Conditions of Service

California Customers

Thank you for choosing TenderLand. California law requires each registered Electric Service Provider (ESP) offering electrical service to residential and small commercial customers in California to provide those potential customers with this notice before service can begin. This notice describes the price, terms and conditions of service for California customers that elect to buy electricity from TenderLand Power Company, Inc.© (TenderLand). TenderLand is a registered ESP with the California Public Utilities Commission (CPUC). Our ESP registration number is 1346. Our contact information is:

TenderLand Power Company, Inc.©
1411 Fourth Avenue, Suite 820
Seattle, WA 98101
Website: www.TenderLand.com
Phone: 206-624-3950
Fax: 206-624-3953
E-mail: info@TenderLand.com

Price and Billing at a Glance

• Price of Electric Service - Total electric bill based upon your usage each month as would be billed from the existing regulated electric utility distribution company (RUDCo) that serves your area plus $2.99 per month for all residential customers, and $2.99 or 1% of the total monthly bill, whichever is greater, for all commercial customers. There are no other fees or charges, except for those related to non-payment of your bill.
  
  
• Billing - You will be sent upon request or from our web site a single new monthly bill from TenderLand detailing all charges you are obligated to pay your RUDCo for electricity and gas service (if applicable to you) plus the electricity charges from TenderLand. Gas service will be included on your TenderLand bill when we are permitted to do so by your RUDCo.
  
  
• Payment - We make monthly payments easy! Pay by:
  

  - Automatic debit from an account at any Bank or financial institution.
  
  - Automatic debit to your Visa, MasterCard or Discover account, for the additional monthly
  - charge of 2% of your total bill.
  
  - Regular check or money order upon receipt of your monthly bill by U.S. Mail or E-mail.
  
  

• Termination - You may terminate your electric service from TenderLand at any time without fee or penalty.
  
  Terms and Conditions of Service
  
  If you choose TenderLand to be your ESP, you agree to let us provide your electric service on an at-will, month-to-month basis, and to permit your RUDCo or other ESP to provide TenderLand information about your account, including, but not limited to, billing/payment/usage history, meter readings and types of service. You may decide to terminate your electric service from TenderLand at any time without fee or penalty, following written notice to TenderLand. Your account will be transferred as directed, usually following the next meter reading date after the receipt of your notice. TenderLand reserves the right to refuse to provide electric service to any customer, and to require any customer to provide a refundable advance deposit which deposit cannot exceed the amount permitted by California law.
  
  The RUDCo that serves your area will continue to provide meter reading services at this time. TenderLand may perform this service in the future and introduce other electric meter features. If a new time-of-use meter is required to be installed on customers' premises, TenderLand will rebate the cost of such installation to such customer after one year of continuous electric service from TenderLand. You have no other obligation to TenderLand other than those stated herein for your electric service.
  
  A fee of $20.00 shall be charged by TenderLand to any customer for any check or other debit returned to us unpaid by any bank, financial institution or credit card company. Any payment received by TenderLand after its due date shall be assessed a late payment fee of one and one-half percent (1-1/2%) per month for each month, or fraction thereof, assessed upon any amounts due TenderLand which remain unpaid after the due date.
  
  You will be purchasing electric service from TenderLand, and we will send you upon request a single TenderLand bill each month for the RUDCo's charges and for our charges. If you now receive natural gas and electricity from the same RUDCo, you will also receive your natural gas and related RUDCo charges on your TenderLand bill at no additional cost or fee at such time as we are permitted to do such gas billing by your RUDCo. All bills are payable upon receipt. If you fail to pay any past due amount owed to us, we may charge you a $50.00 processing fee for cancellation of TenderLand's services and the transfer of your electric service account back to the RUDCo that serves your area, who may then disconnect your electric service for any unpaid amount owed to the RUDCo incurred after the transfer. If your electricity is disconnected, you may be obligated to pay a disconnect fee to the RUDCo. In order to reestablish service, you may have to pay a reconnection fee and post a deposit with the RUDCo. You shall be liable to TenderLand for collection costs and attorney fees in the event of your failure to pay all amounts lawfully owed.
  
  TenderLand reserves the right to change these terms and conditions of service at any time and on any number of occasions upon written notice to its customers.
  
