BBBOnLine Reliability Profile: Texpo energy
Company/Organization Information: 7660 Woodway Dr
#471A
Houston, TX 77063
Phone: 713-358-8510
Fax: 713-358-8508
Email: andrea.loveless@texpoenergy.com
Description of Product & Services Offered:
Company Website(s) www.texpoenergy.com
Business Start Date: 3/16/2006
Bureau Join Date: 4/16/2007
Company Management: Negin Tagrizi (Managing Partner)
Customer Service Contact: Negin Tagrizi (Managing Partner)
Phone: 713-358-8510
Email: andrea.loveless@texpoenergy.com
As a BBBOnLine Reliability Participant, this company is a member of the Better Business Bureau, and meets all BBB membership standards. It also complies with BBBonLine standards including the Code of Online Business Practices. The company has agreed to work with its customers and the BBB to resolve complaints that might arise. Should you have a problem with the business, use the form at www.bbb.org to tell us. As a matter of policy, the Better Business Bureau does not endorse any product, service or company. BBB reports are provided solely to assist you in your own best judgment. BBB reports are subject to change at any time.

At Texpo Power, LP
Yahoo Map
7660 Woodway Dr., Ste. 471-A
Houston, TX 77063

The BBB reports on members and non-members. If a company is a member of the BBB, it is stated in this report.

Original Business Start Date: 03/16/06
Type of Entity: Partnership
Principal: Negin Tabrizi, Managing Partner
Phone Number: 713-358-8510
Fax Number: 713-358-8508
Email Address: info@texpoenergy.com
Web Site Address: www.texpoenergy.com
Membership Status: This company is not a BBB member
Type of Business: Electric Companies

NATURE OF BUSINESS

This company provides retail electric services.

CUSTOMER EXPERIENCE

The Bureau processed no complaints about this company since the firm's BBB file was opened in April of 2007.

COMPANY MANAGEMENT

Additional company management personnel include:
Andrea Loveless, Staff Counsel.

REPORT DATE: 05/18/2007

COPYRIGHT DATE: 2007 BBB of Metropolitan Houston

The information in this report has either been provided by the company, or has been compiled by the Bureau from other sources.

STANDARD DISCLAIMER

As a matter of policy, the Better Business Bureau does not endorse any product, service, or company. BBB reports generally cover a three-year reporting period, and are provided solely to assist you in exercising your own best judgment. Information contained in this report is believed reliable but not guaranteed as to accuracy. Reports are subject to change at any time.

, LP d/b/a Texpo Energy (REP License #10126), we understand that Texans face a unique challenge when it comes to understanding retail electric providers (REPs). And we are here to help you understand! Texpo Energy is a REP with superior customer service and some of the best rates available. Servicing Houston to Dallas and almost any other place you can think of in the Lone Star State.

Providing smart plans for Residential and Business customers, both large and small.

http://www.texpoenergy.com/

http://www.bbbonline.org/

Original Business Start Date: March 2006
Principal: Ms. Negin Tagrizi, Managing Partner
Customer Contact: Ms. Andrea Loveless, Counsel
Email Address: customer.care@texpoenergy.com
TOB Classification: Electric Companies, Public Utility Consultants
BBB Membership: This company is a member.

BBB Membership Status

This company has been a member of this Better Business Bureau since April 2007. This means it supports the Bureau's services to the public and meets our membership standards.

Program Participation
This company has agreed to use special procedures including arbitration


BBB Definition:

arbitration - http://www.dr.bbb.org/ComSenseAlt/bindArb.asp

, if necessary, to resolve disputes through their participation in the following programs: Membership Identification


BBB Definition:

Membership Identification - A BBB program that allows members to identify themselves as BBB members in off-line media when the member signs a formal commitment to resolve disputes, if necessary, through arbitration.

, BBBOnLine


BBB Definition:

BBBOnLine - A national BBB dispute resolution program offered to companies who transact business via the Internet and allows the company to display the BBBOnLine Reliability Seal. Refer to https://www.bbbonline.org/reliability/Rel_EN.asp for a fuller description of the program and eligibility requirements.

, BBB Care


BBB Definition:

BBB Care - A national BBB dispute resolution program. BBB CARE is a customer assistance program designed to help businesses and their customers resolve problems through mediation


BBB Definition:

mediation - http://www.dr.bbb.org/ComSenseAlt/MedRules.asp

techniques and, if necessary, arbitration. Grown out of decades of BBB dispute resolution experience, and drawing on the experience of over 2,000 BBB arbitrators, mediators and staff, BBB CARE provides businesses and their customers with the chance to quickly address disputes at low cost and without the need to engage attorneys or the legal system. More information can be found at http://www.dr.bbb.org/programs/care.asp.

.

Nature Of Business

This company offers Retail Electric Service.

Customer Experience

Based on BBB files, this company has a satisfactory record


BBB Definition:

satisfactory record - A business identified in our report as satisfactory has, based on Bureau files, been in business for at least one year, and has voluntarily provided the Bureau with all information requested about the business and its product or service. If any complaints have been received about the business, their number has not been considered by the BBB to be extreme, given the nature of the company's business and the volume of business transacted. Complaints are also generally typical of what might be expected for this type of business. A business stated to be satisfactory has not been the subject of any recent law enforcement actions concerning its dealings with the public. If the business has been contacted by the BBB about its advertising or selling claims, it has modified or substantiated its practices to the Bureau's satisfaction. In addition, the BBB has a clear understanding of the company's business, and the business is not in an industry which has raised significant marketplace concerns.

with the Bureau. A satisfactory record


BBB Definition:

satisfactory record - A business identified in our report as satisfactory has, based on Bureau files, been in business for at least one year, and has voluntarily provided the Bureau with all information requested about the business and its product or service. If any complaints have been received about the business, their number has not been considered by the BBB to be extreme, given the nature of the company's business and the volume of business transacted. Complaints are also generally typical of what might be expected for this type of business. A business stated to be satisfactory has not been the subject of any recent law enforcement actions concerning its dealings with the public. If the business has been contacted by the BBB about its advertising or selling claims, it has modified or substantiated its practices to the Bureau's satisfaction. In addition, the BBB has a clear understanding of the company's business, and the business is not in an industry which has raised significant marketplace concerns.

means a company has been in business for at least 12 months, and properly addressed matters referred by the Bureau. The company does not have an unusual volume of complaints, or any government actions involving its marketplace conduct. The Bureau understands and has no concerns about the company's products, services and type of business.

The Bureau processed a total of 0 complaints about this company in the last 36 months, our standard reporting period.

