Ohio

Agreement to Sell and Buy Energy: For the sale and purchase of electricity, this is an agreement between Energy Plus Holdings LLC (“EPH”) and you, the customer (“Customer”), under which Customer shall initiate electricity service and begin enrollment with EPH; for the sale and purchase of natural gas this is an agreement between Energy Plus Natural Gas LLC (“EPNG”) and Customer, under which Customer shall initiate natural gas service and begin enrollment with EPNG (“Agreement”). EPH and EPNG may be collectively or individually referred to as “Energy Plus^®” or “EP” Generally, the words “you” and “your” refer to the Customer, unless clearly stated otherwise. EPH agrees to sell and you agree to buy all of your electricity requirements for the account(s) listed in your Welcome Confirmation (your welcome letter or email). EPNG agrees to sell and you agree to buy all of your natural gas requirements for the account(s) listed in your Welcome Confirmation (your welcome letter or email). This Agreement is for electricity generation service and/or natural gas supply service only. Your local distribution utility ("LDU") will continue to deliver electricity and/or natural gas to your residence or business through transmission and distribution facilities owned by the LDU.
 
Rate: Variable. The price may vary each billing cycle and any fluctuations will be based on, but are not limited to changes in any of the following factors:
For Electricity– the wholesale cost of electricity, including energy, capacity, settlement, ancillaries, related transmission and distribution charges and other market-related factors; plus all applicable taxes, fees, charges, costs, expenses and margins.
For Natural Gas– the wholesale cost of natural gas commodity, capacity, storage, balancing, transportation to the Delivery Point, agency services; plus all applicable taxes, fees, charges, costs, expenses, and margins.
The price may be higher than your LDU’s price. EP’s price does not include LDU service, delivery and other LDU-related charges, which are separate amounts that you must pay to your LDU. If enrolled in the Energy Plus Green Option for electricity, this rate also includes the cost of purchasing Renewable Energy Certificates.
 
Right to Rescind: You will receive a written confirmation notice from your LDU confirming your decision to enroll with EP. You have the right to rescind your enrollment with EP, without penalty, within seven (7) business days of the postmark on your LDU’s confirmation notice (“Rescission Period”). To rescind your enrollment during the Rescission Period, you may contact your LDU orally (see LDU Contact Information below), electronically or in writing, as available. This Agreement is not binding until the Rescission Period has expired and you have not rescinded your enrollment. Any cancellation after the Rescission Period shall be subject to the Term provisions below. 
 
Term and Renewal: This Agreement shall be binding as of the date that your enrollment is accepted by EP, which shall not be before the expiration of your Rescission Period as required by the Public Utilities Commission of Ohio (“PUCO”) (“Enrollment Acceptance”). The initial term of this Agreement is estimated at one month and shall cover the period from Enrollment Acceptance through your first billing cycle with EP as your electricity and/or natural gas supplier (“Initial Term”). EP intends to send your enrollment to your LDU within three (3) business days following your enrollment with EP; however, enrollment requests may be held by EP for the purpose of resolving questions related to enrollment data or as needed for EP to complete set up with processing vendors and your LDU. Upon completion of the Initial Term, this Agreement shall automatically renew on a month-to-month basis under the same terms (“Renewal Term”), unless EP sends you thirty (30) days’ advance written notice and apprises you any proposed changes in terms and conditions of this Agreement. EP will begin supplying your electricity and/or natural gas on the date(s) that the LDU deems the switch to EP effective. 
 
Termination: You may terminate this Agreement at any time without penalty, provided that you give EP thirty (30) days’ advance notice. If you cancel this Agreement during the first month, you may forfeit some of the rewards described in your Welcome Confirmation. EP also reserves the right to terminate this Agreement at any time, in whole or with respect to any particular account(s) covered by the Agreement, by providing you with thirty (30) days’ advance written notice. Any or all of your account(s) that are terminated shall be returned to your LDU unless you enter into an agreement with another electricity and/or natural gas supplier for energy supply services. It may take up to two (2) billing cycles for your account(s) to be returned to your LDU or switched to another supplier. Switching fees may apply under your LDU’s tariff. EP will not separately charge a switching fee. You agree to pay all of the charges for electricity and/or natural gas supplied by EP until the date your LDU or other supplier begins supplying electricity and/or natural gas to your account(s). If you voluntarily return to LDU supply service, you may or may not be served under the same rates, terms and conditions that apply to other customers served by your LDU. If you are moving, please contact EP as well as your LDU to ensure a smooth transition of your service. You have the right to terminate this Agreement without penalty if you relocate outside your current LDU’s service territory or you relocate within your current LDU’s service territory and your current LDU does not allow portability of the contract. In addition, this Agreement will automatically terminate, without penalty, if: (i) the requested service location is not served by the LDU; (ii) you move outside the LDU service area or to an area not serviced by EP; or (iii) EP returns you to your LDU subject to the provisions herein.
 
