RPA ENERGY, INC. D/B/A GREEN CHOICE ENERGY

PENNSYLVANIA RESIDENTIAL FIXED PRICE ELECTRICITY AND NATURAL GAS SUPPLY DISCLOSURE STATEMENT – TERMS OF SERVICE

February 29, 2024

Background: This is an agreement between RPA Energy, Inc. d/b/a Green Choice Energy (“Green Choice”), an independent electricity generation and natural gas supplier, and the undersigned customer (“Customer”) under which Customer shall obtain electricity generation supply service and natural gas supply and begin enrollment with Green Choice (the “Agreement”).  Green Choice is licensed by the Pennsylvania Public Utility Commission to offer and supply electricity generation services and natural gas supply in Pennsylvania. Our PUC license number for electricity generation supply is A-2012-2325273. Our PUC license number for natural gas supply is A-2016-2533833.

Your electricity generation prices and charges will be set by Green Choice. The Federal Energy Regulatory Commission regulates electricity transmission prices and services. 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.  EDC will continue to provide all emergency repairs and services.  Green Choice is not affiliated with and does not represent your EDC or NGDC.

Definitions: Generation Charge – The charge for producing electricity. Generation service is competitively priced and is not regulated by the Public Utility Commission. If you purchase electricity from an electric supplier, your generation charge will depend on the contract between you and your supplier. Transmission Charge – The cost for transporting electricity from the generation source to your electric distribution company. For most electric customers who select a new supplier, transmission costs will be included in the charges from your new supplier. The Federal Energy Regulatory Commission regulates retail transmission prices and services. This charge will vary with your source of supply. 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.

1. Agreement to Sell and Purchase Energy. Subject to the terms and conditions of this Agreement, Green Choice agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of electricity as necessary to meet Customer’s requirements based upon consumption data obtained by Green Choice from the EDC, and the quantity of natural gas as necessary to meet Customer’s requirements based upon consumption data obtained by Green Choice from the NGDC.
2. 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 Green Choice by phone at 1.800.685.0960 or by email at [email protected].
3. Term. Green Choice will begin providing your electricity generation beginning on the date set by your EDC and your natural gas supply beginning on a date set by your NGDC and shall continue for the period set forth on the attached Contract Summary (the “Initial Term”).
4. Agreement Expiration/Change in Terms – If you have a fixed duration contract that will be ending, or whenever Green Choice wants to change the contract, you will receive two separate notices before the contract ends or the changes happen. You will receive the first notice 60-75 days before, and the second notice 45 days before the expiration date or the date the changes become effective. These notifications will explain your options.
5. Price and Billing- This is a fixed price agreement. The fixed prices that you will pay for electricity and natural gas supply is set forth on your Contract Summary as well as the paragraph below. The prices will be effective starting with your first date of service with Green Choice and will remain fixed for the term as indicated below and on your Contract Summary.  The price for electricity generation supply may be higher or lower than the EDC’s price in any particular month.  The price for natural gas supply may be higher or lower than the NGDC’s price in any particular month.  Your price includes estimated total state taxes, but excludes Pennsylvania sales tax, if applicable.
6. Renewable Supply Option – “Renewable” energy refers to energy that is generated from renewable sources, such as solar, wind, water or biomass. Green Choice will ensure that 100% of the customer’s electricity usage is matched with renewable energy certificates or renewable energy attributes. Green Choice shall have up to 24 months from the end of each calendar year to address any deficiency that may have arisen in the renewable content of electricity sold under this Agreement during such calendar year. Green Choice’s carbon neutral natural gas products offset the carbon dioxide footprint of your natural gas usage, as determined in Verified Carbon Units (“VCUs”). Each VCU represents a reduction or removal of one ton of carbon dioxide equivalent (“CO2e”) achieved by a project, which is verified by a third-party auditor. These VCUs are then created, tracked, and retired within the appropriate tracking system.  100 % of the natural gas that you purchase is matched with VCUs that are securely retired on your behalf.
7. Price-The price for electricity generation supply for the Initial Term is set forth on the Contract Summary Page. The price for natural gas supply for the Initial Term is set forth on the Contract Summary Page
8. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Green Choice. Green Choice may assign this Agreement to another energy supplier, energy services company or other entity authorized by the PUC upon thirty (30) days prior written notice to customer.
9. Cancellation/ Fees and Penalties – A residential customer may cancel this Agreement by contacting Green Choice at 1.800.685.0960 or by email at [email protected]. If you cancel this agreement, you will owe us for amounts unpaid up to the date of cancellation. If you cancel this Agreement before the end of the Initial Term, you will be subject to an early cancellation fee of $500 if there are less than 12 months remaining in the Initial Term, or $100 if there are more than 12 months remaining in the Initial Term.  No Early Termination Fee will apply if the customer cancels following the date of the second notice of contract expiration. Green Choice may cancel this agreement at any time upon providing written notice to Customer. Common reasons for Green Choice 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 electric service is terminated.  You will owe us for amounts unpaid for our charges for electricity generation and/or natural gas supply service 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.
10. Information Release Authorization. Customer authorizes Green Choice to obtain and review information regarding Customer’s credit history from credit reporting agencies and standard information that is made available to suppliers from your EDC and/or NGDC. Customer’s execution of this Agreement shall constitute authorization for the release of this information to Green Choice. Green Choice will maintain the confidentiality of the customer’s personal information including name, address, phone number, usage, and payment history as required by applicable PUC regulations and Federal and State law. Green Choice will not release the customer’s private confidential information to a third party without the customer’s express consent. 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 Green Choice or by calling Green Choice at 1.800.685.0960. Green Choice reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
11. Entire Agreement. This Agreement, including Contract Summary and any attached enrollment form, as written, makes up the entire Agreement between Customer and Green Choice. Green Choice makes no representations or warranties other than those expressly set forth in this Agreement, and Green Choice expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
12. Force Majeure. Green Choice will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Green Choice does not guarantee a continuous supply of electricity or natural gas to Customer. Certain causes and events out of the control of Green Choice (“Force Majeure Events”) may result in interruptions in service. Green Choice will not be liable for any such interruptions caused by a Force Majeure Event, and Green Choice 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 EDC or NGDC (including, but not limited to, a facility outage on electricity or natural gas facilities), or any other cause beyond Green Choice’s control. 
13. Payment Provisions- Customer will make all payments for Green Choice’s electricity supply charges to your EDC, and all payments for Green Choice’s natural gas supply charges to your NGDC. Any unpaid amounts may be subject to late payment charges.  Your EDC or NGDC may request a security deposit for amounts which include supplier charges.  Your EDC and NGDC maintain the right to terminate service for any unpaid utility or supplier charges, pursuant to the Pennsylvania Public Utility Commission’s regulations.
14. Dispute Procedures-. In the event of a billing dispute or a disagreement involving Green Choice’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Green Choice by telephone or in writing, as provided below. If you are not satisfied after discussing your terms with us you may contact the Public Utility Commission (PUC) by phone at: 1-800-692-7380 or in writing at PO Box 3265, Harrisburg, PA 17105-3265.
15. Contact Information:

