Dynegy Energy Services

Our small business contracts under Dynegy Energy Services (DES) contain the following Change in Law language which states that pricing can change due to a regulatory or tariff change. This language is in the contract provided to the customer for signatureChange in Law: If there is
a change in law, regulation, applicable tariff, or regulatory interpretation thereof that affects herein during the Term or Renewal Term as determined in the sole discretion of DES, DES shall modify those charges to reflect such change, and the modified charges shall appear on the next monthly invoice***, the electric reliability organization in the ComEd territory, filed a regulatory change with FERC that impacts capacity prices for customers in the *** marketThe change is designed to further improve electric reliabilityThe amount of the increase was not known until September 2015, after the May sign date of the customer contractThis is an increase that impacts electric suppliers’ cost, and therefore will be passed along on the customer’s contract, effective June 1, These types of regulatory/tariff changes are not frequent occurrences, and DES would only invoke a price change based on the specific language noted in the contract We understand that the price increase is frustrating to our customer, and will be contacting the customer to discuss further