HomeMy WebLinkAboutC2014-100 - 2/8/2014 - NA COMMERCIAL ELECTRICITY SERVICE AGREEMENT
This COMMERCIAL ELECTRICITY SERVICE AGREEMENT, including all of the Attachments, Schedules, and
Exhibits, which are attached hereto and incorporated herein for all purposes (collectively, the "Agreement"), is entered
into between Gexa Energy, LP ("Gexa"), a Texas limited partnership, and City of Corpus Christi ("Customer"). Gexa
and Customer may hereinafter be referred to individually as a"Party"or collectively as the"Parties".
SECTION 1: RETAIL ELECTRIC SALES AND SERVICES
1.1 Appointment and Scope. Customer appoints Gexa as its Retail Electric Provider ("REP') for the ESI ID(s)
included as part of this Agreement. Specifically, Customer authorizes Gexa to: (i) act as Customer's REP for all
purposes; and (ii) provide all the services required of a REP including, without limitation, procuring, scheduling and
causing to be delivered electricity throughout the Term of this Agreement to each of the ESI ID(s), subject to the terms
and conditions of this Agreement. Other than those duties specified in this Agreement and REP Services Agreement,
this appointment does not impose any other duties on Gexa.
1.2 Agreement to Purchase. Customer agrees to purchase and receive from Gexa throughout the Term all of
Customer's electricity requirements for each of the ESI ID(s) except as otherwise provided in this Agreement.
Customer agrees that all electricity and services received from Gexa under this Agreement will at all times be for
Customer's exclusive proprietary use and that Customer alone is responsible for payment for electricity and services
provided under this Agreement and for electricity and services that Customer fails to take pursuant to its contractual
obligations. If Gexa should fail to deliver sufficient quantities of electricity to the TDSP for delivery to Customer or
should fail to schedule the delivery of sufficient quantities of electricity(collectively, a"Scheduling Failure"), the Parties
recognize and agree that (i) the TDSP, in accordance with its responsibilities and its tariff, is obligated to deliver
sufficient electricity to satisfy Customer's needs and (ii) Gexa shall settle with its Qualified Scheduling Entity who is
responsible for ERCOT settlements, at no additional cost or expense to Customer, with respect to the purchase of
electricity necessary to cover any Scheduling Failure.
1.3 Term.
(a) Effective Date. Gexa will provide retail electric service to each ESI ID during the period beginning on the
Effective Date,which date shall occur on or after the Expected Start Date set forth in Attachment B, until December 31,
2017. (such period being referred to herein as the "Term"); provided, that the end of the "Term" shall be the meter
read date for each respective ESI ID occurring in December 2017. Customer and Gexa agree that the Term may
include a partial calendar month in addition to the number of months set forth in Attachment B as a result of variations
in the timing of the Effective Date as described in this Section 1.3.
(b) Delayed Effective Date. Gexa will use commercially reasonable efforts to cause the Effective Date for each
ESI ID to occur on the Expected Start Date set forth in Attachment B. If the Effective Date for an ESI ID occurs more
than twenty (20) days after the Expected Start Date set forth in Attachment B, Customer shall provide Gexa with
evidence of the amount of electricity purchased by Customer from its current REP in connection with such ESI ID(s)
during the period on and after the twenty-first (21st) day after the Expected Start Date until the Effective Date (the
"Delayed Effective Date Period"), and the total amount paid by Customer to its current REP for the electricity it
purchased during the Delayed Effective Date Period (the"Delayed Effective Date Electricity Amount"). Gexa agrees to
calculate and provide to Customer a credit against future purchases under this Agreement in the positive amount, if
any, equal to(a)the Delayed Effective Date Electricity Amount minus(b)the amount that Customer would have paid to
Gexa pursuant to this Agreement during the Delayed Effective Date Period for the same amount of electricity
purchased by Customer from its current REP during such period in connection with such ESI ID(s); provided, that
Gexa shall in no event be required to provide any credit with respect to any period during the Delayed Effective Date
Period where delay during such period was caused by any event outside of Gexa's control.
(c) Service After Term. If service continues beyond the Term, it will be on a month-to-month basis, and the ESI
ID(s)will continue to be served under this Agreement except that the Energy Price will be the greater of: (i) the Energy
Price as set forth in Section 2.1 below, or (ii)the aggregate weighted average of the Market Rate (as defined herein)
as determined for all of the ESI ID(s), for as long as service continues. If Customer has not switched from Gexa to
another supplier at the expiration of the Term, Gexa shall serve Customer at the rate set forth in this Section for a
minimum of 60 days. After such 60 days, Gexa may continue to serve Customer or terminate this Agreement and
disconnect Customer.
1.4 Modifications to ESI IDs. The Parties will work together in good faith during the Term to reasonably
accommodate and assist Customer with the management of its electricity needs. If at any time during the Term,
Customer desires to i) add or delete one or more ESI IDs from Attachment B to this Agreement, ii) otherwise modify
the ESI ID information set forth therein as a result of an operation decision made by Customer related to the opening,
closure or sale of a facility owned or leased by Customer, iii) expand an existing facility, or iv) increase an existing
facility's metered load, Customer shall provide written notice to Gexa of such change. So long as, in Gexa's
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Gexa Energy LP INDEXED
reasonable judgment, i) the addition is a separately metered load having a peak demand that is expected to be less
than 1 MW at all times during the first twelve months following commercial operation or ii) does not result in a net
increase of 1MW in peak demand for an existing facility, Gexa shall use commercially reasonable efforts to promptly
take all actions necessary to implement such changes, including providing all required notices to ERCOT. If the
addition is a separately metered load having a peak demand that is expected to be in excess of 1 MW at any time
during the first twelve months following commercial operation or results in a net increase of 1 MW after consideration
of any contemporaneous offsetting load losses, as per the Letter Agreement (defined below), Gexa shall provide
service to that account in accordance with the terms and conditions for Special Loads set forth in the Letter Agreement
(and Special Load Addendum thereto), among NextEra Energy Power Marketing, LLC ("PMI"), and Texas Coalition for
Affordable Power ("TCAP") and Gexa (the "Letter Agreement") and the Master Power Purchase and Sale Agreement
Confirmation between PMI and Gexa , all dated April 27, 2011 (the "Confirmation"). Gexa shall make available to
Customer and TCAP periodic reports regarding the changes to the billing status of any ESI ID(s). Amendments to
Attachment B that add or remove ESI ID(s) as a result of changes made pursuant to this Section 1.4 will be deemed
incorporated into this Agreement and effective on the Effective Date that each ESI ID(s) added to this Agreement and
the date on which retail electric service for any ESI ID removed from this Agreement is transferred to another REP, as
applicable.