Supplier Information: RPA Energy, Inc. d/b/a Green Choice Energy P.O. BOX 1508 Huntington, NY 11743, Phone: 1-800.685.0960 www.greenchoiceenergy.com

Public Utility Commission, PO Box 3265, Harrisburg, PA 17105-3265, Phone: 1-800-692-7380

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. Information about shopping for an electric supplier is available at www.PaPowerSwitch.com, or other successor media platform as determined by the Commission, by calling the Commission at 800-692-7380, and the Office of Consumer Advocate at 800-6560 or www.oca.state.pa.us.

16. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING CLAIMS ARISING IN CONTRACT, TORT, STATUTORY OR OTHERWISE, SHALL BE SETTLED EXCLUSIVELY AND FINALLY BY ARBITRATION IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION PROCEEDING HEREUNDER SHALL BE CONDUCTED EXCLUSIVELY IN PENNSYLVANIA. NEITHER PARTY MAY ALTER, AMEND, OR OTHERWISE CHANGE THE BINDING OBLIGATION TO ARBITRATE DISPUTES SET FORTH IN THIS PROVISION WITHOUT THE EXPRESS CONSENT OF THE OTHER PARTY. BY ENTERING INTO THIS AGREEMENT, CUSTOMER AGREES TO BINDING ARBITRATION AND WILL NOT PURSUE ANY FURTHER ACTION IN A COURT OF LAW. CUSTOMER WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

17. Limitation of Liability. The remedy in any claim or suit by Customer against Green Choice will be solely limited to direct actual damages. All other remedies at law or in equity are hereby waived. In no event will either Green Choice 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.
18. Choice of Laws. This Agreement shall be construed under and shall be governed by the laws of the Commonwealth of Pennsylvania without regard to the application of its conflicts of law principles.
19. Regulatory Changes. This Agreement is subject to present and future legislation, orders, rules, regulations or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which impacts any term, condition or provision of this Agreement including, but not limited to price, Green Choice shall have the right to modify this Agreement to reflect such Regulatory Change by providing 30 days’ written notice of such modification to the Customer.
20. Emergency Service. Your EDC and NGDC will continue to respond to leaks and emergencies. In the event of a gas leak, service interruption or other emergency, Customer should immediately call the EDC or NGDC at the numbers listed above.
21. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Customer and Green Choice have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.