These Terms and Conditions with the Disclosure Statement outline the agreement between you and SCANA Energy Marketing, Inc. ("SCANA Energy" or “We”) for your natural gas service. This agreement is subject to the Natural Gas Consumers Relief Act and other laws and regulations of the Georgia Public Service Commission applicable to natural gas service.
Customers are eligible to obtain service from the Regulated Provider as a Group 2 customer if they have been unable to obtain or maintain natural gas service with a marketer or if their payment history was cited by the Regulated Provider as reason to transfer them from Group 1 to Group 2.
A credit check using a standard industry scoring methodology will be performed before your new service is established. The credit check may also be used to verify your identity. If the information provided cannot be validated to perform the credit check, you may be required to furnish proof of identification. Failure to provide such information may result in refusal of service.
You will be assessed a deposit not to exceed $150. Group 2 senior citizens, whose status has been verified by the Georgia Department of Human Services or as defined by Atlanta Gas Light Company (AGLC), will not be charged a deposit except for senior citizens transferring from Group 1 to Group 2 in lieu of disconnection or Group 2 senior citizens who are reconnected after being disconnected for non-payment. Senior citizens transferring from Group 1 to Group 2 in lieu of disconnection or Group 2 senior citizens who are reconnected after being disconnected for non-payment will be assessed a deposit of $100. Your deposit plus accrued interest, if applicable, will be refunded to your account within sixty (60) days if all bills have been paid in full and on time as indicated on your monthly bills for a period of six (6) consecutive months, or you have the option to request a check for your applied deposit refund. If you change marketers or discontinue service, your deposit, less any outstanding balance with SCANA Energy, will be refunded within sixty (60) days. Any deposit held six (6) months or longer will accrue applicable interest.
A consumer shall have a three-day right of rescission following the receipt of this disclosure at the time of initiating service or when informed of a change in terms or conditions. You, the consumer may cancel in writing or electronically by contacting SCANA Energy.
The cancellation will be deemed timely if you contact SCANA Energy within three (3) days of receiving materials or notice. You can contact SCANA Energy by telephone, e-mail, or U.S. mail. If the contact is by U.S. mail, it must be postmarked by the third day following receipt of materials or notice.
When establishing new service with the Regulated Provider, the connection fee will be $25 which is an AGLC pass-through charge. If a meter is required, the service connection fee will be $50 which is an AGLC pass-through charge. If your service has been disconnected for non-payment, the reconnection fee will be $50 of which $25 is an AGLC pass-through charge. If your service is voluntarily disconnected and reconnected within a twelve (12) month period at the same location (seasonal), the connection fee will be $50 which is an AGLC pass-through charge.
Customers who have already switched marketers within the last twelve (12) months may incur an AGLC switching fee of $7.50.
Your natural gas bill will be comprised of the following charges:
The AGLC Pass-Through Charge is a regulated charge from the utility that is billed through each gas marketer. SCANA Energy bills the full pass-through charge regardless of the number of days of service.
The natural gas consumption charge does not include state and local taxes or charges imposed by AGLC. The methodology for calculating natural gas consumption charges for each plan is described below.
The variable price is subject to change monthly based on market conditions. For customers electing this plan, the natural gas consumption charge will be calculated using the variable price in effect on the first day of the billing cycle multiplied by usage for that billing period. A billing cycle is approximately one month; however, the actual number of days may vary with each billing cycle. You may receive an initial bill for less than a complete billing cycle.
A variable price option customer whose most recent six (6) consecutive monthly payments were made in full on or before the due date will be offered a $.05 per therm discount and notified of their eligibility to receive service from SCANA Energy deregulated. This notification will be sent separately from the monthly bill and detail the customer’s options at that time, including the option to select another natural gas marketer. Any customer who chooses to be switched to SCANA Energy deregulated will be offered SCANA Energy’s deregulated price offerings on file with the Commission.
Timely payments are those posted to the account on or before the due date. If two (2) timely payments are missed, the account would return to the higher per therm rate.
Senior citizens will receive a $.05 per them discount off of the Group 2 variable price that is filed with the Commission.
