Terms and Conditions of Service

Effective Date: February 1, 2013

By receiving service from Georgia Natural Gas (GNG), you, the customer, agree to be bound by the terms and conditions as set forth in this Terms and Conditions of Service and Disclosure Statement, effective February 1, 2013, including provisions regarding Binding Arbitration (see Section IV).

Definitions

  1. Residential customer or consumer: a customer receiving service at a premises at which natural gas is consumed primarily for personal, family or household use.
  2. Commercial and industrial (C&I) customer: a customer receiving service at a premises with commercial/industrial service as defined in AGLC’s tariff on file with the PSC.
  3. Georgia Natural Gas (GNG): a natural gas marketing company. GNG buys gas from energy producers and marketers and in turn sells that gas to customers.
  4. Atlanta Gas Light Company (AGLC):  the utility regulated by the PSC. AGLC distributes natural gas on behalf of GNG and other marketers, maintains the gas pipeline system, and responds to gas leaks and other emergencies.
  5. PSC: Georgia Public Service Commission.
  6. T&Cs: Georgia Natural Gas Terms and Conditions of Service, Disclosure Statement and Supplemental Disclosure Statement. 
  7. Pre-payment price plan: A type of GNG price plan under which customers are billed in advance for their estimated charges for the following month.  Pre-payment price plans have specific terms and conditions of service in addition to these Terms and Conditions of Service.
  8. Service period: The time period for which you are receiving gas service and is determined by your prior meter reading date and current reading date.  A standard service period is  27 to 33 days.

To make it easier for you to find information in this statement, we have divided it into five sections:

  1. Your GNG Bill
  2. Your Gas Meter
  3. Your Service
  4. Binding Arbitration
  5. Contact Information


I. YOUR GNG BILL
I-1.  Main Components of a GNG Bill
A. If you are on a fixed price or variable plan, your GNG bill will contain the following components:

  1. AGLC Base Charge – The AGLC Base Charge is a regulated charge from the utility (AGLC) that is billed through each gas marketer. GNG bills a full base charge regardless of the number of days of service.
  2. GNG Customer Service Charge – A charge related to GNG’s cost of maintaining and servicing your account. This charge may vary based on a customer’s credit criteria, payment history and/or individual service requirements. GNG assesses a full customer service charge for each service period regardless of the number of days of service.
  3. GNG Signature Service Charge – A charge incurred if a customer enters into an agreement to receive special ancillary services not generally included as part of GNG’s price plan offerings. Depending upon the signature service selected, the charge may be one-time or recurring, and it may be either flat or volumetric. Because GNG may offer several signature services, the Signature Service Charge will be listed on the bill by its specific name.
  4. Gas Charge – The charge for gas used during the service period. The gas charge can vary based on the quantity of gas used and the price per therm for the service period.
  5. Interstate Pipeline Capacity Charge (if applicable) – A transportation charge that is based on Dedicated Design Day Capacity (DDDC). GNG bills a full interstate pipeline capacity charge for each service period regardless of the number of days of service.
  6. Sales Tax – As required by state law, sales tax will be applied to all charges except Late Charges. (See section I-2, “Other Charges,” for more information.)

B. If you are on a flat bill plan, your GNG bill will contain the following components:

  1. Flat Bill Charge – This charge includes your AGLC Base Charge, GNG Customer Service Charge, Gas Charge and Interstate Pipeline Capacity Charge (if applicable).  The Flat Bill Charge will appear on your bill with the specific name of your flat bill plan (for example, Guaranteed Bill℠.)
  2. Sales Tax – As required by state law, sales tax will be applied to all charges except Late Charges. (See section I-2, “Other Charges,” for more information.)

I-2.  Other Charges
A. Taxes: You are responsible for all applicable federal, state, and local taxes and charges. If you are a tax-exempt entity, it is your responsibility to provide GNG with the necessary exemption certificate.

B. Returned Payment Charge: You will be assessed a nonrefundable charge for any payment to your account that is not accepted for its full amount, including  returned payments associated with a bank draft payment. At our option, we will assess this charge the first time your check or payment is not accepted, even if it is honored upon resubmission.

C. Late Charge: If your account becomes past due by $30 or more, you will be billed a Late Charge of 1.5% of the unpaid amount, with a minimum charge of $10, to offset GNG’s additional costs.

D. Fixed Rate Early Termination Charge: Your account will be assessed an early termination charge if you breach a fixed price agreement with GNG. (See section III-1.)  This charge is intended to compensate GNG for losses and expenses it estimates it will incur as the result of the early termination of a customer’s fixed price plan.

E. Flat Bill Early Termination Charge: Your account will be assessed an early termination charge if you breach a flat bill plan agreement with GNG. (See section III-1.)  This charge is intended to compensate GNG for losses and expenses it estimates it will incur as the result of the early termination of a customer’s flat bill plan.

F. Service Connection Charge:  If you are establishing new service at a premises or reestablishing service that has been disconnected, you will be assessed a $60 Service Connection Charge, of which $25 is a pass-through charge from AGLC. This charge does not apply to customers who are switching to GNG at their current premise.  (See III-11.)

G. Service Reconnection Charge: If you are reestablishing service at the same premises, you will be assessed a $60 Service Reconnection Charge, of which $25 is a pass-through from AGLC.

