What if I switch and my power goes out, or I have a problem with my lines? Who do I contact?

You will always be with your local Utility Company. There are two (2) portions of your bill one (1) is The Supply side and the other is the delivery. Your local Utility Company sometimes referred to as the Local Distribution Company (LDC) is responsible for the delivery of your energy and the maintenance of your supply lines. Should you have any problems you would still contact your LDC and they will provide the same reliable service you have enjoyed over the years. Lexington will only provide the supply portion of your bill.

Is my Utility Company going to give me subpar service because I switched suppliers?

Absolutely not. Your LDC generates the majority of its' revenues from the delivery portion of the business. In that regard some LDC's do not make any profit on the supply side because of Federal/State rate caps and regulation. They are indifferent to the supply of your energy, in fact if you examine your bill carefully it clearly states the "Price to compare "should you choose to switch suppliers.

How do I know the new supplier is reliable?

Lexington is an established ESCO that is registered with the Federal Energy Regulatory Commission (FERC). FERC is part of the Federal Government and is the governing body of the entire USA's Energy industry. In addition Lexington is partnered with the appropriate utility companies in your particular area and listed on their websites as approved suppliers.

Once I decide to switch suppliers how long will the process take and what should I expect?

It will take at least thirty (30) days for the switch to be completed. Your LDC will do a last meter read and Lexington will start the billing process from there. There will be no interruption or overlap of service.
1.Agreement to Sell and Purchase Energy. This is an agreement between Lexington Power and Light, LLC ("Lexington"), an independent energy services company, and the undersigned customer ("Customer") under which Customer shall initiate natural gas and/or electricity service and begin enrollment with Lexington (the "Agreement"). Subject to the terms and conditions of this Agreement, Lexington agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas and/or electricity, as estimated by Lexington, necessary to meet Customer's requirements based upon consumption data obtained by Lexington or the delivery schedule of the Local Distribution Utility (the "LDC"). Lexington is not affiliated with and does not represent the LDC. The amount of natural gas and/or electricity supplied under this Agreement is subject to change based upon data reflecting Customer's consumption obtained by Lexington or the LDC's delivery schedule. The LDC will continue to deliver the natural gas and/or electricity supplied by Lexington.

2.Term. For Variable Rate service this Agreement shall commence as of the date Customer's notice regarding the change of Customer's provider to Lexington is deemed effective by the LDC, and shall continue for one month days thereafter (the "Initial Term"). Unless otherwise agreed to, upon completion of the Initial Term, this Agreement will renew on a month-to-month basis with a monthly variable rate methodology with no change to the remaining terms. (the "Renewal Term"). While receiving service on a month-to-month basis, either party may cancel or terminate this Agreement by providing 30 days' advance written notice of termination to the other party.

For Fixed Rate service this Agreement shall commence as of the date Customer's notice regarding the change of Customer's provider to Lexington is deemed effective by the LDC, and shall continue for 12 months thereafter (the "Initial Term"). Unless otherwise agreed to, upon completion of the Initial Term, this Agreement will renew on a month-to-month basis with a monthly variable rate methodology with no change to the remaining terms (the "Renewal Term"). At least 30 days and no more than 60 days prior to the renewal date, Lexington will notify Customer in writing of the terms of renewal of this Agreement and of the Customer's right to renew, reject or renegotiate this Agreement. While receiving service on a month-to-month basis, such notification will be provided only for the first renewal occurring at the end of the Initial term, and Customer or Lexington may cancel or terminate this Agreement by providing 30 days' advance written notice of termination to the other party.

3.Pricing, Billing, and Termination. Unless otherwise agreed to in writing, the price for all natural gas sold under this Agreement shall be a [ ] variable price which each month shall reflect the wholesale cost of natural gas (including commodity, capacity, storage and balancing), transportation to the Delivery Point, and other market-related factors, plus all applicable taxes, fees, charges or other assessments and Lexington's costs, expenses and margins; [ ] NYMEX plus $______ adder that varies each month or [ ] a fixed price of ________ per Therm plus, in each case, all applicable taxes. Unless otherwise agreed to in writing, the price for all electricity sold under this Agreement shall be a variable price which shall each month reflect the cost of electricity obtained from all sources (including energy, capacity, settlement, ancillaries), related transmission and distribution charges and other market-related factors, plus all applicable taxes, fees, charges or other assessments and Lexington's costs, expenses and margins; or [ ] a fixed price of ____ per kWh, plus in each case, all applicable taxes.

