These Terms & Conditions together with the online enrollment information and confirmation correspondence, and/or the telephone verification recording, collectively form the Agreement for receiving electric generation service between Lykins Energy Solutions (“Company" or "Lykins") and you (“you” or “Customer”). Lykins Energy Solutions is certified by the Public Utilities Commission of Ohio (“PUCO”) to offer and supply retail electric generation services in Ohio. As a Competitive Retail Electric Service (“CRES”) provider, Lykins will provide such retail electric generation services as required by your local Electric Distribution Utility (“EDU”) based on your usage. Your EDU is responsible for distributing and delivering the electricity to your property or properties in accordance with PUCO approved tariffs. Your EDU will continue to be responsible for reading your meter and responding to any emergencies, outages, or electric service related issues and will continue to bill you for all such tariffed services. Lykins will not be liable for any injury, loss, claim, expense, liability or damage resulting from failure by the EDU to perform its tariffed services or properly perform and / or timely process any Customer enrollments. Please keep a copy of this Agreement your records.
Definitions: “Competitive Retail Electric Service Provider” or “CRES” provider means an entity that sells electric generation service to retail customers in Ohio. “Generation Service” means the production of electricity. “Generation Related Charges” means those charges or costs associated with the production, procurement and supply of electricity. “Distribution Service” means the physical delivery of electricity to customers by the EDU.
Consent: By choosing to accept the electric supply offer from Lykins you understand and agree to the terms and conditions herein. You authorize Lykins to obtain information from your local EDU that includes, but is not limited to: billing history, payment history, historical and future electricity usage, meter readings, and characteristics of electricity service. Lykins reserves the right to determine if your credit standing is satisfactory before accepting your enrollment request.
Eligibility and Enrollment: Residential accounts that are on residential rate codes and are not enrolled in Percentage of Income Plan Program (PIPP) are eligible for this offer. Further, Lykins reserves the right to refuse enrollment to any customer with an outstanding electric bill balance. Participation in the electric choice program is subject to the rules and regulations of your EDU. These Terms and Conditions are subject to Customer acceptance into the choice program by both the Company and by your EDU. This agreement is not binding until such acceptance has been granted. Customer information submitted as part of the enrollment process must be accurate and verifiable. If Lykins determines that false, inaccurate or misleading information is or was provided by Customer during or subsequent to the enrollment process, Lykins may, in its sole discretion, terminate this Agreement upon fourteen (14) calendar days written notice. Upon receipt of complete, accurate and verifiable account information, Lykins will forward such information to the EDU initiating the enrollment process. Your EDU will send you a confirmation letter. You have the right to rescind enrollment within seven (7) calendar days following the postmark date of the confirmation letter by following the instructions contained in the letter. The EDU will give Customer a cancellation number confirming any cancellation of the contract during the Rescission Period. Customer’s right to rescind applies to initial enrollments not to renewal enrollments as detailed below. Your local utility provider will not send a confirmation notice upon a renewal of this Agreement.
Term of Service: Lykins agrees to act as your exclusive supplier of electric generation and generation related services. The term of this agreement shall begin, with Customer’s next available meter read date following: 1) the processing of your enrollment by Lykins and your EDU and 2) the expiration of the 7 day rescission period described above, and will expire according to the number of months as shown on the confirmation email (“Term”).
Renewals: Not less than 45 days nor more than 90 days before the expiration of the Term, you will receive a renewal notice delivered in form and manner consistent with then applicable law. If any terms or conditions in the renewal notice differ from the terms and conditions herein, those differences will be explained in detail. You have the option of accepting or declining the renewal offer by following the instructions found therein within seven (7) business days. If you do not respond to the renewal offer within the allotted seven (7) business days Lykins shall have the option (i) to terminate this Agreement in which case your account will automatically default to your EDU’s standard service offer, or (ii) auto-renew this Agreement on a month to month basis at the same terms and conditions, other than Term of Service, found herein. LYKINS WILL NOT AUTO-RENEW THIS AGREEMENT AT A HIGHER RATE.
