calendar month, which begins after June 30, 1949. The regulations in this part are subject to change by the proper authority and such changes shall apply to all contracts then and thereafter in effect.

§ 232.2 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.

§ 232.3 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.

§ 232.4 Applications; contracts.

In order to contract for the delivery of power, a written application for service under existing regulations accompanied by the required cash deposit and guarantees of the required minimum revenues to the project, shall be filed with the project engineer. Upon acceptance by him, the application will become a contract. In general, such application will be accepted where service lines exist. When special terms and conditions are involved in contracting for service, the project engineer shall require the execution of a form of contract in which such terms and conditions are fully set

A cash deposit in an amount equal to twice the estimated monthly bill, but in no case less than $5.00, will be required from each applicant except that when the premises to be serviced are owned by the applicant, no deposit shall be required until a delinquency in the payment of a bill has occurred. Any cash deposit, less the amount of any unpaid bills, shall be refunded after the termination of service. Before extensions are constructed each applicant must deposit an amount sufficient to cover his portion of the required minimum charges for a period of one year, or must otherwise establish his credit and satisfy the project engineer of his intention to take service and his ability to meet the guarantees.

§ 232.6 Extensions.

(a) The length of an extension constructed for each dollar of monthly revenue guaranteed to the project shall not exceed the following:

con

(b) The length of an extension shall include the horizontal length of both the primary and secondary circuits exclusive of the service drops. In so far as practicable, all extensions shall be structed along established highways. The prospective consumer or consumers, shall furnish or procure satisfactory rights-of-way necessary for the lines and other facilities of the project incidental to the furnishing of service. 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, or for which funds are not available. All extensions when constructed shall be and remain the property of the United States.

If funds, material, or labor are not otherwise available, or if an extension to a prospective consumer will require new construction beyond the distances, specified in § 232.6, the prospective consumer may, after executing an appropriate contract satisfactory to the project engineer, construct the needed extension. Such extensions shall be built in accordance with suitable plans and specifications approved by the project engineer. The contract may provide that part or all of the cost of the extension shall be refunded to the conusmer by allowing him a monthly credit equal to 20 percent of the bill for each month, during the life of the contract or until the specified amount be refunded in full, but no claim for credit shall extend beyond the life of the contract. No refund, however, shall be made if the amount specified in section 6 of the act of May 25, 1948 (Public Law 554, 80th Congress), will be exceeded. Unless the approval of the Commissioner of Indian Affairs has been secured, no refund shall be made for that portion of an extension not located along a public highway. All extensions constructed under the provisions of this section shall be and remain the property of the United States.

§ 232.8 Temporary service.

Temporary service refers to service to circuses, bazaars, fairs, construction works, and other activities or businesses of such a nature that service to the premises occupied by them will probably be discontinued within five months. An applicant for temporary service shall be required to deposit with the project a sum of money equal to the estimated cost of installing and removing the necessary facilities and also an additional sum equal to the estimated bill for electric service: Provided, however, That such additional sum need not be greater than three times the estimated monthly bill. 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, as determined by the project engineer.

§ 232.9 Type of service.

Service for lights and the usual domestic and other appliances, including motors of less than five horsepower shall

On each new service the consumer shall provide and maintain a service entrance at a location convenient to the lines of the project, and all connections from the service entrance to the meter base and from the meter base to the main line circuit breaker or distribution center. The meter socket and meter will be furnished by the United States. The meter socket shall be installed, however, by the consumer and in a suitable location, preferably on the outside of the building, or service pole, where the meter will be accessible to the meter-reader at all times. The meter socket shall not be more than seven feet nor less than five feet above the ground or floor. 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 alterations of a consumer's premises make it necessary to move an existing meter loop, the consumer may be required to install a meter socket in the new loop, located in conformity with the stipulations of this section. When an inspection is required by municipal ordinance, the project engineer shall require a certificate of inspection and approval by the municipal inspector before connecting a new service.

shall be made except by the project or its agents.