H. Seasonal Service Reconnection Charge: If your service is voluntarily disconnected and reconnected at a single location within a 12-month period and you are a residential customer, you will be assessed a reconnection charge of $75, of which $50 is a pass-through charge from AGLC. If you are a commercial customer, the reconnection charge is $85, and the AGLC pass-through is $60. (See section III-9.)

I. Meter Set Charge: If you are the first occupant of a premises after a meter is installed, you will be assessed a $60 Meter Set Charge, of which $50 is a pass-though charge from AGLC.

Note: All charges described in section I of this statement are current as of the effective date of these T&Cs and are subject to change upon 30-days’ notice. For fixed price or flat bill plan agreements, also see section III-1.  If you have questions regarding any charges that may apply to your account, please visit our website at onlygng.com or contact our Customer Care Center. (The contact information is provided in section V.)

I-3.  Corrected Bills
If you receive a gas bill that contains charges that were initially billed incorrectly or were previously unbilled, you are entitled to an extended payment arrangement of not less than 90 days. If you qualify for a payment arrangement, you will not be assessed late charges as long as you remain current with your payments. To determine if you qualify, you must contact GNG’s Customer Care Center.

I-4.  Bill Dispute Policy
If you think your bill is incorrect or you need more information, write to us on a separate sheet of paper at P.O. Box 440667, Kennesaw, GA 30160-9512, call our Customer Care Center, or e-mail us at customerservice@onlygng.com. Please provide your service address and GNG account number. In order to avoid Late Charges or disconnection, you must contact us within 30 days of receipt of your bill. Although you are not responsible for paying any disputed amount on your bill while we are investigating your dispute, you are still obligated to pay the portion of your bill that is not in dispute by the stated Due Date. If you do not pay this portion on a timely basis, you may be assessed a Late Charge, and your service may be subject to termination.  Also see section IV regarding Binding Arbitration of Disputes.

II. YOUR GAS METER
II-1.  Meter Reading
AGLC maintains and reads your meter and submits to GNG either an actual meter reading or an estimated reading. One of the following meter reading types will be displayed on your bill each month: actual, estimated or no reading.

II-2.  Gas Meter Tampering
Unauthorized tampering with the meter or reconnecting natural gas service is extremely dangerous and violates federal safety regulations and state laws. Persons who reconnect their gas service may be subject to criminal prosecution.

III. YOUR SERVICE
III-1.  Price Plans
GNG’s price plans fall into three categories: variable price, fixed price and flat bill. GNG 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 website, onlygng.com, or you may call a Customer Care Representative. Unless you specify otherwise, at the time you establish your service with GNG, based on qualifying credit criteria, you will receive gas service under our  current standard variable price plan. If you do not credit-qualify for our current standard variable price plan, you may be limited to a specified price plan, which may be a pre-payment plan. (See section I-1, “Main Components of a GNG Bill,” for a list of charges associated with your price plan.)

A. Variable Price Plan: Under a variable price plan, gas usage is billed at a price per therm that may change or may remain the same based on market conditions. The price per therm used to calculate your Gas Charge is GNG’s price in effect on the first day your meter is read by AGLC.  Your gas service will be billed under this plan on a month-to-month basis. You may switch to another price plan for which you qualify at no additional charge. The per-therm price on a variable price plan may be higher or lower than on a fixed price plan.

B. Fixed Price Plan: Under a fixed price plan, gas usage is billed at a fixed price per therm for the term of the plan. Although GNG’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 GNG’s price in effect at the time you select the plan. Your fixed price will remain in effect for each service period that begins during the term of your agreement . The price per therm, GNG Customer Service Charge and Interstate Pipeline Capacity Charge (if applicable) for customers on a fixed price plan will not change for the length of the plan. Any other charges under a fixed price plan are subject to change upon 30 days’ written notice. The per-therm price on a fixed price plan may be higher or lower than on a variable price plan.  When you select a fixed price plan, you commit to remain on the plan for the specified period of time, even if you move within the AGLC service territory.

C. Flat Bill Plan: Under a flat bill plan, your Flat Bill Charge will be a set amount for each standard service period during the term of the agreement.  A standard service period is 27-33 days.  In some instances, there could be a non- standard service period – for example, while establishing or terminating service with GNG. In the event you experience a service period that is longer or shorter than a standard service period, your Flat Bill Charge will be prorated.  This prorated amount will be calculated by dividing your monthly Flat Bill Charge by 30 days, and multiplying that number by the number of days in the applicable service period.

The Flat Bill Charge is based, in part, upon your historical gas usage at your premises, and assumes a normal weather pattern for each year. The Flat Bill Charge includes your AGLC Base Charge, GNG Customer Service Charge, Gas Charge and Interstate Pipeline Capacity Charge (if applicable).  This standard unit price does not include state and local taxes or one-time charges such as connection or late charges. Although Flat Bill Charges may vary by customer based on premises, credit criteria and market conditions at the time of enrollment, your Flat Bill Charge amount will remain the same for each service period that begins during the term of your agreement. Flat bill plan agreements are not transferrable between customers or premises. The total bill amount on a flat bill plan may be higher or lower than the total bill amount on a variable price or fixed price plan.

