2017 Block Energy (ComEd, AIC, and MEC) and Capacity (AIC) Procurement Events

On September 27, 2016, the IPA submitted its Procurement Plan (“Plan”) to the Illinois Commerce Commission (“ICC”) in compliance with Public Act 095-0481 (the “Act”), which includes the Illinois Power Agency Act (“IPA Act”). The ICC issued its Order with regards to the Plan on December 13, 2016. The Plan approved by the ICC provided for (i) a Spring 2017 procurement of monthly on-peak and off-peak standard block forward products as well as combinations for AIC, ComEd, and MEC; (ii) a Fall 2017 procurement of monthly on-peak and off-peak standard block forward products as well as combinations for AIC, ComEd, and MEC; and (iii) a Fall 2017 procurement of capacity for AIC for a period of June 1, 2018 to May 31, 2019. The supply period for the standard block forward products is June 1, 2017 to May 31, 2020.

Fall 2017 Block Energy and Capacity Calendar (June 23, 2017)
Spring 2017 Block Energy Calendar (February 10, 2017)
Announcements – Spring and Fall 2017 BEC RFPs

Click here to view Block Energy and Capacity FAQs.

Fall 2017 Block Energy and Capacity RFP Results

Spring 2017 Block Energy/Standard Products RFP Results

You may register to receive announcements for these procurement events held under the Block Energy/Standard Products RFP or “STP RFP”, through the Register Page and selecting the “Block Energy and Capacity RFP” option.


Fall 2017 Block Energy and Capacity RFP

FINAL Fall 2017 Final Block Energy and Capacity Targets and Pre-Bid Letter of Credit Amounts

Fall 2017 Block Energy and Capacity Bidder Information Webcast

FINAL Final Fall 2017 Block Energy and Capacity RFP Documents

FINAL (AIC) Capacity Agreement

FINAL (AIC) Confirmation Agreement

FINAL ComEd Energy Master Agreement

FINAL (MEC) Confirmation Agreement

DRAFT Fall 2017 Block Energy and Capacity RFP DRAFT Documents

Capacity Agreement Comment Process

DRAFT (AIC) Capacity Agreement

DRAFT Redline Comparison


Spring 2017 Block Energy

Spring 2017 Final Block Targets and Pre-Bid Letter of Credit Amounts

Spring 2017 Bidder Information Webcast

FINAL Spring 2017 Standard Products RFP Documents

FINAL Spring 2017 (AIC) Confirmation Agreement

FINAL Spring 2017 ComEd Energy Master Agreement

FINAL Spring 2017 (MEC) Confirmation Agreement

DRAFT Spring 2017 STP RFP Documents

Spring 2017 Standard Products Master Agreements Comment Process

DRAFT Spring 2017 (AIC) Confirmation Agreement

DRAFT Spring 2017 ComEd Energy Master Agreement

DRAFT Spring 2017 (MEC) Confirmation Agreement


2017 Block Energy and Capacity FAQs

Click on the question to see the answer:

FAQ-BE-1
Q: Have the requirements for participating in the Block Energy / Standard Products RFP been established? Are these the same for all procurement events and RFPs?

The requirements for participating in the procurement events under the 2017 Illinois Power Agency Procurement Plan differ depending on the procurement event type. The requirements for a procurement event are stated in the RFP Rules for that procurement event. The DRAFT RFP Rules for the Block Energy/Standard Products RFP are available here:

https://www.ipa-energyrfp.com/spring-block-energy/draft-documents/

Final RFP documents are expected to be released on March 7, 2017. If you are inquiring about another RFP, please submit a follow-up question.

02-28-2017

FAQ-BE-3
Q: How can I get the appropriate banking instructions for a utility’s Pre-Bid Letter of Credit?

Please email your request to the Procurement Administrator and you will receive the Standard Pre-Bid Letter of Credit with the appropriate banking instructions included.

03-13-2017

FAQ-BE-4
Q: Where can I find instructions for payment of the bid participation fee?

Instructions for payment of the bid participation fee are available from the Procurement Administrator. Please send your request via email.

03-13-2017

FAQ-BE-5
Q: Will the IPA accept payment of the bid participation fee via ACH or via wire transfer?

No. The only options for payment of the bid participation fee are by check or e-pay, according to the instructions provided by the Procurement Administrator.

03-13-2017

FAQ-BE-6
Q: The individual who usually serves as Officer of the Bidder is not available during the Part 1 Window but will be available during the Part 2 Window before the Part 2 Date. What should we do in the meantime for purposes of submitting the Part 1 Proposal?

Please name another individual with the appropriate qualifications to serve as Officer of the Bidder during the Part 1 Window. If the individual who usually serves as Officer of the Bidder returns prior to the Part 2 Date as you expect, and you wish for this individual to return to his role as Officer of the Bidder, then this individual would have to re-do all certifications of the Part 1 Proposal and submit these with the Part 2 Proposal.

03-14-2017

FAQ-BE-7
Q: For the Pre-Bid Letter of Credit due for each procurement event, can we rely on the documents that we submitted last year and issue the same document this year? How about for the guaranty?

You cannot rely on the documents submitted last year as the basis for documents submitted as part of your Proposal this year. There are several reasons for this, including the fact that there are administrative changes to the Pre-Bid Letter of Credit every year and the fact that ComEd has made changes to its standard form of guaranty.

A Bidder must submit the Standard Pre-Bid Letter of Credit for a Company or incorporate only modifications approved by the Company as posted to the procurement website. The Standard Pre-Bid Letters of Credit are available from the Procurement Administrator upon request.

