RATE RDS/RIDER PPO CONTRACT DELIVERY SERVICES AND POWER PURCHASE

rate rds/rider ppo contract delivery services and power purchase option multiple accounts this rate rds/rider ppo contract (the “cont

RATE RDS/RIDER PPO CONTRACT
DELIVERY SERVICES AND POWER PURCHASE OPTION
Multiple Accounts
This Rate RDS/Rider PPO Contract (the “Contract”) dated as of   (the
“Effective Date”) is entered into by and between Commonwealth Edison
Company (the “Company”) and   (the “Retail Customer”) with its
principal offices at  .
RECITAL
The Retail Customer desires to procure from the Company electric
supply, delivery, and other services (as described below) for the
Premises (as defined below) pursuant to the terms and conditions of
(i) Rate RDS – Retail Delivery Service (such rate, as it may be
amended from time to time, “Rate RDS”), (ii) Rider PPO – Power
Purchase Option (such rider, as it may be amended from time to time,
“Rider PPO”), (iii) other applicable rates, riders, and tariffs, and
(iv) this Contract.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Supply, Delivery, and Other Services. (a) The Company shall provide
supply and delivery services to the Retail Customer for all the
electric power and energy required by the Retail Customer at each of
the premises set forth on Exhibit A (the “Premises”), for which the
Retail Customer has authorized the Company to provide delivery
services in accordance with Rate RDS and supply service in accordance
with Rider PPO, and shall provide other services required to be
provided to the Retail Customer by the Company with respect to the
Premises, in each case under and subject to the terms and conditions
of (i) Rate RDS, (ii) Rider PPO, (iii) Riders NS, ML, FCA, RCA, TAX,
LGC, EDA, ECR and  , (iv) the prohibitions against resale or
redistribution of electricity set forth in Rider RESALE ‑ Allowance
for Resale or Redistribution of Electricity by the Customer to Third
Persons, (v) General Terms and Conditions, (vi) all other applicable
rates, riders, and tariffs of the Company on file with the Illinois
Commerce Commission (the “ICC”), the foregoing items in clauses (i) ‑
(vi), as they may be amended from time to time, (collectively, the
“State Tariffs”), (vii) the applicable tariffs on file with the
Federal Energy Regulatory Commission (the “FERC”) governing
transactions over the transmission facilities located in the Company’s
service territory, as they may be amended from time to time (the
“Federal Tariffs”), and (viii) this Contract, as it may be amended
from time to time.
(b) Nothing herein shall be construed to provide that the individual
premises set forth on Exhibit A collectively constitute a single
customer premises. Rather, the State Tariffs and the Federal Tariffs
shall apply to each such individual premises on an individual account
basis.
2. Retail Customer Obligations. (a) The Retail Customer shall pay the
Company all amounts due, and shall perform and satisfy all other
applicable obligations, under (i) the State Tariffs, (ii) the Federal
Tariffs, and (iii) the Electric Facilities Service Agreements, the
Facilities Rental Service agreements, and the Meter Lease Service
agreements, in each case as the items in clauses (i) and (ii) are
on file with the ICC and the FERC, respectively, and as the items in
clauses (i) ‑ (iii) may be added, deleted, modified, or amended from
time to time.
(b) The Retail Customer shall pay all taxes applicable to the
Company’s provision of electric supply, delivery, and other services
to the Retail Customer under this Contract (including, without
limitation, all applicable federal, state, regulatory, municipal, and
other taxes and franchise costs with respect to supply charges,
transmission charges, delivery charges, rentals, and other charges).
(c) Retail Customer understands that payments made by the Retail
Customer to a General Account Agent (“GAA”) do not constitute payments
made to the Company.
(d) The Retail Customer’s estimated maximum demand at each individual
premises included on Exhibit A, used to determine the service
facilities that are available to the Retail Customer as a standard
installation at each such premises (as described in Rate RDS) under
this Contract, is set forth on Exhibit A. The estimate of the Retail
Customer’s maximum demand at each such premises as set forth on
Exhibit A is based upon information provided to the Company by the
Retail Customer, and the Retail Customer agrees that this estimate is
representative of its expected operation at each such premises. If the
Retail Customer desires to add load at any such premises beyond the
level set forth on Exhibit A or to increase capacity at an individual
point of service, it shall notify the Company, in writing, adequately
in advance of adding such load or increasing such capacity so that the
Company may modify its facilities as determined by the Company. Such
modification may require the payment of additional charges by the
Retail Customer as described in Section 2(e) below. For each
individual premises, load defined as “Zero Standard Portion” under
Rider ZSS – Zero Standard Service is not included in the estimated
maximum demand at the individual premises because a standard
installation is not provided for the Zero Standard Portion of load.
The Retail Customer acknowledges that service facilities that are
available to the Retail Customer as a standard installation are
subject to change as determined by the Company based upon the Retail
Customer’s actual maximum demand at each such premises excluding the
Zero Standard Portion of load, in accordance with the provisions of
Rate RDS.
(e) The Retail Customer understands that it will initially be billed
for amounts due under the Electric Facilities Service Agreements,
under the Facilities Rental Service agreements, and under the Meter
Lease Service agreements, if applicable, in accordance with the
amounts set forth on such agreements. Such amounts may be adjusted
from time to time in accordance with the terms of Rider NS –
Nonstandard Services and Facilities (“Rider NS”), Rider ML – Meter
–Related Facilities Lease (“Rider ML”), or other such agreements.
3. Rider PPO. The Retail Customer, with respect to the Premises,
hereby (i) certifies that it satisfies the availability requirements
and has satisfied all prerequisites for service under Rider PPO; (ii)
agrees to pay all amounts due from it, and to perform all other
obligations to be performed by Rider PPO customers, under Rider PPO;
and (iii) agrees to maintain its eligibility to take service under
Rider PPO.
4. Commencement; Term; Renewal; Termination. Retail Customer
acknowledges that (i) for each individual premises included on Exhibit
A, the term of this Contract shall commence on a date as provided for
in Rate RDS and Rider PPO (“Commencement Date”), (ii) the term of this
Contract shall be as provided for in Rate RDS and Rider PPO, (iii)
this Contract may be terminated as provided for in the State Tariffs
or the Federal Tariffs and shall terminate upon termination or
discontinuance of delivery services to the Retail Customer at the
Premises from the Company pursuant to Rate RDS, and (iv) upon the
termination of this Contract for an individual premises included on
Exhibit A, the Retail Customer shall continue to be obliged to pay the
Company all amounts due for all periods prior to such termination.
5. Prior Contracts. All prior contracts by and between the Company and
the Retail Customer for electric service or delivery services provided
to the Retail Customer at each premises included on Exhibit A
(including all riders thereto, but excluding Electric Facilities
Service Agreements or other electric facilities agreements, as
applicable) are hereby superseded effective as of the Commencement
Date of this Contract (but each party shall perform its obligations
thereunder for all periods prior to the Commencement Date).
6. Other Terms. If a matter or item is addressed in the State Tariffs
or the Federal Tariffs but is not specifically addressed herein, the
treatment of such matter or item as set forth in the State Tariffs or
the Federal Tariffs shall apply. If a conflict exists or develops
between the provisions of this Contract (on the one hand) and the
State Tariffs or the Federal Tariffs (on the other hand), then the
provisions of the State Tariffs or the Federal Tariffs shall prevail.
7. Notices. All notices under this Contract must be in writing and
sent via United States mail; courier or facsimile; or may be hand
delivered to the respective party at its address set forth below.
Notices will be effective on the date received. Notices sent by United
States mail, courier or hand delivery will be deemed received on the
date of delivery; notices sent by facsimile will be deemed received on
the date transmitted.
To the Company:
ComEd, PPO
----------
Enrollment Group
1919 Swift Drive
Oak Brook, Illinois 60523
Fax Number: (630) 684-3395
or send the document electronically to the email address:
[email protected]
To the Retail Customer:
 
