FAQs

Questions submitted through this site are generally answered by the Procurement Administrator within two business days. A response will be sent directly to the questioner. If a question is not within the scope of the Procurement Administrator’s role or expertise, the Procurement Administrator may, instead of providing an answer, refer the questioner to an alternative source of information. All questions and answers are posted to this site, unless the question and answer repeat information already provided on the FAQ page or generally do not provide additional information that may be relevant to prospective suppliers.

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Click here to view Block Energy and Capacity FAQs.
Click here to view Utility-Scale Wind FAQs.
Click here to view Brownfield and Utility-Scale Solar FAQs.
Click here to view General FAQs.

FAQs with information that is no longer relevant are posted to the FAQ Archives page.


Block Energy and Capacity FAQs
Click on the question to see the answer:

FAQ-BEC-1
Q: With reference to the (AIC) Capacity Agreement, please confirm that there are no payment adjustments for ZRCs that are from the compliance zone, which is LRZ 4.

Yes, this is correct. Only ZRCs from outside the compliance zone are subject to payment adjustments under the term of the (AIC) Capacity Agreement.

08-07-2018

FAQ-BEC-2
Q: I understand that there could be a payment adjustment under the (AIC) Capacity Agreement if the ZRCs are not from the compliance zone. Can you provide an example where the adjustment will add to the payment to Seller?

Under the terms of the (AIC) Capacity Agreement, payments to Seller will only be adjusted to reflect an increased payment if the Source Zone ACP is greater than the Compliance Zone ACP where the Compliance Zone is LRZ4. For purposes of the below example, the “ACP” refers to the Auction Clearing Price from the 2019/2020 MISO Planning Resource Auction and the Compliance Zone is LRZ4. See below for a hypothetical example.

No. of ZRCs won by Seller: 25 ZRCs from Zone 3

Average Winning Bid Price under the (AIC) Capacity Agreement: $50/MW-day

Payment to Seller = $50 x 25 ZRCs x 365 = $456,250

MISO 2019/2020 PRA Results:

LRZ 4 ACP = $30/MW-day

LRZ 3 ACP = $100/MW-day

Adjustment to Payment = ($100 – $30) x 25 ZRCs x 365 = $638,750

Adjusted Payment = $456,250 + $638,750 = $1,095,000

08-07-2018

FAQ-BEC-3
Q: I understand that there could be a payment adjustment under the (AIC) Capacity Agreement if the ZRCs are not from the compliance zone. Can you provide an example where the adjustment will result in a reduced payment to Seller?

Under the terms of the (AIC) Capacity Agreement, payments to Seller will be reduced if the Compliance Zone ACP is greater than the Source Zone ACP where the Compliance Zone is LRZ4. If the amount of the payment reduction is greater than the unadjusted payment, then Seller (not Buyer) will have to pay Buyer under the (AIC) Capacity Agreement.  We provide 2 examples below to illustrate this point.

For purposes of the below example, the “ACP” refers to the Auction Clearing Price from the 2019/2020 MISO Planning Resource Auction and the Compliance Zone is LRZ4.

Example 1:  Where the adjustment results in a reduced payment from Buyer to Seller.

No. of ZRCs won by Seller: 25 ZRCs from Zone 3

Average Winning Bid Price under the (AIC) Capacity Agreement: $90/MW-day

Payment to Seller = $90 x 25 ZRCs x 365 days = $821,250

MISO 2019/2020 PRA Results:

LRZ 4 ACP = $100/MW-day

LRZ 3 ACP = $30/MW-day

Adjustment to Payment = – ($100 – $30) x 25 ZRCs x 365 days = – $638,750

Adjusted Payment = $821,250 – $638,750 = $182,500

Example 2:  Where the adjustment results in payment from Seller to Buyer.

No. of ZRCs won by Seller: 25 ZRCs from Zone 3

Average Winning Bid Price under the (AIC) Capacity Agreement: $50/MW-day

Payment to Seller = $50 x 25 ZRCs x 365 days = $456,250

MISO 2019/2020 PRA Results:

LRZ 4 ACP = $100/MW-day

LRZ 3 ACP = $30/MW-day

Adjustment to Payment = – ($100 – $30) x 25 ZRCs x 365 days = – $638,750

Adjusted Payment = $456,250 – $638,750 = – $182,500 (i.e., payment from Seller to Buyer)

08-07-2018

FAQ-BEC-5
Q: When will acceptable modifications to the Pre-Bid Letters of Credit for the Fall 2018 Block Energy and Capacity RFP be posted to the procurement website?

Documents containing acceptable modifications to the Pre-Bid Letters of Credit were posted to the Final Materials page of the Fall Block and Energy and Capacity section of the procurement website on August 8, 2018.

08-08-2018

FAQ-BEC-6
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 the Procurement Administrator requesting the banking information. In your email, please specify the procurement event for which you would like to receive the banking information.

08-09-2018

FAQ-BEC-7
Q: Where can I find a schedule of events relating to the Fall 2018 Block Energy and Capacity RFP?

Please visit the calendar available here for a schedule of events relating to the Fall 2018 Block Energy and Capacity RFP.

08-13-2018

FAQ-BEC-8
Q: When was the requirement listed in the Second Item of Section 1 of the Part 1 Proposal, Participation in MISO or PJM Markets, introduced to Bidders?

RFP documents that included the requirement listed in the Second Item of Section 1 of the Part 1 Proposal, Participation in MISO or PJM Markets, were posted to the Final Materials page of the Fall Block Energy and Capacity section of the RFP website and made available to Bidders on June 20, 2018. The requirement was also provided to Bidders in the webcast held by the Procurement Administrator on August 7, 2018.

Please see Section IV.1.2 of the RFP Rules for details regarding the requirement listed in the Second Item of Section 1 of the Part 1 Proposal.

08-14-2018

FAQ-BEC-9
Q: Is it possible to meet the requirement listed in the Second Item of Section 1 of the Part 1 Proposal, Participation in MISO or PJM Markets, during the Part 2 Window or must we meet the requirement by the Part 1 Date?

You must meet all requirements of the Part 1 Proposal, including any listed in the Second Item of Section 1 of the Part 1 Proposal, Participation in MISO or PJM Markets, by the Part 1 Date. Please note that Bidders who are currently a Seller to a Company under an applicable supplier contract or have been a Seller to a Company under an applicable supplier contract pursuant to a 2016, 2017, or 2018 procurement event under the BEC RFP or under the Standard Products RFP are exempt from the requirement listed in the Second Item of Section 1 of the Part 1 Proposal.

08-14-2018

FAQ-BEC-10
Q: Do we need a new Pre-Bid Letter of Credit if we participated in the auction earlier this year?

Yes, a new Pre-Bid Letter of Credit will be required given the pre-bid letter of credit for purposes of your participation in the Spring 2018 BEC RFP would have expired or returned to you.

08-14-2018

FAQ-BEC-11
Q: We currently have a Post-Bid Letter of Credit with a Company for blocks won in the Spring 2018 BEC RFP. Do we need a new Post-Bid Letter of Credit for that Company if we are awarded additional blocks pursuant to the Fall 2018 BEC RFP?

The standard form of the Post-Bid Letter of Credit for a Company has not changed between the Spring 2018 and Fall 2018 BEC RFP.  If you have a Post-Bid Letter of Credit with a Company pursuant to an award in the Spring 2018 BEC RFP and you win additional blocks for that same Company in this upcoming RFP, you may use the same Post-Bid Letter of Credit to meet the credit requirements under both the supplier contract from the Spring 2018 BEC RFP and the Fall 2018 BEC RFP, but you may be required to increase the amount of your Post-Bid Letter of Credit to meet the credit requirements.

08-15-2018

FAQ-BEC-12
Q: Where in the RFP Rules can I find information necessary to provide the Pre-Bid Letter of Credit to each Company for the Fall 2018 procurement events?

Information necessary to provide the Pre-Bid Letter of Credit to the applicable Company can be found in Paragraph V.2.3 (AIC Energy Products/Combinations), Paragraph V.3.3 (ComEd Products/Combinations), and Paragraph V.5.2 (the AIC Capacity Product).

08-15-2018

FAQ-BEC-13
Q: Am I required to submit a Bid Participation Fee for the Fall 2018 Block Energy and Capacity RFP if I paid a Bid Participation Fee during the Spring 2018 Block Energy and Capacity 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 IPA procurement event in 2018.

08-15-2018

FAQ-BEC-14
Q: Are redlines available between the final supplier contracts from the Fall 2017 and Fall 2018 procurement events?

Redlines between the final supplier contracts from the Fall 2017 and Fall 2018 procurement events are not available. On June 20, 2018, the Procurement Administrator posted redlines between the final supplier contracts between the Spring 2018 and Fall 2018 procurement events. These documents are available on the Final Materials page of the Fall Block Energy and Capacity section of the RFP website. On February 20, 2018, the Procurement Administrator posted redlines between the draft supplier contracts for the Spring 2018 procurement events and the final supplier contracts from the Fall 2017 procurement events. On March 13, 2018, the Procurement Administrator posted redlines between the draft supplier contracts and the final supplier contracts for the Spring 2018 procurement events for those documents for which minimal changes were made. The documents posted on February 20, 2018 and the documents posted on March 13, 2018 are available on the Previous 2018 Block Energy and Capacity RFPs page of the RFP website. There have been minimal changes between the draft supplier contracts for the Spring 2018 procurement events and the final supplier contracts for the Fall 2018 procurement events.

08-16-2018

FAQ-BEC-15
Q: We are unable to attend bidder training on Thursday, August 30, 2018. Is it possible to schedule an alternative time?

Please email the Procurement Administrator at Illinois-RFP@nera.com if you are unable to attend bidder training and would like to set up an alternative time. In your email, please specify three (3) alternative 20-minute time slots that work for your schedule to participate in bidder training.

08-21-2018

FAQ-BEC-16
Q: Can cash be posted as Pre-Bid Security instead of a Pre-Bid Letter of Credit?

No, cash cannot be used in place of a Pre-Bid Letter of Credit. With the Part 2 Proposal, a Bidder must submit an executed Pre-Bid Letter of Credit for the procurement event(s) in which the Bidder is participating.  Bidders 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 a Company and posted to the procurement website.

08-22-2018

FAQ-BEC-17
Q: Is it possible to get a review of the Pre-Bid Letter of Credit prior to issuance by the bank? We have included modifications that were acceptable in a previous procurement event and we want to make sure these remain acceptable.

There is no process for review of draft Pre-Bid Letters of Credit prior to issuance.  A Pre-Bid Letter of Credit submitted for a procurement event must be in the form of the Standard Pre-Bid Letter of Credit for a procurement event or incorporate only modifications approved by a Company and posted to the procurement website. Please check whether the modifications made by your bank are included in the list of modifications posted to the Final Materials page of the Fall Block Energy and Capacity section of the procurement website.

08-22-2018

FAQ-BEC-4
Q: If we have an existing fully executed supplier contract with a Company, are we required to execute a new supplier contract if we have winning Bids approved by the Commission in the upcoming procurement events?

If you are a winning bidder in this Fall 2018 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.

08-08-2018

FAQ-BEC-18
Q: Suppose we win in the upcoming AIC Capacity procurement event. Can you confirm that the due date for supplier contracts to be fully executed is Monday, September 17, 2018 as stated in the calendar posted to the RFP website?

Yes. The due date for supplier contracts to be fully executed by winners in the upcoming AIC Capacity procurement event is Monday, September 17, 2018.

09-05-2018

FAQ-BEC-19
Q: By what time of day must winning suppliers fully execute their contracts on the applicable due date?

As stated in Paragraph VI.2.17 of the RFP Rules, winning Bidders execute the signature pages of the partially executed supplier contract and related documents and send such fully executed signature pages to the applicable Company electronically by 4PM CPT (5 PM EPT) on the second business day after the ICC decision.

09-05-2018

FAQ-BEC-20
Q: Where can I find redlines between the final supplier contracts between the Spring 2018 and Fall 2018 procurement events?

On June 20, 2018, the Procurement Administrator posted redlines between the final supplier contracts between the Spring 2018 and Fall 2018 procurement events. Redlines reflect differences between the final document posted on March 13, 2018 for the Spring 2018 BEC RFP and the final document posted on June 20, 2018 for the Fall 2018 BEC RFP. These documents are available on the Final Materials page of the Fall Block Energy and Capacity section of the RFP website.

09-06-2018

FAQ-BEC-21
Q: What will be the execution date for the Fall 2018 block energy agreements?

The execution date will be the date of the ICC decision on the block energy procurement events (September 14, 2018).

09-13-2018

FAQ-BEC-22
Q: We are participating in the procurement events for Energy Products. The calendar indicates that Pre-Bid Letters of Credit for the procurement events for Energy Products are due after the Part 2 Date. Will our Part 2 Proposal be deficient if we do not submit the Pre-Bid Letters of Credit on the Part 2 Date?

A Bidder must submit its online Part 2 Form, regardless of the procurement event, by 12 PM (noon) on the Part 2 Date. This is prior to the due date for the Pre-Bid Letters of Credit for the procurement events for Energy Products, which are due on Wednesday, September 5, 2018. Even though the Pre-Bid Letters of Credit are not due until later, your Part 2 Proposal will be deficient if your Part 2 Proposal is received on the Part 2 Date but your Pre-Bid Letters of Credit are not submitted at that time.

