South Bay Energy


Terms and Conditions

Pennsylvania Electricity and Natural Gas Supply Terms and Conditions

Agreement to Sell and Purchase Energy:
 This is an agreement between South Bay Energy Corp. (“South Bay”) and the undersigned customer (Customer) under which Customer shall initiate natural gas and/or electricity supply service and begin enrollment with South Bay (the “Agreement”). South Bay Energy is licensed  by  the  Pennsylvania Public Utility Commission as an Electric Generation Supplier and Natural Gas Supplier.  Our PA Electricity Supplier License Number  is A-2019-3007847 and our Natural Gas Supplier License Number is A-2019-3007579. 

Your electricity generation prices and charges will be set by South Bay.  The Federal Energy Regulatory Commission regulates electricity transmission prices and services.  Natural gas commodity prices and charges are set by South Bay. The Public Utility Commission regulates electricity and natural gas distribution prices and services. 

You will continue to receive your bill from your Electric Distribution Company (EDC) for all electricity supply and delivery charges and one bill from your Natural Gas Distribution Company (NGDC) for all natural gas supply and delivery charges. Your EDC and NGDC will continue to provide all emergency repairs and services.  South Bay is not affiliated with and does not represent your EDC or NGDC.


Definitions 

Generation Charge -
Charge for production of electricity. Transmission Charge - Charge for moving high voltage electricity from a generation facility to the distribution lines of an electric distribution company. Interstate Pipeline Charges-Charges for moving natural gas to the distribution lines of a distribution company. Commodity Charges- The charges for the natural gas product which is sold either in cubic feet or dekatherms.  Distribution Charges- The charge for the delivery of natural gas from the city gate to the consumer

Subject to the terms and conditions of this Agreement, South Bay agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of energy, as estimated by South Bay, necessary to meet Customer’s requirements based upon consumption data obtained by South Bay from the the EDC and NGDC.  The amount of energy delivered under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by South Bay.


Right of Rescission -
You may cancel this Agreement at any time before midnight of the third business day after receiving this disclosure statement by contacting South Bay by phone at 877-724-9010 or by mail at the address above.


Parties Bound:
 This Agreement is binding upon the parties hereto and their respective successors and legal assigns.

Term:
  The services provided by South Bay Energy to Customer are governed by the terms and conditions of this Agreement, including the above stated enrollment details and attached Contract Summary.  You will receive a confirmation notice from your EDC and/or NGDC to confirm your choice of South Bay Energy as your supplier  This Agreement shall commence as of the date Customer’s change of Customer’s supplier to South Bay Energy is deemed effective by the EDC and/or NGDC, and will continue on a month to month basis until cancelled by either you or South Bay.  

Pricing, Billing, and Cancellation:
  The Variable Price for Electricity shall reflect South Bay Energy’s wholesale cost of electricity (including the cost of energy, capacity, settlement, ancillaries, related transmission and distribution charges and other market-related factors); plus all applicable, fees, charges, costs, and South Bay Energy’s expenses and margins. Your electricity supply price for your first billing cycle is  {    }¢/kWh. Thereafter, your price will vary month-to-month based on the factors described above. You will receive notice of variable price changes when you receive the bill with that price. This price includes transmission charges and estimated total state taxes (including Gross Receipts Tax), but excludes applicable state and local sales tax. The Variable Price for Natural Gas shall reflect South Bay Energy’s wholesale cost of natural gas (including capacity, settlement, ancillaries, related transmission and distribution charges and other market-related factors); plus all applicable, fees, charges, costs, and South Bay Energy’s expenses and margins. Your natural gas supply price for your first billing cycle is{    }¢/Ccf. Thereafter, your price will vary month-to-month based on the factors described above. You will receive notice of variable price changes when you receive the bill with that price. Your price includes natural gas commodity charges and estimated total state taxes, but excludes applicable state and local sales tax. Our price does not include Distribution Utility service and other Utility-related charges, which are separate amounts that you must pay to the NGDC. South Bay’s rate for electricity supply may be higher or lower than your EDC’s rate in any particular month, and there is no guarantee of savings. South Bay’s rate for natural gas supply may be higher or lower than your NGDC’s rate in any particular month, and there is no guarantee of savings.  There is no early cancellation fee for this agreement. More information about this variable price product, including what this price has been for the past 24 months, can be found at www.southbayenergy.com or you can call  877-724-9010 .  However, please remember that past prices do not indicate present or future prices.”

Customer will receive a single bill from the EDC which will includes both the EDC’s distribution  charges and South Bay’s charges for electricity supply.  Your EDC maintains the right to terminate service for any unpaid utility or supplier charges, pursuant to the regulations of the Pennsylvania Public Utility Commission. Customer will receive a single bill from the NGDC which will includes both the NGDC’s distribution charges and South Bay charges for natural gas supply. Your NGDC maintains the right to terminate service for any unpaid utility or supplier charges, pursuant to the regulations of the Pennsylvania Public Utility Commission.

Cancellation:
  Customer may cancel this agreement by contacting South Bay Energy Corp.  in writing at 700 Veterans Memorial Highway, Suite 210   Hauppauge, NY  11788 or by phone at 1-877-724-9010, Monday through Friday 8:00 a.m. - 5:30 p.m. EST (hours subject to change).  South Bay Energy may cancel this agreement at any time upon providing written notice to Customer. Common reasons for South Bay to cancel this agreement would include: Non-Payment – If your electricity or natural gas service is terminated by your EDC or NGDC, then this agreement is cancelled on the date that your service is terminated.  You will owe us for amounts unpaid for our charges for electricity or natural gas supply up to the date of termination. Customer Move – If the customer moves from the address listed above, this agreement is cancelled. If we cancel this agreement for any reason other than for customer non-payment, we will follow applicable rules in providing notice to you.

