Community Power Utility

Terms & Conditions

Community Power & Utility is a leading supplier of retail electricity to customers in Connecticut, and is located at 1120 Federal Rd #3 Brookfield, CT 06804-1122. Community Power & Utility is licensed in Connecticut by the Department of Public Utility Control (“DPUC”) as an Electric Supplier and is certified by the Federal Energy Regulation Commission (“FERC”). Community Power & Utility sets the generation price and charges for our Customers, DPUC regulates distribution prices and services and FERC regulates the transmission prices. CL&P or UI (“Utility”) will continue to read your meter and bill for the electricity and distribution services on our behalf.

Term:

The initial Term of this Agreement is as indicated on the Enrollment Form, Telephone Verification or within the Welcome Letter. The initial Term will begin from the date of service as determined by the Utility. Upon completion of the initial Term, this agreement will automatically renew with a variable rate for an additional term of one year unless cancelled or renewed by the Customer or Community Power & Utility. Cancellation must be in writing within 45 days of the expiration of the initial Term and mailed to Community Power & Utility LLC 1120 Federal Rd #3 Brookfield, CT 06804-1122. Terms and Conditions of the variable rate renewal period will be made available to the Customer via mail, electronic mail or Community Power Utility’s website (www.communitypower.com).

Variable Rate:

If the Customer has selected a variable rate, the Rate assigned to each individual account will be established each month, based upon such factors as load ratio, energy market pricing, transmission costs, utility charges and other market price related factors. The rate assigned to any particular individual account may vary from the rate assigned to any other particular individual account, even though such accounts may be in the same utility rate class. The monthly rate may be higher or lower than the Utility price in any given month. The Rate does not include taxes, regulated charges from the Utility, transmission and distribution charges, Customer account fees, and other Utility transition charges.

Basic Service Availability:

Under Connecticut law, you have the right to basic service from the Utility. Basic service is power supplied to you received from your distribution company, rather than buying electricity directly from a supplier. The price for default service is variable, and will therefore change based on the market price for electricity. All customers are eligible to receive basic service at any time, and may stay with this service indefinitely, though it may not be the most cost-effective means of buying electricity. If this agreement is terminated prior to the end of the initial Term, you may be subject to termination penalties outlined below.

Billing:

If the Customer meets the requirements for the Local Distribution Company’s (Utility) consolidated billing program, the Customer will receive one bill from the Utility where the Customer’s Community Power & Utility supply charges will be listed separately from the Utility’s delivery charges.

Representations and Warranties:

The electricity supplied by Community Power & Utility under this agreement will be purchased from a variety of sources. Community Power & Utility makes no representations or warranties other than those expressly set forth in this agreement. Community Power & Utility expressly disclaims any warranties, expressed or implied, including warranties of merchantability, conformity to models or samples, and fitness for a particular purpose.

Right of Rescission:

Under DPUC rules, a customer with a maximum demand of 500 kilowatts or less has three (3) days following Utility’s notification of a change in supplier to provide to the Utility with written notice that the Customer is electing to rescind, without charge, penalty or liability, the decision to select Community Power & Utility as its electric energy supplier. To rescind this agreement within the rescission period contact Community Power & Utility at 1-877-775-4022.

Dispute Resolution:

In the event of a billing dispute or a disagreement involving any essential element of this Agreement, the parties will use their best efforts to resolve the dispute without the assistance of third parties within forty-five (45) days. Community Power & Utility is available at 1-877-775-4022 to help with questions or concerns regarding the Customer’s account. If Community Power & Utility is unable to resolve the matter within forty-five (45) days, it may be submitted by either party to mediation or a court of competent jurisdiction. The Customer shall remit payment as required during the dispute, and such payment shall be refunded if warranted by the decision of the mediator or court. The DPUC can be contacted at 1-800-382-4586, or by mail at Connecticut Department of Public Utility Control, Consumer Services, Ten Franklin Square, New Britain, CT 06051, or online at http://www.ct.gov/dpuc.

Estimated Meter Readings:

The Utility may estimate the Customer’s usage under regulations set by the DPUC. The Utility must take an actual reading at least every other billing cycle, and its procedure for estimated readings must be approved by the DPUC. The bill will clearly indicate if it is an estimated reading by use of the word “ESTIMATE” on the bill, in close proximity to the estimated amount.

Information Release Authorization:

Customer authorizes Community Power & Utility to obtain and review information regarding the Customer's credit history from credit reporting agencies and Customer’s consumption history, billing determinant and credit information from the Utility. This information may be used by Community Power & Utility 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. The Enrollment Confirmation shall be deemed to represent Customer’s authorization for the release of this information to Community Power & Utility. This authorization will remain in effect during the Term of this Agreement. Customer may rescind this authorization at any time by providing written notice thereof to Community Power & Utility, or calling Community Power & Utility at 1-877-775-4022. Community Power & Utility reserves the right to cancel this Agreement on a thirty (30) calendar days notice in the event Customer rescinds such authorization.