10-08-2018

FAQ-BEC-23
Q: When is the next opportunity to propose modifications to the Pre-Bid Letters of Credit?

The RFP Rules will state whether a Bidder may, in its Part 1 Proposal, provide comments on or propose modifications to the Pre-Bid Letters of Credit or may provide comments on the changes that have been made to a Standard Pre-Bid Letter of Credit relative to the previously used Standard Pre-Bid Letter of Credit. Please inquire or review the RFP Rules at the beginning of the next procurement event.

10-08-2018


Utility-Scale Wind FAQs
Click on the question to see the answer:

FAQ-WND-1
Q: The workshop presentation states that utility-scale projects must be energized no later than three years after Commission decision. Which Commission decision is meant in this context? Is there a separate deadline for first REC delivery?

For a utility-scale wind project to be considered “new”, as specified in the Act, it must be energized no later than three years after the Commission decision on the results of the procurement event for which the project is approved.  Thus this is not a fixed date but a date that will vary depending on the date of a specific procurement event.

Separately from this requirement, the IPA is currently seeking stakeholder input on the deadline for first REC delivery. The IPA’s Long-Term Renewable Resources Procurement Plan targets the 2020-2021 Delivery Year for first REC deliveries under the Forward Procurements, but does not indicate a specific date.  Feedback regarding the deadline for first REC delivery is requested under Topic 1 in the IPA’s Request for Comments.

06-22-2018

FAQ-WND-2
Q: Do stakeholders have an opportunity to comment on the delivery obligations for projects selected under the upcoming forward procurements?

The Procurement Administrator will issue an invitation to submit comments on the draft REC Contract, expected on July 13, 2018.  The draft REC Contract will specify the delivery obligations and stakeholders may comment on any of these specific provisions.  If necessary, there will be an additional invitation to comment on the draft REC Contract as it applies to utility-scale solar project and brownfield site photovoltaic projects later in the fall.

06-22-2018

FAQ-WND-3
Q: How is “new” wind project and “new” photovoltaic project defined?

Under Public Act 099-0906 (“Act”), a utility-scale solar project meets the definition of “new photovoltaic projects” if it is energized after June 1, 2017.  This definition does not specify a “no later than” date. The Act defines “new wind projects” as wind renewable energy facilities that are energized after June 1, 2017 for the delivery year commencing June 1, 2017 or within 3 years after the date the Commission approves contracts for subsequent delivery years. The IPA provides its interpretation of these definitions in Section 2.4.2. of its draft Long-Term Renewable Resources Procurement Plan available here.

06-22-2018

FAQ-WND-4
Q: Am I correct to infer from the workshop presentation that the structure of the upcoming Forward Procurements follows the structure used for the Initial Forward Procurements?

We are unable to tell exactly to which slide your question refers but we assume that you are referring to the structure of the proposal submission process (slide 20).  This submission process is generally the same across all procurement events held by the IPA.  There has been no change to this structure since the Initial Forward Procurements.

Proposal requirements, however, may change.  In particular, the IPA is seeking input on the level of pre-bid collateral and on an appropriate milestone to use to assess project maturity.  Feedback regarding the level of pre-bid collateral is requested under Topic 2 in the IPA’s Request for Comments and feedback regarding an appropriate assessment of project maturity is requested under Topic 4.

06-22-2018

FAQ-WND-5
Q: Can stakeholders comment on credit and collateral provisions, including the level of pre-bid collateral?

Feedback regarding credit and collateral provisions, including the level of pre-bid collateral, is requested under Topic 2 in the IPA’s Request for Comments.

06-22-2018

FAQ-WND-6
Q: Would a Wind Project that is energized in June 2018 be eligible to participate in the Utility-Scale Wind RFP?

It is expected that a Project that is energized in June 2018 would be eligible to participate in the Utility-Scale Wind RFP.

The final RFP Documents, including the RFP Rules, will be issued on Thursday, August 23, 2018.

07-13-2018

FAQ-WND-7
Q: To qualify for the Utility-Scale Wind RFP, is the Project required to be physically located in Illinois? Is the Project required to interconnect with one of the Companies (ComEd, AIC or MEC)? Is the Project required to interconnect with a specific RTO?

Projects located in Illinois will be eligible as will Projects located in a state that is adjacent to Illinois as long as the facility meets the public interest criteria specified in Section 1-75(c)(1)(I) of the IPA Act. Adjacent states include Wisconsin, Iowa, Missouri, Kentucky, Indiana, and Michigan. In its Long-Term Renewable Resources Procurement Plan the IPA proposed a methodology and point system for determining whether a project satisfies those public interest criteria and the proposal was approved by the Commission on April 3, 2018.   A Project located in an adjacent state must receive a score of at least 60 points. In order to apply to the Agency for consideration for eligibility, please download and complete the eligibility request spreadsheet posted on the IPA’s website.

There is no requirement to interconnect with one of the Companies (ComEd, AIC or MEC) and there is no requirement to interconnect with a specific RTO. It is expected that in its Proposal, a Bidder will be required to describe the stage of development of the Project including naming the utility or Regional Transmission Organization (e.g., PJM or MISO) to which the Seller has applied or will apply for interconnection. The Procurement Administrator posted preliminary proposal requirements and the draft REC Contract to the dedicated Utility-Scale Wind Procurement page. The final RFP Documents will be posted on August 23, 2018, and will outline the final proposal requirements.

If you have not done so already, please join our mailing list to receive updates and information by completing the automated form on the Register page. An announcement will be sent to the mailing list when the RFP Documents have been issued.

07-18-2018

FAQ-WND-8
Q: When is the Bid Assurance Collateral due for the Utility-Scale Wind RFP?

Bid Assurance Collateral is submitted with the Part 2 Proposal, which is due on the Part 2 Date. The Part 2 Date for the upcoming Utility-Scale Wind RFP is September 26, 2018.

07-24-2018

FAQ-WND-9
Q: In addition to the Bid Assurance Collateral, are there other fees or payments required to participate in the Utility-Scale Wind RFP?

Yes. Each participant is required to pay a non-refundable Bid Participation Fee of $500 as a condition of completing the Part 1 Proposal to the extent that such participant has not already paid a Bid Participation Fee pursuant to its participation in a 2018 procurement event.  A participant that presents several projects is only required to pay a single Bid Participation Fee. The Bid Participation Fee will be used to cover part of the costs of the 2018 procurement events.

The Supplier Fees, which are levied only on those that have bids approved by the Commission, are also used to cover part of the costs of the procurement events. An estimate of the Supplier Fees, which will be in $/REC and which will be applied to the annual quantity of RECs for a winning Project, will be provided during the webcast planned for August 24, 2018.

Additionally, there is a Collateral Requirement under the REC Contract. The Collateral Requirement is posted only if a Project has a winning Bid that is approved by the Commission. The Collateral Requirement is posted upon contract execution.

07-24-2018

FAQ-WND-10
Q: Have the bid assurance collateral amounts been set?

The bid assurance collateral amounts have been set. Each Bidder in the Utility-Scale Wind RFP will be required to provide bid assurance collateral in the form of cash or a letter of credit separately to each of the three Companies (Ameren Illinois Company (“AIC”), Commonwealth Edison Company (“ComEd”), and MidAmerican Energy Company (“MEC”)) for all the Projects for which the Bidder is presenting a Proposal. The required amounts are as follows:

  • $1,600/MW for AIC up to a ceiling of $2,150,000
  • $4,000/MW for ComEd up to a ceiling of $5,500,000
  • $400/MW for MEC up to a ceiling of $350,000.

Additional information on bid assurance collateral requirements will be provided with the final RFP Documents, which will be issued on Thursday, August 23, 2018.

If you have not done so already, please join our mailing list to receive updates and information by completing the automated form on the Register page. An announcement will be sent to the mailing list when the RFP Documents have been issued.

07-27-2018

FAQ-WND-11
Q: When is the Bid Participation Fee due? When are the Supplier Fees due?

The Bid Participation Fee of $500 is submitted with the Part 1 Proposal and is due by the Part 1 Date, September 5, 2018.

The Procurement Administrator will inform Bidders of the amount of the Supplier Fee per REC no later than 6 PM two (2) business days before the Bid Date. Payment of the Supplier Fees to the IPA will be due within seven (7) business days after the date at which the Illinois Commerce Commission (“ICC”) approves the Bids. The ICC decision on the results of the procurement event will take place on Wednesday, October 10, 2018.

Posted 7/27/2018; amended 8/29/2018

08-29-2018

The Draft Wind REC Contract is posted to the Draft Documents subpage to the dedicated Utility-Scale Wind section of the procurement website:

https://www.ipa-energyrfp.com/utility-scale-wind/draft-documents/

08-09-2018

FAQ-WND-13
Q: For purposes of Performance Assurance, is the Collateral Requirement due upon contract execution?

Under the REC Contract, the Performance Assurance in the form of a letter of credit or cash is due shortly after the execution of the REC Contract. In the event Seller fails to provide Performance Assurance within 5 business days, an event of default is deemed to have occurred.

08-27-2018

FAQ-WND-14
Q: What Is the Collateral Requirement under the contract and is that the same as the bid assurance collateral?

No, the Collateral Requirement under each REC Contract is separate from the bid assurance collateral. The Collateral Requirement due under a REC Contract is calculated as $4 x Annual Quantity of such REC contract (rounded up to the nearest $10,000). This is subject to a minimum of $25,000 for the first 10 Delivery Years. After the first 10 Delivery Years during the Delivery Term, if the Collateral Requirement is equal to or less than $25,000, then the Collateral Requirement shall be deemed to be zero.

08-27-2018

FAQ-WND-15
Q: Will the Collateral Requirement increase from $4 per REC of the Annual Quantity after the date of first REC Delivery?

No. The amount will remain constant throughout the term of the contract.

08-27-2018

FAQ-WND-16
Q: When is the bid assurance collateral requirement due and is it on a per REC basis?

The bid assurance collateral is due by the Part 2 Date. The bid assurance collateral is not on a per REC basis, but on a per MW basis calculated based on the aggregate size of all of your Projects combined. Once the aggregate size of all of your Projects is determined, then the bid assurance collateral amount is $1600/MW for AIC, $4000/MW for ComEd, and $400/MW for MEC. The bid assurance collateral in the form of cash or a Pre-Bid Letter of Credit must be sent separately to each of the Companies; namely, AIC, ComEd and MEC.

08-27-2018

FAQ-WND-17
Q: Do RECs produced during testing count, as long as they occur during the 2 months prior to delivery term start?

We are unsure as to the meaning of your question.  Assuming that the Project is established after the ICC approval of the bid results, then the Delivery Term starts on the date of first REC issuance as recorded by the tracking system (GATS or M-RETS).  In this case, there would be no RECs issued prior to the Delivery Term. If the Project is currently operating and is producing RECs, then the Delivery Term starts on the Commission Bid Approval Date and any RECs based on generation that occurred 2 months prior to the Delivery Term start date would be eligible for transfer to the Buyers.

08-27-2018

FAQ-WND-18
Q: By way of example, suppose that our Project is a 200 MW utility-scale wind project and that we bid an annual quantity of 550,000 RECs. Does the collateral requirement for the contract period of $4 times the annual quantity apply to each Company separately or to all three Companies together?

Suppose a 200 MW wind Project is selected by the evaluation for an annual quantity of 550,000 RECs and approved by the Commission.  The annual quantity will then be allocated by the Procurement Administrator to each of the three (3) Companies.  Suppose that the quantities to each Company were 300,000 for ComEd, 200,000 to AIC, and 50,000 to MEC.  Then the collateral requirement for each of the three Companies would be $1.2M, $800,000, and $200,000 respectively.  Thus, the collateral requirement across the contracts for all three Companies together would be $2.2M ($1.2M + $800,000 + $200,000 = $4 x 550,000 RECs).

08-31-2018

No, the exact legal name of the Seller does not need to be displayed on the evidence uploaded to the online Part 1 Form to show that the Bid Participation Fee has been paid.  However, to complete the requirements of the Part 1 Proposal, the Procurement Administrator must be able to get confirmation from the Illinois Power Agency (“IPA”) that the IPA has received payment of the Bid Participation Fee.

08-31-2018

FAQ-WND-20
Q: Will the information we submit as part of our Proposal be treated as confidential?

For a procurement event held by a Procurement Administrator on behalf of the Illinois Power Agency, the Commission makes public only the names of the successful bidders and the average of the winning bid prices.  As required by Section 16-111.5(h) of the Public Utilities Act, “all participants in the procurement process shall maintain the confidentiality of all other supplier and bidding information.” Participants include the Procurement Administrator, the Procurement Monitor, the Commission, and the Illinois Power Agency. As further provided for in that section, any such confidential information “shall not be made publicly available and shall not be discoverable by any party in any proceeding, absent a compelling demonstration of need.”