Customers electing the fixed price option will receive service at $.17 per therm above SCANA Energy’s “SCANA 6 Month Fixed” or “SCANA 12 Month Fixed” price that is filed with the Commission or a price established at $.35 per therm above the weighted average cost of the Regulated Provider’s CSS directly assigned storage gas as of the first day of the offer month, whichever is greater. Customers whose most recent six (6) consecutive monthly payments were made in full on or before the due date will be offered a $.05 per therm discount at the expiration of their fixed price and notified of their eligibility to receive service from SCANA Energy deregulated. This notification will be sent separately from the monthly bill and detail the customer’s options at that time, including the option to select another natural gas marketer. Any customer who chooses to be switched to SCANA Energy deregulated will be offered SCANA Energy’s deregulated price offerings on file with the Commission.
The term for the fixed price option will be six (6) or twelve (12) billing cycles. If there are six (6) or more but less than twelve (12) billing cycles left in the Regulated Provider term, the term for the fixed price option will be six (6) billing cycles or the number of billing cycles left in the Regulated Provider term. If there are less than six (6) billing cycles left in the Regulated Provider term, the term for the fixed price option will be the number of billing cycles left in the Regulated Provider term. If the term chosen for the fixed price option is the number of billing cycles left in the Regulated Provider term, the fixed price will be based on the “SCANA 12 Month Fixed” price. A fixed price option will be offered throughout the term of the Regulated Provider. A billing cycle is approximately one month; however, the actual number of days may vary with each billing cycle. You may receive an initial bill for less than a complete billing cycle. Exiting a fixed rate plan early carries a $100 exit fee in addition to any balance due regardless of how long you have participated in the fixed rate plan.
You will not be charged a cancellation fee if you are terminating service to relocate to another premise and are not changing providers or if you are a low-income residential customer seeking service from the regulated provider for the first time.
Prior to the expiration date of your fixed rate option plan, or whenever we propose to change our terms of service in any type of agreement, you will receive advance written notification. We will explain your options in the advance written notification, including your opportunity to choose another natural gas provider.
Senior Citizens will receive a $.05 per them discount off of the Group 2 fixed price that is filed with the Commission.
You will be assessed a fixed charge per month to cover administrative expenses. The monthly customer service charge for Group 2 customers is $8.95. The monthly customer service charge for senior citizens is $8.50. The monthly customer service charge for a variable price option customer whose most recent six (6) consecutive monthly payments were made in full on or before the due date will be reduced to $6.95 and $6.50 for senior citizens. The monthly customer service charge for a fixed price option customer whose most recent six (6) consecutive monthly payments were made on or before the due date will be reduced to $6.95 and $6.50 for senior citizens at the expiration of their fixed price contract.
Timely payments are those posted to the account on or before the due date. If two (2) timely payments are missed, the account would return to the higher customer service charge and price per therm.
You are responsible for all taxes, fees, levies, penalties, licenses or charges imposed by any government authority with respect to services rendered. The prices quoted do not include state and local taxes.
SCANA Energy will invoice you monthly. Payment is due to SCANA Energy by the payment due date. In the event payment is not received by the due date, a $10 or 1.5% late charge, whichever is greater, will be applied to any unpaid balance of $30 or more. SCANA Energy will not send estimated bills unless AGLC has not made the actual meter readings available. In such cases, estimated bills will not be sent for more than two (2) consecutive months.
There is a $35 charge for any payment delivered or ordered by you that is dishonored or returned unpaid by a financial institution. You will be sent a separate notice for any payment that is dishonored or returned unpaid, which shall be known as a "returned payment notification". We must receive the entire amount shown on the returned payment notification, including the returned payment charge, by the “pay by date” on the notification to avoid further credit action, which may include disconnection of your service as detailed below. If two (2) payments are dishonored or returned unpaid by your financial institution within a twelve (12) month period, your account will become a cash-basis account, meaning you will be required to pay your account by cash, cashier’s check or money order. If your account becomes a cash-basis account, SCANA Energy reserves the right to discontinue any of the electronic payment services being made available to you. This should not affect your ability to view the status of your account. After a twelve (12) month period with no payments dishonored or returned unpaid, the cash basis designation will be removed from your account.
If you do not make a payment in full within twenty (20) days of the date your bill is mailed or posted electronically your service may be disconnected. You will be sent a disconnection notice fifteen (15) days prior to the date of disconnection advising you of the availability of one reasonable payment arrangement unless you failed to honor a previous payment arrangement. A Final Notice will be sent by U.S. Mail to your last known mailing address five (5) days prior to disconnection and will constitute sufficient good faith effort to contact you under this agreement.
