Coiiinsviiie.lL T H E C I T Y I N T H E S U B U R B S " READ THIS FIRST
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1 City of Elgin C/O Dynegy Energy Services 1500 Eastport Plaza Dr. Coiiinsviiie.lL T H E C I T Y I N T H E S U B U R B S " CITY OF ELGIN 150 DEXTER CT ELGIN IL READ THIS FIRST Receive lower cost electricity from the city of Elgin's chosen supplier The city of Elgin has arranged to continue providing your home or smail business v/ith electricity at a cost less than ComEd's, if you wish to receive this iower cost eiectricity, there is no need for you take any action. The reduced pricing wiil automatically be applied to your monthly ComEd bill. Beginning in February 2016, page 2 of your electric bill under "ELECTRIC SUPPLY CHARGES" will change to look like the following: I E l e c t r i c S u p p l y S e r v i c e s - D y n e g y E n e r g y S e r v i c e s $ I 1 I ELECTRIC SUPPLY CHARGES loookwh X $67.98 [! I Dynegy Energy Service [ i P l e a s e r e f e r t o y o u r s u p p l i e r c o n t r a c t f o r d e t a i l s i I 'The rates above are for iilustration purposes only. Your usage and rates may vary. [ ComEd will continue to deliver your electricity and will remain responsible for maintaining the power lines that service your home or small business. The enclosed materials from the city's new eiectricity supplier, Dynegy Energy Services, provide more information on the city's action to provide its residents and small businesses with lower electricity costs through what is referred to as a "municipal electric aggregation program." "Opt-Out" to choose your electricity supplier You may choose to receive electricity from ComEd or another electricity supplier of your choice. To choose ComEd or another supplier, simply complete and return the enclosed "opt-out" card or call Dynegy Energy Services at before November 27,2015. Elgin residents and eligible small businesses have the option to purchase electricity from ComEd or an alternative retail electric supplier under Section of the Public Utilities Act. Additional information about your options can be found at Illinois Commerce Commission website ww/w.pluginiliinois.org or from ComEd at You may also request from the Illinois Power Agency, without charge, a list of ail supply options available to you In a format that allows comparison of prices and products. See wviw.iliinois.gov/ipa for more information.
2 What is a "municipal electric aggregation program"? State law allows municipalities and counties to purchase electricity on behalf of residential and small-businesses utility customers. Those local bodies negotiate the price from a supplier other than the traditional supplier in Elgin's case ComEd with that utility the one still delivering and that power and billing you for it. That collective bargaining power often means lower power prices for consumers. If the city finds a better electric rate than ComEd's, then all city residents and small businesses will use the new provider. The electricity instead of being provided by ComEd comes from sources that alternative suppliers find on the open electricity market. ComEd, however, remains in charge of the electric lines, is the company to call if the power goes out and continues to send monthly bills and read meters. If the city cannot find a better electric rate, ComEd remains the city's electric provider. The alternative electric supplier is subject to the same laws, regulations and tariffs as ComEd. There is no degradation in utility service or bias against customers or communities utilizing municipal aggregation. The alternative electric supplier serving the city is subject to the same strict oversight by the Ilinois Commerce Commission', including licensing, consumer information and renewable portfolio standards. Residents or small businesses who wish to keep receiving power from ComEd at the higher rate may individually choose to "optout." How does Elgin's "Opt-Out" municipal electric aggregation program work? The "Opt-Out" model generally provides the lowest electrical rates because of its bulk purchasing framework. With limited exceptions, all residents and small business are included within this program unless they return a notice indicating their intention to "opt-out." The "Opt-Out" model is authorized under Illinois law and requires the successful passage of a referendum by the community's electorate. Elgin voters approved such a referendum in In the "Opt-Ouf model, a contract is negotiated on behalf of the residents and small businesses with a new electric supplier selected by the municipal aggregation process. Residents and small businesses that are still on the ComEd rate plan are notified by the new electric supplier and provided a window to indicate their desire to opt out of the program. If the customer fails to contact the chosen electric supplier within the opt-out timeframe, they are automatically converted to the new electric supplier. Residents and small businesses that are currently under contract with another alternative electric supplier are automatically excluded from the "Opt-Out" program. Residents and small businesses that have elected ComEd's hourly rate or are on a "bundled hold" because they have recently returned to ComEd after being with a different supplier, may not transfer to the altemative electric supplier. How does Elgin's contract with Dynegy Energy Services compare to ComEd's electricity rates? This is Elgin's third municipal electric aggregation