Additionally, for any confidential information shared with the Illinois Power Agency, the Illinois Power Agency is subject to a separate, standalone requirement found in Section 1-120 of the IPA Act (20 ILCS 3855); this Section requires that the Agency “shall provide adequate protection for confidential and proprietary information furnished,  delivered, or filed by any person, corporation, or other entity.” This requirement to provide protection for third-party confidential information submitted to the Agency includes, but is not limited to, situations in which that information is provided to the Agency as part of a competitive procurement process.

08-31-2018

FAQ-WND-21
Q: Can you clarify the timing for the execution of the REC Contract and posting of Performance Assurance?

If a Seller has a Project with approved Bids, by 12 PM CPT (noon) on the first business day after the ICC decision (October 10, 2018), each Company prepares and sends a partially executed electronic copy of the REC Contract and related documents to the Seller. By 12 PM CPT (1 PM Eastern Prevailing Time) on the next business day, the Seller executes the signature pages of the partially executed REC Contracts and related documents and sends such fully executed signature pages to the Company electronically.

Under the REC Contract, the Performance Assurance is due within five (5) business days of a request from the Company.  Such a request can be issued at the start of the formalities for the execution of the REC Contract.  If Seller fails to provide Performance Assurance within 5 business days of this request, an event of default shall be deemed to have occurred.

08-31-2018

FAQ-WND-22
Q: Is there an opportunity to change the Date of First Operation provided in the Part 1 Proposal?

A Bidder is asked for the actual or expected Date of First Operation as a requirement of the Part 1 Proposal. There is no opportunity to change that date at a later time. However, the REC Contract does not require the Seller to commit to a specific date for the start of commercial operations as long as the Date of First Operation (as recorded by PJM EIS GATS or M-RETS) did not occur on or before June 1, 2017 and as long as the Date of First Operation occurs on or before October 10, 2021. The REC Contract defines Force Majeure events that can excuse delay.

08-31-2018

FAQ-WND-23
Q: If in the Part 1 Proposal we provide October 10, 2021 as the expected Date of First Operation, do we incur any penalties under the terms of the REC Contract if the Project starts to operate earlier?

No, under the REC Contract there is no penalty for a Date of First Operation being before October 10, 2021 (provided that this date is not on or before June 1, 2017).

08-31-2018

FAQ-WND-24
Q: If, in the Part 1 Proposal, we provide the Date of First Operation of 12/31/2020, is there a penalty under the REC Contract if the Project comes on line after 12/31/2020 but before the required 10/10/2021?

No. the REC Contract does not require the Seller to commit to a specific date for the start of commercial operations as long as the Date of First Operation (as recorded by PJM EIS GATS or M-RETS) did not occur on or before June 1, 2017 and as long as the Date of First Operation occurs on or before October 10, 2021. The REC Contract defines Force Majeure events that can excuse delay.

08-31-2018

FAQ-WND-25
Q: Can you explain the requirement of the REC Contract that RECs be delivered from a Project within 50% of the land area identified in the original site map provided in the Part 1 Proposal?

Section 5(e) of the Coversheet of the REC Contract requires that “at least 50% of the Project is located within the physical location identified.” This means that at least 50% of the Project, or “subset” from your question, must be located within the physical location identified in the Proposal. With each REC delivery, the Seller will be required to represent this is the case.
This provision ensures that the site provided for the Project as part of the Proposal, and for which a description is provided in Table 1 of the REC Contract, is substantially similar to the site of the Project when such Project is fully developed. The Seller must certify that the RECs delivered come from the Project and that such Project is in majority at the site provided in the Proposal. Thus, the Seller cannot substitute another Project in a different location for the Project presented in its Proposal and the development of the Project at the Proposal stage must be sufficient to substantially describe the site.

08-31-2018

FAQ-WND-26
Q: Are assignments possible under the REC Contract?

The Seller named in the Part 1 Proposal must be the counterparty to all three (3) Companies for delivery of RECs from the Project.

Assignments are possible under the REC Contract. Generally, the Seller may not assign the REC Contract without the prior written consent of the Buyer, which shall not be unreasonably withheld. However, consent of the Buyer is not required for transfer or assignment to an Affiliate of the Seller if the Affiliate’s creditworthiness is equal to or higher than that of the Seller on the Effective Date. The full conditions under which an assignment can occur are provided in Section 9.2, as amended on the cover sheet (page 18 of the REC Contract as posted on August 22).

08-31-2018

FAQ-WND-27
Q: What is the best way to provide site control documentation if the file sizes are large?

Files that are uploaded to the online Part 1 Form, including zip files, are limited to a size of 30Mb. In addition to the three upload links provided under the Fourth Item in Section 2, there are four upload links in Section 6 “Justification of Omissions” that you may use to provide the documentation. Alternatively, you may submit the files to us by email at Illinois-RFP@nera.com. Please note that you may need to send multiple emails.

09-04-2018

FAQ-WND-28
Q: If we already paid the Bid Participation Fee pursuant to participation in a prior 2018 procurement event are we required to pay the fee again? Does it matter if we are submitting as a different Bidder?

The answer depends on if the Bidder has changed. Should you present one or more projects under the Utility-Scale Wind RFP and the Bidder is unchanged, you are not required to pay the Bid Participation Fee in this RFP. If the Bidder changed since the prior 2018 procurement event, however, you will be required to pay the Bid Participation Fee again in this RFP.

09-04-2018

FAQ-WND-29
Q: Where can we find more information on the requirement that a utility-scale wind Project not have its costs recovered through rates regulated by a state?

Please consult Section 4.2 of the IPA’s Long-Term Renewable Resources Plan for an interpretation of this section of the Act and for the manner in which the IPA intends to establish whether a facility’s cost is or is not recovered through rates regulated by a state.

Primarily, the IPA understands that this provision was generally intended to ensure that facilities owned by a vertically integrated utility, for which REC revenues may be incidental to building and financing the facility, would not be eligible. The rate recovery status of a facility in an adjacent state will ordinarily be reviewed by the IPA when the facility applies for eligibility for the utility Renewable Portfolio Standard and the IPA expects to ask for additional documentation at that time. The IPA is not aware of any renewable facilities in Illinois that have their costs recovered through regulated rates.

09-11-2018

FAQ-WND-30
Q: Can you please clarify whether the price paid for RECs from a Project under the REC Contract is a clearing price or whether it is the price included as part of the Bid for that project? What information is released upon approval of the results of the procurement event by the Commission?

A “Bid” includes a price per REC for a given Project as well as an annual quantity of RECs to be delivered from that Project under the REC Contract. If a Project is selected through the RFP and is approved by the Commission, the Seller under the REC Contract is paid the price submitted as part of the Bid for that Project.

At the time of ICC approval of a procurement event, the names of winning Sellers and the average of the winning bid prices are made public. The quantity of RECs procured may also be disclosed in specific circumstances.

09-11-2018

FAQ-WND-31
Q: Is the Part 1 Proposal the only opportunity for us to provide comments to the Pre-Bid and Post-Bid Letters of Credit? When will the final versions of these documents be posted?

A Bidder may provide comments on or propose modifications to the Post-Bid Letter of Credit as appended to the REC Contract or to each Pre-Bid Letter of Credit. These comments or proposed modifications are submitted with the Part 1 Proposal.

The final version of the Standard Pre-Bid Letter of Credit for each Company was posted on August 28, 2018 and the final versions of the Post-Bid Letters of Credit were posted on August 22, 2018. These letters of credit will not change based on comments or proposed modifications submitted during the Part 1 Window. Instead, any comments or proposed modifications may result in an addition to the list of modifications to the Pre-Bid Letter of Credit or list of modifications to the Post-Bid Letter of Credit approved by the Company for use by all Bidders on an optional basis.

09-11-2018

FAQ-WND-32
Q: I was wondering whether the Pre-Bid Letter of Credit expires 17 calendar days or business days after the Bid Date?

The Pre-Bid Letter of Credit under the Utility-Scale Wind RFP expires on October 29, 2018, seventeen business days after the Bid Date.

09-11-2018

FAQ-WND-33
Q: How does the Procurement Administrator determine the percentage of the RECs of each Project that will be allocated to ComEd, AIC, and MEC? Is the allocation available at this time?

The Procurement Administrator allocates Bids selected by the evaluation procedure to each Company in proportion to the Company’s budget. The Procurement Administrator may take other factors into account in determining the allocation across the Companies. The Procurement Administrator will announce the allocation as early as practicable and no later than two (2) business days prior to the Bid Date.

09-11-2018

FAQ-WND-34
Q: We are potentially selling a project for which we presented a Part 1 Proposal. Assuming negotiations are successful, I understand that we could effect a change in ownership after the Bid for the Project is selected, approved by the Commission, and the REC Contracts are fully executed. At that point, my understanding is that an assignment of the REC Contract is allowed provided that the acquirer’s creditworthiness is equal to or greater than the current owner of the Project (“Seller”). Can we effect the change of ownership at any time during the procurement event?

The provisions that control the assignment of the REC Contract are provided in Section 9.2.  We note that the requirement that the acquirer’s creditworthiness is equal to or greater than the original Seller is sufficient for an assignment to be granted only when the Seller and the acquirer are affiliated entities.  The fact that the acquirer’s creditworthiness is equal to or greater than the Seller is not sufficient for an assignment to be granted when the Seller and acquirer are unrelated entities.  Please review the applicable provision under the REC Contract to see whether this provision can be used to transfer ownership after a Bid is submitted by you for the Project, the Bid is selected and approved by the Commission, you sign the REC Contract and submit to the creditworthiness requirements.

A change of ownership during the short timeframes of the procurement event is not contemplated by the RFP Rules and can only be accommodated in very limited circumstances.  The Procurement Administrator will assess any specific circumstances on a case-by-case basis and any Seller in this situation should provide all relevant information to the Procurement Administrator at the earliest opportunity.  The qualifications of the Project must be maintained after the change of ownership for continued compliance with the RFP Rules, which implies at least the following: (i) site control must be transferred to the acquirer and documentation to that effect must be provided; and (ii) the same representatives of the same Seller must make all certifications required by the RFP Rules (in the Part 1 and the Part 2 Proposals), submit the Bid with respect to the Project, and sign the REC Contracts (assuming a successful Bid).  A change of ownership would be expected to result in a change in the identity of the Officer of the Seller.  Such a change cannot be made after the Part 2 Date as there is no further opportunity during the procurement event to submit the certifications required by the Proposal.

09-21-2018

FAQ-WND-35
Q: Is it acceptable for an entity other than the Bidder or a Seller to post bid assurance collateral on behalf of the Bidder? Are there additional requirements in that case?

It is acceptable for an entity other than the Bidder or a Seller to post bid assurance collateral on behalf of the Bidder.

If cash is posted by the “Entity” (an entity other than the Bidder or a Seller) as bid assurance collateral, we would appreciate a note with the wire transfer to identify the Bidder on behalf of which the bid assurance collateral is posted. The Bidder must provide a draft request for the return of cash, on the Entity’s letterhead.  The request is a “draft” in that it may leave all amounts blank and may be unsigned.  The Procurement Administrator may require that a representative from the Entity also sign the Cash Inserts if the Entity is not an affiliate of the Bidder or Sellers.

If a Pre-Bid Letter of Credit is posted by the Entity, the “Entity” is the Applicant.  The Bidder and Seller are identified in Paragraph 12 of the Pre-Bid Letter of Credit.

09-21-2018

FAQ-WND-36
Q: Can you please provide an example of how to calculate the Supplier Fee for the Utility-Scale Wind RFP? Is the calculation the same as it was in prior procurement events?

A Project selected through the Utility-Scale Wind RFP and approved by the Illinois Commerce Commission (“ICC”) will be assessed a Supplier Fee per REC that will be due within seven (7) business days after ICC approval of the Bids.  The Supplier Fee will be stated as $x.xx per REC and will be assessed on the Annual Quantity of RECs associated with a Bidder’s winning Bid.  (The “Annual Quantity of RECs” means that annual quantity that is identified by the Procurement Administrator as the Bidder’s winning Bids and that becomes the quantity under contract if the Commission approves the results of the procurement event.  In the case of a partial award, the quantity under contract may be smaller than the quantity that a Bidder submitted in its Bid.)

This calculation is a change from what was used in the procurement event under the Wind and Solar RFP held in Fall 2017 and the procurement events under the New Solar RFP.  In those procurement events, the assessment was based on the anticipated quantity of RECs procured over the entire 15 years of the REC Contract.

Under the Utility-Scale Wind RFP, the Supplier Fee is $0.18 per REC.  Suppose that the annual quantity identified by the Procurement Administrator as the Bidder’s winning Bids for the Project is 100,000 RECs.  Then the Supplier Fees due would be $18,000, which is calculated as follows:

Supplier Fee per REC = $0.18/REC
Annual Quantity from winning Bids = 100,000 RECs
Supplier Fees for Project = Supplier Fee per REC x Annual Quantity from winning Bids

= $0.18/REC x 100,000 RECs = $18,000

First posted 9/21/2018; revised 10/2/2018.

09-21-2018

FAQ-WND-37
Q: Can you clarify under what circumstances we can withdraw from the procurement event and get our bid assurance collateral returned?