§ 232.12

Multiple meter installations.

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 assembled at one central location. Each meter shall be clearly marked so as to make it possible to identify the consumer. § 232.13 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 Fire Marshal of the State of Montana and of the National Board of Fire Underwriters.

§ 232.14

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. § 232.15 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. § 232.16 Motor starting equipment.

Motors having a rated capacity of three horsepower or more shall be provided with such starting and over-load equipment as may be required by the project engineer.

§ 232.17 Service discontinued.

The Project Engineer may discontinue electric service to any consumer who shall continue to use appliances or apparatus detrimental to the project after he has been notified to correct the condition and has failed to do so within a reasonable time.

§ 232.20

Bills due prior to service.

Bills for connection or reconnection of service, and required cash deposits shall be paid before service is connected, or reconnected.

§ 232.21 Delinquent bills.

If payment of a bill is not made on or before the fifteenth day of the month following the date of its issue, the project engineer shall discontinue service and shall not restore the same until the consumer has paid all bills then due as well as a $5.00 reconnection charge, and satisfied any deposit requirement which may exist under § 232.5. The discontinuance of service shall not relieve the consumer of liability for minimum monthly payments guaranteed by him under his contract.

[26 F.R. 2642, Mar. 29, 1961]

§ 232.22

Discontinuance by consumer.

A consumer shall give at least two days' notice of his desire to discontinue service. If such notice is not given, he will be held liable for payment for all electric energy furnished to such vacated premises until service is discontinued.

§ 232.23 Fraud; tampering.

Service shall be discontinued to 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.

§ 232.24 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 the rendition of services.

§ 232.25 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 but all such cases shall be reported promptly to the Commissioner of Indian Affairs with an explanation by the project engineer of the reason for taking such action. The Commissioner of Indian Affairs may cancel the action taken by the project engineer.

§ 232.26

Interruptions to service.

The United States will furnish energy continuously so far as reasonable diligence will permit but the United States, its officers, agents or employees assume no liability for damages due to interruptions of service to the consumer.

§ 232.27 Contingent upon appropria

tions.

(1) $2.00 per month per kilowatt of rated capacity of the heater elements.

(d) Service may be intermittent. The supply of electric energy under this schedule may, at the discretion of the project engineer, be discontinued during intervals of system peak loads and under other operating conditions which make such action desirable from the project standpoint.

(e) Withdrawal of rate for violation. The connection of unauthorized appliances to the water heating circuit or use of the water heating service for other purposes than water heating on the consumer's own premises shall be sufficient cause for withdrawal of the commercial water-heating rate and the refusal to allow it again on the same premises so long as the consumer violating the restriction will benefit therefrom. Service may, however, be rendered such consumer under the commercial or the general rate.

§ 232.54 Rate Schedule No. 4: General.

(a) Application of schedule. This schedule is available for single-phase and three-phase electric services for all purposes. 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 consumer's installations, or for the consumer's convenience, a separate computation shall be made for each meter. (b) Monthly rate.

(1) 4.0 cents per kilowatt-hour for first 50 kilowatt-hours per kilowatt of billing demand.

(2) 2.0 cents per kilowatt-hour for next 50 kilowatt-hours per kilowatt of billing demand.

(3) 1.0 cents per kilowatt-hour for all additional kilowatt-hours.

(c) Discounts. The following discounts will be applied in accordance with the contract demand as defined below. Discounts do not apply to the minimum charge.

16

18

20

48 kw. and more but less than 58 kw. of contract demand...

58 kw. and more but less than 70 kw. of contract demand...

70 kw. and more but less than 85 kw. of contract demand._

85 kw. and more but less than 100 kw. of contract demand...

100 kw. and more but less than 125 kw. of contract demand..

125 kw. and more but less than 150 kw. of contract demand___.

150 kw. and more but less than 175 kw. of contract demand____

175 kw. and more but less than 210 kw. of contract demand..

210 kw. and more but less than 245 kw. of contract demand--

2228

24

26

80

32