Terms of Service: New England Wind for Eversource (formerly "WMECO") customers

effective 8/1/2016

This Customer Agreement for WMECO Green Options  Service (“WGO”) (“Agreement”) is between Massachusetts Energy Consumers Alliance, Inc. (“Mass Energy”) and you, a customer who has selected Mass Energy as your WGO program administrator. Mass Energy is licensed by the Massachusetts Department of Public Utilities to administer the WGO program in Eversource servict territory that covers former Western Mass Electric Company (“WMECO”) service territory. These Terms of Service govern your participation in Mass Energy’s New England Wind. 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 callingMass 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 Wind?

The New England Wind program supports renewable energy projects in New England through the purchase of renewable energy certificates (RECs) to match your electricity consumption. Specifically, 100% of your consumption supports new wind power sources in New England, 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 Wind will not be credited on your electricity bill.

How will I be billed?

Payments associated with New England Wind will be automatically included in your regular monthly electricity bill from Eversource. 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 Eversource for the services it provides. This means that your total electricity service cost will include your New England Wind payments, as well as your Eversource retail delivery service and generation service charges. Payment of all charges, including those associated with New England Wind, are payable to Eversource. 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 for one month would be calculated as follows: 600kWh x 3.8 cents = $22.80. Your total charges for New England Wind will vary from month to month according to your kWh 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/disclosurefor 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 qualified “new” wind turbines. "New" renewables are generation facilities operating after December 31, 1997. 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 you with a Disclosure Statement via our Currents newsletter, which documents the fuel source and resource mix of New England Wind. A full disclosure label, which includes information such as the price, emissions, and labor information on the renewable energy you have chosen is available quarterly, online at www.massenergy.org/renewable-energy/disclosure. The resource mix reported for New England Wind 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 “new” 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 or by writing to the Mass Energy address listed at the beginning of these terms. 

The rates for your electricity services from Eversource are separate from New England Wind and may vary over time.  For more information on these charges, including current information about your utility services, please contact Eversource’s customer service department at 877-659-6326.

How will I know that I am participating in the New England Wind program? 

Once you have started New England Wind service, Eversource 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. 

You will also receive periodic communications from Mass Energy, such as newsletters and emails.

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 Wind 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 Wind during each calendar yearrather than what you are billed for New England Wind. 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 Wind in the previous year.

Other payments to Eversource 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 Eversource, participation in New England Wind should begin within one month of your enrollment. Participation in New England Wind will continue indefinitely, terminating only upon the first occurrence of any of the following events: you choose to receive generation service from a competitive supplier; 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 Eversource; you move out of the service territory of Eversource west, or move within the service territory of Eversource but do not update Mass Energy with your new account information; your distribution service is terminated by Eversource; the Department of Public Utilities (“DPU”) or a court of competent jurisdiction terminates the WGO program; or if Mass Energy, in its sole discretion, terminates your participation in the 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 New England Wind program, you will continue your current status as an Eversource Basic Service customer.  If you decide to opt out of the program by contacting either Mass Energy or Eversource, the termination will become effective after the completion of your active monthly billing cycle (Note: at least 2 business 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 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 New England Wind 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 WGO 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 WMECO, Mass Energy may assign this agreement to another supplier offering service through the WGO renewable energy program, should one become available. Mass Energy will provide you with thirty (30) days notice of any re-assignment. Any such assignment will not materially affect the terms and conditions of this Agreement.

Relationship with Eversource:   Mass Energy and Eversource are working together solely for the purpose of offering you the opportunity to participate in the WGO program. Mass Energy is not responsible for Eversource’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 Eversource at 877-659-6326.

Entire Agreement:   This Agreement, including, the Disclosure Statement included in your welcome packet and available quarterly at massenergy.org/renewable-energy, constitutes the entire agreement between you and Mass Energy and supercedes all prior oral or written agreements or understandings relating to the provision of WGO 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 Eversource 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.