SAMPLE ONLY - NOT FOR OFFICIAL USE

Transcription

1 Stream Disclosure Statement For Natural Gas Supply Version 4 Effective Date : <<Release Date>> This is an agreement for natural gas services between Stream Energy Pennsylvania, LLC ( Stream ) and «CustomerName». Background We at Stream are licensed by the Pennsylvania Public Utility Commission to offer and supply natural gas services in Pennsylvania. Our PUC license number is A We set the prices and charges that you pay. The Public Utility Commission regulates distribution or delivery prices and services. The Federal Energy Regulatory Commission regulates interstate pipeline prices and services. Right of Rescission - You may cancel this agreement at any time before midnight of the third business day after receiving this disclosure. Definitions Interstate Pipeline Charges - Charges for moving natural gas to the distribution lines of a distribution company. Commodity Charges The charges for the natural gas product which is sold either in cubic feet or dekatherms. Terms of Service 1. NGS Contact Information Residential Customers: Toll Free: ; between 8 a.m. to 9 p.m. Monday to Friday, EST, 9 a.m. to 6 p.m. Saturday and Sunday, excluding holidays, or us at PAcustomerservice@streamenergy.net or visit us at Commercial Customers: Toll Free: ; between 9 a.m. to 5 p.m. Monday to Friday, EST, excluding holidays, or us at NEcommercial@streamenergy.net or visit us at For any formal notices to Stream pursuant to this Agreement, the following mailing address shall apply: Residential Customers: Stream, Attn: Customer Operations, P.O. Box 7287, Philadelphia, PA Commercial Customers: Stream, Attn: Commercial Client Services, P.O. Box 7287, Philadelphia, PA It is Customer s sole responsibility at all times to provide to Stream --at the address listed in this paragraph--with a valid mailing address to receive invoice(s) and notices under this Agreement and as required by any applicable state or federal law. Customer has the right to provide Stream or its affiliates with Customer s contact information to additionally receive this Disclosure Statement or other notices, electronic communications, s (including mass communication s) at Customer s discretion. By providing contact information, Customer agrees to accept notices and communications electronically. 2. Basic Service Prices You have selected a «RateProduct» Plan at a current rate of «CurrentRate» per (Mcf/ Dth / ccf) with an Early Cancellation Fee of $ «CancelFee» which begins on <<StartingDate>>, and ends on <<ExpirationDate>>. Customer agrees to pay the price per (Mcf/ Dth / ccf) that Customer agreed to during enrollment. Commodity charges include estimated total state taxes. Commodity charges exclude PA sales taxes, local taxes and county tax, if applicable, and do not include your NGDC distribution or billing charges. 3. Change in Price - For variable rate only, while this Agreement is in effect, the price for the Variable Price Plan Customers -- including the price if your plan or product defaults to a month-to-month variable rate at the end of any fixed rate term -- may fluctuate and is subject to change at the sole discretion of Stream based upon the fluctuation of wholesale natural gas prices or other inputs to wholesale prices such as current and predicted weather patterns, competitive pricing, transmission and/or distribution constraints, wholesale commodity costs, fluctuations in energy supply and demand, and Stream s pricing strategies and anticipated margins. No limit is imposed on fluctuation of variable pricing from one billing cycle to the next. Customers