Termination of Service:

Community Power & Utility may terminate service to the Customer in the Event of Default. The Customer will then receive energy service from the Utility or will be given an opportunity to choose a different energy provider. The Customer will be responsible to pay for energy consumed prior to service termination.

Disconnection of Service:

Only the Utility has the ability to disconnect the Customer’s service. Failure to make full payment of the charges due hereunder will be grounds for disconnection in accordance with DPUC rules on the termination of service to non-residential customers.

Meter Equipment:

Community Power & Utility does not take ownership of the Customer’s current metering equipment.

Indemnity:

Each party to this agreement shall indemnify, defend and hold harmless the other from and against any claims arising from or out of any event, circumstance, act or incident first occurring or existing during the period when control and title to electric energy is vested in such party.

Events of Default:

An Event of Default shall mean (i) the failure to make, when due, any payment required under this agreement, (ii) the failure to take electric supply when delivered under the terms of this agreement if such failure is not cured within ten (10) business days after giving written notice, (iii) significant downgrading of Customer’s credit rating since the Effective Date of this agreement, (iv) if Customer files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection of creditors, or have such petition filed against it and such petition is not withdrawn or dismissed for twenty (20) days after such filing, or (v) the customer is unable to pay its debts as they are due and such inability is not cured within ten (10) business days after giving written notice as defined herein.

Collection of Past Due Charges:

Community Power & Utility will pass through to the Customer all charges related to the collection of past due charges, including, but not limited to, collection agency fees, legal and court fees, and account termination fees.

Electric Emergencies and Power Quality:

The Utility will continue to operate the electric transmission lines and to maintain responsibility for power outages and for power quality. The Customer will hold Community Power & Utility harmless in the event of a loss of power caused by any entity other than Community Power & Utility. If the Customer has an electrical emergency, power outage or reduction in power quality, the Customer should contact the Utility at its emergency number.

Notices:

All Notices and similar correspondence will be in writing and delivered as specified in this agreement to both the Customer and to Community Power & Utility, as applicable, by regular mail, electronic mail, courier, or facsimile. Notice will be effective upon either confirmation of receipt by the person to whom it is addressed or when delivery is confirmed by the carrier, whichever is earlier.

Remedy for Customer Event of Default:

In the event of a Customer Event of Default, Community Power & Utility has the right to terminate this agreement in accordance with the Termination of Service provision.

Assignment:

The Customer may not assign its interest in and obligations under the Agreement without the express advance written consent of Community Power & Utility. Community Power & Utility may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any agreement and may assign this Agreement to another energy supplier, energy services company or other entity in accordance with the DPUC rules and procedures, if any, governing such transactions.

Publicity:

Community Power & Utility shall be entitled to disclose and publicize the identity of Customers as a client of Community Power & Utility, and display Customer’s logo on its website or other marketing material.

Force Majeure:

Force Majeure means an event or circumstance not reasonably within the control of or due to the negligence of Community Power & Utility, including without limitation acts of God, accidents, strikes, labour disputes, required maintenance work, inability to access the Utility system, non-performance by the Utility, cuts to service lines, changes in laws ,regulations or practices and procedures of any governmental authority or any other cause beyond the reasonable control of Community Power & Utility. Community Power & Utility will endeavour in a commercially reasonable manner to provide service, but cannot guarantee a continuous supply of electrical energy. Force Majeure events may result in interruptions in service to the Customer. Community Power & Utility does not produce, transmit or distribute electricity provided to the Customer under this agreement, and therefore will not be liable for any damages whatsoever for such interruptions in service.

Limitations of Liability:

Liability for damages not excused due to Force Majeure or otherwise shall be limited to direct actual damages. Neither party will be liable to the other for consequential, incidental, punitive, exemplary, or indirect damages. These limitations apply without regard to the cause or responsibility of any liability or damage.

Entire Agreement:

The signed agreement, including these Terms and Conditions, constitute the entire agreement for the purchase of electric energy supply between the Customer and Community Power & Utility. This agreement takes the place of “any and all” prior agreements and understandings, oral or written, regarding Community Power & Utility supplying electric energy to the Customer.

Emissions & Disclosure

What is this label about?

It is about helping you compare the benefits of generation services offered by Community Power & Utility to those of other competitive electric suppliers, and to CL&P & UI.

To our customers:
Licensed Suppliers, CL&P, or UI can provide electric generation services in Connecticut to you. You can make this choice. This Community Power & Utility disclosure label can be used to compare prices and other items (such as generation power sources and renewable sources) to those that of other Suppliers, CL&P or UI may offer you.