Penalties and Fees:
   There is no  early cancellation fee for this agreement.


Assignment:
  Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of South Bay.  South Bay may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, purchase of accounts receivables program or billing services agreement, and may assign this Agreement and the rights and obligations there under, to another energy supplier, energy services company or other entity as authorized by the PA PUC.  In the event of an assignment terms and conditions will remain unchanged.

Information Release Authorization:
 Customer authorizes South Bay to obtain and review the following information from the EDC and NGDC: consumption history; billing determinants; and account number. This information may be used by South Bay to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law.  Customer’s execution of this Agreement shall constitute authorization for the release of this information to South Bay.  This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to South Bay or by calling South Bay at 1-877-724-9010. South Bay reserves the right to cancel this Agreement in the event Customer rescinds the authorization.

Dispute Resolution:
  In the event of a billing dispute or a disagreement involving South Bay’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact South Bay by telephone or in writing as provided below.  If you are not satisfied after discussing your concerns with us you may contact the Public Utility Commission (PUC) by phone at: 1-800-692-7380 or in writing at  400 North Street, Harrisburg, PA 17120.

Contact Information

Supplier Information:
South Bay Energy Corp.  700 Veterans Memorial Highway, Suite 210   Hauppauge, NY  11788. 1-877-724-9010, Monday through Friday 8:00 a.m. - 5:30 p.m. EST (hours subject to change)

Public Utility Commission, 400 North Street, Harrisburg, PA 17120, Phone: 1-800-692-7380, www.puc.pa.gov. Information about shopping for a gas supplier is available at www.PaGasSwitch.com, by calling the Commission’s telephone number at 1-800-692-7380, and at www.oca.state.pa.us

Electric Distribution Co. (Default Service Provider)–Emergency Number /Universal Service Programs Number

Duquesne Light Co., 411 7th Ave., Pittsburgh, PA 15219               888-393-7000/888-393-7600
Metropolitan Edison P.O. Box 368, Akron, OH 44309                     888-544-4877/800-545-7741
PECO, 2301 Market St, Philadelphia, PA 19101                                800-841-4141/800-774-7040
Penelec,   P.O. Box 368, Akron, OH 44309                                        888-544-4877/800-545-7741
Penn Power Co.,    P.O. Box 368, Akron, OH 44309                         888-544-4877/800-545-7741
PPL, 827 Hausman Rd, Allentown, PA 18104-9392                          800-342-5775/800-342-5775
West Penn Power, P.O. Box 368, Akron, OH 44309                          888-544-4877/800-545-7741


Emergency Services -
The EDC and NGDC will continue to respond to leaks and emergencies. In the event of an electricity and/or natural gas emergency or service interruption, contact your EDC or NGDC at one of the telephone numbers listed below.

Notices -
If you have a fixed term agreement with us and it is approaching the expiration date or whenever we propose to change the terms of service in any type of contract, you will receive two separate written notifications that precede either the expiration date or the effective date of the proposed changes.  These notifications will explain your options going forward.  At least 60-75 days prior to the expiration date or proposed change, we will send you the first written notice. A second notice with options for your consideration will be sent to you no later than forty-five (45) days prior to the expiration date or proposed change to your terms of service.

Agency:
 Customer hereby appoints South Bay as agent for the purposes of (i) acquiring the supplies necessary to meet Customer’s energy needs, and (ii) arranging, contracting for and administering transportation and related services over transmission facilities and those of the EDC and NGDC needed to deliver energy to the Customer’s premises. These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.

Title:
  All energy sold under this Agreement shall be delivered to a location considered the “Point of Delivery”, which for electricity shall be at the PJM South Bay load bus (located outside of the municipality where Customer resides), and for the natural gas transported by interstate pipelines will be the city gate stations of the NGDC and shall constitute the point at which title transfers and the sale occurs.  South Bay will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the energy provided hereunder.

Warranty:
  This Agreement, including applicable attachments, constitutes the entire Agreement between Customer and South Bay.  South Bay makes no representations or warranties other than those expressly set forth in this Agreement, and South Bay expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use. 

Force Majeure:
  South Bay will make commercially reasonable efforts to provide energy hereunder but South Bay does not guarantee a continuous supply of energy to Customer. Certain causes and events out of the control of South Bay ("Force Majeure Events") may result in interruptions in service. South Bay will not be liable for any such interruptions caused by a Force Majeure Event, and South Bay is not and shall not be liable for damages caused by Force Majeure Events.  Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the utility (including, but not limited to, a facility outage on its energy distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond South Bay’s control. 

Liability:
  The remedy in any claim or suit by Customer against South Bay will be solely limited to direct actual damages. By entering into this Agreement, Customer waives any right to any other remedy in law or equity.  In no event will either TPS or Customer be liable for consequential, incidental, indirect, special or punitive damages. These limitations apply without regard to the cause of any liability or damages.  There are no third-party beneficiaries to this Agreement.

Choice of Laws:
  Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of Pennsylvania. This Agreement shall be construed under and shall be governed by the laws of the State of Pennsylvania without regard to the application of its conflicts of law principles.

Regulatory Changes:
  If at some future date there is a change in any law, rule, regulation or pricing structure whereby South Bay  is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at its sole discretion South Bay shall have the right to cancel this Agreement on 30 days’ notice to Customer.


Renewable Energy: Under  South Bay’s   Renewable Electricity Product, a percentage of the electricity sold  is matched with renewable energy certificates (“RECS”) generated from renewable or alternative energy sources in the United States which have been qualified as such by a regional or state RPS administrator.  This renewable percentage is over and above the minimum renewable energy requirements for this state. To view the historical percentage of electricity that is matched with RECs, please visit our website at www.southbayenergy.com