Control Number : 43337 Item Number : 1 Addendum StartPage : 0 J^^7 RECEIVED September 10, 2014 Syed Enterprises Inc, 2014 SEP 23 AM 9: 24 PUBLIC UTILITY COfl,^fiSSlON FILING CLERK RE:CP2014070302 Account: Syed Enterprises Inc, Complaint against APG&E Address: 6161 Savoy Ste 500 Houston, TX 77036 P#877-544-4857 F#888-456-2085 This is formal comlaint agaist APG&E, the Eric Flores came and give me rate of .051pkw and said he representing Hudson Energy my current provider Eric instead and pressurize me to sign contract and it was a decent rate asi am currently paying .074pkw. I realized of index adder of .29 flutuating which Eric never explain to me t called him And he sent Amanda another rep f told her this is not what I was told and this product is not appropriate for our peoperty I need fixed why not rep explained to me about index adder. Amanda offer me.073pkw which almost same I am paying right now. I told her rep Erick Flores never told me about index adder and he was just presurrize me sign without even explain to me or going through the contract. Since jan 2014 ( keep on asking APG&E to give me rate i,051pkw what I was told or cancel it I file informal complain to PUC after long discussion APG&E cancel contract, since APG&E misled misguide never explain product at all I should not be charged any cancellation fee or if APG&E give me .051pkw fixed rate I can go with then. Our property is 40% occupied its medical office building and Syed Enterprises Inc provides all utility We always try to cut down expence I was waiting for our contract with Hudson Energy be complete in Oct, 14 and I will look for better rate and this APG&E cheated me mis guide me never explain index ader I should not be charged any cancellation fee since I was not told by Eric Floes about index adder Please help me with this contract Thanks ^ . 1^ . Shazana begum 713-240-3685 Donna L. Nelson Chairman Rick Perry Governor Kenneth W. Anderson, Jr. Commissioner Brandy D. Marty Commissioner Brian H. Lloyd Executive Director Public Utility Commission of Texas 5/13/2014 Ms Shazana Begum 2802 Garth Rd Ste 109 Baytown TX 77521 RE: Complaint # CP2014040966 Dear Ms Begum: The Customer Protection Division (CPD) has received your complaint filed against AP Gas & Electric LLC (APG&E). In your complaint you expressed concern regarding customer service received from APG&E. You stated a contract was completed, selecting APG&E as your Retail Electric Provider (REP). APG&E failed to disclose the pricing terms for your selected rate plan. With the information provided, CPD has contacted APG&E with a request to research your complaint and file their response to your concerns. Today, CPD has reviewed the company's response and determined the following. APG&E's records indicate an enrollment was completed on 01/31/2014 through a broker, Real Energy Solutions, selecting APG&E as your REP effective 10/2014. Based on the terms of the enrollment, service was to be provided under APG&E's Block Plus Real-Time Index plan. This plan included a fixed energy charge plus an indexed retail adder. APG&E's records also indicate an agent from Real Energy Solutions met with you to review the contract signed for your enrollment. APG&E has advised they are willing to convert the account to a fixed rate, to match the rate offered by your current Retail Electric Provider (REP). APG&E will assess an Early Termination Fee (ETF) if the enrollment is rescinded. CPD has completed our investigation regarding your complaint. We have reviewed the enrollment contract for service with APG&E and have determined in accordance with Substantive Rule §25.474 Selection of Retail Electric Provider (e) (4) (D), APG&E disclosed the pricing of your selected rate plan. The contract disclosed an indexed retail adder would be applied to your account. A separate disclosure was also signed, acknowledging the selected price was not a fixed rate plan. Printed on recycled paper An Equal Opportunity Employer 1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936-7000 Fax: 512/936-7003 web site: www.puc.state.tx.us Shazana Begum Tuesday, May 13, 2014 Page 2 As a courtesy, APG&E has agreed to allow service to be switched to a fixed rate effective with the activation of your account. Substantive Rule §25.480 Bill Payment and Adjustments authorizes APG&E to assess an ETF if the switch to APG&E is canceled or service is canceled prior to the contract expiration date. Based on our investigation, CPD has determined that the actions of APG&E are consistent with Substantive Rule §25.474 Selection of Retail Electric Provider (e) (4) (D). Thank you for the opportunity to address your concerns. If we can assist you with future utility concerns, please contact us toll free through our Customer Assistance Call Center at 1888-782-8477. Sincerely, Customer Protection Division Public Utility Commission of Texas cc: APG&E APcG- &E ^a rt : Energy Solutions APG&E Payment Plan Agreement Date: Customer Name Phone Number Service Address Account Number Amount Owed_ Syed Enterprises, LLC (713)240-3585 2802 Garth Rd. Bayto 54204421-540 $ 27,064.60 TX 77521-3900 I, the Customer, agree to make payments on the specified dates and the agreed amounts stated on the payment schedule below. I understand the consequences that will be brought against me if the contact if violated. The penalties could include: account being turned over to collection agency and/or prosecution in court. Upon default, I agree to pay any fees and costs that may incur in collecting my balanee owed as well as a competitive interest rate on the amount owed. $ 6,766.15 Monthly Payment: September 1, 2014 First Payment: Payment(s) shall continue of every month thereafter (until paid in full): Payment made to: APG&E Att. Collection Department 6161 Savoy Drive, Suite 500 _ Nnnston. Texas 77036 I agree that the above schedule of payments is an acceptable resolution to help retire my debt with APG&E, and I remain current with this payment plan. APG&E Customer: By: By: Representative, Collection Dept. Name: Title: Pt't:T License '= 101W S Ph, S-S^."-:'+-4-^--4$'"'' i'sr1: 1-84;i-- ►56-2t}fi^ Gltit S;t^4} l9sits Stc 51?(1" td;stts?rtzt, T1 "''{i3(i ` ^ , fCs ^----^._ ^, C1 - -,..) t..^ --..^ rz c c^.. --.r^ ^ 2 ^ etd 6-eL : Aki.^ 2^^^^^7a^oz ^ ha 'y 'i ^ Srn c/ 2- q 3 ^ - -7a o 3 - 3 6 9 5713 z ctv : filk ^^ eS -ae. ^ ^ bi cJ(- « H- ^qJ' ^^«L ^2-- 16 3 U a-j ^ ,. l^i 0 d,,/s 9-V6,2_4 C.A-^" , 27aad APcG- &E Energy Solutions Syed Enterprises LLC 2802 Garth Rd Baytown, TX 77521-3900 August 12, 2014 Valued Customer, Thank you for your patience in regards to this request. As requested this letter is to inform you that your contract has been cancelled per Shazana Begum for Syed Enterprises LLC. If you should have any further questions about this account or if we can be of further service to you, please email us at customeraap^e.com or call us at 1.877.LIGHT.57 (1.877.544.4857), and a representative will be happy to assist you. When you call, please have your account number available in order to expedite your request. Thank you for your time. You will find that connecting with AP G&E Energy Solutions is one of the best choices you've made. We appreciate the opportunity to serve you. Sincerely, Customer Care AP G&E Energy Solutions ML Iffaft., G&E g.' >otv tro"' 6161 Savoy Ste. 500 Houston, TX. 77036 Phone: 1 ( 877) 544-4857 Fax: 1 (888) 456-2085 Email: customerna apgellc.com Web: www.apae.com AP G&E Energy Solutions 6161 Savoy Ste 500 Houston TX 77036 Phone# 1-877-LIGHT-57 Fax# 1-888-456-2085 E N ^ (.. 