SECTION 2: RETAIL ELECTRIC ENERGY SERVICE CHARGES
2.1 Energy Price.
(a) The Energy Price for the period commencing January 1, 2014 and ending December 31, 2017 shall be
equal to$74.85/MWh.The Energy Price shall be converted to dollars per kWh for purposes of Section 3.
(b)The Customer will be charged or credited, as appropriate, the difference between the Load Zone price for
the applicable load zone(s)in which the load is located and the appropriate trading hub price for these zone(s).
This Nodal Basis Adjustment will be calculated and charged or credited on a quarterly basis and collected or
credited in a manner specified in the Letter Agreement among PMI, GEXA, and TCAP dated April 27,2011.
(c) If, during the term of this Agreement the cost of Ancillary Services paid by PMI needed to serve
Customer's load is greater than $5.00/MWh or less than $4.00/MWh, then Customer will be charged or
credited an Ancillary Services Adjustment. This Ancillary Services Adjustment will be calculated and charged
or credited on a quarterly basis and collected or credited in a manner specified in the Letter Agreement among
PMI,GEXA, and TCAP dated April 27, 2011.
(d) If during the years 2016 and 2017, the aggregate TCAP load within an ERCOT defined load zone is
greater or less than 15% of the agreed to load at the time of contracting, the Customer may be subject to a
Load Threshold Adjustment. This Load Threshold Adjustment will be calculated and charged or credited on a
quarterly basis and collected or credited in a manner specified in the Letter Agreement among PMI, GEXA,
and TCAP dated April 27,2011.
2.2 Additional Pass-Through Charges. Customer acknowledges that the Energy Price(s) does not include
Delivery Charges, Non-Recurring Charges, or Taxes, which will be passed through and identified separately on
Customer's bill with no mark up. All charges are exclusive of Taxes.
2.3 Tax Exempt Status. If Customer is exempt from the payment of any Taxes, it will provide Gexa with all
required exemption certificates. Until Customer does so, Gexa is not allowed to and shall not recognize any
exemption and it will not be required to refund or credit previously paid Taxes unless the taxing entity sends the refund
to Gexa. Gexa will,however, assign to Customer any applicable claims for refund.
2.4 Pass-through of Nodal Market Costs. If there are any costs or credits associated with implementation of the
nodal market that are not covered under Section 2.1(b) above, including any credits assigned to load serving entities,
Gexa agrees that such costs shall be charged to Customer, and such credited to Customer,on a pass-through basis.
SECTION 3: BILLING AND PAYMENT
3.1 Billing And Payment. Gexa will invoice Customer's accounts on a monthly basis and will bill Customer on a
consolidated basis for all ESI IDs upon request of the Customer. A summary bill for all accounts and detailed
information for each account shall be provided. Customer will remit payment within thirty (30) days of receiving the
invoice. The invoice amount will be based on actual data provided by ERCOT and the TDSP. If ERCOT or the TDSP
does not provide actual data in a timely manner, Gexa shall use estimated data to calculate Customer's invoice and,
upon receipt of actual data, reconcile the charges and adjust them as needed in subsequent invoices.
3.2 Late Penalties, Interest on Overdue Payments, Invoice Disputes. If Customer fails to remit all undisputed
amounts on or before the due date, interest will accrue on any due and unpaid amounts from the date the monies were
owed at a rate of one percent(1%) per month, or the highest rate permitted by law, whichever is less. If Customer in
good faith disputes some portion of an invoice it will provide Gexa,within twenty(20)days of the invoice date,a written
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explanation specifying the amount in dispute and the reason for the dispute. If timely notice is not given, all amounts
will be owed by the due date. Notwithstanding the above, if Customer notifies Gexa of a dispute with an invoice,
regardless of whether Customer has already paid the invoice, Gexa shall make available to Customer, during normal
business hours, records in Gexa's possession reasonably necessary for Buyer to determine the accuracy of the
invoice; provided, however than neither party may request any adjustment or correction of any invoice unless written
notice of such dispute is given within twelve (12) months after the due date of such invoice; provided, that such 12
month limit shall not apply in the case of TDSP meter tampering charges first billed to Gexa so as not to enable Gexa
to reasonably adjust invoices prior to such 12 month period. In all cases, Gexa and Customer will use good faith
efforts to resolve any dispute. In the event the Parties are unable to resolve the dispute within ten (10) days of the
notice date, either Party may begin legal proceedings to resolve the dispute. Any amounts determined owed will be
paid within three(3)days after the decision.
3.3 Aggregator Fees. Customer acknowledges and agrees that, pursuant to REP Services Agreement between
Gexa and TCAP ("Aggregator"), Gexa is responsible for paying to Aggregator an amount determined by multiplying a
TCAP Aggregation Fee by the volume consumed in association with the ESI IDs set forth in Attachment B during the
term of this Agreement, which amount shall be charged to and paid by Customer pursuant to this Agreement (the
"Aggregator Fee"). The Aggregator Fee is initially set at$0.0010 per kWh, however, it may be changed by the TCAP
Board of Directors at any time prior to or during the Term of this Agreement. The Aggregator Fee will be set forth as a
separate line item on the Customer's bill.
3.4 Billing Guarantee. Gexa shall issue a bill based on actual or estimated usage to Customer for every ESI ID
at least one time per month. If,for reasons other than Force Majeure, Gexa fails to issue a bill with respect to an ESI
ID within 120 days of any scheduled meter read, Gexa hereby irrevocably waives its right to bill Customer for any
energy consumed at that ESI ID for the meter read cycle that should have been billed, unless not less than 10 days
prior to the expiration of such 120 day period, Gexa provides Customer with a written explanation of the circumstances
that are preventing Gexa from issuing such bill and the expected time by which a bill can be issued. In such event,
Customer and Gexa shall determine a reasonable extension within which to issue an invoice, not to exceed 30 days.