The flat bill plan is intended to protect the customer from fluctuations in weather based on historical gas usage at the premises, but it is not intended to cover non-weather related increases in consumption, such as increased use associated with room additions, pool heaters or a customer’s significantly altered gas consumption.  GNG reserves the right to terminate your agreement as a result of non-weather related increases in consumption as further specified in the plan specific Supplemental Disclosure Statement or confirmation letter.  If this occurs you will automatically be enrolled on GNG’s standard variable price plan

GNG reserves the right to limit enrollments or re-enrollments on a flat bill plan at its sole discretion.  GNG also reserves the right to limit the availability of a flat bill plan to certain customers based on a number of factors, including but not limited to credit criteria, consumption history and age of premises.

If you are a residential customer, GNG will notify you at least two times prior to the expiration of your fixed price or flat bill plan. When your fixed price or flat bill plan is about to expire, you may request a new fixed price or flat bill plan without incurring an early termination charge by notifying us within 45 days of the expiration date. If you are a commercial customer, GNG will notify you at least one time prior to the expiration of your fixed price or flat bill plan. Commercial customers may request a new fixed price or flat bill plan without incurring an early termination charge beginning 15 days prior to their current plan’s expiration date.

For both residential and commercial customers, if you take no action, you will automatically be enrolled after expiration of the fixed price or flat bill plan on GNG’s standard variable price plan.  Your price per therm will be GNG’s current standard variable price. You also have the right to select another marketer.  If you request and qualify for a new fixed price plan, you will lock in GNG’s then current fixed price, which may differ from your previous fixed price.  If you request and qualify for a new flat bill plan, you will lock in GNG’s then current Flat Bill Charge amount for your premises, which may differ from your previous Flat Bill Charge amount.

If you are served under a fixed price or flat bill plan and any of the following three circumstances occurs more than 45 days prior to the expiration of your fixed price or flat bill plan for residential customers and more than 15 days prior to expiration for commercial customers, you will be deemed to have breached your fixed price or flat bill plan agreement. In each circumstance, your account will be assessed an early termination charge (Fixed Rate Early Termination Charge or Flat Bill Early Termination Charge, as applicable):

  1. If you switch to another price plan or change your natural gas provider at your current premises.
  2. If your service is disconnected for nonpayment and is not reconnected before 10 days. If your account becomes inactive and your service is subsequently reconnected, GNG reserves the right to limit availability of price plans.
  3. If you voluntarily disconnect service during the term of your plan, including moving to a different premises. (Note: GNG will waive the early termination charge if you move within the AGLC service territory and stay with GNG or if you move outside of your AGLC delivery group.)

Note: In all of the above instances, the  early termination charge will be waived if you are a low-income consumer who is seeking service for the first time from the regulated provider. In order to have the early termination charge waived, the consumer must notify GNG when any of the specified exceptions will occur. (See section I-2, “Other Charges,” for more information on GNG’s early termination charges.)

Your specific early termination charge may vary depending on the time of year in which you enroll and the remaining term of your agreement at the time of termination and will be disclosed in the Supplemental Disclosure Statement or confirmation letter.

GNG reserves the right to deny service, limit availability of price plans or services, or change a customer’s price plan or services based on delinquent payment history and/or failure to meet credit requirements or based on a continuous service agreement with a landlord.  In some cases GNG may require a written contract for certain plans.

III-2. Low-Income Senior Citizen Rate
Consumers who are 65 years of age or older and who meet certain income qualifications are eligible for a PSC-approved reduction in their monthly AGLC Base Charge. For consumers on a flat bill plan, the Flat Bill Charge will be reduced accordingly. Consumers who qualify for the AGLC discount and who are on certain GNG variable price plans also may receive a special per-therm discount from GNG. Visit our Web site, onlygng.com, or call our Customer Care Center for more information.

III-3. Contracts
GNG does not generally require a an individual written contract for gas service. However, when you select a fixed price or flat bill plan, 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-1, “Price Plans,” and section I-2, “Other Charges,” for more information.

If your landlord enters into a continuous service agreement with GNG and has authority to select a natural gas provider on your behalf, you will initially be enrolled on GNG’s current standard variable price plan.

Note: These Terms and Conditions of Service apply to customers without individual written contracts and constitute the contract terms between you and GNG. Individual written contract provisions may differ from these Terms and Conditions of Service, in which event the written contract provisions will govern. Pursuant to PSC Rules, a consumer is allowed to cancel any written contract without penalty within three days of signing it.

III-4. Budget Billing Plan

GNG’s Budget Billing Plan establishes a budgeted monthly payment based on your estimated cost of gas service over 12 service periods. Unlike a flat bill plan, with Budget Billing GNG periodically calculates the difference between the total budgeted amount billed and your actual charges for that period. This difference, or variance, is then used to calculate your new monthly payment for the next budget period.

If you have a past due balance, you may not sign up for budget billing. Your monthly budget amount does not include additional charges, such as Late Charges. If you wish to terminate your budget plan, the budget plan will be canceled and the full amount of the variance will appear on your next bill. If you do not pay your monthly budget plan payments as required by the plan, your service is subject to disconnection.

Note: Credit variances cannot be used to offset your current amount due. To receive a refund for a credit variance, you must no longer be on the budget plan. Upon customer request, GNG will process the refund in six to eight weeks. Once your budget plan is canceled, you cannot go back on the Budget Billing Plan until you pay your total balance in full. GNG reserves the right to limit availability of its Budget Billing Plan and to periodically review and adjust budget billing amounts.

