InterAct Conditions of Use

PACIFIC GAS AND ELECTRIC COMPANY INTERACT WEBSITE CONDITIONS OF USE
(revised November, 03 2009)

NOTE: BEFORE ACCESSING THIS WEBSITE, YOU MUST REVIEW THE FOLLOWING CONDITIONS OF USE AND SIGNIFY YOUR AGREEMENT BY CLICKING "I AGREE" BELOW. IF YOU DO NOT AGREE TO THESE CONDITIONS OF USE, CLICK "I DO NOT AGREE" AND DO NOT USE THIS WEBSITE.

Welcome to Pacific Gas and Electric Company's InterAct website (the "Application") The Application is made available to qualifying customers ("you" or "users") and their authorized representatives ("authorized representatives"), of Pacific Gas and Electric Company ("PG&E") by Itron Corporation ("Itron") (PG&E and Itron shall be collectively referred to as "we" or "us") on the website owned and operated by PG&E and hosted by Itron at the following URL: http://inter-act.pge.com (the "Website"). These terms and conditions of use (the "Conditions of Use"), together with the PG&E and Itron Privacy Policies for the Website, set forth the terms and conditions of use of the Website and the Application for all users and authorized representatives, so please review both documents carefully.

Please check these Conditions of Use frequently, as we may change them from time to time by posting amended Conditions of Use on this Website. These Conditions of Use are subject to such changes by the California Public Utilities Commission (the "CPUC") as the CPUC may order from time to time. Except to the extent otherwise required by law, any changes made to these Conditions of Use will be effective in accordance with their terms, or at the time posted on this Website if not otherwise specified. You agree that neither PG&E nor Itron will be liable to you or any third party for any change in these Conditions of Use or any change or discontinuation of this Website and/or the Application. If you object to these Conditions of Use or any change hereto, you agree that your only remedy will be to, and you agree that you immediately will, end your use of this Website and the Application. By using the Website, you agree to these Conditions of Use.

By clicking "I Agree" below, each authorized representative represents and warrants that he or she is authorized to bind the relevant user to these Conditions of Use.