Service will be disconnected for failure to pay SCANA Energy. Service will not be disconnected for non-payment of a bill that was not sent in a timely manner. You are entitled to a reasonable payment arrangement prior to disconnection of service unless you have failed to honor a previous payment arrangement. Your receipt of a reasonable payment arrangement does not constitute a waiver by SCANA Energy of any other rights under the Terms and Conditions and this Disclosure Statement including, but not limited to, SCANA Energy's right to subsequently disconnect service. You are responsible for the charges associated with natural gas consumption until the disconnection has been made.
SCANA Energy will continue to seek collection of any outstanding debts even if you no longer receive natural gas service through SCANA Energy. The account may be sent to a third party collection agency and/or an attorney for collection purposes. We retain the right to seek additional costs associated with collecting the debt.
If you have a bill dispute, SCANA Energy has thirty (30) days from the date the error is reported or acknowledged by SCANA Energy to correct the billing error or to show proof of why the disputed bill is correct. During the period the billing error is being disputed, SCANA Energy will neither impose a late charge or penalty on the disputed amount nor initiate an action to disconnect your service or collect on the past due balance, provided the disputed amount constitutes the total amount of the past due balance. Any undisputed amount must be paid by the due date. Failure to pay the undisputed amount may result in late charges or service disconnection. In the event the billing error results in an overpayment, a credit will be applied to your account. You will have at least ninety (90) days from the date a correct bill is rendered to pay the corrected amount. No late charges or interest will be charged on the corrected amount during the ninety (90) day period.
SCANA Energy reserves the right in any subsequent bill to include adjustments related to previous billing errors, meter read errors, miscalculation of taxes, or other errors or omissions.
A residential customer who establishes service in Group 2 will be transferred from Group 2 service to Group 1 service upon SCANA Energy receiving confirmation of the customer's income eligibility if the customer’s account is in good standing. A Group 1 senior citizen who was transferred to Group 2 service in lieu of disconnection will be transferred from Group 2 service to Group 1 service if the customer’s account is in good standing. For a Group 2 senior citizen, an account in good standing means that the customer has paid the Group 2 service balance (if applicable) and the Group 1 service balance in full or the customer has made three (3) months of consecutive timely payments on the Group 2 account and has accepted a reasonable payment arrangement for the outstanding Group 1 balance. A Group 1 non-senior citizen who established service in Group 2 for failure to pay a debt incurred as a Group 1 customer will be transferred from Group 2 service to Group 1 service if the customer’s account is in good standing. For a Group 2 non-senior citizen, an account in good standing means that the customer has paid the Group 2 balance (if applicable) and the Group 1 balance in full or that the customer has made six (6) months of consecutive timely payments on the Group 2 account and has accepted a reasonable payment arrangement for the outstanding Group 1 balance. Timely payments are those posted to the account on or before the due date.
P.O. Box 100157
Columbia, SC 29202-3157
Pay with credit card, electronic check, or ATM debit card through BillMatrix. BillMatrix receives a $3.50 fee for this service and is a third party vendor available toll-free by calling 1-866-604-7425.
Pay in person at an authorized payment location. There is a $1.50 cash transaction fee for payments made at these locations. For a list of payment locations call 1-866-245-7742 or visit www.scanaenergyregulated.com.
Use checking or savings account to make secure payments. There is no charge for this service.
Use credit or debit card to make secure payments. There is no charge for this service when you sign up for paperless billing. If the paperless option is not selected, the fee for this service is $3.50. Visit www.scanaenergyregulated.com for details.
The Budget Billing Plan averages a customer’s forecasted annual bills over a twelve (12) month period. Changes to the monthly Budget Billing amount may be made during the year if a rate change occurs or if the actual usage changes significantly. An annual adjustment is scheduled after twelve (12) monthly bills. At that time, the Budget Billing amount will be recalculated based on the actual usage during the prior year, and the payments and charges are reconciled. If the total amount of payments were not enough to cover the actual charges for the previous year, the difference will be due. You will be given the option to either pay the difference from the previous year in full or have the amount brought forward from the previous year as part of the new monthly payment amount. If the payments were more than the actual charges, the credit amount will be applied in the calculation of the next year’s monthly Budget Billing amount. Monthly Budget Billing payments must be made in full by the due date to avoid assessment of a late payment charge and removal from the Budget Billing plan, regardless of whether your account is carrying a debit or credit balance. Removal from the Budget Billing plan will result in the actual charges becoming due. Eligibility for enrollment in a Budget Billing Plan requires a customer to have made twelve (12) consecutive timely payments or enroll during the enrollment period of June through August. The customers’ previous payment history will carry over to the new term of the Regulated Provider.