  Although TenderLand will do its best to provide quality products and services, we must advise you that TenderLand shall not be liable for any direct damages actually incurred resulting from the use of or inability to use its services, and shall not be liable for interruption or shortage of electric supply, nor any associated loss or damage, resulting from causes or circumstances outside its reasonable control. These include, but are not limited to, unusually severe weather, flood, fire, lightning, drought, earthquake, failure of the Independent System Operator (ISO) or any RUDCo to transmit electricity or gas or perform any of their obligations, or failure of performance by any of TenderLand's electricity suppliers. TenderLand shall not be liable for any direct, indirect, special, consequential or punitive damages of any kind whatsoever, whether in contract, tort, strict liability or otherwise. Furthermore, you agree to indemnify and hold harmless TenderLand and its parents, subsidiaries, officers, directors and employees, from any claim or demand, and costs and expenses including reasonable attorneys' fees, that are made by you or any third party due to or arising out of your use of TenderLand's services and your compliance to these Conditions of Service.
  
  The relationship between you and TenderLand shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of TenderLand to exercise or enforce any right or provision of these Conditions of Service shall not constitute a waiver of such right or provision. If any provision herein is deemed invalid by a court of competent jurisdiction, all other provisions hereof shall remain in full force and effect.
  
  Estimated Total Price of Electric Service
  
  The total price of your electric service from TenderLand is the amount based upon your usage as would be billed each month from your RUDCo, plus the monthly charge of $2.99 for all residential customers, and $2.99 or 1% of the total bill, whichever is greater, for all commercial customers. The prices are net of any California renewables credits that may apply to your actual electricity usage, and take into account and assume receipt by TenderLand of all such eligible renewables credits. There are no other fees or charges for your electric service, except for those related to nonpayment of your bill.
  
  This total price is based on our anticipated electricity generation costs and all of our recurring charges, the certain monthly charges (based on tariffs filed by RUDCo's with the CPUC) levied by the RUDCo that serves your area and for legislatively mandated charges. You should refer to your existing electric service bill or contact the RUDCo that serves your area to determine the current amount for each of those charges.
  
  The following examples provide for illustration purposes estimates of the total monthly electric service bill from TenderLand based on the total price of electric service as described above. These example estimates reflect the current estimated monthly bill if your electric service is still provided by the RUDCo that serves your area, plus $2.99 per month for all residential customers, and $2.99 or 1% of the total bill, whichever is greater, per month for all commercial customers.
  

Residential Customers: Example (Approximately 300 kWh monthly usage)

Commercial Customers: Example (Approximately 5000 kWh monthly usage)

For illustration purposes only, the following tables provide estimates of the total monthly bill for electric service at varying consumption levels, with the components of the total bill shown for each of the monthly RUDCo charges and the monthly TenderLand charges.

Table 1: Residential Customers

Table 2: Commercial Customers

Your Right to Choose

You have the right to choose your electricity provider, and this is not your only opportunity to switch providers. If you select an ESP to supply you with electricity, your existing RUDCo will still be responsible for ensuring that the electricity is transported to your residence or business, including restoring service after power outages.

If you meet certain income criteria, you may be eligible for the California Alternate Rates for Energy (CARE) program or for energy efficiency services. The CARE program provides qualifying households with a discounted rate for energy. Income-eligible households may also qualify for no-cost weatherization or other energy efficiency services. At the present time, these programs are administered by your existing RUDCo. You should contact the RUDCo serving your area if you have any questions regarding your eligibility to participate in those programs. As a TenderLand customer, your eligibility to participate in these programs is not affected.

In selecting an ESP, you should be aware that some ESPs may require you to enter into a contract for a fixed period of time rather than on an at-will basis. If you enter into a contract for a fixed period of time, and you decide to switch to TenderLand before the contract term is up, you may be obligated to pay certain fees or penalties for early termination of the contract. TenderLand does not require any residential or commercial customer to enter into a contract for a fixed period of time.

Disclosure of Electricity Source

California law requires that every provider of electricity offering to sell electricity to customers shall disclose the provider's source of electricity. As an electricity customer, TenderLand will provide you with a quarterly statement, which discloses the projected sources for the calendar year, and an annual statement disclosing the actual electricity sources for the previous year. The goal of TenderLand is to provide electricity to our customers generated from 100% renewable resources.

Verification Procedures

If you decide to purchase your electricity from someone other than your current provider of electricity, California law requires the new ESP or the RUDCo verify that you agree to the change in your provider. This verification can take place in several ways, and TenderLand shall verify that all new customers agree to switch to TenderLand by written notice sent by regular mail, telecopier or E-mail.