TERMS OF SERVICE AGREEMENT
TEXPO POWER, LP D/B/A TEXPO ENERGY - PUCT CERTIFICATE #10126
BUSINESS PARTNERS FIXED E-PLAN FOR TEXAS BUSINESSES WITH
PEAK DEMAND OF LESS THAN 50KW
VERSION NUMBER: BUSPFIXTXP032608A
1.1. Introduction. This document (your “Terms”) provides the terms and conditions
of your purchase of electricity service from Texpo Power, L.P., d/b/a Texpo Energy
(“Texpo”) for the meters listed in your REP Switch Authorization (“RSA”) (the
meter(s) you have listed for enrollment for service through Texpo’s website
enrollment process or through Texpo’s written enrollment process) if Texpo elects
to become your electricity provider. Your agreement (“ESA” or “Agreement”)
includes the Electricity Facts Label, the RSA, and these Terms. This version of
Texpo’s Terms (Version No: BUSPFIXTXP032608A) applies to all commercial
customers who submitted applications (or signed up for electric services) under
Texpo’s plan entitled “Business Partners Fixed E-Plan for Texas Businesses with
Peak Demand of Less than 50KW” on or after March 1, 2007.
2.1. Authorizations. Texpo will act as your retail electric provider (“REP”) for all
purposes with respect to the accounts/meters served hereunder. You authorize
Texpo to take such action(s) as Texpo deems necessary to serve as your REP,
and designate Texpo as an authorized recipient of certain information that Texpo
needs to provide you with electricity service, such as your address, phone number,
account numbers, and historical billing and usage information. Texpo may research
your credit history. Texpo shall have no responsibility for payment of any
outstanding debts owed by you to previous REPs, and you may not withhold
payments to Texpo pending any refunds or other settlements from your previous
REPs.
2.2. Service Characteristics. Starting on the earliest achievable Utility Transfer
Date (as defined in this Section 2.2 below) after the date you sign the RSA
(“Effective Date”), and throughout this ESA’s duration, Texpo shall sell and deliver,
or cause to be delivered, to you, and you shall purchase and receive, or cause to
be received, from Texpo, all of your electricity requirements in accordance with this
ESA. “Utility Transfer Date” means the first day on which Texpo causes the
delivery of electric energy and capacity (“Electricity”) to you at your meter(s). Texpo
will provide your Electricity in accordance with your existing connection and service
requirements unless you request a change by the Transmission and Distribution
Service Provider (“TDSP”) and pay for the cost of that change. You shall not resell
the Electricity furnished hereunder (or use it as an auxiliary and supplement to any
other power-source). REPs do not fully control the date on which your meter(s) are
switched to and from other REPs. Accordingly, Texpo is not liable for, nor is it able
to commit to, an exact date for the commencement and cessation of service with
Texpo. Accordingly, when and if you or Texpo terminate this ESA as may be
permitted under these Terms, Texpo will attempt to cause your meters to be
switched from Texpo on their next possible monthly meter-read date (within the
meter-read cycle). In any event, without limitation to Section 14.4 of these Terms,
this ESA shall therefore continue in effect until the time at which Texpo no longer
serves your meter.
2.3 Pricing.
(A) Charges: Your monthly bill will itemize the following charges for your
convenience: energy charge, TDSP monthly customer charge, any non-recurring
TDSP charges, Texpo’s monthly customer charge, all applicable taxes, and any
additional permitted charges. The prices you will pay for your Electricity shall equal
the sum of (i) the fixed energy price set forth in Section 5 of the RSA, plus, (ii)
pass-through of all costs and fees incurred by Texpo from the TDSP, the Electricity
Reliability Council of Texas (“ERCOT”) and the Public Utility Commission of Texas
(“PUCT”) with respect to your electricity service; plus (iii) a fixed, minimum monthly
customer service charge of $8.00 for each meter or Electric Service Identifier (“ESI
ID”); plus (iv) all applicable Taxes as set forth in Section 2.5 below as well as any
late fees or other items that are applicable pursuant to the ESA, any of which may
be included on your invoices. The fee for failure to process due to insufficient funds
for checks and bank drafts is $75.00.
(B) Estimated Charges: Texpo may bill you for good faith estimates of charges for
(i), (ii), and (iv) of Section 2.3(A) if actual meter readings and charges to Texpo for
such are not available when Texpo prepares your invoice, except as limited by the
Texas PUC’s applicable Customer Protection Rules (“Customer Rules”). When
estimated charges are included on your invoice, they shall be reconciled against
actual charges as available information permits.
A one time service charge of $3.50 is incurred for additional copies of your bill,
duplicate bills, credit reference letters, and disconnect notices.
2.4. Exclusivity. Throughout this ESA’s duration, you represent, warrant and
covenant that there is (or will be) no other contract for the purchase of Electricity by
you at the delivery point(s); or, if such a contract exists, that it will terminate prior to
the delivery of Electricity to you under this ESA.
2.5. Taxes. You are liable for and shall pay all taxes (“Taxes”) applicable to the
sale of Electricity incurred by Texpo for your account. These Taxes include but are
not limited to reimbursement to Texpo for Texpo’s gross receipts, privilege, sales,
use, special assessment, excise and other taxes, as applicable (other than taxes
based on net income or net worth), franchise fees, administrative fees assessed by
municipalities, fees and assessments charged by a governmental entity or
authority. If you are tax exempt, it is your responsibility to provide Texpo with the
documentation needed to prove your tax exempt status. Even if tax exempt, you
will be responsible for gross receipts taxes and PUC assessments.
2.6. Metering. The supply of Electricity under this ESA will be measured at the
delivery point(s) by the applicable TDSP in accordance with the terms of the
TDSP’s applicable tariff. You and Texpo will be bound by the TDSP’s
measurements.
3.1. Termination by Customer and Fees. The “Term” of your contract is as
specified in Section 4 of your RSA.
(A) Permitted Early Termination. Texpo may terminate your ESA immediately
without further notice if you fail to make a payment in full when due (by the Past
Due Date as defined below in Section 5.1 below) and such failure is not remedied
within 10 days prior notice, and either party may also terminate this ESA
immediately upon written notice if the other party fails to perform an obligation
under this ESA, except in the case of Force Majeure (as defined in Section 9.1
below), and the failure is not remedied within 14 days of notice.
(B) Payments Due for Early Termination in Breach: After three days from the
date on which this ESA is executed, your payment of damages to Texpo for
termination of this ESA in violation of this ESA (or for any termination resulting from
your breach of this ESA) shall be equal to the total price of Electricity paid by you
hereunder in cents per kWh multiplied by your highest monthly usage during the
last twelve months multiplied by the remaining months in the Term, not to exceed
three (3) months if your remaining Term is 12 months or less, and not to exceed six
(6) months if your remaining Term is 13 months or more; provided, however, that
such early termination fee shall not be less than $125.00.
(C) Survival of Charges and Other Fees: Notwithstanding any other provision to
the contrary, regardless of the reason for this Agreement’s termination, until paid in
full, you will continue to remain liable for (a) all energy services obtained up
through the time at which Texpo no longer serves your meter, and (b) payment of
all other fees and charges permitted hereunder. If you fail to make any payments
due under this ESA, and if this ESA is placed in an attorney’s hands for collection,
you agree to pay such reasonable attorney’s fees and court costs as may be
incurred or awarded by any court or other dispute resolution forum, as applicable.
Texpo’s termination of this ESA shall be in addition to any and all other remedies
available in this ESA or under applicable rule, law or equity.
4.1. Credit and Deposits Required. Texpo may check your credit and require a
deposit subject to applicable law and rules, in which you grant Texpo a first priority
security interest to secure your payment of all amounts due hereunder. Texpo
reserves the right to refuse service if your credit is not acceptable to Texpo. Any
deposit required from you hereunder shall be paid within 10 days notice. If Buyer
becomes unable to pay its debts when they are due, Texpo may require a deposit
payment within only 10 business days notice, or Texpo may immediately terminate
this ESA. Deposits held for more than 30 days will accrue interest from the date of
receipt at the annual rate established by the PUCT. Accrued interest will be applied
to your account annually. Upon termination of your ESA, Texpo will apply any
deposit plus accrued interest against your outstanding balance on your final bill,
and Texpo will then bill you for the remaining balance. If there is a credit, Texpo will
refund the balance directly to you. If you make timely payments to Texpo during 24
consecutive months of billings, then to the extent required by law, Texpo will refund
or apply any deposit plus accrued interest against your bill. Your initial deposit
requested during enrollment was based on our estimations and the usage and
demand information that you provided during enrollment. Upon obtaining your
more complete usage and demand history, if Texpo determines in its sole
discretion that you inserted inaccurate figures, of if the figures you inserted do not
accurately reflect your historical, actual or projected usage and demand patterns,
then Texpo, in Texpo’s sole discretion, shall have the right to reject your enrollment
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© 2007 Texpo Power, LP – All Rights Reserved
2
application or adjust your initially requested deposit upwards or downwards to
reflect your historical, actual and projected usage profile, usage and demand; and
if such an additional deposit is so required, then you will not become a customer of
Texpo until you pay such additional deposit. See the Your Rights as a Customer
(“YRAC”) that applies to this ESA for more information on Texpo’s deposit policies.
5.1. Billing, Due Date, Late Fees and Penalties.
(A) Due Date and Late Fee: Your monthly bill is due and payable when rendered
and past due if not paid within 16 days from the date of issuance (the “Past Due
Date”). A bill is considered issued on the later of the issuance date stated on the
bill, or the envelope’s postmark date. If you elected to authorize monthly payment
of your invoices on the date of invoice via automatic recurring (i) withdrawals from
your checking or savings accounts, or (ii) charges to your credit card, then Texpo
may debit your bank account (or charge your credit card) 3 days after the date of
the invoice’s issuance, and you irrevocably waive any right to have more time to
pay your invoice in exchange for the $0.001/kWh price discount referenced in your
Facts Label. If you fail to pay the full amount of any invoice by its Past Due Date,
you shall pay Texpo late charges (“Late Charges”) in the amount of the sum of (1)
a fee equal to 5% on the unpaid balance; plus (2) interest on the unpaid balance
that shall accrue on each calendar day from the Past Due Date at a rate equal to
1.5% a month or the highest rate allowed by law, whichever is less. This interest
shall be compounded monthly.
(B) Payment Programs: Please call us if you would like to obtain additional
information about whether you qualify for any of our payment plans such as our
automated bank draft arrangements.
(C) Level/Balanced Billing: Texpo hereby offers you a level or average payment
plan, referred to as “Balanced Billing” (unless you are currently delinquent in
payment). Upon requesting the Balanced Billing plan, Texpo may require up to
twelve (12) months historical usage at your property or premises. Your Balanced
Billing plan amount will be calculated based upon your historical usage, to the
extent available, or a forward projection of annual usage. The resulting amount is
your fixed payment for the next 12 months. Your budget amount will be
recalculated at least annually. However, review of under or over-collection can
occur at any time. Texpo will collect from you any under-recovered amounts or
refund to you any over-collected amounts annually, or upon termination of your
service. Texpo may initiate our normal collection activity if you fail to make a timely
payment according to this plan. Call your account representative for details.
(D) Other Payment Plans: Texpo hereby offers you a deferred payment plan if
you have been under-billed (if your charges are found to be lower than authorized
by this ESA, or if you have not been billed for service). You may also be eligible
