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 GreenStart. 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 GreenStart. 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
Email: greenreply@massenergy.org
Web address: www.massenergy.org
What is New England GreenStart?
The New England GreenStart program supports renewable energy projects in New England through the purchase of renewable energy certificates (RECs) to match 25% of your electricity consumption. Mass Energy will purchase renewable energy certificates using monies paid. Each of these certificates will signify one megawatt-hour of electricity generated by a renewable energy facility connected to the New England power grid. Mass Energy will retire these certificates to ensure that they are not used for other purposes. You will not be taking ownership of either RECs or any associated electricity. You will continue to receive a separate electricity bill from your utility and your payments to New England GreenStart will not be credited on your electricity bill.
How will I be billed?
Payments associated with New England GreenStart will be automatically included in your regular monthly electricity bill from National Grid. Payments for New England GreenStart 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 GreenStart payments as well as your National Grid retail delivery service and generation service charges. Payment of all charges, including those associated with New England GreenStart, are payable to National Grid. No interest will accrue on any arrears associated with New England GreenStart. The low-income guarantee will not apply to the provision of New England GreenStart.
Taxes: You must also pay all applicable federal, state, and local taxes and charges.
How will my bill for New England GreenStart be calculated?
New England GreenStart is sold at a price of 2.2 cents per kilowatt-hour (“kWh”).
For example, the average New England household uses about 600 kWh/month. The total cost of New England GreenStart for this household would be calculated as follows: 600kWh x 2.2 cents = $13.20. Your total charges for New England GreenStart will vary from month to month according to your electricity usage.
What fuel sources will be used to generate New England GreenStart?
Please see the most recent Disclosure Statement at http://www.massenergy.org/renewable-energy/disclosure for information on sources of New England GreenStart. All of New England GreenStart resources are located within New England. Unless notified otherwise, New England GreenStart will come from qualified Class I electricity generating facilities, such as (but not limited to) wind turbines. Class I renewables are generation facilities beginning operations on or after January 1, 1998. However, Mass Energy is committed to bringing new renewable energy onto the grid, so many of the resources in the mix have been built recently or will be coming online soon. See www.massenergy.org/local-sources for a map of current and pending resources.
Will my electricity rates or resource mix change over time?
On a quarterly basis, Mass Energy will also provide a Disclosure Statement, which documents the price, fuel source, resource mix, emissions, and labor information on the energy you have chosen, online at http://www.massenergy.org/renewable-energy/disclosure. The resource mix reported for New England GreenStart will be for the most recent four quarters for which data is available. The price and resource mix may change to reflect market conditions such as the availability of new resources. You will be notified in writing of any price increases, or if the percentage of Class I resources decreases below twenty-five percent (25%), prior to any such change. If you do not wish to pay the new price or accept the new resource mix for New England GreenStart 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 GreenStart program?
Once you have started New England GreenStart service, National Grid will itemize this service on your monthly bill. Mass Energy uses the Generation Information System, operated by the New England Power Pool, to purchase and retire renewable energy certificates from the sources indicated on the disclosure label on your behalf. This information is also subject to oversight by the Massachusetts Department of Public Utilities and the Attorney General's office. Each quarter, Mass Energy will provide 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! Mass Energy is a 501(c)(3) non-profit organization. Your participation in New England GreenStart allows you to make a tax-deductible contribution towards the development of renewable energy generating sources. Please note that the amount you will be able to deduct will be based upon what you actually pay for New England GreenStart, rather than what you are billed for New England GreenStart. You may track your payments at www.massenergy.org – click “Members Only” at the top right-hand corner.
Each January, Mass Energy will send you a tax receipt detailing the total amount you paid toward New England GreenStart in the previous year.
Other payments to National Grid for electricity supply, transmission, and distribution are not tax-deductible.
What is the term of this Agreement? How does this Agreement terminate? If I decide to terminate this Agreement, is there a fee?
As long as you have provided correct and complete information during the application process and your generation service is provided by National Grid, participation in New England GreenStart will begin within one month of your enrollment. Participation in New England GreenStart 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 GreenStart program at any time. There is no termination fee for discontinuing participation as a New England GreenStart customer. However, arrearages are expected to be paid in full. If you opt out, 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 (Note: at least 2 days notice is needed before the start of your next billing cycle to put a cancellation into effect for that cycle; otherwise the cancellation will not go into effect until the billing cycle following it).
Are there any penalties for not paying my New England GreenStart?
It is the policy of Mass Energy that if you do not pay your New England GreenStart 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, and in the case of a power outage or other service need, you should contact National Grid at 1-800-322-3223.
Entire Agreement: This Agreement, including the Disclosure Statement included in your welcome packet and available quarterly at http://www.massenergy.org/renewable-energy/disclosure, 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 unless you have specified a different mailing address to Mass Energy. All communications you send to Mass Energy must be sent to the address listed on page 1 of these terms, or to greenreply@massenergy.org.
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/ocabr/docs/dtc/telecom/billingandtermination/agoreply-comments91611.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.