Description of Legislatively Mandated Charges

Included among the recurring charges are amounts for the Competition Transition Charge (CTC), Nuclear Decommissioning costs, Trust Transfer Amounts (TTA), and Public Purpose Program costs. California law requires that these four charges be paid by all consumers of electricity unless exempted by statute. These charges now appear on the bills of all electricity providers and are payable to the RUDCo's until further notice. If you choose to remain with your current RUDCo, or you select a different ESP like TenderLand, you will remain obligated to pay these four charges. The CTC is the charge which allows the RUDCo to recover its investments in electric generating facilities and associated obligations as a result of the restructuring of the electric industry. The Nuclear Decommissioning costs are the costs of safely removing nuclear generating facilities from service when the facility is retired. The TTA is the charge to recover the financing cost that was used to reduce electricity rates by 10 percent in 1998. The Public Purpose Program costs are the costs of programs to enhance the reliability of the electricity system; provide energy efficiency and conservation activities; develop research, development and demonstration projects; operate and develop renewable energy sources; and provide electricity to low-income customers under the CARE program.

Complaint Procedures

If you have a billing-related dispute concerning the RUDCo's charges, or a dispute regarding the manner in which the electricity is distributed to your residence or business, a complaint may be filed with the California Public Utilities Commission (CPUC) if you meet the conditions set forth in Rule 9 of the CPUC's Rules of Practice and Procedure.

Please contact TenderLand with any questions concerning your bill or our services. In the unlikely event we cannot resolve your concerns, and you have an unresolved billing-related or service-related dispute with TenderLand, you may complain to the CPUC. The CPUC shall then attempt to informally resolve your complaint. However, if you have a dispute against TenderLand which does not relate to the rates, charges, or terms and conditions of service, you have the right to file a complaint with the CPUC or file a complaint against us in civil court.

If you file or submit a complaint with the CPUC against a RUDCo or an ESP, your electric service cannot be disconnected if you deposit the disputed amount with the CPUC in an escrow account.

If you have any questions regarding the CPUC complaint procedures, you may contact the Consumer Affairs Branch (CAB) of the CPUC. The CAB may be reached at 1-800-649-7570.

Your Right to Change Your Mind

You have the right to cancel any contract for electric service until midnight of the third business day after the day you signed the contract. If no contract is signed, you have the right to cancel any agreement for electric service until midnight of the third business day after the verification procedure (see above) has occurred, or until midnight of the fifth business day after the mailing or receipt of these Conditions of Service, whichever is later. You must give TenderLand, by the means specified above, written notice of your desire to cancel. No fee or penalty may be imposed against you for exercising your right to cancel within this time period.

Please note the above right to cancel is legislated for your protection. TenderLand wants you to be a satisfied customer, and if you are not, you may terminate your electric service from TenderLand at any time without fee or penalty.

TenderLand Conditions of Service
Revision 2; January 1, 2000

Conditions of Service

California Customers

Addendum for Special Optional Flat Rate Plan

This Addendum supplements the Conditions of Service, California Customers, of TenderLand Power Company, Inc. (TenderLand), Revision 2; dated January 1, 2000. This Addendum shall apply to those retail customers who elect the Special Optional Flat Rate Plan (the "Flat Rate Plan") being offered by TenderLand since August 15, 2000. The Flat Rate Plan is limited to the first 60,000 customers who elect the Flat Rate Plan, and therefore is subject to availability upon sign-up with TenderLand. All other terms and provisions of the Conditions of Service, Revision 2; dated January 1, 2000, shall apply to the Flat Rate Plan except as specifically modified and set forth in this Addendum.

For Flat Rate Plan Customers:

• The estimated monthly electric service charges from TenderLand, representing the electric generation portion of the total monthly bill for electric service, shall be computed based upon your usage each month, in kilowatt-hours, multiplied by the flat rate of 8 cents per kilowatt-hour, plus an extra $2.99 per month.

• The flat rate of 8 cents per kilowatt-hour shall be effective for the period October 1, 2000 through September 30, 2001, and is subject to adjustment each year thereafter.

• The Flat Rate Plan shall apply to both residential and commercial customers.

• TenderLand Flat Rate Plan customers may switch to the Standard Rate Plan at any time upon written notice to TenderLand; however, such customers may not switch back to the Flat Rate Plan for a minimum of twelve (12) calendar months.

For illustration purposes only, under the Flat Rate Plan, the following table provides estimates of the total monthly bill for electric service at varying consumption levels, with the components of the total bill shown for each of the monthly RUDCo charges and the monthly TenderLand charges.

Table 1A: Residential and Commercial Customers

TenderLand Conditions of Service
Flat Rate Plan Addendum
Revision 0; August 15, 2000

Top of Page