Schedule of Fees & Charges - Natural Gas

Section 1. Property Interest of Members.

Upon dissolution after:

1. All debts and liabilities of the Cooperative have been paid, and
2. All capital furnished through patronage has been retired as provided in this Code of Regulations, the remaining property and assets of the Cooperative shall be distributed among the members and former members in the proportion which the aggregate patronage of each bears to the total patronage of all members during the 10 years next preceding the date of the filing of the certificate of dissolution.

Section 2. Non-liability for Debts of the Cooperative

The private property of the members shall be exempt from execution or other liability for the debts of the Cooperative and no member shall be liable or responsible for any debts or liabilities of the Cooperative.

Section 1. Annual Meeting

The annual meeting of the members shall be held at a date and time specified by the Board of Trustees at such place within the service area of the Cooperative as selected by the Board and which shall be designated in the notice of the meeting, for the purpose of reporting on the election of Board members, passing upon reports for the previous fiscal year and transacting such other business as may come before the meeting. It shall be the responsibility of the Board to make adequate preparations for the annual meeting. Failure to hold the annual meeting at the designated time shall not work a forfeiture or dissolution of the Cooperative. In the event that such annual meeting is not held, for any reason, a special meeting in lieu thereof shall be called and held as soon thereafter as convenient, and any business transactions at such meeting shall be as valid as if transacted at the annual meeting.

Section 2. Special Meeting

Special meetings of the members may be called by resolution of the Board, or upon written request signed by any 3 Board members, by the Chair, or by 10% or more of all members, and it shall thereupon be the duty of the Secretary to cause notice of such meetings to be given as hereinafter provided. Special meetings of the members may be held at any place within the service area of the Cooperative designated by the Board.

Section 3. Notice of Members’ Meetings

Written or printed notice stating the place, day, and hour of the meeting and, in case of a special meeting or an annual meeting at which business requiring special notice is to be transacted, the purpose or purposes for which the meeting is called, shall be delivered not less than 7 days or more than 25 days before the date of the meeting, either personally or by mail, by or at the direction of the Secretary, or upon default in duty by the Secretary, by the persons calling the meeting, to each member. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, addressed to the member at the address as it appears on the records of the Cooperative, with postage thereon prepaid. The failure of any member to receive notice of an annual or special meeting of the members shall not invalidate any action which may be taken by the members at any such meeting. Notice of adjournment of a members’ meeting need not be given if the time and place to which it is adjourned are fixed and announced at such meeting.

Section 4. Quorum

The members entitled to vote in person or represented by proxy at any meeting of the members shall constitute a quorum.

Section 5. Voting

1. Each member shall be entitled to one (1) vote and no more upon each matter submitted to a vote. All questions shall be decided by a vote of a majority of the members voting through the voting methods offered by the Cooperative and indicated on the ballot, which may include in person, by mail, by telephone, or by electronic means, including internet voting, except as otherwise provided by law, the Articles of Incorporation or this Code of Regulations subject to provisions outlined in Article 1, Section 2 Joint Membership.
2. The vote of a firm, association, corporation, partnership, body politic or subdivision thereof which is a member shall be cast by a duly authorized representative of said member.

Section 6. Order of Business

The order of business at the annual meeting of the members and, so far as possible, at all other meetings of the members, shall be essentially as follows, except as otherwise determined by the members at such meeting:

1. Reading of the notice of the meeting and proof of the due publication or mailing thereof, or the waiver or
   waivers of notice of the meeting, as the case may be.
2. Reading of unapproved minutes of previous meetings of the members and the taking of necessary action
   thereon.
3. Presentation and consideration of reports of officers, Board members, and the committees.
4. Report on the election of Board members.
5. Unfinished business.
6. New business.
7. Adjournment.

Section 1. General Powers

The entire business and affairs of the Cooperative shall be managed by a Board of 7 trustees. If a Vacancy is created causing the Cooperative to be managed by a Board of less than 7 trustees, such Vacancy shall be filled pursuant to Article IV, Section 7. The Board shall exercise all of the powers of the Cooperative except as are, by law, the Articles of Incorporation or this Code of Regulations conferred upon or reserved to the members. The number of Board members may not be increased without the affirmative vote of 2/3 vote of the members of the Cooperative.

Section 2. Election & Tenure of Office

The Board shall divide the service area of the Cooperative into 7 districts so that equitable representation may be given to the geographic areas served by the Cooperative. The Board shall have the power to change the boundaries of such districts whenever in their opinion the purpose of this Section requires such a change. Each district shall be represented by 1 Board member. Board members shall be elected each year by secret ballot by and from the members to serve for a term of 3 years or until their successors shall have been elected and shall have qualified, subject to the provisions of this Code of Regulations with respect to the removal of Board members. Board members may be elected by a plurality vote of the members. If in any year the Nominating Committee makes a good faith effort to obtain at least two candidates for a district to submit for election and is only able to submit one candidate, then the election shall go forward with one candidate.

Section 3. Qualifications

No person shall be eligible to become or remain a member of the Board who:

1. 1. Is not a member and bona fide resident in the particular district within the service area of the Cooperative which is to be represented; or
   2. Is in any way employed by or financially interested in a competing enterprise or a business selling electric power and/or energy, or supplies to the Cooperative, or who otherwise is engaged in a activity posing a conflict of interest with the governance of the Cooperative; or
   3. Is, or has been within five (5) years of the date of the election or proposed appointment, an employee of Union Rural Electric Cooperative, Inc., any of its subsidiaries, or any other electric cooperative; or
   4. Has been convicted of, or pled guilty to, a felony. Nothing contained in this Section shall affect in any manner whatsoever the validity of any action taken by the Board.

Section 4. Nominations

It shall be the duty of the Board to appoint, not less than 80 days nor more than 150 days before the date of a meeting of the members at which members of the Board are to be elected, a committee on nominations consisting of not less than 5 nor more than 11 members who shall be selected so as to ensure equitable representation on the committee to the geographic areas constituting the service area of the Cooperative. No member of the Board or officer or employee, nor any member of the Board’s or officer’s or employee’s family (father, mother, brother, spouse, sister, son or daughter by blood, marriage, or adoption) may serve on such committee and no committee member shall nominate a family member (father, mother, brother, spouse, sister, son or daughter by blood, marriage or adoption). No person shall serve on the nominating committee more than 1 time in every 4 years. The committee shall prepare and provide to the Secretary at least 70 days before the meeting of the members a list of nominations for Board membership. The committee shall make a good faith effort to obtain at least 2 candidates from each district for each position for a Board member representing such district which is to be filled. Any member may nominate other qualified candidates for the Board of Trustees by submitting a written petition signed by at least 25 members. Said petition must be filed with the Secretary of the Cooperative not less than 70 days prior to the annual meeting. Said nomination shall be made upon forms provided by the Cooperative. No person shall be voted upon for membership on the Board who has not signified a willingness to serve if elected. Nothing contained in this Section shall affect in any manner whatsoever the validity of any election of Board members or any action taken by the Board. If a nominee, the Secretary shall be replaced by a Board member who is appointed by the Board, but who is not a nominee.

Section 5. Election

Except as provided in Article IV Section 2, a ballot shall be prepared under the direction of the Secretary and mailed at least 20 days prior to the annual meeting of members to each member. The ballot shall list the names of the qualified nominees who have signified their willingness to serve if elected and shall show separately arranged by districts and in alphabetical order, the nominations made by the committee and, if any, nominations made by petition. The ballot when voted shall be returned to the Secretary or the Secretary’s designee at a place designated by the Secretary by the close of business 2 days prior to the annual meeting of members. The ballots shall be tabulated by disinterested intermediary selected by the Board of Trustees, who shall thereby determine the successful candidates. With respect to each position to be filled on the Board, the nominee receiving the greatest number of votes shall be elected a trustee effective as of the date of the annual meeting. In case of a tie vote, the election shall be decided by flipping a coin. The results of the election shall be announced at the annual meeting of the members.

Section 6. Removal of Trustee

Any member may bring specific charges of malfeasance, misfeasance, or nonfeasance in office against a Trustee and, by filing with the Secretary in writing a detailed description of each such charge and the evidentiary basis therefore together with a petition signed by at least 10% of the members may request the removal of such Board member by reason thereof. If more than 1 Trustee is sought to be removed, individual charges against each Trustee and the evidentiary basis for each charge shall be specified. For purposes of this Article “malfeasance, misfeasance, or nonfeasance” means an act or omission amounting to gross negligence, fraud, or criminal conduct, which has a material adverse effect on the business and affairs of the Cooperative. At the next regular or special meeting of the members occurring not less than 45 days after the filing of such charges, the member bringing the charges against the Trustee shall have an opportunity to be heard in person or by counsel and to present evidence in support of the charges; and the Trustee shall have an opportunity to be heard in person or by counsel and to present evidence in response to the charges. No Trustee shall be removed from office unless the specific charges against the Trustee are supported by clear and convincing evidence. The questions of the removal of such Board member shall be considered and voted upon at the meeting of members. The removal of no more than 2 Trustees may be considered or voted upon a any meeting of members. Additionally, a Board member may be removed from the Board by an affirmative vote of a majority of the remaining Board members if such Board Member fails to attend 4 regular Board meetings in one calendar year or 3 consecutive regular Board meetings, unless otherwise excused by a majority vote of the remaining Board members; or is convicted of, or pleas guilty to, a felony offense, or criminal offense involving theft, dishonesty or moral turpitude.

Section 7. Vacancies

If a single Vacancy on the Board of Directors (“Vacancy”) occurs, or, if at any time more than 1 Vacancy occurs and if at that time less than 150 days remain before the next Annual Meeting, then such Vacancy shall remain unfilled until the next Annual Meeting, at which time the Members shall elect a Director to fill the Vacancy for the unexpired term of such Director’s predecessor pursuant to the election procedures in Article IV, Section 2. If at any time more than 1 Vacancy occurs and if at that time more than 150 days remain before the next Annual Meeting, or, if at any time more than 2 Vacancies occur, then the Board of Directors shall call a Special Member Meeting for that purpose at which the Members shall elect Directors to fill such Vacancies for the unexpired Director Terms of their respective predecessors. Any such Special Member Meeting shall be held no later than 75 days after the second of such Vacancies occurs. Notwithstanding any other provision of these Bylaws, the Board of Directors may establish a timeline for nominations, voting, and elections for such Special Member Meeting. As used in these Bylaws, a Vacancy does not include a Director position vacated due to an expired Director Term.