SCANA Energy offers payment arrangements in accordance with Commission rules. A payment arrangement will be granted unless the customer has failed to honor a previous arrangement, is currently on a payment arrangement for natural gas service with SCANA Energy, or whose meter is currently off at his/her premise. SCANA Energy offers payment arrangements which allow customers to pay the past due balance in monthly installments.
These payment arrangements are a means to assist customers by allowing them to pay billed balances in monthly installments. Customer Relations Specialists review customers’ payment history to determine eligibility for these plans.
The Seasonal Deferred Payment Plan is a payment arrangement designed to assist customers through a traditionally higher bill period of the year. The plan is available from November 15 until March 15. These payment arrangements are a means to assist customers by allowing them to pay billed balances in monthly installments that are deferred to begin billing until their first available cycle after March 15. Customer Relations Specialists review customers’ payment history to determine eligibility for these plans.
The Short Term Arrangement is a payment extension that allows customers to pay the disconnect eligible balance after the forecasted disconnect date but prior to the next billing. Customer Relations Specialists review customers’ payment history to determine eligibility for these extensions.
This payment arrangement is available to customers who do not have forecasted credit action, and this payment arrangement extends the due date for the existing billed balance to be due on or before the next bill date.
To request disconnection of service call 1-866-245-7742. Disconnection is dependent upon AGLC’s service schedule. Therefore, your request date for disconnection and the date of disconnection by AGLC may be different. You are responsible for the charges associated with natural gas consumption until the disconnection has been made.
In entering into this agreement, SCANA Energy has relied on your representations related to your identity. If SCANA Energy determines that you have provided us incorrect information related to your name, address, or social security number, your service request will be cancelled or your service disconnected. Prior to any such disconnection, SCANA Energy will provide a fifteen (15) day written notice of the proposed disconnection.
You may be disconnected for the non-payment of a bill as outlined in the Billing and Collection section above.
Rules governing our service to you do not allow disconnection of service during certain periods of time. The details are as follows:
Residential service will not be discontinued for non-payment of a bill in the event of a serious illness which would be aggravated by having the gas service disconnected, provided you notify SCANA Energy of this condition prior to disconnection.
The notice must be written, or oral with a written notice to follow within ten (10) days. Within ten (10) days of the initial notice, you must provide a written statement from a physician, county board of health, hospital, or clinic identifying the illness, stating the illness’s expected duration, and certifying that the illness would be aggravated by the disconnection of the service.
The disconnection will be postponed for either the length of the illness or one (1) month from the initial notice, whichever is shorter. The postponement may be renewed for one additional time within (12) months by repeating the notice procedure outlined above.
If there is a dispute regarding the existence of a serious illness, the case may be referred to the Commission for a final determination.
Residential service will not be discontinued for an unpaid bill between November 15 and March 15 if:
If your service is disconnected for non-payment, you can reconnect your service after a reconnection fee of $50, a deposit, if applicable, and the total amount you owe, including any charges from previous metering points, is paid in full. Partial payments may be accepted but will not necessarily result in reconnection of service.
Group 2 customers who qualify for Group 1 service may reconnect directly with Group 1 if all debts to SCANA Energy for both Group 1 and Group 2 have been paid.
Regulated Provider customers who qualify for LIHEAP will be reconnected (service reestablished within ten (10) of being disconnected for non-payment) even if the assistance is not sufficient to pay the entire debt.
If your questions or concerns are not resolved, you may contact the Georgia Public Service Commission and the Office of the Attorney General.
PO Box 100157
Columbia, SC 29202-3157
Georgia Public Service Commission
244 Washington Street
Atlanta, GA 30334
404-656-4501 (inside metro Atlanta)
1-800-282-5813 (outside metro Atlanta)
Office of the Attorney General
Consumer Protection Unit
2 Martin Luther King Dr SE
Suite 356 East Tower
Atlanta, GA 30334
404-651-8600 (inside metro Atlanta)
1-800-869-1123 (outside metro Atlanta)
For information regarding energy assistance, you may contact the Georgia Department of Human Services.