upon the occurrence of certain other events. Please call your account
representative for more information.
6.1. No Discrimination. Texpo will not deny service, credit, or payment assistance
programs based on your race, creed, color, national origin, ancestry, sex, marital
status, lawful source of income, level of income, disability, familiar status, your
location in a economically distressed geographic area, or qualification for low
income or energy efficiency services.
7.1. Disputes, Complaints, and Partial Payments. Please contact us toll-free if
you have comments, questions, complaints or bill questions. Texpo’s friendly
knowledgeable representatives are trained to research and resolve your customer
inquiries. Texpo will work hard to make sure your problem is handled and you are
pleased with Texpo’s service. Please see the applicable YRAC at
www.texpoenergy.com for more information on disputes. To the fullest extent
permitted by law, the parties shall be bound by the following arbitration and dispute
resolution provisions. ANY CONTROVERSY, COMPLAINT, OR CLAIM ARISING
OUT OF OR RELATING TO THIS ESA, OR THE BREACH THEREOF, THAT
CANNOT BE RESOLVED IN A REASONABLE TIME BY DISCUSSIONS
BETWEEN YOU AND TEXPO, SHALL BE SETTLED BY ARBITRATION
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS
COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD
RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION THEREOF. ARBITRATION SHALL BE HELD IN
HARRIS COUNTY, TEXAS OR AS AGREED IN WRITING BY THE PARTIES.
THE PARTIES AGREE THAT THIS SECTION 7.1 SHALL BE USED IN LIEU OF
THE DISPUTE RESOLUTION PROCEDURES AND RULES ESTABLISHED BY
OR IMPLEMENTED BY THE PUCT. NO DISPUTE MAY BE JOINED WITH
ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY
OTHER PERSON OR ENTITY, OR RESOLVED ON A CLASS-WIDE BASIS.
Each party agrees that it has a duty to mitigate damages that my result out of the
other party’s performance or non-performance of this ESA. You agree that you will
irrevocably waive all disputes relating to invoices and charges unless they are
presented to Texpo in writing within 60 days after the date of your invoice to be
disputed. Texpo’s acceptance of any partial payment from you will not relieve you
of your obligation to pay the full amount owed by you, and all purported settlements
must be expressly approved by Texpo in writing.
8.1. Disconnection of Service. WE MAY DISCONNECT YOUR ELECTRICITY
SERVICE IF YOU DO NOT PAY YOUR INVOICES OR DEPOSITS IN FULL BY
THE DESIGNATED DUE DATE, but we will provide you with at least 10 calendar
days prior notice of our intent to do so. Service may also be disconnected as
permitted by the Customer Rules (during emergencies, for instance). Please see
“Your Rights as a Customer” for more information about disconnection(s).
9.1. Force Majeure. Texpo does not generate electricity nor does it transmit or
distribute electricity. Texpo will endeavor to provide your electricity service in a
commercially reasonable manner in accordance with applicable law and tariffs, but
events that are outside of our control, called “Force Majeure” events, may result in
interruptions in your service. Therefore, you agree that Texpo is not responsible for
damages caused by a Force Majeure event, which means any act or event that is
beyond the reasonable control, and without the gross negligence of Texpo,
including without limitation, an act of God; war; insurrection; riot; curtailment or
shortage of supply by or as a result of TDSPs or electric generation companies;
power surges; declaration of emergency by the ISO; acts of other parties,
including, but not limited to, PUCT, ERCOT, TDSPs, suppliers, qualified scheduling
entities, a curtailment, order, regulation, or restriction imposed by a governmental
authority, and switch delays.
10.1. Liability Limitations. Except as is set forth in Section 3.1B of these
Terms, liabilities and obligations not excused by reason of force majeure or
otherwise (including, with respect to this ESA) shall be limited to direct
actual damages only, and such direct actual damages shall be the sole and
exclusive remedy regardless of the cause of action or theory of recovery. All
other remedies at law or in equity are waived. Without limitation to the
foregoing, neither party will be liable to the other or any other party for
consequential, incidental, punitive, special, exemplary or indirect damages,
including without limitation, lost profits or other business interruptions,
without regard to cause. These limitations apply without regard to the cause
of any liability or damage for any reason. There are no third party beneficiaries
to this ESA. If any provision of this agreement is held unenforceable, the remaining
provisions shall remain valid. Texpo shall have no responsibility for payment of any
outstanding debts owed by you to previous suppliers of electricity, and you may not
withhold payments to Texpo pending any refunds or other settlement of billing from
any other REP.
11.1. Representations and Warranties. THE ELECTRICITY SOLD UNDER
THIS ESA WILL BE SUPPLIED FROM A VARIETY OF GENERATING SOURCES.
EXCEPT AS SET FORTH IN THIS SECTION 11.1, TEXPO MAKES NO OTHER
WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE PROVISION
OF ELECTRICITY AND DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, CONFORMITY TO MODELS OR
SAMPLES, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
12.1. Assignments. Without Texpo’s prior written consent, you shall not assign
this ESA. Texpo may assign, sell, pledge, or transfer this ESA or any related
accounts, revenues or proceeds to: (i) any banks, investors or any other person or
entity in connection with any debt or equity financing or other financial
arrangement; (ii) Texpo’s electricity supplier, or such supplier’s designee; (iii) an
affiliate of Texpo; (iv) any person or entity succeeding to all or substantially all of
the assets or control of Texpo and/or (v) a certified REP. In the case of (ii), (iii) or
(iv), any such assignee shall agree in writing to be bound by the terms and
conditions hereof. If you authorized the monthly payment of your invoices via
automatic recurring (A) withdrawals from your checking or savings accounts, or (B)
charges to your credit card, you also hereby agree and grant your consent
permitting Texpo to transfer or assign such consent and authorization to any
assignee under any assignment permitted under this paragraph. Upon any such
assignment, Texpo shall have no further obligations to you.
13.1. Title and Risk of Loss. You acknowledge that Texpo does not have care,
control or custody of your property or premises, or of any electrical facilities,
including, but not limited to, lines, wires, or the meter, located on or near your
property or premises. You shall be deemed to be in exclusive control (and
responsible for any damages or injury caused thereby) of the Electricity at and after
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Confidential
© 2007 Texpo Power, LP – All Rights Reserved
3
receipt at the meter(s). Title to Electricity and risk of loss and liability related to
Electricity shall transfer from Texpo to you at such meter(s).
14.1. Governing Law. THIS ESA WAS EXECUTED IN TEXAS AND SHALL IN
ALL RESPECTS BE GOVERNED BY, INTERPRETED AND ENFORCED IN
ACCORDANCE WITH THE LAWS THEREOF, WITHOUT REGARD TO
PRINCIPALS OF CONFLICTS OF LAWS. VENUE SHALL BE IN HARRIS
COUNTY, TEXAS.
14.2. Additional Rights. In addition to Texpo’s rights and privileges set forth in
this ESA, Texpo has rights and privileges granted by applicable law, including
without limitation the Customer Rules; accordingly, notwithstanding any provision
herein to the contrary, failure to set forth any of our rights and privileges granted by
any Customer Rules or other applicable law shall not be construed as any sort of
waiver of such.
14.3. Material Changes to ESA. Texpo will provide you with 45 calendar days
advance written notice of any material adverse change to this ESA, either in your
bill or in a separate mailing. The changes will take effect on the date stated in the
notice unless you cancel your ESA. You may cancel your ESA, upon written notice
to Texpo, no later than 10 calendar days before the effective date of the material
change. This provision also does not apply to, and notice is not required to be
given for, material changes that benefit you or that are mandated by a regulatory
agency or to any other provision in this ESA that does not require Texpo to give
notice.
14.4. Miscellaneous. This ESA sets forth all understandings between you and
Texpo, and any prior or contemporaneous representations, understandings, price
quotes, and inducements are fully merged into and superseded by the ESA. The
terms of this ESA shall survive any termination or expiration of this ESA at least
until all of such meters are either switched from Texpo or disconnected. All terms
of the ESA which must, in order to give full force and effect to the parties’ rights
and obligations, survive the termination or expiration of this ESA, shall so survive,
including without limitation your payment obligations. No waiver by any party of
any default by the other in the performance of any of this ESA’s terms will be
construed as a waiver of any other default. Any changes to the ESA must be set
forth in a signed writing. All notices or consents required hereunder must be in
writing (including fax) and sent to Texpo, 5773 Woodway Drive, # 311, Houston,
Texas 77057 (fax: 713.358.8508). If any provision of this ESA is held to be invalid
by a court or a regulatory body, such provision shall be construed, as nearly as
possible, to reflect the parties’ intentions with the other provisions remaining in full
force and effect.
14.5. Confidentiality. You may not disclose this ESA’s price, terms, or provisions
to any third parties except as required by law.
14.6. Terms of Service Subject to Change Upon Information Verification. This
ESA is intended solely for small commercial customers with demand of less than
50KW. If it is determined that your demand is greater than or equal to 50KW, at
Texpo’s sole discretion, Texpo may upon ten days prior notice require you to sign a
new and different form of contract for large commercial customers before accepting
you as a customer or continuing to serve as your REP.
14.7. Facts Label and Your Rights as a Customer Disclosure. For more
important information and details regarding the disclosures and terms herein,
please see your Facts Label and the YRAC document, available at
www.texpoenergy.com. Please ensure you refer to the applicable document: the
applicable YRAC and Facts Label each denote the entitled plan “Business Partners
Fixed E-Plan for Texas Businesses with Peak Demand of Less than 50KW.”
14.8. Pricing After Term’s End. After the expiration of this ESA’s Term, unless
you have elected to disconnect or switch your electricity service to a new REP,
Texpo may continue to provide electricity service to you, in which case your service
will continue automatically on a monthly basis during which time (i) you or Texpo
may cancel the Agreement upon 30 days advanced written notice, and (ii) Texpo’s
monthly default pricing will apply, which pricing will vary from month to month
based on the costs of procuring or producing electricity. During this period after
the Term’s expiration, pricing will vary from month to month without prior notice,
and changes to such pricing will not be subject to the provisions of Section 14.3
above.
14.9. Usage Profiles. Upon obtaining your more complete usage and demand
history, if Texpo determines in its sole discretion that you misrepresented your
usage history, demand profile, or forecasted usage and profiles when enrolling or
applying for service, or if the figures you inserted do not otherwise accurately
reflect your historical, actual or projected usage and demand patterns for any other
reason, then Texpo, in Texpo’s sole discretion, shall have the right to reject your
enrollment application or, upon at least 10 days prior notice, adjust your price
upwards or downwards to reflect your actual historical and projected usage
patterns. If you object to any such adjustments to pricing, you will have the right to
terminate this ESA upon 10 days prior notice to Texpo. Please see your RSA for
Texpo’s contact information and other pertinent information.
BEFORE SIGNING UP, PLEASE REVIEW AND RETAIN FOR YOUR RECORDS
A COPY OF THE REP SWITCH AUTHORIZATION, THESE TERMS OF
SERVICE, THE FACTS LABEL, AND THE “YOUR RIGHTS AS A CUSTOMER”
DISCLOSURE. TEXPO WILL SEND YOU AN ADDITIONAL COPY BY MAIL
UPON REQUEST.
YOU HAVE THE RIGHT TO RESCIND THIS AGREEMENT FOR A PERIOD OF
THREE FEDERAL BUSINESS DAYS AFTER YOU HAVE SIGNED THE “REP
SWITCH AUTHORIZATION” AND RECEIVED THESE TERMS OF SERVICE. To
rescind the Agreement within the three business day period, please call our toll-
free number listed in Section 2 of the REP Switch Authorization, and provide the
information requested by our service representative, or you may send an e-mail to
customer.care@texpoenergy.com, or a fax to 713.358.8508. Please be sure to
include your name, phone number, service address, and account number (if
applicable) in any request