Section 8. Compensation

The Board of Trustees may by resolution provide a reasonable compensation to be paid to each Board member for services rendered on behalf of the Cooperative as a Board member, such as attendance at meetings, conferences, and training programs or performing committee assignments. The Board may also authorize reimbursement of Board members for expenses actually and necessarily incurred in carrying out such Cooperative business or grant a reasonable per diem allowance in lieu of detailed accounting for such expenses. A Board member may also receive compensation for services rendered as an officer of the Cooperative, but no Board member shall receive compensation for serving the Cooperative, in any other capacity, except in emergency. No close relative of a Board member shall receive compensation for serving the Cooperative, except in emergency unless such compensation shall be specifically authorized by a vote of the members. As used in this Section, “close relative” means the relationship of father, mother, brother, sister, son, and daughter existing by reason of blood, marriage, or adoption.

Section 1. Regular Meetings

A regular meeting of the Board may be held without notice immediately after, and at the same place as, the annual meeting of the members. A regular meeting of the Board shall also be held monthly at such time and place, either within or without the State of Ohio, as designated by the Board. Such regular monthly meetings may be held without notice other than such resolution fixing the time and place thereof.

Section 2. Special Meetings

Special meetings of the Board may be called by the Chair or by any 3 Board members, and it shall thereupon be the duty of the Secretary to cause notice of such meeting to be given as hereinafter provided. The Chair or Board members calling the meeting shall fix the time and place, either within or without the State of Ohio, for the holding of the meeting.

Section 3. Notice of Special Meeting

Written notice of the time, place, and purpose of any special meeting of the Board shall be delivered to each Board member either personally or by mail, by or at the direction of the Secretary or upon a default in duty by the Secretary, by the Chair or the Board member calling the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the Board member at his or her address as it appears on the records of the Cooperative, with postage thereon prepaid, at least 2 days before the date set for the meeting.

Section 4. Quorum

A majority of the Board shall constitute a quorum, provided, that if less than such majority of the Board is present at said meeting, a majority of the Board present may adjourn the meeting from time to time; and provided further, that the Secretary shall notify any absent Board members of the
time and place of such adjourned meeting. The act of a majority of the Board members present at a meeting
at which a quorum is present shall be the act of the Board, except as otherwise provided in this Code of
Regulations.

Section 5. Actions of Trustees Without a Meeting

Any action which may be authorized or taken at a meeting of the Board may be authorized or taken without a meeting in a writing or writings by all of the members of the Board.

Section 1. Number

The officers of the Cooperative shall be a Chair, Vice Chair, President, Secretary, Treasurer, and such other officers as may be determined by the Board from time to time. The offices of Secretary and Treasurer may be held by the same person.

Section 2. Election & Term of Office

Each officer, except the President and any officer appointed pursuant to Section 3 of this Article VI shall be elected by ballot annually by and from the Board at the meeting of the Board held immediately after the annual meeting of the members. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until the first meeting of the Board following the next succeeding annual meeting of the members or until his or her successor shall have been elected and shall have qualified, subject to the provisions of this Code of Regulations with respect to the removal of officers. The President shall be chosen and employed and his or her compensation shall be set by the Board. A vacancy in any office shall be filled by the Board for the unexpired portion of the term.

Section 3. Additional Officers

In addition to the officers specified in Section 1 of this Article VI, the Board, in its discretion, may appoint 1 or more Assistant Vice Chairs, 1 or more Assistant Secretaries, 1 or more Assistant Treasurers, and such other officers as may be deemed necessary or desirable, who shall have such duties and authority as generally pertains to their respective offices and such as may be prescribed by the Board, and who shall hold office for such period as may be prescribed by the Board.

Section 4. Removal of Officers & Agents by the Board

Any officers elected or appointed by the Board may be removed by the Board whenever in its judgment the best interests of the Cooperative will be served thereby. In addition, any member of the Cooperative may bring charges against an officer, and by filing with the Secretary such charges in writing together with a petition signed by 10% of the members may request the removal of such officer. The officer against whom such charges have been brought shall be informed in writing of the charges at least 10 days prior to the Board meeting at which the charges are to be considered and shall have the opportunity at the meeting to be heard in person or by counsel and to present evidence in respect of the charges; and the person or persons bringing the charges shall have the same opportunity. In the event the Board does not remove such officer, the questions of his or her removal shall be considered and voted upon at the next meeting of the members. Notwithstanding any other provisions of this Code of Regulations the Board may, in its discretion, authorize a written employment agreement between the Cooperative and the President containing terms and conditions relating to the removal of the President which are inconsistent with this Code of Regulations.

Section 5. Resignations

Any officer may resign at any time by giving written notice to the Board, or to the Chair or to the Secretary of the Cooperative. Any such resignation shall take effect at the time specified therein and unless otherwise specified therein the acceptance of such resignation shall not be necessary to make it effective.

Section 6. Vacancies

A vacancy in any office, except that of President, may be filled by the Board for the unexpired portion of the term. In the event of a vacancy in the office of President, the Board shall choose and employ a President upon terms and conditions which the Board considers to be in the best interests of the Cooperative.

Section 7. Chair

The Chair shall: a) Be the principal executive officer of the Cooperative, and unless otherwise determined by the members of the Board, shall preside at all meetings of the members and the Board; b) On behalf of the Cooperative, subject to the direction and instruction of the Board, sign, with the Secretary, any deeds, mortgages, deeds of trust, notes, bonds, financing statements, security agreements, contracts or other instruments, except in cases in which the signing and execution thereof shall be expressly delegated by the Board or by this Code of Regulations to some other officer or agent of the Cooperative, or shall be required by law to be otherwise signed or executed; and c) In general, perform all duties incident to the office of Chair as may be prescribed by the Board from time to time.

Section 8. Vice Chair

In the absence of the Chair or in the event of his or her disability or inability to act, the Vice Chair shall perform the duties of the Chair, and when so acting shall have all the powers of and be subject to all the restrictions upon the Chair. The Vice Chair shall also perform such other duties as from time to time may be assigned to him or her by the Board or the Chair.

Section 9. Secretary

The Secretary shall be responsible for: a) Keeping the minutes of the meetings of the members and of the Board in books provided for that purpose; b) Seeing that all notices are duly given in accordance with this Code of Regulations or as required by law; c) The safekeeping of the corporate books and records and the seal of the Cooperative and affixing the seal of the Cooperative or a facsimile thereof to all documents, the execution of which on behalf of the Cooperative under its seal is duly authorized in accordance with the provisions of this Code of Regulations; d) Keeping a register of the names and post office addresses of all members; e) Keeping on file at all times a complete copy of the Articles of Incorporation and Code of Regulations of the Cooperative containing all amendments thereto (which copy shall always be open to the inspection of any member) and at the expense of the Cooperative, furnishing a copy of the Code of Regulations and of all amendments thereto to any member upon request; and f) In general, performing all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the Board.

Section 10. Assistant Secretary

The Assistant Secretary, if one is appointed by the Board pursuant to Section 3 of this Article VI, need not be a member of the Board and he shall hold office until relieved by the Board. He shall assist the Secretary in the performance of the Secretary’s duties as requested by the Secretary or by the Board.

Section 11. Treasurer

The Treasurer shall be responsible for: a) Custody of all funds and securities of the Cooperative; b) The receipt of and the issuance of receipts for all monies due and payable to the Cooperative and for the deposit of all such monies in the name of the Cooperative in such bank or banks as shall be selected in accordance with the provisions of the Code of Regulations; and c) The general performance of all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned by the Board.

Section 12. Assistant Treasurer

If an Assistant Treasurer is appointed by the Board pursuant to Section 3 of this Article VI, he need not be a member of the Board and he shall hold office until relieved by the Board. He shall assist the Treasurer in the performance of the Treasurer’s duties as requested by the Treasurer or by the Board.

Section 13. President

The President shall: a) Be the chief administrative officer responsible for the general direction, coordination and control of all of operations in accordance with the policies adopted by the Board, subject to the direction and instructions of the Board; b) Have supervision over and be responsible for the operations of the Cooperative and, in performing this duty, carry out and administer the policies adopted by the Board; c) Prepare for the Board of Trustees such reports and budgets as are necessary to inform the Board concerning the operation of the Cooperative; and d) In general, perform all duties incident to the office of President as chief administrative officer, perform such other duties as may from time to time be assigned by the Board and shall be responsible for the hiring, promotion, demotion and termination of employment of all other employees of the Cooperative.

Section 14. Bonds of Officers

The Treasurer and any other officer or agent of the Cooperative charged with responsibility for the custody of any of its funds or property shall be bonded in such sum and with such surety as the Board shall determine. The Board in its discretion may also require any other officer, agent or employee of the Cooperative to be bonded in such amount and with such surety as it shall determine.

Section 15. Compensation

The powers, duties, and compensation of officers, agents, and employees shall be fixed by the Board subject to the provisions of this Code of Regulations with respect to compensation for a Board member and close relative of a Board member.

Section 16. Reports

The officers of the Cooperative shall submit at each annual meeting of the members reports covering the business of the Cooperative for the previous fiscal year. Such reports shall set forth the condition of the Cooperative at the close of such fiscal year.

Section 1. Interest or Dividends on Capital Prohibited

The Cooperative shall at all times be operated on a Cooperative nonprofit basis for the mutual benefit of its patrons. No interest or dividends shall be paid or payable by the Cooperative on any capital furnished by its patrons.

