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RES 2021-10 Adopted RESOLUTION NO. 2021-10 AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A MUNICIPAL LIGHTING AGREEMENT WITH DOMINION ENERGY SOUTH CAROLINA. INC. FOR THE CONVERSION OF STREET LIGHTS FROM HIGH INTENSITY DISCHARGE (HID)TO LIGHT EMITTING DIODE (LED)TYPE FIXTURES AND SETTING ASIDE PROJECTED COST SAVINGS TO OFFSET POTENTIAL FUTURE COST INCREASES WHEREAS, Dominion Energy South Carolina,Inc. (Dominion)furnishes and maintains over 2,000 HID street lights in the City; and WHEREAS, the City pays monthly service charges for street lights in accordance with the applicable rates established by the Public Service Commission of South Carolina(PSC); and WHEREAS,Dominion has proposed to convert approximately 1,300 eligible street lights to LED fixtures; and WHEREAS, advantages of LED fixtures include lower energy consumption, better quality lighting, longer service life, and communication capability; and WHEREAS,the current PSC rate for LED fixtures is approximately 20%higher than HID fixtures; and WHEREAS, the PSC has approved a Demand Side Management (DSM) incentive program offered by Dominion that would reduce the City's annual street lighting cost by approximately $14,000 annually for five years with the proposed LED conversion; and WHEREAS, City staff and the City Attorney have reviewed the Municipal Lighting Agreement for the LED conversion and found it to be acceptable. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof that, the City Administrator is authorized to execute the Agreement Covering Municipal Lighting with Dominion. BE IT FURTHER RESOLVED that street lighting savings resulting from the conversion of HID to LED fixtures, estimated at approximately $14,000 per year for five years, totaling $70,000, be designated in the Capital Projects Fund and restricted for future street lighting costs upon conclusion of the incentive period. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 15+h DAY OF March ,2021. //4� Robert A.Pettit, Mayor ATTEST: ��pp 1� Y� O)AIO 4h/ Sharon Lamar, City Clerk DocuSign Envelope ID:EA10A649-CCAA48B9-88F5-3E3FOD10E2EE AGREEMENT COVERING MUNICIPAL LIGHTING CITY OF NORTH AUGUSTA P O BOX 6400 NORTH AUGUSTA, SOUTH CAROLINA, 29861 This Agreement("Agreement") is entered into and effective this 21 et day of December,2020, by and between City of North Augusta ("Customer") and Dominion Energy South Carolina, Inc. ("Company"). In consideration of the mutual covenants and agreements herein contained,the same to be well and truly kept and performed, the sums of money to be paid, and the services to be rendered, the parties hereto covenant and agree with each other as follow, namely: ARTICLE I LIGHTING SERVICE: Company shall provide lighting service from dusk (one half (1/2) hour after sunset) to dawn (one half(1/2) hour before sunrise) each night during the Agreement period for a total of approximately four thousand (4000)hours of lighting per year. Customer agrees that lighting provided is ornamental in nature and is not designed for security or public safety. Company does not guarantee lighting level for security or public safety purposes. Customer agrees that lighting is not designed in accordance with the Illuminating Engineering Society (IES) recommended maintained luminance and illumination values for roadways and area lighting. ARTICLE II RATE: Customer shall be billed in accordance with Company's "Municipal Street Lighting," Rate 17, at the time of billing. A copy of the current version of Rate 17 is attached hereto and incorporated herein by reference. This rate is subject to change upon periodic review by the Public Service Commission of South Carolina (Commission), in the manner prescribed by law. Additionally, this Agreement and all services rendered hereunder are subject to Company's "General Terms and Conditions" as approved by the Commission as they may now exist or may be amended in the future. The"General Terms and Conditions"as they currently exist are attached to this Agreement. Rate Item Cost Qty Total ATBO Grey 72Watt LED 17 Fixture $12.34 953 $11760.02 ATBO Grey 108Watt LED 17 Fixture $13.67 44 $601.48 ATBO Grey 216Watt LED 17 Fixture $20.07 305 $6121.35 Total 1 1302 $18482.85 10 Year-Rate 17 Muni Ughting Page 1 of 6 March 11,2020 DESC DocuSign Envelope ID:EA10A649-CCAA48B9-88F5-3E3FOD10E2EE DSM Incentive: The Customer's conversion from High Intensity Discharge (HID) lamp-type fixtures to Light Emitting Diode (LED)type fixtures qualifies for a DSM incentive, the terms of which are set forth in the Addendum hereto. ARTICLE III AID-TO-CONSTRUCTION: Customer has requested, and Company has agreed to install facilities. No aid to construction is required for this project. ARTICLE IV INSTALLATION AND MAINTENANCE: Customer is responsible for locating and marking all facilities (irrigation, water, sewer, drainage, etc.) in areas where digging will take place if not part of the Palmetto Utility Protection Service (PUPS). Company is not responsible for any damage to Customer owned utilities such as irrigation, sewer, cable, water taps, etc. that have not been located or have been mis-located. Customer is responsible for obtaining all applicable authorizations and permissions from any governmental entities related to luminaires, poles, and/or related equipment. Customer is also responsible for compliance with, and informing Company of, any governmental ordinances as they may relate to lighting. Customer is responsible for and will pay to Company any and all costs associated with the removal, relocation or exchange of luminaires, poles and/or related equipment that are determined to be non-compliant by governmental entities. Company agrees to provide and install wiring and appurtenances for nine hundred fifty-three (953) ATBO Grey 72watt LED Fixtures, forty-four (44) ATBO Grey 108watt LED Fixtures, and three hundred and five (305) ATBO Grey 216watt LED Fixtures. This lighting installation will be located at Various Locations located in the City of north Augusta, South Carolina. The delivery voltage to these fixtures shall be 120v. At all times, Company will maintain ownership of luminaires and poles. Customer must notify Company of any non-functioning or mal-functioning luminaires. Company will not be responsible for any landscape or pavement replacement that may be necessary as a result of the Company installing the lighting facility or any landscape or pavement replacement that may be necessary as a result of the Company performing maintenance on the lighting facility. Customer will maintain a reasonable working distance around luminaires and poles. Customer Initial/Date ARTICLE V REPLACEMENT AND MAINTENANCE - ORDINARY: Company shall perform all ordinary replacement and maintenance on the equipment and appurtenances. This shall include the replacement of lamps, photocells, conductors, conduit and electrical connections due to normal wear and tear. The replacement photocells shall be limited to Company's standard twist-lock photocell. Non-standard equipment replacement may be delayed until such equipment can be ordered and delivered to Company, as non-standard equipment is not kept in Company inventory. 