0 Z r O TM U C T N d LO 0 a) lC ` ^ N C) m CD .C m co cf T O N O C w ^ 't3 Q) 9, CO a) E m D m Z z ,,,,, U) ^ U cc iz a) '-^ (6 Cf CN T" co N U) O ^ Q C a) N p ^' O t6 CA ^ = O O_ L C O > O O_ O o U U Q) O Z ^ ^ ^ T Q ZS 0 ti5 -6 t6 1t) 00 U -) CO O C? p p } O 0 0) r ^ (D N ^ N M j ' w ^^^m 0 O Vl d -0 oO^tuON^ O - q) +to > O Q M a) M ta CZ a) a)x E ^ C] Q w Zs :3 -0 tt a -E ^ ^ >, C O E > Q5 a m ^ T) a)o.c a) r Z 0 0 ^ - (D E E a) M CL a) - (n (n N U E ^•^ a) p)^^ ^. Q Q V _ - - U ^ LO (r U J J C ca 0 Q O E 5 (^V)^ cc U x ^ > v oca aia0 ^m ~ = - oZf -0 M U) ¢ x U I.L (!) C-4 H L) ui w M J 0 F•Z J a. O U w 0 z U - v> -0 Q O^ '" C,^=^ r m U FU) ^ S' ... CLl >, C^ _ ^a^^^^ 0 W Qa. d O^ L _ E a -0 C O S' ^0 Fu N E 5 0 E C Q3 (6O ^ ^ p N O - N NO O L o^0 U W F0 W =5 Q p <.j M U < Z 0 Y O Q 0 = O 0 ^ ^ Y O 'O Q O ^ ^ cu 0 CZ 0 O 1`- cQ -C -0 Q > + 2E 0 J Z 0 x V ?^ ^ ^ Q O A C ^ - ^ ' C i C CL O)-o U ^ -O v LO ^ av ^ o ^ d' ¢ v c Y 0 O U) c N C) D ^ co U Q o >1 o C Z ^ Z m C c_ Qd E .v 0 cu Q a) CL CL o > U U ^ E C .^ M ~ E C6 0 U :E E ^ U ^ 70 E v u^ tn N N a) O^ O O -a ^ -0 Q c`a ^^ N L O (%j co N cu CO N J (n LL <L < N E M L) U -a 0) O aj Cu C C c6 >, Oto "= O Z p^ ^^^ O Ur v o '•-• r- Q E otS o^.^ ^o ^ ^(^ >Q C ^ o^ Q Q ^ c 0 > CL ^0cmM ^ O t0 Q. E 0 0) O tn ^ 0 O r O E^ = p) ^ O >(ll to O !V d' O N r'O N »-. L3.1 E CD ^ 0 o_ Z ^ ^ CD ^ Q Ct3 ^ O y-+ a N 2 -^-^ U ^ C6 .' D M^J' W o s^ a) cu Q. W x U (^ E 0 U H cz U) CL U co N a) ce) 10 O N W U c6 cu t^6 Z ^ cn U) Q ^ cz "= 0) C: p Z O 01 ° M> }-- o a. c^a cn W z c > F- a c O C } ^a._ ^ o E a C14 N C N CL w0-0 C: W V _ -a vU 5; W OZ cn ti ^ ^ a^ (/^ W F- J ^ U E i Q C o U O ^"^ K:w ,^. K y^ A P G E Energy Solutions Syed Enterprises LLC 2802 Garth Rd, Baytown, TX, 77521-3900 August 12, 2014 Valued Customer, Thank you for your patience in regards to your request. With this letter, we are providing you with the Payment Arrangement Form. Please sign and date and send back to us as soon as possible via fax or email. If you should have any further questions about this account, or if we can be of further service to you, please call us at 1.877.LIGHT.57 (1.877.544.4857), and a representative will be happy to assist you. When you call, please have your account number available in order to expedite your request. Thank you for your time. You will find that connecting with AP G&E Energy Solutions is one of the best choices you've made. We appreciate the opportunity to serve you. 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I called Erick Flores rep phone 832-785-6034 and ask him to cancel contract but he said its very good and I would be saving thousans of dollars. Later I realize its not the contract I was told There is some retail adder which is not even fixed? Currently I am with Hudson energy and paying 0.074 kwh flat rate this contract will be expiring in Oct 2014. I wanted to go for some better contract where I can save on energy but unfortunately I was traped When I called the company and told them why they not explain to me about retail adder or give me some time to discuss with owner. Amanda Serna phone 713-899-9035 rep came to my office and after lot of discussion she said she would give me 0.073% which is same as Hudson and I Was waiting long time to get out of it to get better quote. I wanted to change Hudson to get better quote Please help me o cancel this contract Thanks Shazana Begum 713-240-3685 [email protected] 3 SYED ENTER PRISES INC 2803 GARTH ROAD BAYTOWN TX 77521 03-1982014 Attn Shazad id 2163 Fax 888-456-2085 from shazana ph 877-544-4853 CT6 6- ^^i-^-tc,^^ OLe SUB: CANCELLATION -1 (S- S4 4- ^(1.^ - 0 1^qtl We are requesting to cancel the attached contract ^SAP Shazana 7,-, 24„ .,685 L ^`C^tC/^,t4,tcS- 2 5 ^ / too 3 fR O l:] I n O N 0 ^•- v ^..., 0 0 ti LL ..._..., ^, ED o o -^--^ z tz, vs a S' z = o ^:S ,^ °ry o m o ^ O o .. c' m a Y rf { f f f f C o ` I v _ C ^J JVV^'•^^`` ; ^II\_3 j ^ t^ N I «^. S f ^y t O Z v ^{ Z v Oi O O O O m0 O O O 00 m O O E F o. O O O O e-+ G 4% d m E t v < ^ H c a c V (. n K c r- , ^^ ^^ y, c:oLc; u1 aii Lift-, N, i[;C U1Gt l,ustomer optalns under any agreement to provide replacement energy at each Customer Location during the term that would have remained if Customer had not defaulted. 5. Dispute Resolution In the event of a billing dispute, the customer should contact APG&E by telephone at 1-877-544-4857. For any disagreement involving any essential element of this Agreement. the parties will use their best efforts to resolve the dispute Customer should contact APG&E in writing at 6161 Savoy Drive. Suite 500. Houston, Texas 77036, or by telephone 1-877-544-4857. You may call the Public Utility Commission if you are not satisfied after discussing your terms with APG&E. Customer may also contact the Commission at 1-888-782-8477, or 512-936-7120, or by writing to the Commission at: PUCT, Customer Protection Division; P.O. Box 13326, Austin, TX 78711-3326 or [email protected]. tx us . We, at AP Gas & Electric (TX). LLC dba APG&E. are licensed by th e Texas Public Utility Commission to offer and supply electric generatio n services in Texas. Our PUC license number is 10105. We set th e generation prices and charges that you pay. The Public Utilit y Commission regulates distribution prices and services. The following i s your Sales Agreement Disclosure and Terms of Service Agreemen t ("Agreement") with APG&E for the purchase of electricity. Please retai n this Agreement for your records 6. Measurement The parties accept for purposes of accounting for 1. Agreement to Purchase Energy Customer hereby appoints APG&E ele^tricity supplied under this Agreement, the quantity, quality. and as its limited agent for the purpose of acquiring the supplies necessary to measurement determined by the EDC. meet its electricity needs, arranging, contracting for and administering 7. Title and Risk of Loss Title to. possession of and risk of loss to the transmission and related services over intrastate facilities and those of the Commodity will pass to Customer at the Delivery Point. Texas Distribution and Service Providers and/or Electric Distribution 8. Billing and Payment Unless otherwise agreed to in writing, APG&E Companies ("EDC) needed to deliver electricity to the CustomerCustomer's will invoice monthly for electricity supplied under this Agreement. That premises. These services are provided on an arm's length basis and invoice will contain, among other charges, APG&E's Electric Generation market-based compensation is included. APG&E agrees to sell and Service Charge for the amount of electricity you used during the billing deliver and Customer agrees to purchase and accept the quantity of cycle. That amount will be measured or estimated by the EDC. Your electricity necessary to meet Customer's requirements based upon payment will be due to APG&E by the date specified on the bill. If you fail consumption data obtained by APG&E or the delivery schedule of the to pay it on time, you could be subject to interest and late charges EDC. imposed by APG&E. and your service could be disconnected. 