The Department of Human Services
Community Services Section
Division of Family and Children Services
Two Peachtree Street, N.W. Suite 19-268
Atlanta, GA 30303-3180
Public Inquiries: 1-800-869-1150
The content in SCANA Energy’s Disclosure Statement is incorporated into these Terms and Conditions. The Terms and Conditions are also available online at www.scanaenergyregulated.com.
SCANA Energy reserves the right to amend this Agreement to reflect any material revision by it or the Georgia Public Service Commission to the AGLC tariff and/or the applicable rules and regulations or due to any other future legislation, orders, rules, regulation and judicial decisions.
Notice or billing delivered by mail to your last known mailing address will constitute adequate notice and billing under this agreement.
If you have a Dispute (as defined below) with SCANA Energy that cannot be resolved informally, you and SCANA Energy must arbitrate that Dispute in accord with the terms of this Arbitration Provision instead of litigating the Dispute in court, except for small claims as provided below. Arbitration means that you will have a fair hearing before a neutral, independent arbitrator instead of in a court by a judge or jury. The decision of the arbitrator will be final and binding. Nothing in this Arbitration Provision affects your right to file a complaint with the Georgia Public Service Commission (“Commission”) regarding SCANA Energy’s service or charges.
BY ACCEPTING SERVICE OR CONTINUING TO RECEIVE SERVICE FROM SCANA ENERGY YOU HAVE AGREED TO RESOLVE ALL DISPUTES (EXCEPT FOR THE COMMISSION AND SMALL CLAIMS AS PROVIDED BELOW) THROUGH BINDING ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION AND YOU HAVE WAIVED THE RIGHT TO FILE AN ACTION IN COURT.
As used in this Arbitration Provision, the term “Dispute” means any dispute, claim, or controversy between you and SCANA Energy regarding any aspect of your relationship with SCANA Energy, including gas service provided by SCANA Energy, that has arisen or that may arise in the future, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” also includes any dispute regarding whether a particular controversy is subject to arbitration, including any claim as to the enforceability of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, “SCANA Energy” means SCANA Energy Marketing, Inc. and its officers, directors, employees, members, affiliates and agents and any other party that you may contend is jointly or severally liable with any of the foregoing parties.
Most customer concerns can be resolved quickly and informally. If you have a complaint or a Dispute with SCANA Energy you can call our Customer Service Center at 877-811-4463, or write to us at po box 100157, columbia, sc 29202-3157, or email us at firstname.lastname@example.org. Please provide your service address and SCANA Energy account number. If you are unable to resolve the issue to your satisfaction, you may also contact the Georgia Public Service Commission.
In the unlikely event that SCANA Energy or the Commission are unable to resolve a complaint or Dispute to your satisfaction (or if SCANA Energy has not been able to resolve a Dispute it has with you after attempting to do so informally), we each agree to resolve all Disputes through binding arbitration by the American Arbitration Association (“AAA”) or, if it is a claim for $15,000 or less, in Magistrate Court Any arbitration or Magistrate Court action will be on an individual basis only; class arbitrations and class actions are not permitted.
A party who intends to seek arbitration (whether they have tried to resolve the Dispute informally or not) must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to SCANA Energy should be addressed to: SCANA Energy c/o Hall Booth Smith, P.C., 191 Peachtree Street, N.E., Suite 2900, Atlanta, Georgia 30303 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or Dispute; and (b) set forth the specific relief sought (“Demand”). If SCANA Energy and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or SCANA Energy may commence an arbitration proceeding. The arbitration will be governed by the AAA Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes, except as modified by these Terms and Conditions. During the arbitration, the amount of any settlement offer made by SCANA Energy or by you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SCANA Energy is entitled. The Notice form is available on SCANA Energy’s website (www.scanaenergyregulated.com) or by calling 877-811-4463.
You may initiate arbitration by filing a Claim Form with the AAA and by sending a copy of the Claim Form to SCANA Energy at the address set forth in Section 4(a) above. The form is available on the AAA website (www.adr.org), on SCANA Energy’s website (www.scanaenergyregulated.com) or by calling 877-811-4463. you can complete the claim form on the aaa website or you can mail the claim form to aaa case filing services, 1101 laurel oak road, suite 100, voorhees, new jersey 08403, with a copy to scana energy. you do not need to send payment to the aaa. upon receipt of the claim form, scana energy will pay the required arbitration filing fee.