Gexa shall adjust or true-up each bill no more than twice and all such adjustments shall be issued within two hundred
ten (210)days of the initial issue date. Notwithstanding the foregoing, Gexa may issue a bill or portion thereof arising
from meter tampering charges at any time within a reasonable time after first billed to Gexa by the TDSP.
SECTION 4: CUSTOMER INFORMATION, CREDIT AND DEPOSITS
4.1 Customer Information. By entering into this Agreement and appointing Gexa as Customer's agent,
Customer authorizes Gexa to obtain from Customer's TDSP,and does further authorize Customer's TDSP to release
to Gexa, certain information that Gexa may need to provide Customer's electric service, including Customer's
address,telephone number, account numbers, historical usage information,and historical payment information.
4.2 Deposits and Other Security. Either Party (the "Providing Party') may be required by the other Party (the
"Requesting Party')to provide a deposit(or additional deposit if an initial deposit was also required), letter of credit, or
other form of credit assurance reasonably acceptable to the Requesting Party("collectively, Performance Assurance")
during the Term of this Agreement if: (i) the Requesting Party determines in its reasonable discretion that there has
been a material adverse change in the Providing Party's or its guarantor's (if applicable) credit status or financial
condition (which, if applicable, will mean that its credit or bond rating has dropped lower than BBB- by Standard &
Poor's Rating Group or Baa3 by Moody's Investor Services or ceases to be rated by either of these agencies); or (ii)
Customer has been delinquent in paying the electric bill more than twice during the past 12 months. Any Performance
Assurance, less any outstanding balance owed from one Party to the other Party, will be returned to the Providing
Party once the Providing Party's or its guarantor's (if applicable) credit or financial condition becomes satisfactory or, if
applicable, to a credit or bond rating of BBB- or Baa3 or higher, whichever occurs earlier or if the Performance
Assurance relates to delinquent payments, the Providing Party has paid all outstanding balances and has made all
payments within the dates set forth in this Agreement for a period of six consecutive months.
SECTION 5: EARLY TERMINATION; DAMAGES
5.1 Cancellation by Customer for Insufficient Appropriations. If, during Customer's annual appropriations
determination,the applicable governmental authorities do not allocate sufficient funds to allow Customer to continue to
perform its obligations under this Agreement ("Appropriations Failure"), then Customer or Gexa shall have the right to
terminate this Agreement in full or as to any affected ESI ID upon thirty (30) days advance written notice to Gexa
effective at the end of the period for which appropriations are made; provided, that if appropriations are subsequently
allocated for electricity for the ESI IDs covered by this Agreement, then, at Gexa's option, such appropriations shall
apply hereto and shall not be used for any other electricity supply agreement by another REP. Upon such termination
of this Agreement in full or as to any ESI ID(s) Customer shall pay all amounts due to Gexa under this Agreement,
including the Customer Early Termination Damages.
5.2 Customer Early Termination Damages. Except in connection with the closure of a facility associated with an
ESI ID pursuant to Section 1.4, or in connection with a Force Majeure Event, if at any time during the Term of this
Agreement Customer cancels this Agreement and refuses to accept delivery of electric supply from Gexa for any or all
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ESI ID(s), Gexa shall have the right to charge Customer early termination damages equal to the net present value
(calculated at a ten percent (10%) annual discount rate) of an amount determined by multiplying the Expected Usage
for the remainder of the Term for each ESI ID Customer cancels or refuses to accept delivery of electric supply by
$0.0015 per kWh ("Customer Early Termination Damages"). In the event that the Customer Early Termination
Damages is charged due to a termination of the Agreement due to an Event of Default by Customer under this
Agreement, then the Customer Early Termination Damages shall also include Gexa's reasonable costs relating to the
determination and collection of same, including attorney and consultant fees, incurred. Customer and Gexa agree that
the provisions set forth in Section 3 relating to Billing and Payment shall apply to the billing, due date, and collection of
any Customer Early Termination Damages. Customer agrees that the Customer Early Termination Damages herein is
a reasonable estimate of the damages due Gexa for the failure to accept electric supply, and as such is not punitive in
nature. These Customer Early Termination Damages shall not apply to any Customer termination of this Agreement
for any Force Majeure Event or any other cancellation or early termination expressly allowed to be made without
charge or penalty under this Agreement.
5.3 Termination for Wholesale Supply Failure. If, at any time during the Term of this Agreement,the Wholesale
Transaction is terminated as a result of a default by PMI ("Wholesale Supply Failure"), then such Wholesale Supply
Failure shall also cause the termination of this Agreement, with such termination date to be effective as of the effective
date of the termination of the Wholesale Agreement. In the event of such termination, Gexa shall pay to Customer the
Wholesale Transaction Termination Payment determined in accordance with Section 5.5 below.
5.4 Gexa Early Termination Damages. Except as otherwise provided or excused in this Agreement, including
any Force Majeure Event, if at any time during the Term of this Agreement Gexa cancels this Agreement and refuses
to provide delivery of electric supply to Customer for any or all ESI ID(s), Customer shall have the right to charge Gexa
an early termination penalty equal to the net present value (calculated at a ten percent (10%) annual discount rate) of
an amount determined by multiplying the Expected Usage for the remainder of the Term for each ESI ID Gexa cancels
or refuses to provide delivery of electric supply by$0.0015 per kWh ("Gexa Early Termination Damages"). In the event
that the Gexa Early Termination Damages.are charged due to a termination of the Agreement due to an Event of
Default by Gexa under this Agreement, then the Gexa Early Termination Penalty shall also include Customer's
reasonable costs relating to the determination and collection of same, including attorney and consultant fees, incurred.
Gexa agrees that the Gexa Early Termination Damages herein are a reasonable estimate of the damages due
Customer for the failure to deliver the electric supply, and as such is not punitive in nature. This Gexa Early
Termination Penalty shall not apply to any Gexa termination of this Agreement for any Force Majeure Event or any
other cancellation or early termination expressly allowed to be made without penalty under this Agreement, including,
without limitation a Wholesale Supply Failure.
