Exceptions Accepted by OSD Legal.pdf
PDF 132 KB Posted
- Attached to
- Electricity
- Contract number
- ENE49
- Issued by
- Massachusetts
About this file
This document is a clarification letter from Direct Energy Business, LLC to the Commonwealth of Massachusetts regarding Request for Response (RFR) ENE55, dated April 30, 2024. The letter outlines Direct Energy's specific clarifications and interpretations of various sections within the RFR, indicating the company's intent to enter into a contract for electricity supply while seeking to define certain contractual terms and conditions.
The document addresses multiple contract sections, including billing procedures, payment terms, and service specifications. Key clarifications include the ability to consolidate up to 50 Local Distribution Companies (LDCs) or service locations into one billing account, billing at the LDC level with meter details, and a specific definition of "public entity" that includes quasi-public entities, non-governmental public entities, and non-profit organizations. Direct Energy explicitly states it does not offer prompt payment discounts and will not engage in any business subject to HIPAA regulations. The company emphasizes that its final rights and obligations will be determined only through a signed written agreement with the Commonwealth.
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Other files
| File | Type | Posted |
|---|---|---|
| ENE55%20Contract%20User%20Guide.pdf | ||
| ENE55 Contract User Guide~1.docx | DOCX document | |
| ENE55 MOU for Electricity DRAFT.docx | DOCX document | |
| ENE55 RFR - 4.2.24.docx | DOCX document | |
| LOA Template.docx | DOCX document | |
| ENE55 Contract User Guide~2.docx | DOCX document |
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Text version
April 30, 2024
Proprietary and Confidential © 2024 NRG Energy, Inc. All rights reserved.
Clarifications to the RFR for ENE55 Direct Energy Business, LLC (Direct Energy) (the Company) is amenable to accepting the terms and conditions set forth in the RFR from the Commonwealth of Massachusetts (the Commonwealth) with the clarifications noted below. However, please be advised that the rights and obligations of Direct Energy and the Commonwealth with respect to the supply of electricity from Direct Energy will be only as agreed in a final, written agreement signed by the parties.
Please note that the following clarifications are in regard to the RFR, not the Commonwealth’s Terms and Conditions which we accept in whole. We look forward to discussing the below with the Commonwealth and are confident we can easily come to a mutually beneficial agreement.
• RFR Section 4.2.11. Removing Facilities from this Contract After Initial Start Date: The Company would like to clarify that Calculations of Price B shall be itemized and supported by appropriate documentation.
The Commonwealth retains the right of review and approval set forth in this section.
• RFR Section 4.2.14. Payment and Billing: The Company would like to clarify that for dual invoicing, we can consolidate up to 50 LDCs/Service Locations to one billing account. Also, please note that we bill at the LDC level, but meter detail, if multiple meters per LDC account will be included on the invoice.
• RFR Section 4.6.1. Prompt Pay Discount: The Company would like to clarify that it does not offer discounts for prompt payment.
• RFR Section 8.8.4. Creditworthiness: The Company would like to clarify that its approval of the language in this section is based on the following definition of ‘public entity’: “Any entity considered eligible to use a Statewide Contract by the Operational Services Division of the Commonwealth of Massachusetts, including, without limitation, quasi-public entities, non-governmental public entities, and non-profit organizations.”
• RFR Section 9.1.3.4. HIPAA: Business Associate Contractual Obligations: The Company would like to clarify that it does not and will not engage in any business that would subject it to HIPAA regulations, including, without limitation, the collection, storage, maintenance, or distribution of any personally identifiable information or any other information subject to HIPAA regulations.
• RFR Section 9.1.3.5. Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply: The parties would like to clarify that this Section 9.1.3.5 is not applicable to this matter.
• Commonwealth Terms and Conditions: The Company would like to clarify that notices will be sent to the billing address associated with the account.
Clarifications to the RFR for ENE55
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