10 Year-Rate 17 Muni Lighting Page 2 of 6 March 11,2020 DESC DocuSign Envelope ID:EA10A649-CCAA-4889-88F6-3E3FODiCE2EE Company shall retain ownership of these facilities located on Customer's premises. If Customer elects, for any reason, to require removal, relocation, or modification of Company facilities, Customer is required to reimburse Company for all costs incurred by Company as a result of such removal, relocation, or modification. If action is taken by a governmental entity that requires the removal, relocation, or modification of Company's facilities, Customer is required to reimburse Company for all costs incurred by Company as a result of such removal, relocation, or modification. ARTICLE VI REPLACEMENT AND MAINTENANCE - EXTRAORDINARY: Company is responsible for the replacement and maintenance of extraordinary equipment and appurtenances, which shall include the replacement of the luminaires and poles and other associated equipment due to normal wear and tear. In the event of accidental damage or vandalism, Company shall bill Customer and hold Customer responsible for all extraordinary replacement and maintenance work that is not recovered by Company from third party tortfeasors. If Customer elects, for any reason, to require removal, relocation, or modification of Company facilities, Customer is required to reimburse Company for all costs incurred by Company as a result of such removal, relocation, or modification. If action is taken by a governmental entity that requires the removal, relocation, or modification of Company's facilities, Customer is required to reimburse Company for all costs incurred by Company as a result of such removal, relocation, or modification. ARTICLE VII TERM: Subject to the provisions of Articles VIII and IX, this contract shall continue for the full initial term of ten (10) years beginning the first month after installation date and continues thereafter from year to year until terminated by written notice of intention to terminate made by either Party to the other at least thirty (30) days prior to the end of the initial term or any extension thereof. ARTICLE VIII TERMINATION FOR DEFAULT BY CUSTOMER: The occurrence of any one or more of the following events by Customer shall constitute a default by Customer: 1) bankruptcy; 2) non- payment; 3) dissolution of business entity; 4) discontinuation of access; or 5) unauthorized modification of equipment. In the event of default, and notwithstanding the provisions of Article VII, Company reserves the right to terminate this Agreement at any time upon written notice to the Customer and, upon any such termination, the Customer shall pay the Company the early termination charges set forth in Article IX. ARTICLE IX EARLY TERMINATION CHARGE: Should Customer terminate this Agreement for any reason, prior to the end of either the initial term or any extension thereof, unless waived as provided for herein, Customer shall pay to Company a termination charge equal to the revenues, excluding fuel, for the remainder of the contract term; plus the sum of the original cost of the installed equipment, less accumulated depreciation through the effective termination date, plus removal and disposal costs, plus environmental remediation costs, less any applicable salvage values, the total cost of 10 Year-Rate 17 Muni Lighting Page 3 of 6 March 11,2020 DESC DocuSign Envelope ID:EA10A649-CCAA-48B9-88F5-3E3FODiCE2EE which shall not be less than zero. Company may waive a portion or all of the termination charge where (1)a successor agreement is executed prior to termination of this Agreement, (2) Customer is able to furnish Company with satisfactory evidence that a successor customer will occupy the premises within a reasonable time and contract for substantially the same service facilities, or (3) the facilities for serving have been fully depreciated. Company reserves the right to terminate this Agreement, for its convenience and due to no fault by Customer, and remove the lighting facilities, in which event no early termination charge shall be applied. ARTICLE X LIMITATION OF LIABILITY: THE PARTIES AGREE, AS AN ESSENTIAL CONDITION OF THIS AGREEMENT, THAT COMPANY SHALL HAVE NO LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY AS A RESULT OF THE SERVICES PROVIDED HEREUNDER OR COMPANY'S INSTALLATION, OPERATION, MAINTENANCE, OR REMOVAL OF THE LUMINAIRES, POLES, CONDUCTORS OR OTHER APPURTENANCES ASSOCIATED WITH THE LIGHTING FACILITIES EXCEPT TO THE EXTENT OF COMPANY'S GROSS NEGLIGENCE. IN NO EVENT WILL COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE LIABILITY OF COMPANY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE TWELVE MONTHS PRECEEDING THE EVENT WHICH GIVES RISE TO THE UNDERLYING CLAIM. ARTICLE XI WARRANTIES: COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY WARRANTY REGARDNG THE SERVICES PROVIDED HEREUNDER OR COMPANY'S INSTALLATION, OPERATION, MAINTENANCE, OR REMOVAL OF THE LUMINAIRES, POLES, CONDUCTORS OR OTHER APPURTENANCES ASSOCIATED WITH THE LIGHTING FACILITIES REGARDING THE SUITABILITY, PRACTICALITY, VIABILITY, OR FUNCTIONALITY OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER, EXCEPT AS SPECIFICALLY STATED HEREIN. COMPANY SPECIFICALLY DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL INCREASE SAFETY OR REDUCE THE POSSIBILITY OF CRIMINAL ACTIVITY. THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. ARTICLE XII FULL REQUIREMENTS: Customer must purchase all of its electrical requirements from the Company. ARTICLE XIII 10 Year-Rate 17 Muni Lighting Page 4 of 6 March 11,2020 DESC DocuSign Envelope ID:EA10A649-CCAA-48B9-88F5-3E3FOD10E2EE RIGHT OF WAY: Customer hereby grants Company free access and right of way to maintain install and remove any and all luminaires, poles, conductors and other appurtenances associated with the lighting facilities contained within this Agreement. If vegetation prevents access, Company may use reasonable means to remove vegetation to gain access. ARTICLE XIV CUSTOMER MODIFICATIONS: No modifications to luminaires, poles or related equipment may be made by Customer without prior written approval from Company. Company assumes no liability if luminaires, poles or related equipment are modified in any manner