TERMS AND CONDITIONS OF SERVICE
By receiving service from Kratos Gas & Power (Kratos), the customer agrees to be bound by the terms and conditions as set forth in this Terms and Conditions of Service, effective January, 2017.
- Residential customer or consumer: premises at which natural gas is consumed primarily for personal, family or household use.
- Commercial and Industrial (C&I) customer: a premises with commercial/industrial service as defined in DEO’s tariff on file with the PUCO.
- Kratos Gas & Power (Kratos): a natural gas marketing company. Kratos buys gas from energy producers and marketers and in turn sells that gas to consumers.
- Dominion East Ohio (DEO), the utility regulated by the PUCO. DEO distributes natural gas on behalf of Kratos and other marketers, maintains the gas pipeline system, and responds to gas leaks and other emergencies.
- Natural Gas Distribution Company (NGDC): DEO will continue to be responsible for the distribution of natural gas supplied by Kratos pursuant to this contract.
- PUCO: Public Utilities Commission of Ohio.
- T&Cs: Kratos Gas Terms and Conditions of Service as contained in this statement.
- Default Price Plan: Kratos’s current standard variable price plan.
I. YOUR DEO BILL
By agreeing to have Kratos supply natural gas to you, the format of your DEO bill will not change, except that Kratos will be identified on your statement. The terms and conditions of DEO’s normal billing practices will not change. You do authorize Kratos to obtain your billing payment and usage history from DEO. If you have questions about your understanding your bill, payment options or rate information, please contact DEO directly at 1-800-362-7557 or visit their website at www.dom.com.
II. YOUR SERVICE
II-1. Price Plans
Kratos’s price plans fall into two categories: variable and fixed. Kratos may offer some price plans on a pre-payment basis. The terms and conditions of service for pre-payment price plans may differ from or supplement those set forth in this statement. The specific terms and conditions for pre-payment are set forth in the Supplemental Disclosure Statement, which governs in the event of a conflict with these terms and conditions.
The name of your price plan for the most recent service period will be shown on your bill each month. Additional information on price plans is available on our Web site, www.kratosgp.com , or you may call a Customer Care Representative. Unless you specify otherwise, at the time you establish your service with Kratos Gas & Power, based on credit criteria you will receive gas service under our Default Price Plan.
A. Variable Plans. By agreeing to allow Kratos to supply your natural gas needs, you will be charged for gas at variable market prices, which may be lower than what you would be charged directly by DEO. Under this plan, gas service is billed at a price per MCF that may change based on market conditions. Kratos does not use a formula to calculate the price per MCF. Variable monthly pricing is based on cost of gas supply purchased, transportation costs, administrative costs, and margin. The price per MCF used to calculate your gas charge is Kratos’s price in effect on the first day of your meter reading cycle. This price does not include applicable taxes and/or NGDC charges, which will be billed by the NGDC. You are responsible for all charges assessed by the NGDC for gas transportation and all other applicable NGDC charges, which are not included in Kratos’s price. Your gas service will be billed under this plan on a month-to-month basis.
B. Fixed Plan. Under a fixed price plan, gas service is billed at a fixed price per MCF for the term of the plan. Although Kratos’s currently available fixed prices may change at any time, the price used to calculate your Gas Charge for the full length of the plan will be Kratos’s price in effect at the time you select the plan. Your fixed price will remain in effect for all service periods with a beginning meter read date during the term of your plan. The price per MCF, customer service charge and interstate capacity charge (if applicable) for customers on a fixed plan will not change for the length of the plan. Any other charges under a fixed plan are subject to change upon 25 days’ written notice. The per MCF price on a fixed plan may be higher or lower than on a variable plan Kratos does not use a formula to calculate the price per MCF. Fixed pricing is based on cost of gas supply purchased, transportation costs, administrative costs, and margin.
When you select a fixed plan, you commit to remain on the plan for the specified period of time, even if you move within the DEO service territory. Kratos notify you prior to the expiration of your fixed plan. Commercial customers may request a new fixed price plan without incurring an early termination charge beginning 15 days prior to their current plan’s expiration date. If you take no action, you will automatically be enrolled after expiration of the fixed price plan on Kratos’s default variable price plan that was in effect at the beginning of your fixed price plan term. Your price per therm will be the current variable price in effect for that default price plan. If you request and qualify for a new fixed plan, you will lock in Kratos’s then current fixed price, which may differ from your previous fixed price.
If you are served under a fixed plan and any of the following three circumstances occurs more than 45 days prior to the expiration of your fixed price plan, you will be deemed to have breached your fixed price plan. In each circumstance, your account will be assessed an Early Termination Charge:
- If you switch to another price plan or change your natural gas provider at your current premises.
- If your service is disconnected for nonpayment and is not reconnected before your account closes. If your account becomes inactive and your service is subsequently reconnected, Kratos reserves the right to limit availability of price plans.
- If you voluntarily disconnect service during the term of your plan, including moving to a different premises.
Variable Intro Price Program. Kratos is currently offering customers an intro price plan. By agreeing to allow Kratos to supply your natural gas needs under our Variable Intro Price Program, you will be charged for gas at a fixed price of $2.85 per MCF for your gas service for the first month. After the first billing month, you will receive our month-to-month standard variable rate described above. After your first twelve months with Kratos, your contract will automatically renew unless you cancel. You will be renewed at the same standard monthly variable rate. If you cancel your service with Kratos at any time, you will not be charged a termination fee. This price does not include applicable taxes and/or NGDC charges, which will be billed by the NGDC. You are responsible for all charges assessed by the NGDC for gas transportation and all other applicable NGDC charges, which are not included in Kratos’ price. In addition, switching fees may apply under the NGDC tariff. If, due to a change in market conditions, Kratos Gas & Power wishes to lower the price per CCF or MCF charged to the customer under an existing contract, it may do so without consent provided there are no other charges to the terms and conditions to the contract.
