ALBERTA CO-OPERATIVE ENERGY - YOUR ENERGY CO-OP
The company that wants you to enter into this marketing contract is an independent electricity or gas marketing company, whose rates are not regulated by any provincial or municipal government or agency. This company is not affiliated with the Government of Alberta.
Standard Terms and Conditions
1.0 How we define certain key terms in our Contract:
These terms and conditions are approved by the Director of Fair Trading pursuant to the Energy Marketing Regulation. They have been drafted in plain language to make it easy for reference and understanding.
Contract: These terms and conditions, the Product Sheet (i.e. sign up form) and the Recorded Call if applicable.
Directive: Any contract with a Distribution Company or its tariffs, policies or directives.
Distribution Company: The organization that operates your local natural gas or electricity distribution system, including the load settlement agent.
Early Exit Fee: Your cost to end your Contract with us before its expiry date. The amount is described in the Product Sheet.
Energy: The natural gas or electricity, or both, that you are buying under this Contract.
Energy Charge: The price per unit that you agree to pay for the Energy supplied to you under this Contract. It is described in the Product Sheet.
Laws: Any law, regulation, Directive or other legal requirement relating to this Contract or the supply, sale, receipt and purchase of Energy.
Other Charges: The amounts you will pay us in addition to the Energy Charge that are related to the supply of Energy and services under this Contract. They are charged by third parties related to third party enrollment and exit fees, franchise fees, local access fees, transportation charges, transmission charges, delivery charges and Taxes. They also include amounts charged by us that are described in the Product Sheet.
Product Sheet: The document titled “Product Sheet” that describes what you are purchasing and your personal information.
Recorded Call: The recorded telephone call that describes what you are purchasing and your personal information. A telephone call conducted to verify a written agreement is not a Recorded Call.
Retail Transaction Fee: The service fee(s) specified on the Product Sheet (i.e. sign-up form) payable per unit of Energy that you consume as part of your Variable natural gas rate or Variable electricity rate (if applicable).
Site: Your home, business or other locations noted as Site ID numbers in the Product Sheet.
Site Administration Fee: The amount set out in the Product Sheet that we charge you each month for each Site to administer your account.
Start Date: The date on the Product Sheet you will first receive Energy from us under this Contract.
Taxes: All lawful taxes and charges related to your purchase of Energy and services under this Contract.
Variable (otherwise referred to as wholesale or floating) electricity rate:
The load-weighted average flow-through of the wholesale market price for electricity plus a retail transaction fee. Your Variable electricity rate will change each billing period and includes cost of the profiled load shape assigned by the Distribution Company, line losses, unaccounted for energy, AESO energy marketing trading charges, uplift charges and any other costs directly incurred by ACE for the purchase of electricity from the Supplier at the AESO hourly price.
Variable electricity rate is calculated as follows:
VEP = SUM ((HC + LL + UFE)*(PP+EMTC + PSM)) + RF + SC SUM(HC)
HC: means the hourly consumption of electricity as determined by applying the Distributor Load Shape to Metered Electricity;
LL: means the amount of Line Loss determined by the Distributor;
UFE: means the amount of unaccounted for energy as determined by the Distributor;
PP: means the AESO hourly power pool price as published by the AESO (“Pool Price”);
PSM: means the hourly PSM charges, as published by the AESO and charged by the AESO to retailers to pay for the uplift payments that the AESO pays to the generators of electricity.
EMTC: means the energy market trading charge as published by the AESO;
RTF: means the Retail Transaction Fee, payable per kWh, for electricity provided to you through our services. In the case of a daily fee consumer, the RF is zero.
SC: means the supplier charge, payable per kWh provided, and is zero except for daily fee customers.
