New York State Public Service Commission Your rights as an energy services company consumer ESCO Consumer Bill of Rights Customers can purchase energy from an Energy Services Company (ESCO) or from a traditional utility. If you choose to purchase energy from an ESCO you are entitled to: A clear description of the services offered by the ESCO. Receive energy delivery and 24-hour emergency services from your utility company. Clear procedures for switching energy suppliers, including information about the enrollment process. Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including: price and all variable charges or fees; length of the agreement; terms for renewal of the agreement; cancellation process and any early termination fees, which are limited by law; and conditions, if any, under which the ESCO guarantees cost savings. Rescind an agreement with an ESCO within three days of receiving the agreement, if you are a residential customer. A description of how pre-payment agreements work, if offered. Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have as a customer. A fair and timely complaint resolution process. Provision of any written documents (contracts, marketing materials, and this ESCO Consumer Bill of Rights), in the same language used to enroll you as a customer. If you are a residential customer you are also entitled to the rights and protections of the Home Energy Fair Practices Act (HEFPA) which requires that all utility customers be treated fairly with regard to application for service, customer billing and complaint procedures. For more information go to ESCOs that do not assure these consumer rights could lose their eligibility to provide service in New York. Please report any complaints to the Department of Public Service at 1-800-342-3377 (8:30 am 4:00 pm), by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, or online at www.dps.ny.gov. You can find more information about your energy alternatives by visiting www.askpsc.com. Rev 121116
Stream Energy Residential/Small Commercial Terms & Conditions New York DISCLOSURE STATEMENT Version: 2 Effective Date: Price Fixed Rate Plan Month to Month (MTM) Variable Rate Plan Length of agreement and end date Process customer may use to cents/kwh (for electric); cents /therm (for gas) If Fixed Rate, the price will remain the same for the term of the contract. If MTM, for the first 12 months of service (i.e., the Cash Back Reward period) to calculate the monthly rate for this product, Stream Energy will use the rate that is published/posted by the local incumbent utility on or around the 1 st of each calendar month where your premise is located. That rate will remain in effect until the next rate published/posted by the local incumbent utility, at which time, the new rate will apply. Beginning on the 13 th month while this agreement is in effect, the price for the Variable Price Plan including the price if your plan or product defaults to a month-tomonth variable rate at the end of any fixed rate term may fluctuate and is subject to change at the sole discretion of Stream Energy 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 enrollment effective date A residential customer may rescind by calling the toll-free number within 3
rescind the agreement without penalty Amount of Early Termination Fee and method of calculation Amount of Late Fee and method of calculation Provisions for renewal of the agreement business days of receipt of the agreement. Contact us at 1-877-369-8150; 8 AM to 11 PM ET, Monday Friday and 9 AM to 6 PM ET, Saturday. Closed Sunday. Hours subject to change. $ No early termination fee for variable service. Residential customers on a fixed rate agreement may be subject to an Early Termination Fee in the amount set forth. Small Commercial Only: Small Commercial customers on a Fixed Rate Term Plan may cancel the Agreement at any time with thirty (30) days advance written notice to Stream Energy via U.S. Mail at the address indicated in the Section titled, "Contact Information" of your Terms and Conditions document or by calling the toll free telephone number. If the Customer cancels the Agreement 30 or more days prior to the end of the term of the Agreement, an Early Cancellation Fee (ECF) shall apply equivalent to 30% of the average monthly energy services for the remaining term of the agreement, but not to exceed, twice the estimated bill for energy services for an average month, based on Customer s average monthly usage for the past 12 months. If average monthly usage is not available, then the average usage for a typical customer in that service classification will be used as reported by the utility or Commission. Past due charges may incur a late fee of 1.5% per month or the interest rate posted in your utility s tariff. If we assume billing, we will follow applicable law. A $_30_ fee per account will be assessed for any returned checks due to insufficient funds. Variable rate plans renew on a month-tomonth basis. Fixed rate plans convert to a month-to-month variable rate plan at its expiration as set forth in your Terms & Conditions.
Conditions under which savings to the customer are guaranteed Cash Back Reward Savings depends upon your current product compared to this product s commodity price.if on a Cash Back Product, the Cash Back Product matches the incumbent utility rate and also offers a % cash back to allow the customer to achieve savings during first 12 months of service. See Section headed Cash Back Rewards Plan.