Your Rights As A Customer – Please Print and Retain a Copy
Texpo Power, LP d/b/a Texpo Energy (“Texpo”), Certificate No. 10126
GUARANTEED SAVINGS AND NO LONG TERM COMMITMENT E-PLAN
FOR TEXAS BUSINESSES WITH PEAK DEMAND OF LESS THAN 50KW (V. FLEXTXPO032608A)
PLEASE READ. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AS A CUSTOMER
Texpo is pleased to provide you, a retail customer in the State of Texas, with this document describing your rights as a customer. These Rights apply to all
small commercial (non-residential) customers with a peak demand of less than 50kW served by Texpo as a certified Retail Electric Provider (“REP”) in Texas.
This document is based on the rules (“Customer Rules”) adopted by the Public Utility Commission of Texas (“PUCT”), a complete copy of which is available on
the PUCT’s website at http://www.puc.state.tx.us/rules/subrules/electric.
Obtaining and Canceling Service
Unauthorized Change of Service Provider or “Slamming”: A REP must obtain your verifiable authorization before switching your electric service. If you
believe your electric service has been switched to Texpo without your authorization, you should request Texpo to provide you with a copy of your authorization
and verification. Texpo must submit this to you within 5 business days of your request. If you are not satisfied with this response, you may also file a
complaint with the PUCT at the address provided below. Upon receipt of a complaint filed with the PUCT, Texpo must respond within 21 days of receipt of the
complaint, providing all documentation relied upon by Texpo related to the authorization to switch, and any corrective actions taken to date, if any. If Texpo is
serving your account without proper authorization, Texpo must work with other market participants to take all actions necessary to return you to your original
REP as quickly as possible. Your original REP has the right to bill you at the price disclosed in its terms of service from either: 1) the date you are returned to
your original REP, or 2) any prior date chosen by your original REP for which that REP had the authorization to serve you. Texpo shall, within 5 days from the
date that your service is returned to your original REP, refund all charges paid for the time period the original REP ultimately bills you (assuming the original
REP provides Texpo with the pertinent information needed to calculate such refund). In addition, Texpo is responsible for paying all charges associated with
returning your service to your REP of choice. For periods that Texpo served you that are not billed to you by your original REP, Texpo may bill you, but at a
rate no higher than the rate you would have been charged by your original REP.
Right of Rescission: When requesting a switch in service provider to Texpo, you may rescind your contract with Texpo without any penalty or fee within 3
federal business days (includes Saturday) after you receive your Electric Service Agreement (“ESA” or “Agreement”). You may cancel your service by calling
us at 1-877-TEXPOLP (839-7657) (toll-free) or 713-358-8510 or e-mail us at customer.care@texpoenergy.com. You may also terminate your ESA with Texpo
without penalty in the event: (a) you move to another location; (b) market conditions change and the ESA allows Texpo to terminate such agreement without
penalty in response to changing market conditions or; (c) Texpo notifies you of a material change in the terms and conditions of service as stipulated in the
ESA. This right of rescission does not apply to applicants requesting a move-in, to customers whose REP transfers the customer to the Provider of Last
Resort (“POLR”), or when a REP “drops” a customer to the affiliated REP for non-payment. If you do not rescind your request for service within this 3 federal
business day period, you will be responsible for all service rendered to you at the enrollment address. If you do not rescind the contract within this 3 federal
business day period, you retain the right to select another REP and may do so by contacting that REP, although you will be responsible for any charges
incurred to switch your service. See your ESA for additional details regarding canceling or terminating your contract.
Billing Issues
Unauthorized Charges or “Cramming”: Before any new charges for non-energy-related products or services are included on your electric bill, Texpo must
inform you of the product or service, all associated charges, how these charges will appear on your electric bill and obtain your consent to accept the product
or service. Your REP must provide you with a toll-free telephone number and address that you may use to resolve any billing dispute or to ask questions
about your bill. If you believe your electric bill includes unauthorized charges, you may contact your REP to dispute such charges. After exhausting your
REP’s internal complaint resolution procedures (as set forth below), you may file a complaint with the PUCT if you remain unsatisfied. Texpo will not seek to
disconnect your electric service for nonpayment of an unauthorized charge or file an unfavorable credit report against you for disputed unpaid charges that are
alleged to be unauthorized, unless the dispute is ultimately resolved against you. If the charges are determined to be unauthorized, Texpo will cease charging
you for the unauthorized service or product, remove the unauthorized charge from your bill, and refund or credit all money you paid for any unauthorized
charge within 45 days. If charges are not refunded or credited within 3 billing cycles, interest shall be paid to you at an annual rate established by the PUCT on
the amount of any unauthorized charge until it is refunded/credited. You may request all billing records under Texpo’s control related to any unauthorized
charges within 15 business days after the date the unauthorized charge is removed from your bill. Texpo will not re-bill you for any charges determined to be
unauthorized.
Deferred Payment Plans and Other Payment Arrangements: If you cannot pay your bill, please call Texpo immediately. Texpo may, in its sole discretion,
decide to offer you a short-term payment arrangement that allows you to pay your bill after your due date, but before your next bill is due. In addition, you may
qualify for a “deferred payment plan”. A deferred payment plan allows a customer to pay an outstanding bill in installments beyond the due date of the next
bill. Texpo may require an initial payment to initiate the agreement. Texpo must offer you a deferred payment plan unless you have received more than two
disconnection notices during the past 12 months or you have been Texpo customer for less than 3 months and do not have sufficient credit or payment history
with another REP. Texpo must offer customers deferred payment plans for bills that are due during an extreme weather emergency and to customers who
have been under-billed in the amount of $50.00 or more. A deferred payment plan may include a 5% penalty for late payment. If you do not fulfill the terms of
the payment arrangement or deferred payment plan, Texpo may disconnect your service as discussed further below. For additional details on these programs,
please see your ESA or contact Texpo for more information.
Texpo’s Deposit Policies: In addition to the information regarding deposits set forth in your ESA:
(1) Deposit Upon Sign Up: Texpo will confirm your credit history when you sign-up to determine if an initial deposit will be required. Texpo may require a
deposit if your credit fails to satisfy our credit requirements in our good faith sole discretion (using only non-discriminatory criteria such as your credit scores
from credit reporting agencies and payment history).
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(2) Initial Deposit After Sign Up: Once you become an existing customer, if Texpo did not require a deposit from you upon sign up, Texpo will not require
from you an initial deposit unless you have been late paying a bill more than once during the previous 12 months of service or unless your service has been
disconnected for nonpayment during the last 12 months of service.
(3) Deposit Amount: The total of any such deposits may not exceed an amount equivalent to the greater of: (i) the sum of the estimated billings for the next
2 months; (ii) one-fifth of the estimated annual billing, or (iii) the amount permitted by the Customer Rules.
(4) Additional Deposit: An additional deposit may be required if the average of your actual billings for the last 12 months is at least twice the amount of the
original average of your estimated billings, or if a disconnection notice has been issued or the account disconnected within the previous 12 months, or as
otherwise permitted by the Customer Rules.
Meter Reading and Testing: Please contact Texpo for information regarding how to read your meter. You have the right to request a meter test. Texpo may
make this request to your Transmission and Distribution Service Provider (“TDSP”) on your behalf. If a test is performed more than once in a four-year period,
and the meter is determined to be functioning properly, then you may be charged a fee for the additional meter test(s) at the rate approved for your TDSP. The
TDSP or Texpo will advise you of the test results, including the test date, testing person and, if applicable, the removal date of the meter.
Disconnection
Failure to Pay: As explained in the below section “Disconnection of Service,” for customers who do not pay their electric bill by the due date, Texpo may
request the TDSP to “disconnect” the electric service, after the expiration of a required 10-day notice period.
Disconnection of Service: The PUCT has provided that under certain dangerous circumstances (such as unsafe electric line situations) any REP, including
the POLR, may authorize your TDSP to disconnect your electric service without prior notice to you. Additionally, as of June 1, 2004, the PUCT will allow your
REP to request the disconnection of your electric service for any of these reasons: (1) failure to pay a bill owed to the REP or to make a deferred payment
arrangement by the date of disconnection; (2) failure to comply with the terms of a deferred payment arrangement or other payment agreement made with the
REP; (3) using service in a manner that interferes with the service of others or the operation of nonstandard equipment; (4) failure to pay a deposit required by
the REP; or (5) failure of a guarantor to pay the amount guaranteed when the REP has a written agreement, signed by the guarantor, which allows for
disconnection of your service. Prior to disconnecting your service, your REP must provide you with a written Disconnect Notice. This notice must be mailed to
you separately (or hand-delivered) no earlier than the first day after the date your bill is due. The disconnection date must be 10 days from the date the notice
is issued and may not fall on a holiday or weekend (or the day preceding) unless the REP’s personnel are available to take payments and service can be
reconnected. Please contact Texpo immediately if you feel your service is being (or has been) wrongfully disconnected. Texpo may authorize your TDSP to
disconnect your electric service without prior notice to you.
Availability Of Provider of Last Resort: If you are notified that you are subject to disconnection of your electric service, you may seek to obtain services from
another REP or the POLR. You have the option to request service from the POLR, which offers a standard retail service package. Information about the POLR
and other REPs can be obtained from the PUCT or the POLR.
Restoration of Service: If your service has been disconnected by Texpo for non-payment, Texpo or POLR will, upon satisfactory correction of the reasons for
the disconnection, notify your TDSP to reconnect your service. If your service was disconnected due to a dangerous situation, your service will be reconnected
once you demonstrate to Texpo or the POLR and any other required third parties that you have corrected the dangerous situation.
Disputes with Your Provider
Billing Questions and Complaint Resolution: Please contact Texpo if you have specific comments, questions or complaints. If you feel your bill is
incorrect, you are hereby advised of Texpo’s complaint resolution procedures, which are set for the below. You should first contact a Texpo Customer Care
Representative or e-mail customer care at customer.care@texpoenergy.com with your clearly communicated complaint. Upon receipt of a complaint, Texpo
must investigate and notify you of the results within 21 days. If you are dissatisfied with the results of the investigation, you may request that Texpo perform a
supervisory review. Texpo must advise you of the results of the supervisory review within 10 business days of your request. If you are dissatisfied with the
results of the investigation or supervisory review, you may file a complaint with the PUCT: Public Utility Commission of Texas, Customer Protection Division,
P.O. Box 13326 Austin, Texas 78711-3326, Phone: (512) 936-7120 or (888) 782-8477, TTY (512) 936-7136, Fax: (512) 936-7003, Email:
customer@puc.state.tx.us, Website: www.puc.state.tx.us. Please include your name and account number, as well as an explanation of the facts and the
resolution you desire in your complaint. For a complaint involving a disputed bill, Texpo may not initiate collection activities or disconnection activities or report
the delinquency to a consumer reporting agency with respect to the disputed portion of the bill. However, after appropriate notice, Texpo may disconnect your
service for non-payment of any undisputed portion of the bill.
Special Services: Your REP may offer special services for hearing-impaired customers and programs for customers with physical disabilities. If you have a
physical disability or require special assistance regarding your electric account, please contact Texpo to inquire about the process to become qualified for any
of these special services.
Other Protections and Provisions
Do Not Call List: The PUCT maintains a "Do Not Call List" of customers who do not want to receive telemarketing calls for electric service. Call toll-free 1-
866-TXNOCAL(L) or 1-866-896-6225, or visit the PUCT website at www.puc.state.tx.us to subscribe to the Do Not Call List.
Language Availability: Esta información esta disponible en Español. Por favor llame a Texpo al (877) TEXPOLP (839-7657) en Houston o (713) 358-8510
fuera de Houston, o por internet www.texpoenergy.com. Texpo will provide upon request information in Spanish. You may request to receive information from
Texpo in Spanish, or any language in which you were initially solicited.
Privacy Rights: Except as described below, Texpo may not release your proprietary customer information to any other person without your consent. This
includes your name, address, account number, type or classification of service, historical electricity usage, expected patterns of use, types of facilities used in
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providing service, individual contract terms and conditions, price, current charges or billing records. This prohibition does not apply to the release of your
information under certain circumstances as required by law, including release to the PUCT, an agent of Texpo, consumer reporting agencies, law enforcement
agencies or your TDSP. Texpo may also share this information with a third party for the purpose of marketing such party’s products or services to you after
you are provided an opportunity to opt-out of the release of your information. In addition, this prohibition does not apply to the release of prior historical usage
upon request and authorization of a current customer or applicant of a premise.
Customer Lists From Which You May Wish to be Excluded: Texpo may be required to release a list of its customers for the most recent 12 month period
that includes your name, billing address, rate classification, monthly usage, meter type, and account number or ESI ID. If you would like your name to be
excluded from this list, please call us at (877) TEXPOLP (839-7657) (toll free).
Contact Information:
INTERNET ADDRESS:
www.texpoenergy.com
EMAIL ADDRESS:
customer.care@texpoenergy.com
MAILING ADDRESS:
Texpo
5773 Woodway Drive, # 311
Houston, Texas 77057
GENERAL OFFICE HOURS:
8:30am CST - 5:30pm CST M-F
TELEPHONE:
(713) 358-8510
CUSTOMER SERVICE HOURS:
8:30am CST - 5:30pm CST M-F
TOLL-FREE NUMBER:
(877) TEXPOLP
(877) 839-7657
(
8:30am - 5:30pm
CST M-F
(except holidays))
ENROLLMENT CENTER
(713) 358-8510
ORDERS FAX:
(713) 358-8508
24 Hour Service Outage & Emergency Reporting: If you have an electrical emergency or a power outage, please call the applicable telephone number
below:
TXU Delivery, a/k/a, Oncor
(888) 313-4747
CENTERPOINT ENERGY
(800) 332-7143
AEP Texas North and AEP Texas
Central (WTU, CP&L)
(866) 223-8508
TEXAS NEW MEXICO POWER
(888) 866-7456
Other Terms: Please read your ESA and your Facts Label for additional information regarding your and Texpo’s rights and obligations.
No Waiver: This Document is intended to provide you with a summary of your rights and our obligations under the Customer Rules and is not intended to
constitute any type of legal advice. Notwithstanding anything herein to the contrary, the following shall not be construed as any sort of waiver of our rights
under your ESA, such Customer Rules, or any other applicable rule or law: (a) our methods of summarizing such rights and rules, (b) any statements
contained herein, or (c) our failure to set forth any of our rights and privileges granted by any such Customer Rules or other applicable rule or law. This
summary assumes that you are a “small commercial” class customer, as defined by the Customer Rules. We hope you found this Document to be helpful.
Please call us with any questions

