Seller: AmeriPower, LLC (hereafter AP or REP ) (hereafter Customer ) All Notices, Attn: All Notices: Street:

Transcription

1 Commercial Electricity Service Agreement (ESA) to select AmeriPower, LLC (PUC#10076) as electricity provider This Electric Service Agreement ( ESA ), together with the General Terms and Conditions and any exhibits, attached hereto, is entered into as of this day of, 2012 ( Effective Date ). Buyer: All Notices, Attn: Street: City/State: Tax ID: Phone: Billing Information (if different): Attn: Street: City/State: Phone: Fax: Fax: Zip: (hereafter Customer ) Seller: AmeriPower, LLC (hereafter AP or REP ) All Notices: P.O. Box Sugar Land, TX Phone: Fax: M F 9am 6pm CST operations@ameripower.com Website: Remittance Address: AmeriPower, LLC P.O. Box 4977 Houston, TX Start Date: [ ] Move-In [ ] Switch [ ] Priority [ ] First Available [ ] Self- Selected Switch Bill Preference: [ ] Paper Bill Required: In order to conserve paper and save trees, AP will send Customer Invoices via by default. If Customer must receive notices via US Postal Service, [ ] Renew [ ] Change of Ownership [ ] Blend & Extend Existing Contract please check the box to the left The Parties hereby agree to the following: Section A. Primary Term: [ ] 12 Months [ ] 24 Months [ ] 36 Months [ ] Months Zip: Section B. Energy Price: [ ] FIXED ENERGY PRICE: $ /kwh [ ] LMP plus monthly adder of: $ /kwh The above checked price per kilowatt hour (kwh) is for the commodity portion of your electricity service provided by AmeriPower, LLC and applies for the duration of the primary term of this ESA. This price does not include your transmission and distribution service provider (TDSP) charges which will be passed through to Customer at cost. AP may also bill you for certain other fees including but not limited to any customer and metering charges or other non-recurring fees assessed by the TDSP. The price also does not include a base monthly charge of $10.00 for each service location and all applicable taxes, fees and assessments including Gross Receipts Tax Reimbursement and the Public Utility Commission Assessment. Section C. Customer Locations (additional locations may be attached as an Exhibit A to the Agreement) ESI ID # Service Address City/State/Zip Early termination/cancellation fees will apply; however; if the aggregated demand of all the ESI IDs associated with this Agreement is less than 50 Kw, Customer has the right to rescind the Agreement within three federal business days after signing the contract. This right of rescission is automatically waived if this agreement is for a move-in or off-cycle switch. Customer Authorization The person signing this contract on behalf of Buyer acknowledges that he/she is over 18 years of age and legally authorized to choose retail electric providers for the service addresses listed above. Buyer understands and agrees that if peak demand is equal to or greater than 50KW during any 12-month period and, it waives the PUCT Customer Protection Rules (PUCT SUB. R. Section ET. SEQ) because of its load size. By signing below (facsimile signature accepted as if it were an original), I acknowledge I have read and understand the General Terms and Conditions and agree to be bound by all the terms and conditions in the Agreement. I hereby authorize AmeriPower, LLC to become my new Retail Electric Provider and to act as agent to perform the tasks necessary to make the switch to AmeriPower, LLC for all the service address(es) herein and/or on the attached Exhibit A. I wish to receive information from AP in English. (Please call if you are interested in receiving information in Spanish.) [ ] This is a tax-exempt entity. Please attach tax exemption certificate. Customer Signature: REP Signature: Printed Name: Printed Name: Title: Date: Title: Date:

2 AmeriPower LLC PUCT License No TERMS OF SERVICE FIXED ENERGY PRODUCT 9/1/2011 VERSION GENERAL TERMS AND CONDITIONS 1. Obligations. 1.1 Retail Service Obligations. AP shall sell to the Customer at the locations identified in this ESA all of Customer s nonresidential energy requirements for the premise(s). AP shall arrange for TDSP delivery service associated with the delivery of the energy in accordance with the applicable TDSP tariff for retail delivery service. 1.2 Application of Other Provisions. This ESA shall incorporate and include the Terms of Service document, Electricity Facts Label, and the Your Rights as a Customer document, which are set forth in full as attachments to this ESA. 2. Term. 2.1 Primary Term. The primary term of this ESA shall commence on the first meter read date after the Effective Date and the rights and obligations of this ESA shall continue until the first meter read date after the primary term ends unless this ESA is terminated early due to an early termination or default. 