Under our Default Price Plan, Kratos will supply you with natural gas on month-to-month basis commencing on the first month you receive services from Kratos as confirmed by DEO. Under our Variable Intro Rate Program, Kratos will supply you gas, starting January, 2017. In either case, Kratos will supply the commodity portion of your natural gas and DEO will be Your NGDC. Within 3 business days of enrollment, Kratos will notify the NGDC to transfer your gas service. Due to the volatility of the gas market, Kratos reserves the right to discontinue this contract any time before enrollment. If you are currently a Kratos customer, Kratos reserves the right to not accept or rescind this enrollment or to require you to pay the applicable cancellation fee for your existing program to be eligible for this program. If you are a new customer then this Agreement may be rescinded by you without a cancellation fee by: (1) contacting the NGDC in writing or by telephone at the number provided on the confirmation notice within 7 business days from the post-mark date of the confirmation notice sent by the NGDC (“Rescission Period”), or (2) contacting Kratos in writing or by telephone within 30 days of enrollment with Kratos on this program (“Cancellation Period”). If you are an existing Kratos customer you will not receive a confirmation notice from the NGDC but, in the event you decide to rescind enrollment in this Agreement during the Rescission Period, you will be returned to your previous Agreement with Kratos without penalty under this Agreement. During the periods described in the Rescission Period above, there is no cancellation fee to end this Agreement. Further, either party can cancel this Agreement without cancellation fee by providing notice to the other of not less than 30 days. Cancellation notices provided after the NGDC deadline may result in an additional month(s) of service beyond the contract period at the applicable monthly variable price, which you agree to pay, as the effective date of all cancellations are subject to NGDC guidelines. You understand that if you switch your service to another supplier or back to the NGDC an NGDC switching fee may apply under the NGDC’s 4 Contract Number 001 tariff and the NGDC may charge a price other than the regulated sales service rate. Kratos may also terminate service on fourteen days written notice should you fail to pay your bill or fail to meet any agreed-upon payment arrangements. Your service will automatically terminate if you are not located within a Kratos service area, if you move outside of the Kratos service area, or if Kratos return you to the DEO for failure to meet any of the terms contained herein. You will have the right to terminate service, without penalty in the event you relocate or as otherwise provided in this agreement.
Kratos does not generally require a written contract for gas service. However, when you select service, you are agreeing to remain on the plan for a specified period of time and to keep your account in good standing. See section III-2, “Term” for more information.
III-4. Account and Billing Information
It is your responsibility to provide DEO with accurate account information, including a telephone number to contact you and an accurate address to mail your gas bills. Also, if your account information changes at any time, it is your responsibility to notify DEO of the changes. Kratos is not responsible for any late charges that are applied to an account when a customer does not receive timely bills due to incorrect account information provided by the customer. Kratos will not release your social security number or account number without your affirmative written consent.
III-5. Changes to Terms and Conditions
We reserve the right to change our T&Cs at any time. We will notify you of any changes by written notice in your bill or in a separate mailing.
III-6. Extraordinary Events
If an event occurs that delays or makes it impossible for Kratos to perform, such as an act of God, extraordinary weather occurrence, a facility outage on the DEO or interstate pipeline systems, a DEO failure to perform, war, civil disturbance, or national emergency, our performance under these T&Cs shall be excused for the duration of such event. Under such conditions, Kratos may elect to discontinue service immediately, without notice.
III-7. Limitation of Liability
Kratos is not responsible for any losses or damages resulting from any actions/policies associated with DEO or the interstate pipeline systems, including interruption of service, termination of service, defective service, or operation and maintenance of DEO’s system or the interstate pipeline systems. Kratos is not liable for consequential, exemplary or punitive damages.
III-8. Call Monitoring Policy
Telephone calls to our Customer Care Center may be monitored and/or recorded for quality assurance purposes. All calls for new service are recorded in compliance with PUCO guidelines.
If you have any questions or inquiries regarding your gas service, please contact DEO or Kratos at the number below. Kratos will use good faith efforts to resolve any customer disputes.
Kratos Gas & Power
225 Union Blvd., Suite 200
Lakewood, CO 80228
If your questions are not resolved after you have called Kratos Gas and Power, customers may call the public utilities commission of Ohio (PUCO) toll free at 1-800-686-7826 or 1-614-466-3292, or for TDD/TYY toll free at 1-800-686-1570 or 1-614-466-8180, from 8:00 a.m. to 5:00 p.m. weekdays, or visit the PUCO website at www.puco.ohio.gov or as otherwise specified by the commission. Residential customers may call the Ohio consumers’ counsel (OCC) toll free at 1-877-742-5622 from 8:30 a.m. to 5:30 p.m. weekdays, or visit the OCC website at www.pickocc.org or as otherwise specified by the OCC. Note: Whenever the Public Utilities Commission of Ohio enacts new rules prior to the publication of revised Kratos Terms and Conditions, those rules will supersede this statement. In addition, from time to time Kratos may introduce new price plans or other programs that require amendments to these Terms and Conditions of Service. In such instances, you will be sent the revisions in advance of their effective date. The revised T&Cs may differ from or supplement this statement and will govern in the event of a conflict with this statement. In some instances, C&I customers may have written agreements with Kratos that provide for specific terms of service. In the event of a conflict with these T&Cs, those specific terms will govern.