5.5 Wholesale Transaction Termination Payment. If at any time during the Term of this Agreement this
Agreement is terminated in connection with the termination of the Wholesale Transaction then Gexa shall calculate
and Customer or Gexa shall pay to the other, as appropriate, in the manner described below and without regard to
who is a defaulting party,the portion of the Termination Payment(as defined in the EEI Master Agreement) calculated
and paid under the Wholesale Transaction that is allocable to Customer's load under this Agreement (the "Wholesale
Transaction Termination Payment"). If a Termination Payment is owed by Gexa to PMI under the Wholesale
Transaction, Customer shall pay to Gexa the portion of such Termination Payment that is allocable to Customer's load
under this Agreement. If a Termination Payment is owed by PMI to Gexa under the Wholesale Transaction, Gexa shall
pay to Customer the portion of such Termination Payment that is allocable to Customer's load under this Agreement.
To the extent that the Termination Payment due from Gexa to PMI is adjusted to the account of Gexa to reflect the full
benefit of TCAP's entering into transactions with a replacement REP, the same adjustments shall be made on a pro-
rata basis to the account of Customer with respect to the Wholesale Transaction Termination Payment.The Wholesale
Agreement Termination Payment shall be remitted by Gexa to Customer, as applicable, within 30 days of receipt
thereof by Gexa, or by Customer within 30 days of Gexa's invoice to Customer for same. Gexa agrees to use
reasonable commercial efforts in the collection of Termination Payments from PMI to be passed through to TCAP.
SECTION 6: NOTICES AND PAYMENT
6.1 General Notice. Except as otherwise required by Applicable Law, all notices to be provided under this
Agreement shall be deemed to have been duly delivered if hand delivered or sent by United States, certified or
registered mail, return receipt requested, postage prepaid, facsimile, or by overnight delivery service. Notice by
facsimile or hand delivery shall be effective on the day actually received, notice by overnight United States mail or
courier shall be effective on the next business day after it was sent, and notice by U.S. Mail shall be effective on the
second day after it was sent. Notices shall be sent to the addresses noted below, or any other address the Party
provides to the other Party in writing:
a. If to Customer:
City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78469
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b. If to Gexa:
Gexa Energy, LP
20455 State Highway 249, Suite 200
Houston,Texas 77070
6.2 Payments. Payments shall be sent to the addresses noted below, or any other address the Party provides to
the other Party in writing:
a. If to Customer:
City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78469
b. If to Gexa:
Gexa Energy, LP
20455 State Highway 249, Suite 200
Houston,Texas 77070
SECTION 7: DEFINITIONS
7.1 Definitions. In addition to the terms defined elsewhere in this Agreement, when used with initial
capitalization, whether singular or plural, such capitalized terms shall have the meanings set forth in this Section 7.1.
All other capitalized terms used herein but not otherwise defined herein shall have the same meaning as defined in the
following documents, with any conflicting definitions contained in such documents being applied herein in the following
priority: PURA,the PUCT Substantive Rules, and the ERGOT Protocols.
1. "Actual Usage" means the actual amount of electric energy (in kWh) used at the ESI ID(s) as determined
by the TDSP.
2. "Aggregator"shall have the meaning given in Section 3.3.
3. "Aggregator Fee"shall have the meaning given in Section 3.3.
4. "Agreement"shall have the meaning given in the introductory paragraph.
5. "Applicable LaW'shall have the meaning given in Section E.11(c)of Attachment A to this Agreement.
6. "Appropriations Failure"shall have the meaning given in Section 5.1.
7. "Code" shall have the meaning given in Section A.3 of Attachment A to this Agreement.
8. "Consumer Protection Rules" shall have the meaning given in Section B.3 of Attachment A to this
Agreement.
9. "Customer'shall have the meaning given in the introductory paragraph.
10. "Customer Early Termination Damages"shall have the meaning given in Section 5.2.
11. "Gexa"shall have the meaning given in the introductory paragraph.
12. "Gexa Early Termination Damages"shall have the meaning given in Section 5.4.
13. "Delayed Effective Date Electricity Amount'shall have the meaning given in Section 1.3(b).
14. "Delayed Effective Date Period"shall have the meaning given in Section 1.3(b).
15. "Delivery Charges" means those charges or credits from the TDSP pursuant to its tariff, including, but not
limited to: Transmission and Distribution Charges, System Benefit Fund Charge, Nuclear Decommissioning Charge,
Competitive Transition Charge, Standard Customer Metering Charge, Customer Charge, Merger Savings and Rate
Reduction Credit, Excess Mitigation Credit and Utility Imposed Reactive Power Charges.
16. "Disclosing Party'shall have the meaning given in Section C.1 of Attachment A to this Agreement.
17. "Effective Date" means the date of the first reading of the meter on an ESI ID provided to Gexa by the
TDSP after the TDSP and ERCOT shall have timely performed any required enrollment and cancellation procedures
necessary to switch Customer's REP to such ESI ID to Gexa.
18. "Electricity Related Charges" includes, unless noted elsewhere otherwise: Ancillary Services Charge,
Congestion, ERCOT Administrative Fee, Delivery Loss Charge, Transmission Loss Charge, Renewable Energy Credit
Charge, Residential Energy Credit Charge, Unaccounted For Energy Charge, Qualified Scheduling Entity Charge,
Imbalance Settlement Charge.
19. "Energy Price(s)" means the rates per unit of measure specified in Section 2.1 and includes all Electricity
Related Charges.
20. "ERCOT'means the Electric Reliability Council of Texas.
21. "ERCOT Protocols" means the document adopted, published, and amended from time to time by ERCOT,
and initially approved by the PUCT,to govern electric transactions in the ERGOT Region, including any attachments or
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exhibits referenced in the document, that contains the scheduling, operating, planning, reliability, and settlement
policies, rules, guidelines, procedures, standards, and criteria of ERCOT, or any successor document thereto.
22. "ESI ID(s)" means the Electric Service Identifiers for the property service addresses identified on
Attachment B to this Agreement, as such list may be modified from time to time as provided in Section 1.4.
23. "Event of Default"shall have the meaning given in Section D.1 of Attachment A to this Agreement.
24. "Expected Usage"shall have the meaning given in Attachment B to this Agreement.
25. "Force Majeure Event(s)"shall have the meaning given in Section B.5 of Attachment A to this Agreement.
26. "kWh"means kilowatt hour.
27. "LMP"or"Locational Marginal Price" means the price calculated for the applicable trading hub pursuant to
the ERCOT Protocols.
28. "Market Rate" means one hundred forty percent(140%) of the load-weighted average of the hourly LMPs
at the corresponding trading hub, as determined for any delivery period.