2. Term The term shall commence as of the date the change of provider 9. Default Liability FOR BREACH OF ANY PROVISION OF THIS to APG&E is deemed effective by the EDC and shall continue thereafter AGREEMENT FOR WHICH AN EXPRESS REMEDY IS PROVIDED, for the number of monthly billing cycles set forth in the agreed Schedule A SUCH EXPRESS REMEDY SHALL BE THE SOLE AND EXCLUSIVE ("Initial Term"). After the Initial Term. service shall continue on a billing REMEDY. THE BREACHING PARTY'S LIABILITY SHALL BE LIMITED cycle-to-billing cycle basis at a variable market rate reasonably AS SET FORTH IN SUCH PROVISION AND ALL OTHER DAMAGES AT determined by APG&E. until cancellation either by Customer or APG&E LAW OR IN EQUITY SHALL NOT APPLY IF NO EXPRESS REMEDY IS 3. Price APG&E's rate for commercial customers are set forth in Schedule PROVIDED, APG&E'S LIABILITY SHALL BE LIMITED TO DIRECT A. There is no charge for electronic formatted bills or electronic payment. ACTUAL DAMAGES ONLY (WHICH WILL NOT EXCEED THE AMOUNT You shall be entitled to request one time per year copies of your billing OF CUSTOMER'S SINGLE LARGEST MONTHLY INVOICE DURING records and any additional requests shall result in a fee of $5.00 per bill THE PRECEDING TWELVE MONTHS). SUCH DIRECT ACTUAL period requested. If applicable. depending on your credit, APG&E may DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL require a deposit which sum shall not exceed an amount greater of either OTHER REMEDIES AT LAW OR IN EQUITY ARE HEREBY WAIVED. IN two months; or one sixth or the estimated annual billing. Deposits held NO EVENT SHALL CUSTOMER OR APG&E BE LIABLE FOR ANY more than 30 days will accrue interest from the date of receipt at the PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, annual rate established by the PUCT. Accrued interest will be applied THIRD-PARTY CLAIMS OR OTHER DAMAGES WHETHER BASED ON annually to your account. Upon cancellation of service. APG&E will apply CONTRACT, WARRANTY TORT. NEGLIGENCE, STRICT LIABILITY the deposit plus accrued interest against your outstanding balance on OR OTHERWISE, OR FOR LOST PROFITS ARISING FROM A BREACH your final bill. OF THIS AGREEMENT. 4. Cancellation If you cancel this Agreement for any reason before the 10. Contact Information Customer may contact APG&E's Customer end of the initial term you will be assessed by APG&E an early Care Team at 1-877-544-4857. Monday through Thursday 8:00 AM - 7:00 cancellation fee that is the greater of (i) the average of two monthly bills or PM Central Standard Time, Friday 8:00 AM - 5:00 PM Central Standard (ii) all remaining Estimated Customer Location Energy Volume through the Time. and Saturday 9:00 AM - 1.00 PM Central Standard Time (hours of end of the Term multiplied by the positive difference if any. between the operation are subject to change), or write to APG&E at: Energy Charge minus current Market Based Price for the aggregate load 6161 Savoy Drive, Suite 500. Houston. TX 77036. of all Customer Location(s) ("Early Termination Fee"), whichever is higher, 11. Governing Law Venue for any lawsuit brought to enforce any term or plus an amount equal to $.002 per kWh of the Remaining Volume condition of this agreement or to construe the terms hereof shall be ("Default Fee"). which represents the Parties' estimated amount of exclusively in the State of Texas. This Agreement shall be construed transaction costs to APG&E associated with the Customer's default, which under and shall be governed by the laws of the State of Texas. If at some are not reasonably able to be discerned, and which amount is not a future date there is a change in any law, rule. regulation or pricing penalty for such default. The Early Termination Fee and Default Fee shall structure, or there is a regulatory or judicial ruling or decision which shall be immediately due and payable by Customer APG&E within (5) calendar have a detrimental economic impact upon APG&E's performance under days following such default. The "Market Based Price" shall mean a this Agreement, or in the event that compliance with such change, ruling market price. determined by APG&E. in a commercially reasonable or decision shall result in a material change in the way prices are manner. for the aggregate load of all Customer Location(s) for the calculated under this Agreement, or a material change in the level of Estimated Customer Location Energy Volume over the term that would components of pricing under this Agreement, or APG&E is otherwise have remained if Customer had not defaulted. but in no event shall such prevented. prohibited or frustrated from carrying out this Agreement, Page 4 of 31 APG&E TX Disclosure & Terms APG&E I Customer days' notice, Each Party waives its right to -a jury trial regarding any litigation arising from this Agreement. -1,- v uuyo N^iul W11=11 lwuce to uustomer witnout penalty or early termination fee or Early Termination Damages. 12. Execution APG&E has the right to rescind the Agreement, without 17. Force Majeure The term "Force Majeure" shall mean any cause not reasonably within the control of the Party claiming suspension and which charge, penalty or liability. under one or more of the following conditions. (i) The stated energy charge was not authorized (ii) There is a prior by the exercise of due diligence, such Party is unable to prevent or overcome, including but not limited to, any act or cause which is deemed Agreement between the parties for the stated term and ESI ID a Force Majeure by the EDC or any transportation or transmitting entity. If 13. Assignment Customer may only assign this Agreement, in whole or in either party is unable. wholly or in part, by Force Majeure to perform or part or any of its rights or obligations hereunder with prior written consent comply with any obligations or conditions of this Agreement, such party of APG&E. APG&E may, without Customer's consent: (a) transfer, sell, shall give immediate written notice. to the maximum extent practicable, to pledge. encumber or assign this Agreement or the accounts, revenues or the other party. Such obligations or conditions, so far as they are affected proceeds hereof in connection with any financing or other financial by such Force Majeure. shall be suspended during the continuance of any agreement: (b) transfer or assign this Agreement to an Retail Electric inability so caused. and such party shall be relieved of liability and shall Provider (REP) affiliate of APG&E; (c) transfer or assign this Agreement to suffer no prejudice for failure to perform the same during the period. The any REP succeeding to all or substantially all of the assets of APG&E: and/or (d) transfer or assign this Agreement to another approved REP or party claiming suspension of obligations must in good faith attempt to mitigate and/or terminate the Force Majeure. other entity authorized by the DPS. Upon any such assignment, Customer 18. Taxes and Laws Except as otherwise provided in this Agreement or agrees that APG&E shall have no further obligations hereunder:- by law, all -taxes of whatsoever- kind, nature and description. due and 14. Severability