Pennsylvania Terms and Conditions

Pennsylvania FIXED PRICE Electric & GAS TERMS AND CONDITIONS – CUSTOMER DISCLOSURE STATEMENT
Background
Alpha Gas and Electric, LLC (“Alpha”) is licensed by the Pennsylvania Public Utility Commission (“PUC”) to offer and supply electric generation services (“EGS”) & natural gas services (“NGS”) in Pennsylvania. Our PUC EGS license number is A-2011-2254554 and NGS license number is A-2013-2360403. A residential or small business customer may rescind this Agreement at any time before midnight of the third business day after receiving this disclosure. We set the generation prices and charges that you pay. The PUC regulates distribution prices and services. The Federal Energy Regulatory Commission regulates transmission prices and services.
Electric Definitions: Generation Charge –charge for the production of electricity.
Transmission Charge – charge for moving high voltage electricity from a generation facility to the distribution lines of an Electric Distribution Company (“EDC”).
Distribution Charge – charge for delivering electricity over a distribution system to the home or business from the transmission system.
Natural Gas Definitions: Commodity Charges – – charges for natural gas supply services to retail customers.
Distribution Charges – charges for the delivery of natural gas to a retail customer from the point of receipt into the distribution system of your natural gas distribution company (“NGDC”).
Interstate Pipeline Charges – Charges for moving natural gas to the distribution lines of a distribution company.
Terms of Service
  1. Agreement to Sell and Purchase Energy & Natural Gas. This is an agreement between Alpha the customer (“Customer” or “you” or “your”) under which Customer shall initiate electricity and/or gas supply service and begin enrollment with Alpha (the “Agreement”). Subject to the terms and conditions of this Agreement, Alpha agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of electricity and or gas, as estimated by Alpha, necessary to meet Customer’s requirements based upon consumption data obtained by Alpha or the delivery schedule of your EDC AND/OR NGDC. Alpha is not affiliated with and does not represent the EDC AND/OR NGDC. The amount of electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Alpha or the EDC AND/OR NGDC’s delivery schedule. The EDC AND/OR NGDC will continue to deliver the electricity supplied by Alpha.
  2. Term and Cancellation. This Agreement shall commence as of the date Customer’s notice regarding the change of Customer’s provider to Alpha is deemed effective by the EDC AND/OR NGDC, and shall continue for ___ monthly billing cycles (the “Initial Term”). Unless otherwise agreed to, upon completion of the Initial Term, this Agreement will renew on either a new fixed rate or on a month-to-month basis with a monthly variable rate methodology with no change to the remaining terms (the “Renewal Term”). You may cancel your service under this Agreement by providing a 30 day written notice to Alpha. Alpha reserves the right to cancel this Agreement for any reason upon (30) days advance written notice to you. Some reasons why this Agreement may be canceled by Alpha include: (i) non-payment: if your service is terminated by your EDC AND/OR NGDC, then this Agreement is cancelled on the date that your service is terminated. (ii) company-initiated cancellation: if Alpha cancels this agreement for any reason other than customer non-payment, we will follow applicable rules in providing notice to you. Customer is liable for all Alpha charges until Customer returns to the EDC AND/OR NGDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading. There is no fee for cancelling this Agreement.
  3. Pricing and Billing. The price for all electricity sold during the Initial Term of this Agreement shall be a fixed rate of $0. ______ per kWh and/or $0. ______ per therm, plus a $___ monthly Service Benefit Charge for each commodity, and taxes, if applicable; or as indicated in your Disclosure Statement. The price includes estimated Gross Receipts Tax but excludes Pennsylvania sales tax, if applicable. The Service Benefit Charge is related to the Green Product provided. If you are tax exempt you must provide Alpha with a copy of your exemption certificate. You may call Alpha or visit www.alphagasandelectric.com for pricing information. Your EDC AND/OR NGDC will issue you a consolidated bill that will include Alpha’s charges for electricity and/or gas supply and the utility’s distribution charges. Billing intervals will be monthly or bi-monthly, depending on the billing interval of your EDC AND/OR NGDC. Alpha Gas and Electric, LLC does not offer budget billing for the generation portion of the bill. In the event of failure to remit payment when due by a residential customer, Alpha may cancel commodity service under this Agreement. A $30 fee will be charged for all returned payments made to Alpha by the Customer. Late payment fees: 1.5% on overdue balances. The failure to pay utility charges may result in the customer being disconnected in accordance with the utility tariff
  4. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Alpha. Alpha may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program, and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by the PUC.
