BlueRock Energy, Inc.

This is response to the above captioned complaintMr*** alleges that an overpayment exists on his accountsPlease note that Mr*** has three accounts with us ending with ***, *** and ***All three accounts are on our *** product, which guarantees a savings of 1% over what Is charged
by the utilityThe savings are calculated based on the bottom line total of the utility bill, not just a comparison of the ratesIn addition, the contract specifically states the guaranteed savings are honored on an annualized basis and the account needs to be open and active for a minimum of monthsAll three of his accounts were initially on a fixed price product but were converted to the *** with 1% guaranteed savings in October As of the date of this letter, none of these accounts are eligible for the guaranteed savings and will not be eligible until his October meter readOnce the October meter read takes place, we will run an analysis and honor the 1% guarantee on his contracts and issue refund checks, if applicableWe have had several discussions with Mr*** regarding the contract language that pertains to our 1% guarantee and what is required to be eligibleIn fact, I personally spoke to him again on May 27, regarding the very same issueThe 1% guarantee eligibility criteria was explained to him and I provided a timeline for thatAt this time, 1would like to reference a similar complaint received in your office dated 2/24/14, complaint ID: ***The same situation applies to this prior complaint where the customer had not met the timeline eligibility requirements to receive the guaranteed savingsWe presented our position and the Revdex.com determined BlueRock Energy was not in errorTo reiterate our position, 1% guaranteed savings are paid on an annualized basis and the customer has to be active for months before becoming eligible to receive themThis particular customer has not yet met the timeline eligibility requirements to qualify for the savings in questionHis accounts need to be open and active until the October meter read dateAt that time, we will run an analysis and refund the customer if applicableIt is important to note that if Mr*** terminates his contracts prior to the October, meter read date, he will lose eligibility to be considered for any potential guaranteed savingsThis was communicated to him several timesPlease feel to contact me directly at ###-###-#### should you have any further questionsI await your determinationRespectfully, Joe ADepartment Manager - Customer Experience BlueRock Energy, Inc

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.      I cancelled the accounts on the contract renewal dates with permission and guidance of Blue Rock consultant George B. Very simply, my contracts began with Blue Rock in Late March 2011 and early April, 2011 and ran annually until March and April of each of the following years. The 1% minimum savings are for each contract year, not for random time frames. Mr. A. is using the "Calendar" year 2014 to calculate the refund due instead of the "Contract" year. The largest overcharges occurred during April and May of 2014 which by Blue Rock calculations were $4,352.60 alone. That overcharge is just for those 2 months on the 5 accounts.      Ie: The last 12 contract months of account [redacted] (April 2014-April 2015) show an overcharge of more than $920. The last 12 contract months of account [redacted] show an overcharge of $1,141. I request the last 12 months of each account be analyzed and not selected months.      They also never addressed  how it happened in the first place (I believe they hired an aggressive buyer from [redacted] Energy that messed things up) and if the thousands of other customers (according to their radio advertisements) have been offered refunds.  
Regards,
[redacted]

Mr. [redacted] alleges that he has not been provided a sufficient refund of the cost savings portion of his contracts. He also claims that he is owed "thousands in refunds from 2014 and 2015". Please note that Mr. [redacted] had the following accounts with us ending in [redacted], [redacted], [redacted], [redacted], &...

[redacted]. He has subsequently cancelled each of them. All of these accounts were on our Blue100 product, which guarantees an annual 12 month savings of 1% as compared to total charges with supply by the incumbent energy utility. We sent him a refund check of $3,364.65 on 3/23/15 for the 12 months ending with the December 2014 meter readings. His electricity bills with BlueRock supply for the period were $104,749.72. Had he utilized [redacted] for the same period his electricity charges would have been $102,409.16 . The refund check from BlueRock met the 1% guarantee provision. The customer then chose to convert his supply agreements to a market based product that does not include a guaranteed savings. However, the customer requested that we evaluate savings for the period he was served under the market based product. In spite of the fact that BlueRock had no contractual requirement to provide savings, we issued a check in the amount of $139.87 on 4/28/15 to provide him with additional savings over and above what he had already received under the service. While we were not required to meet such a requirement, we did so in the interest of customer relations. Also, contrary to Mr. [redacted]'s assertions, at no time did BlueRock management override any other requests for additional refunds. Mr. [redacted] has received exactly what he was entitled to under his former contracts and is not entitled to any additional refunds. Mr [redacted] also asserts that the need for the refund was precipitated by some change in BlueRock purchasing practices. This is untrue. [redacted] made many changes to their billing practices, including delaying the collection of higher than average charges during peak months and collecting the charges during subsequent months. That timing by [redacted] resulted in this refund issue. Please feel to contact me directly at ###-###-#### should you have any further questions. I await your determination. Respectfully, Joe A. Department Manager - Customer Experience

This is response to the above captioned complaint and Mr. [redacted]'s comments regarding our response. To recap: Mr. [redacted] alleges that he has not been provided a sufficient refund for the cost savings portion of his contracts. He also claims that he is owed "thousands in refunds from 2014 and 2015". In our original response to the Revdex.com, it was indicated that we adequately responded to the original complaint and provided sound reasoning and logic behind the refund calculations. We further asserted that we have paid this former customer over and above what he was actually entitled to under the 1% guarantee clause of his original contracts. He has received everything he was entitled to and more. When this customer switched all of his accounts to our variable EPI product in February 2015, he was no longer entitled to a 1% guarantee on any of the accounts. We did issue a refund to uphold our agreement to the guaranteed savings provisions of his contracts for the eligible billing periods. In addition, as a measure of good faith and to maintain customer relations, we made a corporate decision to issue an additional refund in the amount of $139.87, which was outside the eligibility period. This was not a requirement on our part, but instead, a voluntary gesture. Mr. [redacted] has made some assumptions that his refunds were being calculated based on "random time frames" and on a calendar year basis. This is an inaccurate assumption. As mentioned in my first letter, the 1% guaranteed savings are not based on calendar months, but actually on an annual contract year, using a rolling 12 months and starting with the first usage month, and running for a 12 month period. It is not randomly calculated on a calendar year basis as Mr. [redacted] has asserted. Additional factors playing into the calculations include contract start date and the timing of when the meter is actually read by the utility. Mr. [redacted] converted his energy agreements from fixed to market based (variable) in February of 2015, and depending on when the meters were actually read, the billing periods for some of those agreements could possibly have spilled into a calculation period that included the month of December. This could give the impression of a review based on a calendar year and is likely the cause for Mr. [redacted]'s confusion.  Furthermore, I am not certain why Mr. [redacted] seems to be so focused on [redacted] Energy. [redacted] did not purchase power on behalf of BlueRock Energy, nor did they ever act as an agent or consultant to us. In fact, [redacted] Energy has not even been in operation for several years.  As stated in my prior response, the reason why there was a need to submit a refund in the first place was because of numerous changes [redacted] made to their billing practices, including delaying the collection of higher than average charges during peak months and then collecting (or recouping) those charges during subsequent months. This presented a skewed or incorrect representation of what the actual charges really were. Again, we assert that Mr. [redacted] has received all of what he was entitled to under his former contracts (and more) and is not entitled to any additional refunds. Please feel to contact me directly at ###-###-#### should you have any further questions. I await your determination. Respectfully, Joe A.  Department Manager - Customer Experience