Terms of Service: New England Wind
(Specifically applies to New England Wind for National Grid, on-bill program)
This Customer Agreement for GreenUp Service (“Agreement”) is between Massachusetts Energy Consumers Alliance, Inc. (“Mass Energy”) and you, a customer who has selected Mass Energy as your GreenUp program administrator. Mass Energy is licensed by the Massachusetts Department of Public Utilities to administer the GreenUp Program in National Grid service territory. These Terms of Service govern your participation in Mass Energy’s New England WindSM. Please keep a copy for your records. From the time you receive this, you have three business days to change your mind about choosing New England Wind. You may cancel this agreement by calling Mass Energy’s toll-free customer service number (1-800-287-3950) or by writing to the billing address listed below.
Who should I contact for more information?
Massachusetts Energy Consumers Alliance, Inc. (“Mass Energy”)
284 Amory Street
Boston, MA 02130
Phone: 617-524-3950 or 1-800-287-3950
Web address: www.massenergy.org
How will I be billed?
Payments associated with New England Wind will be automatically included in your regular monthly electricity bill from National Grid. Payments for New England Wind are in addition to your current utility charges and do not in any way affect or replace your obligation to pay National Grid for the services it provides. This means that your total electricity service cost will include your New England Wind payments, as well as your National Grid retail delivery service and generation service charges. Payment of all charges, including those associated with New England Wind, are payable to National Grid. No interest will accrue on any arrears associated with New England Wind. The low-income guarantee will not apply to the provision of New England Wind.
Taxes: You must also pay all applicable federal, state and local taxes and charges.
How will my bill for New England Wind be calculated?
New England Wind is sold at a price of 3.8 cents per kilowatt-hour (“kWh”). This price will be applied to 100% of your electricity usage.
For example, the average New England household uses about 600 kWh/month. The total cost of New England Wind for this household would be calculated as follows: 600kWh x 3.8 cents = $22.8. Your total charges for New England Wind will vary from month to month according to your electricity usage.
What fuel sources will be used to generate New England Wind?
Please see the most recent Disclosure Statement at http://www.massenergy.org/renewable-energy/renewable-energyfor information on sources of New England Wind. All of New England Wind resources are located within New England. Unless notified otherwise, 100% of New England Wind will come from wind turbines that qualify as “new” electricity generating facilities. "New" renewables are generation facilities operating on or after January 1, 1998.
Will my electricity rates or resource mix change over time?
On a quarterly basis, Mass Energy will also provide you with a Disclosure Statement, which documents the price, fuel source, resource mix, emissions, and labor information on the energy you have chosen.The resource mix reported for New England Wind will be for the most recent four quarters for which data is available. You will be notified in writing of any price increases, or if the percentage of “new” wind resources decreases below one hundred percent (100%), thirty (30) days prior to any such change. If you do not wish to pay the new price or accept the new resource mix for New England Wind, you may terminate your participation by notifying Mass Energy at 1-800-287-3950.
The rates for your electricity services from National Grid may vary over time. For more information on these charges please contact the National Grid’s customer service department at 1-800-322-3223 or log on to http://www.nationalgridus.com/masselectric/for current information about your utility services.
How will I know that I am participating in the New England Wind program?
Whether you choose green power or not, a distinct set of environmental characteristics will be assigned to the electricity you use and disclosed to you each quarter. When you choose New England Wind, you will be assigned the characteristics of the New England Wind resource mix (described above). Each quarter, Mass Energy will send you a disclosure statement detailing the electricity sources and environmental characteristics associated with the electricity you used in the previous quarter.
Are my payments tax-deductible?
Yes – if you itemize your federal tax deductions! The Massachusetts Energy Consumers Alliance is considered a 501(c)(3) non-profit organization. Your participation in New England Windallowsyou to make a worthy contribution, at a reduced cost, towards the development of renewable energy generating sources.
Due to Mass Energy’s 501(c)(3), 100% of your payments for New England Wind are recognized as a tax-deductible charitable contribution for federal income tax purposes on behalf of the citizens of Massachusetts. Mass Energy will mail you a statement every January documenting the amount of money that qualifies as a tax deductible contribution through your New England Windpayments. Please note that the amount you will be able to deduct will be based upon what you actually pay for New England Wind, rather than what you are billed for New England Wind.
What is the term of this Agreement? How does this Agreement terminate? If I decide to terminate this Agreement, is there a fee?
