Enron Energy Services, Inc. 

"YOUR RIGHTS AS A CUSTOMER"
FIXED PRICE ELECTRICITY SERVICE

This document is provided by Enron Energy Services, Inc. ("EESI" or "we" or "us") for the use of small commercial (<50kW annual demand) customers in the State of Texas, in accordance with the rules promulgated by the Public Utility Commission of Texas ("PUCT").   
Language Choice:   You have the right to designate whether you wish to receive documents and communications from us in English , Spanish or any other language in which we market our services (currently only English and Spanish).
Unauthorized Charges or "Cramming": Placing charges on your electric service bill for products or services without your authorization is known as "cramming" and is prohibited by law. If you believe that any charge for a product or service that you did not authorize appears on your bill, contact us immediately as provided below under "Contacting EESI."  Your service will not be terminated for disputing or refusing to pay for an unauthorized charge.  We will investigate and, within 45 days, either remove the charge and reimburse you for any payments you made for the unauthorized charge, or submit evidence of your specific authorization for the charge. 
Unauthorized Change of Supplier or "Slamming":  You have the right to choose your generation service supplier; switching your service to another supplier without your authorization is known as "slamming" and is prohibited by law.  If you believe that you have been slammed, please notify us immediately as provided below under "Contacting EESI."  You may file a complaint with the PUCT regarding any unauthorized switch of service.
Meter Testing and Customer Reading of Meters:   You have the right to request a meter test by your electric distribution utility once every four years at no cost to you.  If you request an additional meter test within four years, and such meter test is acceptable to standards approved by the PUCT, then you may be charged a fee for the additional meter test pursuant to the relevant schedule in an approved tariff.  For instructions on how to read your own meter, please contact your electric distribution utility.
Special Services for Physical Disabilities:   Please contact us for availability of special services such as readers or notices in Braille, TDD services for hearing impaired customers, and special programs for physical disabilities including Critical Care service. 
Financial Assistance:   Please contact us for information on payment plans or alternative payment arrangements, energy assistance programs,  discounts for qualified low-income customers, financial assistance from state and federal agencies and the telephone numbers for such agencies. (EESI cannot disconnect for non-payment)  GLORIA – DO YOU WANT TO ADD THIS PARENTHETICAL OR IS IT JUST A NOTE TO US?] Sarah, this was just a note to you. Indeed I would not want us to give customers this information in our YRC. It could lead to gaming.
Right of Rescission:  You may rescind (cancel) your contract with us without charge within three federal business days after you receive our Terms of Service (and have accepted our offer by signing an EESI contract) (the "Rescission Period").  Our Terms of Service document provides instructions on how to exercise this right.  
Termination of Contract:   We may terminate our contract with you as provided therein; however, only the electric distribution utility can disconnect your power, whether for non-payment or otherwise.  Our Terms of Service document also provides information on termination of our service and the resulting charges.  If you are unable or do not wish to obtain service from another supplier, service will be provided by the Provider of Last Resort ("POLR") serving your area:______________, the POLR for the ________ area at _______________ (toll free).  
Disconnection: The POLR may disconnect your service for non-payment. The rules provide that you will not be disconnected for delinquency of payment by a previous occupant, failure to pay any charge unrelated to electric service, failure to pay for different electric services unless such services were included under our contract at the time our service was started, failure to pay charges arising from an underbilling, except for theft of service, more than 6 months prior to the current billing, failure to pay for a disputed charges until a determination as to the accuracy is made by us or the PUCT and you have received notice of this determination, failure to pay charges arising from an underbilling due to faulty metering, unless the meter has been tampered with, or failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan or unless the utility is unable to read the meter due to circumstances beyond its control. 
Service Restoration:  To have service restored, you must meet your utility's reconnection requirements.
Do Not Call List:   If you wish to be placed on a list so that you do not receive telemarketing calls from electric generation suppliers ("Do Not Call List"), please contact the PUCT as set forth below and ask to be included on the Do Not Call List. You will be included on this list for a period of 5 years or until you ask that you be removed; the PUCT currently charges a nominal fee of $5 for this service.
Privacy:  We are prohibited from releasing your proprietary customer information to any other entity without obtaining your authorization, other than to the PUCT, the registration agent, our agents, credit agencies, energy assistance agencies, your utility or local, state, and federal law enforcement agencies.  We may not publicly disclose, disseminate or sell customer-specific information about our customers.
Complaints and Resolution of Disputes:  EESI is committed to resolving all disputes with its customers in a prompt and professional manner.  If you have a dispute concerning our service, please contact us as set out below under "Contacting EESI."  If we cannot resolve the dispute to your and our mutual satisfaction,  our contract provides that all disputes between us will be settled by binding arbitration in accordance with the expedited rules of the American Arbitration Association or "as otherwise required by Law or the Rules."  However, the Rules provide that if you are small commercial (<50kW demand) customer you cannot be required to submit disputes to arbitration and you therefore have the right to pursue all such remedies as may be legally available to you, including through the courts and by contacting the PUCT.   
Contacting EESI:  To contact us:  by phone (toll free) at  1-800-837-9584_______________]; by fax: 713-[___________]; by e-mail: [_______________] or by writing to: Enron Energy Services, Inc., 1400 Smith Street, Houston, Texas 77002, Attn:[______________].  Website: _________________;  PUCT Certificate No. 10003.  PLEASE PROVIDE THIS INFORMATION
Contacting the PUCT:  in Texas (toll-free) 1-888-782-8477 (or (512) 936-7120), or write to: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326; by fax (512) 936-7003, e-mail: customer@puc.state.tx.us; website: www.puc.state.tx.us, TTY: (512) 936-7136 and Relay Texas (toll-free): 1-800-735-2989.
Reporting Outages: To report a service outage, contact your electric distribution utility directly, at 
Within Reliant Energy’s Service Territory: 1 800 332-7143. Within TXU,s Service Territory: 1888-313-4747
_____________________.PLEASE PROVIDE THIS INFORMATION>

You may obtain Spanish versions of the Your Rights as a Customer document and other information regarding this program by calling EESI at the 1-800-837-9584.