29. "Nodal Market' means the implementation of wholesale market design by ERCOT with locational marginal
pricing for resources.
30. "Nodal Congestion" means the positive difference in price between the real-time settlement point price as
determined by ERCOT for the trading hub and the real-time settlement point price as determined by ERCOT for the
load zone associated with the customer Facilities.
31. "Non-Recurring Charges" means any charges imposed by the TDSP or other third parties on a non-
recurring basis for services, repairs or additional equipment needed for Customer's electric service.
32. "Party'or"Parties" shall have the meaning given in the introductory paragraph.
33. "PUCT"means Public Utility Commission of Texas.
34. "REP"shall have the meaning given in Section 1.1.
35. "Special Loads" shall have the meaning given in the Letter Agreement.
36. "Taxes"means all taxes, assessments, levies, duties, charges,fees and withholdings of any kind levied by
a duly-constituted taxing authority and all penalties, fines, and additions to tax, and interest thereon that are directly
related to the services provided under this Agreement, but does not include the System Benefit Fund fee and fees and
charges imposed by ERCOT. By way of example only,Taxes includes: Sales Tax, Miscellaneous Gross Receipts Tax,
PUCT Assessment Fees and Franchise Fees.
37. "TCAP" means Texas Coalition for Affordable Power, an aggregation pool of governmental and other
entities organized and administered by TCAP of which Customer is a member for the ESI IDs.
38. "Term"shall have the meaning given in Section 1.3(a).
39. "TDSP" or "Transmission and Distribution Service Provider" means an entity regulated by the State of
Texas,which transmits or distributes electric energy.
40. "Wholesale Transaction" means the transaction evidenced by the Confirmation whereby Gexa will
purchase and PMI will provide full requirements energy and related services necessary to satisfy electricity
consumption of TCAP members as served by retail provider Gexa.
Attachments:
Attachment A Terms and Conditions of Service
Attachment B Offer Sheet(ESI ID list and Expected Start Date)
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CUSTOMER: GEXA:
Gexa Energy, LP, By its General Partner Gexa
City of Corpus Christi Energy GP, LLC
Printed: j�,l `c ,>,. I Printed: Mark lanni
Title: -1--(7,14 P /1 6.7_'r te/.c-.2. / Title: President
Date: SI cy mac,i I Date: 5/3/2011
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Terms and Conditions of Service
Attachment A
These Terms and Conditions of Service form an integral part of the Commercial Electricity Service Agreement between Customer
and Gexa. In addition to the terms defined elsewhere in this Agreement,when used with initial capitalization,whether singular or plural,
such capitalized terms shall have the meanings set forth in Section 7.1 of this Agreement. Customer should thoroughly review the
entire Agreement,including these Terms and Conditions of Service,before executing this Agreement.
A. REPRESENTATIONS AND WARRANTIES
A.1 Customer's Representations and Warranties. As a material inducement to entering into this Agreement, Customer hereby
represents and warrants to Gexa as follows: (a) it is a duly organized entity and is in good standing under the laws of Texas; (b)the
execution and delivery of the Agreement are within its powers, have been duly authorized by all necessary action, and do not violate
any of the terms or conditions in any contract to which it is a party or any Law applicable to it; (c)the performance of this Agreement
shall be duly authorized by all necessary action and shall not violate any of the terms or conditions in any contract to which it is a party;
(d)as of the date sales of electricity by Gexa to Customer pursuant to this Agreement commence, Customer shall have all regulatory
authorizations necessary for it to legally perform its operations and such performance shall not violate any of the terms or conditions in
any contract to which it is a party or any law applicable to it; (e) this Agreement constitutes a legal, valid, and binding obligation of
Customer enforceable against it in accordance with its terms,subject to bankruptcy,insolvency,reorganization,and other laws affecting
creditor's rights generally, and with regard to equitable remedies, subject to the discretion of the court before which proceedings to
obtain same may be pending;(f)there are no bankruptcy, insolvency,reorganization,receivership,or other similar proceedings pending
or being contemplated by it, or to its knowledge threatened against it; (g)there are no suits, proceedings,judgments, rulings,or orders
by or before any court or any government authority that could materially adversely affect its ability to perform the Agreement;and(h)as
of the Effective Date and throughout the Term of this Agreement,there is no other contract for the purchase of electricity by Customer
for the ESI ID(s), or, if such a contract presently exists, that it will terminate prior to the delivery of electricity to Customer under this
Agreement. In addition to the foregoing, Customer hereby represents and warrants to Gexa that Customer has complied with the
requirements of Section 2162, Texas Government Code and all applicable contracts (including, but not limited to, Contract 050110-
CCG-EM)awarded by the Council on Competitive Government regarding the bidding or awarding of this Agreement.
A.2 Gexa's Representations and Warranties.As a material inducement to entering into this Agreement,Gexa hereby represents
and warrants to Customer as follows: (a)it is duly organized,validly existing,and in good standing under the laws of the jurisdiction of
its formation and is qualified to conduct its business in those jurisdictions necessary to perform the Agreement; (b)the execution and
delivery of the Agreement are within its powers, have been duly authorized by all necessary action, and do not violate any of the terms
or conditions in its governing documents or any contract to which it is a party or any Law applicable to it; (c)the performance of the
Agreement shall be duly authorized by all necessary action and shall not violate any of the terms or conditions in its governing
documents or any contract to which it is a party; (d)as of the date sales of electricity by Gexa to Customer pursuant to the Agreement
commence, Gexa shall have all regulatory authorizations necessary for it to legally perform its operations and such performance shall
not violate any of the terms or conditions in its governing documents, any contract to which it is a party,or any law applicable to it;and
(e)the Agreement constitutes a legal,valid,and binding obligation of Gexa enforceable against it in accordance with its terms, subject
to bankruptcy, insolvency, reorganization, and other laws affecting creditor's rights generally, and with regard to equitable remedies,
subject to the discretion of the court before which proceedings to obtain same may be pending.
A.3 Forward Contract. The Parties acknowledge and agree that (i) this Agreement constitutes a forward contract within the
meaning of the United States Bankruptcy Code("Code"); (ii)Gexa is a forward contract merchant; and(iii)either Party is entitled to the
rights under,and protections afforded by,the Code.
B. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITIES
B.1 LIMITATIONS OF LIABILITY. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR AS OTHERWISE
PROVIDED HEREIN, SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. GEXA WILL NOT BE LIABLE TO CUSTOMER FOR
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OR LOSS OF REVENUES OR PROFIT.
THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGE. EXCEPT FOR (a) THE
GEXA EARLY TERMINATION DAMAGES DUE IF GEXA DEFAULTS, (b)THE CUSTOMER EARLY TERMINATION DAMAGES DUE
IF CUSTOMER DEFAULTS, AND (c) THE WHOLESALE TRANSACTION TERMINATION PAYMENT, THE LIABILITY OF EITHER
PARTY TO THE OTHER FOR ANY OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE
AMOUNT OF ALL DOLLARS PAID BY CUSTOMER TO GEXA(IF CUSTOMER)OR RECEIVED BY GEXA(IF GEXA)PURSUANT TO
THIS AGREEMENT. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT.
B.2 Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially
reasonable efforts to minimize any damages it may incur as a result of the other Party's performance or non-performance of this
Agreement.
B.3 WAIVER OF CUSTOMER PROTECTION RULES AND CONSUMER RIGHTS. THE PARTIES FURTHER ACKNOWLEDGE
THAT THE CUSTOMER PROTECTION RULES ADOPTED BY THE PUBLIC UTILITY COMMISSION (AS CONTAINED IN ITS
SUBSTANTIVE RULES 25.471 ET SEQ.) ("CUSTOMER PROTECTION RULES") SHALL NOT APPLY TO THIS AGREEMENT
EXCEPT FOR THE FOLLOWING RULES: 25.481, 25.485(b),(d), and (e), and 25.495. EXCEPT AS SET FORTH IN THIS SECTION,
CUSTOMER HEREBY EXPRESSLY WAIVES THE CUSTOMER PROTECTION RULES TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW. CUSTOMER FURTHER HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES—
A-1
CONSUMER PROTECTION ACT, SECTION 17.41, ET. SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES
CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. CUSTOMER REPRESENTS AND WARRANTS TO Gexa THAT: (a)
CUSTOMER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION IN RELATION TO Gexa; (b) CUSTOMER IS
REPRESENTED BY LEGAL COUNSEL THAT WAS NEITHER DIRECTLY NOR INDIRECTLY IDENTIFIED, SUGGESTED OR
SELECTED BY Gexa; AND (c)CUSTOMER VOLUNTARILY CONSENTS TO THIS WAIVER AFTER CONSULTATION WITH ITS
LEGAL COUNSEL.
B.4 UCC/Disclaimer of Warranties. Customer and Gexa acknowledge and agree that the electricity delivered hereunder is a
"good"as that term is understood in the Texas B&CC (UCC §2.105). The Parties further agree that the rules promulgated therein,to
the extent that they can be, are waived and they do not apply to this Agreement, except as provided for herein. If there is any conflict
between the UCC and this Agreement, the Parties acknowledge that this Agreement will control. The Parties understand and
acknowledge that neither Party controls nor physically takes possession of the electric energy prior to delivery to Customer's ESI ID(s).
Therefore,neither Party will be responsible to the other for any damages associated with failing to deliver the electric energy nor for any
damages it may cause prior to delivery to Customer's ESI ID(s). The electric energy will be delivered to Customer's ESI ID(s)where it
will be deemed in possession and in control of Customer. THE ELECTRICITY SOLD UNDER THIS AGREEMENT WILL MEET THE
QUALITY STANDARDS OF THE APPLICABLE LOCAL DISTRIBUTION UTILITY AND WILL BE SUPPLIED FROM A VARIETY OF
SOURCES. Gexa MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS
AGREEMENT, AND Gexa EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Further, Customer agrees and
acknowledges that Gexa EXPRESSLY NEGATES ALL OTHER REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL,
EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF WARRANTY WITH RESPECT TO CONFORMITY,TO MODELS
OR SAMPLES,MERCHANTABILITY,OR FITNESS FOR A PARTICULAR PURPOSE.
B.5 Force Majeure. Gexa will make commercially reasonable efforts to provide electric service, but does not guarantee a
continuous supply of electricity. Gexa does not generate electricity nor does it transmit or distribute electricity. Causes and events out
of the control of Gexa and Customer("Force Majeure Event(s)")may result in interruptions in service or the ability to accept electricity.
If either Party is unable to perform its obligations,in whole or in part,due to a Force Majeure Event,then the obligations of the affected
Party (other than the obligation to pay any amounts owed to Gexa that relate to periods prior to the Force Majeure Event) shall be
suspended to the extent made necessary by such Force Majeure Event. Therefore, neither Party shall be liable to the other Party for
damages caused by Force Majeure Events,including acts of God,acts of,or the failure to act by,any governmental authority(including
the PUCT or ERCOT and specifically including failure by ERCOT to make Customer read data available), accidents, strikes, labor
troubles, required maintenance work, events of "force majeure" or `uncontrollable force" or a similar term as defined under the
applicable transmission provider's tariff, inability to access the local distribution utility system, non-performance by the supplier or the
local distribution utility,changes in laws, rules,or regulations of any governmental authority(including the PUCT or ERGOT)that would
prevent the physical delivery of energy to Customer's facilities, or any cause beyond such Party's control. The Parties agree that an
Appropriations Failure and a Scheduling Failure shall not be considered a Force Majeure Event.
C. CONFIDENTIALITY AGREEMENT
C.1 Confidentiality. Gexa acknowledges that Customer is a governmental body subject to public information laws, including
Chapter 552 of the Texas Government Code. Subject to such laws that may require disclosure of information, and upon the written
request of a Party (in such capacity, the `Disclosing Party"), the other Party (in such capacity, the "Receiving Party') shall keep
confidential and not disclose any Confidential Information which is disclosed to the Receiving Party by the Disclosing Party except for
disclosures to Authorized Paties or as required by law. For purposes hereof, "Confidential Information" means the terms of this
Agreement and any other information in written or other tangible form which is marked as "Confidential" when it is disclosed to the
Receiving Party, except that Confidential Information shall not include information which (i) is available to the public, (ii) becomes
available to the public other than as a result of a breach by the Receiving Party of its obligations hereunder, (iii) was known to the
Receiving Party prior to its disclosure by the Disclosing Party, or(iv) becomes known to the Receiving Party thereafter other than by
disclosure by the Disclosing Party. The provisions of this Section shall apply regardless of fault and shall survive termination,
cancellation, suspension, completion or expiration of this Agreement for a period of two (2) years. Customer agrees that Gexa may
provide TCAP with any information requested by TCAP about Customer's account and billings. As used herein, the term "Authorized
Parties" shall mean such officers, directors, employees, agents, representatives and professional consultants of the Parties, and of
such of its affiliates,that have a need to know the Confidential Information for the purpose of evaluating and performing this Agreement
and the transaction covered hereby.