If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or payable with respect to Customer's performance of its obligations under unenforceable. the remaining provisions shall continue in full force without this Agreement. shall be paid by Customer. The parties' obligations under this Agreement are subject to present and future legislation, orders, rules, being invalidated in any way. or regulations of a duly constituted governmental authority having 15. Delay or Failure to Exercise Rights No partial performance, delay or jurisdiction over this Agreement or the services to be provided herein. failure on the part of APG&E in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such 19. Independent Broker/Agent. Customer further understands that he/she/company may be working with an independent agent that is not an rights or of any other rights hereunder. employee of APG&E and is not granted any right or authority or 16. Representations and Warranties. Each Party represents to the other responsibility expressed, implied or apparent on behalf of or in the name that: (a) validly exists and in good standing in the jurisdiction of its of APG&E to bind or act on behalf of APG&E. formation: (b) it has not filed, does not plan to file. or had any bankruptcy 20. Entire Agreement. This Agreement sets forth the entire agreement proceeding filed against it: (c) execution of this Agreement has been duly between the parties with respect to the terms and conditions of this authorized and is a valid and enforceable obligation. In addition, Customer transaction: any and all other agreements, understandings and represents to APG&E during the Term that: (a) it is not a residential representations by and between the parties with respect to the matters customer: (b) the expected consumption of electricity is greater than 50 addressed herein are superseded by this Agreement. KW per month: (c) it will immediately notify APG&E of any change in its 21. Acceptance and Amendments. This Agreement shall not become ownership; (d) it intends to operate its business in substantially the same effective until accepted by APG&E. APG&E reserves the right to reject manner as it has in the previous 12 months and that the Contract Customer or to cancel this Agreement upon failure of Customer to Quantities and Current PLC Values reflected in Schedule A reasonably maintain satisfactory credit standing as determined by APG&E. or to meet reflect Customer's anticipated consumption, (e) execution of this ninimum or maximum threshold consumption levels as determined by Agreement initiates enrollment and service for the term of contract; (f) no communication. written or oral, received from the APG&E will be deemed cAPG&E. APG&E may amend the terms of this Agreement at any time, onsistent with any applicable law, rule or regulation, by providing notice to be an assurance or guarantee as to any results expected from this to Customer of such amendment at least thirty (30) days prior to the Agreement: (g) if it is executing this Agreement in its capacity as an agent. effective date thereof. such Party, represents and warrants that it has the authority to bind the 2 2. Emergency Service. In the event of an electric outage, service principal to all the provisions contained herein and agrees to the provide documentation of such agency relationship, and (h)(i) Customer will in terruption or other emergency. Customer should immediately contact provide, to APG&E, information reasonably required to substantiate its th eir local electric distribution company in the specified area. To report a usage requirements, including information regarding its business, se rvice outage. contact APG&E at 1-877-LIGHT-57 (1-877-544-4857), 24 locations, meter/account numbers, historical/projected usage, time of use, ho urs a day. 7 days a week, or by calling your local TDSP Utility: ONCOR hours of operations. utility rate classes. agreements. schedules. which in El ectric Delivery - (888) 313-4747; CenterPaint - (800) 332-7143 or substantial part from the basis for the calculation of charges for the (7 13) 207-2222: AEP-CPL/WTtJ - (866) 223-8508; or TNMP - (888) 866transactions hereunder; (ii) acceptance of this Agreement constitutes an 74 56 authorization for release of such usage information: (iii) Customer will assist APG&E in taking all actions necessary to effectuate this Agreement, 23 Parties Bound. This Agreement is binding upon the parties hereto including, if requested, executing an authorization form permitting APG&E an d their respective successors and legal assigns. There are no unwritten to obtain its usage information from third parties; and (iv) the usage or al agreements between the parties. Please refer to the Sale Agreement information provided is true and accurate as of the date furnished and as D^ sclosure & Terms of Service for all applicable terms and conditions. of the effective date of the Agreement. if a Material Change occurs, in addition to any other remedies set forth herein. APG&E reserves the right to pass through to Customer any additional cost related to the Material Change. If Customer does not accept the change in cost as the result of the Material Change. then such failure shall constitute an Event of Default, and APG&E may terminate this Agreement as to the affected Account(s) Page 2 of 31 APG&E TX Disclosure & Terms APG&E Customer IN WITNESS WHEREOF. this Sales Agreement Disclosure and Terms of Service is entered into and effective as of the date written below CUSTOMER 0 APG&E By: By: _ Name: Name: Title: Title: Date. ^ Page 3 o^ 3J APG&E TX Disclosure & Terms APG&E I Customer ` r 1 I N f f ! p ^ o^ •n N ^ U! Y t o rn E ^e oi ioi ^$ IW!^.i t J!cl^! W ! I xl ^ l r ='r^m^ `^I^-! _1 P L r pa f r '• t p « Z l^iOi^l f f a i j y ? I 5 ^ i 4 2 c'^ ry m g ^ a 4 ^ u+ N a ° a a W ... j •f I'.'+ e ^ f ° 'd t f ! F u _ c a c S S! _ v W j ^ i ^ y v O `o W Q I ' o O t ( ^ 0 C ~ Z ! INI ! •' w p,G^inly; d ' 4 o m c L g, o v p W ^ y a Q y _o -' o a I c v E p c ^ mm o • ^ ^ o a, a u ^ O ^ i h u b ^ f i I c 00 ^-N D L .^. 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C' C 1^ ^ c ' ¢ o ^e N Y 1 a ry e v s m-c°r c a dtf G` 2 a c 3 - . m f 0 - EF.N:<_cycn y _ r' c i C ^- °u o d u •? Z ^ ( t O E3 Ol ^7 u, ^ F C N .^.. ` P ati O m w vr p g O v ^i C C Z 3' ._ u H N :J 6 J C v°f z ° m ^" u+i f w ^n:. az 2° a o ^ ^ 2 E d n^ V N H N m m - O d L Q d N a s N o a ` s 0 Q 0 q ^ u } C u v t X it C C u q' _C^ 2 y v ry E c v v L -. r. ti L L F 'S u l 4f'EWO14 ( 3355 unread) - abcbv,m - Yahoo Mail , . , . ^ ElAhmed ^ i_Q;'"UpoSe Inbox (39S5) Deiete b move Spa,., cancellation (4) Drafts (100) Sent Me Amanda ^inc!p contract r« vrz .ato<n *rra, ? Itar'F.> shazan Spam (37) Trash (22) > Folders (1) Me An;u,da ke"sd y cn; a r. r.r, t: a t: ^a cet-aY;srz todap' than^ t^ >s, Amanda Sema Yes, 'et .^e ^ct rrr "=-na5 car c.'sEstz ;< fee. <; ar a > Recent Amanda Seffia Sponsored To Me QeditCardscom The Best Balance Transfer Credit Cards Are Here After our last meeting regarding your agreement your decision was to cancel this agreement. Your charge for terminating this agreement that you agreed to is $52,I53J20. APGE will be sending you an invoice for that amount. I really wish we could have come to a solution like we did in person. I thoroughly explained the product that you agreed to and gave you some other options as well. k., If you have any questaons, feet free to contact me. Amanda Serna R ^ ' ^.