Section 2. Patronage Capital

For each good or service provided by the Cooperative on a cooperative basis during a fiscal year, the Cooperative’s operation shall be so conducted that all patrons, members and nonmembers alike, will through their patronage furnish capital for the Cooperative. In order to induce patronage and to assure that the Cooperative will operate on a nonprofit basis the Cooperative is obligated to account on a patronage basis to all its patrons, members and nonmembers alike, for all amounts received and receivable from providing the good or service in excess of operating costs and expenses properly chargeable against the furnishings of the good or service. All such amounts in excess of operating costs and expenses at the moment of receipt by the Cooperative are received with the understanding that they are furnished by the patrons, members and nonmembers alike, as capital. The Cooperative is obligated to pay credits to a capital account for each patron all such amounts in excess of operating costs and expenses. Consistent with this bylaw, the allocation of capital credits is in the discretion of the Board and the Board shall determine the manner, method, and timing of allocating capital credits. As reasonable and fair, the Cooperative may allocate capital credits to classes of similarly situated patrons under different manners, methods, and timing, provided the Cooperative allocates capital credits to similarly situated patrons under the same manner, method, and timing. The books and records of the Cooperative shall be set up and kept in such a manner that at the end of each fiscal year the amount of capital, if any, so furnished by each patron is clearly reflected and credited in an appropriate record to the capital account of each patron, and the Cooperative shall within a reasonable time after the close of the fiscal year notify each patron of the amount of capital so credited to the member’s account. All such amounts credited to the capital account of any patron shall have the same status as though they had been paid to the patron in cash in pursuance of a legal obligation to do so and the patron had then furnished the Cooperative corresponding amounts for capital.

All other amounts received by the Cooperative from its operations in excess of costs and expenses shall, insofar as permitted by law, be a) used to offset any losses incurred during the current or any prior fiscal year and b) to the extent not needed for that purpose, allocated to its patrons on a patronage basis and any amount so allocated shall be included as part of the capital credited to the accounts of patrons, as herein provided.

In the event of dissolution or liquidation of the Cooperative, after all outstanding indebtedness of the Cooperative shall have been paid, outstanding capital credits shall be retired without priority on a pro rata basis before any payments are made on account of property rights of members. If, at any time prior to dissolution or liquidation, the Board shall determine that the financial condition of the Cooperative will not be impaired thereby, the capital credited to patrons’ accounts may be retired in full or in part. Any such retirements of capital shall be made in such order of priority as the Board may determine in the reasonable exercise of its discretion; provided, however, that nothing herein shall be construed as impairing or limiting the Cooperative’s right to set off capital credit against obligations due the Cooperative by a member. Consistent with this bylaw, the retirement and payment of capital credits are in the discretion of the Board and the Board shall determine the manner, method, and timing of retiring and paying capital credits. As reasonable and fair, the Cooperative may retire and pay capital credits to classes of similarly situated patrons under different manners, methods, and timing, provided the Cooperative retires and pays capital credits to similarly situated patrons under the same manner, method, and timing. Provided, however, that the Board shall have the power to adopt rules providing for the separate retirement of that portion (“power supply portion”) of capital credited to the accounts of patrons which corresponds to capital credited to the account of the Cooperative by an organization furnishing electric service to the Cooperative. Such rules shall a) establish a method for determining the power supply portion of capital credited to each patron for each applicable fiscal year, b) provide for separate identification on the Cooperative’s books of the power supply portion of capital credited to the Cooperative’s patrons and c) provide for appropriate notifications to patrons with respect to the power supply portion of capital credited to their accounts.

Capital credited to the account of each patron shall be assignable only on the books of the Cooperative pursuant to written instruction from the assignor and only to successors in interest, successors in occupancy in all or a part of such patrons’ premises served by the Cooperative or to a trustee of a trust created by a patron wherein the patron has reserved the right to revoke or amend said trust unless the Board, acting under policies of general application, shall determine otherwise, except as herein otherwise provided.

Notwithstanding any other provision of this Code of Regulations, any former patron who moves off the line with a capital credit account balance that does not exceed $500 may request an early discounted capital credit retirement.  The Board shall dictate the terms and conditions of any discounted early retirement.  Such discounted early retirement, if approved by the Board, shall be the discounted present day value at a discount rate established by the Board of the amount credited to the former patron’s account compared to the date any priority or percentage of the account would have been retired and paid as determined by the last percentage or priority of capital credit retirement authorized and paid by the Board in any one given year.  Such discounted early retirement may be made regardless  of the order of priority according to year in which the capital was furnished and credited or regardless of the percentage begin retired in any one year to all patrons past or present, depending upon which retirement plan is being used.  Any such discounted early retirement shall not impair the financial condition of the Cooperative.

Notwithstanding any other provision of this Code of Regulations, the Board at its discretion shall have the power at any time upon the death of any natural patron, if the legal representatives of the member’s estate shall request in writing that the capital credited to any such patron be retired prior to the time such capital would otherwise be retired under the provisions of this Code of Regulations, to retire capital credited to any such patron immediately upon such terms and conditions as the Board, acting under policies of general application shall determine, and discounted to the present day value at a discount rate established by the Board of the amount credited to the deceased patron’s account compared to the date any priority or percentage of the account would have been retired and paid as determined by the last percentage or priority of capital credit retirement authorized and paid by the Board in any one given year, regardless of the order of priority according to year in which the capital was furnished and credited or regardless of the percentage being retired in any one year to all patrons past or present, depending upon which retirement plan is being used; provided, however, that the financial condition of the Cooperative will not be impaired thereby. Notwithstanding any other provision of this Code of Regulations or other provision of the membership certificate, if any patron or former patron fails to claim any cash retirement of capital credits or other payment from the Cooperative within four (4) years after payment of the same has been made available by check mailed to the last address furnished by the member to the Cooperative, such failure shall be and constitutes an irrevocable assignment and gift by such patron of such capital credit or other payment to the Cooperative. Failure to claim any such payment with the meaning of this section shall include the failure of such patron or former patron to cash any check mailed by the Cooperative at the last address furnished to the Cooperative. The assignment and gift provided for under this section shall become effective only upon the expiration of four (4) years from the date when such payment was made available to such patron or former patron without claim therefore and only after the further expiration of sixty (60) days following the giving of a notice by publication that unless such payment is claimed within said sixty (60) day period, such gift to the Cooperative shall become effective. The notice by publication shall be two (2) consecutive insertions in a newspaper circulated in the service area of the Cooperative, which may be the Cooperative newsletter. The sixty (60) day period following the giving of such notice shall be deemed to terminate sixty (60) days following the last date of publication thereof.

The patrons of the Cooperative, by dealing with the Cooperative, acknowledge that the terms and provisions of the Articles of Incorporation and Code of Regulations shall constitute and be a contract between the Cooperative and each patron, and both the Cooperative and the patrons are bound by such contract, as fully as though each patron had individually signed a separate instrument containing such terms and provisions. The provisions of this Article of the Code of Regulations shall be called to the attention of each patron of the Cooperative by posting in a conspicuous place in the Cooperative’s office.

The Cooperative shall not sell, mortgage, lease or otherwise dispose of or encumber all or any substantial portion of its property or merge or consolidate with any other corporation unless such sale, mortgage, lease, other disposition, encumbrance, merger or consolidation is authorized at a meeting of the members thereof by the affirmative vote of not less than 2/3 of all of the members of the Cooperative, and unless the notice of such proposed sale, mortgage, lease, other disposition, encumbrance, merger or consolidation shall have been contained in the notice of the meeting; provided, however, that notwithstanding any other provision of this Article, the Board of the Cooperative, without authorization by the members thereof, shall have full power and authority to authorize the execution and delivery of mortgages, deeds of trust, security agreements and financing statements or otherwise pledging, encumbering, subjecting to a lien or security interest, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the Cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenue and income therefrom, all upon such terms and conditions as the Board shall determine, to secure any indebtedness of the Cooperative to the United States of America or any instrumentality or agency thereof or to any bona fide lender, lending institution or investor; provided, further, however, that notwithstanding any other provision of this Article, the Board may upon the authorization of a majority of those members of the Cooperative, present at a meeting of the members thereof, sell, lease, or otherwise dispose of all or a substantial portion of its property to, or merge or consolidate with, another nonprofit corporation which is or has been a member of Ohio Rural Electric Cooperatives, Inc.

Notwithstanding the foregoing provision of this Article, nothing contained herein shall be deemed or construed to prohibit an exchange of electric plant facilities for electric plant facilities of another electric company when the judgment of the Board such facilities are of approximately equal value, but in no event shall the value of the Cooperative’s facilities so exchanged within any 12 month period exceed 10% of the total electric plant of the Cooperative.

The corporate seal of the Cooperative shall have inscribed thereon the name of the Cooperative and the words “Corporate Seal, State of Ohio”, but failure to affix such seal shall not affect the validity of any instrument duly executed on behalf of the Cooperative by its authorized officers.

Section 1. Contracts

Except as otherwise provided in this Code of Regulations, the Board may authorize any officer or officers, agent or agents to enter into any contract or execute and deliver any instrument in the name and on behalf of the Cooperative, and such authority may be general or confined to specific instances.

Section 2. Checks, Drafts, Etc.

All checks, drafts, or other orders for payment of money, and all notes, bonds or other evidences of indebtedness issued in the name of the Cooperative shall be signed by such officer or officers, agent or agents, employee or employees of the Cooperative and in such manner as shall from time to time be determined by resolution of the Board.

Section 3. Deposits

All funds except petty cash of the Cooperative shall be deposited from time to time to the credit of the Cooperative in such bank or banks as the Board may select.

Section 4. Fiscal Year

The fiscal year of the Cooperative shall begin on the first day of January of each year and shall end on the thirty first day of December of the same year.

Section 1. Waiver of Notice

Any member or Board member may waive in writing any notice of a meeting required to be given by this Code of Regulations. The attendance of a member or Board member at any meeting shall constitute a waiver of notice of such meeting by such member or Board member, except in case a member or Board member shall attend a meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting has not been lawfully called or convened.

Section 2. Policies, Rules & Regulations

The Board shall have power to make and adopt such policies, rules, and regulations, not inconsistent with law, the Articles of Incorporation or this Code of Regulations, as it may deem advisable for the management, administration, and regulation of the business and affairs of the Cooperative.

Section 3. Accounting System & Reports

The Board shall cause to be established and maintain a complete accounting system which, among other things, and subject to applicable laws and rules and regulations of the regulatory body, shall substantially conform to such accounting system as may from time to time be designated by the Administrator of the Rural Utilities Service of the United States of America. The Board shall also after the close of each fiscal year cause to be made by a certified public accountant a full and complete audit of the accounts, books, and financial condition of the Cooperative as of the end of such fiscal year. A report of such audit shall be submitted to the members at the next following annual meeting.

