UTILITY GAS AND POWER (UGP) Residential Fixed Rate Electric CHOICE Contract (Terms & Conditions)
UTILITY GAS AND POWER(UGP) Residential Fixed Rate Electric CHOICE Contract (Terms & Conditions) CONDITIONS. These Terms and Conditions (this “Agreement”) are your agreement for Generation Service with Utility Gas and Power. (“Utility Gas and Power”). Please keep a copy of this Agreement for your records. Utility Gas and Power is certified by the Public Utilities Commission of Ohio (“PUCO”) to offer and supply Generation Service in Ohio. As a Competitive Retail Electric Service (“CRES”) provider, Utility Gas and Power will supply the electric generation services to your Electric Distribution Utility (“EDU”) based on your usage. Your EDU Page 2 of 4 then distributes or delivers the electricity to you. Your Distribution Service will remain with your current EDU, which is regulated by the PUCO. Your EDU also will continue to read your meter, provide your monthly bill and respond to emergencies. DEFINITIONS. “Competitive Retail Electric Service Provider” or “CRES” provider means, as defined by Chapter 4901:1-21 of the Substantive Rules applicable to electric service providers, an entity that sells electric energy to retail customers in Ohio. “Generation Service” means the production of electricity. “Generation-Related Charges” means those charges or costs associated with the production, procurement and supply of electricity. “Nonbypassable utility charges and fees” means those EDU charges and fees payable by you regardless of whether the EDU or a CRES provider provides Generation Service. “Transmission Services” means moving high voltage electricity from a generation facility to the distribution lines of an EDU, which is either bypassable or nonbypassable to you, as determined in accordance with your Distribution Service. “Distribution Service” means the physical delivery of electricity to customers by the EDU. RIGHT OF RESCISSION. Once you have been enrolled to receive Generation Service from Utility Gas and Power, your EDU will send you a confirmation letter. You have the right to rescind your enrollment without penalty within thirty (30) calendar days following the date of this contract or within 7 days of the postmark date of the confirmation letter by contacting your EDU, whichever is greater, and following the instructions contained in the letter. This right of rescission only applies when you initially switch to Utility Gas and Power and not upon renewal. Your EDU will not send a confirmation notice upon any renewal of this Agreement. In the event the EDU’s retail electric choice program is terminated or materially changed in any manner prior to the end of the initial “Term” (as listed above) or renewal thereof, Utility Gas and Power may terminate this Agreement, without penalty to either party. In the event a third party was involved in this Agreement, including, without limitation, a broker or a shopping website, or you are part of a municipal aggregation, the pricing contained herein may be inclusive of a broker fee. Price Comparison Qualification. Please be advised that the EDU’s standard offer rates generally change from time to time. Utility Gas and Power therefore does not provide any guarantee of savings in comparison to the EDU’s standard offer rates during the Term or the term of any renewals of this Agreement. If you received any price comparison(s) in connection with your enrollment, by accepting this offer from Utility Gas and Power, you understand and agree that Utility Gas and Power has informed you, prior to entering into this Agreement, that no guarantee of savings during the Term or the term of any renewals is being provided. TERMS AND CONDITIONS OF SERVICE 1. Eligibility. Residential customer accounts that are on residential rates codes and are not enrolled in the Percentage of Income Plan Program (PIPP) are eligible for this offer from Utility Gas and Power. Utility Gas and Power reserves the right to refuse enrollment to any customer who is not current on their EDU charges. 2. Price. Starting with the first billing cycle of this Agreement through the last billing cycle of the initial Term, the price will be as stated above under the heading “Generation Service Charges.” During the term of this Agreement, you agree to pay Utility Gas and Power a price for all applicable combined Generation Service and Generation-Related Charges as specified in “Generation Service” listed above. You are responsible for, and your price does not include, applicable state and local taxes and/or EDU charges, which will be billed by the EDU. For the “Term” listed above, all kilowatt-hours (“kWh”) of electric energy metered by the EDU shall be billed at the rate per kWh specified above. In addition to Utility Gas and Power’s charges, you will be charged by your EDU for Distribution Service and other EDU charges and fees. An average residential customer, using 750 kWh of electricity on a monthly basis, would incur approximately $35 to $40 per month in such EDU charges and fees. In the event that any new, or any change in any existing, statute, rule, regulation, order, or other law, or procedure, tariff, rate class, or other process or charge, promulgated by any governmental authority or EDU, Independent System Operator, Regional Transmission Organization (“RTO”), such as PJM Interconnection, L.L.C. (“PJM”), or other regulated service provider, alters to the detriment of Utility Gas and Power its costs to perform or its economic returns under this Agreement (a “Change in Law or Regulation”), then Utility Gas and Power will provide written notice requesting your affirmative consent and agreement, describing the Change in Law or Regulation, the resulting price revisions, and the future date upon which such revised pricing is requested to be effective (a “Price Revision Request”). You then will be able to affirmatively consent and