REP LIST - UPDATED 6-1-07

10126 Texpo Power, LP; Nova Electric Co.; Y.E.P.; Texpo Energy; TexPower Electric Co. 32698 6/13/2006 Entire State of Texas 7660 Woodway Dr., Ste. 471A Houston TX 77063 (713) 358-8510 Henry vadic 7660 Woodway Dr., Ste. 471A Houston TX 77063 (713) 358-8510 (713) 335-2811 henry.vadic@texpoelectric.com Henry Vadic 7660 Woodway Dr., Ste. 471A Houston TX 77063 (713) 358-8510 (713) 335-2811

CERTIFICATION NUMBER NAME OF APPLICANT DOCKET NUMBER DATE APPROVED SERVICE AREA TEXAS OFFICE CITY, STATE STATE ZIP CODE PHONE NUMBER AUTHORIZED REPRESENTATIVE STREET ADDRESS CITY STATE ZIP CODE TELEPHONE NUMBER FAX NUMBER EMAIL OR WEBSITE ADDRESS AFFILIATES AGENT FOR SERVICE OF PROCESS STREET ADDRESS CITY STATE ZIP CODE PHONE NUMBER FAX NUMBER

Residential
Plan Name
Electricity Facts Label

Your Rights as a Customer

Terms of Service
Online SignUp
Guaranteed Savings & No Long Term Commitment E-Plan for Texas Residents