A Bidder that relies on the financial standing of a Guaranty for the procurement event of a Company must use the standard form of Guaranty or incorporate only those modifications acceptable to the Company. For each Company, the form of Guaranty and the acceptable modifications thereto are included in the applicable supplier contract. For AIC and MEC, please review Schedule 1 to the Form of Guaranty within the Confirmation Agreement document. For ComEd, the form of Guaranty is provided here: https://www.ipa-energyrfp.com/?wpfb_dl=1101 and the optional changes are available here: https://www.ipa-energyrfp.com/?wpfb_dl=1102.

03-14-2017

FAQ-BE-8
Q: We will be unable to provide all required documents for our guarantor. The Bidder itself is not rated and does not have separate financial statement. We wish to use a letter of credit to fulfil the creditworthiness requirements under the applicable supplier contracts. How do we present this in our proposal?

One way to present your proposal is to indicate that the Bidder is relying on its own financial standing (by selecting “The Bidder is the Entity” in Section 3) and to indicate that financial statements are unavailable for the Bidder (by clicking “If the Entity is the Bidder and the information is not available, please click here” where required in Section 3).   You may also indicate in the Justification of Omissions that the Bidder does not have separate financial results or ratings.

03-14-2017

FAQ-BE-9
Q: Are we able to participate in the Block Energy/Standard Products RFP if the Entity on whose financial standing the Bidder relies is not rated or does not have financial documents (e.g. SEC Form 10-K, SEC Form 10-Q, etc.)?

Yes, a Bidder unable to provide the required financial documentation (either for the Bidder or a Guarantor) is eligible to participate in the RFP. Such Bidder, however, will not be extended any unsecured credit under the terms of the applicable supplier contract.

03-14-2017

FAQ-BE-10
Q: We would like our IT department to ensure that we can access the secure electronic file transfer interface for submission of bids. Can we get advance notice of the URL?

Details regarding the secure electronic file transfer interface is available from the Procurement Administrator upon request.

03-14-2017

FAQ-BE-11
Q: Can a Bidder in the Block Energy/Standard Products RFP submit cash instead of a Pre-Bid Letter of Credit to support its Bids?

No. With the Part 2 Proposal, a Bidder that intends to submit Bids for a Company’s Products and/or Combinations must submit an executed Pre-Bid Letter of Credit to that Company in an amount sufficient to support the Bids.  You must either use the Standard Pre-Bid Letter of Credit provided as an Appendix to the RFP Rules, or the Pre-Bid Letter of Credit must incorporate only those modifications to the Standard Pre-Bid Letter of Credit approved by the Company and posted to the procurement website.  Please see the list of acceptable modifications posted immediately below each Pre-Bid Letter of Credit on the Final Materials page of the Spring Block Energy section of the procurement website.

03-20-2017

FAQ-BE-12
Q: Is it possible to negotiate terms and submit comments on the applicable supplier contracts?

No. The deadline to submit comments on the form of the supplier contracts for the Spring 2017 Block Energy/Standard Products RFP (“STP RFP”) was February 21, 2017.  The final supplier contracts were posted to the Final Materials page of the Spring Block Energy section of the procurement website on March 6, 2017. There is no additional process by which comments on the contracts can be made. To participate in the STP RFP, a Bidder must accept the terms of the applicable standard contract.

03-20-2017

FAQ-BE-13
Q: When are the Pre-Bid Letters of Credit due under the Block Energy/Standard Products RFP?

Part 2 Proposals, including the Pre-Bidder Letters of Credit, are due by 12 PM (noon) CPT on March 29, 2017.

03-20-2017

FAQ-BE-14
Q: Where can I find the instructions on where to send the Pre-Bid Letter of Credit for each Company?

The Procurement Administrator confirms these instructions with each Bidder. You may also see Paragraphs V.2.3, V.3.3, and V.4.3 for the instructions on where to send the Pre-Bid Letter of Credit for AIC, ComEd, and MEC respectively.

03-20-2017

FAQ-BE-15
Q: Are we required to provide the Contract Delay Insert if we have provided the applicable Contract Insert?

No.

03-20-2017

FAQ-BE-16
Q: How can we confirm that our bank will be acceptable to each Company for purposes of issuing the letter of credit?

The requirement for the Pre-Bid Letter of Credit is that the bank must represent that it is as of the date of issuance of the letter of credit, its senior unsecured debt is rated “A” or better by Standard & Poor’s (“S&P”) if rated by S&P, “A2” or better by Moody’s Investors Service (“Moody’s”) if rated by Moody’s, and, “A” or better by Fitch Ratings (“Fitch”) if rated by Fitch.

You may ask the Procurement Administrator for confirmation for a particular bank. Please note that the requirements for a financial institution issuing a Letter of Credit during the term of the applicable supplier contract may be different. As such, this response only applies to the Pre-Bid Letter of Credit and not to the letters of credit during the term of the applicable supplier contracts.

03-20-2017

The legal notices and terms of use for the Sharefile website can be found here: https://www.citrix.com/about/legal/legal-notice/.

03-23-2017

FAQ-BE-18
Q: The Procurement Administrator sent to Bidders the Pre-Bid Letters of Credit via email. Are these documents the same as those posted to the Final Materials section on 3/17/2017?

The documents are the same except that the Letters of Credit sent to bidders via email include the bank information in Paragraph 7.

03-31-2017

FAQ-BE-20
Q: To support a bid on a combination, must the Pre-Bid Letter of Credit be for $5,000 for one block of the combination or must the Letter of Credit be for $5,000 times the number of months in the combination? For example, to support a bid on one October-November-December combination block, would I be required to post $5,000 for that block, or would I be required to post $15,000 for that block?

The $5,000 is an amount per block and per month for a combination of a given year and segment.  In your example, to bid on an October-November-December combination, the security requirement is $15,000 (three times $5,000 because there are three months).

