Illegal Electric rates? 2-21-11

February 21, 2011
Gennaro A. Marino P.E.
www.marinoreport.com
Kutztown Mayor Green
Kutztown Borough Council
Dear Elected Officials,

In the Borough of Kutztown’s Answer to Petition to Enforce Final Determination of Office of Open Records, dated February 1, 2011, Borough Solicitor stated on page 2, para. 3.

It is admitted that the Office of Open Records ordered the Borough of Kutztown to provide the petitioner with any ordinances, resolutions or legislation authorizing the demand charge for electricity. It is further admitted that the Office of Open Records believed that the ordinance provided to the Petitioner establishing the electric rate charges to the Borough of Kutztown was not completely responsive. However, by way of further answer, the Borough has no further legislation, including ordinances or resolutions which have been enacted that provide for the monthly electric charges or demand charges other than section A231-1, Chapter 107, entitled “Electrical Standards”,

In the past this monthly electric charge has been called KW USAGE, SERVICE FEE AND NET RATE MINIMUM.

If no Resolutions, Ordinances or Legislation exist that authorize the Borough to bill the Electricity subscribers for the demand charges means it is an illegal charge without a Borough Council vote and the Mayor’s ratification. The Borough must return the demand charge to the electricity customers.

Sincerely,

Gennaro A. Marino P.E.