Variable natural gas (otherwise referred to as wholesale or floating) rate:
A volume-weighted average flow-through of the daily spot market price for the purchase of natural gas by ACE from the Supplier plus a retail transaction fee. Your Variable natural gas rate will change from month to month and is based on the average daily price (CGPR 5A daily index) for natural gas plus any incremental costs incurred by ACE, including any UFG-Related Charges, directly related with the purchase of natural gas volumes from the Supplier for the Site(s).
Variable natural gas rate is calculated as follows:
VNG = SUM(CONS+UFG )*(CGPR5ADaily Index ) + RF + SC
CONS: means daily natural gas consumption in GJ as determined by the Distributor;
CGPR5A Daily Index: means the NGX AB-NIT line 5A as published by Canadian Gas Reporter, per GJ, for each day in the billing cycle;
RTF: means the Retail Transaction Fee, payable per GJ, for natural gas provided to you through our services. In the case of a daily fee consumer, the RF is zero.
UFG: means your Site(s) proportionate share of the Distribution Company’s line loss, unaccounted-for natural gas and compressor fuel as determined by the Distribution Company.
SC: means the supplier charge, payable per GJ provided, and is zero except for daily fee customers.
2.0 Supply of Energy:
2.1 Conditions for supplying Energy
a) Before we supply you with Energy and services, you must meet our credit requirements, and you must continue to meet our credit requirements; and
b) Before we supply you with Energy and services, the Distribution Company must enroll your Site with us designated as your retailer.
2.2 Credit requirements and deposits
You agree to provide us with and authorize us to receive from third parties reasonable financial and credit information if we request it. We will use it to evaluate your creditworthiness, and as a result we may require a deposit at any time during the term of this Contract.
2.3 Appointing us as your agent
By entering into this Contract, you appoint us as your limited agent to deal with third parties for all purposes related to the performance of this Contract. In this role, we will conduct activities such as enrolling your Site, acquiring and arranging for the supply of Energy and services to you, and billing you for the Energy and services supplied to you. You authorize the Distribution Company to give us your consumption information and any related information that we may require. This agency relationship ends when both of us have completed all obligations under this Contract and any renewal of it.
When we act as agent, we only do so for the purposes directly related to this Contract. You are free to make your own decisions about the Energy and Contract you choose, and you agree that we are not your financial advisor and therefore have no liability for your choices.
3.0 Billing, Metering and Payment
We will bill you regularly and you must pay your bill. Your bill includes charges for all Energy supplied to you based on the Energy Charge, Other Charges, Site Administration Fee and any deposit. Occasionally your bill will contain charges or credits for adjustments related to those charges or your Energy consumption.
3.2 Estimated and actual consumption
The portion of your bill related to consumption is based on your metered Energy consumption and estimates of consumption that we or the Distribution Company make. Periodically, we will make adjustments between estimated and actual consumption and bill you a debit or credit.
3.3 Late payments or disputed invoices
If we do not receive your payment by the date indicated on the bill, we will charge you the late payment fee set out in the Product Sheet. You have the right to dispute incorrect calculations or estimates if you inform us promptly, but you must pay your bill in full while a dispute is being resolved. If you are correct, we will adjust your bill. You are responsible for all legal and collection fees associated with us trying to collect any amounts owing, including Early Exit Fees.
3.4 Use of deposit
We may use any deposit made by you for the payment of any amounts owing pursuant to this Contract.
4.0 Changes to the supply of Energy and ending this Contract
a) You must give us at least 45 days’ advance notice before you move and tell us your new address. If the new location is within a territory we serve, we will amend this Contract to apply to your new location. Any interruption in supply of Energy or services caused by your failure to give us 45 days’ notice and any additional costs either of us incur in serving the new location will be your responsibility.
b) If you move out of Alberta or to a territory we do not serve, then on the date of your move, this Contract will end without liability to either of us. If you move to a territory where we supply only electricity or natural gas, then, on the date of your move, this Contract, as it applies to the other commodity, will end without liability to either of us.
c) If we cannot supply electricity or natural gas, or both, to your new location for any other reason (including that a third party supplies you with electricity or natural gas, or both), this Contract, as it applies to electricity or natural gas, or both, will end and we may charge you the Early Exit Fee.