Section 4. Access to Membership List

Any member of the Cooperative, or the agent or attorney of such member, shall have the right to examine the Cooperative’s membership list at any reasonable time as determined by the Cooperative for the purpose of (a) nominating qualified candidates for election to the Cooperative’s Board of Trustees by petition, or (b) campaigning and soliciting member votes for any qualified candidate properly nominated by the nominating committee or by petition for election to the Cooperative’s Board of Trustees. For these purposes, the membership list shall consist solely of, and such member or its agent or attorney shall only have the right to examine, the names and addresses of each member of the Cooperative as such names and addresses are contained in the Cooperative’s records. For these purposes, and upon the request in writing of such member or its agent or attorney to the Cooperative, such member or its agent or attorney shall also have the right to obtain from the Cooperative one copy of the names and addresses of each member of the Cooperative as such names and addresses are contained in the Cooperative’s records and in such form as the Cooperative maintains such records; provided, however, that such member shall reimburse the Cooperative its reasonable costs incurred in connection with such copying. Nothing in this Section is intended to prohibit the members or trustees of the Cooperative or their agents or attorneys from examining the books and records of the Cooperative, including its membership list, for any other reasonable and proper purpose and at any reasonable time, as determined by the Cooperative.

This Code of Regulations may be altered, amended, or repealed by the members at any regular or special meeting, provided the notice of such meeting shall have contained a copy of the proposed alteration, amendment, or repeal. Any alteration, amendment, or repeal of this Article, Article VIII shall require the affirmative vote of at least 2/3 of all of the members of the Cooperative, and no other provision of this Code of Regulations may be altered, amended, or repealed by an affirmative vote which is less in number or different in character than the affirmative vote required under that provision.

Section 1. General

The Cooperative shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the Cooperative, by reason of the fact that he is or was a trustee, officer, employee, agent, or volunteer as defined in Section 1702.01(N) of the Ohio Revised Code (“volunteer”), of the Cooperative, or is or was serving at the request of the Cooperative as a trustee, director, officer, employee, agent, or volunteer of another corporation, domestic or foreign, nonprofit or for profit, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys’ fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with such action, suit or proceeding unless it is proved by clear and convincing evidence in a court of competent jurisdiction that such person’s actions or failure to act
involved an act or omission undertaken with deliberate intent to cause injury to the Cooperative or undertaken with reckless disregard for the best interests of the Cooperative and that, with respect to any criminal action or proceeding, such person had reasonable cause to believe that such person’s conduct was unlawful; the termination of any such action, suit, or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, constitute such proof.

Section 2. Derivative Action Indemnification

Other than in connection with an action or suit in which the liability of a Trustee under Section 1705.55 of the Ohio Revised Code is the only liability asserted, the Cooperative shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action or suit by or in the right of the Cooperative to procure a judgment in its favor by reason of the fact that he is or was a trustee, officer, employee, agent, or volunteer of the Cooperative, or is or was serving at the request of the Cooperative as a trustee, director, officer, employee, or agent of another corporation, domestic or foreign, nonprofit or for profit, partnership, joint venture, trust, or other enterprise against expenses, including attorneys’ fees, actually and reasonably incurred by him or her in connection with the defense or settlement of such action or suit unless it is proved by clear and convincing evidence in a court of competent jurisdiction that such person’s action or failure to act involved an act or omission undertaken with deliberate intent to cause injury to the Cooperative or undertaken with reckless disregard for the best interests of the Cooperative, except that the Cooperative shall indemnify such person to the extent the court in which the action or suit was brought determines upon application that, despite the proof but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnify for such expenses as the court shall deem proper.

Section 3. Determinations of Indemnification Rights

Any indemnification under Sections 1 and 2 hereof, unless ordered by a court, shall be made by the Cooperative only as authorized in the specific case upon a determination that indemnification of the trustee, director, officer, employee, agent, or volunteer is proper in the circumstances. Such determination shall be made:

1. By a majority vote of a quorum consisting of trustees of the indemnifying corporation who were not and are not parties to or threatened with any such action, suit or proceeding, or
2. If such a quorum is not obtainable (or even if obtainable) and a majority of disinterested trustees so directs, in a written opinion by independent legal counsel compensated by the Cooperative or
3. By the members, or
4. By the court in which such action, suit, or proceeding was brought.

Any determination made by the disinterested trustees under a) above in this Section or by independent legal counsel under b) above in this Section shall be promptly communicated to the person who threatened or brought the action or suit, by or in the right of the Cooperative under Section 2 hereof, and with 10 days after receipt of such notification, such person shall have the right to petition the court of common pleas or the court in which such action or suit was brought to review the reasonableness of such determination.

Section 4. Advance of Expenses

Unless the action, suit, or proceeding referred to in Sections 1 or 2 hereof is one in which the liability of a trustee under Section 1702.55 of the Ohio Revised Code is the only liability asserted, expenses, including attorneys’ fees, incurred by the trustee, director, officer, employee or volunteer of the Cooperative in defending any action, suit, or proceeding shall be paid by the Cooperative as they are incurred, in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of the trustee, director, officer, employee, agent, or volunteer in which such person agrees both a) to repay such amount if it is proved by clear and convincing evidence in a court of competent jurisdiction that such person’s action or failure to act involved an act or omission undertaken with deliberate intent to cause injury to the Cooperative or undertaken with reckless disregard for the best interest of the Cooperative and b) to cooperate with the Cooperative concerning the action, suit or proceeding.

Section 5. Nonexclusivity; Heirs

The indemnification provided by this Article shall not be deemed exclusive of, and shall be in addition to, any other rights granted to a person seeking indemnification as a matter of law or under the Articles of Incorporation, this Code of Regulations, any agreement, vote of the members of the Cooperative or the disinterested members of the Board of Trustees, any insurance purchased by the Cooperative, any action by the Board of Trustees to take into account amendments to the Ohio Nonprofit Corporation Law, that expand the authority of the Cooperative to indemnify a trustee, officer, employee, agent, or volunteer of the Cooperative or otherwise, both as to action in such person’s official capacity and as to action in another capacity while holding such office or position, and shall continue as to a person who has ceased to be a trustee, director, officer, employee, agent, or volunteer and shall inure to the benefit of the heirs, executors, and administrators of such a person.

Section 6. Insurance Against Liability

The Cooperative shall purchase and maintain insurance or furnish similar protection, including, but not limited to, trust funds, letters of credit, and self-insurance, for or on behalf of any person who is or was a trustee, officer, employee, agent, or volunteer of the Cooperative, or is or was serving at the request of the Cooperative as a trustee, director, officer, employee, agent or volunteer of another corporation, domestic or foreign, nonprofit or for profit, partnership, joint venture, trust or other enterprise against any liability asserted against and incurred by said person in any such capacity, or arising out of the person’s status as such, whether or not the Cooperative would have the power to indemnify the person against such liability under this Article or of the Ohio Nonprofit Corporation Law. Insurance may be purchased from or maintained with a person in whom the Cooperative has a financial interest.

Section 7. Mergers

Unless otherwise provided in the agreement of merger pursuant to which there is a merger into this Cooperative of a constituent corporation that, if its separate existence had continued, would have been required to indemnify board members, directors, officers, employees, or volunteers in specified situations, any person who served as a trustee, officer, employee, or volunteer of the constituent corporation, or served at the request of the constituent corporation as a trustee, director, officer, employee, or volunteer of another domestic or foreign nonprofit corporation, or corporation for profit, or a partnership, joint venture, trust or other enterprise, shall be entitled to indemnification by this Cooperative (as the Surviving Corporation) to the same extent such person would have been entitled to indemnification by the constituent corporation if its separate existence had continued.

Section 8. Liability of a Board Member or Officer

Other than in connection with an action or suit in which the liability of a trustee under Section 1702.55 of the Ohio Revised Code is the only liability asserted, a trustee or officer of the Cooperative shall be liable in damages for any action he takes or fails to take as a trustee or as an officer, as the case may be, only if it is proved, by clear and convincing evidence, in a court with jurisdiction that the act or omission was one undertaken with deliberate intent to cause injury to the Cooperative or was one undertaken with a reckless disregard for the best interests of the Cooperative.

Section 9. Use of Term “Cooperative”

As used in this Article, reference to “Cooperative” includes all constituent corporations in a consolidation or merger and the new or surviving corporation, so that any person who is or was a trustee, officer, employee, or agent of such a constituent corporation, or is or was serving at the request of such constituent corporation as a trustee, director, officer, employee or agent of another corporation, domestic or foreign, nonprofit or for profit, partnership, joint venture, trust or other enterprise shall stand in the same position under this Article with respect to the new or surviving corporation as he would if he had served the new or surviving corporation in the same capacity.

If any article of this Code of Regulations, or any subpart thereof, is found to be unconstitutional, unlawful, invalid, or unenforceable, such finding shall not affect the validity of the remainder of the Articles herein.

The undersigned, a majority of whom are citizens of the United States, desiring to form a corporation not for profit under the General Corporation Act of Ohio, do hereby certify:

First: The name of the Corporation shall be Union Rural Electric Cooperative, Inc.

Second: The place in the State of Ohio where its principal office is located is Paris Township, Union County, Ohio.