2 who enroll on the Variable Price Plan may obtain the previous twenty-four (24) months average monthly billed prices by visiting or by calling Stream Customer Care at Historical pricing is not indicative of present or future pricing. There is no limit on how much the price may change from one billing cycle to the next. If you selected, 1st Month Intro Rate Plan, the first month price is an introductory price ONLY. The price for the first billing cycle after the introductory period is <<Rate>>. If you selected, for Fixed Rate Plans ONLY, the period beginning on a date set by your NGDC you will be charged the same price each month for the commodity portion of your natural gas bill. Prior to expiration of this Agreement, changes in the length or duration of Customer s Fixed Rate Product may be made only by the Customer s entering into a new Agreement with Stream. 4. Penalties, Fees & Exceptions - Stream does not charge a switching fee under this agreement. An early termination fee of $ «CancelFee» applies if you terminate prior to the end of your contract term. If your bill is not paid by the due date, a late payment of 1.5% per month, on all unpaid balances, may apply. 5. Cancellation Provisions Either Party can cancel this agreement without penalty, by providing notice to the other. Notice can be provided in writing or by telephone, and for customer cancellations, such notices can be made to Stream. Cancellation will occur as soon as applicable laws permit. Stream will follow applicable laws. 6. Renewal Provision - Your renewal information and options will be provided in the two renewal notices that are described under Agreement Expiration/Changes in Terms Section below. 7. Agreement Expiration/Changes in Terms If you have a fixed duration contract approaching the expiration date, or whenever we propose to change the terms of service, you will receive two separate written notifications, the first approximately 60 to 75 days in advance and the second 45 days in advance of either the expiration date or the effective date of the proposed changes. These notifications will explain your options going forward. If we are billing you directly for services, then we will provide the notices as a bill message, bill insert or in a separate mailing. If your NGDC is billing our charges for us, then we will provide the notices in separate corresponding mailings. We will explain your options to you in these two (2) advance notices. Automatic renewal is allowed at the same terms and conditions or revised terms and conditions so long as the new agreement is monthto-month and there is no early termination or cancellation fee. 8. Discrimination Stream does not discriminate, deny service, or require prepayment or a deposit for service based on a customer's race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, sexual orientation, disability, familial status, location of customer in an economically distressed geographic area or qualification for low income or energy efficiency services. 9. Dispute Procedures & Contact Information - If you have a comment, question or dispute concerning any matter arising under this Agreement, please contact Stream using the contact information set forth in NGS Contact Information Section. In the event that the Customer Care Department of Stream cannot properly assist you or you are not satisfied that the issue at hand has not been resolved, you may also contact the PaPUC at P.O. Box 3265 Harrisburg, PA , UTILITY CHOICE HOTLINE: Limitations of Liability - STREAM WILL ENDEAVOR TO PROVIDE SERVICE IN A COMMERCIALLY REASONABLE MANNER: HOWEVER WE DO NOT GUARANTEE A CONTINUOUS SUPPLY OF NATURAL GAS SERVICE. EVENTS THAT ARE OUTSIDE OF OUR CONTROL, REFERRED TO AS FORCE MAJEURE EVENTS, MAY RESULT IN SERVICE INTERRUPTIONS. STREAM WILL NOT BE LIABLE FOR SERVICE INTERRUPTIONS CAUSED BY FORCE MAJEURE EVENTS. STREAM DOES NOT GENERATE NATURAL GAS, NOR DOES IT TRANSPORT IT FROM THE GENERATION POINT TO CUSTOMER S SERVICE ADDRESS, NOR DOES STREAM OWN OR OPERATE SERVICES RELATED TO THE CUSTOMER S METER. FURTHERMORE, CUSTOMER SPECIFICALLY AGREES THAT STREAM HAS NO LIABILITY OR RESPONSIBILITY FOR THE OPERATIONS OF REGIONAL TRANSMISSION ORGANIZATION OR INDEPENDENT SYSTEM OPERATOR AND MAINTENANCE OF ITS SYSTEM OR THE ELECTRICAL GRID SYSTEM, AS APPLICABLE, OR FOR INTERRUPTIONS, TERMINATION, REPAIR OR RECONSTRUCTION,

