TERMS OF SERVICE: GEORGIA

These Terms and Conditions of Service, together with the Disclosure Statement, outline the complete agreement between Town Square Energy, LP and you. This Agreement is subject to all applicable Georgia laws, the Georgia Public Service Commission’s rules and regulations applicable to retail natural gas service, and the approved tariff for the electing distribution company, Atlanta Gas Light.

1.DEFINITIONS:

Atlanta Gas Light (“AGL”) – The utility that owns and operates the gas pipeline system, serves and reads your gas meter, and responds to gas leaks and other emergencies. AGL is regulated by the PSC.

Georgia Public Service Commission (“GPSC”) – The state agency that oversees the natural gas market in Georgia.

Town Square Energy, LP (“TSE”) – A natural gas marketer, certificated by the GPSC to serve natural gas customers in the AGL service territory.

Residential Customer – A customer that consumes natural gas primarily for personal, family, or household purposes.

2. ACKNOWLEDGEMENTS: You have selected TSE to supply natural gas service to your residence or business, and in so doing, you acknowledge that you are eighteen (18) years of age or older, authorized to enter into this agreement at the address you provided for service, and all information provided for service is accurate and true.

3. ENROLLMENT: Enrollment must be done through one of the methods recognized by the GPSC’s regulations. Acceptance of your request for service does not guarantee service, and you understand that TSE may deny your application. Enrollment with TSE for natural gas service is for a particular location, and if you wish to establish service for another location, you must enroll separately for the new location.

If you are turning on gas service for the first time, or at a new location, or after a disconnection, your agreement with TSE becomes effective on the date AGL turns on service.

If you are switching to TSE from an existing marketer, and you enroll by the 19th day of a given month, your switch will typically become effective on the 1st day of the next month. If you enroll after the 19th day of the month, or if the 19th is on a weekend or holiday, your switch may be delayed an additional month.

4. PRICING PLANS: Your Disclosure Statement included as part of these Terms and Conditions of Service details the length of your plan, the rate per therm, and additional terms of your service.

Fixed-Rate – Under a fixed-rate plan, the price per therm and customer service charge will remain in effect for the term of your contract. A monthly customer service charge, and state and local taxes will be charged in addition to your rate per therm. Additional charges under this plan may be assessed as described in the “Components of your Bill” section. Fixed-rate plans have a fixed term. If you cancel service early, or your service is disconnected for nonpayment and you do not call for reconnection within ten (10) days of your disconnection date, an early cancellation charge shall be billed. The charge shall be calculated by multiplying the number of months remaining on your fixed-rate agreement by $12.50. (For example, if you have four months remaining on your agreement, you will pay $50.00.) You will not be subject to an early cancellation charge if you are relocating outside of the AGL service area, relocate to another location and continue your service with TSE, or if you are a low-income residential consumer seeking service for the first time from the regulated provider.

At least sixty (60) days prior to the expiration of a fixed-term agreement, TSE will send you a written notice that will explain your options, including the option to seek another marketer. A second written notice will be sent no less than twenty-five (25) days prior to the expiration of the term. This second notification shall include, but not be limited to, the expiration date of the current fixed-term agreement, the rate and terms of the new fixed-term agreement being offered, if any, and the type of rate plan, including the Terms and Conditions of Service, that you will be placed on if you do not contact TSE to accept the new fixed-term agreement, if any, being offered. If you do not contact TSE to accept any new fixed-term agreement being offered, or if TSE chooses not to offer a new fixed-term agreement, your service will continue uninterrupted and you will be priced at a monthly variable-rate plan until you cancel your service or switch to a different marketer.

Variable Rate – Under a variable rate plan, the price per therm may change monthly based on numerous factors including, but not limited to, the estimated and actual wholesale cost of natural gas, including capacity costs, storage costs, balancing costs and cost of transportation of gas to the delivery point, TSE’s expenses and margins, and all applicable taxes, fees, or assessments. The AGL base charges may change month to month, pursuant to GPSC-approved calculations and/or seasonal changes and are billed monthly. A monthly customer service charge, and state and local taxes will be charged in addition to your rate per therm. Additional charges under this plan may be assessed pursuant to your actions, such as a late fee or reconnection fee. TSE will not increase your monthly customer service charges or alter the terms or your service without providing you advance written notice of those changes at least twenty-five (25) days prior to implementation.

5. CREDIT POLICY and DEPOSITS: TSE typically performs a credit review on all customers establishing or reconnecting service. Review of your creditworthiness may impact your rate plan, customer service charge, and deposit requirement.  If your request for service is declined, TSE will provide a written explanation of the reason(s) for the decision to you.