contract since March Dynegy Energy Services will be supplying electricity at the rate of $ per kilowatt hour for one year beginning in January That is about three percent less than ComEd's rate. ComEd has not published rates beyond May 2016, but industry experts expect its rates to remain level. If ComEd's rates fall lower than those of Dynegy Energy Services, customers have the option of returning to ComEd without penalty. Dynegy Energy Services is providing Elgin with one hundred percent "green" or renewable energy. Renewable energy is generated from natural resources such as solar, wind and water. Dynegy Energy Services receives renewable energy credits that are then used to subsidize energy for a renewable source somewhere in the nation's electricity grid. With the city opting to use one hundred percent renewable energy, for every kilowatt hour used by an Elgin resident, a credit for producing an equal amount of energy through renewable sources is issued For even more Information, visit the city of Elgin website at:
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4 AMPLE ComEd. An FxeltinCompany C u s t o m e r N a m e : M r. B o b J o n e s Mailing Address : 123 Village Avenue Mailing City, State, Zip: McCook, IL 60S25 ComEd Account Number: Service Address: 123 Village Avenue City, State, Zip: McCook, IL Current Electric Supplier: Supplier Name New Electric Supplier: Dynegy Energy Services New Electric Supplier Telephone #: Effective Date: DATE Electric Supplier Choice Confirmation D e a r C u s t o m e r : We have received notice that your electric supplier of choice is being changed to Dynegy Energy Services. This change will take place within two business days of DATE. Please contact your new electric supplier, Dynegy Energy Services at , with any questions you may have about your supply agreement or your electric supply. You have the right to cancel this enrollment for any reason by DATE by contacting Dynegy Energy Services at or ComEd. Your electric supplier may have been changed as part of a governmental aggregation program managed by your municipality, county or township. Please contact your governmental authority or check its website if you have any questions about the program. Some suppliers may have an early termination fee while others may not. Please check your new supplier agreement for customer terms and conditions. If you are changing suppliers as part of an opt-out aggregation, your opt-out notice also provided information about any termination fee. You will remain a ComEd residential customer for electric delivery services. ComEd will still deliver electricity to residential customers in Northern Illinois independent of electric supplier choice. ComEd will continue to maintain the electric system and restore service after storms or power outages. If you have any questions about your delivery services, such as power outages, metering, moving to a new address or service requests, please visit us at ComEd.com or at EDISON-1 ( ). ComEd supports electricity competition and customer choice. To learn more about customer choice, please visit ComEd.com/customer choice or Pluglnlliinois.org. Respectfully, Val Jensen Senior Vice President, Customer Operations
5 J L ELGIN T H E C I T Y I N T H E S U B U R B S The City of Elgin currently offers an 'opt out' electric municipal aggregation program to all residential and qualified small businesses. The current aggregation program expires in January After a thorough bid process Dynegy Energy Services, LLC ("DBS") was chosen as your retail electric supplier. DBS is an independent seller of power and energy service and is certified as an Alternative Retail Electricity Supplier by the Illinois Commerce Commission (ICC Docket No ). PROGRAM DETAILS As an eligible participant, your account will be automatically enrolled in the program unless you choose to opt-out by November 27,2015. Your new price of $ per kwh is guaranteed until January % of the energy for this program comes from renewable energy sources. There is no enrollment, switching or early termination fee. This is a firm, fixed all inclusive rate. NO CHANGES IN YOUR BILLING You will continue to receive one monthly bill from ComBd. You will still be eligible for the same programs you are eligible for now through the utility, such as Budget Billing, payment agreements and energy efficiency programs. The only change will be in the Electric Supply price on your ComBd bill fhttds:// ENROLLMENT PROCESS Once your account is enrolled, you will receive a confirmation letter from ComBd confirming your "switch" to DBS. A sample "Switching" letter is included in this packet for your reference. Approximately 30 to 45 days after enrollment, you will receive your first bill with your new DBS price. Please review the enclosed Terms and Conditions for additional information. OPT-OUT INSTRUCTIONS If you choose not to participate, you can elect to be removed from the Program by completing and retuming the enclosed Opt- Out Card or calling DES at by November 27,2015. If you have questions or need additional information about Municipal Aggregation or DBS, please visit for FAQs and community specific information. DBS Customer Care is available 8:00am to 7:00pm Monday through Friday at or via at Please be advised you also have the option to purchase electricity supply from a Retail Electric Supplier (RES) or from ComBd pursuant to Section of the Public Utilities Act. information about your options can be found at Illinois Commerce Commission website: and You may request from the lliinois Power Agency, without charge, a list of all supply options available to you in a format that ailows comparison of prices and products. Sincerely, City of Elgin See Reverse for Frequently Asked Questions,