TEXPO POWER, LP D/B/A TEXPO ENERGY (“TEXPO”) - PUCT LICENSE #10126 - TERMS OF SERVICE AGREEMENT
GUARANTEED SAVINGS & NO LONG TERM COMMITMENT E-PLAN FOR TEXAS RESIDENTS (Version FLEXRESTXPO032608B)
Terms of Service: Texpo values the opportunity to serve you. The following is your Terms of Service Agreement (“Agreement”) with
Texpo for the purchase of residential electric service. These terms are conditioned upon Texpo accepting you as a customer. This version of
the Agreement (FLEXRESTXPO032608B) applies to all residential customers who submitted applications or signed up for residential electric
service under the plan entitled “Guaranteed Savings & No Long Term Commitment E-Plan for Texas Residents” on or after March 1, 2007.
You may print the Agreement at www.texpoenergy.com, or you may request a printed version. Please retain this document for your records.
Texpo is certified as a Retail Electric Provider (“REP”) by the Public Utility Commission of Texas (“PUCT”), license number 10126. Esta
información esta disponible en Español. Por favor llame a Texpo al (877) 839-7657 en Houston o (713) 358-8510 fuera de Houston,
o por internet www.texpoenergy.com.
24 Hour Service Outage & Emergency Reporting: If you have an electrical emergency or a power outage, please call the applicable
telephone number below:
TXU Delivery, a/k/a, Oncor (888) 313-4747 CenterPoint Energy (800) 332-7143
AEP Texas North and AEP
Texas Central (WTU, CP&L) (866) 223-8508 Texas New Mexico Power (888) 866-7456
TEXPO ENERGY CONTACT INFORMATION:
INTERNET ADDRESS: www.texpoenergy.com EMAIL ADDRESS: customer.care@texpoenergy.com
MAILING ADDRESS:
Texpo Energy
5773 Woodway Drive, # 311
Houston, Texas 77057
GENERAL OFFICE HOURS:
8:30am - 5:30pm CST M-F
TELEPHONE: (713) 358-8510 CUSTOMER SERVICE
HOURS: 8:30am - 5:30pm CST M-F
TOLL-FREE NUMBER:
(877) TEXPOLP
(877) 839-7657
(8:30am - 5:30pm CST M-F
(except holidays))
ENROLLMENT CENTER (713) 358-8510
ORDERS FAX: (713) 358-8508
General: As your REP, Texpo will arrange for the delivery of electricity from your Transmission and Distribution Service Provider
(“TDSP”) (Local Energy Delivery Company) to your service location pursuant to this Agreement. You (the customer) agree to be bound by
this Agreement by accepting electric service from Texpo.
Cancellation Rights: You have the right to cancel your service request with Texpo without any fee or penalty within three (3) federal
business days of receiving (or receiving access to) this Agreement. To cancel this Agreement, you may call or fax us at the contact numbers
provided above (you will need to include your name, phone number, service address, social security number, and a request to cancel service
pursuant to this provision in this Agreement).
Term & Renewal: Your service under this Agreement will begin on your next meter read cycle date (unless you require new service),
which is set by your TDSP. Your service is provided on a month-to-month basis until terminated either by Texpo or you in accordance with
the Procedures for Terminating Agreement set forth below. Texpo is not liable for, nor is it able to commit to, an exact date for the
commencement of service with Texpo.
Pricing and Texpo’s Low Price Guaranty: Initial pricing for service is indicated in the Electricity Facts Label, and the conditions for
pricing and service are specified in this Agreement. Your monthly bill will itemize the following charges for your convenience: energy charge,
TDSP monthly customer charge, any non-recurring TDSP charges, Texpo’s monthly customer charge, all applicable taxes, and any
additional charges. Texpo may revise electricity pricing on a monthly basis to reflect electricity generation cost variances, but Texpo will
always strive to provide you with low prices. As a demonstration of Texpo’s commitment to low prices, and because we value your loyalty, if
you are ever unsatisfied with your price, you have the right to terminate this Agreement and switch to another REP (with no penalty) in
accordance with the “Procedures for Termination” set forth below. As an additional demonstration of Texpo’s commitment to low prices, you
also have Texpo’s “Low Price Guaranty.” Pursuant to Texpo’s Low Price Guaranty, Texpo guaranties that its average price charged to
you per kWh during any 12 month period will be lower than TXU Energy's average prices per kWh and Reliant Energy’s average prices per
kWh (for serving you with residential electricity service) during the same 12 month period. In calculating the amount of TXU Energy's and
Reliant Energy's prices for purposes of this Low Price Guaranty, the "price" charged by TXU Energy and Reliant Energy includes the total
amount invoiced by TXU Energy and Reliant Energy per kWh (including all taxes, charges and fees) for solely residential electric service in
your service territory within Texas under any residential retail plan publicly offered to the general public by TXU Energy or Reliant Energy.
Any late fees, penalties and interest shall be excluded from Texpo’s price for purposes of comparing Texpo’s price to that of Reliant Energy
and TXU Energy. A one time service charge of $3.50 is incurred for additional copies of your bill, duplicate bills, credit reference letters, and
disconnect notices. The initial pricing shown on your Facts Label (Version FLEXRESTXPO032608B) includes a $0.003/kWh discount for
2
electing to authorize monthly payments of your invoices on the date of invoice via automatic recurring (i) withdrawals from your checking or
savings accounts, or (ii) charges to your credit card. If you do not elect to give such authorization, your price will be $0.003/kWh higher.
No Fees to Switch: Texpo will not charge you a fee to select, switch, or enroll with us unless you request a switch or enrollment that
does not conform with the normal meter reading and billing cycle and, in such case, any such fee shall not exceed the rate for such charged
to Texpo by the TDSP.
Payments: You will receive a bill from Texpo monthly. All bills are due and payable 16 calendar days from the date reflected on the
invoice. If you elected to authorize monthly payment of your invoices on the date of invoice via automatic recurring (i) withdrawals from your
checking or savings accounts, or (ii) charges to your credit card, then Texpo may debit your bank account (or charge your credit card) 3 days
after the date of the invoice’s issuance, and you irrevocably waive any right to have more time to make your payment in exchange for the
$0.003 price discount referenced in your Facts Label. Bills shall be deemed past due and late at the close of business on the day the bill is
due. Late payments and past due balances will result in a one time late-fee equal to 5% of the month’s past due amount. For any method of
payment including checks, bank drafts or debit/credit card transactions, you will incur a $40.00 insufficient funds fee per transaction for any
transaction not processed due to insufficient funds or credit availability. You are responsible for all applicable taxes, charges and fees.
“Taxes” means all federal, state and local taxes, fees, governmental charges, assessments, and charges presently or hereafter imposed on
you as purchaser of electricity under this Agreement, on Texpo, as seller of electricity under this Agreement, or on electricity sales
transactions, including gross receipts taxes, municipal administrative fees and generation, utility, TDSP, regulatory, British Thermal Unit
(“BTU”) or electricity taxes and assessments. Nonpayment of your Texpo bill may result in the above-listed late fees, accruement of interest
as allowed by law, as well as disconnection of your service and termination of this Agreement. If you fail to make a payment, Texpo will notify
you 10 calendar days prior to disconnecting your electric service and terminating this Agreement. If you fail to make a payment for electric
service, Texpo will have the right to (i) authorize the disconnection of your electric service, with proper notice, and (ii) terminate your
Agreement. Texpo reserves the right to include (in any subsequent bill) adjustments to previous billings, previous billing errors, meter read
errors, miscalculation of taxes and other errors, except as limited by the PUCT’s Rules (“Customer Rules”). Disconnection of your electric
service and/or termination of this Agreement will not excuse you from paying any outstanding amounts owed to Texpo and are in addition to
all other remedies available under this Agreement and by law. If you satisfactorily correct the reason for disconnection, you may be permitted
to reinstate electric service with Texpo and will be charged a $20.00 reconnect fee by Texpo in addition to any reconnect fees charged by the
TDSP.
Dispute Resolution and Complaints: Please contact us if you have comments, questions, complaints or bill questions. Texpo’s friendly
knowledgeable representatives are trained to research and resolve your customer inquiries. Texpo will work hard to make sure your problem
is handled and you are pleased with Texpo’s service. You may also contact the PUCT. Please see Your Rights as a Customer (“YRAC”) at
www.texpoenergy.com for more information. Texpo’s acceptance of any partial payment from you will not relieve you of your obligation to
pay the full amount owed by you, and all purported settlements must be expressly approved by Texpo in writing. To facilitate any disputes
arising out of Texpo’s Low Price Guaranty, and to better create a friendly and more efficient means of resolving disputes, please take note of
the following procedures governing all disputes arising out of, or relating to, Texpo’s Low Price Guaranty. If you feel that Texpo has charged
you a price in contravention of Texpo’s Low Price Guaranty, you agree that you must provide Texpo written documentation from Reliant
Energy or TXU Energy, as applicable, reasonably sufficient to demonstrate to Texpo the amount of the electricity prices offered or charged
by TXU Energy or Reliant Energy (as applicable) along with the time periods during which such prices were available to you. You must also
demonstrate to Texpo that such prices were for residential service available to you in your service area and were retail prices publicly offered
and made available to the general public. If TXU Energy or Reliant Energy terminates a respective fixed-price or flat-rate plan (as
applicable), or raises the price for such a plan (however described), then the comparison of such prices to the Low Price Guaranty shall be
based on TXU Energy's or Reliant Energy's actually charged prices during such 12-month period. Without limitation to the foregoing, and
notwithstanding any other provision to the contrary, if you demonstrate that Reliant Energy’s or TXU Energy’s average electricity price for a
given 12 month period is lower than Texpo’s price charged for the same 12-month period, your sole remedy shall be limited to Texpo
providing you a credit on your account for the difference in price for such period, multiplied by your actual usage during such period. All
claims that Texpo did not meet its Low Price Guaranty shall be deemed irrevocably waived by you if not submitted to Texpo in writing within
60 days of the end of the 12 month period during which you claim Reliant Energy or TXU Energy offered to provide you such service at a
price lower than Texpo’s price. Each party agrees that it has a duty to mitigate damages that may result out of the other party’s performance
or non-performance of this Agreement and you agree that you will irrevocably waive all disputes relating to invoices and charges unless they
are presented to Texpo in writing within 60 days after the date of the invoice to be disputed.
Credit Requirements & Deposits: Texpo may use credit reporting agencies to document and evaluate your credit and/or electric
payment history. If you do not meet Texpo’s credit standards or cannot demonstrate satisfactory credit, Texpo may require a deposit from
you pursuant to the Customer Rules. The total of any deposits requested by Texpo will not exceed the greater of: (i) the sum of your
estimated billings for the next two months; (ii) one-fifth of your estimated annual billing; or (iii) the amount permitted by the Customer Rules.
You will earn a high rate of interest at the rate established by law (4.68% per year as of March 2007) on any deposit retained by Texpo for
longer than 30 days. Texpo may require an additional deposit from an existing customer if a disconnect notice has been issued. Texpo will
have the right to refuse enrollment of service or, if already a customer, to disconnect your service if a deposit is not paid within 10 days of the
request for deposit. Upon request, Texpo will refund any deposit held plus accrued interest calculated at the PUCT stated rate when you
form a record of no late payment for 12 consecutive monthly invoices. Texpo may disconnect service with or without prior written notice for
any of the reasons stated in Section 25.483 of the Customer Rules and may also terminate this Agreement without penalty in response to
changing market conditions. If you fail to make any payments due under this Agreement: (i) you agree to pay a collections processing fee of
3
$20.00 if your indebtedness is referred to Texpo’s internal collections group; and (ii) in addition, you agree to pay reasonable fees and
expenses (including attorney fees) incurred by Texpo in the collection of such indebtedness. Without limitation, if your indebtedness is placed
with an attorney or collection agent for collection, or suit is brought on same, or the same is collected through probate, bankruptcy or other
judicial proceedings, then you also agree to reimburse Texpo for its collection expenses in an amount equal to between 25% and 40% of the
total amount due and unpaid to Texpo. Your initial deposit demanded by Texpo (if any) is based on our estimations of your historical and
future demand and usage profiles, and if your actual demand and usage data falls outside of those estimations or expectations, or if you
gave us erroneous information regarding your demand and usage pattern, Texpo reserves the right to require an additional deposit, or to
reject your enrollment request.
Deposit Requirement Waiver: Please let us know if you (i) are 65 years of age or older and you are not currently delinquent in payment
of any electric service account, or (ii) have been determined to be a victim of family violence (as defined in Texas Family Code § 71.004) by
a family violence center (as defined in Texas Human Resources Code § 51.002), by treating medical personnel, by law enforcement
personnel, by the Office of a Texas District Attorney, by the Office of the Attorney General, or by a grantee of the Texas Equal Access to
Justice Foundation as it may be possible for you to obtain electric service from Texpo without a deposit.
Usage: Texpo will provide, and you shall pay for, all the electricity to satisfy all the electricity requirements for each service address that
you enroll with Texpo. You may not resell any portion of such electricity to any third party.
Critical Care Customer: If interruption or suspension of your electricity will create a dangerous or life-threatening condition, you may
qualify as a “critical care residential customer” for notification of interruptions and suspension of service by the TDSP. The TDSP determines
whether you qualify. To request this designation, you must complete the Critical Care Eligibility Determination Form annually and return it to
the TDSP. Qualification as a critical care residential customer does not relieve you of the obligation to pay for the electric service you
receive.
Non-Discrimination: Texpo does not discriminate, deny service, or require a prepayment or deposit for service based on a customer's
race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in
an economically distressed geographic area, or qualification for low income or energy efficiency services.
Material Change: Texpo will provide you with 45 calendar days advance written notice of any material adverse change in this
Agreement, either in your bill or in a separate mailing. The changes will take effect on the date stated in the notice unless you cancel your
Agreement. You may cancel your Agreement, upon written notice to Texpo, no later than 10 calendar days before the effective date of the
material change. This provision does not apply to, and notice is not required to be given for, any authorized charges included in an invoice to
which you have agreed to in this Agreement, including any price change specified in the Facts Label or this Agreement. This provision also
does not apply to, and notice is not required to be given for, material changes that benefit you or that are mandated by a regulatory agency
or to any other provision in this Agreement that does not require Texpo to give notice. This is a variable price agreement; a change in price
is not deemed a material change for purposes of this Agreement.
Customer Information: By entering into this Agreement, you permit your TDSP to release to us certain information that Texpo needs to
provide you with service, including your address, phone number, account numbers, and historical usage information.
Force Majeure: Texpo will endeavor to provide service in a commercially reasonable manner, but REPs do not guarantee a continuous
supply of electricity. Events outside Texpo’s control, called "force majeure" events, may result in interruptions in service, for which Texpo will
not be liable. REPs do not generate your electricity, nor do REPs transport it from the generation point to you. Therefore, you agree that
Texpo is not responsible for damages caused by force majeure events, which include, without limitation, acts of God, acts of any
governmental authority, including the PUCT, acts of the Electric Reliability Council of Texas (“ERCOT”), accidents, strikes, labor trouble,
required maintenance work, problems with or acts of the TDSPs, problems with (or acts of) suppliers, delay of deregulation or changes in
laws, rules, regulations, and practices or procedures of any governmental entity or ERCOT, or any other cause beyond Texpo’s control. You
acknowledge that Texpo does not have care, control or custody of your property or premises, or of any electrical facilities, including, but not
limited to, lines, wires, or the meter, located on or next to your property or premises. You further acknowledge that you are in exclusive
control (and responsible for any damages or injury caused thereby) of electricity at and from such meter.
LIMITATIONS OF LIABILITY: Liabilities not excused by reason of force majeure or otherwise (including, with respect to this
Agreement) shall be limited to direct actual damages only, and such direct actual damages shall be the sole and exclusive remedy
regardless of the cause of action or theory of recovery. All other remedies at law or in equity are waived. Without limitation to the
foregoing, neither party will be liable to the other for consequential, incidental, punitive, exemplary or indirect damages. These
limitations apply without regard to the cause of any liability or damage for any reason. There are no third party beneficiaries to this
Agreement. If any provision of this Agreement is held unenforceable, the remaining provisions shall remain valid. Texpo shall have no
responsibility for payment of any outstanding debts owed by you to previous suppliers of electricity, and you may not withhold payments to
Texpo pending any refunds or other settlement of billing from any other REP.
Representations & Warranties: The electricity sold under this Agreement will be supplied from a variety of sources. Texpo
makes no representations or warranties other than those expressly set forth in this Agreement. Texpo expressly disclaims all
other warranties, expressed or implied, including warranties of merchantability, conformity to models or samples, and fitness for a
particular purpose.
Assignment: You may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior
written consent of Texpo. Texpo may, and you hereby grant your consent permitting Texpo to: (a) transfer, sell, pledge, encumber or assign
this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement or arrangement;
(b) transfer or assign this Agreement to an affiliate of Texpo; (c) transfer or assign this Agreement to any person or entity succeeding to all or
4
substantially all of the assets or control of Texpo; and/or (d) transfer or assign this Agreement to a certified REP. In the case of (b), (c) or (d)
any such assignee shall agree in writing to be bound by the terms and conditions hereof. If you authorized the monthly payment of your
invoices via automatic recurring (i) withdrawals from your checking or savings accounts, or (ii) charges to your credit card, you also hereby
agree and grant your consent permitting Texpo to transfer or assign such consent and authorization to any assignee under any assignment
permitted under this paragraph. Upon any such transfer or assignment, to which you hereby consent in advance, you agree that Texpo shall
have no further obligations hereunder.
Governing Law: This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of
the State of Texas and venue shall be proper in Harris County, Texas. The provisions of the Uniform Commercial Code ("UCC") shall
apply to this Agreement and electricity shall be a "good" for purposes of the UCC.
Procedures for Terminating Agreement: You may terminate your service at any time upon no less than 30 days prior written notice to
Texpo, but you will remain liable for all energy services obtained up through the time at which Texpo no longer serves your meter.
Regardless of the reason for this Agreement’s termination, you will remain liable for payment of all outstanding charges. If your service is
terminated with less than 30 days prior written notice, you will be assessed a penalty equal to your actual usage (kWh) for your last full
month prior to such termination multiplied by your price (inclusive of all charges) for the same month.
Payment Options: Levelized Billing – Texpo’s “levelized” billing option bases your monthly bill on your previous year’s average
electricity usage. Your account is then periodically reconciled based on your actual usage. Texpo needs at least twelve months of your billing
history on file to calculate the levelized rate. Texpo hereby offers you a deferred payment plan if (i) a bill becomes due during an extreme
weather emergency, pursuant to Section 25.483(j) of the Customer Rules, (ii) you are invoiced for services for which you were previously
under-billed or (iii) as otherwise required by the Customer Rules. Texpo must confirm any such plan in writing, a copy of which you may
request. You may also qualify for other alternative payment arrangements. Please call us for more information.
Payment Assistance Programs & Other Arrangements: Texpo has a bill payment assistance program for the benefit of qualified
residential customers. On your bill, Texpo will offer you an opportunity to voluntarily contribute to this program. You may also request and
obtain additional information about whether you qualify for any of Texpo’s payment plans such as payments via automated bank draft, lowincome
energy assistance programs, disconnection moratoriums for the ill, and of the eligibility requirements and procedures for applying for
each.
Options For Those Who Meet State Poverty Thresholds: Upon demonstration of your qualification for the State’s low-income rate
reduction program, you may pay a required deposit that exceeds $50 in two equal installments. To be eligible for the rate reduction program,
among other requirements, you must be enrolled in a Texas Department of Human Services (“TDHS”) sponsored program, such as
Medicaid, Temporary Assistance for Needy Families (“TANF”), Supplemental Security Income (“SSI”) or food stamps.
Facts Label and Other Disclosures: The Facts Label lists additional terms and provisions and is a part of this Agreement. For more
important information and details regarding the disclosures and terms herein, please see your Facts Label and the YRAC, available at
www.texpoenergy.com. Please ensure you refer to the applicable documents that denote the plan entitled “Guaranteed Savings & No Long
Term Commitment E-Plan for Texas Residents, Version FLEXRESTXPO032608B.”