2.2 Post Term. If customer has not switched to another REP by the end of the primary term of this ESA and AP continues to remain Customer s REP of record, this ESA shall automatically renew on a month to month basis until Customer switches to another REP or signs a new ESA with AP. During the Post Term period, the Post Term Price provisions of sections and will apply. 2.3 Right of Recission. If the aggregate demand represented by all of the Customer s ESI-ID(s) is less than fifty (50) kw, Customer has the right to rescind Customer s request for AP to become its REP without fee or penalty of any kind within three (3) federal business days of the Effective Date. Early termination fees shall apply for requests received after three (3) federal business days. Customer shall call AP at to rescind this ESA. The right to rescind is not applicable for any move-in orders. Customer is responsible to pay charges for service provided until Customer switches to another REP, including TDSP charges and applicable taxes, fees and assessments. 3. Invoicing, Payment, Interest and Contract Price. AP shall invoice Customer on a monthly basis as follows. 3.1 Applicable Charges and Contract Price. The invoice shall include the following price components: a. Energy charge, which except as provided in section 3.1.1, shall be the product of the Energy Price as specified in the Cover Sheet multiplied by the Customer s energy consumption during the billing cycle at the Customer location(s) measured in KWH, billed in US$. The Energy Price includes energy charges and ERCOT ISO Fees, Nodal charges including RUC. The Energy Price does not include charges for items (b) through (f) of this section which will be billed as separate invoice items; b. Transmission and Distribution Charges, Special Service Fees, and Discretionary Service Charges as assessed by the TDSP; c. Base Monthly Charge; d. Usage Variance Price Adjustment (if any); e. All applicable Taxes; and f. All additional charges that are expressly authorized in this ESA Post Term Price. The Energy Price shall be calculated using the Post Term Price during the post term period. The Post Term Price shall be an amount equal to the greater of 13 /kwh or the weighted average LZ-SPP for the applicable ERCOT congestion zone(s) in which all Customer locations are located for the Post Term Period Post-Term Period Charges and Invoices. During the post term period, the invoice shall also include all ERCOT ISO fees incurred in serving Customer and a service fee of ten percent (10%) of the total invoice amount. 3.2 Invoices. AP shall render to Customer on a monthly basis, determined by the billing cycle dates, an invoice for all energy consumption to be paid by sixteen (16) days from the date on which the invoice is rendered, as stated on the face of the invoice. If the TDSP or ERCOT fail to issue a timely meter reading or invoice, AP may invoice Customer based on estimated meter readings. AP reserves the right to include in any subsequent bill, adjustments related to previous billings, previous billing errors and meter read errors, miscalculation of taxes, or any other errors or omissions. Any amounts that may have been overpaid shall be applied to the next monthly invoice. AP may render the invoice to Customer via mail, or facsimile, or other electronic means, to the address reflected in the Cover Sheet. If Customer disputes the amount of any invoice, Customer shall provide to AP no later than the due date written notice setting forth in detail the disputed amount and supporting calculations. If AP subsequently determines that Customer does not owe any portion of the disputed amount, AP shall apply a credit to Customer s next invoice of the amount found erroneously assessed, plus interest calculated at the rate approved by the PUCT for overbilled amounts, from the due date. 3.3 Late Payment and Charges. If invoice payments are not received by the due date, Customer will be charged a one-time late fee of 5% of the billing month's past due amount. If either principal or interest is due and owing, any payment thereafter received shall be applied against balances in the following order of priority: (1) to the late fee, (2) the oldest outstanding principal due, and (3) to the most current principal due. 3.4 Payment. Payments may be made by check, wire transfer, direct debit or electronic data interchange (on terms reasonably acceptable to both Parties). Parties shall make all payments to the address set forth in the Cover Sheet. Customer shall pay a $45.00 returned check fee per incident. 3.5 Deferred Payment Plan. You may qualify for a deferred payment plan if you cannot pay your full invoice amount, you have not received more than two termination or disconnection notices in the last twelve (12) months, or received service