TSE may require a deposit as security for your service pursuant to a review of credit criteria and/or past payment history with TSE.  The deposit shall not exceed $150.00 for a residential customer. TSE reserves the right to assess a deposit prior to establishing service and to existing customer if they do not meet credit requirements.  If a deposit is required, and your account remains in good standing for six (6) months, including but not limited to timely payments for six (6) months, TSE will refund your deposit by applying a credit to your account, or upon your request, by check.  TSE shall pay interest on your deposit for gas service held six (6) months or longer at least equal to the interest rate paid by the financial institution where the escrow account is located.  If you maintain a deposit on your account and terminate service, your deposit will be refunded within sixty (60) days.  Deposits will not be refunded if you have an outstanding balance exceeding the amount of the deposit.  If the outstanding or overdue balance is less than the deposit, TSE will refund the difference.  You are responsible for providing TSE with a current mailing address to ensure a refund check is delivered to the correct location.

6. COMPONENTS OF YOUR BILL:

Your TSE bill will contain the following items:

  1. AGL Base Charge – The AGL Base Charge is a pass-through charge from AGL and is regulated and approved by the GPSC. The charge will not vary regardless of your marketer. The charge covers the costs of gas meters, local pipeline system, Ancillary Service, Dedicated Design Day Capacity, Peaking Service, Social Responsibility Rider, Environmental Response Costs, STRIDE, and Franchise Recovery Cost. The full monthly charge from AGL will be applied to your bill each month, even when you have a partial month of service.  The AGL base charge will appear as one combined charge on your bill.  The components of the AGL base charge are described below:
    1. Customer Charge: A fixed monthly fee for gas connection to your home or business.
    2. Ancillary Service: Covers the cost of meter reading.
    3. Dedicated Design Day Capacity (DDDC): A charge that recovers costs associated with delivering gas to your home or business.
    4. Peaking Service: Covers the fixed cost of operating company-owned above-ground storage facilities. This ensures an adequate supply of gas on the coldest day of the year. This service is only charged to customers in the Atlanta and Macon delivery groups.
    5. Social Responsibility Fee: Covers the cost of funding the Senior Citizens Discount Program for low-income customers.
    6. Environmental Response Cost (ERC) Recovery Fee: Recovers expenses related to cleanup of former manufactured gas plant sites.
    7. Franchise Recovery Fee (FRF): Recovers fees paid by Atlanta Gas Light to local governments for the use of public rights-of-way for natural gas lines and other facilities.

 

  1. TSE Charge
    1. Gas Commodity Charge – The Gas Commodity Charge is calculated based on the amount of gas used measured in therms and the price per therm in effect for the billing period.
    2. Customer Service Charge – The Customer Service Charge covers the cost to maintain and service your account. The charge may vary based on creditworthiness, payment history, and/or service requirements. The full monthly charge will be applied to your bill, even when you have a partial month of service.
    3. Sales Tax – All applicable federal, state, and local taxes applicable to your service. Late charges will not be taxed. If you are tax-exempt, it is your responsibility to provide TSE with the necessary proof prior to commencement of service or immediately after tax-exemption becomes effective.
    4. Turn-on Charge – When you establish new service, a Turn-on Charge, or connection charge, up to $25.00 will be assessed, in addition to any charges assessed by AGL. If your location requires a meter installation, the AGL charges will be higher.
    5. Reconnection Charges – If your service is disconnected for non-payment, you will be assessed a reconnection charge of up to $25.00, in addition to any charges assessed by AGL. A seasonal customer, who voluntarily disconnects and reconnects service within a twelve (12) month period at the same location will be assessed a connection fee of $25.00, in addition to any charges assessed by AGL.
    6. Switching Charge – You may switch your service to another Marketer at no cost once every twelve (12) months. If you have switched your service more than once during the last twelve (12) months, you will be assessed a $7.50 AGL switch fee.
    7. Late Charge – If your payment is late, TSE reserves the right to bill a Late Charge in the amount of $10.00 or 1.5 percent of the past due amount, whichever is greater. A late fee will not be applied if the past due balance is less than $30.00.
    8. Insufficient Funds Charge – If any returned check, bank draft, or credit card transaction is not processed due to insufficient funds, TSE reserves the right to bill a fee, not to exceed $30.00.