by Customer. ARTICLE XV ASSIGNMENT: No assignment of this Agreement, in whole or in part by Customer, will be made without the prior written consent of Company(and shall not relieve the assigning Party from liability hereunder), which consent will not be unreasonably withheld or delayed. ARTICLE XVI AMENDMENT: This Agreement may not be amended except by written agreement signed by an authorized representative of each Party. ARTICLE XVII REPRESENTATION: Each Party to the Agreement represents and warrants that it has full and complete authority to enter into and perform its respective obligations under this Agreement. Any person who executes this Agreement on behalf of either Party represents and warrants that he or she has full and complete authority to do so and that such represented Party shall be bound thereby. ARTICLE XVIII COVENANTS: This Agreement is an entire contract, each stipulation thereto being a part of the consideration for every other, and the terms, covenants, and conditions thereof inure to the benefit of and bind the successors and assigns of each of the parties hereto, as well as the parties themselves. ARTICLE XIX ENTIRE UNDERSTANDING: This Agreement contains the entire understanding of the Parties and supersedes all prior oral or written representation(s) concerning the subject matter hereof. 10 Year-Rate 17 Muni Lighting Page 5 of 6 March 11,2020 DESC DocuSign Envelope ID: EA10A649-CCAA48l39-88F5-3E3F0D1 CE2EE CITY OF NORTH AUGUSTA By: (Print Name): Jim Clifford Title: Date: DOMINION ENERGY SOUTH CAROLINA, INC. By (Print Name): Daniel F. Kassis Title: Vice President of Customer Relations and Renewables Date: Contract No. 10 Year-Rate 17 Muni Lighting Page 6 of 6 March 11,2020 DESC DocuSign Envelope ID:EA10A649-CCAA4889-88F5-3E3FOD10E2EE ADDENDUM The Public Service Commission of South Carolina ("Commission") has approved a Demand Side Management ("DSM") incentive program submitted by Dominion Energy South Carolina, Inc. ("Company") to convert overhead pole mounted light fixtures currently billed under the Company's "Rate 17 - Municipal Street Lighting" tariff from High Intensity Discharge (HID) lamp-type fixtures to Light Emitting Diode (LED) type fixtures. LED lighting reduces energy consumption by 30-60% depending on specific light fixtures replaced and installed. The capital cost of LED lighting fixtures is greater than HID lighting fixtures. The DSM incentive will be credited to Customer's bill on a monthly basis for a period of 5 years commencing at the next billing month after installation of each applicable LED fixture. The incentive amount is shown in an attachment as Exhibit A. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed in two identical counterparts each having the same legal significance as the other. DOMINION ENERGY SOUTH CAROLINA, INC. CITY OF NORTH AUGUSTA, SOUTH CAROLINA BY: BY: PRINT NAME: Daniel F.Kassis PRINT NAME 0 im Clifford TITLE:Vice President.Customer Relations and Renewables TITLE: DATE: DATE: MAILING ADDRESS: PO BOX 6400 NORTH AUGUSTA,SOUTH CAROLINA 29861 SERVICE ADDRESS: PO BOX 6400 CITY OF NORTH AUGUSTA, SOUTH CAROLINA 29861 ACCOUNT NO: 6189800037529 0 0 0 N m m 0 0 a m O m Exhibit A 0 Customer City,of North Augusta a Date 30/30/2020 N n Wattage Incentive Incentive yO Current LED Current No Savin84 per Month per Month Net Customer Savings per Annual:W h Quantity LED Light Fixture Cost/Manth HID Light Fixture Cast/Month (Par Fixture) )Per Fixture) )Total) Cost/Mwth Month Savings m 10 AT80 Grey 72w 5 1.826.12 1T6W MV OPEN $ 1,33052 140 $ 3.10 5 458.80 $ 1,367.S2 5 31001 82,880 IIn 6 ATBO Grey 72w $ 74.04 100W HPS OPEN $ 5502 4G $ 3.10 $ 18.60 5 55.44 5 (Q42) 1,104 co 781 ATBO Grey 72w $ 9,637.S4 150WHPSOPEN 5 7,864.67 99 $ 3.10 $ 2,421.10 5 7,216.44 S 649.23 309,276 m IB ATBO Grey 72w $ 122.12 150W HPS COBRA $ 184.68 99 $ 3.10 $ 55.80 $ 16632 $ 18.36 7,128 m 44 ATBOGrey 108. $ fH17.48 250W HPS CBfl OH $ fi89.48 185 $ 0.52 $ 22.88 $ 578.60 S 110.88 32,560 T 143 A782 Gre 216w $ 4,877.01 31i0W HP5 C08RA $ 4,182.03 203 5 433 S 1,052.29 $ 3,824.82 5 357.21 197,316 0 _ 48 AT82 Gre 116w $ 96336 400W MV CLSMN $ 1113.12 151 $ 4.33 $ 207b $ 755.52 S 57.60R!2,192 U 14 ATB2 Grey 216w $ 290.98 400W HPS COBRA 5 250,04 248 5 4.33 S 6D62 $ 22036 $ 29 68 ,688m 1102 $ 18,48295 $ 15,369.56 $ 4,297.83 5 14,185.02 S 1.1R4.54 ,344 m DocuSign Envelope ID:EA10A649-CCAAA8B9-88F5-3E3FOD1 CE2EE DOMINION ENERGY SOUTH CAROLINA, INC. ELECTRICITY RATE 17 MUNICIPAL STREET LIGHTING (Page 1 of 2) AVAILABILITY This rate is available to municipal customers using the Company's electric service for area and street lighting. RATE All night street lighting service where figures are mounted on Company's existing standard wooden poles which are a part of Companys ovemead distribution system will be charged for at the following rates: Lamp Charges kWh SIZE AND DESCRIPTION per Month per Month 9,000 Lumens (MH)(1 DOW)Closed Type S 10.47 37 15,000 Lumens (HPS)(150W)Open Type $ 10.07 57 15,000 Lumens (HPS)(150W)Closed Type S 10.26 62 30,000 Lumens (MH)(320W)Closed Type $ 17.28 123 50,000 Lumens (HPS)(400W)Closed Type $ 17.86 158 LED FIXTURE SIZE AND DESCRIPTION 8,000 Lumens (LED)(BOW)Open Type $ 9.59 20 8.600 Lumens (LED)(70W)Closed Type $ 12.34 24 12,700 Lumens (LED)(11OW)Closed Type S 13.67 35 25,500 Lumens (LED)(205W)Closed Type $ 20.07 68 32,300 Lumens (LED)(270W)Closed Type $ 24.18 91 The following fixtures are available for new installations only to maintain pattern sensitive areas: 9.500 Lumens (HPS)It OOW)Open Type $ 9.17 38 9,500 Lumens (HPS)(100W)Open Type(non-directional)-Retrofit $ 9.17 38 9,500 Lumens (HPS)(10(1 Closed Type S 9.92 38 15,000 Lumens (HPS)(150W)Open Type-Retrofit $ 10.03 63 15,000 Lumens (HPS)(150W)Closed Type-Retrofit $ 10.29 63 27.500 Lumens (HPS)(250W)Closed Type $ 15.67 102 45.000 Lumens (HPS)(360W)Closed Type-Retrofit $ 17.21 144 All night street lighting service in areas being served from Company's underground distribution system: The following figures which are available for new installations where excavation and back filling are provided for the Company and existing figures Previously billed as residential subdivision street lighting will be charged for at the following rates: Post-Top Mounted Luminaries Traditional Modern Classic Lamp Charges Lamp Charges Lamp Charges kWh per Month per Month per Month per Month 9,000 Lumens (MH)If OOW) $ 22,27 $ 22.27 $ 26.04 37 15,000 Lumens (HPS)(150W) $ 22.36 $ 22.36 5 2642 62 The following fixture is available for new installations only to maintain pattern sensitive areas: 9,500 Lumens (HPS)(100W)Traditional $ 20.82 37 15,000 Lumens (HIPS)(1 SOW)-Retrofit $ 22.34 $ 26.40 63 15,000 Lumens (HIPS)(I SOW)-Retrofit $ 22,36 62 Effective January 