Gas

Powergen Retail Ltd

NOTICE OF REVISION TO DEEMED CUSTOMER SCHEME OPERATED BY POWERGEN RETAIL LTD

Powergen Retail Ltd, whose registered office is situated at Westwood Way, Westwood Business Park, Coventry CV4 8LG, hereby gives notice of a revision it has made to its deemed contract scheme pursuant to Schedule 2B of the Gas Act 1986.

The scheme was made by Powergen Retail Ltd, as a gas supplier, to determine the terms and conditions under which gas may be supplied to any premises other than in the pursuance of a contract. The revision, which has effect from 28 April 2006, gives notice of changes to the pricing schedules applicable to business customers.

The following schedules have been amended:

Schedule 2a Terms and conditions for business customers

Schedule 2b prices for business customers, consumption less than 73000 kWh

Schedule 2c prices for business customers, consumption 73000 kWh or more

Schedule 2a: Business customers, consumption less than 73000 kWh

Business customers, consumption between 73000 and 292000 kWh

Business customers, consumption above 292000 kWh

1.   Contract

This contract is between you and Powergen Retail Ltd (we/us) for the supply of mains gas.

If you’re agreeing this contract for a limited company, partnership or other organisation, you confirm that you have the necessary authority. If you’re a sole trader in England or Wales you confirm that you’re over the age of 18, and if trading in Scotland that you’re over the age of 16.

If you’re a partnership or other organisation, you and the other partners or officers will be jointly and severally liable under this contract. You may not assign this contract without our consent.

This contract is governed by the laws of England and Wales for supply in England and Wales and by the laws of Scotland for supply in Scotland. Nothing in it affects your statutory rights. We and your local network operator reserve and maintain all our rights set out in Gas legislation and our Licences. Your local network operator may enforce any provision of this contract in which it has rights. We may transfer our rights and obligations in these terms and conditions to another company.

2.   Ending the Contract

You must call us if you wish to end this contract. We will stop you from changing supplier where you ask us to.

Your contract with us will end when your transfer to the other supplier is completed. Ending the contract will not affect any outstanding rights or obligations. If you breach the terms of this contract or become in any way bankrupt or insolvent we may end it immediately and supply you on alternative terms.

3.   Price

We may change the prices or other terms of this contract. You must tell us if you then wish to cancel the contract and for the change not to take effect.

Your prices are based on what you have told us and we may have to change them if the information we have used is found to be incorrect.

Prices are subject to any change in taxation or government levies.

4.   Payment Terms

You will receive bills from us for your gas usage. We may estimate your usage. A meter reading is taken as proof of your gas usage unless your meter is found to be faulty. Either of us can arrange for the meter to be tested, but will have to pay for the test if the meter is found to be accurate.

You must pay us in the way we have agreed. If you do not pay on time we may charge you interest and/or a late payment fee together with any legal costs associated with the recovery of your outstanding debt. If you pay by cash, payment is due immediately on receipt of the bill. Please tell us immediately if you have difficulty paying. Other payment options may suit you better and we may require you to pay a security deposit. If you do not pay we will disconnect your supply. We will charge you our costs.

5.   Access to your premises

You must allow access to your gas network operator or any person authorised by us. In a gas emergency, we or the network operator may require you to stop using gas. Where your gas usage exceeds 732,000kWh you must provide us with named emergency contacts and telephone numbers. You must notify us immediately if these should change.

6.   Changes to your gas supply

You must contact us or your local network operator if required and secure our agreement if you wish to modify your gas connection or exceed the design features of your connection. You will have to pay the costs. You must tell us if you appoint your own metering agent; we will provide an alternative contract.

We may charge you our costs if the meter is damaged on your premises.

7.   Changing premises

If you move, or wish to add sites to this contract or remove sites that you vacate, you must give us at least 48 hours notice and provide a meter reading.

If you do not tell us, we will continue to charge you and you will remain liable for these charges. We will confirm the price for any new sites.

8.   Your Powergen Account

If you move premises, your Powergen account reference will not change, unless you request it. We will add the balance from your previous address to the account.

We will credit payments to your account to the oldest part of the balance first. If we need to split an account for more than one service or for multiple premises we will use the most recent bill as the basis.

9.   Data Protection

Powergen, its agents and other companies within the E.ON Group will use information we have about you and your account to manage your account. These uses include, but are not limited to, market research, billing and providing up to date information on products and special offers.

We will not disclose any such information outside the E.ON Group except to our agents and to credit reference and fraud prevention agencies that may record, use and provide information to other companies. The information may be used to make assessments for credit management and insurance, for debt tracing and to prevent fraud and money laundering.

10.   Service availability

Your gas supply may be interrupted or of lower quality due to circumstances outside our reasonable control or that of the local network operator.

11.   Liability

We, and the gas network operator, are not liable for any indirect or consequential loss (both of which include, without limitation, pure economic loss, loss of profit, loss of business, depletion of goodwill and like loss), or damage beyond our reasonable control however caused (including as a result of negligence). We are liable for death or personal injury caused by our negligence. The maximum compensation payable by any of us for any incident or related series of incidents (excluding death or personal injury) will not exceed £100,000 in any calendar year.

Schedule 2b: Business customers, consumption less than 73000 kWh

ALL PRICES EXCLUDE VAT AND CLIMATE CHANGE LEVY. ALL UNIT RATES QUOTED ARE PENCE PER KWH.

Quarterly Credit

Region	Corresponding Electricity Distribution Company	Quarterly Credit Standing Charge	Units p/kWh
Eastern	EDF Energy Networks (EPN)	£ 23.19	2.40
East Midlands	Central Networks (East)	£ 23.19	2.38
London	EDF Energy Networks (LPN)	£ 23.19	2.41
Merseyside & North Wales	SP Manweb	£ 23.19	2.37
Midlands	Central Networks (West)	£ 23.19	2.41
Northern	NEDL	£ 23.19	2.34
North Western	United Utilities	£ 23.19	2.37
Southern	SSE Power Distribution (Southern)	£ 23.19	2.48
South Eastern	EDF Energy Networks (SPN)	£ 23.19	2.43
North Scotland	SSE Power Distribution (Hydro)	£ 23.19	2.32
South Scotland	SP Distribution	£ 23.19	2.33
South Wales	Western Power – South Wales	£ 23.19	2.44
South Western	Western Power – South West	£ 23.19	2.48
Yorkshire	YEDL	£ 23.19	2.34

Schedule 2c: Business customers, consumption 73000 kWh or more

3.5 p/kWh with a standing charge of £60 per month

NOTE: All prices exclude VAT and Climate Change Levy.

All other schedules remain unchanged.

A copy of the full scheme is available on request, by writing to Graham Kirby, Retail Regulation Manager, Powergen Retail Ltd, Griffin Court, Colliers Way, Nottingham NG8 6AT.

Fiona Stark, Company Secretary, for and on behalf of Powergen Retail Ltd.

28 April 2006.