Service ❑ New Underground Electrical Work ❑ Other If you have any questions, please call 763-441-2212 or If we do not hear from you we will presume that it is okay to proceed with our work. 63 IMPORTANT WATER TURN OFF TODAY Dear Resident: Necessary water main repairs will be made on a.m. a.m. between P.4». and P.m. Unless there are complications, water service will be on after these hours. You may wish to store some drinking water for this period. Your water may be rusty for a short time following this work. Please check the color of the water before washing clothes. Thank you for your cooperation. WATER DEPARTMENT Elk River Municipal Utilities 441-2020 64 4 lk River M-LI111(`1 lal un.iti n F (Lute inch r =_ 5° _ = t- � �1c River M it o) cps 763-441.2O2t) 65 k of replacing electric and water meters at our customer's homes. The new meteis will b_ radio read meters making them more eff dent to read by our meter readers withou having to approach the home, - ' Water meters are generally locate. n t basement. This procedure requires us to enter your home, We know this is an - inconvenience to you, but we do ask t; you call and arrange a day or evenin appointment as soon as possible to at o 0-1 to change your water meter. - Please contact our office between 8760 a.m._: and 4:30 p.m. at 763-441-202U ui by e-mail t' at: ahauge@elkriverutilities.com to schedule your appointment, preferably betw =e a-. hours of 7:30 a.m. and 3:0+1 p.m. ,, Please set up an appointment br ..,_ Thank you! Elk Rivers ,o,, � Municipal Utilitie 13069 Orono Parkway. P.O. Box 430 Elk River, MN 55330-0430- Elk River Municipal Utilities requires access to your water meter to ensure that it is working properly. Failure to contact us prior to the given deadline will result in your water being turned off. There is a $100.00 fee for water turn-ons once the water has been turned off. Please promptly respond to this notice by: Please contact our office between 8:00 AM & 4:30 PM at 763.441.2020 to schedule your water meter check. Thank you! Elk River Municipal Utilities 67 Paid Leave Donation With the written consent of the Utilities's General Manager or Finance and Office Manager, employees wishing to do so may voluntarily donate accrued paid leave time that is presently available for use by the donor employee to a co-worker who is experiencing a medical emergency in the form of a major or catastrophic life event necessitating time off from work for which the receiving employee has insufficient paid time off available. Examples of such a life event include, but are not limited to, a heart attack, stroke, organ transplant, or other medical condition of the employee or a family member for whose care the employee bears substantial responsibility. An employee will be eligible to receive donated paid sick leave only if the following conditions are satisfied: 1. The receiving employee must submit a request for paid leave donation in the form prescribed by the Utilities. 2. The receiving employee's request for leave must be based on medical need to be absent from the workplace that is supported by documentation from a health care provider. 3. There is a reasonable expectation based on a treating provider's documentation that the receiving employee will return to work within a reasonable time following any leave of absence unless the employee qualifies for long term disability insurance benefits. 4. The receiving employee is currently eligible to accrue sick leave under the Utilities's policies. 5. The receiving employee has exhausted all of the employee's own paid leave time including all sick, vacation, compensatory, and other paid time. 6. The sick leave taken by the receiving employee will not be subject to income replacement by disability or workers compensation insurance. The following additional conditions apply to leave donation under this policy: 1. The total amount of paid leave donated to any individual employee in any rolling twelve month period measured backward from the employee's most recent request for leave donation may not exceed 240 hours. 2. Donation of paid leave is permanent and final and cannot be rescinded. Donated paid leave may not be transferred back to the donor under any circumstances. If the donated paid leave is not use by the receiving employee it is forfeited by all parties. 3. Donated leave paid leave time may be used by the receiving employee only for purposes of the leave necessitated by the catastrophic life event supporting leave donation under this policy. 4. Donated paid leave may be used by the receiving employee only for work time actually and necessarily missed due to the leave taken for the purpose set forth in the leave request submitted under this policy, and for no other purpose. 5. Donated paid leave may be used by the receiving employee only to replace the employee's normal work hours lost, up to a maximum of the receiving employee's FTE (measured as of the date on which the leave begins). 6. Donated paid leave must be used by the receiving employee concurrently with any applicable unpaid leave available to the receiving employee. 7. Donated paid leave must be used during the leave taken for the purpose submitted in the leave request under this policy. 8. Donated paid leave not used the leave as described in No. 7, above, will be forfeited by the recipient. 9. All donations must be made in increments of eight(8)hours. An employee may donate up to sixteen(16)hours of paid time(in the form of either: i) eight hours of sick and eight hours of vacation time; or ii) sixteen hours of vacation time) per recipient per year. 10. The donor employee must complete a leave donation form prescribed by the Utilities in order to donate paid leave. 11. When used by the receiving employee, donated paid leave will be paid at the receiving employee's current rate of pay. 12. The donation of paid leave time will permanently decrease the amount of accrued unused paid leave in the donor's paid leave account(s) and thereafter will not be counted or used by the donor or the Utilities for any purpose. For the avoidance of doubt, this means, among other things, that donated paid leave time does not qualify to be counted as unpaid sick leave for purposes of any severance pay calculation. 13. The Utilities will treat the identity of donor employees under this policy as private and confidential information. 14. This policy applies on a prorated basis to part-time employees eligible to accrue and receive paid leave time. GP:3750001 v5