2009,selected existing light sets will no longer be available for new installations. Replacment light sets will only be available until inventory is depleted and will be replaced on a firstcorne,first-served basis-Affected lights are as follows: 4,000 Lumens (Mercury)(I OOW)Open Type(non-directional) $ 8.24 37 7.500 Lumens (Mercury)(175W-Traditional) $ 21,81 69 7,500 Lumens (Mercury)(175W-Modem) S 21.81 69 7.500 Lumens (Mercury)(175W-Classic) $ 25,69 69 7.500 Lumens (Mercury)(175W)Closed Type $ 10,20 69 7,500 Lumens (Mercury)(175W)Open Type(non-directional) $ 8.99 69 10,000 Lumens (Mercury)(250W)Closed Type $ 13.71 95 20,000 Lumens (Mercury)(400W)Closed Type $ 16,94 159 MINIMUM CHARGE When construction costs exceed four(4)times the estimated annual revenue excluding fuel revenue to be derived by the Company,the customer may make a contribution in aid of construction of the excess cost or pay the Company's standard facility rate on the excess construction cost in addition to the rate charges above. Effective for Bills Rendered On and After the First Billing Cycle of May 2020 Pursuant to Public Service Commission of South Carolina Order Nos.2020-331 and 2020-333 DocuSign Envelope ID:EA10A649-CCAA-48B9-88F6-3E3FOD10E2EE DOMINION ENERGY SOUTH CAROLINA, INC. ELECTRICITY RATE 17 MUNICIPAL STREET LIGHTING (Page 2 of 2) ADJUSTMENT FOR FUEL,VARIABLE ENVIRONMENTAL&AVOIDED CAPACITY,AND DISTRIBUTED ENERGY RESOURCE COSTS Fuel costs of$.02250 per kWh are included in the monthly lamp charge and are subject to adjustment by order of the Public Service Commission of South Carolina- PENSION COSTS COMPONENT The energy charges above include a Pension Costs component of-$.00017 per kWh as approved by the Public Service Commission of South Carolina. STORM DAMAGE COMPONENT Inclusion of a storm damage component has been indefinitely suspended until further order of the Public Service Commission of South Carolina. TAX RIDER The above charges will be reduced by 3.07%to reflect the Tax Rider as approved by the Public Service Commission of South Carolina. SALES AND FRANCHISE TAX To the above will be added any applicable sales tax,franchise fee or business license tax which may be assessed by any state or local governmental body. PAYMENTTERMS All bills are net and payable when rendered. TERM OF CONTRACT Contracts under this rate shall be written for a period of not less than ten(10)years,and such contract shall include a provision that the Municipality must purchase all of its electrical requirements from the Company.The Company reserves the right to remove its facilities when subject to vandalism or for other cogent reasons. SPECIAL PROVISIONS The Company will furnish, erect, operate and maintain all necessary equipment in accordance with its standard specifications. It is the customer's responsibility to notify the Company when equipment fails to operate properly.Non-standard service requiring underground,special fixtures and/or poles will be furnished only when the customer pays the difference in costs between such non-standard service and standard service or pays to the Company its normal monthly facility charge based on such difference in costs. GENERAL TERMS AND CONDITIONS The Company's General Terms and Conditions are incorporated by reference and are a part of this rate schedule. Effective for Bills Rendered On and After the First Billing Cycle of May 2020 Pursuant to Public Service Commission of South Carolina Order Nos.2020-331 and 2020-333 DocuSign Envelope ID:EA10A649-CCAA-48B9-68F5-3E3FOD10E2EE DOMINION ENERGY SOUTH CAROLINA, INC. Electric (Page 1 of 8) GENERAL TERMS AND CONDITIONS I. GENERAL A. FOREWORD 1. In contemplation of the mutual protection of both Dominion Energy South Carolina, Inc. and its Customers and for the purpose of rendering an impartial and more satisfactory service,the General Terms and Conditions of the Company are hereby set forth and filed with the Public Service Commission of South Carolina, which has jurisdiction over public utilities, so as to read as hereinafter set forth; the same being incorporated by reference in each contract or agreement for service. 2. These Terms and Conditions are supplementary to the Rules and Regulations issued by the Public Service Commission of South Carolina covering the operation of electric utilities in the State of South Carolina. 3. These Terms and Conditions may be supplemented for specific Customers by contract. 4. Dominion Energy South Carolina is referred to herein as "Company", and the user or prospective user is referred to as "Customer". The Public Service Commission of South Carolina is referred to as"Commission". B. Application Provisions of these Terms and Conditions apply to all persons, partnerships, corporations or others designated as Customers who are lawfully receiving electric service from Company under the prescribed Rate Schedules or contracts filed with the Commission. Receipt of service shall constitute a contract between Customers and the Company. No contract may be transferred without the written consent of the Company. C.Term of Service The rates prescribed by the Commission are based upon the supply of service to each individual Customer for a period of not less than one year, except as otherwise specifically provided under the terms of the particular Rate Schedule or contract covering such service. D.Terms and Conditions The Terms and Conditions contained herein are a part of every contract for service entered Into by the Company and govern all classes of service where applicable unless specifically modified as a provision or provisions contained in a particular Rate Schedule or contract. E.Selection of Appropriate Rate Where two or more Rate Schedules are available, the Company will attempt to assist the Customer to a reasonable extent in determining which Schedule to select. The Company may allow a buildup period not to exceed six months for new and expanding accounts during which time the contract demand and/or minimum demand specified in the Rate Schedule may be waived. It is the responsibility of the Customer to select the Rate and the Company will not assume responsibility for the choice. F.Temporary Service Temporary or seasonal service will be furnished under the appropriate General Service Rate Schedule to any Customer. Temporary service shall include all construction services having a life expectancy of one year or less. Payment is required in advance for the full cost of erecting and removing all lines, transformers, and other service facilities necessary for the supply of such service. G. Statements by Agents No representative of the Company has authority to modify any Rule of the Commission, provisions of Rate Schedules or to bind the Company by