D. DEFAULT AND REMEDIES
D.1 Events of Default. An event of default ("Event of Default") means: (a) the failure of Customer to make, when due, any
payment required under this Agreement for any amount that is not reasonably disputed if such payment is not made within fifteen(15)
business days after receipt of written notice(facsimile or electronic mail are valid forms of notice for this paragraph)from Gexa; or(b)
any representation or warranty made by a Party proves to be false or misleading in any material respect; or(c)except as provided in
clause (a) above or otherwise in this section D.1, the failure of any Party to perform its obligations under this Agreement and such
failure is not excused by Force Majeure and remains uncured following 20 business days written notice of such failure; (d) the
defaulting Party (i) makes an assignment or any general arrangement for the benefit of creditors; or (ii) files a petition or otherwise
commences, authorizes or acquiesces to a bankruptcy proceeding or similar proceeding for the protection of creditors, or have such
petition filed against it and such petition is not withdrawn or dismissed within 20 business days after such filing; or (iii) otherwise
A-2
becomes insolvent;or(iv)is unable to pay its debts as they fall due;or(v)fails to establish, maintain or extend Credit in form and in an
amount acceptable to Gexa when required; or (e) the Wholesale Transaction is terminated by reason of a default by Gexa under
CESAs with other TCAP members or by reason of a default by PMI under the Wholesale Transaction. If an Event of Default listed in
subsection(d)above occurs,a Default will be deemed to have automatically occurred prior to such event.
D.2 Remedies upon an Event of Default. If an Event of Default shall have occurred and be continuing,the non-defaulting Party,
upon written notice to the defaulting Party,shall have the right(a)to commence an action to require the defaulting Party to remedy such
default and specifically perform its duties and obligations hereunder in accordance with the terms and conditions hereof;(b)to exercise
such other rights and remedies as it may have at equity or at law, subject however to the Limitations on Liabilities above; and (c)to
suspend performance under this Agreement; provided, however, in no event shall any such suspension continue for longer than ten
(10) Business Days unless an early termination of this Agreement has been declared and notice thereof pursuant to this Agreement
given. If Customer is responsible for the occurrence of an Event of Default and it fails to cure within ten (10) days of written notice
(such additional cure period does not apply to default for non-payment), in addition to any other remedy, Gexa may(i)terminate this
Agreement; and (ii) charge Customer the Customer Early Termination Penalty pursuant to Section 5 of this Agreement.
Notwithstanding the above, Gexa may not disconnect or order disconnection of service to Customer unless the following events have
all occurred: (1) Customer has an Event of Default for nonpayment under Section D.1(a)above, (2) Gexa gives Customer a ten (10)
day written disconnection notice; and (3)Customer does not pay all undisputed outstanding payments owed by the end of the ten (10)
day notice period. .
E. MISCELLANEOUS PROVISIONS
E.1 Disclaimer. This Agreement shall not constitute, create, or otherwise recognize the existence of a joint venture, association,
partnership,or other formal business entity of any kind among the Parties and the rights and obligations of the Parties shall be limited to
those set forth in this Agreement.
E.2 Headings. The descriptive headings of the Articles and Sections of this Agreement are inserted for convenience only and are
not intended to affect the meaning,interpretation or construction of this Agreement.
E.3 Waiver. Except as otherwise provided in this Agreement, any failure of a Party to comply with any obligation, covenant,
agreement, or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the
Party granting such waiver, but such waiver shall not operate as a waiver of, or estoppel with respect to any subsequent failure of the
first Party to comply with such obligation,covenant,agreement,or condition.
E.4 Assignment. Except as provided in the Letter Agreement, Customer may not assign this Agreement, in whole or in part,or
any of its rights or obligations hereunder without the prior written consent of Gexa, which shall not be unreasonably withheld and may
be withheld in any event if such proposed assignee fails to be at least as creditworthy as proposed assignor as of the Effective Date.
Gexa may, to the fullest extent allowed by law: (a) transfer, sell, pledge, encumber or assign the revenues or proceeds hereof in
connection with any financing or other financial arrangement;(b)transfer or assign this Agreement to an affiliate of Gexa with operating
capability and financial condition substantially similar to GEXA; (c)transfer or assign this Agreement to any person or entity succeeding
to all or substantially all of the assets of Gexa with an operating capability and financial condition substantially similar to Gexa as of the
execution date of this Agreement; and/or (d) transfer or assign this Agreement to a certified REP with an operating capability and
financial condition substantially similar to Gexa as of the execution date of this Agreement. In the case of(b), (c), or (d), any such
assignee shall agree in writing to be bound by these Terms and Conditions of Service. Upon any such assignment, Customer agrees
that Gexa shall have no further obligations under this Agreement.There shall be no assignment by Gexa to a non-affiliated entity that
has (including its guarantor) a lower credit than BBB- without the prior written consent of TCAP, which shall not be unreasonably
withheld.
E.5 No Third-Party Beneficiaries. The Parties do not intend that this Agreement confer any rights or remedies on any person or
party other than the Parties, their successors and permitted assigns; provided, however, that the Parties recognize that TCAP shall
receive the Aggegator Fee.
E.6 Severability. If any of the provisions of this Agreement is held to be unenforceable or invalid by any court or regulatory
authority of competent jurisdiction, the Parties shall, to the extent possible, negotiate an equitable adjustment to the provisions of this
Agreement, with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions
hereof shall not be affected thereby.
E.7 Entire Agreement; Amendments. This Agreement constitutes the entire understanding between the Parties, and
supersedes any and all previous understandings, oral or written, with respect to the subject matter hereof. This Agreement may be
amended only upon mutual agreement of the Parties,which amendment shall not be effective until reduced to writing and executed by
the Parties.