Price: The rate per kilowatt-hour as shown on the confirmation email. This price includes Generation Service and Generation Related Charges. This offer rate is exclusive of all EDU related delivery charges including any applicable state & local taxes. If, due to a change in market conditions, Lykins wishes to lower your rate under this Agreement or any Renewal Agreement Lykins may do so without your affirmative consent provided there are no other changes to these Terms and Conditions.
Regulatory Changes: Changes to laws, regulations, rules, decisions, entries, findings, or orders governing the generation, transmission, or sale of electricity may be made by different entities including state agencies and regulatory bodies, federal regulatory bodies or Regional Transmission Organizations. Lykins has no control over such Regulatory Changes. If any Regulatory Change physically prevents or legally prohibits Lykins from performing under the terms of the Agreement Lykins can terminate the Agreement with fourteen (14) days written notice and without Penalty to either Party. If any Regulatory Change makes the Agreement uneconomic for Lykins, Customer agrees that Lykins may propose new contract terms to Customer. If Lykins proposes new contract terms in accordance with this clause, Lykins will provide written notice to the Customer that identifies the Regulatory Change(s), the new proposed contract terms, and when the new contract terms would take effect following customer’s acceptance. Customer will have 30 days from the date of the written notice to affirmatively accept or reject the new contract terms. If Customer does not affirmatively accept the new contract terms within 30 days of the written notice, this Agreement will terminate without Penalty to either Party, on the next available meter read date after the expiration of the 30 day notice period and processing by Lykins and the EDU. Customer will then automatically default to its EDU’s standard offer service.
Billing: Your local utility provider (EDU) will continue to send you a monthly bill that will include your EDU’s charges and Lykins’ charges for Generation Related Charges for the amount of electricity used during the billing cycle. The amount of electricity usage will be measured or estimated by the EDU. Customer agrees to pay in accordance with the EDU’s billing and payment terms. Your payment will be due to the EDU by the date specified in the EDU bill. If you fail to pay this bill on time, you could be subject to interest and late charges imposed by the EDU as well as disconnection of service. Customers with billing questions may contact their EDU or contact Company’s toll free customer service center at (800) 875-8820. Lykins reserves the right to issue an invoice directly and may terminate this agreement with 14 calendar days written notice for customer non-payment. You will remain responsible to pay Lykins for any electricity used before this Agreement is cancelled as well as any late payment charges. Lykins does not offer Budget Billing for its portion of Customer’s bills.
Penalties & Fees: Your local utility provider may charge a “Switching Fee” if you switch to another CRES provider. If you return to your EDU after switching to a CRES provider, you may or may not be served under the same rates, terms and conditions that apply to other customers served by the EDU.
Cancellation / Termination: Your EDU will send you a confirmation letter once you have been enrolled to receive Generation Service from Lykins. You may terminate this contract without penalty by following the instructions found in the EDU’s confirmation letter during the 7 day rescission as described above. You may terminate this Agreement or any renewal of this Agreement without penalty if you move to a service address outside of your existing EDU or to an area where Lykins charges a different price for electric supply by providing a thirty (30) day written notice prior to such move. At any other time, you may cancel this Agreement or any renewal of this Agreement by paying a cancellation fee of $10 multiplied by each month or partial month remaining in the Term or Renewal Term. If you move within the same EDU and continue receiving electric supply from Lykins, the cancellation fee will be waived. However, the cancellation fee will apply if Lykins terminates this agreement based on customer non-payment or the receipt of customer-provided false, inaccurate or misleading information. If this Agreement auto-renews on a month to month basis the cancellation fee will be waived.
Assignment: You shall not assign this Agreement or its rights hereunder without the prior written consent of Lykins. Lykins may, without your consent, assign this Agreement to another CRES provider, including any successor, in accordance with the rules and regulations of the PUCO.