  1. Website Services.
    • The Application. The Application is a collection of Internet-based software tools on this Website to help you analyze and manage your use of energy. Interval energy usage data from PG&E interval meters installed on your premises is retrieved on a periodic basis for storage in our database. Such data may then be viewed, analyzed, and acted on by you using such software tools via this Website. There is no fee currently for use of the Application or this Website, but you are responsible for any and all telephone access fees or Internet access service fees that may be assessed by your telephone or Internet access service provider when accessing the Application or this Website.
    • User Technical Requirements. In order to use the Application, you must have (1) the appropriate interval meter installed and recording energy usage at the relevant facility, (2) remote data retrieval technology allowing interval energy usage data recorded by such meter to be retrieved, and (3) a computer system having the following characteristics:
      • Internet access;
      • Windows 9598/NT/2000 operating system;
      • At least 32MB RAM;
      • At least 10MB of available disk space;
      • 17" monitor or larger; and
      • Video card capable of supporting 1024 x 768 resolution.
    • Information You Submit. As a condition of using this Website, if you decide to provide information as prompted by various online forms or in other communications with either PG&E or Itron, you agree to provide accurate and complete information, and to update such data as necessary to keep it current, accurate, and complete.
    • Third Party Content. This Website contains and provides access to various data and materials supplied by third parties. The submitting third parties, and not PG&E or Itron, are solely responsible for any advertisements, opinions, advice, offers, energy or cost savings estimates, statements, data, information, content, services, tools, utilities, software, functions, or other materials that such third parties offer or express ("Third Party Content"). Please be advised that PG&E and Itron do not always independently review or verify, and cannot and do not guarantee, the accuracy, completeness, availability, quality, or usefulness of, any Third Party Content. Accordingly, under no circumstances shall PG&E or Itron be liable in any way for Third Party Content, or for any loss or damage of any kind relating to Third Party Content.
    • Third Party Sites. This Website may from time to time contain links to Internet sites or electronic services sponsored by third parties. If you click on one of these links, you will leave this Website and go to the third party Internet site. Please note that, when browsing such third party Internet sites, you are subject to, and should carefully review, the terms and conditions of use and the privacy policy for each such Internet site. Neither PG&E nor Itron is responsible for the content or operation of third-party Internet sites or electronic services reached by virtue of such links, and the presence of such links does not imply that PG&E or Itron endorses or is affiliated with such Internet sites or third parties, or any services or products offered by such third parties. NEITHER PG&E NOR ITRON IS RESPONSIBLE FOR THE FUNCTIONALITY, RELIABILITY, OR SECURITY OF, OR ANY ERRORS OR OMISSIONS IN, SUCH THIRD PARTY INTERNET SITES, AND NEITHER SHALL BE LIABLE FOR ANY HARM, LOSS, OR LIABILITY YOU SUFFER AS A RESULT OF USING OR RELYING ON SUCH INTERNET SITES.
  2. Disclaimers.
    • This Website and the Application are offered to you in connection with a pilot program funded by the CPUC. By using this Website, you understand and agree that you are participating in a pilot program, that this Website and the Application are being offered on an experimental basis in connection with the pilot program, and that this Website and the Application may be discontinued or substantially modified at any time without any prior notice to users or authorized representatives. This pilot program is at present a temporary and preliminary program, and we ask that all users and their authorized representatives using the Application and Website in this pilot program suggest improvements to the Application and Website so as to help PG&E evaluate its functionality, reliability, and utility. You may provide your feedback and suggested improvements to InterActSupport@pge.com. Thank you for participating!
    • Intended Use. At this time, this Website and the Application are only intended to be "test" or "pilot" collection of tools and information that may, in a general way, assist you in evaluating and making decisions about your energy usage and participation in load reduction or demand curtailment programs. You, however, must make those decisions based on your own individual circumstances and needs. Please note that the results of any analytical tools on this Website are dependent on input you provide or verify, and/or are generated using aggregated or averaged historical data that may or may not reflect your current or future circumstances. You are responsible for properly analyzing and verifying any information obtained on or through this Website or the Application, and we strongly recommend that you verify all such information with competent energy professionals before using or relying on it.
      THIS WEBSITE AND THE APPLICATION ARE NEITHER INTENDED NOR PROVIDED TO ALLOW YOU TO CALCULATE YOUR FUTURE ENERGY BILLS OR SAVINGS FROM LOAD REDUCTION OR DEMAND CURTAILMENT. ALL RATE ANALYSIS, RESULTS OF TRANSACTIONS, CALCULATIONS, OR REQUESTS ON THIS WEBSITE ARE ESTIMATES. ACCORDINGLY, DO NOT RELY ON THIS WEBSITE, THE APPLICATION OR THE PROPOSED RATES IN PREDICTING ACTUAL ENERGY BILLS OR COST SAVINGS OR AS THE SOLE BASIS FOR MAKING BUDGETARY OR ENERGY CONSUMPTION DECISIONS.
    • "Raw" Data. Without limitation of the foregoing paragraph, the data regarding your energy usage on your PG&E bill will not, in all likelihood, match the data you view using the Application. This is because, among other reasons, the Application currently may report varying time frames for usage readings, may contain gaps in usage readings, may not include the full range of PG&E's customary technical billing adjustments, may include Proposed Rates that have not been accepted by the CPUC and may not have undergone the bill validating, editing, and estimating ("VEE") process required and regulated by the CPUC. In addition, the official data regarding your curtailment of energy usage in response to a load reduction or demand curtailment event may not match the data you view using the Application. This is because, among other reasons, the Application currently may report varying time frames for usage readings, may contain gaps in usage readings, may not include the full range of customary technical adjustments by the relevant load reduction or demand curtailment program operator(s).
    • Proposed Rates. In addition to current electric energy prices, the Application includes a Tool (as defined in the Terms of Use For The Authenticated User Rate Analysis Tool Below) that includes electric energy rates proposed by PG&E (the “Proposed Rates”). These rates are made available to users strictly for informational purposes as the Proposed Rates have not yet been adopted by the CPUC. Because the CPUC has not adopted the Proposed Rates, users are cautioned not to use the Proposed Rates for any budgeting, planning of forecasting future electric energy costs as the Proposed Rates have not been approved and may be modified or rejected by the CPUC.
    • No Warranties. This Website, the Application, the Proposed Rates, the Site Content, the Third Party Content and any and all other data, content, software, function, or other materials available to you and your authorized representatives on or through this Website or the Application, including your energy usage data and load reduction or demand curtailment program data (collectively, the "Site Content"), are made available to you on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. We do not and cannot warrant that the Site Content will meet your requirements, will be timely, complete, accurate, secure, uninterrupted, or error-free, or that defects in any of the Site Content will be corrected. Neither PG&E nor Itron will be responsible for any errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the Site Content. You understand and expressly agree that your use of the Site Content is at your own discretion and at your sole risk, including that you will be solely responsible for any damage to your systems or facilities or loss of data that results from usage, downloading, or transmission of any Site Content.