^► =-' M` Real Energy Soi u':; ons Ph:. 713-964-90761 Ce::i. 713-899-91335 i Far:. 713-864-7362 Ert'.ar#: Yahoo: r]tna^,Sla 5>?=';'3a > Re#>ty, Reply All or Forward I More https:'/us-rFv.J.rriBtl.jehoo.GtkTVneE?4alGiL'h?.rand=fgfu07ritol$93367241 '! t 1 _ 01l3112014 12:21 2814201372 REFLECTION PRINTING co 0 Ir ^. a S ^'12f L 3+ y ^+ a m Q x^ ^ L 3 +Y } v tJy^ ^§F ~ O G , G ^ o = c E " w z tS a U r Y ^ N k' ^ ^ 2 b Y a ^ Ul Z Y^. u 4 , + 4 y cr) y «^ !^i y,^ ^ a 6 ua 'a 4 m ^ p C7 ^C+ ^^ a k F M *y a0 co o N 4 CD ^ 7} 00 p Y 6 ? ro ti t ^ a ^ u E : PAGE 03 . O ^ ,:.^ . . . EXHIBIT B CUSTOMER RIDER REAL TIME INDEX PLUS RETAIL ADDER PLAN DISCLOSURE This Real Time Index Plus Adder Disclosure (the "Disclosure") is made a part of and pursuant to terms of the Schedule A and/or Texas Enrollment Authorization - Real Time Index Rate Plus Retail Adder Plan Agreement and/or Terms and Conditions (collectively the "Agreement) executed on or about day of ( -& j ,?p i^1 , between AP Gas & Electric (TX). LLC dba APG&E dba AP Gas & Electric ("Seller") and Buyer/Customer identified herein. This Disclosure describes the features of the electricity product you have chosen: Customer acknowledges that power is priced at the index of the regional transmission organization or independent system operator, either Day Ahead or Real Time prices plus the Retail Adder. Customer further acknowledges that this product is NOT A FIXED PRICE and may be subject to volatility. Seller makes NO CLAIM OR WARRANTY of the resulting final price. By signing below, Customer acknowledges it has reviewed and understands the ternis of this Disclosure. Buyer/Customer: By: / Name: Title: Date: -Y\ ,._, ,,.,01731/2014 12:21 2814201372 APG&E shaA have the right to cancel this Agreement upon fifteen (15) days' notice, Each Party waives its right to a jury trial regarding any litigation arising from this Agreement. 12. Execution APG&E has the right to rescind the Agreement, withou t charge, penalty or liability, under one or more of the following conditions: (i) The stated energy charge was not authorized. (ii) There is a prior Agreement between the parties for the stated term and ES) ID. REFLECTION PRINTING upon 30 days prior written notice to L.ustu^i,c, wn^,^us F PAC.^E^ ^^ , termination fee or Early Termination Damages. 17. Force Majeure The term "Force Majeure" shall mean any cause not reasonably within the control of the Party claiming suspension and which by the exercise of due diligence, such Party is unable to prevent or overcome: including but not limited to, any act or cause which is deemed a Force Majeure by the EDC or any transportation or transmitting entity. If 13. Assignment Customer may only assign this Agreement, in whole or in either party is unable, wholly or in part, by Force Majeure to perform or part, or any of its rights or obligations hereunder with prior written consen t comply with any obligations or conditions of this Agreement, such party of APG&E, APG&E may, without Customer's consent; (a) transfer, sell , shall give immediate written notice, to the maximum extent practicable, to pledge, encumber or assign this Agreement or the accounts, revenues o r the other party. Such obligations or conditions, so far as they are affected proceeds hereof in connection with any financing or other financia I by such Force Majeure, shall be suspended during the continuance of any agreement; (b) transfer or assign this Agreement to an Retail Electric inability so caused, and such party shall be relieved of liability and shall Provider (REP) affiliate of APG&E; (c) transfer or assign this Agreement to suffer no prejudice for failure to perform the same during the period. The any REP succeeding to all or substantially all of the assets of APG&E arty ; p claiming suspension of obligations must in good faith attempt to and/or (d) transfer or assign this Agreement to another approved REP or mitigate and/or terminate the Force Majeure. other entity authorized by the DPS. Upon any such assignment, Custom Customer 18, Taxes and Laws Except as otherwise provided in this Agreement or agrees that APG&E shall have no further obligations hereunder. by law, all taxes of whatsoever kind, nature and description, due and 14. Severability if any provision of this Agreement is held by a court or payable with respect to Customer's performance of its obligations under regulatory agency of competent jurisdiction to be invalid, void or this Agreement, shall be paid by Customer. The parties' obiiga#ions under unenforceable, the remaining provisions shall continue in full force without this Agreement are subject to present and future legislation, orders, rules, being invalidated in any way. or regulations of a duly constituted governmental authority having 15. Delay or Failure to Exercise Rights No partial performance, delay or jurisdiction over this Agreement or the services to be provided herein. failure on the part of APG&E in exercising any rights under this Agreement 19. Independent Broker/Agent. Customer further understands that and no partial or single exercise thereof shall constitute a waiver of such helshetcompeny may be working with an independent agent that is not an rights or of any other rights hereunder. employee of APG&E and is not granted any right or authority or 16. Reptesentations and Warranties. Each Party represents to the other responsibility expressed, implied or apparent on behalf of or in the name that: (a) validly exists and in good standing in the jurisdiction of its of APG&E to bind or act on behalf of APG&E. formation; (b) it has not filed, does not plan to file, or had any bankruptcy 20. Entire Agreement This Agreement sets forth the entire agreement proceeding filed against it; (c) execution of this Agreement has been duly between the parties with respect to the terms and conditions of this authorized and is a valid and enforceable obligation, In addition, Customer transaction; any and all other agreements, understandings and represents to APG&E during the Term that (a) it is not a residential representations by and between the parties with respect to the matters customer; (b) the expected consumption of electricity is greater than 50 addressed herein are superseded by this Agreement. KW per month; (c) it will immediately notify APG&E of any change in its 21. Acceptance and Amendments. This Agreement shall not become ownership; (d) it intends to operate its business in substantially the same effective until accepted by APG&E. APG&E reserves the right to reject manner as it has in the previous 12 months and that the Contract Customer or to cancel this Agreement upon failure of Customer to Quantities and Current PLC Values reflected in Schedule A reasonably maintain satisfactory credit standing as determined by A13GRE, or to meet reflect Customer's anticipated consumption; (e) execution of this minimum or maximum threshold consumption levels as determined by Agreement initiates enrollment and service for the term of contract; (f) no APG&E. APG&E may amend the terms of this Agreement at any