DEPARTMENT

POLICY & PROCEDURE

Current Diversion

DPP NUMBER DPP 500 P III-416

EFFECTIVE DATE 05/17/2023 SUPERSEDES 01/11/2012

APPROVED BY / s / by Debra Smith

1.0 Current Diversion

1.1 Current Diversion is the intentional direction or redirection of current around the Department's meter, or the tampering of a meter so that the meter does not measure and record the full amount of electricity supplied to the customer, owner, or person in control of the premises.

2.0 Service Connection

2.1 When an electric service has been disconnected for any reason and the Department, upon being called to reconnect the service, discovers evidence of Current Diversion, the Department shall not reconnect the service until photographic and other evidence of the suspected Current Diversion has been obtained.

2.2 If the Department, through its investigation, determines that Current Diversion has occurred, the customer is responsible to correct the Current Diversion within the time specified by the Department. If the customer fails to correct the Current Diversion to the Department's satisfaction, the Department shall disconnect the customer's electrical services from the Department's distribution system.

2.3 Electric services disconnected for failure to correct a Current Diversion condition shall not be reconnected until the condition has been corrected.

2.4 If a customer's electric service has been disconnected for failure to correct a Current Diversion and the service is reconnected without the Department's authorization, the Department shall have the authority to disconnect the service from the distribution system without further notice.

2.5 If the Department disconnects service under this section, a customer will be required to pay a service disconnection charge before electric services will be restored.

3.0 Other Financial Responsibility

3.1 The customer in control of the premises where Current Diversion is discovered shall be presumed to be responsible for the Current Diversion and shall be liable for all costs incurred by the Department in investigating and correcting the Current Diversion, and for any damages incurred by the Department related to the Current Diversion.

3.2 Customers whose premises receive diverted current shall be billed for the full amount of electrical energy determined by the Department to have been diverted around the meter or to have gone unmetered during the period the customer was in control of the premises. Customers may also be billed special service charges and interest charges and recovery of service disconnection charges for all investigative, repair, correction, disconnection, and reconnection work related to the diversion of electricity.

3.3 The Department may commence legal action for three (3) times the amount of actual damages, plus the cost of the suit and reasonable attorney's fees, plus the costs incurred by the Department on account of meter bypassing, tampering, or unauthorized reconnections.

4.0 References

4.1 RCW 9A.61 "Defrauding a public utility," or as the same may be amended or superseded.

4.2 RCW 80.28.240 "Recovery of damages by utility company for tampering, unauthorized connections, diversion of services," or as the same may be amended or superseded.

4.3 SMC 21.49.110 "Electric service connection provisions," including but not limited to Subsection K, "Authorized Service Connections," Subsection M, "Maintenance of Safe Wiring," and Subsection P, "Meter Tampering Protection," or as the same may be amended or superseded.

4.4 SMC 21.49.120 "Equipment and facilities provisions," including but not limited to Subsection C, "Vandalism and Disconnection of Electrical Equipment," and Subsection G, "Current Diversion," or as the same may be amended or superseded.

4.5 SMC 21.49.130 "Authority," including but not limited to Subsection E, "Special Service Charges and Interest Charges," and Subsection F, "Recovery of Service Disconnection Costs," or as the same may be amended or superseded.

4.6 SMC 21.49.140 "Offenses and penalties," or as the same may be amended or superseded.

Distribution: Posted online at: Public Policies - City Light | seattle.gov

REVISION HISTORY:

DATE CHANGES MADE REVISED BY

05/11/2023 Revised the policy to update it to current business practice. Author: Trina Morris, Jeff Wolf, Diane Clement, Maneet Jain

Coordinator: Kim Kinney