03-31-2017

FAQ-BE-21
Q: If we are a current supplier to a Company and we have winning bids in the Block Energy/Standard Products RFP again this year, will we be required to execute the 2017 Agreement or will we simply be executing a Confirmation under our existing Agreement?

Each Bidder with bids approved by the Commission will be required to execute the 2017 Agreements.

03-31-2017

FAQ-BE-22
Q: What are the Supplier Fees for the Spring 2017 procurement event under the Block Energy/Standard Products RFP?

The Supplier Fees are as follows:

$ 92 per off-peak block

$ 138 per on-peak block

03-31-2017

FAQ-BE-23
Q: What accounts for the change in the Targets in the Block Energy/STP RFP?

The provisional Targets provided in the RFP Rules reflect the load forecasts provided by Ameren Illinois Company, Commonwealth Edison Company, and MidAmerican Energy Company in the 2017 Electricity Procurement Plan filed with the Illinois Commerce Commission by the Illinois Power Agency (“IPA”). The provisional Targets are based on July 2016 load forecasts. The Procurement Plan calls for the utilities to update their load forecasts in March 2017. The final Targets are based on these March 2017 load forecasts provided by the utilities to the IPA.

For more information regarding the load forecasts, please see Section 3 of the 2017 Procurement Plan available here: https://www.illinois.gov/sites/ipa/Pages/2017-Procurement-Plan.aspx.

04-02-2017

FAQ-BE-24
Q: When the evaluation of bids is complete, will bidders receive a communication by email or via secure electronic file transfer?

Each bidder will have received a communication via secure electronic file transfer of whether any of its Bids have been identified as winning Bids to the Commission.

04-04-2017

FAQ-BE-25
Q: What is the process after the Bid Date?

Please see paragraph VI.2.11 and VI.2.13 of the RFP Rules.

Within two (2) business days of the Bid Date, the Procurement Administrator will submit to the ICC a confidential report that will provide the results of the procurement event(s) on the Bid Date as well as a recommendation on whether these results should be accepted or rejected. Within two (2) business days of the Bid Date, the Procurement Monitor will submit to the ICC a confidential report regarding the results of the procurement event(s) on the Bid Date as well as a recommendation on whether these results should be accepted or rejected.  The ICC will decide whether to accept or reject the results of each procurement event within two (2) business days of receiving the confidential reports from the Procurement Administrator and the Procurement Monitor regarding the procurement event.

If the ICC accepts the results of a procurement event for a Company, the Procurement Administrator will notify all Bidders that submitted Bids in that procurement event whether some or all of their Bids were accepted by the ICC. Bidders that have some or all of their Bids for the procurement event for a Company accepted by the ICC are called winning Bidders for that procurement event of that Company. The Procurement Administrator notifies each winning Bidder of the number and price of blocks won for each month and Segment for that Company. The Procurement Administrator also provides to the Company procuring blocks through that procurement event the name of each winning Bidder, and for each such winning Bidder, the number and price of blocks won for each month and Segment.  For each Segment of each month, the price paid to the winning Bidder is the average of the Bidder’s own winning Bids for all blocks of that Product and for all blocks of a Combination that includes that Segment of that month.  Such notification is made as soon as practicable after the ICC decision.

04-10-2017

FAQ-BE-26
Q: When can we expect an invoice for the Supplier Fees? Will these come from the Procurement Administrator or from the IPA?

You should expect an invoice for the Supplier Fees directly from the IPA on April 7, 2017.

04-10-2017

FAQ-BE-27
Q: In the three days that we have available to fully execute the Agreements, will the utilities accept a signature page by facsimile or electronic means?

Please see each of the terms of the applicable supplier contracts. Delivery of an executed counterpart of a signature page by facsimile or electronic means is sufficient.

04-10-2017

FAQ-BE-28
Q: What is a seller paid under the contract for a given segment and month for which the seller has winning bids?

For each Segment of each month for a Company, a seller is paid the average of the seller’s approved Bids for all blocks of a Product and for all blocks of a Combination that includes that Segment of that month for a Company.

04-20-2017

FAQ-BE-29
Q: Is it a requirement to be a registered MISO Market Participant prior to participating in the Fall 2017 procurement event for capacity?

The RFP Rules, which would include the qualification standards, and the AIC Capacity Agreement, have not yet been posted. For the Fall 2016 procurement event for capacity, Bidders were not required to be a registered MISO Market Participant prior to participating in the procurement event.

05-17-2017

FAQ-BE-30
Q: When is the webcast for the Fall 2017 Block Energy and Capacity RFP (“BEC RFP”) scheduled?

The webcast for the Fall 2017 Block Energy and Capacity RFP (“BEC RFP”) is scheduled for Wednesday, July 26, 2017.  If you have not done so already, RSVP now! Additional information regarding the webcast will be provided as it becomes available.  The call-in and WebEx login information will be provided early on the day of the webcast.

06-25-2017

FAQ-BE-31
Q: Regarding the comment process for the draft (AIC) Capacity Agreement, am I correct to assume that you are soliciting comments only on proposed changes that have been made relative to the previously used 2016 (AIC) Capacity Agreement and not on the entire contract?

Yes, you are correct.

07-13-2017

FAQ-BE-32
Q: The (AIC) Capacity Agreement provides in “Schedule 1 to the Form of Guaranty,” a list of acceptable modifications to the standard Guaranty (Attachment B). Am I correct that modifications on this list is acceptable for all counterparties to use on an optional basis and we are not required to request pre-approval to use these modifications.

Yes, you are correct.

07-13-2017

FAQ-BE-33
Q: Am I required to submit a Bid Participation for the Fall 2017 Block Energy and Capacity RFP if I paid a Bid Participation Fee during the Spring 2017 Block Energy/Standard Products RFP?