  5. Information Release Authorization. Customer authorizes Alpha to obtain and review information regarding Customer’s account, billing and consumption history from the EDC AND/OR NGDC. This information may be used by Alpha to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer’s execution of this Agreement shall constitute authorization for the release of this information to Alpha. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Alpha or by calling Alpha at 1.888.636.3749. Alpha reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
  6. Consumer Protections. The services provided by Alpha Gas and Electric are governed by the terms and conditions of this Agreement and the regulations of the PUC. The complete text of the PUC Customer Protection Rules referenced herein can be found in the Chapters 54, 56 and 62 of Title 52 of the Pennsylvania Code. Information about shopping for supplier is available at https://www.papowerswitch.com, www.PaGasSwitch.com or other successor media platform as determined by the Commission, or by calling the Commission at (800) 692-7380 and at www.oca.state.pa.us.
  7. Right of Rescission. A residential or small business Customer may rescind this Agreement within 3 business days after receipt of this Agreement, whichever comes first, by contacting Alpha at 1.888.636.3749 or in writing.
  8. Agency-Gas. Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer’s natural gas supplies from the Sales point to the Delivery Points, and with the NGDC for the transportation of the Customer’s natural gas supplies from the Delivery Points to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by Alpha to maintain qualification for NGDC transportation service and resolve imbalances that may arise during the term of this Agreement. Alpha as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s city gate requirements as established by the NGDC and in response to information provided by the NGDC. The Sales Points for the natural gas supplies provided under this Agreement will be a point or points located outside the State of Pennsylvania as selected from time to time by Alpha to assure service reliability. The Delivery Points for the natural gas transported by interstate pipelines will be the city gate stations of the NGDC. Alpha agrees to arrange for the transportation of the natural gas supplied under this Agreement from the Sales Points to the Delivery Points and from the Delivery Points to the Customer’s end-use premises. These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.
  9. Title. Customer and Alpha agree that title to, control of, and risk of loss to the electricity and/or natural gas supplied by Alpha under this Agreement will transfer from Alpha to Customer at the Sales Point(s).
  10. Warranty. This Agreement, including the Welcome Letter, any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Alpha. Alpha makes no representations or warranties other than those expressly set forth in this Agreement, and Alpha expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
  11. Force Majeure. Alpha will make commercially reasonable efforts to provide electricity and/or gas hereunder but Alpha does not guarantee a continuous supply of electricity and/or gas to Customer. Certain causes and events out of the control of Alpha (“Force Majeure Events”) may result in interruptions in service. Alpha will not be liable for any such interruptions caused by a Force Majeure Event, and Alpha is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution system, non-performance by the EDC AND/OR NGDC (including, but not limited to, a facility outage on its distribution lines or electric facilities), changes in laws, rules, or regulations of any governmental authority or any other cause beyond Alpha’s control.
  12. Liability. The remedy in any claim or suit by Customer against Alpha will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Alpha or Customer be liable for consequential, incidental, indirect, special or punitive damages. These limitations apply without regard to the cause of any liability or damages. There are no third-party beneficiaries to this Agreement.
  13. Alpha Contact Information. Customer may contact Alpha’s Customer Service Center at 1.888.636.3749, Monday through Friday 9:00 a.m. – 5:00 p.m. EST (contact center hours subject to change). Customer may write to Alpha at: Alpha Gas and Electric, LLC, 971 Route 45, Suite 202, Pomona, N.Y. 10970.
  14. Dispute Resolution. In the event of a billing dispute or a disagreement involving Alpha’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Alpha by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the PUC pursuant to its Complaint Handling Procedures (“Procedures”) or calling the PUC at 1.800.692.7380 or by writing to the PUC at the following address: Public Utility Commission, PO Box 3265, Harrisburg, Pennsylvania 17120. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of PUC.
  15. Choice of Laws. Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of Pennsylvania. This Agreement shall be construed under and shall be governed by the laws of the State of Pennsylvania without regard to the application of its conflicts of law principles.
  16. Taxes and Laws. Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Agreement, other than taxes based on Alpha’s net income, shall be paid by Customer, and Customer agrees to indemnify Alpha and hold Alpha harmless from and against any and all such taxes.