      To the fullest extent permitted by applicable law, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, accuracy, completeness, reliability, system integration, quiet enjoyment, non-interference, non-infringement, and any other implied warranties arising from a course of dealing or usage of trade.
  3. Restrictions.You may use the Site Content and any information obtained or derived there from for your own internal business purposes and pursuant to these Conditions of Use. You and your authorized representatives may download and copy Site Content, provided that you and your authorized representatives retain all copyright, trademark, and all other proprietary notices displayed on the downloaded Site Content. You or your authorized representatives may not, however: (a) impersonate any other user, or any authorized representatives of any other user, or attempt to gain access to another user's data; (b) reverse engineer, translate, disassemble, decompile, or otherwise attempt to create any source code which is derived from any portion of the Site Content; or (c) publicly display or publicly perform, distribute to any third party, create derivative works of, or modify any portion of the Site Content in any way.
  4. Your Access.
    • Identification. In order to access the Application, you will have to use your "sign-up code," provided by PG&E, to create a profile and a password. You will then have to use your e-mail address and password to access the Application and your data stored in the Application.
    • Access Rights. The right to access information about a user is limited to such user and its authorized representatives. You are responsible for safeguarding your sign-up codes, e-mail addresses, and passwords. You will only provide your sign-up codes, e-mail addresses, and passwords to those of your employees and agents who you authorize to access and use this Website and the Application, and not to any unauthorized persons. You hereby release and hold PG&E and Itron harmless from any and all claims resulting from use of your sign-up codes, e-mail addresses, and passwords. You agree to be responsible for all the monitoring and use of your sign-up codes, e-mail address, and passwords, and for any and all acts or omissions (including the execution of transactions) by any person using your sign-up codes, e-mail addresses, and passwords. Neither PG&E nor Itron will have any responsibility whatsoever for monitoring, verifying, or controlling the use of any user's sign-up codes, e-mail addresses, and passwords. You agree to implement and enforce reasonable measure to protect the confidentiality of your sign-up codes, e-mail addresses, and passwords, and to notify us immediately by sending an email to InterActSupport@pge.com if you believe that the security of any of your sign-up codes, e-mail addresses, and passwords has been compromised.
    • Electronic Contracting. You agree that any transactions or electronic contracts you signify your agreement to on the Website or through the Application will be deemed "in writing," "signed" by you, and fully enforceable according to their terms. You agree to be bound by any such transaction or electronic contract entered into by any person using your sign-up code, e-mail address, and/or password, as the case may be.
  5. Prohibited Actions. You agree to abide by all applicable local, state, national, and international laws and regulations in connection with your use of this Website and the Application. Without limitation of the foregoing, you agree that you will not:
    • Engage in conduct, during use of this Website or the Application, that is illegal, unlawful, defamatory, libelous, threatening, harassing, abusive, fraudulent, or which violates any third party's rights of publicity or privacy;
    • Upload, post, publish, transmit, reproduce, distribute, export, or import through this Website or the Application any material or information that (i) infringes any third party's copyright, patent, trademark, service mark, trade dress, trade secret or other intellectual or proprietary rights, (ii) violates any contractual, fiduciary, or judicially-imposed obligations, or (iii) constitutes or encourages conduct that would (A) be a criminal offense, (C) give rise to civil liability, or (C) otherwise violate any law, regulation, or government order (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or advertising);
    • Interfere with, disproportionately burden, disrupt or violate the regulations, policies or procedures of this Website or servers, computer systems or networks connected to this Website, or interfere with Itron's or any other users' use and enjoyment of this Website, including but not limited to (i) uploading, posting, publishing, transmitting, or distributing through this Website or the Application any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other harmful or deleterious programs, or (ii) attempting to gain unauthorized access to this Website or mailing lists available through this Website, or (iii) using any software, bots, spiders, or other information-gathering devices or programming routines to monitor, copy, or otherwise "mine" information displayed on this Website for display on or use with any Internet site or electronic service;
    • Upload, post, publish, transmit, or distribute through this Website or the Application any materials containing or constituting advertising, solicitations, bulk emails or spam, chain letters, pyramid schemes, investment opportunities or offers for the sale of services or goods;
    • Upload, post, publish, transmit, reproduce or distribute through this Website or the Application any material or information that is violent, profane, hateful, vulgar, obscene, pornographic, sexual, harmful to minors, adult in nature, or otherwise objectionable;
    • Use the Application or this Website to gain unauthorized entry or access to other computer systems or networks, another user's account, or information about another user;
    • Refuse to follow PG&E or Itron staff instruction or direction;
    • Mirror this Website, the Application or any of its content on another server, or otherwise retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of this Website or any portion thereof;
    • Provide false, inaccurate, or misleading information on this Website, or impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content that you post or otherwise transmit to us or via this Website; or
    • Create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers (ISPs) or other suppliers.