III-5.  Payment Options
Payment in full is due on or before the Due Date shown on your bill. The number of days between the bill date and the due date may vary; however, you have at least 20 days from the date GNG mails you the bill to pay. You may use one of the following payment options:

A. Online through your checking or savings account. You must register for online bill payment at onlygng.com. You must have a copy of a recent GNG bill so you can enter your account number, name and address exactly as they appear on your bill. Your online payment can take up to five business days to process.

B. Check or money order via the mail. Your payment may take up to seven business days to be processed.

C. Automatic bank draft – When you sign up for bank drafting, we will automatically withdraw the amount due from your financial institution on or near the Due Date shown on your bill (except holidays or weekends). To sign up, just call GNG for an application, or go to our Web site, onlygng.com.

D. Payment stations – Pay your balance in person at an authorized Western Union® agent location. Call Western Union at 1-800-551-8001 to find the authorized agent location nearest you. Western Union charges a processing fee for each transaction. Depending on when GNG receives your payment from Western Union, your payment may take up to seven business days to be processed.

E. Pay by phone – You can pay your gas bill automatically using your checking or savings account or your VISA, MasterCard, Discover Card, or certain ATM/debit cards using the SpeedPay® automated pay service. Please call SpeedPay at 1-800-218-4926 and follow the recorded instructions. SpeedPay charges a processing fee for each transaction. Your check may take up to five business days to be processed; your credit card payment or debit transaction may take up to two business days.

GNG reserves the right to add, change, limit or terminate payment options at any time.

III-6. Service Deposits
Before consumers establish or reestablish service on some price plans, GNG may require that a deposit of up to $150 be paid based on credit criteria and/or payment history. C&I customers may be charged a higher deposit. In addition, GNG reserves the right to periodically assess deposits to existing customers if they do not meet credit requirements.

If you are a residential customer and your account remains in good standing for six consecutive months, your deposit, plus accrued interest if applicable, will be refunded by applying a credit to your account. If your account remains active and you have a credit balance after the deposit is applied, upon request we will send you a check for the amount of the credit balance.  (Deposits refunded prior to six months do not accrue interest.) If you have paid a deposit and have moved out of the service area or have switched marketers, your deposit will be applied to your final bill. In the event your deposit exceeds your final balance by $1.00 or more, you will receive a check for the difference between the deposit amount and your final bill via the mail within 60 days of your final bill. You are responsible for providing GNG with a current mailing address to ensure the check is delivered to the correct address.

III-7. Refunds
A customer’s credit or credit balance on an inactive account will be applied first to all outstanding balances with GNG, and any remaining credit balance will then be refunded or applied to your account as described below.  Refunds for inactive accounts with credit balances greater than $1.00 will be processed and mailed to you 60 days after termination of service.

For active accounts, credits or credit balances will be applied to the next month’s bill, unless a customer specifically requests a refund check. If you receive a GNG promotional offer that results in a credit balance when you close your account, you will not be eligible for a refund check.  You are responsible for providing GNG with a current mailing address to ensure the refund check is delivered to the correct address. Refunds may take 6 to 8 weeks to process.  (See section III-6, “Service Deposits,” for information on deposit refunds.)

III-8.  Service Establishment and Customer-Initiated Termination
You must be at least 18 years old to establish an account with GNG. When establishing gas service at a new address, you should contact GNG to establish your account and to arrange a date/time for AGLC to turn on your gas. (See section I-2, “Other Charges,” for more information.)

If you move or otherwise terminate service, you must give GNG at least 10 business days’ advance notice by phone. When you call, you will be given a confirmation number that should be saved and used in subsequent communications regarding the termination. To resolve any future disputes regarding service termination dates, a confirmation number is required.

If you wish, after you make the required phone call, you may submit a written request for termination to the GNG correspondence address listed at the end of this statement or notify us via e-mail at customerservice@onlygng.com.

Note: GNG is not responsible for written or electronic correspondence sent to the wrong address.
If you fail to notify GNG regarding termination of service, service will continue until such notice is received. In either case, you will be responsible for paying all charges until the time of termination.

Note: GNG reserves the right to deny service, limit availability of price plans, or change a customer’s price plan or services based on delinquent payment history and/or failure to meet credit requirements or based on a continuous service agreement with a landlord. In some cases GNG may require a written contract for certain plans.

III-9. Seasonal Service
If your service is voluntarily disconnected and reconnected at a single location within a 12-month period and you are a residential customer, you will be assessed a reconnection charge of $75, of which $50 is a pass-through charge from AGLC. If you are a commercial customer, the reconnection charge is $85, and the AGLC pass-through is $60. (See section I-2-H.) You must meet GNG’s credit requirements in order to have service reconnected. If your service is not disconnected or reconnected by AGLC within the time period communicated to you by GNG, you must notify GNG by calling our Customer Care Center. Telephone numbers are listed in section V. You are responsible for paying all charges for as long as you receive gas service.  (Refer to section III-8; fixed price or flat bill customers, see section III-1.)

III-10.  Delinquency, Disconnection for Nonpay and Reconnection

A.  General Policies
If your account becomes past due, GNG reserves the right to change your price plan and/or service charges.

If you have received a disconnect notice, as soon as you make your payment please call GNG’s Customer Care Center with your receipt number. (Telephone numbers are listed in Section V.) If GNG does not receive payment by the due date on that notice, we will discontinue service to your premises. (For exceptions, see section III-10-B.) If your gas service is shut off for nonpayment, you will be required to pay all past due amounts, a Service Reconnection Charge of $60, and service deposits before service with GNG is restored. In addition, your future eligibility for price plans may be limited, and you may incur higher charges. In order to have your service reconnected, you must meet GNG’s credit requirements, and you must call for reconnection within 10 days after your disconnection date. After that 10-day period, your service request will be treated as a new service establishment with GNG. (See section III-8.)  Because GNG does not perform service connections or reconnections, we are not responsible for any delay in having your service established or restored.