any promise or representation contrary thereto. Supersedes General Terms&Conditions Effective For Service Rendered On and After February 28,2018 For Electric Issued January 1,2008 Pursuant to Commission order No.2018-139 DocuSign Envelope ID:EASOA849-CCAA-48B9-88F5-3E3FODiCE2EE DOMINION ENERGY SOUTH CAROLINA, INC. Electric (Page 2 of 8) II. DEFINITIONS Except where the context otherwise indicates another or different meaning or intent, the following terms are intended and used and shall be construed to have meanings as follows: A. "Day" shall mean period of twenty-four (24) consecutive hours beginning at 12 o'clock Midnight Eastern Time or at such other hours as may be designated. B. "Month" or "Billing Month" shall mean the period between any two (2) regular readings of Company's meters which shall not be less than twenty-eight(28)days or more than thirty-four(34) days. C. "Year", unless otherwise designated, shall mean a period of 365 days commencing with the day of first delivery of electricity hereunder, and each 365 days thereafter except that in a year having a date of February 29,such year shall consist of 366 days. D. 'Premises" shall mean home, apartment, dwelling unit, shop, factory, business location (including signs and water and sewage pumps), church, or other building or structure which shelters the Customer for his individual or collective occupancy where all services may be taken from a single connection. E. "Service Point" or "Point of Interconnection" shall mean the point at which Company's and Customer's conductors are connected. F. "Standard Service" means a single service per premises from one electrical source and from existing overhead facilities. III. CONDITIONS OF SERVICE A. GENERAL The Customer shall consult with and furnish to the Company such information as the Company may require to determine the availability of the Company's Service at a particular location before proceeding with plans for any new or additional electric loads. No new or additional electric loads will be served if it is determined that such service will jeopardize service to existing Customers. Failure to give notice of additions or changes in load or location shall render the Customer liable for any damage to the meters or other apparatus and equipment of the Company,the Customer and/or other Customers caused by the additional load or changed installation. B.Character of Service Electric energy supplied by the Company shall be standard alternating current at a frequency of approximately 60 hertz and shall be delivered only at voltages and phases as specified by the Company. C. Rights-of-Way The Company shall not be required to extend its distribution and service facilities, for the purpose of rendering electric service to the Customer until satisfactory rights-of-way, easements or permits have been obtained from governmental agencies and property owners, at the Customer's expense to permit the installation, operation, and maintenance of the Company's lines and facilities. The Customer, in requesting or accepting service,thereby grants the Company without charge necessary rights-of-way and trimming and clearing privileges for its facilities along,across,and under property controlled by the Customer to the extent that such rights-of-way and trimming and clearing privileges for its facilities along, across, and under property controlled by the Customer are required, necessary or convenient to enable Company to supply service to the Customer and the Customer also grants the Company the right to continue to extend the Company's facilities on, across, or under property controlled by the customer with necessary trimming and clearing rights to serve other Customers. Customer shall maintain such right-of-way so as to grant Company continued access to its facilities by Company's vehicles and other power-operated equipment. Supersedes General Terms&Conditions Effective For Service Rendered On and Alter February 28,2018 For Electric Issued January 1,2008 Pursuant to Commission Order No.2018-139 DocuSign Envelope ID:EA10A649-CCAA48B9.88F5-3E3FOD10E2EE DOMINION ENERGY SOUTH CAROLINA, INC. Electric (Page 3 of 8) D.Customer's Installation Customer's service installations shall be made in accordance with these General Terms and Conditions, Specifications for Service and Meter Installations, existing provisions of the National Electrical Code, the Regulations of the National Board of Fire Underwriters and such other regulations as may be promulgated from time to time by any municipal bureau or other governmental agency having jurisdiction over the Customer's installation or premises. Customers wiring and equipment must be installed and maintained In accordance with the requirements of the local, municipal, state, and federal authorities, and the Customer shall keep in good and safe repair and condition such wiring and equipment on Customer's side of the service point exclusive of Company's metering facilities and equipment. Customer's service entrance requirements shall be stipulated in the Electric Service and Meter Installations Manual,and other manuals published by the Company and approved by the Commission. Before wiring a premise or purchasing equipment, the Customers shall give the Company notice and shall ascertain from the Company the character of service available at such premises. The Company may specify the voltage and phase of the electricity to be furnished, the location of the meter, and the point where the service connection shall be made. Customer's service entrance requirements shall be stipulated in the Electric Service and Meter Installations Manual, and other manuals published by the company and approved by the Commission. It is the standard practice of the Company to provide all requirements of service for the Customer through a single metering point at each premises. Where more than one service is required by the Customer, and requested services meet all applicable code requirements the Company will provide such additional service upon payment by the Customer to the Company of the charges above the first service. Each service point shall be a separate account. No new service will be connected without proper release from the inspecting authority having jurisdiction. Should there be no inspecting authority in the jurisdiction, the Company shall determine whether or not applicable codes are met and shall have no obligation to provide service until such time as they are met. Customer shall furnish at his sole expense any special facilities necessary to meet his particular requirements for service at other than the standard conditions specified under the provision of the applicable Rate Schedule. The Customer shall also provide