No. A Bidder is only required to pay a Bid Participation Fee if it has not paid the Bid Participation Fee pursuant to its participation in a prior 2017 procurement event.

07-20-2017

FAQ-BE-34
Q: Is the Procurement Administrator accepting comments on the letters of credit? If so, when is the deadline to provide comments? Additionally, is the Procurement Administrator accepting comments on other aspects of the Fall 2017 Block Energy and Capacity RFP?

Bidders may provide comments on the Standard Pre-Bid Letters of Credit for a Company, including the AIC Energy, ComEd, MEC, and AIC Capacity procurement events. Each Bidder provides comments to the applicable Standard Pre-Bid Letter of Credit for a Company that is posted to the procurement website using tracked changes in Microsoft Word. Any one of a Bidder’s comments or proposed modifications may result in an addition to the list of modifications to the Standard Pre-Bid Letter of Credit approved by a Company for use by all Bidders on an optional basis. The deadline to provide comments on the Standard Pre-Bid Letters of Credit is the Part 1 Date of August 3, 2017.

The Procurement Administrator is not accepting comments on other aspects of the Fall 2017 Block Energy and Capacity RFP at this time.

07-20-2017

FAQ-BE-35
Q: What is the provisional ZRC Target for the upcoming Ameren Illinois Company (“AIC”) Capacity procurement event and when will the ZRC Target be finalized? Additionally, is there a cap on the number of ZRCs a single Bidder can win?

The provisional ZRC Target is 926 ZRCs for the upcoming AIC Capacity procurement event.  The final ZRC Target is expected to be provided to Bidders on the date of the Part 1 Notification (August 8, 2017). A Bidder may bid on any number of ZRCs up to the ZRC Target and there is no cap on the number of ZRCs a single Bidder can win.

07-21-2017

FAQ-BE-36
Q: The individual who usually serves as the Officer of the Bidder will be away during the Part 1 Window. Can we have a different Officer sign the certifications required by the Part 1 Proposal and then have the individual who usually serves as Officer of the Bidder sign the certifications required by the Part 2 Proposal? Alternatively, can the individual who usually serves as Officer of the Bidder have another individual sign on their behalf for the certifications required by the Part 1 Proposal?

All representations and certifications required by the Block Energy and Capacity RFP, including those in the Part 1 Proposal and the Part 2 Proposal, must be made by a single individual who is an Officer of the Bidder. An Officer of the Bidder is an individual empowered to undertake contracts and bind the Bidder.

If you expect that the individual who usually serves as the Officer of the Bidder will not be available to make the certifications required by the Part 1 Proposal, please name another individual with the appropriate qualifications to serve as Officer of the Bidder during the Part 1 Window. The individual who usually serves as Officer of the Bidder may not have another individual sign on their behalf when the individual who usually serves as Officer of the Bidder is unavailable. If the individual who usually serves as Officer of the Bidder returns prior to the Part 2 Date as you expect, and you wish for this individual to return to their role as Officer of the Bidder, then this individual would have to re-do all certifications of the Part 1 Proposal and submit these with the Part 2 Proposal. Alternatively, if possible, you may have the individual who usually serves as Officer of the Bidder make all certifications required by the Part 1 Proposal and the Part 2 Proposal during the Part 1 Window and submit these with the Part 1 Proposal.

07-21-2017

FAQ-BE-37
Q: Can you please confirm that our understanding of the (AIC) Capacity Agreement is correct? First, if we fail to deliver all or a portion of the Zonal Resource Credits (“ZRC””) to AIC (the Buyer), we are responsible for all penalties and/or charges assessed to the buyer regardless of the difference between the (AIC) Capacity Agreement Contract Price and the MISO Compliance Zone Auction Clearing Price (“ACP”). Second, if the Compliance Zone ACP is greater than the Contract Price, we are required to pay the positive difference between the Contract Price and the Compliance Zone ACP multiplied by the days in the Planning Year and the number of ZRCs we fail to deliver.

First, if you fail to deliver all or a portion of the ZRCs which you are required to deliver to the Buyer’s account, then you are responsible for all penalties and/or charges assessed to the Buyer (either directly or through contractual obligation) resulting from such failure regardless of the difference between the Contract Price or the MISO Compliance Zone ACP. Second, you are correct that if the Compliance Zone ACP is greater than the Contract Price, then you are required to pay the positive difference obtained by subtracting the Contract Price from the Compliance Zone ACP multiplied by the days in the Planning Year and multiplying such positive amount by the quantity of ZRCs which you fail to deliver.

07-24-2017

FAQ-BE-38
Q: Is it possible that some of a Bidder’s Bids in the AIC Capacity procurement event are identified as “winning Bids” to the ICC, while others are not? For instance, if a Bidder submits Bids at the same price in $/MW-Day, is it the case that the Procurement Administrator accepts either all of the Bids or none of the Bids?

It is possible that only a portion of a Bidder’s Bids are accepted should the Bidder submit Bids for multiple ZRCs at the highest accepted price in order to exactly fill the ZRC Target for the Planning Year.

07-24-2017

FAQ-BE-39
Q: When should I expect to receive dial-in instructions for the July 26, 2017 Block Energy and Capacity RFP webcast?

Dial-in and WebEx login information will be provided early on the day of the webcast.

07-24-2017

FAQ-BE-40
Q: When should I expect to receive login credentials to access the Block Energy and Capacity RFP Part 1 Form?

Your username and password, as well as instructions for completing the Part 1 Form, will be provided after the July 26, 2017 BEC webcast.

07-24-2017

FAQ-BE-41
Q: For the Ameren Illinois Company (“AIC”) Capacity procurement event, does the full amount of performance assurance required at contract signing remain in place for the full duration of the contract? When would the letter of credit posted as performance assurance expire?