3 TIMELY SERVICING, OR DETERIORATION OF THAT SERVICE. IF THE LOCAL DISTRIBUTION UTILITY OR OTHER THIRD PARTY EXPERIENCES AN EVENT OF FORCE MAJEURE, THAT, DIRECTLY OR INDIRECTLY, AFFECTS THE DELIVERY AND CUSTOMER S RECEIPT OF NATURAL GAS, STREAM IS LIKEWISE ENTITLED TO CLAIM AN EVENT OF FORCE MAJEURE UNDER THE TERMS OF SERVICE. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. 11. Eligibility - By entering into this Agreement, you are representing that the account(s) served by Stream are residential or commercial in nature in the NGDC territory consumer less than 20,000 Terms in the previous twelve (12) months; b) that you are the person who is eligible and authorized to enroll the account(s); and c) that you are not an existing Stream natural gas customer. Stream reserves the right, at any time, to refuse enrollment or to terminate service to your premise(s) for reasons not otherwise prohibited by law if those premises do not meet the preceding criteria. 12. Universal Service Program and Shopping - Your NGDC has programs available to assist customers who are on a limited or fixed income who need help paying utility bills. Some of these program could include bill payment assistance and/or weatherization services. Information can be obtained by contacting your NGDC at the information below. Information about shopping for a gas supplier is available at or other successor media platforms as determined by the Pennsylvania Public Utility Commission or by calling the Commission s telephone number at , and at Representations and Warranties - THE NATURAL GAS SOLD UNDER THE TERMS OF SERVICE WILL BE SUPPLIED FROM A VARIETY OF GENERATING SOURCES. THE LOCAL DISTRIBUTION UTILITY OR ISO SYSTEM WILL NOT FACILITATE THE DELIVERY OF NATURAL GAS FROM A SPECIFIC GENERATING SOURCE TO CUSTOMER S SERVICE ADDRESS. STREAM MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THE TERMS OF SERVICE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, CONFORMITY TO MODELS OR SAMPLES AND FITNESS FOR A PARTICULAR PURPOSE. 14. Assignment - Customer may not assign this Assignment, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of Stream. Stream may, without Customer s consent: (i) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial arrangement; (ii) transfer or assign this Agreement to an affiliate of Stream; (iii) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Stream; and/or (iv) transfer or assign this Agreement to a certified retail natural gas supplier. In the case of (ii), (iii) or (iv), any such assignee shall agree in writing to be bound by the terms and conditions hereof. Upon any such assignment, Customer agrees that Stream shall have no further obligations. In the event of assignment Stream will notify Customer of the new Natural Gas Supplier s name, contact information, and that the terms of the contract remain unchanged. 15. Title, Risk of Loss and Indemnity - Customer acknowledges that Stream does not have care, control or custody of Customer's property or premises, or of any natural gas facilities, including, but not limited to, pipelines, wires, or the meter, located on or near Customer's property or premises. Customer further acknowledges that Customer is in exclusive control (and responsible for any damages or injury caused thereby) of natural gas at and from such meter. Title to natural gas and risk of loss related to natural gas shall transfer from Stream to Customer at respective meter/or Service Address. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD STREAM HARMLESS FROM ANY CLAIMS, INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND ATTORNEY'S FEES, ARISING FROM ANY ACT OR INCIDENT OCCURRING WHEN TITLE TO NATURAL GAS SERVICE IS DEEMED TO BE IN THE EXCLUSIVE CONTROL OF THE CUSTOMER, DESPITE OUR NEGLIGENCE OR STRICT LIABILITY. 16. Waiver. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure of either party to exercise any right hereunder shall not constitute a waiver hereunder and shall not impair the exercise of such rights at any later time. 17. Governing Law. THE TERMS OF SERVICE ARE MADE UNDER AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF PENNSYLVANIA, EXCLUSIVE OF ANY CONFLICT OF LAWS PROVISIONS THEREOF THAT