Note: GNG reserves the right to deny service, limit availability of price plans, or change a customer’s price plan or services based on delinquent payment history and/or failure to meet credit requirements or based on a continuous service agreement with a landlord. In some cases GNG may require a written contract for certain plans.

B. Service Disconnection Restrictions

  1. Restrictions due to Illness (Residential Only)
    Service shall not be discontinued for nonpayment of a bill to a residential consumer who has a serious illness which would be aggravated by said discontinuance, provided that the consumer notifies  GNG of this condition in writing, or orally with written notice within ten (10) days thereafter, and within ten (10) days of giving such initial notice furnishes to  GNG a written statement from a physician, county board of health, hospital, or clinic identifying the illness, its expected duration, and certifying that the illness would be aggravated by such discontinuance.  In such event, the proposed disconnection shall be held in abeyance for the shorter of either the length of the illness or one month from the date of such initial notice, and the consumer may renew the postponement period one additional time by repeating the aforementioned procedure.  If there is a dispute regarding the existence of a serious illness, the case may be referred to the Commission for a final determination.
  2. Seasonal Restrictions (Residential Only)
    During the period from November 15 through March 15, we will not disconnect service for past due amounts if you do the following:
    (a.) Agree in writing to pay the past due balance, including customer charges, in equal installments for a maximum duration beginning with the first billing period after March 15 and concluding prior to the following October 15.
       AND
    (b.) Agree in writing to pay all bills by their due date for current service received after said agreement.

If you do not comply with those agreements and your account becomes delinquent, the service disconnection process will resume. (See section III-10.)

If you desire to enter into a written agreement as set forth above, you must contact GNG prior to disconnection by calling 1-888-807-1297

III-11. Switching Marketers
If you contact GNG before the 15th of the month and ask to be switched to GNG, your gas service should be switched by the beginning of the following month. If you contact GNG on or after the 15th of the month and ask to be switched to GNG, your gas service may not be switched until the second month following your request. You should receive your first GNG bill 45 to 60 days after the switch becomes effective.

You have the right to switch from GNG to another gas marketer at any time by contacting that marketer and requesting to switch your gas service. (See section III-1 regarding terminations charges for fixed price or flat bill plans.)

Whenever you switch to a new marketer, AGLC and your new marketer will process your marketer switch order. GNG is not responsible for delays in switching your service to and from another marketer. You are responsible for all GNG charges incurred until the effective date of your switch to the new marketer.

III-12. Account and Billing Information
It is your responsibility to provide GNG 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 GNG of the changes. GNG 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. You agree that GNG may contact you regarding any matters related to the services provided under these T&Cs and that contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to GNG. You further agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.

III-13. 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. For fixed price or flat bill agreements, see section III-1.

III-14. Extraordinary Events
If an event occurs that delays or makes it impossible for GNG to perform, such as an act of God, extraordinary weather occurrence, a facility outage on the AGLC or interstate pipeline systems, an AGLC 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, GNG may elect to discontinue service immediately, without notice.

III-15.  Limitation of Liability
GNG is not responsible for any losses or damages resulting from any actions/policies associated with AGLC or the interstate pipeline systems, including interruption of service, termination of service, defective service, or operation and maintenance of AGLC’s system or the interstate pipeline systems. Unless specifically authorized by the Natural Gas Competition and Deregulation Act, GNG is not liable for consequential, exemplary or punitive damages.

III-16.  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 PSC guidelines.

IV. BINDING ARBITRATION
IV-1. Purpose
If you have a Dispute (as defined below) with GNG that cannot be resolved informally, you and GNG must arbitrate that Dispute in accordance with the terms of this section IV (the “Arbitration Provision”) instead of litigating the Dispute in court, except for small claims as provided below.  Arbitration means that you will have a fair hearing before a neutral, independent arbitrator instead of in a court by a judge or jury.  The decision of the arbitrator will be final and binding.  Nothing in this Arbitration Provision affects your right to file a complaint with the Georgia Public Service Commission (“PSC”) regarding GNG’s service or charges.

BY ACCEPTING SERVICE FROM GNG YOU HAVE AGREED TO RESOLVE ALL DISPUTES (EXCEPT FOR THE PSC AND SMALL CLAIMS AS PROVIDED BELOW) THROUGH BINDING ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION AND YOU HAVE WAIVED THE RIGHT TO FILE AN ACTION IN COURT.

IV-2. Definitions
As used in this Arbitration Provision, the term “Dispute” means any dispute, claim, or controversy between you and GNG regarding any aspect of your relationship with GNG, including gas service provided by GNG, that has arisen or that may arise in the future, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term “Dispute” also includes any dispute regarding whether a particular controversy is subject to arbitration, including any claim as to the enforceability of this Arbitration Provision.  “Dispute” is to be given the broadest possible meaning that will be enforced.  As used in this Arbitration Provision, “GNG” means SouthStar Energy Services LLC and its officers, directors, employees, members, affiliates and agents and any other party that you may contend is jointly or severally liable with any of the foregoing parties.