time, communication, written or oral, received from the APG&E will be deemed consistent with any applicable law. rule or regulation, by providing notice to be an assurance or guarantee as to any results expected from this to Customer of such amendment at least thirty (30) days prior to the Agreement; (g) if it is executing this Agreement in its capacity as an agent, effective date thereof. such Party, represents and warrants that it has the authority to bind the principal to all the provisions contained herein and agrees to the provide 22. Emergency Service. in the event of an electric outage, service documentation of such agency relationship, and (h)(i) Customer will interruption or other emergency, Customer should immediately contact provide, to APG&E, information reasonably required to substantiate its their local electric distribution company in the specified area. To report a usage requirements, including information regarding its business, service outage, contact APG&E at 1-877-LIGHT-57 (1-877-544-4857), 24 locations, meter/account numbers, historical/projected usage, time of use, hours a day, 7 days a week, or by calling your local TDSP Utility: ONCgR hours of operations, utility rate classes, agreements, schedules, which in Electric Delivery "(88S) 313-4747; Center Poirrt -($d0) 332-7143 or substantial part from the basis for the calculation of charges for the (713) 207-2222, AEP-CPt..1U1tTU -(866) 223-8508; or TNMP -(888) 868transactions hereunder; (n) acceptance of this Agreement constitutes an 7456 authorization for release of such usage information; (iii) Customer will assist APG&E in taking all actions necessary to effectuate this Agreement, 23, Parties Bound. This Agreement is binding upon the parties hereto including, if requested, executing an authorization form permitting APG&E and their respective successors and legal assigns. There are no unwritten to obtain its usage information from third parties; and (iv) the usage oral agreements between the parties, Please refer to the Sale Agreement information provided is true and accurate as of the date furnished and as Disclosure & Terms of Service for all applicable terms and conditions. of the effective date of the Agreement, If a Material Change occurs, in addition to any other remedies set forth herein, APG&E reserves the right to pass through to customer any additional cost related to the Material Change, If Customer does not accept the change in cost as the result of the Material Change, then such failure shall constitute an Event of Default, and APG&E may terminate this Agreement as to the affected Account(s) Page 2 of 31 APG8^6 TX Disclosure & Terms APG&E_ I Gustomer 01f31l2014 12:21 2814201372 REFLECTION PRINTING PAGE IN WITNESS WHEREOF, this Sales Agreement Disclosure and Terms of Service is entered into and effeC5ve as of the date written below CUSTOMER APG&E By: _ By;_ SYED JNTEBEJ31,9^Q I I Name: Name: _ Title: Ti#le: _ Date; Page 3 of 31 APG&E TX Disclosure & Teyms APW i Customer ^ 06 01/31/2014 12;21 2814201372 REFLECTION PRINTING PAGE ^^.^ =nnqy5ok^^` EXH.IRIT S CUSTOMER RIDER REAL TIME INDEX PLUS RETAIL ADDER PLAN DISCLOSURE This Real Time jndex. Plus Adder Disclosure (the "Disclosure'r) is made a part of and pursuant to tet'tns of the Schedule A and/or Texas Enrollment Amhorizat%an --Rcat Time Index Rate Plus Retail Adder flan Agreement and/or Terms and Conditions (collectively the "Agreement) executed on or about 31 day of Januanr 20 1(1_, between AP Gas & Electric (TX). LLC dba :1.PG&E dba AP Gas & Electric (°°Seller") and Buyer/Customer identified herein. This Disclosure describes the features of the electricity product you have cbosen: Customer acknowledges that power is priced at the index of the regional transmission organization or independent system operator, either Day Ahead or Real Time prices plus the Retail Adder. Customer further acknowledges that this product is NOT A T7UD PRICE and may be subject to volatility. Seller makes NO CLAIM OR WARRANTY of the resulting final price. By signin^ below, Customer acknowledges it has reviewed and understands the terms of this Disclosure, BuyerlCustoIlner: Syr=12 ENTERPRISESij C A^ Name: ritle. Date: ----Office Ma t r ^` 07 It rn M 0 o C.0 CO N w^^y {i •}- _ J C - ^ z co p • N x ^ . Ll. O vo 6 - r ?^ : O co N = ^ s - Lo ce CO _ Ul r M ci. PUCTX Online Complaint CP2 0 1404094 1 Public Utility Commission Of Texas ^ 1701 N. Congress Avenue P.O. Box 13326 ! Austin, Texas 78711-3326 (888) 782-8477 www.puc.texas.gov Etectric Complaint Form 'Date: 4/23/2014 12t11:44 PN Complaint No: CP2014040941 Account Holder, shazana begum Alternate Contact: shazana begum (self) E-mail Address: [email protected] Service Address. 2802 garth rd 109 Mailing Address: baytown TX 77521 Harris County Day Phone-. (713) 240-3685 Evening Phone. (713) 240-3685 Complaint Against: SYED ENTERPRISES INC Complaint Type: Discontinuance Service Phone: Account No: 1008901023812454370102 complaint Fnformation: I HAVE COMPALIN AGAINST AP G&E FOR FRAUD IN CONTRACT , I WAS TOLD THAT I AM GETING 5.1% DURING WEEK DAYS AND WEEKEND 2.9% AND NEVER EXPLAIN TO ME REATIL ADDER FLEXIBLE COULD BE ANY NUMBER WHICH IS VERY RISKEY. I CALLED JUST AFTER CONTRACT 2ND DAY AND TOLD ERIK REP PH 832-785-6034 TO CANCELL CONTRACT AS I AM NOT FEELING COMFORTABLE IHE DID EVERYTHING IN SUCH RUSH WHICH MADE ME SUSPICIOUS BUT HE SAID HE CAN COME TO MY OFFICE ITS VERY GOOD PRODUCT AND I WOULD BE SAVINF THOUSAND OF DOLLAR FROM .074% TO.051% YES I THOUGHT HE IS RIGHT. LATER I FOUND OUT ABOUR RETAIL ADDER I CALLED AP G&E AND TOLD THEM ITS FRAUD YOU MUST EXPLAIN TO ME EVERYTHING OR AT LEAST GIVE ME SOME TIME YOUR REP DID THIS CONTRACT WITHuUT EXPLAING ME THIS RETAIL ADDER WHICH IS WORST THAN WHAT I AM CURRENTLY GETTING FROM HUDSON ENERGY.074% NO HIDDEN CHARGES. AMANDA SERNA PH 713-899-9035 CAME TO MY OFFICE AND AFTER LOT OF DISCUSSION SHE SAID SHE COULD DO IT.0734% FIXED BUT ITS STILL NOT GOOD SAME AS HUDSON ENERGY WHICH I WAS WAITING TO COMPLETE CONTRACT IN OCT 2014 TO GET BETTER RATE. PLEASE HELP ME TO GET RID OF THIS FRAUD PLEASE CALL AP G&E 877-544-4853 THANKS SHAZANA 713-2403685 Uploaded Files- File size Total: 0 Public Utdite Cummissinn ofTex:ve Page 11 1 Rick Perry Governor Donna L. Nelson Chairman Kenneth W. Anderson, Jr. Commissioner Brandy D. Marty Commissioner Brian H. Lloyd Public Utility Commission of Texas Executive Director Dear Utility Customer: You are receiving this letter in confirmation that the Customer Protection Division (CPD) of the Public Utility Commission has begun an investigation of your complaint regarding your utility company. The company is required to submit a formal response to the investigation within 21 days. Once we receive the response from the company, a CPD staff member will review the facts, the applicable PUC substantive rules, and notify you of the results. If you have any questions or need additional information, please contact the Public Utility Commission toll-free through our Customer Assistance Call Center at 1-888-7828477 and a staff member will be happy to assist you. You can also find valuable information on our website (www.puc.texas.gov) at anytime. As a public service to help Texans in understanding their utility bills, we have enclosed a fact