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2.5. ERMUSR 01-09-2018 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Jennie Nelson—Customer Service Manager MEETING DATE: AGENDA ITEM NUMBER: January 9, 2018 2.5 SUBJECT: Customer Deposit Policy ACTION REQUESTED: Approve the revised Customer Deposit Policy BACKGROUND: The goal of the Customer Deposit Policy is to have measures in place that are consistent with industry standards and minimize the financial risk to the Utility and all customers. DISCUSSION: Staff has been reviewing the current policy and would like to strengthen the verbiage surrounding new accounts. Any new account that is established whether it is from a move, bankruptcy, additional account, etc. is subject to the customer deposit policy and the policy should reflect that. The changes that are proposed are minor and are only being made to remove any gray area. FINANCIAL IMPACT: N/A ATTACHMENTS: • Revised ERMU Policy—A.6—Customer Deposit Policy Page 1 of 1 34 Elk River Municipal Utilities A.6—Customer Deposit Policy 1.0 Policy In order to protect all customers from those customers who default on their accounts, customer accounts may be subject to this deposit with Elk River Municipal Utilities (ERMU). Deposit Required: All residential, commercial and industrial customers of ERMU will be required to submit a deposit in the acceptable form set forth below subject to the exceptions set forth below. In addition, existing customers who have been disconnected by ERMU for non-payment of amounts due shall be required to submit a deposit in addition to all amounts owed before service will be reconnected. Existing customers whothat are moving and establishing a new account or adding an additional account are also subject to the deposit policy. Failure to submit the required deposit at the time of application for commercial accounts, or when due for residential accounts, shall be cause for ERMU to immediately terminate service. Amount of Deposit: Residential Customers: The amount required to be deposited for residential services shall be: $100 for apartments $100 for water and sewer service $150 for electric service $250 for all services Commercial Customers: The amount required to be deposited for commercial and industrial services shall generally be equal to two times ERMU's estimate of the customer's highest monthly utility bill. For commercial and industrial customers on the non-demand rate, the minimum deposit will be $250. For customers on the demand electric rate, the minimum deposit will be $1,000. ERMU may increase or decrease the security deposit based on assessment of risk. 1 35 Form of Deposit: The deposit shall be in the form of a cash deposit or an irrevocable letter of credit. If in the form of an irrevocable letter of credit,the letter of credit shall be renewed at least 30 days prior to its expiration. Failure to renew a letter of credit will result in the letter of credit being drawn on and the cash recovered from the letter of credit being held by ERMU as a cash deposit. If ERMU is not able to draw on the letter of credit,the customer shall submit a cash deposit prior to expiration of the letter of credit. Failure to submit the required deposit shall be cause for immediate termination of service by ERMU. Receipt for Deposit: At the time the deposit is made ERMU will furnish the customer with a written receipt specifying the conditions, if any, the deposit will be diminished upon return. Return of Deposit: Any deposit received by ERMU shall be returned to the customer within 45 days of termination of service,provided that the customer has paid in full all amounts due on the account. If the customer has not paid in full within 30 days of the termination of service,the deposit will be applied to any outstanding amounts owed by the customer to ERMU. If the deposit exceeds the amount due, the balance will be returned to the customer. If the deposit is not sufficient to cover the amount due,the customer shall remain liable to ERMU for the balance and shall pay the balance due within 15 days of notice from ERMU. ERMU reserves the right to use reasonable legal means to collect amounts due. Interest on Deposits: Interest shall be paid on all deposits in excess of$20 at the rate established by Minnesota Statutes. ERMU may, at its option,pay the interest at intervals it chooses, but at least annually, by direct payment or as a credit on the customer's account. Submission of and Exceptions to Deposit Requirement: A. Residential Customers. Residential customers may submit the required deposit at the time service is requested, or have the deposit billed with the customer's first bill for services provided. Failure to pay a deposit when billed shall be cause for ERMU to immediately terminate service. ERMU may, in its discretion, waive the required deposit for residential customers if the customer consents to ERMU's collection of credit history data on the customer, the customer's credit score is above 90 percent probability of non-default, and the customer has no history of disconnection for non payment to ERMU, and no history of late payments to ERMU two times in 12 months. B. Commercial and Industrial Customers. All commercial and industrial customers will complete an application for service that identifies the individual or business entity that will be entering into a service agreement and will pay an application fee per the fee schedule. All commercial and industrial customers shall submit the required deposit and enter into a service agreement 2 36 with ERMU prior to the time service is desired. The service agreement shall be an agreement on the part of the individual or business entity to make payment of all amounts billed by ERMU for electric,water and sewer services, and to be liable for any default or non-payment of amounts billed by ERMU. ERMU may, in its discretion, reduce or increase the required deposit for commercial and industrial customers if a service agreement is executed by the customer, the customer has provided ERMU with sufficient information to allow ERMU to analyze the credit risk of the individual or business entity executing the service agreement, and ERMU, in its sole discretion, determines to reduce or increase the deposit required based on its analysis. Adopted 3/9/2010 Revised 2/14/2012 Revised 6/16/2015 Revised 2/9/2016 Revised 1/9/2018 GP:2740880 v4 3 37