agree to such Price Revision Request, and if you agree, you will pay the revised price described in such Price Revision Request, and all other terms and conditions of this Agreement not modified by such Price Revision Request will remain in full force and effect. If, however, you do not affirmatively consent and agree to the Price Revision Request within thirty (30) calendar days, then Utility Gas and Power may terminate this Agreement without penalty, Cancellation Fee or further obligation (but you will remain responsible to pay Utility Gas and Power for any electricity supply used before this Agreement is terminated, as well as any late fees). Such termination will be effective on the next available drop date as established by the EDU. Any such Change in Law or Regulation may include, but is not limited to, implementation of changes to or adjustments in the implementation of PJM settlements or new or changed PJM and EDU charges for transmission, capacity and ancillary services, or generation adequacy rules, regulations implementing installed capacity obligations, emission allowance requirements, obligations associated with environmental or energy law and regulations (including, without limitation, alternative energy requirements, carbon and greenhouse gas, or other similar controls) or otherwise. If at some future date there is a change in any law, rule, regulation, pricing structure or market condition whereby Utility Gas and Powe is prevented, prohibited, or frustrated from carrying out the terms of the Agreement, or if Utility Gas and Power is unable to economically continue this Agreement, Utility Gas and Power shall have the right to cancel this Agreement on 15 days’ notice to you. Note that if, due to a change in market conditions, we wish to lower the price per kilowatt hour charged to you under this Agreement, we may do so without your consent, provided there are no other changes to the terms and conditions of this Agreement. 3. Term (Length of Agreement). Your service from Utility Gas and Power will begin with the next available meter-reading in the Term following: a) the thirty (30) day rescission period; b) the acceptance of the enrollment request by Utility Gas and Power (at its discretion and consistent with Section 7 below); and c) processing of the enrollment by your EDU, and will continue for the Term, unless otherwise terminated or renewed, ending on the meter read for the last month of service. 4. Billing. You will continue to receive a single bill, typically on a monthly basis, from your EDU that will contain both your EDU and Utility Gas and Power charges. If you do not pay your bill by the due date, Utility Gas and Power may cancel this Agreement after giving you a minimum of fourteen (14) calendar days’ written notice. Upon cancellation you will be returned to your EDU as a customer. You will remain responsible to pay Utility Gas and Power for any electricity used before this Agreement is cancelled as well as any late payment charges. Further, your failure to pay EDU charges may result in your electric service being disconnected in accordance with the EDU tariff. Page 3 of 4 5. Penalties, Fees and Exceptions. Your EDU may charge you a switching fee. If you do not pay the full amount owed to Utility Gas and Power by the due date of the bill, Utility Gas and Power may charge a late payment fee up to one and one-half percent (1.5%) of the outstanding balance per month, or the maximum legally allowed interest rate, whichever is lower until such payment is received by Utility Gas and Power. Utility Gas and Power reserves the right to demand adequate assurances from you in the form of prepayment or other form of credit support in the event you fail to make payments in accordance with the terms herein. Customers requiring financial assurance will be required to post that assurance within three (3) business days of notice. Utility Gas and Power will charge you a monthly customer charge of $9.99. 6. Cancellation/Termination Provisions/Failure to Pay. If this Agreement is not rescinded during the rescission period, enrollment will be sent to your EDU. You have the right to terminate this contract without penalty if you move to a new location outside of your utility service area. You have the right to terminate this contract without penalty in the event the customer relocates outside the service territory of the incumbent electric provider or within the service territory of an electric provider that does not permit portability of the contract. You must notify UGP if you are moving to a new location outside of your utility service area in order to have your early termination charge credited back to you. However, UGP can provide service at the new location under a new contract if you notify UGP at the time of your move and establish service with the utility at the new location with UGP as your service provider. Termination typically is effective with the next full utility billing cycle that occurs after the utility is notified of the request to terminate service. You are responsible for all fees and charges until your service is terminated. If you change to another electric provider (including the utility), the utility may assess a switching fee under its tariff and UGP reserves the right to assess a switching fee. If you return to the utility for service, then you may be charged a price other than the utility’s applicable tariff rate. Any failure to pay your bill shall be deemed a breach of this Agreement permitting Utility Gas and Power to terminate this Agreement upon fourteen (14) calendar days’ advance written notice. There will be a charge as specified in “Cancellation Fee” above if you terminate this Agreement for any other reason, except as expressly provided herein, or breach this Agreement in accordance with the preceding sentence. In addition to any applicable Cancellation Fee, you will remain responsible to pay Utility Gas and Power for any electricity supply used before this Agreement is cancelled or terminated for any reason, as well as any late fees. Should you cancel service with Utility Gas and Power and return to standard offer service with your EDU, you may not be served under the same rates, terms, and conditions that apply to other EDU customers. UGP does not offer budget billing. 