Stream Energy Residential/Small Commercial Terms & Conditions New York Version: 2 Effective Date: Background. This residential/small commercial (as applicable) energy sales agreement with Stream Energy New York, LLC ( Stream Energy ), an independent energy marketer, shall consist of: (i) your telephonic, electronic or written agreement to initiate service and begin enrollment with Stream Energy ( enrollment ) and (ii) the terms and conditions set forth below. The terms includes or including shall mean including without limitation, and Customer or you or your shall mean the person whose name appears on the bill for service under this Agreement, or an authorized agent thereof. Agreement to Sell and Purchase Energy. You agree to purchase, and we agree to sell to you, all of the electricity or natural gas (or both, if applicable) supply necessary to satisfy your requirements for the utility account(s) identified during your enrollment for the term of your agreement. You appoint us as your agent to acquire any information or supplies necessary to meet your electricity and/or natural gas requirements. The Local Distribution Utility (LDU) will continue to provide delivery service and to respond to any leaks or other emergencies. You agree to accept the measurements as determined by the LDU to determine the amount of electricity or natural gas to be supplied. If the LDU is unable to read your meter, the LDU will estimate your usage and your charges will be calculated based on the estimate and adjusted on a future bill. Term. This Agreement becomes effective as of the date of Customer s notice regarding the change of providers to Stream Energy is deemed effective by the LDU. If you selected a fixed rate product during enrollment, your agreement will be in effect for the number of months you selected ( Initial Term ). At the end of the Initial Term, this agreement will automatically renew on a month-to-month basis at the same terms, except that the rate will be variable month rate, unless Stream Energy sends you a written notice of proposed changes such terms in advance of the renewal date ( Renewal Term ) as described in the Material Change section. We will send you a renewal notice between thirty (30) and sixty (60) days prior to the end of the initial term. If you selected a variable rate product, your agreement will be month-to-month with a rate that can change at any time. While receiving service on a month-to-month basis, you or Stream Energy may terminate or cancel this Agreement at any time so long as thirty (30) days advanced written notice is provided to the other party. Material Change. Stream Energy may make changes to our terms and conditions without your consent, but if we make any material changes, we will send you a written notice at least thirty (30) days, but no more than sixty (60) days, prior to the change, apprising you of any proposed changes and of your right to renew, terminate or renegotiate this Agreement. Price. The price for all electricity or natural gas supplied under this Agreement shall be the rate agreed to in your enrollment for the product you selected or the rate listed in your renewal notice, plus all applicable taxes. The price does not include utility distribution service or other utility-related charges. These are separate amounts that you must pay to the utility. For Fixed Rate plans, the price you will pay for all natural gas and/or electricity is the rate specified during your enrollment. While this Agreement is in effect, the price for the Variable Rate Plan -- 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 Energy 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 Energy s pricing strategies and anticipated margins. No limit is imposed on fluctuation of variable pricing. Cash Back Plan Rewards Plan. The Cash Back Rewards Plan reward percentage is %. For eligible customers, Stream Energy will provide a Cash Back Reward equivalent to the percentage multiplied by the total natural gas and/or electricity Stream Energy commodity supply charges billed by the LDU for the previous twelve (12) months of consecutive supply service by Stream Energy, exclusive of sales taxes, the POR Discount Rate applied by the LDU and LDU delivery, transportation, and transmission charges. The Customer must take service from Stream Energy for twelve (12) consecutive monthly billing cycles during the reward period to be eligible for the Reward. Method of reward payment (i.e., a check or pre-loaded credit, debit card, or other mechanism) is at Stream Energy s sole discretion. The reward will be issued and delivered by mail after the commodity supply payment is received by Stream Energy from the LDU utility relating to the twelfth (12 th ) month of consecutive service. The reward will be sent to the mailing address that is on file with Stream Energy at the time of remittance of the reward. Stream Energy shall not be responsible for lost, stolen, or damaged rewards after they are mailed to the customer. Billing. You will receive a bill from the LDU. The bill will include both the LDU s and Stream Energy s charges. The rules of the utility tariff filed with the NY DPS will apply to billing and collection of monies owed. You must pay the LDU directly. Past-due charges may incur a late fee of 1.5% per month or the interest rate posted in your utility s tariff. If you fail to remit payment timely, or if you breach any of the terms of this Agreement, we have the right to terminate the Agreement in addition to any other rights we have. We may terminate in whole, or in part with respect to any account(s) covered by this Agreement, upon fifteen (15) days written notice, provided you do not make payment or correct the breach within the fifteen (15) day period. Failure to make payment is also grounds for the LDU to disconnect your service. We reserve the right to assume any and all billing responsibility, including the LDU s charges, if necessary. If we assume billing responsibility, we will follow the applicable Uniform Business Practices Act (UBP) and Home Energy Fair Practices Act 1