The Federal Arbitration Act (“FAA”), not state arbitration law, will govern the arbitrability of all Disputes. However, applicable federal law or Georgia law may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Arbitration Provision.
If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with SCANA Energy. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. SCANA Energy will bear the costs and attorneys’ fees associated with such a petition. If there is a conflict between this Arbitration Provision and the rest of these Terms and Conditions, this Arbitration Provision shall govern.
A single arbitrator chosen by the AAA will resolve the Dispute. You should know that participating in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER RECIPIENTS OF GAS SERVICES FROM SCANA ENERGY, OR OTHER PERSONS SIMILARLY SITUATED. YOU ALSO AGREE NOT TO PARTICIPATE AS A CLASS MEMBER IN ANY SUCH PROCEEDING.
The arbitration will take place in the county where you are billed. If the amount of the claim is $10,000 or less you may choose whether the arbitration takes place in person, by telephone or on written submissions. If the amount of the claim is more than $10,000 the type of hearing shall be determined by the AAA rules.
SCANA ENERGY WILL PAY ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES (IF YOU CHOOSE TO BE REPRESENTED BY AN ATTORNEY) AND EXPERT WITNESS FEES. YOU SHALL NOT BE REQUIRED TO REIMBURSE SCANA ENERGY FOR THE FILING FEES AND ARBITRATION COSTS PAID BY IT UNLESS THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, SCANA ENERGY WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY, INCLUDING PAYMENT OF YOUR ATTORNEY’S FEES AND LITIGATION COSTS IF REQUIRED BY APPLICABLE LAW. IN ADDITION, IF THE ARBITRATION AWARD IS GREATER THAN SCANA ENERGY’S LAST SETTLEMENT OFFER OR IF SCANA ENERGY DID NOT MAKE A SETTLEMENT OFFER, SCANA ENERGY WILL PAY TWICE THE AMOUNT OF YOUR ATTORNEY’S FEES, REIMBURSE THE EXPENSES REASONABLY INCURRED BY YOUR ATTORNEY IN PURSUING YOUR CLAIM AND A $7,500 MINIMUM RECOVERY, PROVIDED, HOWEVER, YOU MAY NOT RECOVER DUPLICATIVE AWARDS OF ATTORNEY’S FEES AND EXPENSES. ALTHOUGH UNDER SOME LAWS SCANA ENERGY MAY HAVE THE RIGHT TO AN AWARD OF ATTORNEY’S FEES AND EXPENSES IF IT PREVAILS, SCANA ENERGY AGREES NOT TO SEEK SUCH AN AWARD.
You and SCANA Energy agree that where the amount at issue is a claim within the jurisdiction of the Magistrate Court and is an individual as opposed to a class claim, you or SCANA Energy may elect to seek resolution of the Dispute in the Magistrate Court. You and SCANA Energy further agree that any appeal from the Magistrate Court, including a de novo appeal, shall be by binding arbitration pursuant to the provisions of this Section. Any such appeal shall be commenced by giving the Notice described in section 4(a). You may also file a complaint with the Georgia Public Service Commission.
This Arbitration Provision shall survive the termination of your gas service with SCANA Energy.