Please Read: This Document Contains Important Information Regarding
YOUR RIGHTS AS A CUSTOMER
Texpo Power, LP d/b/a Texpo Energy (“Texpo”), Certificate No. 10126
GUARANTEED SAVINGS & NO LONG TERM COMMITMENT E-PLAN FOR TEXAS RESIDENTS
Version No. FLEXRESTXPO032608B
Texpo is pleased to provide you, a retail customer in the State of Texas, with this document describing your rights as a customer. These Rights
apply to all residential customers served by Texpo as a certified Retail Electric Provider (“REP”) in Texas. This document is based on the Public
Utility Commission of Texas (“PUCT”) adopted rules (“Customer Rules”), a complete copy of which is available on the PUCT’s website at
http://www.puc.state.tx.us/rules/subrules/electric. Please see your Terms of Service (“Terms”) document (version FLEXRESTXPO032608B) for
Texpo’s contact information and other pertinent information.
Language Availability: Esta información esta disponible en Español. Por favor llame a Texpo al (877) TEXPOLP (839-7657) en Houston o (713)
358-8510 fuera de Houston, o por internet www.texpoenergy.com. Texpo will provide upon request information in Spanish.
Disconnection of Service: The PUCT has provided that under certain dangerous circumstances (such as unsafe electric line situations) any REP,
including the Provider of Last Resort (“POLR”), may authorize your Transmission and Distribution Provider (“TDSP”) to disconnect your electric
service without prior notice to you. Additionally, as of June 1, 2004, the PUCT will allow your REP to request the disconnection of your electric
service for any of these reasons: (1) failure to pay a bill owed to the REP or to make a deferred payment arrangement by the date of disconnection;
(2) failure to comply with the terms of a deferred payment arrangement or other payment agreement made with the REP; (3) using service in a
manner that interferes with the service of others or the operation of nonstandard equipment; (4) failure to pay a deposit required by the REP; or (5)
failure of a guarantor to pay the amount guaranteed when the REP has a written agreement, signed by the guarantor, which allows for disconnection
of your service. Prior to disconnecting your service, your REP must provide you with a written disconnect notice. This notice must be mailed to you
separately (or hand-delivered) no earlier than the first day after the date your bill is due. The disconnection date must be 10 days from the date the
notice is issued and may not fall on a holiday or weekend (or the day preceding) unless the REP’s personnel are available to take payments and
service can be reconnected. Please contact Texpo immediately if you feel your service is being (or has been) wrongfully disconnected.
Restoration of Service: If your service has been disconnected by your REP for non-payment, your REP or the POLR will, upon satisfactory
correction of the reasons for the disconnection, notify your TDSP to reconnect your service. If your service was disconnected due to a dangerous
situation, your service will be reconnected once you demonstrate to your REP or the POLR that you have corrected the dangerous situation.
Meter Reading: If you prefer to read your own meter, please contact the TDSP in your area for instructions on how to read your meter.
Meter Problems & Testing: If you feel your meter is not operating correctly, please contact Texpo to request a meter test. You have the right to
request a meter test once every four years at no cost to you. If you request your meter to be tested more than once every four years, and the meter
is determined to function correctly, then you may be charged a fee for the additional meter test(s) pursuant to the TDSPs’ tariffs.
Service Protections: Texpo will not disconnect your electric service for (1) delinquency of payment by a previous occupant, (2) failure to pay
charges not related to electric service, (3) failure to pay for a different class of electric service, (4) failure to pay an under-billing, other than for theft of
service, more than 6 months old, (5) failure to pay a disputed charge until a determination as to the accuracy is made, (6) failure to pay an underbilling
due to faulty metering, unless there has been meter tampering, or (7) failure to pay certain estimated bills. Texpo will not disconnect a
customer’s service for nonpayment during an extreme weather emergency, or on holidays or weekends, except on request. Texpo will not
disconnect for non-payment if you’ve informed the REP or the TDSP, prior to the disconnection date stated on the notice of disconnection, that you
or another resident on the premises has a critical need for electrical service. However, to obtain this critical care exemption, you must enter into a
deferred payment plan with your REP and have the ill-person’s attending physician contact the REP and submit a written statement attesting to the
necessity of electric service to support life. This exemption from disconnection due to illness or disability shall be in effect for 63 days and may be
applied for again after the 63 days has expired and the deferred payment plan has been fulfilled. No REP will abandon a customer without advance
written notice, or when an energy assistance provider is forwarding payment for a delinquent account. Disconnection of service by the Affiliated
Retail Electric Provider (“AREP”) is subject to similar restrictions. All bills are due and payable 16 days after they are sent to you. If we do not receive
your payment within the 16 days, we will communicate a notice reminding you that we need to have your payment within ten (10) days or we will
disconnect your service. If you need assistance paying your bill by the bill due date, or you are ill and unable to pay your bill, you may be able to
make an alternate payment arrangement, establish a deferred payment plan, or possibly secure payment assistance. Please contact Texpo for
more information.
Availability of POLR: If your electricity service is terminated, you may obtain services from another REP or the POLR. If your REP terminates your
service for any other reason than for non-payment of electric service charges, you may request service from the POLR in your service area. The
POLR offers a basic, standard retail service package at a fixed, non-discountable rate. Information about the POLR and other REPs can be obtained
from the PUCT or the POLR.
Anti-Slamming: Slamming is unlawful. Slamming occurs when your REP is changed without your authorization. If you believe your electricity
service provider has been switched without your authorization, you can discuss this matter with your REP or you may file a complaint with the PUCT
at the address provided above. If you do not wish to receive telemarketing calls from REPs, you may contact the PUCT to have your name added to
2
the statewide “Electric Do Not Call List.”
Deferred Payments: A deferred payment plan is available to certain customers who have been under-billed or those unable to make timely payment
during an extreme weather emergency or as otherwise required by Customer Rules.
Levelized Billing: Texpo’s “levelized” billing bases your monthly bill on your previous year’s average electricity usage. Your account is then
periodically reconciled based on your actual usage. For more information and to enroll in levelized billing please contact Customer Care.
Privacy Rights: Texpo will not release proprietary customer information except as authorized under the law. The PUCT has authorized the release
of proprietary customer information to law enforcement agencies, energy assistance agencies, collection and credit reporting agencies, utilities, and
the PUCT.
Unauthorized Charges or “Cramming”: Before any new charges are included on your electric bill, your REP must inform you of the product or
service, all associated charges, how these charges will appear on your electric bill, and must obtain your consent to accept the product or service.
Your REP must provide you with a toll-free telephone number and address that you may use to resolve any billing dispute or to ask questions about
your bill. If you believe your electric bill includes unauthorized charges, you may contact your REP to dispute such charges. After exhausting your
REP’s internal complaint resolution procedures (as set forth below), you may file a complaint with the PUCT if you remain unsatisfied. Your REP will
not seek to disconnect your electric service for nonpayment of an unauthorized charge or file an unfavorable credit report against you for disputed
unpaid charges that are alleged in good faith to be unauthorized, unless the dispute is ultimately resolved against you. If the charges are determined
to be unauthorized, your REP will cease charging you for the unauthorized service or product, remove the unauthorized charge from your bill, and
refund or credit all money you paid for any unauthorized charge within 45 days. If charges are not refunded or credited within 3 billing cycles, interest
shall be paid to you at an annual rate established by the PUCT on the amount of any unauthorized charge until it is refunded/credited. You may
request all billing records under the REP’s control related to any unauthorized charges within 15 business days after the date the unauthorized
charge is removed from your bill. Your REP will not re-bill you for any charges determined to be unauthorized.
Billing Questions or Disputes: If you feel your bill is incorrect, you are hereby advised of Texpo’s dispute resolution procedures, which are set forth
below. You should first contact a Texpo Customer Care representative or e-mail Customer Care at customer.care@texpoenergy.com with your
clearly communicated complaint. Texpo will investigate your complaint and notify you of the results within 21 days. If you are not satisfied with our
attempt to resolve the problem, you are advised that you may then file a complaint with our company and request a supervisor to conduct a full
review. You may ask Texpo to provide you with a written response to your request for supervisory review within 10 days of your request for
supervisory review. If we still fail to resolve your dispute, you are advised that you may then file a complaint with the PUCT: Public Utility
Commission of Texas, Customer Protection Division, P.O. Box 13326 Austin, Texas 78711-3326, Phone: (512) 936-7120 or (888) 782-8477, TTY:
(512) 936-7136, Fax: (512) 936-7003, Email: customer@puc.state.tx.us, Website: www.puc.state.tx.us. For disputes arising out of Texpo’s “Low
Price Guaranty”, please see your Terms for more information.
Special Services: Your REP may offer special services for hearing-impaired customers and programs for customers with physical disabilities. If you
have a physical disability or require special assistance regarding your electric account, please contact Texpo to inquire about the process to become
qualified for any of these special services.
Critical Care: If an interruption or suspension of electric service will create a dangerous or life-threatening condition, you may qualify as a “critical
care residential customer.” Upon your request, your REP will provide to you a standardized Critical Care Eligibility Determination Form, which you
must complete and return to your REP. The critical care request is evaluated and approved by the TDSP; however, a customer may appeal the
eligibility determination to the TDSP. If not satisfied with the results of this appeal, the customer may file a complaint with the PUCT. If approved, the
designation is valid for one year, and your REP will send you a renewal application prior to the expiration of your designation. Qualification as a
critical care residential customer does not relieve the customer of the obligation to pay the REP or the TDSP for services rendered. However, a
critical care residential customer who needs payment assistance is encouraged to contact their REP or TDSP immediately regarding possible
deferred payment options or other assistance that may be offered by the REP or TDSP.
Deposit Requirement Waiver: Please let us know if you (i) are 65 years of age or older and you are not currently delinquent in payment of any
electric service account, or (ii) have been determined to be a victim of family violence (as defined in Texas Family Code § 71.004) by a family
violence center (as defined in Texas Human Resources Code § 51.002), by treating medical personnel, by law enforcement personnel, by the Office
of a Texas District Attorney, by the Office of the Attorney General, or by a grantee of the Texas Equal Access to Justice Foundation as it may be
possible for you to obtain electric service from Texpo Energy without a deposit.
Payment Assistance Programs and Other Arrangements: Your REP has a bill payment assistance program for the benefit of qualified residential
customers. On your bill, your REP will offer you an opportunity to voluntarily contribute to this program. You may also request and obtain additional
information about whether you qualify for any of your REP’s payment plans such as payments via automated bank draft, low-income energy
assistance programs, disconnection moratoriums for the ill, and of the eligibility requirements and procedures for applying for each.
Reporting Outages: To report outages and/or downed lines, please promptly contact your local TDSP. For Centerpoint Energy: (800) 332-
7143. For Texas New Mexico Power: (888) 866-7456. For TXU Delivery, a/k/a, Oncor: (888) 313-4747. For AEP Texas North and Central
(CPL/WTU): (866) 223-8508.