7. Your Consent and Information Release Authorization. By accepting this offer from Utility Gas and Power, you understand and agree to the terms and conditions of this Agreement with Utility Gas and Power. You authorize Utility Gas and Power to obtain information from the EDU that includes, but is not limited to: your billing history, payment history, historical and expected electricity usage, meter-readings, and characteristics of electricity service. Utility Gas and Power reserves the right to check your credit with a consumer credit reporting agency to determine if your credit standing is satisfactory before accepting your enrollment request. This Agreement shall be considered executed by Utility Gas and Power following: a) acceptance of your enrollment request by Utility Gas and Power; b) the end of the thirty (30) day rescission period; and c) acceptance of enrollment by your EDU You have the right to request from the UGP, twice within a twelve-month period, up to twenty-four months of the customer's payment history without charge. 8. Contract Renewal. Upon expiration of the initial Term and unless Utility Gas and Power renews for a set term in accordance with the following sentence, this Agreement will automatically renew on a month-to-month basis at a Variable price per kWh. Pursuant to PUCO Case No. 14-568-EL-COI and PUCO guidelines, the retail electric product in any such month-to-month periods is defined as “Variable”. Notwithstanding the preceding sentence, if Utility Gas and Power chooses to renew this Agreement for a set term, then Utility Gas and Power will send advance written notice not less than forty-five (45) calendar days prior to the end of the Initial Term. This Agreement shall be automatically renewed on a month-to-month variable rate, cancellable at any time with written or verbal communication from you to Utility Gas and Power. For variable rate products, each month your rate will reflect your cost of electricity, including energy, other wholesale market services, the associated transmission and distribution charges and other market-related factors for your EDU’s transmission zone, plus all applicable taxes, fees, charges, costs, expenses and margins. Each month your bill for energy will be calculated by multiplying the commodity charges by the amount of energy used in the billing cycle plus applicable taxes. The variable rate assigned to each individual account will be established each month and your rate may be higher or lower each month based on business and market conditions. The rate assigned to any particular individual account may vary from the rate assigned to any other particular individual account. The variable rate includes any credit costs, margin, and/or costs associated with meeting renewable portfolio standards at the levels required by currently applicable law. The variable rate does not include applicable state sales tax, use tax, local tax or gross receipt taxes imposed by Ohio law. There is no guaranteed savings versus the EDU’s commodity rate. If you are tax exempt, it is your responsibility to provide Utility Gas and Power with the necessary tax exemption certificate; failure to provide required documentation will result in a waiver by you of any sales tax paid in error pursuant to this Agreement. Pricing excludes taxes, Distribution Service charges, Transmission Service, and other non-bypassable EDU charges and fees. No cancellation fee will apply during a month-tomonth term, as specified in the renewal notice. At any time, you may contact Utility Gas and Power to enroll in a then-current plan. 9. Dispute Procedures. Contact Utility Gas and Power with any questions concerning the terms of service by phone at 1-855-747-4931 (tollfree) M-F 8AM – 6PM EST or in writing at Utility Gas and Power, 2680 Corporate Park Dr Ste 100 Opelika, AL 36801. Our web address is utilitygasandpower.com. If your complaint is not resolved after you have called Utility Gas and Power and/or your EDU, or for general utility information, you may contact the Public Utilities Commission of Ohio for assistance at 1-800-686- 7826 (toll free) or TTY at 1-800-686-1570 (toll free) from 8:00 AM - 5:00 PM EST weekdays or at www.PUCO.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service). The Ohio consumers’ counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org. 10. Miscellaneous. Utility Gas and Power is prohibited from disclosing your social security number and/or account number(s) without your affirmative written consent except for Utility Gas and Power’s collections and reporting, participating in programs funded by the universal service fund pursuant to section 4928.54 of the Ohio Revised Code, or assigning your contract to another CRES provider. Utility Gas and Power assumes no responsibility or liability for the following items that are the responsibility of the EDU: operation and maintenance of the Page 4 of 4 EDU’s electrical system, any interruption of service, termination of service, or deterioration of the EDU’s service. In the event of a power outage, you should contact your local EDU. You are responsible for providing Utility Gas and Power with accurate account information. If said information is incorrect, Utility Gas and Power reserves the right to re-price the applicable account(s). Utility Gas and Power reserves the right to re-price any account(s) or return you to the EDU if your rate code or meter type is changed and/or the account is no longer eligible for this program. Any notice, demand or