7. BILLING: Payment is due in full on or before the due date on your bill. You will have at least twenty (20) days from the date the bill is mailed to you to pay the balance due. After the due date, TSE reserves the right to bill a late charge in the amount of $10.00 or 1.5% of the past due balance, whichever is greater. A late fee will not be applied if the past due balance is less than $30.00. AGL maintains and reads your natural gas meter and provides the actual meter reading to TSE for billing. In the event that the actual meter reading is not available, TSE will send an estimated bill. In such cases, the meter reading on your bill will be clearly marked as an estimate, and estimated bills will not be sent for more than two (2) consecutive months. If you receive a bill that contains charges that were incorrect or were previously unbilled, you are entitled to an extended payment arrangement of not less than ninety (90) days. TSE reserves the right to collect any outstanding balance on your account, even if you no longer receive natural gas service from TSE. The account may be sent to a third party and/or collections attorney, and TSE retains the right to seek additional costs associated with collecting the debt.

Billing Disputes

If you believe your bill is incorrect, please call 1-888-998-1928 or email [email protected].  In order to avoid late fees or disconnection of service, you must contact us within thirty (30) days of your bill date.  You are responsible for payment on any portion of the bill that is not in dispute by the stated due date. Once TSE has investigated your concern, you will receive a response with TSE’s resolution by telephone, or if you request it, a written response will be provided. Upon resolution of the disputed amount, any outstanding balance due, shall be paid by the due date.

Budget Billing

If TSE offers you a Budget Billing plan, your monthly payment will be determined by averaging the projected annual bills over a twelve (12) month period under your then current rate plan. At least once every twelve (12) months, TSE will reconcile the difference between what you have already paid and what your actual energy costs have been during that period.  If you cancel your Budget Billing plan or if you fail to make a timely payment, your plan shall be cancelled, and any balance owed becomes due.

Electronic Billing and Communication

TSE may offer you the option to receive your bills and other account communications via electronic mail, text, or other electronic means, in accordance with all applicable GPSC rules. Under this service, you will not receive bills or notices in the mail. All payment options listed in these Terms and Conditions will remain available to you. TSE reserves the right to cancel electronic billing and communication, at any time without notice, and resume paper billing.

8. PAYMENT OPTIONS:

TSE offers the following options for payment:

Mail – Check or money order can be mailed to the address on your bill.  Your payment may take up to seven (7) days to process.

Pay by Phone – Please call TSE at 1-888-998-1928.  A nominal fee will be charged to process your payment via check or credit/debit card.

Online Payment – Come soon. Please visit TownSquareEnergy.com/MyPortal .

Payment Locations – Please contact us at 1-888-998-1928 to receive information on how to pay in person and locate the nearest payment center. Cash payments are accepted at in-person payment centers.  A nominal fee will be charged to process your payment.

9. DISCONNECTION OF SERVICE: TSE may issue a disconnection notice for an unpaid balance after the due date on your bill. If you do not pay the balance owed by the due date on the disconnection notice, service to your location may be discontinued. If AGL completes a shut-off for nonpayment (“SONP”), you must pay the full delinquent balance on the disconnection notice, any applicable reconnection charges and security deposit. TSE reserves the right to deny you reconnection based on credit criteria and/or past payment history with TSE. You must call for reconnection within ten (10) days of your disconnection date. After the ten (10) day period, your request for service will be processed as a new service request.

Restrictions on Service Disconnection

Disconnection During Illness

Service shall not be discontinued for nonpayment of a bill to a residential consumer, who has a serious illness which would be aggravated by interruption of service, provided that the consumer: (i) Notifies TSE of this condition in writing, or orally with written notice within ten (10) days thereafter, and (ii) within ten (10) days of giving such initial notice, furnishes a written statement from a physician, county board of health, hospital, or clinic identifying the illness, its expected duration, and certifying that the illness would be aggravated by interruption of service.

In such event, the proposed disconnection shall be held in abeyance for the shorter of either the length of the illness or one month from the date of such initial notice, and the consumer may renew the postponement period one additional time by repeating the aforementioned procedure.

Seasonal Disconnect Restriction

Other rules notwithstanding, TSE shall not discontinue service to a residential consumer for an unpaid bill between November 15 and March 15 if:

  1. The consumer agrees in writing to pay the past due balance in equal installments for a maximum duration beginning with the first billing period after March 15 and concluding prior to the following October 15 unless the consumer fails to comply with such an agreement;
  2. The consumer agrees in writing to pay all bills by their due date for current service received after said agreement unless the consumer fails to comply with such an agreement; or
  3. The forecasted low temperature for a 48-hour period beginning at 8:00 am on the date of the proposed disconnection is below 32 degrees Fahrenheit.