For fixed price service if usage in any month exceeds the level of usage in the same month in the previous year ("Base Load") by twenty five percent or more, the Customer will be charged a variable price for all usage in excess of the Base Load and the fixed price for usage up to the Base Load. If the usage in any month falls by twenty five percent or more below the Base Load, the Customer will be charged the fixed price for all usage and shall be charged for hedging, cash out costs, settlement or balancing costs related to the positive difference between the Base Load and actual consumption. If there is a material adverse change in the business or financial condition of Customer (as determined by Lexington at its discretion) or if Customer fails to meet its obligations under this Agreement or pay or post any required security deposit, then, in addition to any other remedies that it may have, Lexington may terminate this Agreement upon 15 days' written notice to Customer. If Customer terminates this Agreement prior to the end of the Initial or Renewal Term or if Lexington terminates this Agreement due to Customer's breach, the Customer shall pay Lexington , in addition to any other applicable charges, a cancellation fee equivalent to the multiplication of the (i) difference between the fixed price set forth in this Agreement and the calculation by Lexington of the fixed price at the date of termination; and (ii) the estimated volumes for the remainder of the Initial or Renewal Term, as applicable, using the actual volumes received by Customer for the prior 12 month period as the volumes used in determining damages. Notwithstanding the foregoing, for all residential customers and commercial customers solicited through door-to-door marketing, the early termination fee will be no greater than $100 if the remaining term is less than 12 months and $200 if the remaining term is 12 months or more.

Lexington will invoice Customer monthly for natural gas and/or electricity supplied under this Agreement, as measured by the LDC, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. Customer may receive a single bill for both commodity and delivery costs from either Lexington or the LDC, or each of the LDC and Lexington may invoice Customer separately. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) in accordance with procedures adopted by the New York State Department of Public Service (the "DPS"). Lexington may assign and sell Customer accounts receivable to the LDC. In the event of failure to remit payment when due by a residential customer, Lexington may terminate commodity service and seek suspension of distribution service in conformance with the Home Energy Fair Practices Act ("HEFPA"). Failure by a commercial customer to make full payment of Lexington charges due on any consolidated bill prepared by the LDC for Lexington will be grounds for disconnection of utility services in accordance with NYPSC rules and regulations on the termination of service to non-residential customers, 16 NYCRR Section 13.3. A $30 fee will be charged for all returned payments.

4.Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Lexington. Lexington may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program, and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by the DPS.

5.Information Release Authorization. Customer authorizes Lexington to obtain and review information regarding Customer's credit history from credit reporting agencies and the following information from the LDC: consumption history; billing determinants; account number; credit information; public assistance status; existence of medical emergencies, status as to whether Customer has a medical emergency, is human needs, elderly, blind or disabled and data applicable to cold weather periods under PSL § 32 (3); and information pertaining to PSL § 33, tax status and eligibility for economic development or other incentives. This information may be used by Lexington to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer's execution of this Agreement shall constitute authorization for the release of this information to Lexington. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Lexington or by calling Lexington at 1.888.674.6768. Lexington reserves the right to cancel this Agreement in the event Customer rescinds the authorization.

6.Consumer Protections. The services provided by Lexington to Customer are governed by the terms and conditions of this Agreement and HEFPA for residential customers. Lexington will provide Customer 15 days' notice prior to the cancellation of service to Customer. In the event of non-payment of any charges owed to Lexington, a residential Customer may be subject to termination of commodity service and the suspension of distribution service under procedures approved by the DPS. Customer may obtain additional information by contacting Lexington at 1.888.674.6768 or the DPS at 1-800-342-3377, or by writing to the DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223, or through its website at: http://www.dps.state.ny.us. You may also contact the Department for inquiries regarding the competitive retail energy market at 1.888.697.7728.

7.Cancellation. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting Lexington at 1.888.674.6768 or in writing. Customer is liable for all Lexington charges until Customer returns to the LDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading.

8.Agency-Gas. Customer hereby designates Lexington as agent to; (a) arrange and administer contracts and service agreements between Customer and Lexington and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer's natural gas supplies from the Sales point to the Delivery Points, and with the LDC for the transportation of the Customer's natural gas supplies from the Delivery Points to the Customer's end-use premises; and (c) aggregate Customer's natural gas supplies with such supplies of other customers served by Lexington to maintain qualification for LDC transportation service and resolve imbalances that may arise during the term of this Agreement. Lexington as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer's city gate requirements as established by the LDC and in response to information provided by the LDC. The Sales Points for the natural gas supplies provided under this Agreement will be a point or points located outside the State of New York as selected from time to time by Lexington to assure service reliability. The Delivery Points for the natural gas transported by interstate pipelines will be the city gate stations of the LDC. Lexington agrees to arrange for the transportation of the natural gas supplied under this Agreement from the Sales Points to the Delivery Points and from the Delivery Points to the Customer's end-use premises. These services are provided on an arm's length basis and market-based compensation is included in the price noted above.