In responding to this question, we assume that Seller is not a counterparty to another supply contract with AIC besides the (AIC) Capacity Agreement. Upon execution of the contract, performance assurance to cover 10% of the contract value (i.e., 10% x contract price x ZRCs x 365 days) will be required.

(a)        If all ZRCs under contract are from the compliance zone, then upon AIC confirming the transfer of all ZRCs to AIC’s account, the exposure will be reduced to zero and the performance assurance may be returned at that point.

(b)        If all or a portion of the ZRCs under contract include ZRCs from outside of the compliance zone, then for that portion of the contract that is associated with ZRCs outside of the compliance zone, AIC will retain 10% of the contract value (regardless of whether such non-compliance zone ZRCs have been transferred or not) until the conclusion of the posting of MISO Planning Resource Auction (“PRA”) results. After the MISO PRA results are provided: (i) if it is determined that Seller does not owe Buyer payments, then performance assurance may be returned at that point; and (ii) if it is determined that Seller owes Buyer payments, then performance assurance for an amount equal to the amount owed will be required at that point and the performance assurance will be fully returned with the last payment by Seller.

If Seller is providing a letter of credit as performance assurance, then the letter of credit must remain valid for the duration for which performance assurance is required, which could be through June 30, 2019. Seller is responsible for providing an amendment to extend the validity of any letters of credit as necessary.

07-25-2017

FAQ-BE-42
Q: We are relying on our own financial standing for purposes of the Part 1 Proposal and are not required to file an SEC Form 10-Q. We do, however, produce our own quarterly financial statements. Where can I find the requirements for financial attestation to indicate that the quarterly information submitted fairly presents in all material respects the financial condition and results of the operations of the Entity on whose financial standing the Bidder relies?

The requirements for financial attestation can be found in Appendix 9 to the BEC RFP Rules posted to the Final Materials page of the procurement website under the “Final Fall 2017 Block Energy and Capacity RFP Documents” heading.

07-27-2017

FAQ-BE-43
Q: Where can I find a list of acceptable modifications to the Standard Pre-Bid Letters of Credit?

Preliminary lists of acceptable modifications to the Standard Pre-Bid Letters of Credit are posted to the Final Materials page of the Fall Block Energy and Capacity section of the procurement website under the heading “Final Fall 2017 Block Energy and Capacity RFP Documents”.

07-31-2017

FAQ-BE-44
Q: What is the process that a Bidder should follow if the information submitted in the Part 1 Proposal changes?

Regardless of the reason, if any information provided in the Part 1 Proposal changes or any previous certification fails to remain valid, it is the sole responsibility of the Bidder to notify the Procurement Administrator. Failing to do so may result in disqualification of the Bidder and of its Proposal. The Procurement Administrator reserves the right to change the assessment of qualifications based on any revised information provided by the Bidder.

07-31-2017

FAQ-BE-45
Q: If the name of the entity that submitted the Part 1 Proposal changes at the time of the Part 2 Proposal, what documentation should we provide to the Procurement Administrator?

We assume that you are referring to a change in name only and not a change to the corporate structure of the entity that submits the Part 1 Proposal. If there is a change in the corporate structure, through a merger for example, and the new entity is no longer the same as the entity that submitted the Part 1 Proposal, then such entity will not be able to continue its participation in the RFP. If this is a change in name only and not a change to the corporate structure of the entity, you will be required to provide documentation of the name change and to provide any information required by the Procurement Administrator to establish that there is no change in corporate structure.

07-31-2017

FAQ-BE-46
Q: Can we use any financial institution to issue the letter of credit or are there specific requirements that such financial institution must meet?

For the Pre-Bid Letter of Credit, the financial institution is a bank that satisfies the credit ratings provided in Paragraph 14. The issuing bank must certify that, as of the date of issuance of the Pre-Bid Letter of Credit, its senior unsecured debt is rated “A” or better by S&P Global Ratings (“S&P”) if rated by S&P, “A2” or better by Moody’s Investors Service (“Moody’s”) if rated by Moody’s, and, “A” or better by Fitch Ratings (“Fitch”) if rated by Fitch. Furthermore, the issuing bank must certify that its senior unsecured debt is rated by at least two of S&P, Moody’s, and Fitch. The requirements for a financial institution issuing the Post-Bid Letter of Credit appended to each applicable supplier contract are the same and are also stated as part of its terms.

07-31-2017

FAQ-BE-47
Q: Can a Bidder post cash instead of providing a Pre-Bid Letter of Credit for any of the procurement events under the Fall Block Energy and Capacity RFP?

No. With the Part 2 Proposal, a Bidder must submit an executed Pre-Bid Letter of Credit for each procurement event in which it intends to submit Bids.  You must either use the Standard Pre-Bid Letter of Credit for that procurement event in question provided as an appendix to the RFP Rules or you must incorporate only those modifications approved by the Company and posted to the procurement website.

07-31-2017

FAQ-BE-48
Q: Where can I find each applicable supplier contract?

Each applicable supplier contract is posted to the Final Materials page of the Fall Block Energy and Capacity section of the procurement website. These documents are dated July 24, 2017.

07-31-2017

FAQ-BE-49
Q: Where are the presentation materials from the July 26, 2017 webcast posted?

The Procurement Administrator has posted the presentation materials and the audio recording from the bidder information webcast held July 26, 2017 to the Final Materials page of the Fall Block Energy and Capacity section of the procurement website.

07-31-2017

FAQ-BE-50
Q: I understand that Bidders in the AIC Capacity procurement event must submit their Pre-Bid Letters of Credit by August 21, 2017 (instead of by the Part 2 Date of August 16, 2017). What are Bidders in the AIC Capacity procurement event required to submit by the Part 2 Date, if anything?

