In an energy supply alert or energy emergency the public service commission, local governments and utilities shall cooperate in implementing the enforcement measures described in this rule as directed by the governor.

(1) In stages 1 and 2 of a supply alert:

(a) self-regulation and compliance is required by government institutions; and,

(b) utility and individual customer compliance with actions requested is at utility and customer discretion.

(2) In stage 1 of an energy emergency:

(a) if a complaint regarding violation of operating hours is filed with local government and the complaint is substan-tiated, the local government shall notify the retail, commercial, industrial or governmental establishment of such complaint and indicate that the supplying utility shall be requested to monitor energy consumption; and,

(b) The utility shall be prepared to monitor and record energy consumption of the customer and notify such customer that if stage 2 emergency actions are instituted, such customer shall be monitored on an individual basis rather than be subject to sampling procedures.

(3) In stage 2 of an energy emergency each utility shall establish a curtailment target as directed by the governor for all customers being monitored. The actual energy consumption of a customer shall be compared with the base period consumption less the required percentage curtailment (target) to determine customer compliance. (To the extent possible prior to an emergency, utilities should inform customers of what their consumption patterns have been and indicate what reductions may be required if emergency curtailment activities are ever instituted. This will promote an awareness of energy use and may promote conservation.) If a customer's actual consumption is above the target, then the customer may be penalized.

(4) During the first month of monitoring under stage 2 of an energy emergency, the utility shall notify all customers of surcharge rates for excess consumption and provide a description of the appeals procedure outlined in ARM 14.8.229. An appeal may result in an adjustment to the customer's base period, in which case no surcharge shall be assessed for the month in question. If no adjustments are merited and energy consumption exceeds the target, imposition of excess energy surcharge rates shall be directed by the governor.

(5) During an energy supply emergency, the rate setting procedures for any surcharge shall be coordinated and accelerated by the public service commission. The following surcharge provisions for excess usage are recommended:

(a) apply surcharges to entire bill:

(i) first month of excess use, 25% surcharge;

(ii) second consecutive month of excess use,50% surcharge;

(iii) third consecutive month of excess use,100% surcharge; and

(iv) after the third consecutive month of excess use, service termination for the period required to generate the target savings required in the previous three months of noncompliance.

(b) apply surcharge only to excess use on the following percent basis:

        Percent of Excess Use         Surcharge on Excess per KWH

                    0 - 10%                                 $0.04

                  11 - 25%                                 $0.045

                  26 - 50%                                 $0.05

                  51 - 100%                               $0.06

 

(6) The expenses incurred by a utility subject to the rate regulatory jurisdiction of the public service commission in acquiring demand or energy under a direction or request is- sued under ARM 14.8.213, 14.8.214, 14.8.219, 14.8.220, or 14. 8.221 should be considered for separate and immediate pass through to consumers by the public service commission.