Important considerations in making your comparisons and choice:

• Ask the Supplier, CL&P or UI if its offer is all-inclusive or not all-inclusive, so you can make the right comparison and choice. Suppliers, CL&P and UI in Connecticut are required to disclose this information to you in their labels.
• An all-inclusive offer includes all charges and fees related to the generation portion of your electric bill included in the price of the Generation Service Charge (GSC). A Not all-inclusive offer does not; thus, there are other charges and/or fees that you would be assessed in addition to the GSC.
• Check any contract or agreement you are considering from a Supplier for specifics on price, such as whether pricing is fixed or variable, the term / length of contract, and any other charges, enrolment fees, deposits or requirements for which you are responsible.

Other questions you can ask a potential supplier:

• Is the Supplier licensed by the Connecticut DPUC?
• Ask the Supplier to estimate your electric generation cost relative to CL&P’s / UI and explain other possible benefits of switching your service. The average residential customer in Connecticut uses 700 kWh per month. This would be a good comparison starting point. Some examples of the possible benefits are cost savings, budget certainty, risk management, product offerings and renewable energy.
• How does the Supplier’s all-inclusive price compare with the current CL&P or UI GSC charge?
• Will the Supplier’s price change when the CL&P or UI GSC price changes or is it fixed for the term of the contract / agreement?
• If I switch to a Supplier, will my GSC charge still be on the CL&P / UI bill or will I receive a separate bill from the supplier?
• If a Supplier issues a separate bill to me, will there be a late payment fee and, if so, what is the annual percentage charge?
• Does the Supplier offer a choice of energy sources, such as renewable energy?
• What is the Supplier’s contact information if I have questions? Contact information should include the Supplier’s phone number, Customer Service hours, Mailing Address and Contact Name.

For the term of your service - See the section labelled “Term” in the Terms and Conditions in your contract or on our website: http://www.communitypower.com. For Pricing Information – See the section labelled “Variable Rate” in the Terms and Conditions in your contract or on our website: http://www.communitypower.com.

Reminder: Your monthly electric bill also has a section for delivery service. This service is for the poles, wires, transformers and all of the other services to deliver electricity to your home or business. Delivery service charges do NOT include what you pay for your electric Generation Service in the GSC charge. You pay delivery service charges whether you buy your electricity from CL&P, UI or any other supplier.

About Power Sources

Your electricity is transmitted across the New England electric system, which receives electricity from power plants throughout the region to meet the requirements of all customers in New England. The “New England Power Pool System Mix” represents the percentage of power supply from each power source in the regional system. Suppliers are responsible for generating and / or purchasing electricity that is added to the electric system in an amount equal to your electricity use. To promote the development of renewable / clean sources, Connecticut, through legislation called the Renewable Portfolio Standard (RPS), requires all Suppliers to acquire specific percentages of energy from renewable resources. CT RPS sources are defined as Class I, Class II and Class III. Class I renewable sources include solar power, fuel cells, methane gas from landfills, ocean thermal power, sustainable biomass, wave or tidal power, low emission advanced renewable energy conversion technologies, and certain run-of-river hydropower. Class II renewable sources include trash-to-energy, certain biomass facilities, and certain run-of-river hydropower facilities. Electricity generation from renewables has lower emissions and less of an impact on the environment than that produced from conventional fossil fuels. As an alternative to providing the RPS requirements, a Supplier may pay an alternative compliance payment. Class III sources include CT commercial & industrial facilities using combined heat and power systems with at least 50% operating efficiency, a waste heat recovery system or electricity savings from energy efficiency measures.

Air Emissions from Power Sources

The air emissions listed below are produced when certain fuels are used to generate electricity. Carbon Dioxide (CO2) is released when coal, oil, natural gas, trash, methane and biomasses are burned.
Carbon Dioxide, a greenhouse gas, is thought to be a major contributor to global warming.

Nitrogen Oxide (NOx) is formed when fossil fuels, trash, methane and biomasses are burned at high temperatures. They contribute to acid rain and ground-level ozone (or smog), and may contribute to respiratory illnesses. NOx also accelerates vegetative growth in lakes and coastal waters, which may lead to oxygen deprivation that is destructive to fish and other aquatic life.

Sulphur Dioxide (SO2) is formed when fuels containing sulphur are burned, primarily coal, oil and trash. Health risks associated with SO2 include asthma, respiratory illnesses and aggravation of existing cardiovascular disease. SO2 combines with water and oxygen in the atmosphere to form acid rain, which raises the acidity level of lakes and streams, is detrimental to crops and forests, and accelerates the deterioration of buildings and monuments.

Additional Information:

This label provides information on the New England regional electric system power sources and the air emissions related to electricity generation. For additional information on Supplier prices, power sources and air emissions, please visit the CT DPUC’s Electric Supplier Info Database, www.dpuc.state.ct.us/el_aggre.nsf