6 Electric Aggregation Program Frequently Asked Questions Overview of Municipal Aggregation What is Municipal Aggregation? Illinois law allows municipalities and counties to negotiate the purchase price of electricity on behalf of residential and small business utility customers living within their borders. While these governmental entities choosing community aggregation would be responsible for negotiating the price of power from a supplier other than the traditional utility, your utility would still be responsible for delivering that power to your home, and billing you for it. How can i get more information about the municipality or county's aggregation program? Contact your municipality or county for Information related to the referendum and the aggregation program. Additional Eligibility and Enrollment Who is eligible to participate? R e s i d e n t i a l o r s m a l l b u s i n e s s c u s t o m e r s l o c a t e d i n t h e participating governmental entity boundaries may participate. Customers enrolled in real time pricing, Power Smart Pricing, space electric heat rate, or served by an alternative retail supplier may not be eligible. How do i enroll? It's simple. It's automatic. Unless you "opt-out" of the program, all eligible ComEd customer accounts within the boundaries will be enrolled in the program. You will receive a "switch" letter from your utility, ComEd, confirming your enrollment. Do / have to participate in the municipal or county aggregation plan? All eligible ComEd utility customers within the municipal or county boundaries will receive an opt-out notification letter via U.S. mail. You may "opt-ouf by retuming the Opt-Out card by the^deadline date identified in your notification. If you choose to opt-out, your account remains with ComEd at the current utility rate. What if i decide to opt-out after Uie opt-out deadlines have passed? You may opt out at any time by calling our toll free number or sending us an . R a t e a n d T e r m i n f o r m a t i o n What are the Rates and Terms for my Municipality or County? A listing of communities served by DES can be found at Select your municipality or county to find the applicable rates, contract length, and the terms and conditions for your particular governmental entity. Customers who are enrolled in the program should see the changes on their monthly electric bill 45 to 60 days after enrollment. What is renewable or "green" energy? Renewable energy is generated from natural resources such as solar, wind, water. Dynegy retires renewable energy credits for customers selecting a renewable rate. What if ComEd rates decrease? If at any time during the term of this Agreement ComEd rates fall lower than the DES price, you will have the option to return to the utility without penalty. What happens at the end of the Agreement term? At the end of the Agreement term, as defined in the Terms and Conditions you have the option of staying with a new Municipal Aggregation program, returning to the utility, or signing with a new supplier independent of the Municipal Aggregation program. Billing and Service Information Who win bill me hr electricity? Wiii i get two biiis? You will continue to receive one monthly bill from ComEd. The bill will include the charges for electricity supplied by us, as well as the delivery service charges from ComEd. Can i stiii have my payment automaticaiiy deducted from my checking account? Yes, how you pay your bill will not change. Can i stay on budget biiiing? Yes, your budget billing will not be affected by your participation in this program. Who is responsible for the delivery of power to my home o r b u s i n e s s? ComEd will continue to deliver your electricity and will be responsible for maintaining the system that delivers power into your home. As your energy delivery company, they will continue to respond around-the-clock to outages, service calls and emergencies regardless of your electric supplier. Who do i call to report a power outage or problems with my electric service? You will continue to call ComEd for power outages, problems with your service or questions regarding your monthly bill. ComEd Residential Customers: C o m E d B u s i n e s s C u s t o m e r s : Who do i call if i have questions regarding the Municipal or County Opt-Out Electricity AggregaVon Program? Q u e s t i o n s s h o u l d b e r e f e r r e d t o a m e m b e r o f o u r D E S Customer Care team. D E S C u s t o m e r C a r e : A complete list of Frequently Asked Questions can be found at resources can be found at: httd:// or by calling DES at