IV-3. Informal Dispute Resolution
Most customer concerns can be resolved quickly and informally.  If you have a complaint or a Dispute with GNG you can call our Customer Care Center at 770-850-6200 (inside metro Atlanta) or 1-877-850-6200 (outside metro Atlanta), or write to us at P.O. Box 440667, Kennesaw, Georgia 30160-9512, or email us at customerservice@onlygng.com.  Please provide your service address and GNG account number.  If you are unable to resolve the issue to your satisfaction, you may also contact the Georgia Public Service Commission.

In the unlikely event that GNG or the PSC are unable to resolve a complaint or Dispute to your satisfaction (or if GNG has not been able to resolve a Dispute it has with you after attempting to do so informally), we each agree to resolve all Disputes through binding arbitration by the American Arbitration Association (“AAA”) or, if it is a claim for $15,000 or less, in Magistrate Court.  Any arbitration or Magistrate Court action will be on an individual basis only; class arbitrations and class actions are not permitted.

IV-4. Initiation of Arbitration Proceeding/Selection of Arbitrator

(a)       Notice of Dispute               A party who intends to seek arbitration (whether they have tried to resolve the Dispute informally or not) must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to GNG should be addressed to: Georgia Natural Gas c/o Rogers & Hardin LLP, 2700 International Tower, Peachtree Center, 229 Peachtree Street, N.E., Atlanta, Georgia 30303-1601 (“Notice Address”).  The Notice must (a) describe the nature and basis of the claim or Dispute; and (b) set forth the specific relief sought (“Demand”).  If GNG and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or GNG may commence an arbitration proceeding.  The arbitration will be governed by the AAA Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes, except as modified by these T&Cs. During the arbitration, the amount of any settlement offer made by GNG or by you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or GNG is entitled.  The Notice form is available on GNG's website (www.onlygng.com) or by calling 770-850-6200 (inside metro Atlanta) or 1-877-850-6200 (outside metro Atlanta).

(b) Commencement of Arbitration You may initiate arbitration by filing a Claim Form with the AAA and by sending a copy of the Claim Form to GNG at the address set forth in Section IV-4(a) above.  The Claim Form is available on the AAA website (www.adr.org), on GNG's website (www.onlygng.com) or by calling 770-907-4231 (inside metro Atlanta) or 1-877-427-4321 (outside metro Atlanta). You can complete the Claim Form on the AAA website or you can mail the Claim Form to AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, New Jersey 08403, with a copy to GNG. You do not need to send payment to the AAA. Upon receipt of the Claim Form, GNG will pay the required Arbitration filing fee.

IV-5. Arbitration Procedures
The Federal Arbitration Act (“FAA”), not state arbitration law, will govern the arbitrability of all Disputes.  However, applicable federal law or Georgia law may apply to and govern the substance of any Disputes.  Any state statutes pertaining to arbitration shall not be applicable under this Arbitration Provision.

If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.  If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with GNG.  If this situation arises, the parties shall agree on a substitute arbitration organization.  If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.  GNG will bear the costs and attorneys’ fees associated with such a petition.  If there is a conflict between this Arbitration Provision and the rest of these T&Cs, this Arbitration Provision shall govern.

A single arbitrator chosen by the AAA will resolve the Dispute.  You should know that participating in arbitration may result in limited discovery.  The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.

IV-6. Waiver of Class Actions
ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED.  THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER RECIPIENTS OF GAS SERVICES FROM GNG, OR OTHER PERSONS SIMILARLY SITUATED.  YOU ALSO AGREE NOT TO PARTICIPATE AS A CLASS MEMBER IN ANY SUCH PROCEEDING.

IV-7. Location of Arbitration
The arbitration will take place in the county where you are billed.  If the amount of the claim is $10,000 or less you may choose whether the arbitration takes place in person, by telephone or on written submissions.  If the amount of the claim is more than $10,000 the type of hearing shall be determined by the AAA rules.

IV-8. Payment of Arbitration Fees and Costs
GNG WILL PAY ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS.  YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES (IF YOU CHOOSE TO BE REPRESENTED BY AN ATTORNEY) AND EXPERT WITNESS FEES.  YOU SHALL NOT BE REQUIRED TO REIMBURSE GNG FOR THE FILING FEES AND ARBITRATION COSTS PAID BY IT UNLESS THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, GNG WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY, INCLUDING PAYMENT OF YOUR ATTORNEY’S FEES AND LITIGATION COSTS IF REQUIRED BY APPLICABLE LAW.  IN ADDITION, IF THE ARBITRATION AWARD IS GREATER THAN GNG’S LAST SETTLEMENT OFFER OR IF GNG DID NOT MAKE A SETTLEMENT OFFER, GNG WILL PAY TWICE THE AMOUNT OF YOUR ATTORNEY’S FEES, REIMBURSE THE EXPENSES REASONABLY INCURRED BY YOUR ATTORNEY IN PURSUING YOUR CLAIM AND A $7,500 MINIMUM RECOVERY, PROVIDED, HOWEVER, YOU MAY NOT RECOVER DUPLICATIVE AWARDS OF ATTORNEY’S FEES AND EXPENSES.  ALTHOUGH UNDER SOME LAWS GNG MAY HAVE THE RIGHT TO AN AWARD OF ATTORNEY’S FEES AND EXPENSES IF IT PREVAILS, GNG AGREES NOT TO SEEK SUCH AN AWARD.

