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Terms and Conditions

Energy’s Peak Power Savers Time of Use pricing options are voluntary rate options governed by the Residential Dynamic Pricing (RDP) and Residential Dynamic Pricing Rewards (RDPR) rates as approved by the Michigan Public Service Commission (“MPSC”) in Consumers Energy’s Rate Book for Electric Service and any applicable MPSC orders.

The programs are subject to the following terms and conditions:

ELIGIBILITY:

These rates are available to Full Service residential customers served on a residential rate and who have the required metering equipment and infrastructure installed. Customer eligibility to participate in this rate is determined solely by Consumers Energy (“Company”) and participating customers may be de-enrolled at any time at the Company’s discretion. The customer will be required to provide contact information needed to receive mandatory program communications, as described below.

ENROLLMENT & DE-ENROLLMENT:

After enrollment is requested, customers will be enrolled in the program at the start of the next billing cycle. Enrollment is voluntary; however, once enrolled you must commit to a minimum of 12 months.

ENERGY SAVINGS DAYS:

Participating customers agree to participate in Critical Peak Events called “Energy Savings Days”. Such events will be determined by the Company between June 1 st and September 30 th and energy consumption during these periods will be subject to different rates as outlined in the Rate Book for Electric Service.

Program Communications:

Customer agrees to receive mandatory program communications and to provide and maintain valid contact information for such communications. Customer accepts responsibility for the receipt of these communications and for any increased energy charges resulting from failure to receive them. By enrolling, customer accepts Consumers Energy’s Electronic Communications Terms & Conditions including but not limited to those provisions regarding live and automated voice notifications and text messages when the customer provides a phone number (both land line and wireless).

ENERGY CHARGES FOR ESTIMATED METER READS:

In the event energy use data is estimated, it will be billed at the lowest rate applicable during which the energy use could have occurred.

For customers enrolled in Residential Dynamic Pricing Rewards, residential rate code: 1008, in the event actual energy use data for a critical peak event is not received and the bill credit earned cannot be determined, the customer will receive a flat credit of $3.00. Customers enrolled in Residential Dynamic Pricing, residential rate code: 1007, will not be charged at a critical peak rate for estimated energy use during a critical peak event.

INFORMATION RELEASE:

Customer agrees that Consumers Energy may include customer’s name, address, Consumers Energy account number, Consumers Energy services and resulting energy savings (“Information”) in a database hosted by a contractor of Consumers Energy, and such Information may be included in reports or other documentation submitted to Consumers Energy and/or the Michigan Public Service Commission (“Reports”). Consumers Energy will treat such information as confidential and the Information in the Reports shall only be in the aggregate.

BILL SAVINGS:

The Dynamic Peak Pricing program rates are voluntary rates designed to enable customers to reduce their energy bill through changing their behavior to reduce energy use during high cost times of peak demand. In no way does Consumers Energy guarantee customers will receive a bill reduction due to participating in this program, and participating customers accept the risk that participation may add to monthly electric bills.

LIMITATION OF LIABILITY:

Consumers Energy’s liability is limited to billing the customer at the approved rate. In no event will Consumers Energy be liable whether in the contract, tort (including negligence), strict liability, warranty or otherwise for special, incidental or consequential damages connected with or resulting from participation in this program.

AUTHORITY:

Customer represents that he/she has the authority to enroll in this program and that all information provided to Consumers Energy is true and accurate and the customer accepts the terms and conditions stated herein.