7 is Dynegy ENERGY SERVICES Electric Supply Agreement City of Elgin Opt-Out Aggregation Program Terms and Conditions of Service 1. Purchase of Retail Power: Dynegy Energy Services, LLC ("DES") agrees to sell, and you, as a participant in the City of Elgin Opt-Out Aggregation Program, agree to buy, all your residential power and energy service (Retail Power) at the price and on the terms and conditions specified in this Agreement. DES is an independent seller of power and energy service certified by the Illinois Commerce Commission (ICC Docket No ). DES has been selected by the City of Elgin as the supplier for its January 2016-January 2017 Opt-Out Government Aggregation Program. The Terms and Conditions contained in this Agreement have been the subject of negotiations between DES and City of Elgin. Your Delivery Service Provider (DSP) ComEd retains responsibility for the delivery of electricity to your home. DES'S obligations under this Agreement are conditioned upon you providing complete and accurate information to DES throughout the Term. 2. Term: The Term of the Agreement will begin at the next meter read date after the DSP processes your enrollment and will end with the January 2017 meter read date for your account. The DSP determines when your meter is read. The DSP will notify you of the date on which Retail Power service from DES will begin which should take place by the next billing cycle or the one that follows. The date on which you begin to take Retail Power supplied by DES is the Effective Date. 3. Price: Your price for Retail Power service (Price) will be $ per kilowatt-hour (kwh) from January 2016-January The Price does not include any applicable taxes or DSP related fees or charges from the Effective Date through the conclusion of the Term. In the event of any change in, or enactment of, any rule, regulation, DSP operating procedure, tariff, applicable transmission tariff, ordinance, statute, or law beyond DES'S reasonable control that affects the price, sale or transmission, distribution, purchase, or other obligation pertaining to DES'S provision of Retail Power under this Agreement, DES can adjust the Price. If DES adjusts the Price, DES will provide you notice of the adjusted Price and you will have an opportunity to terminate this Agreement without any further obligation by notifying DES in writing within 30 days after the date of the notice of the adjusted Price. In such event, service will terminate effective as of the next meter read date, and you will be obligated to pay for Retail Power provided until that meter read date. DES makes no guarantees as to how the price for Retail Power service during the term of this Agreement wil compare to the price charged by your DSP for Retail Power service. 4. Billing and Payment: The Price will be itemized and included on your bill from the DSP, and is due and payable to the DSP on the same day your DSP bill is due. You will continue to be billed by your DSP taxes and other charges consistent with filed tariffe at the Illinois Commerce Commission to transmit and distribute the Retail Power supplied to you per this Agreement. You should continue to follow any bill payment procedures set forth between you and the DSP. You agree to accept the measurements as determined by the DSP for purposes of accounting for the amount of Retail Power services provided by DES under this Agreement. If the DSP is unable to read your meter, the DSP will estimate your usage and your charges will be calculated accordingly and adjusted on a future bill. DES'S ability to supply you under this Agreement is conditioned on the DSP accepting DES'S enrollment of your account for consolidated billing and purchase of receivables by the DSP. If you are not eligible for your DSP's consolidated billing and purchase of receivables, you will need to secure eligibility with your DSP before DES can serve you. Should the DSP cease providing consolidated billing and purchase of receivables for your account and/or commence billing DES for any charges relating to you, DES will bill you directly and you will pay DES for all such charges pursuant to the payment provisions specified in DES'S bill. 5. Late or Insufficient Payment: All invoiced balances under this Agreement that are not paid in full by the due date will be subject to the DSP or Illinois Commerce Commission late payment rules. 6. Rescission and Early Termination of Contract: The Illinois Commerce Commission is considering rescission and early termination of contract regulations that may afford you opportunities within certain parameters to rescind or terminate your contract without incurring an early termination fee. In addition, your DSP's tariff (which is on file with the Illinois Commerce Commission) may contain provisions regarding penalty-free rescission periods. DES will comply with all applicable provisions and regulations concerning rescission and early termination of contract. Shortly after your election to take service from DES, your DSP should provide you an enrollment notice infonning you of any rescission rights you may have and the last day for making a request to rescind. If you rescind this Agreement within the timeframe specified by your DSP, your enrollment with DES will be cancelled without penalty to you. Upon rescission in accordance with applicable law, this Agreement will be considered cancelled and neither party shall have any ftirther obligation hereunder to each other. If you do not rescind this Agreement, you still may terminate the Agreement without any termination fee or penalty within 10 business days after the date of the first bill issued to you under this Agreement by calling DES toll-free at to let DES know to terminate this Agreement. You may terminate a residential electric supply agreement in this manner only one time in any 12 month period. Upon termination, you will remain responsible for all obligations, including payment for Retail Power and related costs and charges, incurred under this Agreement prior to the effective date of termination, including any applicable termination fee.