IV-9. Exclusion From Arbitration
You and GNG agree that where the amount at issue is a claim within the jurisdiction of the Magistrate Court and is an individual as opposed to a class claim, you or GNG may elect to seek resolution of the Dispute in the Magistrate Court.  You and GNG further agree that any appeal from the Magistrate Court, including a de novo appeal, shall be by binding arbitration pursuant to the provisions of this section IV.  Any such appeal shall be commenced by giving the Notice described in section IV-4(a).  You may also file a complaint with the Georgia Public Service Commission.

IV-10. Continuation
This Arbitration Provision shall survive the termination of your gas service with GNG.

V. CONTACT INFORMATION
If you have any questions or inquiries regarding your gas service, your account or these T&Cs, please contact GNG at the location or number below. GNG will use good faith efforts to resolve any customer complaints.

GNG correspondence mailing address:
Georgia Natural Gas
P.O. Box 440667
Kennesaw, GA 30160-9512
onlygng.com

GNG payment center:
Georgia Natural Gas
Attn: Payment Center
P.O. Box 105445
Atlanta, GA  30348-5445

GNG Customer Care Center:
770-850-6200 (inside metro Atlanta)
1-877-850-6200 (outside metro Atlanta)

To report a gas leak or gas emergency, contact Atlanta Gas Light Company:
770-907-4231 (inside metro Atlanta)
1-877-427-4321 (outside metro Atlanta)

Note: Whenever the Georgia Public Service Commission enacts new rules prior to the publication of revised GNG Terms and Conditions, those rules and GNG’s Disclosure
Statement will supersede this statement. Please be aware that some GNG programs, price plans or offers have special terms and conditions specific to those programs, plans or offers.  Those special terms and conditions will be provided with the appropriate program, price plan or offer.

In addition, from time to time GNG 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 GNG that provide for specific terms of service. In the event of a conflict with these T&Cs, those specific terms will govern.

Disclosure Statement – Residential Customers Only

As required by the Georgia Public Service Commission, Georgia Natural Gas (GNG) provides this Disclosure Statement to consumers when they enroll with GNG and when they request information about the company. The statement also is posted on GNG’s Web site, onlygng.com. This statement contains general information about GNG’s price plans and services, as well as contact information. Consumers also should review GNG’s Terms and Conditions of Service that accompany this Disclosure Statement.

Subject to the right of rescission described below, by initiating service with GNG the consumer agrees to be bound by the terms and conditions as set forth in GNG’s Terms & Conditions of Service and Disclosure Statement, effective February 1, 2013.

A consumer shall have a three-day right of rescission following receipt of this disclosure statement at the time of initiating service or when informed of a change in terms or conditions. You, the consumer, may cancel in writing or electronically by contacting GNG within the three-day period. The consumer is responsible for paying all charges for service received prior to cancellation.

General Disclosures
PRICE PLANS
Variable Price Plans
Under a variable price plan, gas usage is billed at a price per therm that may change or remain the same monthly based on market conditions. The therm rate may include interstate pipeline capacity costs. Many factors influence retail natural gas pricing, including wholesale gas costs, which are impacted by the weather, general market conditions and other factors. GNG sets its prices each month based on the most current available information. GNG cannot predict what its customers will pay for gas in future months.

Customers on a variable price plan may switch to another GNG plan for which they are eligible at no additional charge.

Fixed Plans
Under a fixed price plan, GNG bills customers for gas usage at a fixed price per therm during the term of the agreement. The therm rate may include interstate pipeline capacity costs.  GNG may change the fixed price at any time; however, GNG will use the price in effect when a customer selects a fixed price plan to calculate that customer’s Gas Charge for all service periods with a beginning meter read date during the term of the agreement. For GNG customers who switch from a variable price plan or flat bill plan to a fixed price plan, gas service under the fixed price plan is billed starting with the customer’s beginning meter read date after the date the customer asks to be placed on the plan. (See section III-1 of GNG’s T&Cs for details about fixed price plans.)

Flat Bill Plans
Under a flat bill plan, GNG bills customers for gas service at a set amount for each standard service period during the term of the agreement. A standard service period is 27 to 33 days .  The Flat Bill Charge is based in part upon your historical gas usage at your premises and assumes a normal weather pattern for each year. The Flat Bill Charge includes your AGLC Base Charge, GNG Customer Service Charge, Gas Charge and Interstate Pipeline Capacity Charge (if applicable).  This standard unit price does not include state and local taxes or one-time charges such as connection or late charges. Although Flat Bill Charges may vary by customer based on premises, credit criteria and market conditions at the time of enrollment, your Flat Bill Charge amount will remain the same for all service periods with a beginning meter read date during the term of your agreement. Flat bill plan agreements are not transferrable between customers or premises. The total bill amount on a flat bill plan may be higher or lower than the total bill amount on a variable price or fixed price plan.  For GNG customers who switch from a variable price plan or fixed price plan to a flat bill plan, gas service under the flat bill plan is billed starting with the customer’s beginning meter read date after the date the customer asks to be placed on the plan. (See section III-1 of GNG’s T&Cs for details about flat bill plans.)

Note:  If you have a fixed price or flat bill plan and it is approaching the expiration date, or whenever we propose to change the terms of service in any type of plan , you will receive written notification from us prior to the expiration date of or change to the plan.  We will explain your options to you in this advance notification.