sheet that helps explain the various charges included in your bill for telephone service and electric service ( in areas open to competition). The Public Utility Commission has additional fact sheets available for Texas utility customers covering topics such as: • • • • Texas "Do Not Call" Lists Slamming and Cramming Low-Income Assistance Programs and Services And more... Please call the Customer Assistance Call Center to request customer protection fact sheets, or view them online at www.puc.texas.gov/consumer/facts/Facts.aspx. Thank you, Customer Protection Division Public Utility Commission of Texas Printed on recycled paper An Equal Opportunity Employer 1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936-7000 Fax: 512/936-7003 web site: www.puc.state.tx.us PUCTX Online Complaint CP2014061266 Public Utility Commission Of Texas ' 1701 N. Congress Avenue V P.O. Box 13326 Austin, Texas 78711-3326 (888) 782-8477 www.puc.texas.gov Electric Complaint Form Date. 6/30/2014 1:34; 03 PM Corttpiaint No- CP2®14061265 Account Holden SHAZANA BEGUM E-mail Address: [email protected] Alternate Contact. (Empty) Service Address: SYED ENTERPRISES INC 2802 GARTH ROAD Mas"6issn, Address: BAYTOWN TX 77521 Harris County Day Phone: (713) 240-3685 Complaint Against: APG&E Service Phone; Evening Phone. (713) 240-3685 Complaint Type: Billing Account No: 1008901023812454370102 Complaint Information, I kept on e mailing and requesting about APG&E how they fraud with me I was just shoping around they told me its only 0.515 pkw and never explain me add on price i really want to cancel and pay pennalty but of no use they cheated me and i can not do business with such company despite many email phone cal i never get any response i want anser asap I want to get rate as i was traped for.051% nothing added as Eric rep told me he said he is from Hudson and he was not I called immediately and told them to cancell and now its almost six months please help me i am not authorize to do such contract and please help me APG&E never responded please help shazana Uploaded Files; File Totar: 0 Size 0 Public Utility Commission ofTexaa Page l / 1 PUCTX Online Complaint CP2014070302 Public Utility Commission Of Texas ^ 1701 N. Congress Avenue P.O. Box 13326 Austin, Texas 78711-3326 (888) 782-8477 www.puc.texas.gov Electric Complaint Form Date: 7j912014 2:45:19 PM Complaint No. CP2014070302 Account Holder: SHAZANA BEGUM E-mail Address, ABCT"[email protected] Service Address: SYED ENTERPRISES INC 2802 GARTH ROAD Alternate Contact: (Empty) Mailing Address: BAYTOWN TX 77521 Harris County Day Phone: (713) 240-3685 Evening Phone: (713) 240-3685 Complaint Against. APG&E Complaint Type: Billing Service Phone; Account No: 1008901023812454370102 Complaint Information: I have complaint against AP&G as they misrepresent and made me to sign a contract which is is a fraud rep told me its .052 week days and .029 weekend nothing about added index which is making energy so expensive beyond my budget I kept on requesting to cancel this contract I can not afford it its cheating I was aiting for my contract to be over with HUdson energy which is flat .074pkw AP&G rep told me it would be .051 and .0029 weekend yes it was a good deal but as i realized aboud index adder i called them they said its nothing i am not happy with that a=one rep came she offer me same rate .07399 which is same i am paying to Hudson so what is use of getting AG&G if they offer me .051 pkw as rep told Despite seveal requests and letters to PUC nothing happend i don't want to go with APG&E as they misrepresent misguide cheated I was told contract cancelled but i need in writing as i was cheated before can not trust APG&E please help me as its getting too much on my neves thanks shazana 713-240-3685 Uploaded FiN:.;: File Size Total: 0 Pnhhc Utility Commission ofTcxac Page I / I 5/19/2014 (4000 unread) - abctown - Yahoo Mail 13 Ahmed rumPublic Utility Commission Of Texas 1701 W. Congress Avenue P.O. Box 13326 Austin, Texas 78711-3326 (888)782-8477 www.puc.texas.gov ,(.FM ^ = More ^. M Collapse 4K begum Efed Compimint Na: CP2014050727 Accowrt Holden shazana begum E-mail address: [email protected] Service Addres>: 2802 garth rd 109 baytown TX 77521 Harris County ?014 11:3231 AM Day Phone; (713)240-3685 C^onqsiaint Against< APG&E servicePhonO: Complaint information: 1 file a complaint on behalf of SYED ENTERPRISES and got response dated 5/13/14 stating that APG& Please reconsider this decesion I as tolsd price we they never explaain to me adder yes i sign separe why niuld i sign such dangrous contrat as unprec price fixed but its not what i wanted i signrd with i if APG&E give me >051 pkw fixed as rep told me i nload v 'rNr^aG ^ ^ thanks shazana begum 713-240-3685 Upioadecf Ries., 5k Total: 0 RtMlc Uihq' C ,muw..nn nrT-. !!3. https://us-mg 5.mail.yahoo.com 3neoAaunch?.rand=emem70tpIt0ed#3830143675 1/1 (4655 unread) - abctown - Yahoo Mai I 817/2014 Home #+. <¢ ♦ 12 Delete % . ^mpose Inbux (4655) Q Move - ^y.f Snam ^ 0 More ^ Ahmed M Cd4apse All APGE electricity agreement- cancellation(2) Drafts (114) Sent Amanda Serna Spam (26) To Me Trash (29) Mrs. Shazana, Folders (1) Drafts (1) insurance policy > Recent ?. Sponsored % The Easy Loan Site A Smart Way to Pay Off Mortgage Quickly After countless meetings, emails, and phone calls, you have decided to terminate the agreement that you agreed to on 1/31/2014 with APGE. You have expressed that you felt mislead by our representative stating that you were to be paying 0.05136 during the week and 0.02995 on the weekend. As I explained to you during our meeting that took place on March 21, 2014, we discussed several options regarding the electrical needs of your business. After hours of thoroughly explaining the block + index product that you agreed to, you concluded that you preferred a fixed rate You and I both decided that if I could offer you the same rate of 0.07400 (your current rate with Hudson) you would convert to a fixed product A day later, you changed your mind and wanted to proceed with the cancellation of your agreement On March 26, 2014, 1 sent you an email stating that you would receiving an early termination charge for an estimated $52,163.00 for not fulfilling your agreement with APGE. This electricity has been pre-purchased you will be responsible for the early termination fee and any associated energy loss charges according to the contract that you signed. If you fail to pay these early termination charges, you and your business will be contacted by our legal counsel. I have also attached the verification call that was completed by you during the time this agreement was signed. The verification calls clearly discusses the terms and conditions of the agreement you signed. You confirmed that you knew this was not a fixed rate and that you understood this electricity product You also signed a "Real Time Index Retail Adder Plan Disclosure" that states that you are aware this is not a fixed price_ After your five claims to the Public Utility Commission, the state of Texas also agrees that you are liable for this agreement > Our regional manager would like to speak with you tomorrow in person in regard to your account. He wants to personally get all the details from you in regards to the entire transaction. He might be able to offer you a solution ttat I cannot. What time would be best for you? Amanda Serna R CE SS Real Energy Solutions Ph: 713-864-9076 1 Cell. 713-899-9035 1 Fax: 713-864-7362 Email: [email protected] Yahoo: amanda serna Syed Enterprises- ... mp3 0("v:")k'.at1 - Reply, Reply All or Forward I More Me To Amanda Serna Amanda please provide me the formula you use to calculate this amount last time you said it would be $27000.00 https://us-mg 5.mai I.yyahoo.corrdneo/launch?.rand=b0oh47p82bh6c#7954230120 1/1 8/7/2014 (4655 unread) - abctown - Yahoo Mail Home Ful % c..omaoce Inbox (4655) ^. ((,, .