By noon (CPT) on the Part 2 Date, a Bidder participating in the AIC Capacity procurement event is required to submit all information required by the Part 2 Form as well as Inserts and documents required to support the Part 2 Proposal.

07-31-2017

FAQ-BE-51
Q: What is the required amount for the Pre-Bid Letter of Credit for the AIC Capacity procurement event? Is it $200,000 or $300,000?

The Pre-Bid Letter of Credit for the AIC Capacity procurement event must be $200,000 (regardless of the amount you intend to bid).

07-31-2017

FAQ-BE-52
Q: I understand that 10% of the contract value is due upon signing the AIC Capacity Agreement. Can the $200,000 Pre-Bid Letter of Credit be used for that purpose or are they two separate requirements?

The two requirements are separate. Each Bidder participating in the AIC Capacity procurement event is required to submit a Pre-Bid Letter of Credit in an amount of $200,000 to support its Bids. This Pre-Bid Letter of Credit will expire as part of its terms after contract execution and payment of the supplier fees. This Pre-Bid Letter of Credit cannot be used to meet the performance assurance under the terms of the AIC Capacity Agreement. The performance assurance is 10% of contract price x ZRCs won x 365 days.

07-31-2017

FAQ-BE-53
Q: Can a Bidder that is not relying on the financial standing of a guarantor and that is not rated by any of the rating agencies become a Seller under the terms of the AIC Capacity Agreement?

Yes. An entity that is not rated by S&P Global Ratings, Moody’s Investors Service, or Fitch Ratings may become a Seller under the (AIC) Capacity Agreement.  However, such an entity will not receive any unsecured credit under the terms of the (AIC) Capacity Agreement.

07-31-2017

FAQ-BE-54
Q: Do we need to fill out the fields for Scheduling in the AIC Capacity Contract Insert (also labelled INSERT #P1-9). I do not see that this information is required in the (AIC) Capacity Agreement itself.

Thank you for bringing this to our attention. This information is superfluous and you may leave these fields blank or insert “N/A”.

07-31-2017

FAQ-BE-55
Q: Can we provide the name of the financial institution that will issue our Pre-Bid Letters of Credit for purposes of verifying that the financial institution is acceptable to all the Companies?

Generally you should be able to determine yourself or the financial institution should be able to determine whether the financial institution will be acceptable to the Companies. The issuing bank must certify that, as of the date of issuance of the Pre-Bid Letter of Credit, its senior unsecured debt is rated “A” or better by S&P Global Ratings (“S&P”) if rated by S&P, “A2” or better by Moody’s Investors Service (“Moody’s”) if rated by Moody’s, and, “A” or better by Fitch Ratings (“Fitch”) if rated by Fitch. Furthermore, the issuing bank must certify that its senior unsecured debt is rated by at least two of S&P, Moody’s, and Fitch.

If for some reason you and the issuing bank cannot make this determination, please submit a question through the Ask a Question page.

07-31-2017

FAQ-BE-56
Q: Where do I find the SEC Form 10-Q?

Securities and Exchange Commission (“SEC”) Form 10-Q is a quarterly report that the SEC requires be filed by publicly traded corporations. The requirements for SEC Form 10-Q, including its submission, may be found here: https://www.sec.gov/files/form10-q.pdf.

As part of the Part 1 Proposal, Bidders are required to provide financial information for the Entity on whose financial standing a Bidder relies, including quarterly financial information. If available, the SEC Form 10-Q should be submitted to fulfil this requirement. If the SEC Form 10-Q is unavailable, the most recent quarterly or monthly financial data must be accompanied by an attestation by an officer of the Entity that the information submitted fairly presents in all material respects the financial condition and results of the operations of the Entity. The requirements for this attestation are more specifically provided in the Appendix of the RFP Rules prepared for this purpose. If the SEC Form 10-Q is unavailable, the Bidder must also either provide a review report from an independent accountant for the most recent quarterly or monthly financial data submitted or state that such a report is not available.

07-31-2017

FAQ-BE-57
Q: Where can I find the banking information needed to complete Paragraph 7 of the Standard Pre-Bid Letters of Credit?

Please send an email to Illinois-RFP@nera.com requesting the banking information. In your email, please specify which utility you would like to receive the banking information for.

08-01-2017

FAQ-BE-58
Q: Can we change the Issuing Bank for the letters of credit after submitting initial documents?

This answer is given in two parts and pertains to the Standard Pre-Bid Letters of Credit and the Standard Post-Bid Letters of Credit separately.

Once your Pre-Bid Letter of Credit for a Company has been found acceptable and once the deadline for submission of the Pre-Bid Letter of Credit has passed, there is neither an opportunity nor a process for changing the Issuing Bank.  The Pre-Bid Letter of Credit will not have expired and the cancellation of the Letter of Credit would require the affirmative action of the Company.

You may change the Issuing Bank for the Standard Post-Bid Letters of Credit as long as you provide notice to the Company for which you have executed a supplier contract. The replacement Letter of Credit is subject to acceptance by the company.  You must use one of the two standard options posted to the Final Materials page of the Fall Block Energy and Capacity section of the procurement website should you choose to change the Issuing Bank for the Standard Post Bid Letter of Credit.

08-01-2017

FAQ-BE-59
Q: Where can I find the final block and ZRC targets for the Fall 2017 Block Energy and Capacity RFP?

Final block and ZRC targets are posted to the Final Materials page of the Fall Block Energy and Capacity section of the procurement website.

08-01-2017

FAQ-BE-60
Q: Can you confirm the docket number in the definition of “Procurement Event” in the Standard Pre-Bid Letters of Credit as well as the mention of June 2017 given that the supply period for the Fall BEC RFP begins in October 2017?