4.2 Transferring this Contract
You may transfer this Contract to another person with our consent, which may be withheld. We may transfer this Contract to another Energy retailer by giving you notice.
4.3 We can end this Contract if…
We can end this Contract and charge you the Early Exit Fee if you:
a) do not pay your bill in full by the date on your bill;
b) do anything that prevents us from supplying you with Energy or services;
c) increase your consumption above 2500 GJs or 250,000 kWhs per year; or
d) do not give us satisfactory financial or credit information, do not give us a deposit when we request one, or do not meet our credit requirements.
4.4 You can end this Contract if…
You can end this Contract without cost or payment of the Early Exit Fee:
a) within 10 days after a copy of this Contract, signed by you, is received by us; or
b) within 60 days after the date you receive your first bill from us if this Contract was entered into during a Recorded Call; or
c) if another contract presently exists for the supply of Energy to your Site (but not if the existing contract expires on or before the start of this Contract).
4.5 You can also end this Contract…
You can also end this contract without payment of the Early Exit Fee within one year from the date this Contract is entered into if we i) do not set out the date the supply of Energy or services will begin; ii) do not begin the supply of Energy or services within 30 days of that date (unless you expressly authorize the late start); or iii) were not properly licensed when we entered into this Contract.
4.6 De-Enrolling You with the Distribution Company
When this Contract ends, we will ask the Distribution Company to de-enroll your Site. When it does, you will receive Energy from a default supplier or another retailer you choose. The obligations under this Contract will not end until the de-enrolment is finished, and we have each completed all of our obligations to each other.
4.7 Payment of Early Exit Fee
If we charge you the Early Exit Fee, it will appear on your bill. If you do not pay it to us by the date indicated, we will charge you the late payment fee.
5.0 Unexpected Events
5.1. Inability to Perform
Certain events beyond our control may make it impossible for us to supply Energy or services to you. We are not legally responsible to you in those events and will resume supplying Energy or services as soon as we reasonably can. This Contract will otherwise remain in full effect.
5.2. Change of Laws
If we believe a change in Laws requires that we make a change to this Contract, we will notify you and the changes will apply 30 days after the notice is sent. The Energy Charge and expiry date will not change unless you agree. If a change in Laws stops us from supplying Energy or services under this Contract or creates additional costs for us that are not included in Other Charges, then we may end this Contract. If so, we will notify you and 30 days after the notice is sent, this Contract will end without liability to either of us.
6.0 Other duties and responsibilities
We both need each other’s assistance to successfully perform this Contract. Therefore, we both promise to comply with Laws and to help each other in enrolling your Site.
6.2 LIMITATION ON RESPONSIBILITY
WE DO NOT CONTROL THE PHYSICAL SYSTEMS THAT CARRY YOUR ENERGY AND THEREFORE WE DO NOT CONTROL WHETHER OR HOW YOU RECEIVE ENERGY. WE HAVE NO CONTROL OVER THINGS SUCH AS THE QUALITY, PRESSURE, VOLTAGE, FREQUENCY OR CONTINUITY OF YOUR ENERGY OR ITS SUPPLY. OTHERS, INCLUDING THE DISTRIBUTION COMPANY, CONTROL THESE THINGS AND WE ARE NOT RESPONSIBLE FOR ANY OF THEM. WE ARE ONLY RESPONSIBLE FOR DAMAGES CAUSED DIRECTLY BY OUR ACTIONS (AND SPECIFICALLY EXCLUDE LIABILITY FOR THE ACTIONS OF THOSE FOR WHOM WE ARE NOT RESPONSIBLE AT LAW). WE ARE NOT RESPONSIBLE FOR PUNITIVE, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR DAMAGES FOR LOSS OF USE, REVENUE, PROFIT OR OPPORTUNITY.