3 for less than three (3) months and lack sufficient credit or satisfactory payment history. Under a deferred payment program, you must pay the outstanding balance in three (3) equal installments over the next three (3) Billing Cycles. The plan will include a 5% late payment fee for the total balance. AP also offers a bill payment assistance program for qualified customers. Please contact AP for further information about this program 3.6 Due Date Extension Plan. AP may allow Buyer to extend their due date, but not past the due date of their next month s bill. 4. Usage. The Energy Price is contingent upon the Customer s usage profile submitted by the TDSP to AP. This profile will be submitted to you on request. If your actual energy usage varies by more than 10% from that profile amount, AP may charge a usage variance price adjustment. The adjustment shall be applied to the amount of consumption beyond 10% variance from the profile amount. The adjustment shall be calculated as the difference between (1) the Energy Price and (2) the sum of: (a) the weighted average LMP for all zones and (b) the weighted average of all ERCOT ISO fees for all zones. If the weighted average LMP is less than $10/MWH, then the LMP shall be deemed to be $10/MWH for this purpose. The Usage Variance Price adjustment shall also include a service fee of 5% of the total invoice amount. In the event that Customer anticipates a material change in its usage that would affect its profile, the Customer shall provide at least forty-five (45) days written notice to AP, which shall include details on anticipated usage and supporting documentation. AP shall recalculate the usage profile based on the new information, as well as actual consumption as reported by the TDSP and other commercially reasonable information. 5. Termination Penalty. Upon an early termination by Customer, AP shall cause the TDSP to disconnect service to Customer under the process set forth in PUCT Rules unless Customer has previously arranged to take service from another REP. After an early termination, AP shall have no further obligations to Customer. In the event AP terminates this ESA should AP or its activities hereunder become subject to a change in law or regulation of any kind whatsoever that renders this ESA unenforceable or illegal and/or adversely affects AP or its business or the expected value under this ESA, no early termination fee will apply. Either Party may terminate this ESA without an early termination fee if both Parties relied upon a mutual and material mistake of fact in negotiating the terms and conditions of this ESA and cannot agree upon an amendment within 30 days after giving notice. Customer may terminate this ESA by switching to another REP before the end of the primary term, but must pay an early termination fee. The early termination fee shall be an amount in US$ equal to four (4) months of estimated energy consumption in KWH multiplied by $0.095/KWH, plus a service fee of fifteen percent (15%) of this amount. 6. Modification. AP may modify the terms of this ESA upon forty-five (45) days written notice to the Customer of a material change in the event of any legislative, regulatory, wholesale market, or ERCOT changes or TDSP tariff or system charge changes that affect AP s ability to provide service to the Customer under this ESA. Customer may decline to accept the change and terminate the ESA without penalty or early termination fee if it so notifies AP by the deadline specified in the notice. Notice is not required for modifications that benefit Customer or that are mandated by a regulatory agency. 7. Credit/Deposit Requirements AP may research Customer s credit history at any time after the Effective Date. In the event that Customer does not meet AP s minimum credit requirements, then AP may require Customer to provide a deposit or other security in acceptable form and in an amount not to exceed the highest two months payments expected during the primary term. Any security provided in the form of cash or cash equivalent that is physically held by AP shall accrue interest calculated on an annual basis at the rate set by the PUCT for deposits held by REPs. Deposits will be refunded by bill credit when Customer makes twenty-four (24) consecutive invoice payments without a late payment. Deposits held more than thirty (30) days will accrue interest from the date of receipt at the annual rate established by the PUCT. At termination, AP will apply any balance to any outstanding obligations and remit the remainder to Customer. 