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Terms of Use/ Standards of Conduct

Terms of Use

DTE ELECTRIC PROVIDES THIS ELECTRIC CHOICE SUPPLIER SITE (SUPPLIER SITE) AND SITE-RELATED SERVICES SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. Unless otherwise indicated or reasonably implied below, definitions as indicated by initial capital letters will have the meanings contained in the Retailer Agreement (for Retailers) or Marketer Agreement (for Marketers) found in the Supplier Handbook at this Supplier Site. The term Supplier means Retailer and/or Marketer. The term Service Agreement means Retailer Agreement, Marketer Agreement, and/or Transmission Service Agreement.

  1. Service Agreements. Prior to signing a Service Agreement with DTE Electric, these Supplier Site Terms of Use apply. After a prospective Supplier signs a Service Agreement with Detroit Edison, if any of the provisions of the Service Agreement conflict with these Supplier Site Terms of Use, the provisions of the Service Agreement shall control.
  2. Copyright Information. All pages within this Supplier Site are the copyrighted property of DTE Electric unless other ownership is indicated. You may copy or download information from this Supplier Site but only for such use as is in compliance with these Supplier Site Terms of Use, or is necessary for processing your qualification as a Supplier in the Electric Choice Program, or is in compliance with the applicable Service Agreement; including information which, by its nature or context, is invited to be copied or downloaded in order to use Supplier Site related services. You may not copy, modify, re-use, distribute or transmit any information in this Supplier Site for public or commercial purposes other than qualification in, or performance of, DTE Electric’s Electric Choice Program unless you have the prior written permission of DTE Electric.
  3. Trademark Notice. DTE ENERGY and the names of all DTE Energy affiliated companies are trade names and/or service marks or trademarks of DTE Energy Company. DTE ENERGY and the "head/Corona" logo are trademarks or service marks of DTE Energy or its affiliated companies. All other trademarks, service marks and logos used in this Supplier Site are the trademarks, service marks or logos of their respective owners.
  4. Warranty Disclaimer. THIS SUPPLIER SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SUPPLIER SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  5. Risk Assumption. THE USER OF THIS SUPPLIER SITE ASSUMES TOTAL RESPONSIBILITY AND RISK OF USE OF THE SUPPLIER SITE AND SUPPLIER SITE RELATED SERVICES.
  6. Limitation of Liability. DTE ELECTRIC, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SUPPLIER SITE, SUPPLIER SITE RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SUPPLIER SITE.
  7. Limitation of Remedy. YOUR SOLE REMEDY FOR PROBLEMS WITH THE SUPPLIER SITE AND/OR SUPPLIER SITE-RELATED SERVICES IS TO NOTIFY DTE ELECTRIC OF ANY PROBLEMS WITH THE SUPPLIER SITE. DTE ELECTRIC’S SOLE OBLIGATION WILL BE TO ATTEMPT TO CORRECT ANY PROBLEMS WITH THE SUPPLIER SITE. Prior to signing a Service Agreement you are invited to convey any issues relating to the use of the Supplier Site to DTE Electric, but DTE Electric does not guarantee that your issue will be addressed to your satisfaction. After signing a Service Agreement, you will have additional remedies.
  8. Accuracy of Site. Although DTE Electric attempts to ensure the integrity and accuracy of the Supplier Site, DTE Electric makes no guarantees whatsoever as to the correctness or accuracy of the Supplier Site. It is possible that the Supplier Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Supplier Site by third parties. In the event an inaccuracy arises, you agree to immediately inform DTE Electric so that it can be corrected.
  9. Supplier Site Links. This Supplier Site may contain links to third-party web sites, which are not under the control of DTE Electric. DTE Electric makes no representations whatsoever about any other web site to which you may have access through this Supplier Site. When you access a non- DTE Electric web site, you do so at your own risk and DTE Electric is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those sites. DTE Electric provides these links merely as a convenience and the inclusion of such links does not imply that DTE Electric endorses or accepts any responsibility for the content or uses of such web sites.
  10. Third-Party Software. Any third-party software made available through this Supplier Site is the property of the third-party software provider. You will honor all copyright, trademark and other intellectual property rights of any third-party software owner. DTE Electric makes no warranties or representation as to any third-party software.
  11. Credit Checks. If a Supplier or potential Supplier explicitly or implicitly authorizes DTE Electric to check the Supplier's or prospective Supplier's creditworthiness, the Supplier or prospective Supplier authorizes DTE Electric to use any lawful credit review procedures available.
  12. Miscellaneous. These Supplier Site Terms of Use are governed by and construed in accordance with the laws of the State of Michigan, exclusive of its choice of laws rules. Each person who uses this Supplier Site agrees to submit to the exclusive jurisdiction of the state and federal courts sitting in Wayne County, Michigan and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Supplier Site Terms of Use, the prevailing party will be entitled to costs and attorney fees. In the event that any of these provisions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Supplier Site Terms of Use shall otherwise remain in full force and effect.
  13. Modifications. Provided a modified Supplier Site Terms of Use is not in conflict with a Service Agreement, DTE Electric may modify these Supplier Site Terms of Use at any time by making the modification and posting the date of the latest modification on this page.