Each of us must deliver any notice related to this Contract to the other’s address on the Product Sheet. You are required to produce independent evidence that the notice was delivered. Each of us may change our address by giving notice to the other.
7.3 Entire Contract and execution
We both agree that this Contract is the only thing we may look to as the evidence of the agreement between us. Except for changes to personal information and the like, we both can only amend this Contract in writing or by telephone if allowed by Laws.
7.4 Waiver, remedies and sections that don’t end
No failure or delay to exercise a right under this Contract will cancel that right. Seeking one remedy does not prevent either one of us from seeking any other remedies we are entitled to seek. Section 6.2 does not end when this Contract ends but stays in effect.
7.5 Fixing legal problems with this Contract
If any part of this Contract is illegal or cannot be enforced, we both agree that it will be fixed to be legal and enforceable. If that part cannot be fixed without changing our intention in this Contract, it will be removed, and the rest of this Contract will stay in effect.
8.0 Additional terms and conditions applicable to the products are:
8.1 I understand I may cancel this contract without cost or penalty within 10 days after a copy of the marketing contract, signed by the consumer, is received by Alberta Co-operative Energy (ACE).
8.2 In order to process the contract, I authorize a credit check to be performed for the purposes of obtaining a credit score; the credit check will be conducted by Alberta Utility Billing Inc. as agent of ACE.
8.3 The Price does not include a Site Administration Fee of $6.50 per site per month for single product and an additional $3.00 per site per month when duel (i.e. Electricity & Natural Gas) product is selected.
8.4 I may cancel this Contract at any time without cost or penalty unless the Product selected indicates an Early Exit Fee is applicable. If applicable, the Early Exit Fee required for payment, unless waived at the sole discretion of ACE, is as follows:
50 cents per GJ for each GJ of natural gas usage for the remainder of the Term; and 1 cent per kWh for each kWh of electricity usage for the remainder of the Term, each as applicable. The usage for the remainder of the term is estimated based on your historical consumption as provided by your Distribution Company. (An average residential consumer will consume approximately 132 GJ’s of natural gas per year and 10,000 kWh of electricity per year.)
8.5 Cooperative membership is optional; if selected and approved I will receive a membership share to Alberta Co-operative Energy (ACE).
8.6 I am also responsible for Other Charges set out in the Standard Terms and Conditions. Other Charges not mentioned in the terms and conditions that I may be charged are:
Late Payment Charge: if you pay your bill after the due date set out in your bill, you will be required to pay a late payment charge of 2.0% per month (26% per annum) on any amounts outstanding after the payment due date.
ACE Membership Terms and Conditions
Alberta Co-operative Energy (ACE)
Terms and Conditions of Membership
As a member-owned business, you have a stake in our success. And best of all, you control your membership. You can be involved as much or as little as you like, from simply being an ACE customer (electricity and/or natural gas consumer) to becoming a board director.
The more active you are, (i.e. signing up for both electricity and natural gas) and encouraging other people to become customers (sign up to use our services), the greater the value of your membership. The more customers we have, the lower we can keep our costs and the higher earnings we will be able to reinvest or pay as patronage dividends.
Membership in ACE provides you:
· The right to attend and vote on resolutions brought forward at the cooperative’s Annual General Meeting or any special meetings of the cooperative, including approving the cooperative’s reinvestment strategies.
· The right to nominate or be nominated for the co-operative’s Board of Directors
· The right to receive an equitable share in patronage dividends (a percentage of our profits based on your level of business (consumption of electricity and natural gas) with ACE) if and when they are declared by the Board of Directors.
Rights and Responsibilities
· Members must be 18 years of age or older and be a customer in good standing with the co-operative and its related businesses.
· An individual or corporation may only hold one membership share in the co-operative.
· Corporate members must designate one individual as their representative. The individual designated as the contact person when applying for services to the co-operative shall be considered the designate, unless otherwise indicated in writing to the Board.
