Energy Broker's Letter of Assurance Fails to Create Enforceable Rate Guarantee Against Pass-Through Regulatory Charges

An energy broker's Letter of Assurance promising to "assure the energy supply rate" for a Massachusetts supermarket location did not create an enforceable guarantee against mandatory pass-through regulatory charges that increased the all-in electricity price beyond initial estimates. The Southern District of Texas granted summary judgment to Finite Utility Consulting on counterclaims alleging breach of contract and misrepresentation, finding the LOA explicitly disclaimed any guarantee and stated the broker would only use "best efforts" to resolve rate disputes.