Average Monthly Use: 500 kWh 1,000 kWh 1,500 kWh
CenterPoint Energy 12.7 12.3 12.0
TXU Delivery, a/k/a, Oncor 12.5 11.5 11.2
TNMP (First Choice) 13.3 12.5 12.2
AEP - CPL 12.9 11.9 11.6
AEP - WTU 12.9 11.6 11.1
Contract
Texpo Energy Texas
Coal and Lignite: 0.0% 27%
Natural Gas: 98% 58%
Nuclear: 0.0% 9%
Renewable Energy: 2% 2%
Other: 0.0% 3%
Total: 100% 100%
© Texpo Energy 2007
*The figures in this facts label are effective for the month of May 2007.
Electricity Facts Label
Texpo Power, LP d/b/a Texpo Energy ("Texpo"), REP #10126, Version FLEXRESTXPO032608B
Guaranteed Savings & No Long Term Commitment E-Plan for Texas Residents
(Indexed Values: 100 = Texas Average)
This disclosure of variable prices is an example based on average usage patterns and average residential prices of
8.5¢ per kWh for CenterPoint Energy area, 8.5¢ per kWh for TXU Delivery, a/k/a, Oncor area, 8.9¢ per kWh for
TNMP (First Choice) area, 8.5¢ per kWh for AEP-CPL area, 9.3¢ per kWh for AEP-WTU area, a $4.95 monthly
service charge, and Transmission and Distribution Service Provider ("TDSP") monthly charges, all divided by
monthly usage. Your actual price for electric service may be different depending on how and when you use
electricity.* Your initial pricing also includes and assumes a $0.003/kWh discount for electing to authorize monthly
** Please see your Terms for more specific information regarding Texpo's Low Price Guaranty and a Full Listing
of Other Important Terms and Conditions.
Projected
Sources of
Power
Generation
Projected
Emissions and
Waste per
1,000 kWh
Generated
Electricity
Price
Better than Texas Average Worse than Texas Average
Minimum Term: Month to Month. Penalty for early cancellation: $0, if 30 days prior written notice is given. If less
than 30 days notice, please see the Procedures for Terminating Agreement section of your Terms.
payments of your invoices three days after the date of invoice via automatic recurring (i) withdrawals from your
checking or savings accounts, or (ii) charges to your credit card. Your average price will vary from month to month
according to cost of fuel, but Texpo will always provide you with low prices. As a demonstration of Texpo's
committment to low prices, and because we value your loyalty, if you are ever unsatisfied with your price, you have
the right to terminate this Agreement and switch to another retail electric provider ("REP") (with no penalty) upon 30
days prior written notice as specified in your Terms of Service ("Terms"). You also have Texpo's "Low Price
Guaranty" whereby Texpo guaranties that its average price charged to you per kWh during any 12 month
period will always be lower than the residential price plans offered by TXU Energy and Reliant Energy
during the same 12 month period.**
0
0.2
12
19
59
0 20 40 60 80 100 120
Nuclear Waste
Sulfur Dioxide
Particulates
Nitrogen Particles
Carbon Dioxide