· Upon approval of membership, a share account will be set up in the member’s name in the co-operative’s ledger and applicants may review a copy of the co-operative’s bylaws on ACE’s website.
· Members wishing to terminate membership in the co-operative must do so in writing to the Board of the co-operative. Upon termination of membership, the co-operative will reimburse the full membership share.
By agreeing to these terms and conditions, you grant ACE the right to add $25.00 to your upcoming energy bill as payment for your membership share.
Please note that the ACE Board will review membership applications and reserves the right to reject any application at its discretion. In the unlikely event that your application is rejected, the full $25.00 membership fee shall be reimbursed as a credit on your account.
SPARK Green Offset Program Terms and Conditions
SPARK Certified Green Generators (generators). Registered and approved solar, wind, biomass or other types of renewable energy generators that take part in the SPARK Green Offset Program.
ACE Green Power Rate (customers). A retail electricity option that allows residential, industrial and commercial customers to purchase Green Energy Offsets from small renewable energy generators.
Green Energy Offset (offset). A unit of energy (kWh) that a SPARK Certified Green Generator exports to the grid. A single unit (kWh) of renewable energy entering the grid = 1 unit (kWh) of Green Energy Offsets.
Exported Energy. Energy recorded at the revenue-grade (Measurement Canada certified) meter. With distributed generators, the total kWhs can be a program offset. With micro-generators, only energy exported to the grid can be a registered offset.
SPARK Offset Registry. SPARK’s database of registered and retired Green Energy Offsets.
GENERATION AND OFFSET REGISTRY
SPARK Certified Green Generators (generators) have the opportunity to sell the green attributes of their exported energy at the current rate of 1.85 cents/kWh. Generators will also continue to receive compensation for their exported energy as they would if they were not registered in the SPARK Green Offset Program. Only the green attributes of the exported energy are registered with ACE in the form of a Green Energy Offset for sale to its customers.
Green generators may not sell the offsets produced from their registered system to any other retailer, individual or company in the form of any GHG offsets, Renewable Energy Credits or any other carbon credit offset system. ACE customers that are leasing their solar electric systems may not be eligible to participate in the SPARK Green Offset Program, as the lessor may own the environmental benefits of the solar electric system.
ACE micro-generators who have received funding from the new provincial Residential and Commercial Solar Program are not able to participate in the SPARK Green Offset Program or sell their offsets anywhere else, as their offsets are owned by Energy Efficiency Alberta.
Upon registration, each generator is assigned to a specific generator category. Generator categories may include:
Calgary solar micro-generators (YYC-SOLAR)
Edmonton solar micro-generators (YEG-SOLAR)
Alberta solar and wind micro-generators (AB-MG)
Additional generator categories will exist and can be created for larger solar and wind generators (both distributed generators and micro-generators)
Each generator is assigned an ID code corresponding to their generator category and the order in which the generator registered as a SPARK Certified Green Generator. (Example: YYC-SOLAR-001 corresponds to the first micro-generator registered in the Calgary solar micro-generators category.)
Monthly exported energy (kWh) as measured by the utility becomes registered as a Green Energy Offset in SPARK’s offset registry.
The registered Green Energy Offsets will remain in SPARK’s offset registry until purchased and retired by ACE Green Power Rate customers or until un-retired offsets are returned to the generator upon their exit from the program
All new and existing ACE customers are provided with the option to purchase Green Energy Offsets from SPARK.
When signing up for the Green Power Rate, ACE customers will need to select a specific generator or generator category to purchase Green Energy Offsets from.
For each kWh of energy consumed by a ACE Green Power Rate customer, ACE will provide 1.85 cents for purchase of a registered Green Energy Offset from SPARK’s offset registry within that customer’s chosen generator category with exceptions as outlined in point 14 below.