4 WOULD APPLY THE LAWS OF ANOTHER JURISDICTION. EXCEPT AS OTHERWISE PROVIDED IN THE TERMS OF SERVICE, THE PENNSYLVANIA UNIFORM COMMERCIAL CODE ( UCC ) SHALL APPLY TO THE TERMS OF SERVICE AND NATURAL GAS SHALL BE CONSIDERED A GOOD (AND NOT A SERVICE ) FOR PURPOSES OF THE UCC. The parties hereto agree that all civil actions or proceedings (including any action/proceeding in small claims court) arising in connection with this Agreement or related in any way to the provision or cessation of service(s) provided hereunder (including, but not limited to, rate or billing disputes, disconnection of service, reconnection of service, and negligence) shall be tried and litigated exclusively in the State and Federal courts located in Dauphin County, PENNSYLVANIA. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in Pennsylvania shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. The section does not abrogate the parties right to file a complaint with the PaPUC. 18. Complete Agreement. Customer s contract with Stream ( Agreement as defined herein) contains the complete understanding between Stream and the Customer and supersedes all other written or oral communications and representations. Any modifications made to this Agreement following negotiations between Customer and Stream may only take effect if reduced to a separate type-written agreement approved by Stream s Contract Administrator, including this provision. No sales agent or any other representative has any binding authority to modify this Agreement and any such changes shall not be binding on Stream. Customer agrees not to make any changes to this Disclosure Statement and agrees that any of the aforementioned unapproved modifications shall not be binding on Stream even if Stream receives any of the aforementioned modifications and processes them. In that instance, the sole and exclusive remedy available to Customer shall be to cancel the Agreement without penalty and Customer shall remain responsible for all charges incurred prior to cancellation; provided, however, the charges and terms that shall apply shall be those that would have applied had the Agreement not been modified. 19. Miscellaneous Fees. Customers may be required to pay a fee to third-party vendors for bill payment transaction. Fees vary depending upon payment type and vendor. Please check with the vendor for applicable fees before posting payment. Except as otherwise prohibited by law, in addition to those fees charged by your NGDC, you agree to pay Stream a $15 Cancellation Service Fee in the event that Stream sends a request to your NGDC to cancel service to a premise for non-payment. Regardless of whether the premise s service has been cancelled or not, this service fee may be assessed. The purpose of this fee is to cover Stream s costs associated with initiating and processing a cancellation request transaction. 20. Customer Information Release Authorization: By entering into this Agreement, you agree that your NGDC may release to us certain information that we need to provide service to you, including your address, telephone number, account numbers, historical usage information. We will not give or sell your personal information to any unaffiliated party without your consent unless we are required to do so by law or it is necessary to enforce this Agreement. 21. Agreement to Arbitrate and No Class Actions: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND ALSO LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM STREAM.

5 CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND STREAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND/OR TO PARTICIPATE IN A CLASS ACTION. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON S CLAIMS. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND STREAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. Stream and Customer agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising or marketing); claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class; and claims that may arise after the termination of this Agreement. The parties agree that the arbitrator will have the sole power to decide any question about the arbitrability of any claim, dispute, or other difference between the parties. The arbitrator may award declaratory relief, preliminary and permanent injunctive relief, and economic damages. The arbitrator will not have the authority to award attorney s fees, costs, or noneconomic, consequential, punitive, exemplary or incidental damages, or lost profits. Each party will bear the expense of its own attorney s fees and costs. The decision of the arbitrator will be entitled to enforcement in any court of competent jurisdiction. This provision will not be construed so as to prohibit Stream from obtaining preliminary and permanent injunctive relief in any court of competent jurisdiction. In the event any portion of this provision regarding arbitration is found unenforceable, such portion shall be severable from the remainder of this provision, which shall remain in full force and effect. References to Stream, Customer, and us include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior Agreements between us. This arbitration agreement does not preclude Customer from bringing issues to the attention of federal, state, or local agencies. The parties agree that the Federal Arbitration Act will govern the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ( Notice ). The Notice to Stream should be addressed to: Stream, Dallas Parkway, Suite 150, Dallas, Texas 75254: Attn: General Counsel ( Notice Address ). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ( Demand ). If Stream and Customer do not reach an agreement to resolve the claim within 30 days after the Notice is received, Customer or Stream may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Stream or Customer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or Stream is entitled.

6 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, AAA Rules ) of the American Arbitration Association ( AAA ), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at , or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide. Unless Stream and Customer agree otherwise, or unless otherwise prohibited by law, any arbitration hearings will take place in Dallas County, Texas. If arbitration in Dallas County, Texas is prohibited by law, then arbitration shall take place in Baltimore, Maryland. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party s individual claim.