Dispute Resolution: You should contact the EDU concerning a power outage or any other emergency. If you have a question related to this Agreement, please contact Lykins by phone Monday – Friday (except holidays) from 8am – 7pm toll free at (800) 875-8820 or in writing to Lykins Energy Solutions, Electricity Program, 5163 Wolfpen Pleasant Hill Rd, Milford OH 45150 Lykins will refer all complaints, written or verbal, to a knowledgeable customer service representative who will promptly respond and work toward a mutually satisfactory resolution. In the event customer’s question or complaint is not resolved after contacting Lykins and/or the local EDU, or for general Utility information, residential and business customers may contact the Public Utilities Commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from 8am – 5pm weekdays, or at www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service). The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from 8am – 5pm weekdays, or at www.pickocc.org.
Miscellaneous: You have the right to request from Lykins, twice within a 12-month period, up to 24 months of payment history, without charge. Lykins reserves the right to re-price or return to the local distribution utility provider any account(s) where the rate code or meter type is changed and/or the account is no longer eligible for this program. If the Fixed Rate needs to be re-priced for any reason, Lykins must first obtain your consent. You authorize, but do not obligate Lykins to exercise your government aggregation opt-out rights. Lykins is prohibited from disclosing a customer’s social security number or a customer’s account number(s) without the customer’s consent except for Lykins’ collections and credit reporting, participation in programs funded by the universal service fund pursuant to section 4928.52 of the Revised Code, or assigning a customer contract to another CRES provider. If Customer switches back to their EDU, they may or not be served under the same rates, terms, and conditions that apply to other customers served by the EDU.
Warranty and Force Majeure: Lykins warrants title and the right to all electricity sold hereunder. The warranties set forth in this paragraph are exclusive and are in lieu of all other warranties, whether statutory, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose or arising out of any course of dealing or purpose or usage of trade. Lykins will make commercially reasonable efforts to provide your electric service, but does not guarantee a continuous supply of electricity. Certain causes and events are out of the reasonable control of Lykins and may result in interruptions in service. Lykins is not liable for damages caused by acts of God, changes in laws, rules or regulations or other acts of any governmental authority (including the PUCO or RTO), accidents, strikes, labor troubles, required maintenance work, inability to access the EDU's system, nonperformance by the EDU or any other cause beyond Lykins' reasonable control.
Liabilities: Neither the Customer nor the Company shall assume liability or responsibility for any special, indirect, consequential or punitive damages for items associated with the failure of your local utility provider to perform its duties, including but not limited to operations and maintenance of their system or interruptions of service, termination of service, or from damages arising from structural damage as a result of negligence. Lykins makes no representations or warranties other than those expressly set forth in the Agreement.
Choice of Law: This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio without giving effect to any conflicts of law principles which otherwise might be applicable.
Recorded Conversations: Phone conversations between Lykins and Customer may be recorded to verify enrollment information including Price and may be used as evidence in any proceeding or action relating to this Agreement.
Environmental Disclosure: The environmental disclosure information is shown at our website: www.LykinsEnergy.com Customer agrees that Lykins may make its required environmental quarterly updates electronically at its website and will provide this information in hard copy form upon customer request.
Additional Information: For more information on Duke Energy or the CHOICE program, please visit the Public Utility Commission’s website at: www.puco.ohio.gov/ or the Office of the Ohio Consumers’ Counsel at www.pickocc.org/ For more information on Lykins Energy Solutions please visit our website at: www.Lykinsenergy.com
Emergency: If you experience a power outage you should immediately call your EDU.
Duke Energy Ohio: 1-800-544-6900
Dayton Power & Light: 1-800-433-8500
AEP Ohio: 1-800-672-2231
First Energy Ohio: 1-800-633-4766
Lykins Energy Solutions Residential Terms and Conditions Version 20170120