RETAIL OPEN ACCESS PROGRAM STANDARDS OF CONDUCT

This rule is intended to promote fair competition and a level playing field among all participants involved in the Retail Open Access Service program within DTE Energy’ (DTE Electric) regulated electric service territory. All affiliates of DTE Energy will be allowed to participate in every aspect of such program on an equal basis to non-affiliates because of DTE Electric’s decision to adopt these standards of conduct.

Accordingly, DTE Electric agrees to apply the following standards of conduct to the Retail Open Access Service program in its regulated electric service territory:

  1. These Standards of Conduct shall apply to DTE Electric and the affiliates of DTE Energy participating in the Retail Open Access Service program.
  2. DTE Electric will apply any tariff provision relating to Retail Open Access Service in the same manner without undue discrimination to all similarly situated persons.
  3. DTE Electric will not give any Aggregator, Broker, Marketer or AES or their customers undue preference over any other Aggregator, Broker, Marketer or AES and their customers in matters relating to scheduling of power, provision of ancillary services, billing, metering, curtailment policy or access to customer information pursuant to the Retail Open Access Rate Schedules approved by the MPSC. Affiliated Aggregators, Brokers, Marketers, AESs and their customers shall neither receive undue preferences nor be discriminated against, but simply be treated by DTE Electric like all other Aggregators, Brokers, Marketers, AESs and their customers.
  4. DTE Electric will not communicate to any of its retail electric customers, or to any Aggregator, Broker, Marketer or AES that any advantage may accrue to such customers, Aggregator, Broker, Marketer or AES in the use of DTE Electric’s regulated services as a result of that customer, Aggregator, Broker, Marketer or AES dealing with any particular Aggregator, Broker, Marketer or AES, including an affiliated Aggregator, Broker, Marketer or AES.
  5. To the extent practicable, DTE Electric will process all similar requests for Retail Open Access Service in the same manner and within the same period of time.
  6. If a Customer requests information about Aggregators, Brokers, Marketers or AESs, DTE Electric will provide a list of all Aggregators, Brokers, Marketers or AESs known to be operating on its system, including DTE Energy affiliates, and in response to such a request will not promote any specific Aggregators, Brokers, Marketers or AESs including DTE Energy affiliates participating in the Retail Open Access Service program.
  7. DTE Electric shall not provide customer lists, customer-specific sales volumes and customer-specific patterns of usage to any Aggregator, Broker, Marketer or AES, including affiliated Aggregators, Brokers, Marketers or AESs offering retail customers power supplies at market prices. Once a calendar year a Customer can request in writing that up to 12 months of historic volumetric sales data be provided to a particular Aggregator, Broker, Marketer or AES or to all Aggregators, Brokers, Marketers or AESs, and that request will be honored by DTE Electric without charge until revoked by the Customer. Additionally, once a calendar year a particular Aggregator, Broker, Marketer or AES can request and receive up to 12 months of historic volumetric sales data for one of its current customers and DTE Electric may without charge provide only that Aggregator, Broker, Marketer or AES with such data. DTE Electric can levy a reasonable fee to fill requests for data that is more than 12 months old or to respond to requests made more frequently than once a calendar year. 
  8. DTE Electric will implement its Retail Open Access Service program on a nondiscriminatory basis, and will not engage in any practice which unduly conditions transactions between any Customer, Aggregator, Broker, Marketer or AES and DTE Electric’s affiliated Aggregators, Brokers, Marketers or AESs. Notwithstanding the above, Customers, Aggregators, Brokers, Marketers or AESs are not relieved of complying with the requirements to execute or complete the contracts, agreements or other forms required by the terms of the Retail Open Access Service program.
  9. Except as permitted by these standards of conduct, DTE Electric’s transmission and distribution employees and the employees of DTE Energy affiliates that act as Aggregators, Brokers, Marketers and AESs offering retail customers power supplies at market prices will function independently of each other. DTE Electric will maintain separate business offices from any DTE Energy affiliate engaged in the Retail Open Access Service program.
  10. The books of account and records for the regulated utility services provided by DTE Electric to its retail electric customers will be maintained separately from the books of accounts and records kept by any affiliated Aggregator, Broker, Marketer or AES.
  11. Nothing in these retail standards of conduct is intended to supplant or relieve DTE Electric of its duty to comply with the Standards of Conduct for Public Utilities established by the Federal Energy Regulatory Commission in Order Nos. 889 and 889-A, as codified at 18 CFR §§ 37.1-37.4.

If you have any questions regarding the Standards of Conduct, please contact: Rosemary Smalls – Tilford at 313.235.8579 or rosemary.smalls-tilford@dteenergy.com.