Agency-Electric: Customer hereby designates Lexington as agent to; (a) arrange and administer contracts and service agreements between Customer and Lexington and those entities including the New York Independent System Operator ("NYISO") engaged in the generation, transmission and delivery of Customer electricity supplies; and (b) nominate and schedule with the appropriate entities including the LDC for the delivery of electricity to the Sales Point and the Customer's end-use premises. Lexington as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer's requirements as established by the LDC and in response to information provided by the LDC. The Sales Points for the electricity will be a point at the NYISO Lexington load bus (located outside of the municipality where Customer resides).These services are provided on an arm's length basis and market-based compensation is included in the price noted above.

9.Title. Customer and Lexington agree that title to, control of, and risk of loss to the natural gas supplied by Lexington under this Agreement will transfer from Lexington to Customer at the Sales Point(s).

10.Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Lexington. Lexington makes no representations or warranties other than those expressly set forth in this Agreement, and Lexington expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.

11.Force Majeure. Lexington will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Lexington does not guarantee a continuous supply of natural gas and/or electricity to Customer. Certain causes and events out of the control of Lexington ("Force Majeure Events") may result in interruptions in service. Lexington will not be liable for any such interruptions caused by a Force Majeure Event, and Lexington is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDC (including, but not limited to, a facility outage on its gas distribution lines or electric facilities), changes in laws, rules, or regulations of any governmental authority or any other cause beyond Lexington's control.

12.Liability. The remedy in any claim or suit by Customer against Lexington will be solely limited to direct actual damages (which will not exceed the amount of Customer's single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Lexington or Customer be liable for consequential, incidental, indirect, special or punitive damages. These limitations apply without regard to the cause of any liability or damages. There are no third-party beneficiaries to this Agreement.

13.Lexington Contact Information. Customer may contact Lexington's Customer Service Center at 1.888.674.6768, Monday through Friday 8:00 a.m. - 8:00 p.m. EST (contact center hours subject to change). Customer may write to Lexington at: 601 Portion Road, Ronkonkoma, N. Y. 11779.

14.Dispute Resolution (Residential). In the event of a billing dispute or a disagreement involving Lexington's service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Lexington by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the DPS pursuant to its Complaint Handling Procedures ("Procedures") or calling the DPS at 1.800.342.3377. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of DPS.

Dispute Resolution (Commercial). In the event of a billing dispute or disagreement involving Lexington's service, Customer should contact Lexington's Customer Service Center as provided above. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute. If the parties cannot resolve the dispute within 45 days, either party may avail itself of all remedies available under law or equity. The DPS will not resolve Non Residential disputes associated with the services provided under this Sales Agreement. However, the DPS will monitor inquiries and contacts from Non-Residential customers regarding energy service companies and an excessive number of confirmed complaints may result in an energy service company no longer being eligible to supply natural gas or electricity in New York State. The DPS Office of Consumer Services can be reached at: New York State Public Service Commission, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223; or by visiting www.dps.state.ny.us.

15.Choice of Laws. Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles.

16.Taxes and Laws. Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Agreement, other than taxes based on Lexington's net income, shall be paid by Customer, and Customer agrees to indemnify Lexington and hold Lexington harmless from and against any and all such taxes.

17.Regulatory Changes. This Agreement is subject to present and future legislation, orders, rules, regulations or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure ("Regulatory Change") which impacts any term, condition or provision of this Agreement including, but not limited to price, Lexington shall have the right to modify this Agreement to reflect such Regulatory Change by providing 30 days' written notice of such modification to the Customer.

18.Emergency Service. The LDC will continue to respond to leaks and emergencies. In the event of a gas leak, service interruption or other emergency, Customer should immediately call the LDC at Con Edison 1-800-75CONED; Orange and Rockland at 1.877.434.4100; KeySpan 718.643.4050 (NYC) and 1.800.490.0045 (Long Island); Niagara Mohawk at 1.800.892.2345; Central Hudson at 1.800.527.2714; RG&E at 1.800.743.1701; NYSEG at 1.800.527.2714; National Fuel at 1.800.444.3130and emergency personnel. Customer should then call Lexington at: 1.888.674.6768.

19.Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.

Customer and Lexington have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.

In the case of telephonic or electronic enrollment execution shall be deemed provided pursuant to the methods authorized under the New York Uniform Business Practices.

1. Introduction

This is a voluntary Statement of Principles (Principles) for marketing retail energy (natural gas and electricity) to residential and small business customers. The Retail Energy Providers (REPs) and Energy Services Companies (ESCOs) adopting these Principles do so to reflect their desire to provide fair disclosure in marketing energy to customers. The Principles are not a substitute for the mandatory provisions of the New York Uniform Business Practices (UBP) or any law or order by which ESCOs or REPs are bound. Instead, it is intended that these Principles will help:
  • Protect customers participating in the deregulated energy market
  • Build and maintain customer confidence in the retail energy industry
  • Promote the effective transition to full retail energy competition
  • Enhance efficient retail market operation by clarifying standards and promoting reliable service
  • Facilitate ongoing cooperation between the retail energy industry, regulators and customers
  • Raise awareness of and promote compliance with the provisions applicable to the marketing of retail energy in the UBP
  • REPs and ESCOs remain flexible and responsive to changing patterns of customer behavior and the changing nature of the energy industry

2. Living Document

This Statement of Principles is designed to remain an organic document that may be voluntarily modified by REPs and ESCOs to address changes in marketing practices and conditions.