Customer Information Release Authorization: By entering into this Agreement, you agree that your LDU may release to EP certain information that is needed to provide service to you, including your address, telephone number, account number(s), historical usage information, energy consumption information and billing determinants. EP will not release your personal information, such as account number(s) and/or social security number, to any unaffiliated party without your affirmative written consent except for EP’s own collections and credit reporting, or if EP is required by court order or other legal authority, must do so for you to receive the rewards described in the Welcome Confirmation, to facilitate participation in programs funded by the universal service fund, or when assigning a contract to another electric and/or natural gas supplier.
 
Billing: You will receive one consolidated bill from your LDU each billing cycle for the electricity and/or natural gas service provided by EP, which will also include the delivery and other LDU-related charges provided by your LDU, plus all applicable taxes. If you are claiming tax-exempt status, you are responsible for providing EP and/or your LDU any tax exemption certificate(s), as filed with the Ohio Department of Taxation. You agree to remit payment for all of these services directly to your LDU in accordance with the payment terms stated in your LDU’s tariff.Past-due charges may incur late fees as set forth in your LDU’s tariff. Failure to make full payment may be grounds for disconnection from your LDU, pursuant to its tariffed policies and practices. EP does not offer budget billing. Your LDU may offer you budget billing or other payment plans. You have the right to request from EP up to twenty four (24) months of payment history without charge.
 
Title and Taxes:
For Electricity – Title to the electricity sold under this Agreement will pass from EPH to you when it is delivered by your LDU. You will be responsible for the payment of all transfer, sales or other taxes related to EP's service under this Agreement.
For Natural Gas – “Delivery Point” means any existing and future points of interconnection between the LDU and pipelines transporting natural gas to the LDU. Customer and EP agree that title to, control of, and risk of loss to the natural gas supplied by EP under this agreement, will transfer from EP to Customer at the Delivery Point.
 
Each party will indemnify and hold the other party harmless from any and all claims (including claims for personal injury, death, or property damage), losses, fees, taxes, damages, suits, causes of action and judgments of any kind arising hereunder while title and risk of loss are vested in the indemnifying party.

Environmental Disclosure: Environmental disclosure information is provided at our website and is incorporated by reference into this contract. The specific web address is: www.energypluscompany.com/ohenvironment. You agree that EP may make its required annual projection and quarterly comparisons of actual to projected data electronically at its website. We will also provide the information via mail upon request.
 
Limitation of Liability: EP’s liability in connection with this Agreement shall not exceed the amount of your largest monthly invoice for electricity and/or natural gas service during the twelve (12) months immediately preceding termination of this Agreement. EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY EXEMPLARY, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUES), INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES FOR CLAIMS ARISING HEREUNDER. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER BY YOU OF ANY RIGHTS AFFORDED BY STATE OR FEDERAL CONSUMER PROTECTION LAWS.
 
Binding Effects; Assignment: This Agreement shall extend to and be binding upon our respective successors and permitted assignees. You may not assign this Agreement without our prior written consent. We may sell, transfer, pledge, encumber or assign the accounts receivable and revenues derived from this Agreement (or any proceeds thereof) in connection with any financing agreement, purchase of receivables program or other billing services arrangement, and may assign the rights and obligations hereunder, in whole or in part, to an affiliate or subsidiary of EP, any person or entity that purchases substantially all of the assets of EP, or a competitive electricity or natural gas supplier licensed to do business in Ohio.
 
Dispute Resolution: If you have questions about your bill or service, you may contact EP (see EP Contact Information below). If you are not satisfied with the response from EP’s Customer Care representative, you may ask that your questions be referred to an EP supervisor, who will respond promptly.
For Electricity– If your complaint is not resolved after you have called your electric supplier and/or your electric utility, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov.
For Natural Gas– If your complaint is not resolved after you have called EP, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).
 
The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http: //www.pickocc.org.

Other Provisions: This Terms of Service and the Welcome Confirmation are, together, the entire “Agreement” between the parties with regards to the subject matter hereof and supersedes all prior agreements, either written or oral. Nothing in this Agreement shall create or be construed as creating any express or implied rights in any person or entity other than you and us. This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules and regulations of authorities having jurisdiction over the subject matter hereof. You acknowledge that this Agreement is a forward contract within the meaning of the United States Bankruptcy Code and that EP is a forward contract merchant. This Agreement is made and shall be construed in accordance with the laws of the State of Ohio. There are no third party beneficiaries to the Agreement.
 