other communication to be given hereunder, including, without limitation, any renewal or termination notice, shall be in writing and delivered to the address or email address maintained on file for you. By entering this Agreement, you represent and agree that the account served by Utility Gas and Power under this Agreement is a residential account, in the EDU’s service territory, and you are not an existing Utility Gas and Power customer. Utility Gas and Power reserves the right, at any time, to not enroll or to terminate service to customer locations that do not meet the preceding criteria and return you to the EDU (or previous Utility Gas and Power product, if applicable) with no penalty to Utility Gas and Power. Utility Gas and Power’s environmental disclosure statement is available for viewing on our website at utilitygasandpower.com. You agree that Utility Gas and Power will make the required quarterly updates to the statement electronically on our website. We will also provide the information to you upon request. 11. Warranty and Force Majeure. Utility Gas and Power warrants title and the right to all electricity sold hereunder. THE WARRANTIES SET FORTH IN THIS PARAGRAPH ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING OUT OF ANY COURSE OF DEALING OR PURPOSE OR USAGE OF TRADE. Utility Gas and Power will make commercially reasonable efforts to provide your electric service, but does not guarantee a continuous supply of electricity. Certain causes and events are out of the reasonable control of Utility Gas and Power and may result in interruptions in service. Utility Gas and Power is not liable for damages caused by acts of God, changes in laws, rules or regulations or other acts of any governmental authority (including the PUCO or RTO), accidents, strikes, labor troubles, required maintenance work, inability to access the local distribution utility system, nonperformance by the EDU or any other cause beyond Utility Gas and Power’s reasonable control. 12. REMEDIES. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, ACTUAL DAMAGES AS THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, WHETHER IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISIONS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. THE LIMITATIONS IMPOSED ON REMEDIES AND DAMAGE MEASUREMENT WILL BE WITHOUT REGARD TO CAUSE, INCLUDING NEGLIGENCE OF ANY PARTY, WHETHER SOLE, JOINT, CONCURRENT, ACTIVE OR PASSIVE; PROVIDED NO SUCH LIMITATION SHALL APPLY TO DAMAGES RESULTING FROM THE WILLFUL MISCONDUCT OF ANY PARTY. 13. Your Liability and Indemnification of Utility Gas and Power. You assume full responsibility for retail electricity furnished to you at the delivery point(s) and on your side of the delivery point(s), and agree to and shall indemnify, defend, and hold harmless Utility Gas and Power, its parent company and all of its affiliates, and all of their respective managers, members, officers, directors, shareholders, associates, employees, servants, and agents from and against all claims, losses, expenses, damages, demands, judgments, causes of action, and suits of any kind (hereinafter collectively referred to as “Claims”), including Claims for personal injury, death, or damages to property occurring at the delivery point(s) or on your side of the delivery point and upon the premise(s), arising out of or related to the electricity and/or your performance under this Agreement. 14. Assignment. You shall not assign this Agreement or its rights hereunder without the prior written consent of Utility Gas and Power. Utility Gas and Power may, without your consent, assign this Agreement to another CRES provider, including any successor, in accordance with the rules and regulations of the PUCO. 15. Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio without giving effect to any conflicts of law principles which otherwise might be applicable. 16. Contact Information. Utility Gas and Power, 2680 Corporate Park Dr Suite 100, Opelika, AL 36801. For more information call (855) 747-4931 M-F 8AM – 5PM EST or visit utilitygasandpower.com. 17. Telephonic Communication. By accepting this Agreement, you consent to receive calls and/or texts for any purpose, including with marketing offers and other information, from Utility Gas and Power, its affiliates and/or assigns, at the telephone number(s) you provide to Utility Gas and Power, its affiliates and/or assigns, possibly through use of automated technology or pre-recorded voice. You agree that this consent survives the termination of your Agreement and that your consent to receive marketing communications is not a condition of purchase and may be revoked at any time. 18. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. 19. Confidentiality. You agree that for so long as this Agreement remains in effect and for a period of two (2) years following termination of this Agreement, this Agreement and all pricing provided there under is commercially sensitive and shall not, unless required by law, be disclosed to any third party, or any employee without a need to know, without the prior written consent of Utility Gas and Power. 20. Forward Contract. Each Party acknowledges that: (a) this Agreement is a forward contract and a master netting agreement as defined in the United States Bankruptcy Code (“Code”); (b) this Agreement shall not be construed as creating an association, trust, partnership, or joint venture in any way between the Parties, nor as creating any relationship between the Parties other than that of independent contractors for the sale and purchase of Commodities; (c) Utility Gas and Power is not a “Utility” as defined in the Code; (d) Commodity supply will be provided by Utility Gas and Power under this Agreement, but delivery will be provided by the EDU; and (e) the EDU, and not Utility Gas and Power, is responsible for responding to service problems or emergencies should they occur.