^ ^ Delete b Move .. 10 spar n , CC More •. - rdLapse A,( APGE electricity agreement- cancellation(2) Drafts (114) Sent Amanda Serna Mrs. S^azana. After ccurless Spam (26) Trash (29) Me Folders (1) To Amanda Serna Drafts (1) insurance policy > Recent Amanda please provide me the formula you use to calculate this amount last time you said it would be $27000.00 i can speak anytime shazana > Show ;-iessage history Reply, Reply Ail or Forward I More > .^i https://us-mg 5.mail.yahoo.com/neoAaunch?.rand=b0oh47p82bh6c#7954230120 Ahmed Donna L. Nelson Chairman Rick Perry Governor Kenneth W. Anderson, Jr. Commissioner Brandy D. Marty Commissioner Brian H. Lloyd Public Utility Commission of Texas Executive Director 8/27/2014 Ms Shazana Begum Syed Enterprises Inc 2802 Garth Road Baytown TX 77521 RE: Complaint # CP2014070302 Dear Ms Begum: It is unfortunate that the Customer Protection Division has been unable to resolve your complaint to your satisfaction through our informal complaint process. However, you have the option to file a formal complaint through the Public Utility Commission. An informational brochure explaining the formal complaint process is enclosed. You may also access this brochure at http://www.puc.texas.govlconsunzer/conaplaint/complaintb.pdf. We appreciate the opportunity to assist you. If you have any questions or concerns, please feel free to call toll-free at 1-888-782-8477. Sincerely, Customer Protection Division Public Utility Commission of Texas cc: APG&E enclosure Printed on recycled paper An Equal Opportunity Employer 1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936-7000 Fax: 512/936-7003 web site: www.puc.state.tx.us SYED ENTERPRISES INC, RE:CP2014070302 Account : Syed Enterprises Inc, Name shazana Begum Phone 713 240 3685 Complain against: APG&E Address 6161 Savoy Ste 500 Houston, TX 77036 PH 877-544-4857 FAX 888-456-2085 This is formal complaint against APG&E, there rep Eric Flores came to me and said he is from Hudson energy and verbly explain me that the energy rate would be .051pkw week days and weekend . 029pkw its really a good proposal for me, Eric insis to sign me without going through all papers afterward I realize about index adder fuctating from 2.9% to unlimted I got scared and I called Flores and he again misguided me and sent Donna L. Nelson Chairman Rick Perry Governor Kenneth W. Anderson, Jr. Commissioner Brandy D. Marty Commissioner Brian H. Lloyd Executive Director Public Utility Commission of Texas 8/5/2014 Ms Shazana Begum Syed Enterprises Inc 2802 Garth Road Baytown TX 77521 RE: Complaint # CP2014070302 Dear Ms Begum: The Customer Protection Division (CPD) has received your complaint filed against AP Gas & Electric LLC (APG&E). In your complaint you expressed concern regarding the invoicing of your account. You stated an enrollment was completed, selecting APG&E as your Retail Electric Provider (REP). APG&E advised the selected rate was 5.20 per kilowatt hour (kWh) for weekday usage and 2.90 for weekend usage. You stated APG&E failed to disclose the index adder. Though you have contacted APG&E and submitted a request to cancel service, APG&E has failed to provide confirmation of your request. With the information provided, CPD has contacted APG&E with a request to research your complaint and file their response to your concerns. Today, CPD has reviewed the company's response and determined the following. APG&E's records indicate complaint CP2014040966 was previously filed regarding your enrollment. CPD has provided a copy of our previous determination letter, for review. APG&E's records indicate an enrollment was completed on 01/31/2014 through a broker, Real Energy Solutions, selecting APG&E as your REP effective 10/2014. Based on the terms of the enrollment, service was to be provided under APG&E's Block Plus Real-Time Index plan. This plan included a fixed energy charge plus an indexed retail adder. APG&E's records also indicate an agent from Real Energy Solutions met with you to review the contract signed for your enrollment. APG&E has advised they are willing to convert the account to a fixed rate, to match the rate offered by your current Retail Electric Provider (REP). APG&E will assess an Early Termination Fee (ETF) if the enrollment is rescinded. ® Printed on recycled paper Opporiunity 1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936-7000 Fax: 512/936-7003 web site: www.puc state.txpuser Shazana Begum Tuesday, August 05, 2014 Page 2 CPD has completed our investigation regarding your complaint. We have reviewed the enrollment contract for service with APG&E and have determined in accordance with Substantive Rule §25.474 Selection of Retail Electric Provider (e) (4) (D), APG&E disclosed the pricing of your selected rate plan. The contract disclosed an indexed retail adder would be applied to your account. A separate disclosure was also signed, acknowledging the selected price was not a fixed rate plan. As a courtesy, APG&E has agreed to allow service to be switched to a fixed rate effective with the activation of your account. Substantive Rule §25..480 Bill Payment and Adjustments authorizes APG&E to assess an ETF if the switch to APG&E is canceled or service is canceled prior to the contract expiration date. Based on our investigation, CPD has determined that the actions of APG&E are consistent with Substantive Rule §25.474 Selection of Retail Electric Provider (e) (4) (D). APG&E's records indicate they contacted you on 07/01/2014, to confirm your request to cancel service. APG&E also noted you declined to switch to an alternate plan with APG&E. Per your request, APG&E has canceled the enrollment. APG&E advised a $27,064.60 ETF will be assessed to your account. CPD has completed our investigation regarding your complaint. We have determined APG&E has canceled your enrollment, per your request. As the cancellation was completed beyond the rescission period of three federal business days established by Substantive Rule §25.474 Selection of Retail Electric Provider (j), APG&E will assess a $27,064.60 ETF in accordance with Substantive Rule §25.480 Bill Payment and Adjustments. Based on our investigation, CPD has determined that the actions of APG&E are consistent with Substantive Rule §25.480 Bill Payment and Adjustments. Thank you for the opportunity to address your concerns. If we can assist you with future utility concerns, please contact us toll free through our Customer Assistance Call Center at 1-888-782-8477. Sincerely, Customer Protection Division Public Utility Commission of Texas cc: APG&E
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