All bid assurance collateral remains in place at least until the Commission has rendered a decision on the results of the procurement event.  There is no option to “withdraw” from the procurement event although you may elect not to cure deficiencies associated with your Proposal or not to submit a Bid.

If bid assurance collateral in the form of cash is submitted, the following applies.  If no Bid is submitted for the Project, as soon as practicable after the Commission decision, each Company will initiate the return of cash upon receipt of an acceptable fully executed request for the return of cash on the appropriate entity’s letterhead.  While there is no deadline for submission of the fully executed request for the return of cash, any delay in providing this request to a Company will result in delay for the return of the bid assurance collateral.  A request for the return of cash in the form of the draft request approved at the time of the Part 2 Proposal.

If bid assurance collateral was posted as a letter of credit, then the letter of credit is allowed to expire on the date stated as part of its terms, seventeen (17) days after the Bid Date.  The letter of credit is not returned to the Bidder unless the Bidder provides special instructions to that effect in the Part 2 Proposal.

09-21-2018

FAQ-WND-38
Q: Could you confirm that if a Bidder submits a Part 2 Proposal but does not submit a Bid for a Project, this is not a reason for drawing on cash submitted as bid assurance collateral so that the full amount of cash posted as bid assurance collateral would be returned? In other words, there is no adverse penalty to the Bidder in that case?

The circumstance of a Bidder not submitting a Bid is not a reason for drawing on bid assurance collateral or for bid assurance collateral posted as cash not to be returned.  There is no penalty for not submitting a bid.

09-21-2018

FAQ-WND-39
Q: Can you explain the circumstances that would lead to bid assurance collateral not being returned (i.e., being drawn upon)? If it is returned, when is it returned?

All bid assurance collateral remains in place at least until the Commission has rendered a decision on the results of the procurement event.

A Company may draw upon the letter of credit or a cash deposit if: (i) the Bidder or a Seller has disclosed information relating to the Proposal for a Project publicly or to any other party before the Illinois Commerce Commission has rendered its decision on the results of the procurement event; or (ii) the Bidder or a Seller has made a material omission or misrepresentation in the Part 1 Proposal or the Part 2 Proposal for a Project submitted in connection with the procurement event; or (iii) a Seller has failed to execute the applicable supplier contract for a Project within three (3) business days of being notified that the Illinois Commerce Commission has approved the Bid on that Project or has failed to meet the creditworthiness requirements of the applicable supplier contract within five (5) business days of such Illinois Commerce Commission decision; or (iv) the Bidder or a Seller has failed to pay to the Illinois Power Agency the Supplier Fee for a Project within seven (7) business days of being notified that the Illinois Commerce Commission has approved the Bid on that Project.

Otherwise, if these circumstances do not apply, bid assurance collateral in the form of cash is returned.  If no Bid is submitted for the Project or if the Project is not selected through the RFP and approved by the Commission, as soon as practicable after the Commission decision, each Company will initiate the return of cash upon receipt of an acceptable fully executed request for the return of cash on the appropriate entity’s letterhead.  While there is no deadline for submission of the fully executed request for the return of cash, any delay in providing this request to a Company will result in delay for the return of the bid assurance collateral.  If the Project is selected through the RFP and approved by the Commission, as soon as practicable after full execution of the REC Contract and receipt by the IPA of the payment of the Supplier Fees, each Company will initiate the return of cash upon receipt of an acceptable fully executed request for the return of cash on the appropriate entity’s letterhead.  While there is no deadline for submission of the fully executed request for the return of cash, any delay in providing this request to a Company will result in delay for the return of the bid assurance collateral.  A request for the return of cash in the form of the draft request approved at the time of the Part 2 Proposal.

If these circumstances do not apply and bid assurance collateral was posted as a letter of credit, then the letter of credit is allowed to expire on the date stated as part of its terms, seventeen (17) days after the Bid Date.  The letter of credit is not returned to the Bidder unless the Bidder provides special instructions to that effect in the Part 2 Proposal.

09-21-2018

FAQ-WND-40
Q: Can the Procurement Administrator give us the probability that the Buyer under the REC Contract would no longer be allowed to recover costs through pass-through tariffs approved by the ICC?

It is the responsibility of the Seller to evaluate such risks.

09-21-2018

FAQ-WND-41
Q: Can you clarify when Performance Assurance is due?

Under the REC Contract, Performance Assurance is due within 5 business days of notice from Buyer whenever the Collateral Threshold is less than the Collateral Requirement.  Buyer is expected to provide such notice on the day of approval of the results of the procurement event by the Illinois Commerce Commission so that Performance Assurance is due with 5 business days of ICC approval of the results of the procurement.

09-21-2018

FAQ--WND-42
Q: I used the list of preliminary acceptable modifications in determining whether to use a letter of credit or cash as bid assurance collateral. Have any of the modifications that were acceptable to the Companies in the preliminary been removed or changed?

No.  All modifications that were included in the preliminary list of acceptable modifications are included (unchanged) in the final list of acceptable modifications for the Pre-Bid Letter of Credit for each Company.

09-25-2018

FAQ-WND-43
Q: Are there consequences if a Seller’s Bid is approved by the Commission and the Seller does not execute the REC Contract?

Bids are binding.  Each Bidder acknowledges that the price in the Bid constitutes a binding and irrevocable offer to supply RECs from the Project at that price under the terms of the REC Contract and the quantity in the Bid is the annual quantity in the REC Contract aggregated across all Companies.  In the Part 2 Proposal, the Officer of the Seller acknowledges and certifies that if the Seller’s Bid on the Project is approved by the Commission, the Seller WILL execute the REC Contracts with the Companies as instructed by the Procurement Administrator. Failure to do so is a failure to abide by one of the central representations and requirements of the Proposal.

Such failure can lead to forfeiture of the entirety of the bid assurance collateral required with the Part 2 Proposal.  There could be other consequences to the Seller such as loss of eligibility to participate in other Programs or RFPs implemented by or on behalf of the IPA.

10-02-2018

FAQ-WND-44
Q: What is the final Supplier Fee and what are the final percentages that will be used to allocate RECs to the Companies?

The Supplier Fee is $0.18 times the Annual Quantity of RECs bid for a Project (which is equivalent to about $0.012 per REC assessed on the anticipated quantity of RECs over the entire 15-year delivery term).

The RECs from a Project selected through the Utility-Scale Wind RFP and approved by the Illinois Commerce Commission will be allocated to the Companies in the following proportions:  29.33% to AIC, 70.34% to ComEd, and 0.33% to MEC.  Thus, there will be three REC Contracts for each selected Project, one with each of the three Companies.

This information is posted on the Announcements page of the procurement website.

10-02-2018

FAQ-WND-45
Q: Is cash an acceptable form of Performance Assurance?

Yes, cash is an acceptable form of Performance Assurance under the REC Contract.

10-08-2018

FAQ-WND-46
Q: I see the optional changes to the Guaranty in Contract Insert #P2-5 for ComEd only. Does that meant that AIC and MEC will not accept changes to the Guaranty?

The lists of optional changes to the (AIC) Form of Guaranty and the (MEC) Form of Guaranty are available under the FINAL Fall 2018 Wind REC Contract header on the Final Materials page of the procurement website. These do not appear in the Contract Insert because the Guarantor prepares the guaranty for AIC and MEC (while ComEd prepares the guaranty for the ComEd REC Contract).

10-08-2018

FAQ-WND-47
Q: Is Performance Assurance under the REC Contract provided to the Illinois Power Agency (“IPA”)?

The Performance Assurance is provided to the Companies. A representative from each Company will contact you with further instructions on October 10, 2018, the date that the ICC renders its decision on results of procurement event.

The Supplier Fees are paid to the Illinois Power Agency (“IPA”). The Procurement Administrator will provide instructions regarding the Supplier Fees on October 10, 2018.

10-08-2018

FAQ-WND-48
Q: How, in practice, does a Seller either accept or reject a partial award?

If the Commission accepts the results of the procurement event, the Bidder receives a communication from the Procurement Administrator noting that it has received a partial award. The Bidder may at that time state whether it intends to accept or reject the award.

10-08-2018


Brownfield and Utility-Scale Solar FAQs
Click on the question to see the answer:

FAQ-S&B-1
Q: Are there fundamental differences between the procurement events that will be conducted under the upcoming Forward Procurements and the procurement events that were conducted under the Initial Forward Procurements specifically with regards to brownfield site photovoltaic projects?

Yes. Unlike the Initial Forward Procurement, there is a quantity of 80,000 RECs set aside to be procured specifically from brownfield site photovoltaic projects. In previous events, there was no set aside quantity for brownfield site photovoltaic projects so that RECs from utility-scale solar projects and from brownfield site photovoltaic projects competed against each other.

Additionally, in response to the Illinois Commerce Commission’s Final Order issued on April 3, 2018 (Docket 17-0838), the eligibility requirements for brownfield sites in the IEPA’s Site Remediation Program will change from the requirements under the Initial Forward Procurement. Bidders that present a project regulated under this program will be required to show that the site currently features or featured actual blight or contamination prior to remediation. The IPA is developing these additional requirements and seeks stakeholder input.

On June 15, the Illinois Power Agency posted a Request for Comments to its website here:

https://www2.illinois.gov/sites/ipa/Pages/RenewableResourcesWorkshops.aspx

Feedback regarding additional requirements for IEPA brownfield site eligibility is requested under Topic 5. Stakeholders are requested to send responses to this Request for Comments to Anthony.Star@illinois.gov by June 27, 2018.

06-22-2018

FAQ-S&B-2
Q: The workshop presentation states that utility-scale projects must be energized no later than three years after Commission decision. Which Commission decision is meant in this context? Is there a separate deadline for first REC delivery?

For a utility-scale wind project to be considered “new”, as specified in the Act, it must be energized no later than three years after the Commission decision on the results of the procurement event for which the project is approved.  Thus this is not a fixed date but a date that will vary depending on the date of a specific procurement event.

Separately from this requirement, the IPA is currently seeking stakeholder input on the deadline for first REC delivery. The IPA’s Long-Term Renewable Resources Procurement Plan targets the 2020-2021 Delivery Year for first REC deliveries under the Forward Procurements, but does not indicate a specific date.  Feedback regarding the deadline for first REC delivery is requested under Topic 1 in the IPA’s Request for Comments.

06-22-2018

FAQ-S&B-3
Q: Do stakeholders have an opportunity to comment on the delivery obligations for projects selected under the upcoming forward procurements?

The Procurement Administrator will issue an invitation to submit comments on the draft REC Contract, expected on July 13, 2018.  The draft REC Contract will specify the delivery obligations and stakeholders may comment on any of these specific provisions.  If necessary, there will be an additional invitation to comment on the draft REC Contract as it applies to utility-scale solar project and brownfield site photovoltaic projects later in the fall.

06-22-2018

FAQ-S&B-4
Q: How is “new” wind project and “new” photovoltaic project defined?

Under Public Act 099-0906 (“Act”), a utility-scale solar project meets the definition of “new photovoltaic projects” if it is energized after June 1, 2017.  This definition does not specify a “no later than” date. The Act defines “new wind projects” as wind renewable energy facilities that are energized after June 1, 2017 for the delivery year commencing June 1, 2017 or within 3 years after the date the Commission approves contracts for subsequent delivery years. The IPA provides its interpretation of these definitions in Section 2.4.2. of its draft Long-Term Renewable Resources Procurement Plan available here.

06-22-2018

FAQ-S&B-5
Q: Am I correct to infer from the workshop presentation that the structure of the upcoming Forward Procurements follows the structure used for the Initial Forward Procurements?

We are unable to tell exactly to which slide your question refers but we assume that you are referring to the structure of the proposal submission process (slide 20).  This submission process is generally the same across all procurement events held by the IPA.  There has been no change to this structure since the Initial Forward Procurements.

Proposal requirements, however, may change.  In particular, the IPA is seeking input on the level of pre-bid collateral and on an appropriate milestone to use to assess project maturity.  Feedback regarding the level of pre-bid collateral is requested under Topic 2 in the IPA’s Request for Comments and feedback regarding an appropriate assessment of project maturity is requested under Topic 4.

06-22-2018

FAQ-S&B-6
Q: Can stakeholders comment on credit and collateral provisions, including the level of pre-bid collateral?

Feedback regarding credit and collateral provisions, including the level of pre-bid collateral, is requested under Topic 2 in the IPA’s Request for Comments.

06-22-2018

FAQ-S&B-7
Q: When will the RFP for the Brownfield and Utility-Scale Solar procurement events be posted?

The RFP documents including the RFP Rules will be posted to the dedicated Brownfield and Utility-Scale Solar Procurement page of the procurement website on October 15, 2018.

The calendar for the Brownfield and Utility-Scale Solar procurement events is now available on the Calendar page of the procurement website:

https://www.ipa-energyrfp.com/wordpress/wp-content/uploads/2014/05/IPA-2018-Brownfield-and-Utility-Scale-Solar-Calendar_24-MAY-2018.pdf

07-09-2018

FAQ-S&B-8
Q: If we already provided executed cash return requests during the proposal process, do we still need to provide these documents to the Companies to receive our bid assurance collateral back under the New Solar RFP?