(HEFPA). A $30 fee may be assessed for all returned payments. If payments are returned two times in a twelve (12) month period, we may demand payment be made using money order, certified check or electronic funds transfer. If you pay a lesser amount than is due, even if you designate it as a full payment, our acceptance of the payment is without prejudice to any other rights or remedies we may have, and you agree we may disregard your designation and apply the payment as a partial payment to your account. Assignment. You may not assign this Agreement, either in whole or in part, or any of your rights or obligations under this agreement without our prior written consent. We may, without your consent: (i) transfer, sell, pledge or assign the accounts receivables program or billing services and may assign this Agreement and the rights and obligations thereunder to another energy supplier, energy services company or other entity as authorized by the DPS. Information Release Authorization. Customer authorizes Stream Energy to obtain and review information regarding Customer s credit history from credit reporting agencies and the following information from the LDU: consumption history, billing determinants, utility account number, credit information, public assistance status, existence of medical emergencies, status as to whether the customer has a medical emergency, is human needs, elderly, blind or disabled and data applicable to cold weather periods under PSL 32(3) and information pertaining to PSL 33, tax status and eligibility for economic development or other incentives. This information may be used by us 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 information Stream Energy. 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 to Stream Energy or by calling Stream Energy at 1-877-369-8150. Stream Energy reserves the right to cancel this Agreement in the event Customer rescinds authorization. Customer Protections. The services provided are governed by the terms and conditions of this Agreement and HEFPA. Stream Energy will provide at least fifteen (15) days notice prior to cancellation of any service. In the event of non-payment of any charges owed to us, Stream Energy may terminate Customer s commodity service and the suspension of distribution service under procedures approved by the DPS. Customer may obtain additional information by contacting Stream Energy at 1-877-369-8150 or the DPS at 1-800-342-3377, or by writing DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223, or though its website at http://www.dps.ny.gov/. You may also contact the DPS for inquiries regarding competitive retail energy at 1-888-697-7728. Cancellation. Customer may rescind this Agreement within three (3) business days after the receipt of this Agreement by contacting us toll-free at 1-877-369-8150 or in writing. Customer is liable for all Stream Energy charges until Customer returns to the LDU 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, and trued-up subsequent to the final meter reading. Variable Price Plan: Customers may cancel this Agreement at any time without penalty by calling the toll free telephone number, written notice via U.S. mail at the address indicated in Section 1 of this Agreement or by completing a switch to another supplier. Residential customers on a fixed rate agreement may be subject to an Early Termination Fee in the amount set forth in the table above. Any applicable early termination fee under this Agreement will not be in excess of either a) $100 for any contract with a remaining term of less than 12 months; or b) $200 for any contract with a remaining term of more than 12 months or; c) twice the estimated bill for energy services for an average month, provided that an estimate of an average monthly bill was provided to the customer when the offer was made by Stream Energy along with the amount of any early termination fee. Small Commercial Only: Small commercial customers on a Fixed Rate Term Plan may cancel the Agreement at any time with thirty (30) days advance written notice to Stream Energy via U.S. mail at the address indicated in Section 1 or by calling the toll free telephone number. If the Customer cancels the Agreement thirty (30) or more days prior to the end of the term of the Agreement, an Early Cancellation Fee (ECF) shall apply equivalent to 30% of the average monthly energy services for the remaining term of the agreement, but not to exceed, twice the estimated bill for energy services for an average month, based on Customer s average monthly usage for the past 12 months. If average monthly usage is not available, then the average usage for a typical customer in that service classification will be used as reported by the utility or Commission. Residential or Small Commercial. Customer s payment obligations under the Agreement will end when the outstanding balance on Customer s account is paid in full. If the Customer owes any prior ECF or other outstanding balance to Stream Energy at the time of enrollment for service under this Agreement, Stream Energy reserves the right to require full payment of the outstanding balance or ECF prior to initiation of service under this Agreement and may refuse service until all amounts are paid in full. In the event that Customer is cancelling this Agreement because Customer is moving to a new premise, then Early Cancellation Fees shall NOT apply. Stream Energy may bill Customer directly for any ECFs. In the event that Customer defaults in the payment of any ECF due under this Agreement and such indebtedness is placed in the hands of an attorney or collection agent for collection, or suit is brought on same, or the same is collected through probate, bankruptcy or other judicial proceedings, then Customer agrees to pay reasonable fees and expenses (including attorney fees) incurred by Stream Energy or the attorney/collection agent in the collection of such indebtedness. 2