The definition is correct.  The docket number can be found in the ICC Final Order here:

https://www.illinois.gov/sites/ipa/Pages/current_approved_plan.aspx

The “period starting June 2017” refers to the Procurement Plan and not to specific procurement events.

08-01-2017

FAQ-BE-61
Q: Can we provide comments on the Standard Post-Bid Letter of Credit for the (AIC) Capacity Agreement during the Part 2 Window?

No. Comments will not be solicited on the Standard Post-Bid Letter of Credit for the (AIC) Capacity Agreement during the Fall 2017 Block Energy and Capacity RFP, including during the Part 2 Window.

08-02-2017

FAQ-BE-62
Q: A Company did not accept one of our proposed modifications to the Standard Pre-Bid Letter of Credit. Is there a process for reconsideration?

No.  The Company’s response to your proposed modifications is final.

08-02-2017

FAQ-BE-63
Q: We have multiple guaranties in place with ComEd. Can we consolidate our multiple guaranties into a single guaranty?

Yes, this is possible. You may request this of ComEd during the contract execution process after the approval of the results by the Illinois Commerce Commission.

08-02-2017

FAQ-BE-64
Q: If we are a current supplier to a Company and we have winning bids in a procurement event again this year, will we be required to execute a new Agreement or will we simply be executing a Confirmation under our existing Agreement? Additionally, can we net credit exposures to a Company?

First, if you are a winning bidder in this Fall 2017 BEC RFP, you must execute a new applicable supplier contract(s) regardless of whether you are a winning supplier or not from a prior procurement event. Generally, netting of credit exposures and a shared unsecured credit line across each utility’s supplier contracts is envisaged.

08-02-2017

FAQ-BE-65
Q: Can you provide contact information for the Companies regarding contract execution?

Contact information for the Companies will be provided at the time of contract execution.

08-02-2017

FAQ-BE-66
Q: Where should the Pre-Bid Letters of Credit be sent?

Please see Paragraphs V.2.3, V.3.3, V.4.3, and V.5.2 of the RFP Rules for the Fall 2017 procurement events for the information needed to deliver the Pre-Bid Letters of Credit to the utilities.

08-03-2017

FAQ-BE-67
Q: Can you provide a list of banks that are able issue a Pre-Bid Letter of Credit for a Company on our behalf?

It is the sole responsibility of the Bidder to find an Issuing Bank that meets the requirements of the Pre-Bid Letters of Credit for the BEC RFP and that is able to issue a Pre-Bid Letter of Credit on the Bidder’s behalf.

The Procurement Administrator regrets not being able to provide further assistance in this regard.

08-08-2017

FAQ-BE-68
Q: How does netting of credit exposures across each utility’s supplier contracts get memorialized? Does the IPA leverage a cross master netting agreement across the utilities?

First, the IPA is not a party to the contracts. Each applicable supplier contract is administered by the applicable utility. The netting of credit exposure is memorialized in the calculation of the exposure amounts as well as a single share unsecured credit line provided by the utility to each credit support provider. Each utility also allows for a single guaranty to be provided by seller to cover the exposure across all applicable supply contracts with that utility.

08-09-2017

FAQ-BE-69
Q: If we are a supplier under both the Spring 2017 Block Energy/Standard Products RFP and the Fall 2017 Block Energy and Capacity RFP, are we required to send separate invoices, one for each contract or is an aggregated invoice permissible? Additionally, should we schedule volume from each solicitation separately or is one aggregated schedule preferred?

It is the Procurement Administrator’s understanding that scheduling and invoicing requirements are provided for each contract separately, and the Procurement Administrator is unaware if there are exceptions made to accommodate an aggregate schedule or invoice across supplier contracts with a given utility.

08-09-2017

FAQ-BE-70
Q: What should we put as the Date of Issuance for the Pre-Bid Letter of Credit?

The Date of Issuance of the Pre-Bid Letter of Credit should be the date on which the bank actually issues your Pre-Bid Letter of Credit.

08-10-2017

FAQ-BE-71
Q: Can I propose modifications to the Standard Pre-Bid Letters of Credit after the Part 1 Date?

No. The deadline to provide comments being solicited by the Procurement Administrator on the Standard Pre-Bid Letters of Credit is the Part 1 Date.

The Pre-Bid Letter of Credit submitted for a Company in response to the BEC RFP must be in the form of the Standard Pre-Bid Letter of Credit for that Company or incorporate only modifications approved by the Company as posted to the procurement website. Please check whether the modifications you seek are in the list of modifications posted in the document with the title that begins “Acceptable Modifications” and that is posted directly underneath the Standard Pre-Bid Letter of Credit for each Company.

08-10-2017

FAQ-BE-72
Q: Is Bidder Training mandatory?

Bidder Training is not mandatory. However, Bidder Training is a good way for Bidders to practice all aspects of the bid submission procedure to be used on the Bid Date as well as to ask the Procurement Administrator questions regarding the completion and encryption of the Bid Forms.

08-11-2017

FAQ-BE-73
Q: Are we required to submit the Part 2 Form if all certifications required by the Part 2 Proposal for the Officer of the Bidder were submitted for early processing with the Part 1 Proposal?

A Bidder is required to log in to the online Part 2 Form and submit a Part 2 Proposal by the Part 2 Date, even when the certifications of the Officer of the Bidder were submitted for early processing with the Part 1 Proposal.  The Part 2 Proposal has a number of additional requirements and compliance with such requirements can only be provided through completion of the online Part 2 Form.

08-11-2017

FAQ-BE-74
Q: Are there penalties under the (AIC) Capacity Agreement if a Seller fails to deliver ZRCs, but the shortfall is procured in the MISO PRA? For example, say a Bidder wins 50 ZRCs and delivers to AIC 45 ZRCs. Would the 5 ZRC shortfall thus be procured in the MISO PRA? If the MISO PRA clears below the Seller’s contract price, would the Seller owe AIC any additional penalties and charges other than lost performance assurance?