Yes, if a Bidder provided cash as bid assurance collateral under the New Solar RFP, such Bidder is required to provide fully executed requests for the return of cash to each Company. The return of cash is initiated by the Company on the date at which such executed request is received.

07-09-2018

FAQ-S&B-9
Q: When will bid assurance collateral be returned to Bidders with Project(s) that were not selected in the New Solar RFP?

Under the New Solar RFP, if a Project is not selected in either of the two procurement events, cash provided as bid assurance collateral will be returned as soon as practicable after the Commission decision on the second procurement event (assuming that the Company has received proper documentation from the Bidder). A Letter of Credit provided as bid assurance collateral will be left to expire as part of its terms.

07-09-2018

FAQ-S&B-10
Q: Should we submit an amendment to our Pre-Bid Letter of Credit directly to the Company or to the Illinois Power Agency?

Any amendment to your Pre-Bid Letter of Credit should be provided directly to the Company.

07-09-2018

FAQ-S&B-11
Q: In addition to providing the fully executed requests for the return of cash, are there any additional steps that a Bidder is required to take to initiate the return of cash by the Companies?

No, if a Bidder provided cash as bid assurance collateral under the New Solar RFP, such Bidder is required to provide fully executed requests for the return of cash to each Company. The return of cash is initiated by the Company on the date at which such executed request is received.

07-09-2018

FAQ-S&B-12
Q: Were RECs from brownfield site photovoltaic projects procured in the second procurement event under the New Solar RFP? It is not clear from the Information Release posted on May 2, 2018. Also, please provide some additional details on upcoming brownfield site photovoltaic project procurements.

The Procurement Administrator released the results of the New Solar RFP in accordance with Section 16-111.5(h) of the Public Utilities Act and prior Commission Orders, and no additional information is available.

In its draft Long-Term Renewable Resources Procurement Plan, the Illinois Power Agency (“IPA”) proposed to hold a forward procurement for Brownfield Solar in 2018. This procurement was approved by the Illinois Commerce Commission in its Final Order released on April 3, 2018. Unlike the Initial Forward Procurement, there is a quantity of 80,000 RECs set aside to be procured specifically from brownfield site photovoltaic projects. In previous events, there was no set aside quantity for brownfield site photovoltaic projects so that RECs from utility-scale solar projects and from brownfield site photovoltaic projects competed against each other.

The calendar for this procurement is available on the Calendar page of the procurement website:

https://www.ipa-energyrfp.com/wordpress/wp-content/uploads/2014/05/IPA-2018-Brownfield-and-Utility-Scale-Solar-Calendar_24-MAY-2018.pdf

For additional information, please check the dedicated Brownfield and Utility-Scale Solar Procurement page of the procurement website, which will be updated as more information becomes available:

https://www.ipa-energyrfp.com/brownfield-and-utility-scale-solar/

07-10-2018

FAQ-S&B-13
Q: Have the collateral requirements under the REC Contract been finalized?

The Procurement Administrator will post the draft REC Contract along with an invitation to submit comments on Friday, July 13, 2018.  The draft REC Contract will specify the collateral requirement and stakeholders may comment on any specific provisions.  If necessary, there will be an additional invitation to comment on the draft REC Contract as it applies to utility-scale solar projects and brownfield site photovoltaic projects later in the fall. The final REC Contract for the Utility-Scale Wind RFP will be posted on Wednesday, August 22, 2018, and the final REC Contract for the Brownfield and Utility-Scale Solar RFP will be posted on Monday, October 15, 2018.

If you have not done so already, please join our mailing list to receive updates and information by completing the automated form on the Register page. An announcement will be sent to the mailing list when the draft REC Contract and invitation to submit comments have been posted.

07-10-2018

FAQ-S&B-14
Q: Must both the bid assurance collateral and the collateral requirement under the contract be posted by the Bid Date?

Bid Assurance Collateral is submitted with the Part 2 Proposal, which is due on the Part 2 Date. The Part 2 Date for the upcoming Brownfield and Utility-Scale Solar procurement events is November 14, 2018.

The Collateral Requirement is posted only if a Project has a winning Bid that is approved by the Commission. The Collateral Requirement is posted upon contract execution.

While these dates have been published on the Calendar page of the RFP website, the RFP Rules and other documents have not yet been posted. The RFP Documents will be issued on October 16, 2018 and a webcast, which will provide details on both the bid assurance collateral and credit requirements under the contract, will be held on October 17, 2018.

If you have not done so already, please join our mailing list to receive updates and information by completing the automated form on the Register page. An announcement will be sent to the mailing list when the webcast is announced and again when the RFP Documents have been issued.

07-10-2018

FAQ-S&B-15
Q: Can you please provide a copy of any specifications and/or documents associated with the Brownfield and Utility-Scale Solar RFP?

The Procurement Administrator posted the draft REC Contract along with an invitation to submit comments on Friday, July 13, 2018 to the dedicated Brownfield and Utility-Scale Solar Procurement page of the procurement website here:

https://www.ipa-energyrfp.com/brownfield-and-utility-scale-solar/

The Procurement Administrator will post preliminary proposal documents by Thursday, August 30, 2018 and will issue the RFP Documents by Tuesday, October 16, 2018. These documents will be posted to the same page.

If you have not done so already, please join our mailing list to receive updates and information by completing the automated form on the Register page. An announcement will be sent to the mailing list when the preliminary proposal documents and the RFP Documents have been issued.

07-18-2018

FAQ-S&B-16
Q: Are comments on the draft Solar REC Contract due on Monday, July 23, 2018 or is the executed version of the Solar REC Contract due?

Monday, July 23, 2018 is the deadline to submit comments on the draft Solar REC Contract for the procurement events under the Brownfield and Utility-Scale Solar RFP. This draft Solar REC Contract is proposed to be the standard contract form between each winning supplier and Ameren Illinois Company, Commonwealth Edison Company or MidAmerican Energy Company. An executed version of the REC Contract is not due at this time.

The draft Solar REC Contract and the Invitation to Comment, which includes a description of the timeline and process for providing comments, are available on the dedicated Brownfield and Utility-Scale Solar RFP page here:

https://www.ipa-energyrfp.com/brownfield-and-utility-scale-solar/draft-documents/

07-23-2018

FAQ-S&B-17
Q: If we do not submit comments on the draft Solar REC Contract are we still eligible to participate in the procurement events under the Brownfield and Utility-Scale Solar RFP?

Participation in the comment process for the draft Solar REC Contract is optional. An entity that does not submit comments is not ineligible to participate in the procurement events under the Brownfield and Utility-Scale Solar RFP for that reason.

07-23-2018

FAQ-S&B-18
Q: Will there be any competitive procurements for solar projects under 2MW this Fall?

The Brownfield and Utility-Scale Solar Procurement seeks to procure 2 million RECs delivered annually from new utility-scale solar projects (projects over 2 MW); and 80,000 RECs delivered annually from new brownfield site photovoltaic projects. There is no size requirement related to brownfield site photovoltaic projects.

For information pertaining to the Adjustable Block Program proposed as part of the Illinois Power Agency’s Long-Term Renewable Resources Procurement Plan (“LTRRPP”), please visit the IPA’s website: https://www2.illinois.gov/sites/ipa/Pages/Renewable_Resources.aspx

07-31-2018

FAQ-S&B-19
Q: I participated in a prior procurement event. Which of the accounts that I was issued at the time will remain valid for the upcoming Brownfield and Utility-Scale Solar RFP?

If you qualified a solar or brownfield project in a prior procurement event, all accounts provided to you under Wind and Solar RFP and/or the New Solar RFP remain valid.  If you are presenting a Project to the Brownfield and Utility-Scale Solar RFP that you presented in a prior procurement event using a particular account, we encourage you to use the same account for presenting this Project again in the upcoming RFP.  The accounts previously issued to you will be unlocked for your use prior to Thursday, October 18, 2018, the date of the opening of the Part 1 Window for the Brownfield and Utility-Scale Solar RFP.

You will receive an email from the Procurement Administrator prior to Thursday, October 18, 2018 inquiring whether you still have your login credentials or whether you need these re-issued.  If you are presenting additional Projects, please let us know so that we may issue additional accounts to you.

08-31-2018

FAQ-S&B-20
Q: Could you please let us know the amount of bid assurance collateral that will be required by the Fall 2018 Brownfield and Utility-Scale Solar RFP?

The RFP Documents for the Fall 2018 Brownfield and Utility-Scale Solar RFP are expected to be posted on Tuesday, October 16, 2018. We take note of your request and the Procurement Administrator will endeavor to provide participants an early release information that includes the amount of bid assurance collateral.

09-11-2018

On August 30, 2018, the Procurement Administrator posted Appendix 4 – Minimum Requirements for Letter of Intent, Memorandum of Understanding, or Other Document to the dedicated Brownfield and Utility-Scale Solar Draft Documents page. This document lists the documentation that may be used to fulfill this requirement and the minimum requirements should a Seller or Bidder choose to develop its own document that meets its business needs. Additional information will be provided in the RFP Documents, which will posted no later than Tuesday, October 16, 2018.

10-02-2018

FAQ-S&B-22
Q: Can you send the Part 1 Notification earlier than Monday, November 5, 2018 to Bidders that submit the Part 1 Proposal materials early in the Part 1 Window?

The Part 1 Notification is sent to Bidders no later than a specified date, Monday, November 5, 2018, and this date does not depend on when the Part 1 Proposal was submitted. As part of the review process of the Part 1 Proposal, the Procurement Administrator will send a notice to you when the Part 1 Proposal is complete and being considered, which could occur much earlier than the date specified for the Part 1 Notification.

10-19-2018

FAQ-S&B-23
Q: Will the Procurement Administrator post the presentation slides and audio recording from the bidder information webcast?

Yes. The Procurement Administrator has posted the presentation slides and audio recording from the bidder information webcast held on October 17, 2018 to the Final Materials page of the Brownfield and Utility-Scale Solar section of the procurement website.

10-19-2018

FAQ-S&B-24
Q: Why did the maximum amount of bid assurance collateral to be tendered increase compared to the maximum amount required under the New Solar RFP?

One objective of the bid assurance collateral is for the bidder to show that the bidder will be able to meet the Collateral Requirement under the REC Contract. Not meeting the Collateral Requirement would lead to supplier default, termination of the REC Contract, and failure of the procurement event to procure the number of RECs intended.

The Collateral Requirement under the Brownfield and Utility-Scale Solar RFP increased for two reasons.  First, there was an increase in the Collateral Requirement under the REC Contract and the increase in bid assurance collateral is consistent with this fact.  Second, the target of 2,000,000 RECs is substantially larger than the target under the New Solar RFP and thus the maximum amounts have increased to be consistent with the higher Collateral Requirement that could be due under the REC Contract.

10-19-2018

FAQ-S&B-25
Q: Does the Illinois Power Agency currently have any future procurements planned for utility-scale solar?

The Illinois Power Agency does not have any procurements for utility-scale solar planned for 2019.  However, there may be future procurements planned for 2020, which would be proposed as part of the IPA’s next Long-Term Renewables Resources Procurement Plan.

10-19-2018

FAQ-S&B-26
Q: Can we account for degradation over the term of the contract in our Bid?

No, the quantity of RECs included in the bid represents a fixed quantity to be delivered in each delivery year under the terms of the REC Contract. There are provisions in the Solar REC Contract that allow the Seller to bank RECs at the beginning of the contract to be delivered at the end of the term.

10-19-2018

FAQ-S&B-27
Q: Can I submit a Proposal for multiple Projects if they are sited on the same parcel and share a point of interconnection?

A Project for purposes of the Brownfield and Utility-Scale Solar RFP has or will have a single revenue quality meter that satisfies the requirements of the applicable regional transmission organization, transmission provider, or distribution company, and that measures or will measure its generation output.  Thus, for each Project to be presented in a separate Proposal, each Project would need to be separately metered and have two accounts registered in PJM EIS GATS or M-RETS.

Assuming both Projects are separate in that sense, both Projects could be presented through the Brownfield and Utility-Scale Solar; such co-location may lead to additional requirements in terms of site control documentation.

10-19-2018

FAQ-S&B-28
Q: If we have a successful brownfield PV site project in the Brownfield and Utility-Scale Solar RFP, can we site a different project on the same parcel at a later date and be able to qualify that other project under the Adjustable Block Program?

The Brownfield and Utility-Scale Solar RFP and the Adjustable Block Program have separate rules and requirements with no overlap. Currently, there are no requirements that would prohibit this.

10-19-2018

FAQ-S&B-29
Q: What happens if Shortfall Amounts (as the term is defined in the REC Contract) are cumulatively less than the Annual Quantity?

It is an event of default under the contract if: (i) Seller fails to meet the Delivery Year Requirement for three (3) or more years, AND (ii) the Shortfall Amounts (as the term is defined in the REC Contract) cumulatively equals or exceeds the annual quantity. Both conditions must be triggered for such event of default to occur. If the Shortfall Amounts are less than the Annual Quantity, there is no event of default.  However, payment to the Seller is based on the RECs delivered, so shortfalls would lead to missed revenue under the REC Contract.