protection for Customer's equipment from conditions beyond the Company's control including, but not limited to, protective devices for single-phase conditions. The Customer shall also provide a suitable place, foundation and housing where, in the judgment of the Company, it is deemed necessary to install transformers, regulators, control or protective equipment on the Customer's premise. All equipment supplied by the Company shall remain its exclusive property and Company shall have the right to remove the same from the premises of Customer at any time after termination of service for any cause. Should Customer elect,for any reason, to request relocation of Company's facilities or take any action,which requires such relocation, customer may be required to reimburse the Company for all costs as a result of such relocation. Company may relocate existing service and facilities, at Company's expense, when necessary for system design or operation and maintenance requirements. The Customer shall be responsible for the protection and safekeeping of the equipment and facilities of the Company while on the Customer's premises and shall not permit access thereto except by duly authorized representatives of the Company. Customer assumes responsibility and liability for damages and injuries caused by failure or malfunctions of Customer's equipment. Supersedes General Terms&Conditions Effective For service Rendered On and After February 28,2018 For Electric Issued January 1,2008 Pursuant to Commission Order No.2018-139 DocuSign Envelope ID:EA10A649-CCAAA8B9-88F5-3E3FOD10E2EE DOMINION ENERGY SOUTH CAROLINA, INC. Electric (Page 4 of 8) E.Special Equipment Where a separate transformer or other additional electrical utility standard equipment or capacity is to be used to eliminate Fluctuations or other effects detrimental to the quality of service to other Customers due to welding or X-ray equipment, etc., the Company may make a reasonable charge for the transformer equipment and line capacity required. In lieu of the above, the Company may require the Customer to either discontinue the operation of the equipment causing the disturbance or install the necessary motor generator set or other apparatus to eliminate the disturbance detrimental to the service of other Customers. F.Safe Access to Customer's Premises The duly authorized representatives of the Company shall be permitted safe access to Customer's premises at any and all reasonable times to inspect, operate and maintain the Company's and the Customer's facilities and equipment for any and all purposes connected with the delivery of service, the determination of connected load or other data to be used for billing purposes, the determination of Customer load requirements or the exercise of any and all rights under the agreement. G.Company's Installation and Service Where the Customer's requested service to be supplied by the Company does not produce revenue sufficient to support the expenditure required, the Company will determine in each case the amount of payment and form thereof that shall be required of the Customer. Electricity supplied by the Company shall not be electrically connected with any other source of electricity without reasonable written notice to the Company and agreement by the parties of such measures or conditions, if any,as may be required for reliability of both systems. Service supplied by the Company shall not be resold or assigned by the Company to others on a metered or unmetered basis; nor shall the Customer's wiring be connected to adjacent or other premises not owned or operated by the Customer without specific written approval of the Company and of the Commission. The Company's service facilities will be Installed above ground on poles or fixtures; however, underground facilities will be provided when requested in accordance with the Company's appropriate underground service publications. In Areas of Overhead Distribution: For new services, the Company will install and maintain an overhead service drop for loads up to 300 KVA from its overhead distribution system to the Customer's service connection provided the transformer can be placed in the proximity of the service point. The Company will maintain the overhead service drop for services existing prior to the effective date of these Terms and Conditions with loads up to 500 KVA. For residential Customers, if specifically requested by the Customer, the Company will install and maintain a single phase underground service to any residence (terrain permitting) provided the Customer pays in advance the difference in cost between a new overhead service and the new underground service of equal current carrying capacity. In Areas of Underground Distribution: The Company will install and maintain the necessary underground facilities to provide a point of service at the Customer's property line or at another location designated by the Company. For residential Customers,the Company will install and maintain a single-phase service to the service point as designated by Company, up to a maximum length of 125 feet. If the requested residential service to Company's designated service point exceeds 125 feet in length, the Customer will pay in advance the total additional cost for that portion in excess of 125 feet in length. For underground service other than residential,the Customer shall furnish, install and maintain necessary service conductors and conduit from their service equipment to the Company's designated point of service regardless of meter location. Supersedes General Terms&conditions Effecbve For Service Rendered On and After February 28,2018 For Electric Issued January 1,2008 Pursuant to commission Order No.2018-139 DocuSign Envelope ID:EA10A649-CCAA-48B9-88F5-3E3FOD10E2EE DOMINION ENERGY SOUTH CAROLINA, INC. Electric (Page 5 of 8) H.Term of Contract The Term of Contract for service shall be for a term of one year with automatic renewal except as otherwise provided in the applicable Rate Schedule. Where a large or special investment in service facilities is necessary, or other special conditions exist,contracts may be written for(1)a longer term than specified in the Rate Schedule, or (2) a special guarantee of revenue, or (3) a facility charge, or (4) all of these conditions as may be required to safeguard the Company's investment. I.Continuance of Service and Liability Therefore The Company does not guarantee continuous service. Company shall use reasonable diligence at all times to provide uninterrupted service but shall not be liable for any loss, cost damage or expense to any Customer occasioned by any failure to supply electricity according to the terms of the contract or by any interruption or reversal