3. Training of Marketing Representatives

REPs and ESCOs shall take reasonable steps to ensure that their training of marketing representatives includes awareness of these Principles, the New York UBP, customers right to choose a retailer, knowledge of the REP/ESCO products and services and the ability to explain product and service offers being made by the marketing representative.

4. Personal Contact with Customers

4.1 In person contact with Customers
Representatives of REPs/ESCOs adopting these Principles who engage in in-person negotiations with customers held somewhere other than the REP's/ESCO's place of business, which may lead to a contract for the sale of energy, will on first entering into negotiations and upon request produce identification which indicates the full name of the marketing representative, shows a photograph of the marketing representative, does not depict the utility name or logo, states the name of the REP/ESCO represented by the marketing representative, includes the business address of the REP/ESCO, provides the REP/ESCO telephone number for inquiries, verification and complaints. In addition, the marketing representative will leave the premises upon the request of the occupant or owner of the premises or any person with whom the negotiation is conducted.

4.2 Telephone contact with Customers
Representatives of REPs/ESCOs adopting these Principles who engage in negotiations with a customer by telephone, which may lead to a customer entering a contract will provide the first name and, on request, the operator identification number of the marketing representative making the telephone call, state the name of the REP/ESCO on whose behalf the call is being made and will not represent that the REP/ESCO is acting on behalf of the utility and state the purpose of the telephone call.

5. Conduct

Recognizing that it is in the interests of both customers and REPs/ESCOs that customers understand and consent to the terms on which they are being offered services, REPs/ESCOs adopting these Principles shall not engage in misleading or deceptive conduct, nor make false or misleading representations. They shall use words and images that facilitate customer understanding of REP/ESCO products and services, use reasonable efforts to provide accurate and timely information about services and products and ensure that any product or service offerings that are made by a REP/ESCO contain information that is designed to be understood by the customer.

6. Dispute Resolution

REPs/ESCOs adopting these Principles shall maintain an internal process for handling customer complaints and resolving disputes arising from marketing activities.

New York State Public Service Commission

Your Rights as an Energy Service Company Consumer
ESCO Consumers Bill of Rights

Customers can purchase energy from an Energy Services Company Consumer ESCO Consumers Bill of Rights
Customers can purchase energy from and Energy Services Company (ESCO) or from a traditional utility. If you choose to purchase energy from an ESCO you are entitles to:
  • A clear description of the services offered by the ESCO
  • Receive energy delivery and 24 hour emergency services from your utility company
  • Clear procedures for switching energy suppliers, including information about the enrollment process
  • Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including:
    • Price and all variable charges or fees
    • Length of agreement
    • Terms for renewal of the agreement
    • Cancellation process and any termination fees, which are limited by law
    • Conditions, if any, under which the ESCO guarantees cost savings
  • Rescind and agreement with an ESCO within three days of receiving the agreement, if you are a residential customer
  • A description of how pre-payment agreements work, if offered
  • Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have a customer
  • A fair and timely complaint resolution process
  • Provision of any written documents (contracts, marketing materials, and this ESCO Consumer Bill of Rights), in the same language used to enroll you as a customer
If you are a residential customer you are entitled to the rights and protections of the Home Energy Fair Practices Act (HEFPA) which requires that all utility customers be treated fairly with regard to application for service, customer billing, and complaint procedures. For more information, go to http://www.dps.state.ny.us/resright.html.

You can find more information about your energy alternatives by visiting www.askpsc.com.

ESCOs that do not assure these customer rights could lose their eligibility to provide service in New York. Please report any complaints to the Department of Public Service at 1-800-342-3377 (8:30am-4:00pm), by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, or online at http://www.dps.state.ny.us.

Privacy Policy

This Privacy Policy governs the manner in which Lexington Power & Light collects, uses, maintains and discloses information collected from users (each, a "User") of the www.lexpl.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Lexington Power & Light.

Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information
Lexington Power & Light may collect and use Users personal information for the following purposes:
  • To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To send periodic emails
We may use the email address to send them information and updates pertaining to their order. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.
How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Changes to this privacy policy
Lexington Power & Light has the discretion to update this privacy policy at any time. When we do, we will send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Lexington Power & Light
www.lexpl.com
601 Portion Road Ronkonkoma, NY 11779
(888) 674-6768
info@lexpl.com


This document was last updated on July 03, 2012