10-19-2018

FAQ-S&B-30
Q: Can we change the annual quantity from what was submitted in the Bid after the Bid Date?

No, the quantity of RECs included in the Bid represents the annual quantity to be delivered in each delivery year under the terms of the REC Contract and cannot be changed at a later date.

10-19-2018

FAQ-S&B-31
Q: Is it a requirement for the Seller to be rated? Does the Seller have to have a Guarantor?

It is not a requirement for the Seller to be rated. It is not a requirement for the Seller to have a Guarantor. A Project that has a Seller that is not rated and that does not have a rated Guarantor will not be required to provide financial information in the Part 1 Proposal.

10-19-2018

FAQ-S&B-32
Q: If we are submitting a Proposal for a single Project and the Seller is a special purpose entity, is this entity both the Seller and the Bidder?

Yes, if the Bidder is presenting a Proposal for a single Project, the Bidder and the Seller must be the same entity.  In this case, if the Seller is a special purpose entity, then the Bidder must be identified as this special purpose entity as well.

10-19-2018

FAQ-S&B-33
Q: Will our solid waste permit serve as evidence that our site is regulated by the IEPA under the Solid Waste Program?

A solid waste permit is appropriate documentation to demonstrate that the site is regulated by the IEPA Solid Waste Program. The documentation must be dated no earlier than 15 years prior to the Bid Date. The Procurement Administrator will evaluate the permit and its consistency with the RFP Rules during its review of your Part 1 Proposal.

10-19-2018

FAQ-S&B-34
Q: Please provide an example of the amount of bid assurance collateral required to be posted by a 10 MW Project.

A Bidder must submit bid assurance collateral for the Project in the form of cash or a letter of credit to each of AIC, ComEd, and MEC. For a 10 MW Project, a Bidder is required to submit $55,000 (10 x $5,500) to AIC, $130,000 (10 x $13,000) to ComEd, and $10,000 (10 x $1,000) to MEC. Payment must be made to each of the three Companies separately.

10-19-2018

FAQ-S&B-35
Q: If our Project is not selected under the RFP, will our bid assurance collateral be returned?

Yes, if a Bidder posts bid assurance collateral and the Projects is not selected, the full amount of the bid assurance collateral will be returned within the timeframes provided in the Brownfield and Utility-Scale Solar RFP.

10-19-2018

FAQ-S&B-36
Q: Can we increase the size of the Project to compensate for underperformance in REC deliveries during the contract term?

Yes.  A Bidder does not commit to a MW size of the Project in the Proposal; a Bidder commits to delivering a given annual quantity under the terms of the REC Contract.

Please note that with each REC delivery, the Seller will be required to represent that at least 50% of the Project is located within the physical location identified as the Project site in the Proposal.

10-19-2018

As stated in Article 6 of the Solar REC Contract, “Force Majeure may include delays in the establishment by the Project of an operating interconnection with the applicable transmission or distribution system as a result of the actions or inactions of the transmission or distribution provider, provided Seller can demonstrate to Buyer that such delay is not primarily attributable to Seller’s failure to make in a timely manner a formal request for interconnection to such transmission or distribution provider or to provide in a timely manner the information or payment required by such transmission or distribution provider.”  Each Bidder must assess and evaluate the term of the REC Contract.

10-19-2018

FAQ-S&B-38
Q: If the permit that we provide as documentation to demonstrate that the site is regulated by the IEPA Solid Waste Program is insufficient, will we be notified during the Part 1 Window?

Yes, generally if your Part 1 Proposal is incomplete or requires clarification, the Procurement Administrator will send a deficiency notice to the Bidder. If the permit provided is insufficient, the Procurement Administrator will provide an explanation and request additional information in that notice. A Bidder is generally given until the Part 1 Date or two (2) business days to respond to a first deficiency notice.

10-19-2018

FAQ-S&B-39
Q: Can you please provide delivery instructions and addresses for each Company for purposes of submitting pre-bid letters of credit for bid assurance collateral and post-bid letters of credit under the REC Contract?

Delivery instructions and addresses for each Company for purposes of submitting pre-bid letters of credit for bid assurance collateral are available from the Procurement Administrator upon request.  In regards to posting Performance Assurance under the REC Contract, each Company will reach out directly to Bidders with Projects that are selected through the RFP after the Illinois Commerce Commission renders its decision on the results.

10-19-2018

FAQ-S&B-40
Q: If the Seller’s Guarantor is not rated by Moody’s, Fitch or S&P, is it the case that the Guarantor would fall into the “Below BBB-“ with a $0 Collateral Threshold as defined in Table A of the REC Agreement? Can the Guarantor nevertheless post cash as Performance Assurance on behalf of the Seller?

An unrated Guarantor will have a Collateral Threshold of $0 and will not receive any unsecured credit under the Solar REC Contract. An unrated Guarantor may still post the required Performance Assurance as cash on behalf of the Seller.

10-19-2018

FAQ-S&B-41
Q: Will the RFP documents for the Brownfield and Utility-Scale Solar RFP be publicly available on the ipa-energyrfp.com website? Or will I need to set up a password to access the documents?

The RFP Documents are available on the Final Materials page of the dedicated Brownfield and Utility-Scale Solar RFP page of the procurement website here. You do not need a password to access the RFP documents.

10-19-2018

FAQ-S&B-42
Q: If we are presenting a single Project, do we provide bid assurance collateral to each of the Companies or just to the Company whose territory the Project is located in?

A Bidder must submit bid assurance collateral for the Project in the form of cash or a letter of credit to each of AIC, ComEd, and MEC no matter where it is located.

10-19-2018

FAQ-S&B-43
Q: Please confirm the required amounts for the bid assurance collateral and the collateral requirement under the REC Contract.

The amount of bid assurance collateral required for a Project is determined separately for each Company and is the same whether the Bidder submits cash or a letter of credit to each of AIC, ComEd, and MEC.

  • The amount of bid assurance collateral required for AIC is $5,500/MW and need not exceed $5,500,000 across all Utility-Scale Solar Projects presented by a Bidder or $275,000 across all brownfield site photovoltaic Projects presented by a Bidder.
  • The amount of bid assurance collateral required for ComEd is $13,000/MW and need not exceed $13,000,000 across all Utility-Scale Solar Projects presented by a Bidder or $650,000 across all brownfield site photovoltaic Projects presented by a Bidder.
  • The amount of bid assurance collateral required for MEC is $1,000/MW and need not exceed $1,000,000 across all Utility-Scale Solar Projects presented by a Bidder or $50,000 across all brownfield site photovoltaic Projects presented by a Bidder.

Additional information on bid assurance collateral, including the required amounts, is provided in Section V.2. Bid Assurance Collateral in the RFP Rules.

The collateral requirement under the REC Contract is $10 times the Annual Quantity and is subject to a minimum of $50,000. Please note that under the REC Contract, a Project must deliver at least one REC to each Company on or before May 31, 2021 unless such deadline is extended to May 31, 2022 by the Seller opting to meet an increased collateral requirement. Additional information is available in the REC Contract.

10-22-2018

FAQ-S&B-44
Q: Does the Pre-Bid Letter of Credit expire at the same time that a Seller that has a Project with approved Bids posts the collateral requirement or is there a potential overlap in December?

There may be a period in December when both the Pre-Bid and Post-Bid Letters of Credit are in place at the same time. The Pre-Bid Letter of Credit under the Brownfield and Utility-Scale Solar RFP expires as part of its terms on December 21, 2018, seventeen business days after the Bid Date.

If a Seller has a Project with approved Bids, by 12 PM CPT (noon) on the first business day after the ICC decision (December 5, 2018), each Company prepares and sends a partially executed electronic copy of the REC Contract and related documents to the Seller. By 12 PM CPT (1 PM Eastern Prevailing Time) on the next business day, the Seller executes the signature pages of the partially executed REC Contracts and related documents and sends such fully executed signature pages to the Company electronically.

Under the REC Contract, the Performance Assurance is due within five (5) business days of a request from the Company.  Such a request can be issued at the start of the formalities for the execution of the REC Contract.  If Seller fails to provide Performance Assurance within 5 business days of this request, an event of default shall be deemed to have occurred.

10-22-2018

FAQ-S&B-45
Q: If we already paid the Bid Participation Fee pursuant to participation in a prior 2018 procurement event, but we are participating as a different Bidder, are we required to pay the fee again?

If the Bidder changed since the prior 2018 procurement event you will be required to pay the Bid Participation Fee again in this RFP even if the Legal Name of Seller remains the same. If the Bidder is presenting Proposals for multiple Projects under the Brownfield and Utility-Scale Solar RFP, the Bidder is only required to pay a single Bid Participation Fee no matter how many Sellers are named.

10-22-2018

FAQ-S&B-46
Q: The required documentation to demonstrate that our brownfield site is regulated by one of the Programs listed in the Act is dated earlier than 15 years prior to the Bid Date. Does this disqualify the Project from participating in the Brownfield and Utility-Scale Solar RFP? Are there any other methods to qualify as a Brownfield site?

As a requirement of the Part 1 Proposal under the Brownfield and Utility-Scale Solar RFP, the Bidder must submit appropriate documentation, dated no earlier than 15 years prior to the Bid Date, to demonstrate that the site is regulated by one of the following four Programs: (i) the United States Environmental Protection Agency under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended; or (ii) the United States Environmental Protection Agency under the Corrective Action Program of the federal Resource Conservation and Recovery Act (“RCRA”), as amended; or (iii) the Illinois Environmental Protection Agency under the Illinois Solid Waste Program (“IEPA Solid Waste Program”); or (iv) the Illinois Environmental Protection Agency under the Illinois Site Remediation Program (“IEPA Site Remediation Program”).

The Bidder must submit appropriate documentation, dated no earlier than 15 years prior to the Bid Date.  The following documentation is sufficient:  (i) for CERCLA, a site assessment, remedy decision, cleanup plan, or similar document; (ii) for RCRA, a demonstration of the U.S. EPA requiring corrective action such as a permit application, administrative order, court order, or equivalent document; (iii) for the IEPA Solid Waste Program, a solid waste permit; and (iv) for the IEPA Site Remediation Program, a Site Investigation Report, or a Remedial Action Plan, or a Remedial Action Completion Report, or a No Further Remediation Letter.  Additional requirements apply to sites regulated by the IEPA Site Remediation Program.

The Procurement Administrator will consider other forms of documentation provided by the Bidder to demonstrate regulation under the above Programs; however, such documentation must also be dated no earlier than 15 years prior to the Bid Date.  Ultimately, if your Project does not satisfy the requirements for brownfield sites under this RFP, but your Project size is more than 2 MW (AC rating), then you may choose to participate as a utility-scale solar project instead.  The RFP Rules provide the differences in the requirements between the two Categories of Projects (brownfield site photovoltaic versus utility-scale solar).  Please note that Bids for the two Categories of Projects are evaluated separately; this implies that if you choose to participate as a utility-scale solar project, the price in your Bid will compete against the prices submitted by other utility-scale solar projects.

10-23-2018

FAQ-S&B-47
Q: Please confirm the Date of First Operation must be on or before March 30, 2022. Was this deadline set assuming that the Seller posts the increased collateral requirement to extend the deadline to deliver at least one REC to May 31, 2022?

Under the REC Contract, a Project must deliver at least one REC to each Company on or before May 31, 2021 unless such deadline is extended to May 31, 2022 by the Seller opting to meet an increased collateral requirement.

The Date of First Operation is information that is required in the Part 1 Proposal as part of the information about the Project, along with information about site control and milestones achieved. The Date of First Operation provided in the Part 1 Proposal is required to be March 30, 2022 or before. As you point out, this requirement was set recognizing that the Seller may post increased collateral requirement to extend the deadline for first REC delivery to May 31, 2022, and accounting for the required time for RECs to be produced according to PJM EIS GATS and M-RETS procedures.

10-24-2018

FAQ-S&B-48
Q: If we already paid the Bid Participation Fee pursuant to participation in a prior 2018 procurement event are we required to pay the fee again?

The answer depends on if the Bidder has changed. Should you present one or more projects under the Brownfield and Utility-Scale Solar RFP and the Bidder is unchanged, you are not required to pay the Bid Participation Fee in this RFP. If the Bidder changed since the prior 2018 procurement event, however, you will be required to pay the Bid Participation Fee again in this RFP.

10-24-2018

FAQ-S&B-49
Q: The name of the project that was used in the pre-approval application to the IPA for our out-of-state Project has since changed. Should we note this in the Part 1 Proposal or what other actions are required?

Yes, please provide a statement to that effect in Section 7. Justification of Omission in the online Part 1 Form so that the Procurement Administrator can confirm the Project has obtained pre-approval with the Illinois Power Agency. No other action is required in this regard.

10-24-2018

FAQ-S&B-50
Q: Has the scenario where the last available documentation for brownfield site is older than 15 years prior to the Bid Date (and thus the site will fail the requirement) been envisaged under this RFP?

Under this RFP, sites for which the last available documentation for the brownfield site is older than 15 years would not fulfill the requirements for “brownfield site photovoltaic projects” under the Brownfield and Utility-Scale Solar RFP.