Warranty: EP MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. EP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
 
Force Majeure: EP will use commercially reasonable efforts to provide the electricity and/or natural gas service contemplated herein, but EP does not guarantee a continuous supply of electricity and/or natural gas. Certain Force Majeure events outside of EP’s control may cause interruptions in service. If a Force Majeure event prevents EP  from performing its obligations in whole or in part, its performance shall be excused for the duration of such event, and EP will not be liable for damages associated with any delay or failure to perform as a result thereof. "Force Majeure" shall include, without limitation, sabotage, riots or civil disturbances, acts of God, acts of the public enemy, acts of vandalism, terrorist acts, natural disasters, explosions, fires, or similarly cataclysmic occurrence, labor actions, shortage or unavailability of transmission facilities, nonperformance by the LDU, or any change in law or any other action by a governmental authority that materially impairs EP’s ability to perform its obligations under this Agreement. EP will give you reasonably prompt and detailed notice of any Force Majeure occurrence.
 
Cancellation of Existing Service: You are responsible for canceling any agreements with other electricity and/or natural gas suppliers from whom you are purchasing electricity and/or natural gas supply service as of the date of this Agreement.

ENERGY PLUS^® CONTACT INFORMATION:

Internet Address: www.energypluscompany.com	Email Address: OHSupport@energypluscompany.com
Mailing Address: P.O. Box 38815 Philadelphia, PA 19104-9728	Customer Service Department: Toll-free: 1-866-698-0912 Available Monday through Friday 9:00 a.m. to 5:30 p.m. ET (subject to change)

LDU CONTACT INFORMATION:
In the event of a power outage, gas leak or any other service-related emergency, please contact your LDU using the Emergency phone number below. To rescind your enrollment during the Rescission Period, please contact your LDU using the Customer Service phone number below.

	Emergency	Customer Service
Dominion East Ohio	1-877-542-2630	1-800-362-7557
Columbia Gas of Ohio	1-800-282-0157	1-800-344-4077
Duke Energy Ohio	Electricity 1-800-543-5599 Natural Gas 1-800-634-4300	1-800-544-6900

v.GE03-20120504

 

Label Date: 12/21/11 Your Energy Plus Holdings LLC Electric Generation Disclosure Label PO Box 38815, Philadelphia, PA 19104 1-888-766-3509    www.energypluscompany.com See Other Side

What is this label about? It's about helping you compare the benefits of generation service offers of Energy Plus Holdings LLC to those of other competitive electric suppliers and to CL&P or UI. To our customers: Electric generation service in Connecticut can be provided to you by licensed Suppliers, CL&P, or UI. This is a choice you can make. This Energy Plus Holdings LLC disclosure label can be used to compare prices and other items (such as generation power sources and renewable sources) to those that 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, enrollment fees, deposits or requirements for which you are responsible. Other questions you can ask a potential supplier: Is the Supplier licensed by the CT DPUC? Ask the Supplier to estimate your electric generation costs relative to CL&P's/UI's and explain other possible benefits of switching your service. The average residential customer in CT 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.

The term of your service is month-to-month upon enrollment and is effective until cancelled by either party. Your all-inclusive rate is variable per kWh and is stated under "Rate" on your Welcome Confirmation. For Pricing Information - See "Term" and "Rate" sections in your contract.

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.

Label Date: 12/21/2011 Your Electric Generation Disclosure Label from Energy Plus Holdings LLC See Other Side

Generation Power Sources Information New England Power Pool System Mix Coal 11.86% Natural Gas 38.59% Oil (includes diesel and jet) 7.08% Nuclear 30.24% Combined Qualified Renewable Resources 5.00% Other, Misc. 7.23% Total 100% System Mix source: NEPOOL GIS Reports (Q1-2010 through Q-4-2010).  Power Sources reflect the system mix, with the CT Class I & Class II renewable sources itemized separately in the chart. CT Renewable Portfolio Standards Energy Plus Holdings LLC Compliance   Class I Class II Class III Total Required 2008 N/A N/A N/A N/A Required 2009 6.0% 3.0% 3.00% 12.0% Required 2010 7.0% 3.0% 4.00% 14.0% Required 2011 8.0% 3.0% 4.00% 15.0% Required 2012 9.0% 3.0% 4.00% 16.0%

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.

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, visit the CT PURA's Electric Supplier Info Database, www.dpuc.state.ct.us/el_aggre.nsf

In the case of an emergency or power outage, please contact your utility. UI customers call: 1-800-7CALLUI (722-5584); and CL&P customers call 1-800-286-2000.

The Connecticut Public Utilities Regulatory Authority (PURA), Ten Franklin Square, New Britain, CT 06051 Toll-free 1-800-382-4586         www.ct.gov/dpuc
Suppliers are required to post their Disclosure Label(s), and updated versions as they occur, to the Electric Supplier Info Database on the PURA's website.	PURA Disclosure Label-Supplier-template-08-2011