  17. Regulatory Changes. This Agreement is subject to present and future legislation, orders, rules, regulations or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which impacts any term, condition or provision of this Agreement including, but not limited to price, Alpha shall have the right to modify this Agreement to reflect such Regulatory Change by providing 30 days’ written notice of such modification to the Customer.
  18. Emergency Service. The EDC AND/OR NGDC will continue to respond to leaks and emergencies. In the event of a service interruption or other emergency, Customer should immediately call their EDC AND/OR NGDC.
  19. Refund Policy. As the commodity supplied under this Agreement is immediately used and consumed by Customer upon delivery, it is not practical to return the product subject to this Agreement, and therefore refunds with respect to the commodity are not provided.
  20. Parties Bound. This Agreement shall not become effective until accepted by Alpha. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Customer and Alpha have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein. In the case of telephonic or electronic enrollment execution shall be deemed provided pursuant to the methods authorized by the PUC.
  21. Green Product. Electric – Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e ® Energy certified product are verified and certified by Green-e ® Energy, and the seller of a Green-e ® Energy certified product is required to disclose the quantity, type and geographic source of each certificate. Green-e Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area. Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e ® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e ® Energy please visit its website, www.Green-e.org. Please see the Product Content Label for more information. Gas – Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. These carbon offsets are certified by Green-e® Climate, which requires companies to provide their customers with this notice of Price, Terms, and Conditions of service. For more information about Green-e Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100. These carbon offsets represent the reduction of a specific quantity of greenhouse gas (GHG) emissions. By purchasing these offsets, you alone have the right to all associated claims about the environmental benefits they embody. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http://www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The actual percentages or metric tons of GHG emissions reductions by type may vary by a small percentage. In the case of a significant variance, the Seller of the Certified Offsets is obligated to provide you with more accurate historical disclosure. For more information see the Green-e® Climate Code of Conduct available at www.green-e.org.
  22. Other Provisions: A. Severability: If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way. B. Waiver: No partial performance, delay or failure on the part of Alpha in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder. C. Universal Service: Your EDC AND/OR NGDC may have programs available to customers who are on a limited or fixed income to assist them with utility bills. Information on these programs is available from your EDC AND/OR NGDC. D. Renewal: If you have a fixed term contract approaching the expiration date, or whenever we propose to change the terms of service in any type of contract, you will receive two separate written notifications that precede either the expiration date or the effective date of the proposed changes. These notifications will explain your options going forward
  23. Contact Information: Alpha Gas and Electric, LLC (Alpha): 12 College RD. Suite 100 Monsey, NY 10952 888-636-3749. Pennsylvania Public Utility Commission (PUC): P.O. Box 3265 Harrisburg, PA 17105-3265 Choice Hotline Number: 1.800.692.7380 Utility Information: Duquesne: 411 Seventh Avenue, Pittsburgh, PA 15129 – 888.393.7100. Columbia Gas of Pennsylvania: 501 Technology Drive Canonsburg, PA 15317 – 888.460.4332. Metropolitan Edison (MetEd): 2800 Pottsville Pike, Reading, PA 19612 – 800.545.7741. NFG Distribution: 6363 Main Street Williamsville, NY 14221 – 800.365.3234. PECO (E): 2301 Market Street, P.O. Box 8699, Philadelphia, PA 19101 – 800.494.4000. PECO (G): 2301 Market Street, P.O. Box 8699, Philadelphia, PA 19101 – 800.494.4000. Pennsylvania Electric (Penelec): 1091 Broad Street Johnstown, PA 15906 – 800.545.7741. Pennsylvania Gas Works: 800 W. Montgomery Avenue, Philadelphia, PA 19122 – 1.800.242.1776. Pennsylvania Power (Penn Power): 233 Frenz Drive, New Castle, PA 16101 – 800.720.3600. Peoples Natural Gas: P.O. Box 535323, Pittsburgh, PA 15253-5323 – 1.800.400.4271. PPL Electric Utilities: 827 Hausman Road, Allentown, PA 18104-9392 – 800.342.5775. West Penn Power: 800 Cabin Hill, Greensburg, PA 15601 – 800.686.0021. UGl Utilities: 2525 North 12th Street, Suite 360 Reading, PA 19605 – 800.276.2722

Pennsylvania Terms and Conditions

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