SCANA ENERGY’S LIABILITY FOR DAMAGE FOR ANY CAUSE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, AND NEGLIGENCE, RELATING TO OR ARISING OUT OF THE SALE OF NATURAL GAS TO YOU WILL BE LIMITED TO THE RECOVERY OF THE DIRECT DAMAGES ACTUALLY INCURRED BY YOU; PROVIDED, HOWEVER, IN NO EVENT SHALL SCANA ENERGY’S LIABILITY FOR DAMAGES EXCEED THE AMOUNT OF THE SINGLE LARGEST MONTHLY BILL PAID BY YOU TO SCANA ENERGY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF YOUR CAUSE OF ACTION. THIS REMEDY IS EXCLUSIVE. IN NO EVENT SHALL SCANA ENERGY BE LIABLE FOR ANY INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING OUT OF LOSS OF USE OR LOSS OF PROFITS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, SELLER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
SCANA ENERGY IS NOT RESPONSIBLE FOR THE DELIVERY OF GAS TO YOUR PREMISES. SCANA ENERGY IS UNDERTAKING NO OBLIGATIONS, RESPONSIBILITIES OR LIABILITIES UPON AND AFTER DELIVERY OF THE NATURAL GAS TO AGLC AT THE DELIVERY POINT. AGLC AND ITS EMPLOYEES AND AGENTS ARE NOT EMPLOYEES OR AGENTS OF SCANA ENERGY. AGLC AND ITS EMPLOYEES AND AGENTS ARE RESPONSIBLE FOR THEIR OWN ACTIONS, AND SCANA ENERGY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF AGLC OR ITS EMPLOYEES AND AGENTS. SCANA ENERGY EXERCISES NO INDEPENDENT CONTROL OVER AGLC’S FACILITIES NECESSARY FOR DELIVERY OF THE NATURAL GAS, AND SCANA ENERGY UNDERTAKES NO RESPONSIBILITY OR LIABILITY FOR THE OPERATIONS OF AGLC OR FOR INTERRUPTIONS, TERMINATION OR DETERIORATION OF ITS DELIVERY OR OTHER SERVICES DUE TO ACTIONS BY AGLC OR OTHERS. AGLC IS SOLELY RESPONSIBLE FOR THE NATURAL GAS WHILE IT IS IN AGLC’S SYSTEM BETWEEN THE CITYGATE AND THE POINT OF DELIVERY TO THE RETAIL CUSTOMER AND BEARS SOLE LIABILITY FOR ALL INJURY OR DAMAGE CAUSED THEREBY.
SCANA ENERGY IS NOT RESPONSIBLE FOR YOUR USE OF THE NATURAL GAS. SCANA ENERGY WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER ANY PLAN DUE TO ANY ACT, OMISSION OR CIRCUMSTANCES OCCASIONED BY, OR IN CONSEQUENCE OF, ANY OF THE FOLLOWING MATTERS WHETHER AFFECTING SCANA ENERGY, ITS SUPPLIERS, GATHERERS, TRANSPORTERS, STORERS, OR DISTRIBUTORS: ACTS OF GOD, STRIKES, LOCKOUTS, OR OTHER INDUSTRIAL DISTURBANCES, ACTS OF THE PUBLIC ENEMY, WAR, BLOCKADES, INSURRECTIONS, RIOTS, EPIDEMICS, LANDSLIDES, LIGHTNING, EARTHQUAKES, FIRES, STORMS, FLOODS, WASHOUTS, ARRESTS, RESTRAINTS OF GOVERNMENT AND PEOPLE, CIVIL DISTURBANCES, EXPLOSIONS, BREAKAGE OR ACCIDENT TO MACHINERY OR LINES OF PIPE, EXHAUSTION OR DEPLETION OF SCANA ENERGY’S STOCKS OF PEAK SHAVING FUEL OR STORAGE, FREEZING OF WELLS OR LINES OF PIPE, PARTIAL OR COMPLETE CURTAILMENT OF DELIVERIES OF AS A RESULT OF FORCE MAJEURE AS DEFINED BY SCANA ENERGY’S AGREEMENTS WITH ITS GAS SUPPLIERS, GATHERERS, TRANSPORTERS, STORERS, OR DISTRIBUTORS, INABILITY TO OBTAIN RIGHTS-OF-WAY OR PERMITS OR MATERIALS, EQUIPMENT OR SUPPLIES, AND ANY OTHER CAUSES WHETHER OF THE KIND HEREIN ENUMERATED OR OTHERWISE, NOT WITHIN THE REASONABLE CONTROL OF SCANA ENERGY.
During the operation of its business, SCANA Energy collects and uses information from its customers, including gas usage and other relevant information. SCANA Energy also obtains and uses information about customers from third parties including, but not limited to, credit reporting agencies in order to improve its business operation. SCANA Energy may disclose such information to its affiliates or contractors operating on its behalf to (1) develop or offer new or enhanced products and services or (2) administer and/or collect on customer accounts. SCANA Energy may disclose such information to third parties in connection with proposed business transactions, to credit agencies, or to duly authorized agencies investigating potential hazardous or illegal activity.
These Terms and Conditions are governed by the laws of the State of Georgia including the laws applying to the goods and the applicable provisions of the Uniform Commercial Code as adopted by the State of Georgia.
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