SECTION 165:40-3-13. Discontinuance of electric purchase


Latest version.
  • (a)   The cooperative/utility may discontinue electric purchase from a producer for the reasons set forth below, after written notice stating the reason for such discontinuance has been given to the producer:
    (1)   At any time service is discontinued under the terms and conditions of service.
    (2)   If the producer refuses to provide cooperative/utility reasonable access to its equipment upon producer's premises.
    (3)   Violation of any rule, regulation, or order of the Commission or noncompliance with any applicable federal, state, municipal, or other local laws, rules or regulations.
    (4)   Violation of or noncompliance with any approved tariff or these terms and conditions of purchase.
    (5)   Failure of the producer to make application for purchase.
    (6)   Failure of the producer to make application for electric purchase in the true name of the producer for the purpose of avoiding payment of an unpaid obligation for electric service provided.
    (b)   The cooperative/utility may discontinue electric purchase from a producer without advance notice for any of the following reasons:
    (1)   Existence of a dangerous or defective condition of wiring or equipment on producer's premises.
    (2)   Fraudulent use or sale of electricity.
    (3)   Tampering with the cooperative/utility's regulating and measuring equipment or other property.
    (c)   The cooperative/utility may discontinue purchase for nonpayment of a utility bill, net of purchases, in the same manner as for retail electric service.
    (d)   The fact that the cooperative/utility holds a deposit authorized by the terms and conditions of service will not prevent discontinuance of purchase pursuant to this Section.
    (e)   As soon as is practicable, after the condition has been remedied for which the producer's purchase was discontinued, the cooperative/utility shall restore purchase; provided, however, where purchase has been discontinued for fraudulent use or sale of electricity or for tampering with the cooperative/utility's regulating and measuring equipment or other property, the cooperative/utility may refuse to restore purchase until ordered to do so by the Commission.
    (f)   Whenever purchase has been discontinued for fraud or tampering as defined in this Section, the cooperative/utility may charge a reconnection fee of $5.00 during normal working hours and $10.00 during other hours, in addition to any charges under the retail terms and conditions of service. The producer must pay, or make arrangements for paying same, before purchase will be reconnected.
    (g)   Noncancellation of purchase does not waive right to cancel for future breach.
[Source: Amended at 10 Ok Reg 2641, eff 6-25-93]