E.8 Further Assurances. The Parties hereto agree to promptly execute and deliver, at the expense of the Party requesting such
action, any and all other and further instruments and documents which may be reasonably requested in order to effectuate the
transactions contemplated hereby.
E.9 Emergency,Outage and Wire Service. In the event of an emergency,outage or service need, Customer must call the TDSP
for the service area of the ESI ID experiencing the emergency,outage or service need.
E.10 Customer Care. Customer may contact Gexa Customer Care if Customer has specific comments, questions, disputes, or
complaints toll free at 1-866-961-9399, Monday to Friday 7:00 a.m.—8:00 p.m. CST and Saturday from 8:00 a.m.—2:00 p.m.. Gexa
shall assist and cooperate with Customer regarding communications with a TDSP relating to service to any ESI ID identified on
Attachment B.
E.11 Governing Law.
A-3
a. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas
applicable to contracts made and to be performed in the State of Texas,without regard to the conflict of laws provisions thereof.
b. The Parties agree that all disputes between them which arise under this Agreement and which are not settled shall be
decided by a court of competent jurisdiction in Hams County,Texas,and the Parties submit to the jurisdiction of the courts of the State
of Texas and the Federal District Courts in Houston, Harris County,Texas. All disputes will be governed under the laws of the State of
Texas.
c. Subject to the provisions of E.11.a. above,this Agreement shall be subject to, and in the performance of their respective
obligations under this Agreement the Parties shall comply with, all applicable federal,state and local laws, regulations and requirements
(including the rules, regulations and requirements of quasigovernmental and regulatory authorities with jurisdiction over the Parties,
including ERCOT)(collectively,"Applicable LaW').
E.12 No Presumption Against Drafting. Both Parties contributed to the drafting of this Agreement. The rule of construction
that any ambiguity is construed against the party who drafted this Agreement shall not be applied to this Agreement.
E.13 Counterparts; Facsimile Copies. This Agreement may be executed in counterparts, all of which shall constitute one and
the same Agreement and each of which shall be deemed to be an original. A facsimile copy of either Party's signature shall be
considered an original for all purposes under this Agreement along with any amendments pursuant to E.7 above, and each Party shall
provide its original signature upon request.
E.15 Offer for Electric Service; Refusal of Service. This Agreement, including these Terms and Conditions of Service, shall
constitute an offer for electric service, and this Agreement is expressly conditional on acceptance of this Agreement by Gexa. Gexa
may refuse to provide electric service to Customer subject to the requirements of Applicable Law.
A-4
.-
Attachment B to CESA
Customer Contract Name City of Corpus Christi Expected Start Date
This attachment will only be valid upon complete review and acceptance by Gexa Energy.
Approved - 'd :reed by a or ed --pre.:-tive of Company named above
r ..
i irir'i ! ,I- g1,-aol
Customer Si:J Date
Please review,sign and scan to tcap@gexaenergy.com or fax to 866-788-4392
ESI/UAN ' Service Address City State Zip
1 10032789450855735 500 N Chaparral St Unit A Corpus Christi TX 78401
2 10032789457915525 300 N Chaparral St Unit A Corpus Christi TX 78401
3
4
5
6
7
8
9 Customer-First Service from fellow Texans.PowerUp'."'
10
1
11
04y 12 Sep
13
14 b Qj I4Ce_ Iv' pr1(Ina COn Ai
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18 Texas III
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20 Power IIII SERVING TEXAS.SERVING YOU
21 TexasPower.net
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36
s
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TRANSMISSION VERIFICATION REPORT
TIME : 02/25/2014 15:50
NAME : CC CITY ATTORNEY
FAX : 3618263239
TEL : 3618263360
SER.# : 000D0N421470
DATE,TIME 02/25 15:49
FAX NO./NAME 918667884392
DURATION 00:01:10
PAGE(S) 02
RESULT OK
MODE STANDARD
0, ,35 Cr% CitY Q CorpusChrig kW=
(4 kr,1 Corpw Cliristi AU-America Oh
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1114'nR 00git° 2003
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DATE: February 25, 2014
TO: GEXA ENERGY
FAX NO,: 866-788-4392
RE: Attachment B to CESA
FROM: Ronald L. Olson
No. of pages 2 (Including this page)
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DATE: February 25, 2014
TO: GEXA ENERGY
FAX NO.: 866-788-4392
RE: Attachment B to CESA
FROM: Ronald L. Olson
No. of pages 2 (Including this page)
Please respond to our telecopier(361)826-3239 or our office(361)826-3360 in the event of any difficulty in transmission.
;;: 7.7: y V t T fhis tri - � en m n
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'4
P.O.Box 9277-Corpus Christi,TX 78469-9277-(361)826-3360/FAX(361)826-3239
From: FAXmaker To:3618263239 Page: 1/2 Date: 2/25/2014 5:12:46 PM
/
". . . ' - . .. ::::E•::::::::::::izSit :.:11:::iini.Lill '
•X
20455 SH 249,Suite 200 Houston,Texas 77070
Customer Care Phone:713.961.9399 or 866.961.9399
Main Fax:713.961.7997 or 877.658.0550
NYSE:FPL
FACSIMILE TRANSMITTAL SHEET
TO: 3618263239
FROM: email TCAPrelations,
DATE: 2/25/2014- 5:12:37 PM
SUBJECT: RE: Fax received from 3618263239
NOTES/COMMENTS:
Good Evening,
Your document has been received. Please let us know if you have any questions or concerns
Thank you,
LaJuan Jordan
Commercial Account Management
Gexa Energy, a subsidiary of NextEra
TCAPggexaenergy.com
20455 State Highway 249
Suite 200
Houston, Texas 77070
Phone: 1-866-867-7322
Fax: 1-866-788-4392
This communication may be privileged or contain confidential information. If it has been sent to you in error,
please do not read it, reply to the sender that you received it in error, and delete it. Any distribution or other
reproduction is strictly prohibited.
Original Message
From: 3618263239 [mailto:3618263239@gexafax.local]
Sent: Tuesday, February 25, 2014 3:49 PM
From: FAXmaker To:3618263239 Page: 2/2 Date: 2/25/2014 5:12:46 PM
To: email TCAPrelations
Subject: Fax received from 3618263239
*********************************************************
INCOMING FAX REPORT
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Status: Received
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