Third: The purpose for which the Corporation is formed is:

1. To engage in operations as a public utility rendering electric service to members and nonmember patrons; to generate, manufacture, purchase, acquire and accumulate electric power and/or energy for, and to transmit, distribute, furnish, sell and dispose of such electric power and/or energy to its members and nonmember patrons, and to construct, erect, purchase, lease as lessee and in any manner acquire, own, hold, maintain, operate, sell, dispose of, lease as lessor, exchange and mortgage plants, buildings, works, machinery, supplies, apparatus, equipment, and electric transmission and/or distribution lines or systems necessary, convenient or useful for carrying out and accomplishing any or all of the foregoing purposes; and, without limiting the generality of the foregoing, but in amplification thereof, to acquire, in whole or in part, by purchase, lease, or otherwise, other electric generation, transmission, and/or distribution systems, which purpose may be effected through the acquisition of real or personal property, or the acquisition of stocks or other corporate securities evidencing the ownership of real and personal property constituting such other electric systems, or portions thereof or through merger or consolidations;
2. To supply electric power and/or energy to its members and nonmember patrons without any discrimination or preference as between members and nonmember patrons and to enter into and perform franchises and other contracts with political subdivisions, bodies politic, governmental agencies or instrumentalities, industrial and commercial concerns, residential customers, and others with franchises or contracts provide for the supplying of electric power and/or energy or otherwise rendering electric and/or other energy service to any such concerns, customers, subdivisions, bodies, agencies, instrumentalities or the citizens thereof;
3. To acquire, hold, own, use, exercise and, to the extent permitted by law, to sell, mortgage, pledge, hypothecate, encumber, subject to liens or security interests, and in any manner dispose of franchises, rights, privileges, licenses, rights of way, and easements necessary, useful, or appropriate to accomplish any or all of the purposes of the Corporation;
4. To purchase, receive, lease as lessee, or in any other manner acquire, own, hold, maintain, use, convey, sell, lease as lessor, exchange, mortgage, pledge or otherwise dispose of, encumber, subject to liens or security interests any and all real and personal property or any interest therein necessary, useful or appropriate to enable the Corporation to accomplish any or all of its purposes;
5. To furnish under contract with any person, partnership, firm, political subdivision, body politic or governmental agency or instrumentality, corporation or association technical services, including, without limitation because of enumeration, engineering, bookkeeping, auditing, construction, line and communication equipment, repair, and maintenance of distribution systems, meter reading, billing, collecting, financing, and any and all other specialized management or operation services for electrical distribution or transmission firms or companies;
6. To borrow money, to make and issue bonds, notes, and other evidences of indebtedness, secured or unsecured, for monies borrowed or in payment for property acquired, or for any of the other objects or purposes of the Corporation; to secure the payment of such bonds, notes or other evidences of indebtedness by mortgages, deeds of trust, security agreements and financing statements, or by the pledge of or other lien upon, any or all of the property, rights, privileges or permits of the Corporation, wheresoever situated, acquired or to be acquired; and
7. To assist its members and nonmember patrons served by it to wire their premises and install therein electrical and pumping appliances, fixtures, machinery, supplies, apparatus, and equipment of any and all kinds and character; and, in connection therewith, and for such purposes to purchase, acquire, lease, sell, distribute, install and repair electrical and pumping appliances, fixtures, machinery, supplies, apparatus and equipment of any and all kinds and character; and to receive, acquire, endorse, pledge, hypothecate and dispose of notes and other evidences of indebtedness.
8. To promote and develop the use of electric power and/or energy and to engage in area development and similar activities in order to promote and develop the use of electric power and/or energy;
9. To aid in any manner permitted by law and firm, individual, corporation or association, domestic or foreign, in which the corporation may own any shares of stock, bonds, debentures, notes, evidences of indebtedness or other securities, contracts or obligations, or in which the corporation may have any other legal or equitable interest and to do any other act permitted by law to preserve, protect, improve or enhance the value of the same or the property represented thereby; and to organize or promote or facilitate the organization of subsidiary corporations;
10. To do and perform, for itself, its members and its nonmember patrons, any and all acts and things and to have and exercise any and all powers, as may be necessary or convenient to accomplish any or all of the foregoing purposes or as may be incidental thereto, or as may be permitted by law.

The enumeration of the foregoing purposes shall not be held to limit or restrict in any manner the general powers of the Corporation, and the Corporation shall be authorized to exercise and enjoy all of the powers, rights and privileges granted to or conferred upon corporation or the character of the Corporation by the laws of the State of Ohio now or hereafter in force. Each purpose enumerated above shall be deemed to be independent of all other purposes and shall not be limited or restricted by reference from any other enumerated powers. The Corporation reserves the right, at any time and from time to time, substantially to change its purposes in the manner now or hereafter permitted by law.

Fourth: The Corporation shall at all times be operated on a cooperative, nonprofit basis for the mutual benefit of its patrons as provided in the Corporations’ Code of Regulations as it now exists or may hereafter be amended. Provided, however, that nothing herein shall prevent the Cooperative from forming or acquiring control of other domestic or foreign nonprofit corporations or corporations for profit.

Fifth: The Corporation shall not sell, mortgage, lease or otherwise dispose of or encumber all or any substantial portion of its property or merge or consolidate with any other corporation unless such sale, mortgage, lease, other disposition, encumbrance, merger or consolidation is authorized at a meeting of the members thereof by the affirmative vote of not less than two thirds (2/3) of all of the members of the corporation, unless the notice of such proposed sale, mortgage, lease, other disposition, encumbrance, merger or consolidation shall have been contained in the notice of the meeting; provided, however, that notwithstanding any other provision of this Article, the Board of the Corporation, without authorization by members thereof, shall have full power and authority to authorize the execution and delivery of mortgages, deeds of trust, security agreements and financing statements or otherwise pledging, encumbering, subjecting to a lien or security interest, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the Corporation, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the Board shall determine, to secure any indebtedness of the Corporation to the United States of America or any instrumentality or agency thereof or to any other bona fide lender, lending institution or investor; provided, further, however, that notwithstanding any other provision of this Article, the Board may upon the authorization of a majority of those members thereof, sell, lease or otherwise dispose of all or a substantial portion of its property to, or merge or consolidate with another nonprofit corporation which is or has been a member of Ohio Rural Electric Cooperative, Inc.

Notwithstanding the foregoing provisions of this Article, nothing contained herein shall be deemed or construed to prohibit an exchange of electric plant facilities for electric plant facilities of another electric company when in the judgment of the board such facilities are of approximately equal value, but in no event shall the value of the Corporation’s facilities so exchanged within any 12 month period exceed 10% of the total electric plant of the Corporation.

Any alteration, amendment, or repeal of this Article shall require the affirmative vote of at least 2/3 of all of the members of the Cooperative, and no other provision of these Articles of Incorporation may be altered, amended, or repealed by an affirmative vote which is less in number or different in character than the affirmative vote required under this Article.

Sixth: These Amended Articles of Incorporation take the place of and supersede the existing Articles of Incorporation as heretofore amended.

A. Membership Application

All prospective Members shall be required to become a Member of the Cooperative by completing a formal application for electric service on the Cooperative’s standard form. The application for electric service shall constitute a binding contract between the applicant and the Cooperative in conformance to these Terms and Conditions for Supplying Electric Service, and the applicable rate schedule.

B. Enrollment Fee

Each Member shall be required to pay a non-refundable membership set up fee . No enrollment fee shall be charged to establish a membership of a surviving spouse of a deceased Member or to relocate an existing service.

C. Security Deposit

The Cooperative reserves the right to require a security deposit for a residential, commercial or industrial account.

D. Rate Schedule

The Cooperative shall make the determination of the appropriate rate schedule.

E. Lease & Affidavit

Members requesting service for disconnected services for nonpayment and/or delinquent services may be required to provide

1. Notarized lease document showing name of lessee, address, landlord with contact info, list of all occupants, and start date of the lease
2. Signed affidavit stating that the person whose name the service was previously in no longer lives at the location and will not be living there in the future

A. General Service Requirements:

A pre-construction meeting with a URE representative is required for any new electric service or line extension. The purpose of the meeting is to determine the location of distribution facilities including metering equipment and establish any applicable amount of Contribution in Aid of Construction(CIAC). A driveway must be established, and property pins must be installed and identified prior to the pre-construction meeting. Line extensions will normally be located along lot lines when appropriate. The Cooperative shall have sole discretion as to the location of all distribution facilities. Variance to Cooperative recommended location of distribution facilities may result in an additional CIAC charge to recover any additional expense to the Cooperative. If any property damage occurs as a result of the deviation, repairs are at the member’s expense.

The prospective Member, Builder or Developer requesting service shall provide an accurate site map indicating the proposed or existing structures, driveways, parking lot, leach field and any other underground facilities to assist with the engineering of the electric service and easement.

The Member, Builder, or Developer shall furnish and install the meter base in the manner and location specified by the Cooperative. The meter base shall be kept sealed, under control of the Cooperative and maintained by the Member. In those instances where electric service is supplied to a low-profile structure or meter pole separate and apart from the electric consuming facility, then the member or developer shall install a fused disconnect or breaker on the low-profile structure or meter pole on the member’s side of the meter base.

The point of service may be referred to as a point of delivery, the point of attachment, or the line of demarcation. The Cooperative shall extend its facilities to the point of attachment designated by the Cooperative on the Member’s pole, building or other suitable structure.

All electric facilities installed by the Cooperative shall remain its property unless otherwise agreed to in writing.

The Cooperative reserves the right to require adequate protective posts or barriers at the expense of the Member where electric facilities are installed in areas of vehicular traffic.

The Member shall provide an unobstructed path at the Cooperative’s specified width for overhead or underground line extensions. For underground line extensions the path must be within six inches (6″) of final grade. The Member shall be responsible for the installation of conduit raceway as required by the Cooperative, Including, but not limited to, paved driveways and parking lot crossings in accordance with Cooperative specifications for underground installations. The Cooperative is not responsible for excavation settlement after construction. No electric facilities will be installed until paths are cleared, required conduits are in place and the grade slip has been submitted to the Cooperative.

The Cooperative reserves the right to assess the Member a trip charge for any additional trips to the job site caused by issues attributable to the member. Additionally, the Cooperative reserves the right to de-energize any of its facilities if the grade is not to its safety standards or if additional hazards are present that could compromise the safety of personnel, equipment or the public.

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B. Utility Easement Agreement

At the discretion of the Cooperative, an easement may be required for electric facilities.
Easement(s) must be executed by the property owner(s) on the Cooperative’s standard utility easement agreement. If the Member is not the owner of the property to be supplied with electric service or utility easement must be obtained from any adjoining property owners, the Member shall be ultimately responsible to obtain all necessary utility easements from any and all property owners necessary to furnish said electric service.

The member shall grant to the Cooperative and the Cooperative will maintain easement(s) and/or road right-of-way according to its specifications with the right to cut, trim and control the growth of vegetation using mechanical or chemical methods within the easement and/or road right -of-way or that may interfere with or threaten to endanger the operation or maintenance of the Cooperative’s electric facilities.