8 7. Termination: DES may terminate this Agreement for any non-payment or any other breach of this Agreement upon 30 days prior written notice to you of such termination. If you fail to cure your non-payment or breach of this Agreement within the 30 day notice period, DES may terminate the Agreement even if you subsequently cure the non-payment or breach after such period has expired. DES may also terminate this Agreement upon 30 days prior written notice to you due to a change in law or other act beyond DES'S reasonable control or if DES is no longer able to serve you. In addition, DES reserves the right to reject your enrollment or terminate this Agreement: 1) If you move within or outside of your DSP's service territory; 2) You fail to remain a customer of your DSP throughout the Term; 3) You fail to be eligible for your DSP's consolidated billing and purchase of receivables program throughout the Term; or 4) You rescind your authorization for release of information. Upon any termination of this Agreement, you will return to your DSP's power and energy supply service unless you have selected another altemative retail electric supplier. The effective date of any termination will be the next applicable meter read date after expiration of the required notice period. Upon termination, you will remain responsible for; all obligations, including payment for Retail Power and related costs and charges incurred under this Agreement prior to the effective date of termination, including any applicable termination fee. 8. Assignment, Moving Outside of Your DSP's Service Territory: Pursuant and in aca)rd with any applicable State laws or regulations, including any required notice to you therein, DES may assign, subcontract or delegate all pr any part of its rights and/or obligations under this Agreement. You may not assign any of your rights or obligations under this Agreement without DES'S prior written consent. DES agrees not to unreasonably withhold such consent. If you move outside of your DSP's service territory, you may terminate this Agreement without incum'ng an early termination fee if such a fee would otherwise apply. 9. Information Release Authorization: Throughout the Term, you authorize DES to obta n information from the DSP that includes, but is not limited to, your account name, account number, billing address, service address, telephone number, standard offer service type, meter readings, and, when charges hereunder are included on your DSP bil, your biling and payment information. You authorize DES to release such information to third parties, including affiliates that need to know such information in connection with your Retail Power service. These authorizations will remain in effect as long as this Agreement is in effect. 10. Dispute Resolution: If you have a billing or other dispute involving DES'S service, you may contact DES toll free at (844) between the hours of 8:00 am and 7:00 pm Central Prevailing Time Monday through Friday; or by at DESCustCare@Dvneav.com: or via mail at DES, Attn: Customer Service, 1500 Eastport Plaza Drive, Collinsviile, Illinois Inquiries and complaints can also be made directly to the Illinois Commerce Commission by calling toll free (800) or visiting their web site at While a customer complaint is pending investigation by DES and/or the Illinois Commerce Commission, you are not obligated to pay the disputed portion of the bill. However, you remain obligated to pay any undisputed portion of the bill. You will be notified when the investigation is completed, and, if incorrect, your bill will be adjusted accordingly. 11.Limitation of Liability; Jury Trial Waiver: You agree that neither DES nor any of its employees, officers, directors, affiliates, agents, or subcontractors of any type or tier (collectively, the DES Parties) will be liable for any damages or claims of any kind or nature for matters within the control of your DSP or the retail transmission organization controlling the electricity grid, which include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, meter readings or injury to persons or damage to property caused by the delivery or supply of electricity. The DES Parties will not be responsible for any failure to commence or terminate power and energy service on the date specified herein due to any failure or delay in enrolling you with the DSP. The DES Parties' liability wil be limited to direct actual damages only up to the amount of your singl^ largest monthly invoice for Retail Power during the preceding 12 months. In no event will the DES Parties be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or othenvise, or for lost profits arising from any breach or nonperformance of this Agreement. BOTH YOU AND DES AGREE IRREVOCABLY AND UNCONDITIONALLY TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. 12. Force Majeure: A Force Majeure Event may arise due to causes and events out of DES'S reasonable control, including but not limited to acts of God; acts of any governmental authority; accidents; strikes; labor disputes; required maintenance work; inability to access DSP's system; and non-performance by your DSP. For example, DES does not control the transmission and distribution lines owned by your DSP and used by the DSP to deliver Retail Power to your home. Force Majeure Events may result in interruptions in your service. DES is not liable for any such interruptions or any other failure to perform under this Agreement caused by a Force Majeure Event, nor is DES liable for damages caused by Force Majeure Events. 13. Contact Information: in the event of an emergency involving your electric service (e.g. an outage or downed power lines) you should call the emergency line for your DSP. The ComEd emergency phone number Is: (800) In all other situations, you may contact DES toll free at (844) or by at DESCustCare@Dvneqv.com: or via mail at DES, Attn: Customer Service, 1500 Eastport Plaza Drive, Collinsviile, Illinois,
9 Electric Aggregation Program Opt-Out Notification..u- r Electric Utility Bill Information P l e a s e c o m p l e t e t h i s f o r m ' If you want to opt-out of your community's electric aggregation program. Name as it appears on the bill: Customer ID Number: Signature: Telephone Number: Service Street Address: By completing this form, you certify that you are the customer of record Service City: for the electric account listed above. g D y n e g y ENERGY SERVICES
10 NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES B U S I N E S S R E P LY M A I L F I R S T- C L A S S M A I L P E R M I T N O. 3 C O L L I N S V I L L E, I L POSTAGE WILL BE PAID BY ADDRESSEE DYNERGY ENERGY SERVICES 1500 EASTPORT PLAZA DR C O L U N S V I L L E I L
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