8. Events of Default. An Event of Default shall mean: (a) the failure of Customer to make, when due, any payment required under this ESA if such payment is not made within ten (10) business days after receipt of written disconnection notice of the unpaid balance from AP; (b) any representation or warranty made by Customer that proves to be false or misleading in any material respect; (c) the material failure of any Party to perform its obligations under this ESA which is not excused by Force Majeure; (d) a Party becomes a debtor in bankruptcy or (e) Customer fails to provide a required deposit. 9. Remedies upon an Event of Default. 9.1 Customer Default. If Customer commits an Event of Default, and it fails to cure such Event of Default within ten (10) business days of a written disconnection notice, AP may terminate this ESA and instruct the TDSP to disconnect Customer on the date stated in the disconnection notice. Customer agrees to pay all reasonable costs of collection, including court costs and attorney's fees and expenses in the event of default. 9.2 AP Default. If AP commits an Event of Default, Customer must provide ten (10) days notice. If AP does not cure the default within that time, Customer may switch to another REP without penalty or early termination fee. 9.3 Charges after Termination. After a Party terminates the ESA for an Event of Default, the non-defaulting Party may in good faith calculate the amounts due and the Defaulting Party will pay those amounts within ten (10) business days from the date of invoice. If Customer commits an Event of Default for which AP terminates this ESA, Customer will owe AP the early termination fee described in section 5 in addition to all other amounts that may be due and owing. AP may also apply any security against unpaid balances or to recover the early termination fee. 9.4 Disconnection of Customer. Any disconnection of Customer shall adhere to the procedures established by PUCT rules. 10. Representations and Warranties. Each Party hereby represents and warrants to the other Party: (a) it is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its formation and is qualified to conduct its business in those jurisdictions necessary to perform this ESA; (b) the execution and delivery of this ESA are within its powers, have been duly authorized by all necessary action, and do not violate any of the terms or conditions in its governing documents or any contract to which it is a party or any Law applicable to it; (c), it has all regulatory authorizations necessary for it to legally perform its operations; (d) this ESA constitutes a legal, valid, and binding obligation of such Party enforceable against it in accordance with its terms, subject to bankruptcy, insolvency, reorganization, and other laws affecting creditor's rights generally; (e) there are no bankruptcy, insolvency, reorganization, receivership, or other similar proceedings pending or being contemplated by it, or to its knowledge threatened against it; (f) there are no suits, proceedings, judgments, rulings, or orders by or before any court or any

4 government authority that could materially adversely affect its ability to perform this ESA; (g) it has knowledge and experience in business matters that enable it to evaluate the merits and risks of entering into this ESA. 11. Forward Contract. The Parties acknowledge and agree that the transactions contemplated by this ESA constitute forward contracts within the meaning of the United States Bankruptcy Code. 12. Assignment. Customer may not assign this ESA or any of its rights or obligations hereunder without the prior written consent of AP, which consent shall not be unreasonably withheld. AP may, without the consent of Customer: (a) transfer, sell, pledge, encumber or assign its rights or obligations under this ESA or the accounts, revenues or proceeds hereof in connection with any financing or other financial arrangements or sale of its assets; (b) transfer or assign this ESA to its affiliate; or (c) transfer or assign this ESA to any person or entity succeeding to all or substantially all of its assets. Upon such an assignment, AP shall have no further obligations under this ESA to Customer. In the event any other provision of this Agreement shall be deemed to prohibit or otherwise restrict Counterparty s assignment, subrogation or pledge of its rights hereunder, this provision shall control. 