10. RIGHT OF RESCISSION and CANCELLATION OF SERVICE: You have a three-day right of rescission following the receipt of these Terms and Conditions and Disclosure Statement, or when you are informed of a change in the terms of your service. To terminate service, please contact TSE, and a customer service representative will confirm your request.  If you fail to notify TSE of your request to terminate service, service will continue until such notice is received, and you will be responsible for all charges incurred on the account until the date of termination, as determined by AGL. You are responsible for providing a current mailing address where written correspondence can be sent after your termination request is completed. If you are on a fixed-rate plan, you may be charged an early cancellation charge.

11. CONTACT INFORMATION: If you have any questions about your service, need to make a service request, or have a general inquiry, please contact TSE Customer Service using the following information:

Toll-Free: 1-888-998-1928

Email: [email protected]

Corporate Headquarters Mailing Address:

Town Square Energy
PO Box 400
Jamestown, NY 14702

 

12. LIMITATION OF LIABILITY: TSE is not responsible for the production, storage, or transportation of natural gas to your location. TSE is undertaking no obligations, responsibilities, or liabilities upon and after delivery of natural gas to AGL’s system. TSE has no control over AGL, its employees and agents, or its facilities, and TSE undertakes no responsibility or liability for the operations of AGL or for interruptions, termination, or deterioration of its delivery or other services due to actions by AGL or others.  AGL is solely responsible for the natural gas once it enters the AGL system until the point of delivery and bears sole liability for any and all injury or damage. TSE shall not be liable for any indirect, special, or consequential or punitive damages. TSE makes no warranties, express or implied, in these Terms and Conditions, including the warranties of merchantability or fitness for a particular purpose.

13. CHANGE TO TERMS and CONDITIONS: TSE reserves the right to change its Terms and Conditions of Service to you at any time.  A written notice of the changes will be provided to you no less than twenty-five (25) days before the effective date. The notice will describe the changes in the Terms and Conditions of Service and explain your options, including a right of rescission and your right to select a different marketer for your natural gas service.  If you are on a fixed-rate plan, the price per therm cannot be changed during the term of the plan.

14. PRIVACY POLICY: TSE collects information about you, your gas usage, and other pertinent information.  Information from third parties, including but not limited to credit reports, are obtained through normal conduct of business.  TSE may disclose such information to its affiliates, or contractors operating on behalf of TSE for the purposes, including but not limited to developing or offering new products and service and collecting on past due accounts. TSE may disclose information to authorized agencies investigating potentially hazardous or illegal activity.

15. GOVERNING LAW: TSE’s service to you and these Terms and Conditions are governed by the laws of the State of Georgia, including the laws applying to the sale of goods and the applicable provisions of the Uniform Commercial Code as adopted by the State of Georgia.

16. ASSIGNMENT: These Terms and Conditions of Service and your Disclosure Statement constitute the complete agreement between TSE and you. TSE may assign its rights and obligations under the agreement to an affiliate of TSE, any person or entity succeeding to all or substantially all of the assets of TSE, or to another natural gas marketer certificated by the GPSC. Any such assignee shall agree in writing to be bound by the terms of the agreement and, following such assignment, TSE shall have no further obligations hereunder.

DISCLOSURE STATEMENT

This Disclosure Statement provides additional information about your services and rights as a consumer. It has been prepared in accordance with GPSC rules and should be read in conjunction with your Terms and Conditions of Service for a complete statement of your agreement with Town Square Energy, LP (“TSE”).

A consumer shall have a three-day right of rescission following the receipt of this disclosure at the time of initiating service or when informed of a change in terms or conditions. You, the consumer, may cancel in writing or electronically by contacting TSE.

Rate Plans

Variable:  Your new variable-rate plan begins on or about [start date] and will continue on a month-to-month basis. Your initial price is $1.990 per therm, but the price will then vary monthly. Factors that TSE considers when setting its variable rates for natural gas supply include, but are not limited to, the estimated and actual wholesale cost of natural gas, including capacity costs, storage costs, balancing costs and cost of transportation of gas to the delivery point, TSE’s expenses and margins, and all applicable taxes, fees, or assessments. TSE will use the price in effect at the beginning of your billing cycle. This rate does not include AGL base charges, your TSE monthly Customer Service Charge, or applicable federal, state and local taxes. These items will be charged separately on your monthly bill. This rate plan does not have minimum usage requirements. This rate plan has a monthly Customer Service Charge of $5.95.

If you have a fixed-term agreement with us and it is approaching the expiration date, or whenever we propose to change our terms of service in any type of agreement, you will receive written notification from us prior to the date of expiration of or change to the agreement. We will explain your options to you in this advance notification.

Credit and Deposits

TSE typically performs a credit review on all customers establishing or reconnecting service. Review of your creditworthiness may impact your rate plan, customer service charge, and deposit requirement. If your request for service is declined, TSE will send you a letter explaining the reason(s) for the decision.