A goal of the Brownfield and Utility-Scale Solar RFP is to support the development of brownfield sites within Illinois to help return blighted or contaminated land to productive use. As defined in the Public Act 99-0906 (“the Act”), brownfield site photovoltaic project means only photovoltaic projects that are: (1) interconnected to an electric utility, a municipal utility, a public utility, or an electric cooperative as defined by the Act; and (2) located at a site that is regulated by one of the entities and four programs listed in the Act.  To comply with this statutory language, the IPA proposed in draft guidelines that any documentation issued by or filed with the relevant authority must be dated no earlier than 15 years prior to the Bid Date, understanding that this requirement may exclude sites that have been fully remediated for a longer period while allowing participation from some sites that may no longer currently be regulated by one of the entities under the Act’s four delineated programs. An invitation to comment on the “Draft Brownfield Site PV Guidelines”, including this timing requirement, was issued on September 17, 2018 and an announcement was sent to website registrants. As the comments received did not provide a clear direction or alternative to these draft guidelines, this 15-year requirement was maintained for the RFP Rules.

While the parameters used in this RFP could potentially change for any future brownfield site procurements, under the current Brownfield and Utility-Scale Solar RFP, Projects without documentation within the last 15 years cannot meet the qualification standards for brownfield site photovoltaic projects.  However, please be aware that any such Project, if it is greater than 2 MW in size, may meet the requirements for a utility-scale solar project under this RFP.

10-24-2018

FAQ-S&B-51
Q: If we present a single Project and are awarded REC Contracts for that Project, can we assign a portion of the Project to a second entity after the fact?

There are no provisions in the REC Contract to accommodate a partial assignment. Also, the quantity of RECs included in the Bid for a Project represents the annual quantity to be delivered in each delivery year under the terms of the REC Contract and cannot be changed at a later date. Thus, it is not possible to assign a portion of the RECs to another entity under a separate REC Contract.

10-24-2018

FAQ-S&B-52
Q: Can the same Seller submit two separate projects that may be in the same location?

Please note that the Bidder is the entity submitting the Proposal while the Seller is the entity that would be executing the REC Contracts if the Project is selected and approved by the Commission. A Bidder may submit multiple Projects and these Projects can have the same or different Sellers. Please also note that a Project for purposes of the Brownfield and Utility-Scale Solar RFP has or will have a single revenue quality meter that satisfies the requirements of the applicable regional transmission organization, transmission provider, or distribution company, and that measures or will measure its generation output.  Thus, for each Project presented in a separate Proposal must be separately metered and have its own account in PJM EIS GATS or M-RETS. If the Projects are co-located there may be additional requirements in terms of site control documentation.

10-24-2018

FAQ-S&B-53
Q: At the planning stage of our Project located in a state adjacent to Illinois, we obtained pre-approval of the Project’s eligibility for the Illinois RPS. Our Project is now operational. Is there any action required on our part for the Project’s eligibility for the Illinois RPS? What should we provide as documentation in our Proposal to the Brownfield and Utility-Scale Solar RFP?

For a Project that is not yet operational, the Long-Term Procurement Plan states:

“In the case of a new adjacent-state facility that is not yet operational (and thus also not registered in GATS or M-RETS), an owner may submit a request for determination of eligibility based upon the planned design of the facility. Such a submittal must also include documentation from the applicable RTO (or utility for distributed resources) that the facility has entered the interconnection queue and is actively pursuing an interconnection agreement. If the Agency determines that the planned facility does meet the public interest criteria, then it will grant a pre-approval of the eligibility. It will be the responsibility of the facility owner to notify the IPA and the tracking system once the facility is operational to request being coded as eligible for the Illinois RPS in the applicable tracking system. The Agency will review final system information to verify consistency with the information submitted for the pre-approval.”

Thus, for a Project that is not yet operational, there are two steps: a first step for pre-approval before the project is operational, and then a review by the IPA in a second step once the Project is operational AND registered in a tracking system to confirm eligibility.  In the second step, the IPA will verify consistency of the information submitted for pre-approval with the information provided through the tracking system upon registration of the system.

If a Project is operational and registered in a tracking system, and if such a Project is presented in a Proposal to the Brownfield and Utility-Scale Solar RFP (“RFP”), then the Project should provide with the Part 1 Proposal confirmation of its eligibility status for the Illinois RPS from the second step.  If the Project is not yet registered in GATS or M-RETS, the Project is between the first step and the second step.  If such a Project is presented in a Proposal to the RFP, the Bidder should explain that pre-approval was obtained, that the Project is not registered in a tracking system, and thus that final eligibility for the Illinois RPS has not yet been determined.  While such a Project may participate in the RFP, please note that any risk associated with the IPA not being able to confirm the Project’s eligibility for the Illinois RPS is entirely borne by the Bidder.

10-31-2018

FAQ-S&B-54
Q: By how much does the Collateral Requirement increase if the Seller elects to extend the REC Delivery Deadline to May 31, 2022?

Under the REC Contract, the Collateral Requirement is $10 times the Annual Quantity and is subject to a minimum of $50,000. The Increased Collateral Requirement is $20 times the Annual Quantity and is subject to a minimum of $100,000. In effect, should the Seller elect to extend the REC Delivery Deadline from May 31, 2021 to May 31, 2022, the Seller must post double the amount.

11-01-2018

FAQ-S&B-55
Q: If the Seller delivers less than the Delivery Year Requirement in the first Delivery Year, but meets the requirement in each of the remaining Delivery Years, will the Performance Assurance be forfeited?

No, the Performance Assurance will not be forfeited in that case.

The REC Contract with a Company will be terminated and the Performance Assurance is forfeited if: (a) you fail to meet the Delivery Year Requirement in any 3 or more Delivery Years, and (b) the amount of shortfalls equals or exceeds the Annual Quantity.

Please note that the “3 or more Delivery Years” need not be consecutive; and the Delivery Year Requirement in the first 365 days under the REC Contract is 50% of the Annual Quantity.

11-01-2018

FAQ-S&B-56
Q: Are we able to submit increased collateral to extend the REC Delivery Deadline after contracts are signed? Or does a bidder need to submit increased bid assurance collateral at the time of the Part 2 Proposal?

The bid assurance collateral due with the Part 2 Proposal is the same regardless of the expected Date of First Operation of the Project.  The option to satisfy an increased collateral requirement to extend the REC Delivery Deadline to May 31, 2022 only applies during the term of the REC Contract.

11-01-2018

FAQ-S&B-57
Q: Please provide contact information for a representative at each of the Companies so that I may communicate with them regarding the acceptability of my Pre-Bid Letter of Credit.

Please direct all questions regarding your Pre-Bid Letters of Credit to the Procurement Administrator via the Contact Us page or by email to Illinois-RFP@nera.com. While the Pre-Bid Letters of Credit must be sent directly to each Company, the Procurement Administrator will communicate with the bidder on behalf of the Companies regarding the acceptability of the Pre-Bid Letters of Credit.

11-01-2018

FAQ-S&B-58
Q: Is a Word version of the Final REC Contract, posted on October 15, 2018, available?

A Word version of the Final REC Contract posted on October 15, 2018 is not available. The Final REC Contract is posted as a pdf on the Final Materials page of the dedicated Brownfield and Utility-Scale Solar section of the procurement website here: https://www.ipa-energyrfp.com/?wpfb_dl=1796

11-01-2018

FAQ-S&B-59
Q: Is it correct that the Collateral Requirement is only posted if a Project has a winning Bid approved by the Commission?

Bid Assurance Collateral is submitted with the Part 2 Proposal, which is due on the Part 2 Date. The Part 2 Date for the upcoming Brownfield and Utility-Scale Solar procurement events is November 14, 2018.

The Collateral Requirement is posted only if a Project has a winning Bid that is approved by the Commission. The Collateral Requirement in the form of a Post-Bid Letter of Credit (provided as Exhibit C) or cash is posted upon contract execution. The collateral requirement under the REC Contract is $10 times the Annual Quantity and is subject to a minimum of $50,000. Please note that under the REC Contract, a Project must deliver at least one REC to each Company on or before May 31, 2021 unless such deadline is extended to May 31, 2022 by the Seller opting to meet an increased collateral requirement. Additional information is available in the REC Contract.

11-01-2018

FAQ-S&B-60
Q: If a Bidder submits a successful Part 1 and Part 2 Proposal, but elects not to submit a Bid, will the bid assurance collateral be returned to the Bidder?

Yes. The circumstance of a Bidder not submitting a Bid is not a reason for drawing on bid assurance collateral or for bid assurance collateral not to be returned. There is no penalty for not submitting a Bid.

11-02-2018

FAQ-S&B-61
Q: Please provide a redline of the Final REC Contract for the Brownfield and Utility-Scale Solar RFP (posted on October 15, 2018) to the final contract used for the Spring 2018 New Solar RFP held under the 2017-2018 Initial Forward Procurements.

The redline will be posted to the Final Materials page of the dedicated Brownfield and Utility-Scale Solar section of the procurement website by close of business on Tuesday, November 6, 2018.

11-02-2018

FAQ-S&B-62
Q: What is the payment cap referenced in Section 3(i) of the REC Contract?

The payment cap referenced in Section 3(i) of the Coversheet is found in Section 2.2 of the Master REC Agreement as modified in the Coversheet. This payment cap is a cumulative amount of payment that Buyer may not exceed under the contract and is equal to the product of the Purchase Price and the Maximum Contract Quantity, plus interest on late payments.

11-06-2018

FAQ-S&B-63
Q: Is Bidder Training done online and over the phone, or is it an in-person training?

Bidder Training is done online and over the phone, and not done in-person.  The Bidder Training consists of time set aside for Bidders to practice completing and submitting their Bid Forms.  The Procurement Administrator is available at that time to evaluate the Bid Forms and to answer questions.

The schedule for Bidder Training is provided in the attachment entitled “4 Invitation to Bidder Training” provided to you with your Part 1 Notification. Instructions for completing and submitting the Bid Form are provided in “2 Bid Form Guide”, also provided as an attachment to your Part 1 Notification. Finally, you must use the confidential information provided in the attachment 3a (with the yellow border) for access to the secure file transfer interface that you will use to submit your Bids.

11-06-2018

FAQ-S&B-64
Q: Suppose a Seller posts additional Performance Assurance so that the Delivery Term will start on May 31, 2022 when the Seller delivers the first REC. If the Project starts generating RECs in March 2022, can we bank the RECs generated between these two dates to use during the Delivery Term when we have a Shortfall Year?

You are incorrectly assuming that if the Seller posts sufficient additional Performance Assurance, then the Seller will have the option to deliver the first REC on May 31, 2022 and this is when the Delivery Term will start. The Delivery Term starts on the date that the first REC is issued by PJM EIS GATS or M-RETS. If the Seller posts sufficient Performance Assurance to satisfy the Increased Collateral Requirement, and the Project becomes operational in March 2022, then the Delivery Term starts once the first REC is issued thereafter. Please see Section 1.22.2 of the Master REC Agreement.

11-06-2018

FAQ-S&B-65
Q: Is there a penalty if a Seller submits increased collateral to extend the REC delivery deadline to May 31, 2022, but the Date of First Operation of the Project is after March 30, 2022?

The Date of First Operation is information that is required in the Part 1 Proposal as part of the information about the Project, along with information about site control and milestones achieved. The Date of First Operation appears in the REC Contract in that a Project must be “new” and thus it must be that its Date of First Operation did not occur on or before June 1, 2017. Assuming that the Project is new, deadlines for the Project under the REC Contract to become operational are deadlines for the first REC Delivery.

11-06-2018

FAQ-S&B-66
Q: Is a Project that is a Qualifying Facility under the Public Utility Regulatory Policies Act (“PURPA”) disqualified from participating in the Brownfield and Utility-Scale RFP?

The IPA understands that the provision in Section 1-75(c)(1)(J) of the Act which states “renewable energy credits shall not be eligible to be counted toward the renewable energy requirements of this subsection (c) if they are sourced from a generating unit whose costs were being recovered through rates regulated by this State or any other state or states on or after January 1, 2017” was generally intended to ensure that facilities owned by a vertically integrated utility, for which REC revenues may be incidental to building and financing the facility, would not be eligible. The IPA states in its Long-Term Renewable Resources Procurement Plan that “the Agency believes that being a Qualifying Facility under the Public Utility Regulatory Policies Act (“PURPA”) (and also meeting the other aspects of the requirements of the Illinois RPS), would not be disqualifying because the Qualifying Facility does not directly recover its costs through rates; rather, it is compensated for its energy at the purchasing utility’s avoided cost rate.”

Please consult Section 4.2 of the IPA’s Long-Term Renewable Resources Plan for an interpretation of this section of the Act and for the manner in which the IPA intends to establish whether a facility’s cost is or is not recovered through rates regulated by a state.

11-06-2018

The RFP Documents and the REC Contract are posted to the Final Materials page of the dedicated Brownfield and Utility-Scale Solar Procurement page of the procurement website here:

https://www.ipa-energyrfp.com/brownfield-and-utility-scale-solar/

11-12-2018

FAQ-S&B-68
Q: Can we reduce the size of the Project from what was submitted in the Part 1 Proposal?