GNG SERVICES
The GNG bill contains an AGLC Base Charge, which is a regulated charge from the utility (AGLC) that is billed through each gas marketer. GNG bills a full base charge regardless of the number of days of service.  For flat bill plan customers, the AGLC Base Charge is included in your Flat Bill Charge.

AGLC maintains and reads customers’ meters and submits to GNG either an actual meter reading or an estimated reading. One of the following meter reading types will be displayed on your bill each month: actual, estimated or no reading. GNG will not send estimated bills except when actual meter readings are not available. In that event, estimated billings will be limited to no more than two consecutive months.

If a customer’s account becomes past due by $30 or more, GNG bills the customer a late charge of 1.5% of the unpaid amount, with a minimum charge of $10. GNG may discontinue service to the customer’s premises if payment is not received by the due date on the bill. If a customer establishes new service at a premises or reestablishes service that has been disconnected, GNG will assess the customer a $60 Service Reconnection Charge, of which $25 is a pass-through charge from AGLC. If a customer breaches a fixed price or flat bill plan, GNG may assess the customer an early termination charge.

A description of charges is contained in section I-2 of GNG’s Terms and Conditions of Service.

GNG offers a budget payment plan on eligible price plans that establishes a budgeted monthly payment based on a customer’s estimated cost of service over 12 service periods. Periodically, GNG calculates the difference between the total budgeted amount the customer has paid and the actual charges for that period. GNG then uses this difference, or variance, to calculate the customer’s new monthly payment for the next budget period.

Payment under all price plans is due in full on or before the due date shown on the bill. Customers may use the following payment methods:

  • Online through your checking or savings account
  • Check or money order via the mail
  • Automatic bank draft
  • Payment stations
  • Pay by phone

GNG reserves the right to add, change, limit or terminate payment options at any time.  (See section III-5 of GNG’s T&Cs for details about payment options.)

When a customer establishes or reestablishes service, GNG may require a deposit based on credit criteria and/or payment history. Deposits shall not exceed $150 for any residential consumer. (See sections III-6 and III-7 in GNG’s T&Cs for details.)

GNG will notify a consumer that gas service will be disconnected for nonpayment at least 15 days prior to the disconnection date. Prior to requesting disconnection of gas service for failure to pay, GNG will offer the consumer at least one reasonable payment arrangement in writing. If an arrangement is made, GNG will provide written details of the arrangement to the consumer by mail. If a consumer defaults on a payment arrangement, GNG reserves the right to deny future payment arrangements. If a consumer qualifies, GNG will accept LIHEAP or other energy assistance funds.

Gas service will not be disconnected for nonpayment of a bill that GNG did not send to the customer in a timely manner. If gas service is shut off for nonpayment, a customer must pay all past due amounts, a Service Connection Charge of $60, and a service deposit of $150 before service is restored with GNG. In addition, the customer’s future eligibility for price plans may be limited, and the customer may incur higher charges.

GNG will not prevent a consumer from obtaining distribution and commodity sales service from another marketer or provider. GNG will not charge a cancellation fee if the consumer is a low-income residential customer who notifies GNG that he or she is switching in order to seek service for the first time from the regulated provider. Please contact GNG to avoid the cancellation charge or have it waived.

To register a complaint, a customer should first contact GNG by mail at the GNG correspondence address below; by phone at the GNG Customer Care Center numbers listed below; by fax at 877-281-5775; by e-mail at customerservice@onlygng.com; or online at onlygng.com. If a consumer is unable to resolve the issue to his or her satisfaction, the consumer also may contact the Georgia Public Service Commission at the numbers listed below. Consumers also may contact the Consumers’ Utility Counsel Division of the Governor’s Office of Consumer Affairs at the numbers listed below.  Also see section IV of the Terms and Conditions of Service regarding Binding Arbitration of disputes.

 

Georgia Public Service Commission
Office of Consumer Affairs  
244 Washington St., SW, Atlanta, GA 30334
404-656-4501 (inside metro Atlanta)
1-800-282-5813 (outside metro Atlanta)
Fax: 404-656-2341
E-mail: gapsc@psc.state.ga.us
psc.state.ga.us

Consumers’ Utility Counsel Division
Governor’s Office of Consumer Affairs
2 Martin Luther King, Jr. Dr., Ste 356
East Tower, Atlanta, GA 30334
404-651-8600 (inside metro Atlanta)
1-800-869-1123 (GA - outside Atlanta)
Fax: 404-651-9018
state.ga.us/gaoca

To contact GNG:
GNG correspondence mailing address:
Georgia Natural Gas
P.O. Box 440667
Kennesaw, GA 30160-9512
onlygng.com

To report a gas leak or emergency:
Atlanta Gas Light Company
770-907-4231 (inside metro Atlanta)
1-877-427-4321 (outside metro Atlanta)

GNG Customer Care Center:
770-850-6200 (inside Atlanta)
1-877-850-6200 (outside metro Atlanta)
GNG Payment Center 
Georgia Natural Gas
Attn: Payment Center 
P.O. Box 105445, Atlanta, GA  30348-5445

For information regarding heating assistance:
Energy Assistance Program
Dept. of Human Resources, Constituent Services
2 Peachtree St., NW, Suite 18-486
Atlanta, GA 30303
1-800-869-1150
Fax: 404-657-4480

© SouthStar Energy Services, LLC 2013
February 1, 2013
GNG-0933

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