TSE may require a deposit as security for your service pursuant to a review of credit criteria and/or past payment history with TSE. The deposit shall not exceed $150.00 for a residential customer who primarily uses gas for personal family or household purposes. The deposit shall not exceed twenty (20) percent of the consumer’s annual estimated bill for any non-residential firm retail customer who meets the definition under Commission Rule 515-7-9-.01(l).

Billing

Budget Billing – If TSE offers you a Budget Billing plan, your monthly payment will be determined by averaging the projected annual bills over a twelve (12) month period. At least once every twelve (12) months, TSE will reconcile the difference between what you have already paid and what your actual energy costs have been during that period. If you cancel your Budget Billing plan or if you fail to make a timely payment, your plan shall be cancelled, and any balance owed becomes due.

Estimates – TSE will not send estimated bills, except when the actual meter readings are not made available, and in that event, such estimated bills will be limited to no more than two consecutive months.

Late Payment – Payment is due in full on or before the due date on your bill. You will have at least twenty (20) days from the date the bill is mailed to you to pay the balance due. After the due date, TSE reserves the right to bill a late charge in the amount of $10.00 or 1.5% of the past due balance, whichever is greater. A late fee will not be applied if the past due balance is less than $30.00.

Collections – TSE reserves the right to collect any outstanding balance on your account, even if you no longer receive natural gas service from TSE. The account may be sent to a third party and/or collections attorney, and TSE retains the right to seek additional costs associated with collecting the debt.

Payment

TSE offers the following options for payment:

Mail – Check or money order can be mailed to the address on your bill.  Your payment may take up to seven (7) days to process.

Pay by Phone – Please call TSE at 1- 888-998-1928.  A nominal fee will be charged to process your payment via check or credit/debit card.  You will be informed of the fee prior to the payment being completed.

Online Payment – Coming soon. Please visit TownSquareEnergy.com/MyPortal

Payment Locations – Please contact us at 1- 888-998-1928 to receive information on how to pay in person and locate the nearest payment center.  Cash payments are accepted at in-person payment centers.  A nominal fee will be charged to process your payment. You will be informed of and asked to confirm acceptance of the fee prior to the payment being completed.

Contact Information

If you have any questions about your service, need to make a service request, or have a complaint, please contact Customer Service using the following information:

Toll Free: 1- 888-998-1928

Email: [email protected]

Corporate Headquarters Mailing Address:

Town Square Energy
PO Box 400
Jamestown, NY 14702

If you are not satisfied with the response from TSE, you have the right to contact the Georgia Public Service Commission  using the following information:

Georgia Public Service Commission

244 Washington Street
Atlanta, Georgia 30334
404-656-4501 (within metro Atlanta)
1-800-282-5813 (Toll-Free outside of metro Atlanta)
Fax: 404-656-2341
[email protected]

Energy Assistance

TSE accepts payments from energy assistance groups. You may contact LIHEAP or the Department of Human Resources using the following information:

Low Income Home Energy Assistance Program (“LIHEAP”)
Toll-Free: 1-800-869-1150 for information on this program
Department of Human Resources
Division of Family and Children Services, Energy Assistance Program
Toll-Free: 1-800-869-1150

Cancellation

If you have a fixed-term agreement and cancel service early, or your service is disconnected for nonpayment and you do not call for reconnection within ten (10) days of your disconnection date, an early cancellation charge shall be billed. The charge shall be calculated by multiplying the number of months remaining on your fixed-rate agreement by $12.50. (For example, if you have four months remaining on your agreement, you will pay $50.00.) You will not be subject to an early cancellation charge if you are relocating outside of the AGL service area, relocate to another location and continue your service with TSE, or if you are a low-income residential consumer seeking service for the first time from the regulated provider.

Disconnection of Service

Your natural gas service with TSE will be disconnected for failure to pay your monthly bill only if TSE is your current marketer, and it has been at least fifteen (15) days since you were notified that the service would be disconnected. Your service will not be disconnected for nonpayment if a bill was not sent to you in a timely manner. Prior to disconnection for nonpayment, TSE will offer you at least one reasonable payment arrangement in writing.

Reconnection of Service

If your service is disconnected for non-payment, you will be assessed a reconnection charge of up to $25.00, in addition to any charges assessed by AGL. You must pay the delinquent balance on your account and meet credit criteria, including but not limited to payment of a deposit, prior to the completion of a reconnection service request.

Switching Marketers

TSE will not prevent you from obtaining distribution and commodity sales service from another marketer or provider.

 

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