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 twelve (12) month period. (f) Billing demand. The highest 15 minutes 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 supplier.

(Sec. 3.1, 10 BIAM: sec. 2, 49 Stat. 1039; 54 Stat. 422; 5 U.S.C. 301)

[45 FR 54332, July 15, 1980. Redesignated at 47 FR 13327, Mar. 30, 1982]

§ 175.53 Rate Schedule No. 3—Irrigation pumping rate.

(a) Application of schedules. 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 sold.

(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. 2.2 cents per kilowatt-hour; (2) Demand Charge. $2.00 per kilowatt of billing demand; and (3) Minimum Charge. $2.00 per kilowatt of billing demand or contract demand whichever is the greater.

(Sec. 3.1, 10 BIAM: sec. 2, 49 Stat. 1039; 54 Stat. 422; 5 U.S.C. 301)

[45 FR 54332, July 15, 1980. Redesignated at 47 FR 13327, Mar. 30, 1982]

§ 175.54 Rate Schedule No. 4-Street and area lighting.

(a) Application of schedule. This rate schedule applies to service lighting public streets, alleys, thoroughfares, public parks, school yards, industrial areas, parking lots and similar areas

(c) Minimum term of service. The minimum term of service will be twelve (12) months, payable in advance. This advance payment may be waived by the Officer in Charge.

(d) Installation charges. The customer will be required to pay the total installation cost including labor and material as determined by the Officer in Charge. Ownership of all facilities will remain with the Project.

(e) 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.

(Sec. 3.1, 10 BIAM: sec. 2, 49 Stat. 1039; 54 Stat. 422; 5 U.S.C. 301)

[45 FR 54332, July 15, 1980. Redesignated at 47 FR 13327, Mar. 30, 1982]

§ 175.55 Adjustments due to purchased power cost changes.

The rate schedules given in §§ 175.51, 175.52, 175.53 and 175.54 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. Redesignated at 47 FR 13327, Mar. 30, 1982]

SOURCE: 41 FR 1899, Jan. 13, 1976, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.

§ 176.1 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 176, Title 25, Code of Federal Regulations.

§ 176.2 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.

§ 176.3 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.

§ 176.4 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.

§ 176.5 Deposits.

A cash deposit in the amount of approximately twice the monthly bill or a deposit of not less than $30 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 § 176.6c 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 engi

neer.

§ 176.6

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 § 176.5.

(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 will reimburse the Project the estimated cost of the underground facilities over the estimated cost of an equivalent overhead extension. The customer shall also advance any contribution to construction required under the general extension policies for permanent customers (paragraph (a) of this section).

(f) Other deposits. Deposits to guarantee the payment of electric service bills will be in addition to any required above, and in accordance with § 176.5.

§ 176.7 Rights-of-way.

The Project will give every assistance in obtaining rights-of-way. The cost of such rights-of-way may be assessed the customer if extension or relocation is for his benefit, however, the end responsibility of obtaining needed rights-of-way will rest with the applicant.

§ 176.8 Type of service.

Service for lights and the usual domestic and other appliances, including motors of less than five horsepower shall be single-phase, nominally 120 or 240 volts, and two- or three-wire, except when special written approval for another type of service has been obtained from the project engineer. Three-phase service at suitable voltage may be furnished for motor installations of five horsepower and over, provided a three-phase circuit of the required voltage and capacity is avail

(a) The consumer shall provide and maintain a service entrance with a meter socket and mainline breaker or distribution center complete with all necessary wires. This shall be located convenient to the lines of the Project and unless otherwise specified, on the outside of the building or on a service pole so that the meter socket is not more than 5'9′′ plus or minus 6", from the ground or floor. When prior approval by the project engineer has been obtained, meters may be mounted on approved service pedestals. The meter will be furnished by the Project and must be accessible to the meter reader at all times. The entire service installation must be satisfactory to the project engineer and must conform to the provisions then in force of the National Electrical Code of the National Board of Fire Underwriters for Electric Wiring and Apparatus. When an inspection is required by law or ordinance, the project engineer shall require a certificate of inspection and approval by the inspector before connecting a new service.

(b) The customer shall install, own and maintain all wiring and equipment beyond the point of delivery except meters and special facilities installed or furnished by the Project. If instrument transformers are required the customer shall furnish and install mounting brackets; install the instrument transformers, provide a suitable enclosure and all necessary conduit and wiring for metering as specified by the Project. It shall be the customer's responsibility to provide suitable protective equipment to adequately protect his installation.

§ 176.10 Metering.

(a) Project shall furnish the meter, and customer shall provide and maintain free of expense to the Project an unobstructed location satisfactory to Project in accordance with § 176.9. In the case of new installations in multiple-occupancy buildings such as apartment houses in connection with which more than one meter in a building is required, the meters shall be assem

bled at one central location, or in such other areas and with such other arrangements as may be approved by the project engineer. Each meter shall be clearly marked so as to make it possible to identify the consumer.

(b) Customer's responsibility. Customer shall exercise reasonable care in protecting Project's meter and other Project owned equipment located on his premises. Only Project employees or agents, or persons authorized by law are permitted to inspect or handle

same.

(c) Final connection. Final connection of the meter shall in all cases be made by the Project.

(d) Meters sealed. All meters shall be sealed by the Project. The breaking of seal by unauthorized persons or tampering with meter or meter wiring is prohibited by law and is subject to summarily discontinuance of service.

(e) Schedule of meter tests. Project shall test its meters in accordance with the following procedure:

(1) Self contained single phase watthour meters.

(i) New meters: All meters received from a manufacturer will be tested for accuracy and inspection for mechanical defects.

(ii) Meters in service: A sample of up to 10% of meters in service will be selected each year for testing.

(2) Polyphase watt-hour meters, meters used with instrument transformers and demand meters.

(i) New meters: All meters received from a manufacturer will be tested for accuracy and inspected for mechanical defects.

(ii) Meters in service: A sample of up to 20% of all such meters will be tested each year.

(f) Special meter tests. On request of customer, Project shall, within 10 days after receipt of such request, make special meter tests. Customer shall bear the cost of such tests, including meter removal and replacement when the meter is found to be within the limits of acceptable accuracy as defined in paragraph (h) of this section. In all other cases Project will bear the cost of the test.

(g) Replacement of meter. Whenever a customer requests the replacement of the service meter because of accura