No fence, guardrail, wall, rocks, or other obstruction shall be placed near pad-mounted equipment (e.g., transformers, handholes, pedestals, or switchgear) that would limit the Cooperative from performing operation, maintenance, or repair of the equipment. This includes any tree, shrub, bush, or other vegetation that would have to be removed to operate, maintain, or replace equipment. The minimum clearance is three (3) feet from the back and sides, and ten (10) feet from the front of all pad-mounted equipment or any side with an access door. Additionally, a member shall not cover (even partially) any of these devices with plants, mulch, dirt, rocks, artificial rocks, or other landscaping as this prevents them from being quickly located, safely operated, as well as accelerating their corrosion. The Cooperative shall not be responsible for replacing shrubs, plants, fences, wall screenings, or other obstructions that need to be removed for maintenance or
restoration work.

The minimum easement width, which may include road right of way, shall be as follows:

*Any deviation from these parameters must be mutually agreed upon by the member and the Cooperative. All easements must be properly documented and recorded with the appropriate County Agency.

The member shall be responsible for providing a clear unobstructed path free of vegetation and debris 6 inches from final grade prior to the installation of electric facilities. Permanent service shall not be energized until all applicable permits and/or easement(s) are received and all fees and/or CIAC (contribution in-aid to construction) are paid.

The Cooperative reserves the right to require adequate protective posts or barriers at the expense of the Member where electric facilities are installed in areas of vehicular traffic.

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C. INSPECTIONS AND PERMITTING

Proof of Authority to Energize or Electrical Inspection pass ticket from government authority shall be required prior to energizing permanent electric services, non-cooperative temporary electric or electric service upgrades. All other activities shall require proof of permitting where a permit is required.

If no governmental authority has jurisdiction over the wiring owned by the Member, said
Member wiring shall be installed in accordance with the current edition of the National Electrical code and the specifications and regulations of the Cooperative.

When the Cooperative deems that a potentially hazardous condition exists, it may refuse to energize the Member’s service until the Member remedies any deficiencies.

Service Restoration – Fire or Flood: If the meter or service entrance equipment has been subjected to fire or flood conditions, an inspection from the above referenced authorities, and a release, when applicable, from a Fire Marshall or equivalent authority is required before service will be restored.

D. Single-Phase Service

1. Single-Family Residence:

A permanent single-family residence is defined as a habitable structure used year-round with a permanent foundation, its own water and sewage system and requiring a supply voltage limited to 120/240 volts.

The Cooperative shall extend up to five spans of single-phase primary electric distribution facilities to a permanent single-family residence at no cost to the Member constructed along and immediately adjacent to any existing road right of way limits having been legally dedicated for public use by a governmental authority.

The Cooperative will supply and install the service conductors from the transformer to the point of service. Residential Service exceeding 320 Amps in size will be evaluated on a case-by-case basis.

The measurement to calculate the CIAC shall begin from the nearest existing electrical distribution facilities from which the line extension is to be constructed, or from the nearest public road right -of way when existing facilities are installed on the opposite side of the roadway. The measurement shall follow the proposed path as determined by the Cooperative and will normally be located along property lines when practical.

Additional charges may apply if the original path of the line extension changes at the request of or caused by the Member/builder or for reasons deemed appropriate by URE.

Payment of the CIAC must be made in full prior to a permanent service being energized.

The Cooperative has authority granted by the Board of Trustees to use its discretion to waive a portion or all of the CIAC when the owner/builder has choice of the electric supplier due to territorial lot split.

2. Single-Phase Commercial:

A commercial service is defined as an electric service provided to a property where, as determined by the Cooperative, the elements of a business operation exist, this includes offices, retail stores, warehouses, factories, schools, churches, and other non-residential facilities, where supply voltages are limited to 120/240, 240/480 volts, and where electric service is normally used on a year-round basis.

The Cooperative will extend single-phase electric distribution facilities to the designated point of service and provide the necessary CTs, PTs, meter base and meter for services of 400 amps and above. The Member is responsible for providing and installing meter bases, CT/PT cabinets, disconnect switches, concrete transformer pads, grounding grid, underground conduits, transformer protection posts and cable trenching required for the secondary service. The member will provide and install service conductors and transformer connection lugs.

All 480-volt services must have a lockable disconnect switch, capable of isolating all conductors, installed ahead of the meter base.

All meter bases, CT/PT cabinets or service disconnect switches mounted in a location exposed to vehicular traffic or delivery docks must be shielded from contact with protection posts or railing. These protection devices should not interfere with the ability to remove meters or opening of the utility equipment doors. Overhead service to a commercial building will be at the discretion of the Cooperative.

The Member or builder shall be required to pay a contribution in aid of construction (CIAC) equal to 100% of the actual cost of all electric distribution facilities necessary to provide electric service from the point of attachment of existing distribution facilities to the point of service. This includes any line extensions constructed along a public road right-of-way. The CIAC amount may be reduced if the projected revenue is sufficient to justify the investment and operating expenses as determined by the Cooperative.

3. Other Temporary, Permanent, or Seasonal Single-Phase Services:

The Cooperative shall extend single-phase electric distribution facilities to a member, for uses that do not qualify as a single-phase residential or single phase commercial service, as defined by the Cooperative, provided the required supply voltage is 120/240, 240/480. Such services include, but are not limited to, a barn, garage, pump, grain dryer, cabin, trailer, billboard, etc.

The Member or builder shall be required to pay a contribution in aid of construction (CIAC) equal to 100% of the actual cost for all electric distribution facilities necessary to provide electric service from the point of service to existing distribution facilities. This includes any line extensions constructed along a public road right-of-way.

The Cooperative encourages Members or prospective Members to provide electric service to these types of loads from the existing service panel if possible. When this is not practical, the Cooperative will provide the engineering services for one (1) cost estimate upon receipt of a non-refundable Engineering Fee, which will be credited toward the completion of the project. Members or prospective Members may be charged a trip fee for each additional field visit requested beyond the initial site visit required for re-engineering or revised cost estimates.

A. REFUND ELIGIBILITY FOR SUBSEQUENT SINGLE PHASE RESIDENTIAL SERVICE

If a member initially installs a permanent, or seasonal single-phase service and        subsequently connects a single family residential service to the same facilities, the member may be eligible for a partial refund, provided the following is met:

1. The residential service is served from the existing permanent, or seasonal single-phase facilities and has received an inspection for permanent electric service within 36 months of the date in which the original permanent single-phase service was energized.

The amount of the refund shall be determined at the discretion of the Cooperative.

Reconnection of a temporary, permanent or seasonal service having been disconnected at the request of the Member shall be charged a connect fee in addition to a sum equal to the monthly base charge specified in the applicable rate schedule for each month the service was disconnected.

4. SINGLE-PHASE MULTI-UNIT RESIDENCE:

A multiple unit residence is defined as a single property or structure that contains two or more separate dwelling units intended for independent occupancy, such as apartment buildings, duplexes, or similar residential complexes, typically sharing common walls, utilities, or access areas and require a supply voltage limited to 120/240 volts.

The Cooperative reserves the right to require multiple-unit residence to be separately metered. The Member or owner of an apartment house or a single-family house which is converted or constructed for separate and individual living quarters or dwelling units for more than one family, shall, at the owners expense, install separate wiring so that each dwelling unit can be individually metered and billed.

The Member or owner shall also be responsible for providing and installing gang meter bases that are used to separate services. The meter bases shall be subject to the approval of the Cooperative.

All multi-unit buildings, that receive electric service from a single transformer are required to provide a lockable load break disconnect switch so that service to individual tenants may be interrupted for maintenance purposes.

Members with services exceeding 400 amps will be required to provide and install service
conductors and transformer connection lugs. Any conduit crossings for services will be provided and installed by the Member.

All gang meter bases shall have each service location labeled with a permanent identification tag to correctly identify which meter corresponds to a particular dwelling, in accordance with the current edition of the National Electric Code.

5. SINGLE-PHASE TEMPORARY RESIDENTIAL CONSTRUCTION SERVICE (PER SERVICE):

A temporary construction service is defined as a short-term electrical service installed to supply power during the construction phase of a project. It shall not exceed a 12-month duration unless the extended temporary service costs outlined below are paid.

A Member or the Member’s contractor may request temporary construction power during construction, remodeling, maintenance, repair, or demolition. The Cooperative may install a temporary service structure at no charge, or the Member may install his/her own temporary service structure in accordance with Cooperative specifications. Modification or damage to URE’s temporary service will result in additional charges.

• Single-phase Member owned temporary structure: $0.00
• URE supplied single-phase temporary structure: $0.00 first year
• URE supplied single-phase temporary structure/year: $300 per year after first year

6. SINGLE-PHASE TEMPORARY COMMERCIAL CONSTRUCTION SERVICE (PER SERVICE):

A single-phase temporary commercial construction service is defined as an electric service provided for a limited duration to supply power for construction-related activities at a commercial site prior to the installation of permanent electric service with a supply voltage limited to 120/240 volts.

The Cooperative may provide single-phase temporary commercial construction service upon request. The member or their contractor shall be responsible for 100% of the costs associated with the construction and retirement of the temporary facilities, as a contribution in aid of construction. All CIAC charges must be paid in full prior to the commencement of any construction activities by the Cooperative.

Any electric facilities required to be installed for the purpose of providing the temporary service shall fall under the appropriate line extension guidelines for determining CIAC.

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E. RESIDENTIAL DEVELOPMENTS

Residential Developments (subdivisions) are defined as single family homes or condominiums that meet the following criteria:

• The development is recorded and platted by the Developer with all required electric and other utility easements clearly defined.
• Lots are served by dedicated public roadways maintained by a governmental authority.

In addition, residential developments must also meet 2 or more of the following criteria:

• Average density of no less than two single family residences per acre.
• Street and building lot layouts that allow the Cooperative to serve a minimum average of two homes per transformer.
• Provides 15 building lots or more.

Lots served by dedicated public roadways maintained by a governmental authority Residential plats (subdivisions) must also meet 2 or more of the following criteria:

• Average density of no less than two single family residence per acre
• Street and building lot layouts that allow the Cooperative to serve a minimum average of two homes per transformer
• Provides 15 building lots or more

The Developer and the Cooperative shall execute a written Developer Agreement outlining payment requirements and other terms of construction and service prior to facilities being installed.