      Please note that use of the Application will use (or cause to be used) equipment located in California, and that violations of this Section 5 (Prohibited Actions) may therefore subject you to civil or criminal liability under, without limitation, California Business & Professions Code Section 17538.45.
  6. Termination. You understand and agree that we may at any time, and without notice, modify or discontinue any aspect or component of this Website or the Application, including removing any information regarding your energy usage. In addition, we reserve the unqualified right to suspend or terminate your (or your authorized representatives) access to this Website or the Application at any time, without notice, and for any reason or no reason. Upon any termination of your access to this Website or the Application, you agree to immediately delete or destroy any downloaded or printed material obtained from this Website or the Application. Upon any termination, you agree that we may, but are not obliged under these Conditions of Use to, immediately delete and discard all of your information stored on this Website or in our database and bar any further access to such information. Nothing in this paragraph will relieve you of obligations incurred and accrued prior to the effective date of any termination.
  7. Intellectual Property Rights.
    • Content On This Website. Except as to Third Party Content, all other content on this Website, including all Site Content, text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software, and code, and the compilation (meaning the collection, arrangement, and presentation) of any of the foregoing items, is the property of PG&E, Itron, or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. You may view, download, and print content displayed on this Website, provided that you retain all copyright, trademark, and other proprietary notices displayed on the materials. Any unauthorized use of this Website or any content on this Website is expressly prohibited by copyright, trademark, privacy, and communications laws and regulations, and may result in severe civil and criminal penalties.
    • Marks On This Website. The names, trademarks, service marks, logos, graphics, page headers, button icons, logos, scripts, trade dress, look and feel, domain names, URLs, and other marks, notices, and identifiers ("Marks") used and displayed on this Website are registered and unregistered trademarks and related intellectual property of PG&E, Itron, and others in the United States and other countries. You may not use any Mark without the express prior written permission of PG&E, Itron, or other owner, as the case may be. You may not use any "meta tags" or any other "hidden text" utilizing any of the Marks, or purchase placement in search results on Internet search engines for searches incorporating any of the Marks, without the express prior written permission of PG&E, Itron, or other owner, as the case may be.
    • Alleged Infringement On This Website. If you believe that any material on this Website infringes another party's intellectual or proprietary rights, contact us promptly at InterActSupport@pge.com so that we may investigate the situation and, if appropriate, block or remove the material.
  8. Other Agreements. Our collection of your personal and business information on this Website, and our use and disclosure of such information, is subject to the Privacy Policy of PG&E and Itron for this website ("Privacy Policy"). Please consult the Privacy Policy for further details about your use of the Application and the treatment of your personal information. These Conditions of Use and the Privacy Policy state the complete and exclusive statement of the agreement between you and PG&E regarding this Website and the Application, and supersede all prior or contemporaneous oral, written, or electronic agreements, communications, or understandings between you and your authorized representatives, on the one hand, and PG&E and Itron on the other hand, regarding this Website and the Application, including prior versions of these Conditions of Use and the Privacy Policy. As noted above, changes posted to these Conditions of Use will be effective in accordance with their terms, or at the time posted on this Website, if not otherwise specified. Please note that any descriptions of this Website or the Application on any other Internet site, including without limitation www.pge.com or www.Itron.com, do not the providing of this Website or the Application and are expressly superseded by these Conditions of Use. No waivers or amendments of these Conditions of Use will be effective unless posted on this Website. In the event of a dispute regarding the Application or this Website, you and PG&E agree to resolve the dispute by looking to these Conditions of Use. If there is a conflict between what an employee of PG&E or Itron says and these Conditions of Use, these Conditions of Use will prevail.