AIC does not expect to purchase replacement ZRCs from another party for submission to MISO prior to the FRAP submission deadline. To meet its requirements, AIC will acquire any additional ZRCs from the MISO PRA. As such, it could be that there are no penalties or charges related to number of ZRCs that the Seller fails to deliver besides any payment due to AIC from the Seller based on the positive difference between the contract price and the compliance zone ACP as specified under the (AIC) Capacity Agreement. However, should there be any penalties or charges related to your failure to deliver the ZRCs, these penalties or charges will be the responsibility of Seller.

08-14-2017

FAQ-BE-75
Q: Which version of Microsoft Excel was used to create the Bid Forms? We want to ensure that we do not have issues with our bid submission on the Bid Date.

Microsoft Excel 2010 was used to create the Bid Forms. You may wish to practice the submission of your Bid Forms during Bidder Training on August 17, 2017. Bidder Training is a good way for Bidders to practice all aspects of the bid submission procedure to be used on the Bid Date as well as to ask the Procurement Administrator questions regarding the completion and encryption of the Bid Forms.

08-16-2017

FAQ-BE-76
Q: What are the Supplier Fees for the Fall 2017 Block Energy and Capacity RFP?

The Supplier Fees are as follows:

$ 164 per off-peak block

$ 246 per on-peak block

$ 60 per ZRC

08-16-2017

FAQ-BE-77
Q: If we win in the upcoming RFP and have an existing Master Agreement in place with ComEd, can we assign trades from the existing Master Agreement to the newly executed Master Agreement?

No. If you are a winning bidder in the procurement event related to block energy for the ComEd portfolio, you will be required to sign the (ComEd) Master Agreement issued for this procurement event.

08-17-2017

FAQ-BE-78
Q: If we win in the upcoming RFP and have an existing Master Agreement in place with ComEd, will ComEd consider a master netting agreement across the new Master Agreement and the Master Agreement already in place?

As indicated in the Section 10.10 of the (ComEd) Master Agreement, as modified in the Coversheet, the Agreement constitutes a “master netting agreement” within the meaning of the Bankruptcy Code.

08-17-2017

FAQ-BE-79
Q: Should we expect a single margin process for netting exposure across all (ComEd) Master Agreements if we have multiple agreements in place with ComEd?

It is the Procurement Administrator’s understanding that each of the (ComEd) Master Agreements will be administered separately such that margining under each contract will be separate. However, there will be a single shared unsecured credit line across the agreements provided by ComEd to the credit support provider.

08-17-2017

FAQ-BE-80
Q: Can we propose modifications to the Standard Post-Bid Letters of Credit?

The Companies are not accepting modifications to the Standard Post-Bid Letters of Credit. Each utility has two options for the Standard Post-Bid Letter of Credit that you may use. Alternatively, you may provide cash as Performance Assurance under the agreements. Any cash held by the Companies will be held at a 0% interest rate and all fees associated with the use of cash as Performance Assurance are to be borne by the Supplier.

08-18-2017

FAQ-BE-81
Q: What is the process for executing the (ComEd) Master Agreement?

First, please note that the contract execution formalities will occur only after the ICC approves the ComEd procurement event results.

The Contract and Confirmation execution process and timeline is described in Section 2.3 of the (ComEd) Master Agreement as modified in the Coversheet. ComEd will prepare all of the necessary contract documents for the Bidder’s execution per the timeline specified.

It is expected that ComEd will provide, for each Month and Segment, the weighted average winning bid price and quantity information in a single confirmation. A sample Confirmation is available on the procurement website.

08-22-2017

FAQ-BE-82
Q: We are an existing supplier and have a question regarding a contract we have in place with a Company. Can you provide contact information for that Company?

Please contact the Procurement Administrator via email at Illinois-RFP@nera.com. In your email, please specify which Company you seek contact information for and we will provide you information for the relevant individual.

08-23-2017

FAQ-BE-83
Q: The Officer of the Bidder that we plan to have sign the contracts is travelling during the planned contract execution period. We have two questions: 1. Is it possible to receive the contracts from the Companies prior to the Illinois Commerce Commission (“ICC”) decision on the results of the procurement events? 2. If not, can we provide scanned copies of the signature pages of the contracts to the Companies?

  1. No, it is not possible to receive the contracts from the Companies prior to the ICC decision on the results of the procurement events.
  2. The Companies do not require signatures in hard copy and will accept scanned documents. It is expected that, if a Bidder has Bids for a procurement event that are approved by the ICC, the Officer of the Bidder named in the Part 1 Proposal would sign the applicable supplier contract. Should the Officer of the Bidder not be available to sign for this purpose, the Bidder will advise the applicable Company of this fact. The Bidder will name another individual to sign and the Bidder will confirm that this individual is empowered to undertake contracts and bind the Bidder.
08-24-2017

FAQ-BE-84
Q: Can you please provide me with instructions for posting Performance Assurance under the (AIC) Capacity Agreement?

First, please note that the contract execution formalities, including the posting of Performance Assurance, will occur only after the ICC approves the AIC Capacity procurement event results.

AIC will prepare all of the necessary contract documents for the Bidder’s execution once the ICC approves the results. The Bidder then has three (3) business days to execute and meet the creditworthiness requirements of the (AIC) Capacity Agreement once it has been notified that the ICC approved the Bidder’s winning bids. The requirements for posting, transferring, holding and using Performance Assurance are set forth in Attachment A of the (AIC) Capacity Agreement.

Additionally, you may ask the individual from AIC who provides you with the contract documents questions at the time of contract execution.

08-29-2017