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Peak Time Rate and Critical Peak Pricing Terms and Conditions

Consumers Energy’s Dynamic Peak Pricing programs, including the Peak Time Rewards program and the Critical Peak Pricing program (collectively “the programs”), are voluntary programs governed by the Residential Dynamic Pricing (RDP) and Residential Dynamic Pricing Rewards (RDPR) rates as approved by the Michigan Public Service Commission (“MPSC”) in Consumers Energy’s Rate Book for Electric Service and any applicable MPSC orders.

The programs are subject to the following terms and conditions:

ELIGIBILITY:

These programs are available to electric-only and combination (electric and natural gas) customers, served on a residential rate and who have a smart meter installed at the premises. Customer eligibility to participate in this program is determined solely by Consumers Energy and participating customers may be de-enrolled at any time at Consumers Energy’s discretion. The customer will be required to provide contact information needed to receive mandatory program communications, as described below.

ENROLLMENT & DE-ENROLLMENT:

After enrollment is requested, customers will be enrolled in the program within five business days. A customer is able to de-enroll within the first 90 days of enrollment. De-enrollment will happen within five business days after being requested. Enrollment is voluntary; however, following a 90-day de-enrollment period, you commit to a minimum of 12 months program enrollment, or until moved out of the premises.

ENERGY SAVINGS EVENTS:

Participating customers agree to participate in planned demand response events called “Energy Savings Events.” Energy Savings Events may be implemented for, but not limited to, maintaining system integrity, making an emergency purchase, economic reasons, or when there is insufficient system generation available to meet anticipated system load. You will always be notified prior to a planned Energy Savings Event. Such events will be determined by Consumers Energy and energy consumption during these periods will be subject to different rates as outlined in the Rate Book for Electric Service.

PROGRAM COMMUNICATIONS:

Customer agrees to receive mandatory program communications and to provide and maintain valid contact information for such communications. Customer accepts responsibility for the receipt of these communications and for any increased energy charges resulting from failure to receive them. By enrolling, customer accepts Consumers Energy’s Electronic Communications Terms & Conditions including but not limited to those provisions regarding automated voice notifications and text messages when the customer provides a phone number. Customer is required to provide an email address for communication.

ENERGY CHARGES FOR ESTIMATED METER READS:

In the event energy use data is estimated, it will be billed at the lowest rate applicable during which the energy use could have occurred.

For customers enrolled in the Peak Time Rewards program, in the event actual energy use data for an Energy Savings Event is not received and the bill credit earned cannot be determined, the customer will receive a flat credit of $3.00. Customers enrolled in Critical Peak Pricing program will not be charged at a critical peak rate for estimated energy use during an Energy Savings Event.

INFORMATION RELEASE:

Customer agrees that Consumers Energy may include customer’s name, address, email, phone number, Consumers Energy account number, Consumers Energy services and resulting energy savings (“Information”) in a database hosted by a contractor of Consumers Energy, and such Information may be included in reports or other documentation submitted to the Michigan Public Service Commission (“Reports”). Consumers Energy will treat such information as confidential and the Information in the Reports shall only be in the aggregate.

BILL SAVINGS:

The Dynamic Peak Pricing program rates are voluntary rates designed to enable customers to reduce their energy bill through changing their behavior to reduce energy use during high-cost times of peak demand. In no way does Consumers Energy guarantee customers will receive a bill reduction due to participating in this program, and participating customers accept the risk that participation may add to monthly electric bills.

LIMITATION OF LIABILITY:

Consumers Energy’s liability is limited to billing the customer at the approved rate. In no event will Consumers Energy be liable whether in the contract, tort (including negligence), strict liability, warranty or otherwise for special, incidental, or consequential damages connected with or resulting from participation in this program.

AUTHORITY:

Customer represents that they have the authority to enroll in this program and that all information provided to Consumers Energy is true and accurate and the customer accepts the terms and conditions stated herein.

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