  9. Indemnity. You agree to defend, indemnify, and hold harmless PG&E, Itron, and each of their parent, subsidiary, and affiliated entities, and the officers, directors, employees, managers, members, contractors, agents, successors, or assigns of any of the foregoing entities ("indemnities"), from and against any and all claims, demands, liabilities, judgments, settlements, losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees, experts' fees, and court costs) (collectively, "Losses"), under any theory of liability (whether in contract, tort, strict liability, or otherwise), which any of them may incur themselves or pay out to another, in each case by reason of any claim, action, or proceeding brought by a third party, at law or in equity, that arises out of or in any way connected with (a) use of the Site Content by you or any other person using your sign-up codes, e-mail addresses, and passwords, (b) the placement or transmission of any message, information, software, or other materials or content on or through this Website by you or any other person using your sign-up codes, e-mail addresses, and passwords, or (c) the violation of any provision of these Conditions of Use by you or any other person using your sign-up codes, e-mail addresses, and passwords.
  10. Limitation on Liability.
    • Service Provided by Itron; PG&E Not Liable. The Website and Application is provided to you by PG&E but is made available to you on servers and via web pages hosted and maintained by Itron and its subcontractors. As such, the provision of the Website to you is solely the responsibility of Itron. Accordingly, neither PG&E nor any of its parent, subsidiary, or affiliated entities, nor any of the officers, directors, employees, managers, members, contractors, agents, successors, or assigns of any of the foregoing entities, will be liable to you or any third party for any Losses, including without limitation any indirect, consequential, incidental, exemplary, special, or punitive damages (including without limitation damages resulting from lost profits, lost revenues, loss of data, debt service, or costs of procurement of substitute products or services), arising out of or in connection with the Website, regardless of whether or not PG&E knew or should have known of the possibility of such Losses.
    • Maximum Liability. In no event will the liability of any indemnity for any Losses, under any theory of liability (whether in contract, tort, strict liability, or otherwise), exceed the amount you paid to access and use this Website, regardless of whether such parties knew or should have known of the possibility of such Losses.
    • Disclosure To Your Designees. In the event that you authorize or direct us to do so, we will forward your interval energy usage information or other business information to third parties nominated by you, such as aggregators under the California Demand Reserves Program with whom you have signed curtailment agreements. In such event, you hereby release and hold harmless all indemnities from and against any and all Losses, under any theory of liability (whether in contract, tort, strict liability, or otherwise), which any of them may incur themselves or pay out to another, in each case by reason of any claim, action, or proceeding brought by a third party, at law or in equity, that arises out of or relates to (a) the transmission of your interval energy usage information or other business information to such third parties, or (b) any act or omission to act by such third parties with respect to such information; provided, however, that you shall have no obligation to release or hold harmless any indemnity to the extent any of such claims, actions, or proceedings arise out of the gross negligence or willful misconduct of such indemnity.
  11. Other.
    • Compliance with Laws; Disputes. Itron controls and operates this Website from its headquarters at 1111 Broadway, Suite 1800, Oakland, California 94607, USA. Use of the Application and this Website will be deemed to take place solely in California.
    • Disputes. These Conditions of Use will be governed by the substantive laws of the State of California, as applied to contracts entered into between California residents and performed in California, regardless of whether you reside or transact business with PG&E or Itron in California or elsewhere. You and Itron agree to make good faith attempts to resolve any and all disputes relating to your use of this Website (including those involving third parties) without filing a lawsuit or other legal proceeding. In the event such attempts fail to resolve the dispute, you and Itron agree to submit the dispute exclusively to the state and federal courts located in San Francisco, California, and agree to waive all objections to such courts hearing such disputes. In connection with any dispute arising out of or related to these Conditions of Use or your use of the Application or this Website, you and Itron agree that the prevailing party, as determined by the court, will be entitled to its reasonable attorneys' fees and costs, in addition to all other available recovery and relief.
    • Terms Severable. If any provision of these Conditions of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
    • No Waiver. Itron shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Itron. No delay or omission on the part of Itron in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
    • Questions or Problems. If you have any questions about this Website, the Application or these Conditions of Use, or if you would like to report any problems using or defects in this Website or the Application, please contact us at:

Pacific Gas and Electric Company
Demand Response Operations
Attention: InterAct Support
Mail Code N3E
P.O. Box 770000
San Francisco, CA 94177-0001
Telephone: 1-800-254-5810
e-mail: InterActSupport@pge.com

TERMS OF USE FOR AUTHENTICATED USER RATE ANALYSIS TOOL
(revised November, 03 2009)

THIS TOOL ONLY PROVIDES ESTIMATES OF ELECTRIC ENERGY RATES, WHICH MAY NOT BE AVAILABLE TO YOU. PLEASE READ THE FOLLOWING CAREFULLY.

Using this Authenticated User Rate Analysis Tool (the "Tool"), you may generate estimates (each, a "Rate Analysis") of what your monthly electric energy charges might have been for the previous 12 billing periods under various Pacific Gas and Electric Company ("PG&E") electric energy rate schedules. By using this Tool, you understand and agree that your use of this Tool and any given Rate Analysis will be subject to the following terms of use (the "Terms").

CHANGES IN RATES
Please note that this Tool only displays current rate programs and schedules (or proposed rate programs and schedules not yet adopted), which may change from time to time. Please also be aware that the California Public Utilities Commission may amend the relevant rate schedules from time to time, at our request or otherwise. In addition, if you elect to install meters in order to participate in a voluntary time-of-use rate schedule, please note that the installed meter may become obsolete as a result of electric industry restructuring or by action of the California Public Utilities Commission. Any and all risks of such changes or obsolescence shall be borne entirely by you.

CHANGES IN THESE TERMS OR THIS TOOL
PG&E may change these Terms or change this Tool from time to time and for any reason, without notice to prior users, so please check these Terms before using this Tool in the future. Except to the extent otherwise required by law, any changes to these Terms or this Tool will be effective as of the date posted (unless otherwise indicated).

PRIVACY NOTIFICATION
Information you submit using this Tool and data generated in connection with a Rate Analysis will be subject to PG&E's website privacy policy. The foregoing notwithstanding, the following two sentences supersede and control over PG&E's website privacy policy and any other statement concerning PG&E's use of information collected from you on the PG&E website. Rate Analyses, requests for the same, and any other information collected from you in connection with this Tool ("Rate Analysis Information") will be retained by PG&E and will be available to you upon request. PG&E reserves the right to use Rate Analysis Information for any and all appropriate business needs.

OPERATION OF THIS TOOL
This Tool initially generates a spreadsheet generally reflecting your historical energy usage over the prior 12 billing periods. This Tool then presents you with a range of rate schedules for which you may order comparisons of what your charges might have been given the displayed energy usage. The rate schedules displayed are based on your energy usage over the previous 12 billing periods. For the reasons explained below, the information displayed by this Tool may not be exactly the same as the information displayed in your previous 12 billing statements.

RATE SCHEDULES SELECTED BY TOOL
In producing Rate Analyses, this Tool attempts to select rate schedules for which you may be eligible, based on your current rate schedule. Please note, however, that under certain circumstances, this Tool may erroneously (i) allow you to select and view charges under rate schedules for which you are not eligible, and/or (ii) not contain all rate schedules for which you are eligible. Please be aware, therefore, that even if your rates may appear to be lower on a certain rate schedule, you may not be eligible for that rate schedule, and that you may also be eligible for still lower rates on a rate schedule that is not displayed. For more information about availability and eligibility for rate schedules, please consult the tariffs for the various rate schedules accessible through this website, or contact a PG&E customer or account services representative.

