This Policy governs electric vehicle charging stations (EVCS) that make electric charging available to electric vehicles owned by persons other than the owner of the EVCS. The rates for electric service to EVCS shall be those established in the classification for EVCS in the Rate Ordinance. EVCS rates may vary depending on the class of the service from an EVCS. [Until an EVCS Rate is established in the Rate Ordinance, the Rate shall be the Commercial Rate established in the Rate Ordinance.]
An EVCS Customer is responsible for all Customer facilities that are located on Customer’s side of the OMU designated demarcation point. Customer shall provide OMU with a meter location that lies between the OMU demarcation point and the first EVCS on Customer’s property. OMU will install and maintain a meter, at its own expense, to measure the electricity supplied to the EVCS Customer. Under no circumstance shall the EVCS Customer’s meter be attached to any OMU facilities, including, but not limited to, OMU-owned poles.
The EVCS Customer shall be responsible for payment of all costs incurred by OMU for OMU facilities that may be required to provide electric service to the EVCS, including, but not limited to, the cost of any new transformers or upsizing of existing transformers. One-half of the cost for the OMU facilities required to provide power to the Customer’s EVCS shall be paid to OMU by the Customer prior to their installation.
The EVCS Customer shall install only such protective devices the Customer believes to be necessary for the protection of its own facilities and equipment, and only on its side of the point of demarcation between OMU’s service and the Customer’s facilities. OMU shall not be obligated to provide or install any protective equipment for the EVCS Customer’s lines, facilities, or equipment, but OMU has the right to install any equipment that it deems necessary for the protection of its own equipment, property, and operations. Any electrical equipment installed by the EVCS Customer must, in OMU’s opinion, be capable of satisfactorily coordinating with any protective equipment installed by OMU.
If the EVCS is to be installed in a public right-of-way, OMU shall have no obligation to provide any failsafe protection or de-energization points past the point of demarcation between OMU and Customer. The EVCS Customer must install adequate equipment to de-energize Customer’s facilities to protect and safeguard persons and property from any electrical hazards resulting from any damage to or failure of Customer’s EVCS. The EVCS Customer cannot rely on any OMU protective device for protection of any person or property from any injury or damage from electrical hazards or other risks or consequences arising from or related to Customer’s EVCS or ancillary facilities.
OMU shall have no obligation to locate facilities associated with Customer’s EVCS on the EVCS customer’s side of the demarcation point between OMU and Customer, including any obligations for locating such facilities under the Underground Facility Prevention Act of 1994. It will be the EVSC Customer’s responsibility to comply with all provisions of KRS 367.4901 to 367.4917 applicable to its EVCS facilities.
Rates and Charges
The EVCS Customer will pay OMU the rates and charges for electric energy provided by OMU to Customer under the EVCS rate classification of the Rate Ordinance, as well as any charges provided under this Policy. The Rate for EVCS may be adjusted by an amendment of the Rate Ordinance.
Any rules, regulations, or this Policy may be established or revised from time to time by the City Utility Commission.
The electric energy and power taken by Customer shall not be used in such manner as to cause unusual voltage fluctuations on or disturbances to OMU’s system. In the event the Customer’s use of power causes fluctuations or disturbances, OMU may require the Customer, at Customer’s sole expense, to install suitable devices to keep such fluctuations or disturbances within reasonable limits. In the event that Customer’s equipment or its use of power or energy results in any fluctuations or disturbances that cause any damage to OMU-owned equipment, Customer shall reimburse, indemnify, defend, and hold OMU harmless from all expenses and losses arising from such voltage fluctuations on or disturbances to OMU’s system, including any injury to any person and any damage done to equipment thereby, including any expenses for materials, labor, and all other expenses incurred by OMU, as provided in this Policy.
Failure to remedy voltage fluctuation or disturbance problems within a reasonable time and in an effective manner may result in electric energy and power being disconnected until satisfactory corrections have been made. Customer agrees that OMU shall have no responsibility, financial or otherwise, for any voltage variations, including harmonic distortion, caused on the Customer’s system by the operation of the Customer’s equipment, or any other cause.
Customer understands and assumes the inherent risks of operating and using EVCS facilities and appurtenances and of placing them in or near a public right-of-way. All facilities past the designated demarcation point with OMU, which are required for the sale of electric energy through EVCS, are the Customer’s responsibility. Customer agrees to protect, defend, indemnify, and save harmless OMU, its commissioners, officers, directors, employees, and representatives (each an indemnitee hereunder) from and against any and all damage, loss, claim, demand, suit, right-of-way challenge, liability, penalty, or forfeiture of every kind and nature, including, but not limited to, costs and expenses of defending against the same, payment of any settlement or judgement therefore, and including reasonable attorney’s fees, including any that OMU may incur in defending itself or in enforcing this Agreement, caused by or arising out of or in connection with Customer’s installation of an EVCS and the appurtenant facilities, or Customer’s use or use by others of those facilities, or by Customer’s performance of Customer’s duties or its exercise of any of its rights under this Agreement, including any acts or omissions of Customer or Customer’s employees, agents or contractors.
Any notice to OMU permitted or required under this Policy shall be deemed properly given if posted by certified mail addressed to:
Delivery Engineering Manager
Owensboro Municipal Utilities
2070 Tamarack Rd.
Owensboro, KY 42301
Any notice to Customer permitted or required under this Policy shall be deemed properly given if posted by certified mail to Customer at the address listed on Customer’s account.