The following costs are based on the Cooperative’s standard installation practices and assume that residential services will generally be limited to 200 amps. Services exceeding 200 amps will be permitted subject to Cooperative review and payment of appropriate CIAC.

• Front lot $1500 per lot
• Rear lot $2100 per lot

The Cooperative reserves the right to require the developer to install conduit raceway for all or portions of the cables to be installed in the development.

For developments that do not meet the criteria of a residential plat, the Cooperative shall determine the requirements for installation of its primary facilities and, at its sole discretion, may require a contribution in aid of construction. Any required CIAC shall be paid in full prior to the installation of the Cooperative’s primary facilities.

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F. Commercial Developments

Commercial Developments shall be defined as a large tract of land developed for the express purpose of locating multiple businesses and industries. The Cooperative shall locate and install primary distribution facilities within platted and recorded easements designated for electric utilities. The Developer will be required to pay a contribution-in-aid of construction for the installation of Cooperative facilities –to be determined through an economic analysis of the proposed business revenues and cost to serve. Individual businesses or industries may be required to provide additional CIAC for their services which is beyond the primary distribution provided to the development.

The location of primary distribution facilities for any type development shall be based on sound engineering standards and least cost approach to the Cooperative. Any variance to the location of the distribution facilities by the Developer or other controlling authorities may result in additional contribution in aid of construction assessed to the Developer to recover any additional expense to the Cooperative.

The Developer must sign an Agreement for Electric Facilities.

The Cooperative reserves the right to require the developer to install conduit raceway for all or portions of the cables to be installed in the development.

The Cooperative shall have sole discretion of charging a CIAC based on a percentage of a minimum of 40% up to 100% of the total estimated cost to install electric facilities. The amount of the CIAC shall be determined at the sole discretion of the Cooperative. The CIAC must be paid in advance of installation of electric primary facilities.

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G. Outdoor Lighting

1. Private Lighting

Any Member may request lighting from the Cooperative to provide lighting to private property available in post-top, flood and mast arm units. A contribution in aid of construction shall be required prior to the installation of any private light. The Member shall be responsible for 100% of the associated work order cost, less the cost of the light fixture.

2. Public Street Lighting

Street lighting services are available to governmental bodies and developers to provide roadway lighting on public roads. The services will be provided under contract to governmental agencies and under standard tariffs to commercial and industrial Members. A contribution in aid of construction equal to 100% of the associated work order cost shall be required prior to the installation of street light facilities installed by the Cooperative.

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H. Three-Phase Service

1. Individual Three-Phase Services

An individual three-phase service is defined as an electric service supplied to a single location. The service is not shared with other members or units, includes its own metering, service conductors, disconnecting means and requires a supply voltage of 120/208, or 277/480.

For all three-phase services the Member shall be responsible for the installation of any concrete transformer pads, grounding grid, switchgear pads, secondary cabinets, transformer pad grounding, transformer protection posts, secondary service cables, service cable connection lugs and conduit raceways as specified by the Cooperative in accordance with Cooperative standards and the latest edition of the National Electric Code.

• • Three-phase services less than 400 amps:

The member shall be responsible for installing a three-phase meter base. The Cooperative will
provide the meter base and meter for the member’s facility.

• • Three-phase services 400 amps but less than 1000 amps:

The Member shall provide and install a CT/PT cabinet. The member is responsible for providing Polaris style connections in the CT/PT cabinet. The Cooperative will provide the necessary CT/PT metering devices, meter base, and meter.

• • Three-phase services 1000 amps or larger:

A Cooperative-specific metering cabinet is required. This cabinet will be provided by the Cooperative but paid for and installed by the Member. The Cooperative will supply the CT/PT metering devices, meter base, and meter.

All 480-volt services up to 600 Amps, must have a lockable disconnect switch before the CT/PT cabinet, or, if no CT/PT cabinet is required, ahead of the meter base.

The Member shall be responsible for providing adequate access to the transformer including a road base to the transformer sufficient for the Cooperative’s utility vehicles.

The Member may be required to pay a contribution in aid of construction (CIAC). This includes any line extensions along a public road right-of-way. The CIAC amount shall be calculated based on the projected revenue as determined by the Cooperative.

2. Three-Phase Multiple Tenant Service

A three-phase multi-tenant service is defined as an electric service in which three-phase power is supplied from a common three-phase source to a building or facility containing multiple individual services. The service is shared among two or more tenants and consists of a single three-phase service entrance, a supply voltage of 120/208 or 277/480, with individual meter bases, meters, and disconnects, to separately measure usage and control power for each tenant.

For all three-phase services the Member shall be responsible for the installation of any concrete transformer pads, grounding grid, switchgear pads, secondary cabinets, transformer pad grounding, transformer protection posts, secondary service cables, service cable connection lugs and conduit raceways as specified by the Cooperative in accordance with Cooperative standards.

• • Three-phase services less than 400 amps:

    The member shall be responsible for installing a three-phase meter base. The Cooperative will provide the meter base and meter for the member’s facility.

  • Three-phase services 400 amps but less than 1000 amps:

    The Member shall provide and install a CT/PT cabinet. The member is responsible for providing Polaris style connections in the CT/PT cabinet. The Cooperative will provide the necessary CT/PT metering devices, meter base, and meter.

  • Three-phase services 1000 amps or larger:

    A Cooperative-specific metering cabinet is required. This cabinet will be provided by the Cooperative but paid for and installed by the Member. The Cooperative will supply the CT/PT metering devices, meter base, and meter.

All multi-tenant buildings that receive electric service from a single transformer are required to provide a lockable load break disconnect switch before each meter base or CT/PT cabinet for each tenant service so that service to individual tenants may be interrupted for maintenance purposes.

All gang meter bases shall have each service location labeled with a permanent identification tag to correctly identify which meter corresponds to a particular dwelling, in accordance with the current edition of the National Electric Code.

The Member may be required to pay a contribution in aid of construction (CIAC). This includes any line extensions along a public road right-of-way. The CIAC amount shall be calculated based on the projected revenue as determined by the Cooperative.

3. Temporary Three-Phase Service

A temporary three-phase service is defined as an electric service supplied on a temporary basis to a single location for construction, maintenance, testing, or similar short-term purposes. The service is not shared with other Members or units and includes its own metering, service conductors, and disconnecting means. Temporary three-phase service is intended for limited duration use and shall be installed in accordance with Cooperative requirements and applicable codes. Approved supply voltages include 120/208 or 277/480.

The Cooperative may provide temporary three-phase service upon request. The member or their contractor shall be responsible for 100% of the costs associated with the construction and retirement of the temporary facilities, as a contribution in aid of construction. All CIAC charges must be paid in full prior to the commencement of any construction activities by the Cooperative.

A. Use of Electric & Power Conditioning

The electricity supplied by the Cooperative is for the exclusive use of the Member on the premises to which such energy is delivered by the Cooperative. Service shall not be shared with another, sold to another or transmitted off the premises unless approved by the Cooperative. If this restriction is violated, the Cooperative reserves the right to discontinue electric service without notice.

The Member’s electrical equipment shall be operated and controlled so as not to cause electrical disturbances on the Cooperative’s system or to be detrimental to the service furnished by other Members of the Cooperative.

The Cooperative reserves the right to require the Commercial or Industrial Member to install at the Member’s expense such power factor corrective equipment to achieve a minimum of 92.5% power factor; and to require any necessary equipment to prevent undue voltage fluctuations so that it is not necessary for the Cooperative to supply excess capacity and facilities. The Cooperative reserves the right to require the Member to install such controls that are necessary to prevent voltage or other disturbances on the Cooperative’s system that would be detrimental to service furnished to other Members.

Where the Member installs equipment/appliances with sensitive electronic components such as computer microprocessors and other devices containing programmable controllers, it is understood that the Cooperative cannot guarantee to provide the special voltage and power needs required by sensitive electronic equipment at all times. It shall be the responsibility of the Member to install, own, operate and maintain appropriate “power conditioning equipment” in order to protect such devices from damage due to power line noise, voltage fluctuations, power interruptions, spikes, transient surges, harmonic distortions or other types of power disturbances which may be construed
as being less than suitable to such sensitive electronic components.

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B. Member Responsibility

The point at which service is delivered by the Cooperative to the Member, to be known as a “point of delivery,” shall be the point at which the Member’s facilities are connected to the Cooperative’s facilities. The Cooperative’s responsibility and liability terminates at the point where the Cooperative’s service drop conductors first contact Member’s building structure, mast pipe or other such service terminating structures or facilities.

All such terminating facilities shall be approved by the Cooperative but shall be owned, operated and maintained by the Member. If the meter base needs to be inspected or worked on, the Member needs to contact the office to set up a date and time so the service can be disconnected.

The Cooperative reserves the right, but shall not have the duty, to determine the suitability of apparatus or electrical facilities to be connected to its lines, to determine whether the operation of such shall be detrimental to its general supply of electricity, and further reserves the right to refuse to supply, or to discontinue the supply of electricity until such time as the Member shall conform to the Cooperative’s regulations. The Cooperative reserves the right to disconnect the service and remove its facilities, without notice, when it determines that the Member’s terminating structure or facilities are inadequate or present a safety concern to the member, personnel, the public, or the
electric system.

1. ELECTRICAL DESIGN AND CODE COMPLIANCE
   The Member shall use reasonable care in designing the electric wiring and circuits. The Member’s electric loads shall be connected to Member’s circuits so that the loads on the individual phases, legs and circuits of the Cooperative’s service conductors are properly balanced. The electrical facilities must conform to the latest edition of National Electric Code, that the County Inspection Agency has adopted. In no event shall the Cooperative be under any obligation to inspect the electrical facilities of the Member, but where the Cooperative has a reason to believe that the electrical facilities of the Member do not comply with recognized requirements, the Cooperative may refuse to supply electricity to the Member.

2. LOAD CHANGES AND UNUSUAL EQUIPMENT
   The Member shall be responsible for notifying the Cooperative of any plans for adding electrical facilities that might overload or impair the electrical service or the facilities of the Cooperative. The Cooperative will upgrade its facilities at no charge to the Member if, as determined by the Cooperative, the probable additional revenue is sufficient to justify the investment and operating expenses involved or a CIAC will be charged. The Member shall also notify the Cooperative of unusual electrical facilities to be added and obtain the consent of the Cooperative for the use thereof.