THIS TOOL PROVIDES ONLY ESTIMATES
The comparisons and specific data you generate by using this Tool are not intended to-and indeed cannot-provide forecasts of your actual or future electric energy charges under any given rate schedule. Furthermore, the results of any given Rate Analysis will in no way constitute a representation or recommendation by PG&E as to what rate schedule is best for you. In particular, the following factors (among others) may account for discrepancies between the historical information generated by this Tool, on the one hand, and either of your previous billing statements or your future energy bills under any given rate schedule, on the other hand:

PROPOSED RATES
The Application includes rates proposed by PG&E that are being reviewed by the CPUC. The Proposed Rates are made available to users solely for informational purposes. Because the Proposed Rates have not been accepted by the CPUC, users should use the Proposed Rates with appropriate caution as it remains uncertain whether the CPUC will agree to the Proposed Rates.

VARIATIONS IN BILLING PERIODS
Your energy monthly statement may reflect a period of anywhere between 27 and 32 days, and occasionally even shorter or longer billing periods. For such shorter or longer billing periods, however, this Tool may combine or subdivide your actual billing periods to display time periods roughly equivalent to calendar months. Consequently, your billing statements and this Tool may display different billing periods and, consequently, different charges and usage data.

METER PROBLEMS
In the event that PG&E has difficulty reading your meters, PG&E may make calculations for your billing statements that result in charges and usage data that, on occasion, are different than those displayed by this Tool.

CHANGING ENERGY USAGE OVER TIME
To the extent that you believe that your energy usage may change in the future, you should carefully examine for accuracy the historical data presented by this Tool regarding (i) your total energy usage, (ii) your peak electric energy load ("Demand") and (iii) how much energy you use during the following PG&E-defined time periods:

  • "On Peak" Time-Of-Use Period:
    Certain PG&E time-of-use rate schedules may only save you money if you are able to minimize your electric use during the "On Peak" period. The "On Peak" period occurs weekdays (except holidays) between 12:00 noon to 6:00 p.m. Pacific time, May 1 through October 31. Time-of-use rates are highest during these hours.
  • "Partial Peak" Time-Of-Use Period:
    Certain PG&E time-of-use rate schedules may also save you money if you can minimize electric use during "Partial Peak" periods. Time-of-use rates during "Partial Peak" periods are higher than "Off Peak" periods but less than during "On Peak" Periods. "Partial Peak" periods are weekdays (except holidays) as follows:

    November 1 to April 30 ......8:30 a.m. to 9:30 p.m. Pacific time
    May 1 to October 31 .......8:30 a.m. to 12:00 noon AND 6:00 p.m. to 9:30 p.m. Pacific time
  • "Off Peak" Time-of-Use Period:
    Certain PG&E time-of-use rate schedules may also save you money if you are able to shift electric use from "On Peak" and "Partial Peak" periods to "Off Peak" periods. Usage of energy on weekends, holidays, and all other time periods not designated as "On Peak" or "Partial Peak" periods is billed as "Off Peak" usage.
  • Other Time-of-Use Periods:
    Please note that the relevant time-of-use periods may be different for certain users and for certain rate schedules, such as agricultural users and rate schedules. For more information about the time-of-use periods applicable to you, especially if you are an agricultural user or are currently on the A1 or A10 rate schedules, please consult the tariffs for the various rate schedules accessible through this website, or contact a PG&E customer or account services representative.

You should make sure that the reported historical data regarding your energy usage generated by this Tool are consistent with your expected future usage before you request a change of rate schedule. The results of any Rate Analysis you generate using this Tool will not be meaningful if your expected usage does not conform to the generated data.

ENERGY SERVICE PROVIDER (ESP) CHARGES ARE NOT REFLECTED
If you buy your electric energy from an energy service provider other than PG&E (an "ESP"), this Tool will not be able to provide estimates reflecting your ESP's prices for the energy they will provide to you. For more information about your ESP electric energy charges and credits, contact your ESP.

CURRENT AND PROPOSED PRICES ARE USED IN THE TOOL

(a) Current Prices. This Tool uses current electric energy prices, which may change frequently. Consequently, even if the reported historical usage data generated by this Tool is identical to that shown on your prior billing statements, and turns out to be the same as your actual future usage, your past and future monthly bills may reflect higher or lower charges depending on the then-current prices for the electric energy reflected on such bills.