Participation in New England Wind will begin within one month of your enrollment. Participation in New England Wind will terminate upon the first occurrence of any of the following events: you choose to receive generation service from a competitive supplier; you select a GreenUp program administrator other than Mass Energy; you terminate participation by notifying Mass Energy by telephone at 1-800-287-3950, or in writing at the address for Mass Energy listed above; you terminate participation by notifying National Grid; you move out of the service territory of National Grid; your distribution service is terminated by National Grid; the Department of Public Utilities (“DPU”) or a court of competent jurisdiction terminates the GreenUp program; or if Mass Energy, in its sole discretion, terminates your participation in the GreenUp program for any reason.
You may decide to opt out of the New England Wind program at any time. There is no termination fee for discontinuing participation as a New England Wind customer. However, arrearages are expected to be paid in full. If you opt out of Mass Energy’s GreenUp program, you will continue your current status as a National Grid Basic Service customer. If you decide to opt out of the GreenUp program by contacting either Mass Energy or National Grid, the termination will become effective after the completion of your active monthly billing cycle, as long as you cancel at least 2 days before the end of that billing cycle (if you do not cancel at least 2 days before the end of your active monthly billing cycle, the termination will become effective after the following billing cycle).
Are there any penalties for not paying my New England Wind?
It is the policy of Mass Energy that if you do not pay your New England Wind payments for two consecutive billing periods, Mass Energy, in its sole discretion, may terminate your participation in the GreenUp program. No additional penalties will apply. Mass Energy reserves the right, after 60 days, to refer any non-payment matter to an appropriate outside agency for collection.
What other fees apply?
You are not required to make any other payments as a condition for choosing to participate in this program.
Are there any other contract details that I should be aware of?
Limits on Warranty and Damages: You understand and agree that there are no warranties, either express or implied, associated with this offer or the GreenUp program sold hereunder. Mass Energy will bear no liability to the customer or any third party for consequential, punitive, incidental, special, or other indirect damages.
Assignment: With the consent of National Grid, Mass Energy may assign this agreement to another supplier offering service through the National Grid GreenUp renewable energy program. Mass Energy will provide you with thirty (30) days notice of any assignment. Any such assignment will not materially affect the terms and conditions of this Agreement.
Relationship with National Grid: Mass Energy and National Grid are working together solely for the purpose of offering you the opportunity to participate in the GreenUp program. Mass Energy is not responsible for National Grid’s failure to deliver electric service to you, or otherwise meet its obligations to you.
Entire Agreement: This Agreement, including, the Disclosure Statement attached as Exhibit A, constitutes the entire agreement between you and Mass Energy and supercedes all prior oral or written agreements or understandings relating to the provision of GreenUp service to you by Mass Energy.
Indemnification: You agree that you will be responsible for all damages or expenses that are caused by your failure to comply with this Agreement, and that you will hold harmless Mass Energy and its representatives for any claims that result, either directly or indirectly, from your failure to fulfill your obligations under this Agreement. This means that you, and not Mass Energy, will be responsible for paying any claims or damages that are caused by any failure of yours to comply with this Agreement.
Notices: All communications required under this Agreement will be sent to you at the address on your National Grid electric bill. All communications you send to Mass Energy must be sent to the address listed above.
Dispute Resolution:To the extent that the DPU chooses to exercise jurisdiction, the provisions of 220 CMR 25.02(4) apply to this Agreement. For more information on 220 CMR 25.02(4), go to http://www.mass.gov/Eoca/docs/dte/cmr/220cmr2500.pdf. If the DPU declines to become involved in any disputes involving this Agreement, including any billing disputes, you and Mass Energy agree to first use your best efforts to resolve any dispute through informal negotiations. The period for informal negotiations will not exceed fourteen days from the time the dispute arises, unless agreed to in writing. A dispute will be considered to have arisen when you send Mass Energy a written notice identifying the basis of the dispute. If the dispute cannot be resolved by informal negotiations, you agree to submit the dispute to mediation. You may choose a mediator from a list of neutral and qualified mediators provided to you by Mass Energy. If you cannot agree to a listed mediator, the American Arbitration Association, Boston, Massachusetts, will appoint a mediator. Once the mediator is appointed, the time of the mediation will not exceed sixty days, unless agreed to in writing. You and Mass Energy will each pay your own costs of the mediation. If mediation does not resolve the dispute, you or Mass Energy may file a lawsuit in any court having jurisdiction located in Suffolk County (Boston). You agree that any disputes under this Agreement will be governed by the laws of the Commonwealth of Massachusetts.