13. Binding Effect. This ESA shall inure to the benefit of, and be binding upon, the Parties and their respective successors, guarantors, and permitted assigns. 14. Force Majeure. To the extent Party is prevented by Force Majeure from carrying out, in whole or part, its obligations under this ESA and gives written notice and full details of the Force Majeure to the other Party as soon as practicable after the occurrence of the Force Majeure, then, during the pendency of such Force Majeure, a Party shall be excused from performance of its obligations. Force Majeure shall not excuse or apply to those events or conditions that a Party could have mitigated through reasonable action. 15. LIMITATION OF REMEDIES, LIABILITY AND DAMAGES. THE PARTIES AGREE THAT FOR BREACH OF ANY PROVISION OF THIS ESA, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, TO THE EXCLUSION OF ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. EACH PARTY AGREES THAT IT HAS A DUTY TO MITIGATE DAMAGES AND COVENANTS THAT IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE ANY DAMAGES IT MAY INCUR AS A RESULT OF THE OTHER PARTY S PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. 16. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS ESA, AP EXPRESSLY NEGATES ANY OTHER REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT TO CONFORMITY TO MODELS OR SAMPLES, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 17. Notices/Contact Information: All notices required under this Agreement shall be in writing to Buyer s Contact/Billing address shown above and AmeriPower s address below, or to such address as either Party may from time to time designate as the address. AmeriPower, LLC P.O. Box Sugar Land, TX Main: Fax: M-F 9 AM 6 PM CST Website: operations@ameripower.com 18. Governing Law and Choice of Forum. THIS ESA AND THE RIGHTS AND DUTIES OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED, ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS. VENUE FOR ALL PROCEEDINGS AND DISPUTES BETWEEN THE PARTIES CONCERNING THE APPLICATION AND INTERPRETATION OF THIS ESA, OR ACTIONS TAKEN PURSUANT TO THIS ESA, SHALL BE IN A STATE DISTRICT OR COUNTY COURT OF COMPETENT JURISDICTION IN HARRIS COUNTY, TEXAS. THE PARTIES TO THIS ESA EXPRESSLY AGREE THAT ALL OBLIGATIONS OF THE PARTIES SHALL BE DEEMED TO BE PERFORMED IN HARRIS COUNTY, TEXAS. 19. Waivers. No waiver by any Party hereto of any one or more defaults by the other Party in the performance of any of the provisions of this ESA shall be construed as a waiver of any other default or defaults whether of a like kind or different nature. To be effective, a waiver of any obligation or right must be in writing and signed by the Party waiving such obligation or right. 20. Severability. Except as otherwise stated herein, any provision or article declared or rendered unlawful by a court of competent jurisdiction or regulatory agency with jurisdiction over the Parties or this ESA, or deemed unlawful because of a change in law, will not otherwise affect the validity of all other obligations arising under this ESA. 21. No Third Party Beneficiaries. Subject to the provisions of section 12 of this ESA, nothing in this ESA shall provide any benefit to any third party or entitle any third party to any claim, cause of action, remedy or right of any kind. 22. Confidentiality. Neither Party shall disclose the terms of this ESA or other information exchanged by the parties to any third party (other than such Party s employees, lenders, counsel, accountants or other advisors) except in order to comply with any applicable law, order, regulatory or exchange rule. This provision shall survive the termination of this ESA for a period of two (2) years. 23. INDEMNIFICATION. EACH PARTY SHALL INDEMNIFY AND HOLD THE OTHER PARTY AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS (INCLUDING ATTORNEYS FEES), FINES, PENALTIES, LIABILITIES, ACTIONS OR PROCEEDINGS IN TORT, CONTRACT OR OTHERWISE WHICH THE INDEMNIFIED PARTY MAY BE REQUIRED TO PAY TO, OR WHICH ARE ASSERTED OR BROUGHT BY, THE INDEMNIFYING PARTY S EMPLOYEES, CONTRACTORS OR AGENTS OR THIRD PARTIES PROVIDING SERVICES TO OR RECEIVING SERVICES FROM THE