Total energy consumption (kWh) of all ACE Green Power Rate customers within specific generator categories are recorded on a quarterly basis. Q1 totals include energy consumed from January, February and March statements; Q2 totals include energy consumed during April, May, and June statements, etc. Statements and billing periods remain the same as ACE’s existing statement periods for our customers and may not align perfectly with each of these months. For example, January statement will generally reflect the billing period for December but may also include days from November or January.
The total combined consumption (kWh) of ACE Green Power Rate customers within a generator category is distributed and assigned to registered Green Energy Offsets within the selected generator categories in SPARK’s offset registry. Registered Green Energy Offsets become officially retired for each unit purchased by the Green Power Rate customers. Once a Green Energy Offset is retired, it is no longer eligible for sale through SPARK’s Green Offset Program or other offset markets.
Green Energy Offsets are purchased and retired in the order in which they are registered with SPARK.(See below)
Green Energy Offsets that are not purchased during any given quarter are carried forward to the following quarter and prioritized for sale. SPARK will attempt to sell all registered offsets; however, a time lag or buffer between offset registration and offset sale/retirement is required for program functionality
SPARK will make every effort to ensure that the amount of energy consumed by ACE Green Power Rate customers does not exceed the amount of Green Energy Offsets available for sale within a given generator category. If purchased Green Energy Offsets exceed amount available for sale within a given category, SPARK reserves the right to allocate and retire Green Energy Offsets from other generator categories to ensure that our ACE Green Power Rate customers have purchased Green Energy Offsets for 100% of their consumed energy.
Quarterly reports will be provided to SPARK Certified Green Generators within 45 days of end of quarter. Reports will include details specific to the generator’s category. (See below)
ACE reserves the right to refuse service to new or existing Green Power Rate customers if SPARK has inadequate offset generation to meet demand. ACE Green Power Rate customers will be notified prior to movement to ACE’s default rate or another rate of the customers’ choosing.
SPARK reserves the right to limit new generator sign up if demand for Green Power Rate is limited or insufficient to meet generation from existing generators.
When a generator leaves the SPARK Green Offset program, a summary report detailing retired offsets will be provided. Any outstanding offsets that have not been retired will be de-registered from SPARK’s offset registry for future use or sale by the customer.
SPARK reserves the right to modify the terms of this agreement with 30 days' advance notice to the generator.
Green Energy Offsets Retirement Priority:
The oldest registered offsets are retired first within each generator category (Example - Registered offsets from January 2016 are purchased and retired before offsets from February 2016; Offsets carried over from Q4-2015 are purchased and retired before offsets from January 2016)
Offsets from the same month are retired based on the generator ID; older generator IDs offsets are sold before newer generator ID’s offsets.
Example prioritization of offset sales for Q1-2016:
Offsets carried over from Q4-2015 from YYC-SOLAR-001
Offsets carried over from Q4-2015 from YYC-SOLAR-002
January 2016 offsets from YYC-SOLAR-001
January 2016 offsets from YYC-SOLAR-002
February 2016 offsets from YYC-SOLAR-001
February 2016 offsets from YYC-SOLAR-002
February 2016 offsets from YYC-SOLAR-003 (new generator signs up mid-quarter and enters queue for offset sales)
March 2016 offsets from YYC-SOLAR-001
March 2016 offsets from YYC-SOLAR-002
Quarterly Reports will be provided to SPARK Certified Green Generators within 45 days of end of quarter. Reports will include details specific to the generator’s category:
Green Energy Offsets (kWh) purchased by ACE Green Power Rate customers within their chosen generator category
Number of generators within the category
Total Green Energy Offsets registered in SPARK’s offset registry (kWh) within generator category
Total Green Energy Offsets retired from SPARK’s offset registry (kWh) within generator category
Total Green Energy Offsets carried forward to the next quarter (kWh) within generator category
Details of any offsets transferred to or from other generator categories in cases of inadequate generator offset supply
Overall program details with summary of all generator categories
Financial compensation to generators will be issued quarterly via direct deposit into the customers’ bank account.