(b) PG&E Proposed Rates. In addition to current electric energy prices, this Tool includes Proposed Rates. Although the Proposed Rates have not yet been accepted by the CPUC, PG&E has provided the Proposed Rates in the Tool so as to provide users and their authorized rates what their monthly energy bills may be under the Proposed Rates. Please be advised that the CPUC may accept, reject and/or modify the Proposed Rates. Therefore, the Proposed Rates should not be used by users and their authorized representatives to calculate or determine their future electric energy costs or potential electric energy savings.

CERTAIN TAXES ARE NOT INCLUDED
The charges estimated by this Tool do not include local utility user taxes or California Energy Commission taxes, and certain other taxes, surcharges and fees. For more information about franchise fees, state electric energy surcharges, municipal or other local utility user taxes, or any other applicable taxes, surcharges, or fees, please contact a PG&E customer or account services representative.

TWELVE MONTHS SERVICE HISTORY RECOMMENDED
If you have less than 12 billing periods of electric energy usage, seasonal energy usage fluctuations may not be accurately represented in your Rate Analysis. We therefore suggest that you delay generating a Rate Analysis until you have received electric energy for at least 9 billing periods (which may be sufficient to capture seasonal fluctuations for some customers), and preferably for 12 full billing periods.

ROUNDING
This Tool may employ certain rounding conventions with respect to energy usage data and charges. Consequently, the data and charges displayed by this Tool may be different from the data and charges reflected on your past and future energy bills.

NO WARRANTIES
By using this Tool, you understand and acknowledge that this Tool, the Proposed Rates and all Rate Analyses are made available to you on an "AS IS" and "AS AVAILABLE" basis. We do not and cannot warrant that this Tool, the Proposed Rates, any particular Rate Analysis, or any other content will be timely, secure, uninterrupted, or error-free, or that defects in any of the foregoing, if they exist from time to time, will be corrected. PG&E will not be responsible for any errors, omissions, interruptions, deletions, defects, or delays in the operation of this Tool, the modification or revision by the CPUC to the Proposed Rates or the presentation or storage of Rate Analyses or other content. PG&E MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THIS TOOL, DATA, PROPOSED RATES OR ANY OTHER CONTENT MADE AVAILABLE THROUGH OR ON THE WEBSITE, OR ANYRATE ANALYSES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SYSTEM INTEGRATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS TOOL AND ANY RATE ANALYSIS IS AT YOUR SOLE RISK.

RESTRICTIONS
You may use this Tool, any Rate Analysis you request, and any other information obtained or derived therefrom for your own internal business purposes and pursuant to these Terms. You may view and download material displayed in this Tool, provided that you retain all copyright, trademark, and all other proprietary notices displayed on the materials. You may not, however, (a) impersonate any other PG&E customer or user of this website, or attempt to gain access to another customer's or user's data; (b) reverse engineer, translate, disassemble, decompile, or otherwise attempt to create any source code which is derived from any portion of this Tool; or (c) publicly display or publicly perform, duplicate (except to facilitate your own internal use), distribute to any third party, create derivative works of, or modify any portion of this Tool or any Rate Analysis in any way, provided, however, that you may share the results generated by your Rate Analyses with others.

HOW TO REQUEST A NEW RATE SCHEDULE
If you decide, after viewing a Rate Analysis you generated using this Tool, to change to a different rate schedule, and you have made sure (i) that the estimates of your overall usage, time of day usage, demand, and all other information are correct, whether derived from a category of users or your own submissions, and (ii) that you meet the eligibility requirements for the desired rate schedule, then you may request a change to the desired rate schedule by contacting a PG&E customer or account services representative. Unless you are notified otherwise by PG&E, your requested change will be effective beginning after your next regular meter reading date following PG&E's confirmation of your request and/or after PG&E has made any necessary changes to your metering equipment. After the change, you may be required to remain on the new rate schedule for a minimum of 12 months.

METER CHARGES FOR VOLUNTARY TIME-OF-USE AND DEMAND RATE SCHEDULES
Please refer to the Tariffs for all additional details and terms of service.