5 INDEMNIFYING PARTY, ARISING FROM OR CLAIMED TO HAVE ARISEN FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT BY THE INDEMNIFYING PARTY. 24. Amendments. No amendment of the terms and provisions of this ESA shall be or become effective except as memorialized by a written document executed by the Parties. 25. Non-Discrimination. AP does not discriminate, deny service, or require a prepayment or deposit for service based on a Customer s race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services. 26. Refusal of Service. AP may refuse to give you electric service for the reasons specified in ( Refusal of Electric Service at of the PUCT rules and regulations. 27. UCC: Except as otherwise provided for in this ESA, the provisions of the Uniform Commercial Code ("UCC") of Texas whose laws shall govern this ESA shall be deemed to apply to this ESA and Energy shall be deemed to be a "good" for purposes of the UCC. 28. Definitions. As used in this ESA, the following terms shall have the respective meanings set forth below. Discretionary Services Charge means those charges assessed by the TDSP at the Customer s request, or at AP s request on Customer s instruction, for performance of services classified as discretionary services under the TDSP s retail delivery service tariff. "ERCOT" means the Electric Reliability Council of Texas. ERCOT ISO Fees means all fees and charges, however identified, as assessed by ERCOT to AP s qualified scheduling entity, including those charges for congestion management, ancillary services, transmission and distribution losses, ERCOT administrative fee, balancing energy neutrality adjustment, renewable energy surcharge, and unaccounted for energy (UFE). ERCOT ISO fees also include those qualified scheduling entity fees AP incurs for scheduling and settlement. "Force Majeure" means an event that is not within the reasonable control of the Party, and which by the exercise of due diligence the Party, is unable to overcome. Force Majeure includes, but is not limited to: (i) Acts of God; (ii) civil disorder; acts of terrorism or war; (iii) good faith compliance with a then valid curtailment, order, regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, including the TDSP or ERCOT; (iv) strikes or labor disputes; (v) an event of Force Majeure causing a failure, repair or change of or obstruction in AP s equipment or machinery; (vi) failure, repair or change of or obstruction in the TDSP s equipment or machinery; and (vii) an event of Force Majeure occurring with respect to the TDSP s electric distribution facilities. Local Marginal Prices or LMP means the ERCOT published Day-Ahead Market (DAM) settlement point price that are calculated for Resource Nodes, Load Zones and Hubs for a one hour Settlement interval, as listed on the ERCOT web portal. Monthly Base Charge means a monthly per meter fee of $10.00 unless otherwise agreed for each billing cycle. Nodal is a redesigned grid that consist of more than 4,000 nodes, and will replace the current congestion management zones. Public Utility Commission or PUCT means the Texas state agency with jurisdiction over retail electric service. "REP" or "Retail Electric Provider" means a seller of energy that is permitted to lawfully sell and deliver, or cause to be delivered, energy to retail electric customers located in Texas under PURA. "Special Service Fees" means all deposits, connection fees, metering charges, installation costs for equipment to maintain a power factor of not less than 95% lagging at each Customer location meter and all other non-recurring charges assessed by the TDSP related to the purchase and installation of meters and associated equipment or other similar amounts payable to TDSP to establish or maintain electric service at a Customer location. "Taxes" means any and all gross receipts, ad valorem, property, occupation, generation, privilege, sales, use, consumption, excise, lease, transaction, franchise, utility, regulatory, BTU or energy, gross receipts, administrative services, municipality and other similar Taxes and other Taxes, governmental charges, licenses, fees, permits and assessments but excluding Taxes based on net income or net worth enacted and effective as of the Effective Date and/or during the Term, including that portion of any Taxes that (i) constitute an increase, regardless of where or in what manner such Taxes are assessed, or (ii) result from the application of any taxes to a new or different class of parties, regardless of where or in what manner such taxes are assessed. "Transmission and Distribution Charges" means for each Customer location, all transmission and distribution charges and other cost recovery charges and fees outlined in the TDSP s tariff and billed to AP for TDSP services to deliver energy to the applicable Customer location. "Transmission and/or Distribution Service Provider or TDSP" means the entity (and any successors thereto) transmitting and/or distributing energy on behalf of AP or Customer to or from a location, including, without limitation, transmission and distribution utilities, municipally owned utilities and electric cooperatives whose distribution system currently is interconnected with a Customer location.