of the supply of electricity, if such failure, interruption or reversal is due to storm, lightning, fire, flood, drought, strike, or any cause beyond the control of the Company, or any cause except willful default or gross neglect on its part. The Company reserves the right to curtail or temporarily interrupt Customer's service when it shall become necessary in order that repairs, replacement or changes may be made in the Company's facilities and equipment,either on or off Customer's premises. The Company may impose reasonable restrictions on the use of service during peak periods of excessive demand or other difficulty,which jeopardizes the supply of service to any group of Customers. The Company may waive any minimum charge or guarantee payments for service upon written notice from and request of Customer during such time as the Customer's plant may be completely closed down as a result of strike, lockout, government order, fire, flood, or other acts of God: provided however, that Customer specifically agrees that the term of the service contract shall be extended for a period equal to the period of enforced shutdown. (See Section VII, Force Majeure). J. Denial or Discontinuance of Service The Company may refuse or discontinue service and remove the property of the Company without liability to the Customer, or tenants or occupants of the premises served, for any loss, cost, damage or expense occasioned by such refusal, discontinuance or removal, including but not limited to, any of the following reasons: 1. In the event of a condition determined by the Company to be hazardous or dangerous. 2. In the event Customer's equipment is used in such a manner as to adversely affect the Company's service to others. 3. In the event of unauthorized or fraudulent use of Company's service. 4. Unauthorized adjustments or tampering with Company's equipment. S. Customer's failure to fulfill his contractual obligations. 6. For failure of the Customer to permit the Company reasonable access to its equipment. 7. For nonpayment of bill for service rendered provided that the Company has made reasonable efforts to effect collection. 8. For failure of the Customer to provide the Company with a deposit. 9. For failure of the Customer to furnish permits, certificates, and rights-of-way, as necessary in obtaining service,or in the event such permissions are withdrawn or terminated. supersedes General Terms&Conditions Effective For Service Rendered On and After February 28,2018 For Electric Issued January 1,2008 Pursuant to Commission Order No.2018-139 DocuSign Envelope 10:EA10A649-CCAA-48B9-88F5-3E3FODiCE2EE DOMINION ENERGY SOUTH CAROLINA, INC. Electric (Page 6 of 8) 10. The Company shall not furnish its service to any applicant who at the time of such application is indebted or any member of his household is indebted under an undisputed bill for service, previously furnished such applicant or furnished any other member of the applicant's household or business. 11. The Company may terminate a Customer's service should the Customer be in arrears on an account for service at another premise. For the reason that the Customer's use of the utility service conflicts with, or violates orders,ordinances or laws of the State or any subdivision thereof, or of the Commission. 12. For failure of the Customer to comply with reasonable restrictions on the use of service. The Company may discontinue service without notice for reasons(1), (2),and (3) above. For the remainder of the reasons, the Customer shall be allowed a reasonable time in which to correct any discrepancy. 13. Failure of the Company to terminate or suspend service at any time after the occurrence of grounds therefore or to resort to any other legal remedy or to exercise any one or more of such alternative remedies, shall not waive or in any manner affect the Company's right to later resort to any or more of such rights or remedies on account of any such ground then existing or which may subsequently occur. K. Reconnection Charge Where the Company has discontinued service for reasons listed in Section III-J, the Customer is subject to a reconnection charge of$25.00 in addition to any other charges due and payable to the Company. In cases where both electric and gas service are reconnected at the same time on the same premises for the same Customer, only one charge will be made. Where the Customer interrupts or terminates service and subsequently requests reconnection of service at the same premises the reconnection charge will apply. IV. BILLING AND PAYMENT TERMS A. General The rates specified in the various service classifications are stated on a monthly basis. Unless extenuating circumstances prevent, the Company will read meters at regular monthly intervals and render bills accordingly. If for any reason a meter is not read,the Company may prepare an estimated bill based on the Customer's average use billed for the preceding 60 days or from other information as may be available. All such bills are to be paid in accordance with the standard payment terms, and are subject to adjustment on the basis of actual use of service as computed from the next reading taken by the Company's representative or for any circumstances known to have affected the quantity of service used. No more than one estimated bill shall be rendered within a 60-day period unless otherwise agreed to by the Customer or allowed by the Commission. All billing errors shall be adjusted in accordance with the Commission's Rules and Regulations. B.Customer's Obligations The Customer is responsible for electricity furnished and for all charges under the agreement until the end of term thereof. All bills shall be due and payable when rendered. Notice and collection of unpaid bills will be in accordance with the current Rules and Regulations of the Commission. No Claim or demand which the Customer may have against the Company shall be set off or counterclaimed against the payment of any sum of money due the Company by the Customer for services rendered. All such sums shall be paid in accordance with the agreement regardless of any claim or demand. Supersedes General Terms&Conditions Effective For Service Rendered On and After February 28,2018 For Electric Issued January I,2008 Pursuant to Commission Order No.2018-139 DocuSign Envelope ID:EAt0A649-CCAA48B9-88F5-3E3FOD10E2EE DOMINION ENERGY SOUTH CAROLINA, INC. Electric (Page 7 of 8) Should service be terminated, the Customer's deposit shall be applied to reduce or liquidate the account. Service may be restored upon payment of the account, in full, plus the late payment charge set forth below, the reconnection charge set forth above and a deposit as set forth below. C.Late Payment Charge A