Application and Contract
A. Application Procedures
All application procedures shall be performed in accordance with Section 4 of Chapter 810 and Chapter 860 of the MPUC Rules and Regulations for residential and non-residential customers, respectively. Application for gas service may be made at any business office of the Company. Whether or not a signed application for service is made by the Customer and accepted by the Company, the rendering of gas service by the Company and its use by the Customer shall be deemed a contract between the parties and subject to all provisions of the Tariff, as in effect from time to time, applicable to the service.
The application or the depositing of any sum of money by the applicant shall not require the Company to render service until the expiration of such time as may be reasonably required by the Company to determine if applicant has complied with the provisions of these Terms and Conditions and as may reasonably be required by the Company to install the required service facilities.
The Company shall not be required to serve any applicant if the distance of the premises to be served from an existing suitable distribution main, or the difficulty of access thereto, is such that the estimated annual income (revenue excluding gas costs) from the service applied for is insufficient to yield a reasonable return to the Company unless such application is accompanied by a cash payment or an arrangement satisfactory to the Company guaranteeing a stipulated revenue for a definite period of time or both. (See Service and Main Line Extensions and System Improvements section)
Except as otherwise specifically provided for under a rate or elsewhere herein, all rates are predicated on a period of service at one location of not less than twelve (12) consecutive months.
B. Temporary Use
Where service under the rate schedules is to be used for temporary purposes only, the Customer may be required to pay the cost of installation and removal of equipment required to render service in addition to payments for gas consumed. Said costs or installation and removal may be required to be paid in advance of any construction by the Company.
C. Unauthorized Use
Unauthorized connection to the Company’s gas service facilities, or use of service obtained from the Company without authority or through false pretense, may be terminated by the Company without notice if a clear and present danger to life, health, physical property, or the utility’s ability to serve other Customers exists. In any event, the use of service without proper notification to the Company will, in addition to any lawful remedies which the Company may have, render the user liable for the service so unlawfully used at the rate or rates applicable thereto; the amount thereof to be determined by the Company by measurement where possible, otherwise by estimate.
D. Election of Rate Schedules
Upon application for service or upon request, the applicant or Customer shall elect the applicable rate schedule best suited to the Customer s or applicant s requirements. The Company will upon request assist in making such election but does not guarantee that the Customer will be served under the most favorable rate schedule at all times. The Company shall not be held responsible for a Customer’s failing to elect the most favorable rate schedule and will not refund the difference in charge(s) under different rate schedules applicable to the same class of service. Upon notification of any material changes in the Customer’s equipment installations or load conditions, the Company will assist in determining if a change in rate schedules is desirable or necessary. Customer shall not be allowed more than one (1) such change in rate schedule within any twelve (12) month period unless such subsequent change is ordered or approved by the MPUC or required by an emergency condition beyond the control or the Customer. When new rates become effective, the Customer may change rate schedules at that time, regardless of whether the 12-month period has elapsed.