 
 
 
 
All amounts due to the Company under this Contract that are less than
or equal to ten thousand dollars must be sent either electronically or
via United States mail to the address set forth below:
Commonwealth Edison Company
P. O. Box 6111
Carol Stream, IL 60197-6111
All amounts due to the Company under this Contract that are greater
than ten thousand dollars must be sent either electronically or via
United States mail to the address set forth below:
Commonwealth Edison Company
P. O. Box 6112
Carol Stream, IL 60197-6112
The address or addressee to which notices or invoices shall be mailed
may be changed from time to time by either party by notice served as
hereinabove provided. Notice shall be effective upon receipt.
8. Authorization to Switch. I authorize the Company to switch my
accounts listed on Exhibit A, from provision of electric power and
energy by the Company under its present tariffed rates, or from
electric power and energy supplied by another electric service
provider, to electric power and energy provided by the Company
pursuant to its Rider PPO and delivered by the Company as a delivery
services provider pursuant to the Company’s Rate RDS. (To be signed by
the Retail Customer, or an authorized General Account Agent (“GAA”)
for the Retail Customer if a separate GAA agreement is included with
this Contract.)
Retail Customer Name:
 
Primary Address:
 
(Street, City, State, Zip)
Mailing Address:
 
(If different from Primary Address)
(Street, City, State, Zip)
Account Numbers:
(See Exhibit A)
Meter Numbers:
(See Exhibit A)
Daytime Telephone Number:
 
Evening Telephone Number:
 
Customer Fax Number:
 
FOR THE COMPANY:
================
FOR THE RETAIL CUSTOMER:
========================
Date:
 
Date:
 
 
Accepted By (Signature)
 
Accepted By (Signature)
 
Print Name
 
Print Name
 
Official Capacity (Authorization)
Official Capacity (Authorization)
 
Title & Company
 
Email Address
Please mail or fax this form to: ComEd, PPO
Enrollment Group
1919 Swift Drive
Oak Brook, Illinois 60523
Fax Number: (630) 684-3395
or send the document electronically to the email address:
[email protected]
01/2009 -2-