late payment charge of one and one half per cent(1 rh%)will be added to any balance remaining twenty- five(25)days after the billing date. D.Deposit A maximum deposit in an amount equal to an estimated two (2) months (60 days) bill for a new Customer or in an amount equal to the total actual bills of the highest two (2) consecutive months based on the experience of the preceding twelve (12) months or a portion of the year if on a seasonal basis may be required from the Customer as security for payment of the account before service is rendered or continued if any of the following conditions exist: (1) The Customer's past payment record to the Company shows delinquent payment practice; (2) A new Customer cannot furnish either a letter of good credit from a reliable source or any acceptable cosigner or guarantor on the Company's system to guarantee payment; (3) A Customer has no deposit and presently is delinquent in payments; (4) A Customer has had his service terminated for non-payment or fraudulent use. All deposits may be subject to review based on the actual experience of the Customer. The amount of the deposit may be adjusted upward or downward to reflect the actual billing experience and payment habits of the Customer. E.Service Charge The Company may make reasonable charges for work performed on or services rendered: 1) Upon Customer's request at the Customers premises when, at the time the request is made,service and equipment provided by the Company is in good working condition and in compliance with these General Terms and Conditions, Specifications for Service and Meter Installations, existing provisions of the National Electric Code, the Regulations of the National Board of Fire Underwriters and such other regulations as may be promulgated from time to time by any municipal bureau or other governmental agency having jurisdiction over the Customer's installation or premises; 2) To repair, replace, remove or gain access to Company's facilities or equipment where such repair, replacement or removal is made necessary by the willful action(s) of the Customer, members of the Customer's household or invitees of the Customer;or 3) To repair, replace, remove or gain access to Company's facilities or equipment where such repair, replacement or removal is made necessary by the negligent failure of the Customer to take timely action to correct or to notify the Company or other responsible party to correct conditions which led to the needed repair, replacement or removal, except that such charges shall be apportioned between the Customer and the Company to the extent that the Customer shall only bear that part of the costs which reflect the costs added by the Customer's negligence. Such charges cannot be assessed where the damage is caused by an Act of God except to the extent that the Customer failed timely to mitigate the damages. Such charges may include labor, material and transportation. Supersedes Geneml Terms&conditions Effective For service Rendered On and After February 28,2018 39 For Electic Issued January 1,2008 Pursuant to Commission Order No.2018-1 DocuSign Envelope ID:EA'IOA649-CCAA-4BB9-88F5-3E3FOD10E2EE DOMINION ENERGY SOUTH CAROLINA, INC. Electric (Page 8 of 8) V. COMPANY'S LIABILITY A. General The Company shall not be in any way responsible or liable for damages to or injuries sustained by the Customer or others, or by the equipment of the Customer or others by reason of the condition or character of Customer's wiring and equipment, or the wiring and equipment of others on the Customer's premises. The Company will not be responsible for the use; care or handling of electricity delivered to the Customer after it passes the service point. The Customer assumes responsibility and liability for damages and injuries caused by failures or malfunctions of Customer's equipment. VI. MEASUREMENT OF SERVICE A. Meter Testing on Request of Customer The Customer may, at any time, upon reasonable notice, make written request of the Company to test the accuracy of the meter or meters in use for his service. No deposit or payments shall be required from the Customer for such meter test if said meter has been in service at least one year without testing at Company's expense; otherwise the Customer shall deposit the estimated cost of the test; said deposit shall not exceed $15.00 without the approval of the Commission. The amount so deposited with Company shall be refunded or credited to the Customer, as a part of the settlement of the disputed account if the meter is found, when tested to register more than 2% fast or slow; otherwise the deposit shall be retained by the Company. B.Adjustments for Inaccurate Meters Where it is determined that the Company's meter is inaccurate or defective by more than 2% error in registration, bills shall be adjusted in accordance with the Commission Rules and Regulations. VII. FORCE MA]EURE A. General In the event Company is unable,wholly or in part, by reason of Force Majeure to carry out its obligations to provide service under its Rate Schedules or Contracts, the obligations of Company, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused but for no longer period and such cause shall,as far as possible,be remedied with all reasonable dispatch. The term "Force Majeure" as employed herein shall include, but not be limited to acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, extreme weather conditions, storms, Floods, washouts, arrest and restraints of governments and people, civil disturbances, explosions, breakage or accident to machinery or lines, the maintaining or repairing or alteration of machinery, equipment, structures or lines (which maintaining, repairing or alteration shall, however, be carried out in such manner as to cause the smallest practicable curtailments or interruption of deliveries of electricity), freezing of lines, partial or complete curtailment of deliveries under Company's electric purchase contracts, inability to obtain rights-of- way or permits or materials, equipment or supplies, any of the above, which shall, by the exercise of due diligence and care such party is unable to prevent or overcome, and any cause other than those enumerated herein (whether of the kind enumerated herein or otherwise) not within the control of the person claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the persons affected, and that the above requirement that any Farce Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts when such course is inadvisable in the discretion of the person affected thereby. supersedes General Terms&Conditions Effective For service Rendered On and After February 28,2018 For Electric Issued January 1,2008 Pursuant to Commission Order No.2018-139