Title. Natural gas and/or electricity shall be delivered to the point of delivery which is the city gate for natural gas, and the New York Independent System Operator ( NYISO ) load bus (located outside the municipality where your premise is located). Title to, control, and risk of loss to the electricity or natural gas supplied by Stream Energy will transfer from Stream Energy to Customer at the point of delivery. Stream Energy will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the electricity and/or natural gas provided hereunder. Warranty. This Agreement, including applicable attachments, constitutes the entire Agreement between you and Stream Energy. Stream Energy makes no representations or warranties other than those expressly set forth in this agreement, and expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use. Force Majeure. We will make commercially reasonable efforts to provide service, but cannot guarantee a continuous supply of energy. Certain causes and events out of our control called Force Majeure events may result in interruptions of service. You agree that we are not liable for such events. We do not transmit or deliver energy. We do not operate or control any part of the delivery of your energy, including reading your meter. The LDU is not a vendor for Stream Energy. Therefore, we are not, nor shall we be, liable for damages caused by Force Majeure events, including Acts of God, acts of any governmental authority or agency, acts of terrorism, accidents, strikes, labor disputes, required maintenance, inability to access the utility s system, non-performance by the utility, including but not limited to, a facility outage on its distribution lines, malfunction or disruption of your meter(s), or any cause beyond our control. Limitation of Liability. OUR LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DMAGES ONLY, WHICH WILL NOT EXCEED THE AMOUNT OF YOUR SINGLE LARGEST MONTHLY INVOICE DURING THE PRECEDING TWELVE (12) MONTHS. YOU WAIVE ANY RIGHTS TO ANY OTHER REMEDY IN LAW OR EQUITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY PUNITIVE, THIRD-PARTY CLAIMS OR OTHER DAMAGES WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, OR FOR LOST PROFITS OR OPPORTUNITIES ARISING FROM A BREACH OF THE AGREEMENT. Contact Information. You may contact our Customer Care Department at 1-877-369-8150, Monday Friday 8:00 am 11:00 pm ET; Saturday 9:00 AM 6:00 PM ET (contact center hours subject to change). You may write us as 1950 N. Stemmons Freeway, Suite 3000, Dallas, Texas 75207. Dispute Resolution. If you have a billing dispute or disagreement involving Stream Energy s service, the parties will use best efforts to resolve disputes. Customer should contact Stream Energy by phone or in writing above. The dispute or complaint relating to residential service may be submitted by either party at any time to the DPS pursuant to its Complaint Handling Procedures ( Procedures ) or calling the DPS at 1-800-342-3377. 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 the DPS. Governing Law. Venue for any lawsuit brought to enforce any term or connection of this Agreement or to construe the terms thereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the State of New York without regard to the application of its conflicts of law principles. Taxes and Laws. Except as otherwise provided in this Agreement or by law, all taxes due and payable with respect to your performance of your obligations under the Agreement shall be paid by you. Any lawful exemption will only be recognized on a prospective basis for the date that you provide valid tax exemption certificates to us. Regulatory Changes. If, at some future date, there is a change in any law, rule, regulation or pricing structure whereby Stream Energy is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at its sole discretion Stream Energy shall the right to cancel this Agreement on fifteen (15) days notice. Electricity or Natural Gas Emergencies. In the event of an electric or natural gas emergency, leak, or service interruption, contact your LDU at one of the following numbers. You should also contact your local emergency personnel. Central Hudson Gas and Electric: 1-800- 527-2714; Corning Natural Gas: 1-607-936-3755; National Grid (KED-NY): 1-718-643-4050; National Grid (KED-LI): 1-800-490-0045; National Grid: 1-800-892-2345; National Fuel Gas: 1-800-444-3130; NYSEG: 1-800-572-1131 (electric)/1-800-572-1121 (gas); Orange and Rockland: 1-877-434-4100; or Rochester Gas and Electric: 1-800-743-1701 (electric)/1-800-743-1702 (gas). Entire Agreement. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. The Agreement (including enrollment) sets forth the entire agreement between the parties. Any and all prior or contemporaneous agreements, understandings and representations between the parties, whether verbal or written, are superseded by the Agreement. 3