3. EXCAVATION AND ONE-CALL REQUIREMENTS
   By state law, before any excavation begins, Members or their Contractors are required to follow the State’s one-call procedure. Members/Contractors can familiarize themselves with the requirements of the procedure by contacting Ohio 811/OUPS at 1-800-362-2764 or the www.OUPS.org website.

   To simplify the “Call Before You Dig” calling process, Members/Contractors can call 8-1-1 to route their call to Ohio811/OUPS or enter a ticket on-line via the OUPS.org website. By law, excavators must contact OUPS at least 48 hours prior to excavation. Be aware that private member owned private lines will not be marked as a result of contacting 811. Members need to make arrangements to have their own facilities marked by a contractor of their choice.

4. PROTECTION OF COOPERATIVE PROPERTY
   The Member shall be responsible at all times for the safekeeping of all Cooperative property installed on the Member’s premises and to that end shall give no one, except authorized Cooperative employees, access to such property.

   The Member shall be liable for the cost of repairs or damage to the Cooperative’s property on the Member’s premises resulting from the negligence of, or misuse by the member or any party other than Cooperative employees. In the event of damage to the Cooperative’s property on the Member’s premises, the Cooperative may require a reasonable security deposit to insure payment for repairs in the event of future damage.

5. CONSTRUCTION, OBSTRUCTIONS, AND CLEARANCES FROM COOPERATIVE FACILITIES
   Members shall not construct, install, or permit the construction or installation of any building, structure, enclosure, fence, wall, deck, landscaping, or other improvement that encloses, obstructs, restricts access to, or otherwise interferes with Cooperative owned equipment, including but not limited to meters, meter bases, transformer cabinets, pedestals, switchgear, pad-mounted equipment, poles, guy wires, or underground facilities and wire. Cooperative equipment must remain fully accessible at all times for operation, inspection, maintenance, repair, replacement, and emergency response.

   Any enclosure or construction installed without the prior written approval of the Cooperative shall be subject to removal or modification at the Member’s sole expense. The Cooperative reserves the right to require the relocation of Cooperative facilities or the Member’s facilities, at the Member’s expense, if access is restricted or if the installation creates a safety concern. The Cooperative may disconnect service without notice if such construction or enclosure presents a hazard to Cooperative personnel, the Member, the public, or the electric system.

   Members shall not install or construct buildings, structures, signs, flagpoles, light standards, antennas, aerials, or similar items under, over, or near the Cooperative’s electric lines in a manner that could cause them to contact, be raised into, or fall onto such lines. All installations must allow for safe maintenance of the lines in accordance with the National Electrical Safety Code (NESC) and other applicable safety standards. The Member is responsible for ensuring that their structures do not interfere with or endanger Cooperative facilities.

6. TAMPERING, ACCESS, AND RIGHT OF ENTRY
   Members will be held responsible for tampering with, interfering with, or breaking of seals of meters, or other Cooperative equipment installed on the Member’s premises. The member hereby agrees that no one except the employees of the Cooperative shall be allowed to make any internal or external adjustments of any meter or any other piece of apparatus which is the property of the cooperative.

   The Cooperative shall have the right during regular working hours and in emergencies to enter the premises of the consumer for the purpose of installing, reading, removing, testing, replacing or otherwise disposing of the apparatus and property, and the right of entire removal of the cooperative’s property in the event of the termination of the contract for any cause. The Member will keep the area where the Cooperative’s apparatus and property are located free from obstruction, danger and/or safety hazards. The Cooperative maintains the right to request the relocation of the members’ service at the expense of the Member. The Cooperative’s agent will, upon request, show credentials and state the reasons for requiring access.
   

7. LIMITATION OF LIABILITY
   The Cooperative shall not in any event be liable for loss injury or damage to any person or property whatsoever, resulting directly or indirectly from the Member’s use, misuse, equipment, or presence of the said electricity on the Member’s premises or elsewhere, after it passes the Cooperative’s metering equipment or other point of delivery; or for any loss or damage resulting from the presence, character or condition of the wires or electrical facilities of the Member. The Cooperative retains all responsibility only with respect to the actions of its employees in connection with property owned by the Cooperative.

8. PROHIBITED ATTACHMENTS AND OBSTRUCTIONS
   For safety reasons, nothing other than Cooperative owned equipment whether temporary or permanent may be attached, leaned against or generally blocking access to Cooperative owned electric facilities at any time. Any member-owned property including, but not limited to, signs, basketball equipment, security lights, etc. found to be attached, leaned against or generally blocking access to Cooperative owned facilities, will be immediately removed by the Cooperative. This provision does not apply to meter poles owned by the Cooperative with member-owned service wires and meter bases attached. The Cooperative does not allow painting of Cooperative owned equipment by the Member.

9. SWIMMING POOLS AND WATER FEATURES
   The Cooperative does not allow placing a swimming pool, spa, hot tub, or associated equipment under or within the minimum clearance distances specified by applicable electrical codes from existing overhead or underground electrical conductors. Overhead and underground conductors, including service drops, must meet minimum clearance requirements of the current edition of the NEC and any additional clearances required by the NESC or local building codes.

10. WORK NEAR COOPERATIVE FACILITIES
    Members or contractors must provide reasonable advance notice to the Cooperative before performing any work in close proximity to the Cooperative’s electric facilities where such work could present a safety hazard or result in noncompliance with applicable federal, state, or industry safety regulations, including but not limited to OSHA or the National Electrical Safety Code (NESC).

    Upon request, and at the Cooperative’s discretion, the Cooperative may arrange to cover, de-energize, relocate, or otherwise protect its facilities within the work area as deemed necessary to maintain safety and regulatory compliance.

    The Cooperative may charge the notifying Member or contractor for all costs incurred in connection with such protective measures, including labor, equipment, materials, and administrative expenses.
    

11. MEMBER-OWNED EQUIPMENT ISSUES
    If an outage call is requested and the issue is determined to be caused by wiring, equipment, breakers, or other conditions on the member’s side of the meter, a service charge may be assessed in accordance with the Cooperative’s current Schedule of Fees and Charges.

    Before requesting service, members are encouraged to check interior breakers, fuses, and other privately owned equipment.

12. CONSTRUCTION CREW TRIP CHARGE
    When a Member requests a service installation and confirms that the site is ready for the Cooperative to perform the work, but a construction crew is dispatched and is unable to proceed because the site is not ready, inaccessible, unsafe, or otherwise not prepared in accordance with Cooperative requirements, the Member may be assessed a Construction Crew Trip Charge.

    Conditions that may result in this charge include, but are not limited to:

    • Member facilities or equipment are incomplete or not compliant with Cooperative standards.
    • Required conduit, meter bases, or other Member-installed equipment are not installed or are improperly installed.
    • Access to the service location is restricted, including locked gates or blocked work areas.
    • The service location is not clearly identified or marked.
    • The work site is unsafe for crew access or operation.

    This Charge is intended to recover costs associated with mobilizing personnel, vehicles, and equipment. The applicable charge will be assessed in accordance with the Cooperative’s Schedule of Fees and Charges in effect at the time of the trip.

13. AFTER-HOURS NON-EMERGENCY CALL-OUT
    When a Member requests service outside the Cooperative’s normal business hours for a matter that is determined to be non-emergency in nature, and the Cooperative dispatches personnel to respond, the Member may be assessed an After-Hours Non-Emergency Call-Out charge.

    Non-emergency situations include, but are not limited to, service disconnects and reconnects, requests that do not involve an immediate threat to public safety, damage to Cooperative facilities, or an active outage affecting electric service to multiple Members.

    This charge is intended to recover the additional costs associated with overtime labor, travel time, vehicle and equipment use, required to respond outside of normal working hours. The applicable fee shall be assessed in accordance with the Cooperative’s Schedule of Fees and Charges in effect at the time of service.

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C. Meter Accuracy

The Cooperative will maintain an accuracy of its meters of plus or minus two percent in accordance with the Ohio Revised Code. The Cooperative, by employees or its agents, may visit the service and visually read the meter as deemed necessary by the Cooperative.

If a meter fails to register correctly, the meter will be replaced with a calibrated meter. Each new meter is tested and calibrated to plus or minus two percent accuracy before being placed in service at a given location. The arithmetic average of light load and full load tests will be used to determine overall accuracy of the meter.

Upon request by a Member, the Cooperative shall test the meter provided that such tests are not made more frequently than once in 24 months. If tests of meters are required by the Member to be made more frequently than once in 24 months, the Cooperative shall require a meter test fee. The fee will be refunded if the meter tests faster than 102 percent or slower than 98 percent.

If the meter is found to be in error greater than two percent, an adjustment will be made on the Member’s electric bill per section VI – Billing and Payment for Service. In the event the metering equipment installed by the Cooperative fails to properly register the energy during any period, the consumption for such period will be estimated upon all known facts and billed accordingly, or at the option of the Cooperative, shall be estimated from the amount of energy used during a period in which the Member operated under conditions similar to those existing during the period in which the metering equipment failed to properly register energy consumed.

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D. Estimated Bills

On occasion, the Cooperative will have a need to estimate member bills. Estimates for a service will be based on past use or the most appropriate use information available to the Cooperative.

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E. Idle Services

Any service that has been disconnected for a period longer than one year will be classified as abandoned and is considered an Idle Service. The Cooperative will attempt to contact the property owner to determine the future need for electric service when services have been disconnected and left idle. The Cooperative, at its discretion, may remove the idle electric facilities. If an idle service is removed and service is requested in the future at that location, the request will be treated as a new service. All costs associated with a new service installation will be calculated in accordance with the
line extension policy in effect at the time of the request. The Cooperative requires services that have been idle for more than 12 months to be inspected by the governmental authority prior to reconnect.

F. High Demand Equipment

If interested in using high demand electrical equipment such as Electric Vehicle Chargers, on demand electric water heaters or other such equipment, it is recommended to contact the Cooperative to understand the impact of these installations. At times, a contribution in aid of construction may be required.