The size of the Project as provided in your Part 1 Proposal cannot be revised at the Part 2 Proposal stage.  The amount of bid assurance collateral due is proportional to the size of the Project provided in your Part 1 Proposal and if you provide a lesser amount, your Proposal will be deficient and you may be unable to submit Bids.

Please note, however, that a Bidder does not commit to a MW size of the Project through its Proposal; rather, a Bidder commits in its Bid to delivering a given annual quantity under the terms of the REC Contract.

11-12-2018

FAQ-S&B-69
Q: Can you please extend the deadline for providing bid assurance collateral?

No, an extension is not possible. A Bidder must submit its Part 2 Proposal including bid assurance collateral, (but excluding Bids), by 12 PM (noon) on the Part 2 Date, which is November 14, 2018. Information and documents required by the Part 2 Proposal must be provided through the online Part 2 Form and bid assurance collateral must be submitted directly to each Company.

If on the Part 2 Date, a bidder submits information and documents through the online Part 2 form, but does not provide the bid assurance collateral, the Part 2 Proposal (excluding Bids) is deficient. The Procurement Administrator will send a first deficiency notice to the Bidder. The Bidder will have until 6 PM on the second business day following the business day during which a first deficiency notice is sent to the Bidder to respond.

11-12-2018

FAQ-S&B-70
Q: If we post Performance Assurance in the form of a letter of credit upon contract execution, can we choose to rely on a guarantor at a later date?

This is possible. If the Companies determine that the entity meets the minimum ratings necessary (BBB- from S&P, Baa3 from Moody’s, BBB- from Fitch) to serve as a Guarantor under the terms of the REC Contract, a guaranty may be executed at that time.

11-12-2018

FAQ-S&B-71
Q: Can a Seller that is not eligible for unsecured credit, and has a Project that is approved by the Commission, post a letter of credit as Performance Assurance under the REC Contract?

Yes. A Seller that is not eligible for unsecured credit under the REC Contract, and is not relying on the financial standing of a Guarantor, must post Performance Assurance in the form of a letter of credit or cash.

11-12-2018

FAQ-S&B-72
Q: Can a brownfield site PV project that connects to the local utility distribution system and operates as a qualifying facility qualify under the Brownfield and Utility-Scale Solar RFP?

Yes. The IPA understands that the provision in Section 1-75(c)(1)(J) of the Act which states “renewable energy credits shall not be eligible to be counted toward the renewable energy requirements of this subsection (c) if they are sourced from a generating unit whose costs were being recovered through rates regulated by this State or any other state or states on or after January 1, 2017” was generally intended to ensure that facilities owned by a vertically integrated utility, for which REC revenues may be incidental to building and financing the facility, would not be eligible. The IPA states in its Long-Term Renewable Resources Procurement Plan that “the Agency believes that being a Qualifying Facility under the Public Utility Regulatory Policies Act (“PURPA”) (and also meeting the other aspects of the requirements of the Illinois RPS), would not be disqualifying because the Qualifying Facility does not directly recover its costs through rates; rather, it is compensated for its energy at the purchasing utility’s avoided cost rate.”

Please consult Section 4.2 of the IPA’s Long-Term Renewable Resources Plan for an interpretation of this section of the Act and for the manner in which the IPA intends to establish whether a facility’s cost is or is not recovered through rates regulated by a state.

11-12-2018

FAQ-S&B-73
Q: If another entity is submitting cash as bid assurance collateral on our behalf, is it us (the Bidder) or the is it the other entity that will receive acknowledgment that the bid assurance collateral was received?

The Procurement Administrator will notify the Bidder when bid assurance collateral is received.

If possible, please include a note with the name of the Bidder in the wire transfer to help ensure that the Procurement Administrator recognizes that the Bidder has satisfied the bid assurance collateral requirements. We also remind you that if the “other entity” is also the entity to which cash will be returned, then any draft requests for the return of cash should be on the other entity’s letterhead.

11-13-2018

FAQ-S&B-74
Q: If we submit Pre-Bid Letters of Credit with the Part 2 Proposal, but ultimately decide not to submit a Bid, what happens to our Pre-Bid Letters of Credit?

The Pre-Bid Letters of Credit under the Brownfield and Utility-Scale Solar RFP expire as part of the terms on December 21, 2018, seventeen business days after the Bid Date. All bid assurance collateral remains in place until the Commission has rendered a decision on the results of the procurement event. After that time, you may submit an amendment to each of the Companies to change the expiration date.

11-13-2018

FAQ-S&B-75
Q: Can a different officer than the individual named as the Officer of the Seller in the Part 1 Proposal make the representations required in the Part 2 Proposal?

No, the Officer of the Seller whose contact information is provided in the Part 1 Proposal must make all representations required in the Part 1 Proposal and in the Part 2 Proposal for a Project.

If the Officer of the Seller named in the Part 1 Proposal is no longer available, the Bidder may name a new Officer of the Seller. This new Officer of the Seller must make all representations required in the Part 2 Proposal and must make all representations required in the Part 1 Proposal also. Thus the Bidder would be required, in its Part 2 Proposal, to re-submit the following materials from the Part 1 Proposal:

  • the name, title, and full contact information (address, phone number(s), and e-mail address) of the Officer of the Seller by email to Illinois-RFP@nera.com or in Section 6. Justification of Omissions in the online Part 2 form;
  • the P1 Project Certifications Insert (#P1-4) signed by the newly named Officer of the Seller by email to Illinois-RFP@nera.com or upload to Section 6. Justification of Omissions in the online Part 2 form; and
  • the P1 Seller Certifications Insert (#P1-5) signed by the newly named Officer of the Seller by email to Illinois-RFP@nera.com or upload to Section 6. Justification of Omissions in the online Part 2 form.
11-13-2018

FAQ-S&B-76
Q: The REC Contract specifies that excess RECs are the “exclusive property of Seller” and may be “utilized in Seller’s sole discretion”. Does this mean that a seller may monetize excess RECs by selling them to a third party (assuming that it is not a shortfall year)?

That is correct. Any RECs generated by the Project in excess of the Delivery Year Requirement in any delivery year during the delivery term are the exclusive property of Seller, to be utilized in Seller’s sole discretion.

11-26-2018

FAQ-S&B-77
Q: Is it possible that the RECs from our Project would “age out” so they cannot be utilized by a third party?

The response depends not only on Illinois law but also on the use to which the third party puts the RECs and thus the question cannot be answered in the abstract. For example, the third party could use the RECs for compliance with renewable portfolio standards in another state that limits the vintage of RECs that can be used (even if no such limitations exist for satisfying the renewable portfolio standards in Illinois at present).

11-26-2018

FAQ-S&B-78
Q: Can excess RECs produced by our Project in the first year be used in any subsequent year to offset a production shortfall?

That is correct. Any RECs generated by the Project in excess of the Delivery Year Requirement in any delivery year during the delivery term can be “banked”, i.e., delivered during any subsequent delivery year to satisfy such subsequent Delivery Year Requirement.

11-26-2018

FAQ-S&B-79
Q: Is there still time to provide comments on the Post-Bid Letter of Credit?

A Bidder may, in its Part 1 Proposal, provide comments on or propose modifications to the Post-Bid Letter of Credit drawn for the benefit of a Company. The Part 1 Window has closed, and the documents provided on November 12, 2018 will not be reviewed. The final lists of acceptable modifications to the Post-Bid Letter of Credit (Option 1) and the Post-Bid Letter of Credit (Option 2) are available on the Final Materials page of the designated Brownfield and Utility-Scale Solar section of the procurement website.

11-26-2018

FAQ-S&B-80
Q: Can we change the Seller named in the Part 1 Proposal? Are assignments possible under the REC Contract?

The Seller named in the Part 1 Proposal must be the counterparty to all three (3) Companies for delivery of RECs from the Project.
Assignments are possible under the REC Contract. Generally, the Seller may not assign the REC Contract without the prior written consent of the Buyer, which shall not be unreasonably withheld. However, consent of the Buyer is not required for transfer or assignment to an Affiliate of the Seller if the Affiliate’s creditworthiness is equal to or higher than that of the Seller on the Effective Date. The full conditions under which an assignment can occur are provided in Section 9.2, as amended on the cover sheet (page 18 of the REC Contract as posted on October 15, 2018).

11-26-2018

FAQ-S&B-81
Q: If we have a Project with an approved Bid, will the cash we posted as bid assurance collateral be returned before we post Performance Assurance under the REC Contract?

No. Under the Brownfield and Utility-Scale RFP, each Company initiates the return of the posted cash, for a Seller that has a Project with an approved Bid, once: (1) you have fully executed the REC Contract and provided any required Performance Assurance; (2) you have paid the Supplier Fee to the IPA; and (3) the Company has received an acceptable executed request for the return of cash on the letterhead of the entity to which cash is returned and for which a W‐9 is provided.

11-27-2018

FAQ-S&B-82
Q: What are the addresses for the beneficiaries for the post-bid letter of credit?

If the Commission approves the Bid for a Project, the Procurement Administrator allocates the quantity of RECs selected by the evaluation procedure to each Company. The beneficiary information for each Company for the post-bid letter of credit is provided below:

Managing Supervisor
Credit Risk Management
Attention: Tim Moloney
Ameren Services
1901 Chouteau Avenue, MC 960
St. Louis, MO 63103
(telephone: 314.613.9139)

Scott Vogt
Vice President, Energy Acquisition
Commonwealth Edison Company
1919 Swift Drive
Oak Brook, IL 60523-1502
(telephone: 630.684.3558)

Christy Harger
Director, Risk Management Finance/Accounting
MidAmerican Energy Company
4299 NW Urbandale Drive
Urbandale, IA 50322
(telephone: 515.281.2773)

11-27-2018

FAQ-S&B-83
Q: Is it allowable to post cash as Performance Assurance and then replace this cash with a letter of credit at a later date?

Yes, it is acceptable to first post cash and then replace the cash with a letter of credit at a later point.

11-27-2018

FAQ-S&B-84
Q: Can we submit different prices associated with multiple quantities of RECs from a single Project?

No, this is not acceptable. For a Project, a Bid includes one (1) price per REC for one (1) annual quantity of RECs that the Seller is offering to deliver under the terms of the REC Contract between the Company and the Seller.

11-27-2018

FAQ-S&B-85
Q: If the Commission approves the Bid for a Project, how will the Procurement Administrator allocate the quantity of RECs selected to each Company?

If the Commission approves the Bid for a Project, the Procurement Administrator allocates the quantity of RECs selected by the evaluation procedure to each Company (29.33% to AIC, 70.34% to ComEd, and 0.33% to MEC, subject to rounding).

11-28-2018

FAQ-S&B-86
Q: After we execute the REC Contract, are we required to provide updates to the site description, including the map, as the project site evolves?

No, it is not required to update the site description provided with the Proposal in the future. With each REC delivery, the Seller will be required to represent that at least 50% of the Project is located within the physical location identified in the Proposal.

12-03-2018

FAQ-S&B-87
Q: I noticed that no RECs were procured from brownfield site photovoltaic projects in the latest procurement event. What was the basis for this decision and how could such an outcome arise?

Each bid in the Brownfield and Utility-Scale Solar RFP consists of a) a proposed quantity of RECs to be delivered annually from the project (based on the project’s nameplate capacity) as well as b) a price to be paid to the Seller for each REC delivered.  Given that the two project types are subject to separate statutory definitions and separate procurement targets under the law, brownfield site photovoltaic projects and utility scale photovoltaic projects were evaluated independently from each other.

For competitive procurement events (such as the brownfield site and utility-scale photovoltaic procurement) Section 1-75(c)(1)(D) of the IPA Act requires that proposed REC prices cannot exceed benchmarks based on market prices or other publicly available data for the region.  Benchmarks are established by the Procurement Administrator, in consultation with the IPA, the Procurement Monitor, and the Staff of the Illinois Commerce Commission, and are subject to the review and approval of the Commission.  Benchmark prices are specific to each category of product being procured, and to protect the integrity of the IPA’s competitive procurement processes, all aspects of the benchmark development process (including the resulting benchmark prices) are treated as confidential.

Consequently, each bid submitted must first meet or beat the benchmark price applicable to that category before proceeding to evaluation.  Bids not exceeding the benchmark price for that category are then ranked in order of price per REC, starting with the lowest price, until the annual REC delivery target for that category is met or until all bids that meet or beat the benchmark price have been ranked.  These bids are selected and identified by the Procurement Administrator to the Commission as winning bids.

12-07-2018

FAQ-S&B-88
Q: Will the number of Bids submitted in the Brownfield and Utility-Scale Solar RFP be made public?

The results of the Brownfield and Utility-Scale Solar RFP were released in accordance with the Section 15-111.5(h) of the Public Utilities Act and Prior Commission Orders and no other information will be made public.

12-11-2018

FAQ-S&B-89
Q: Will there be another solicitation scheduled for RECs from brownfield site photovoltaic projects or will the target of 80,000 RECs be added to an already planned solicitation?

While the Long-Term Renewable Resources Procurement Plan (“Plan”) does not have specific provisions for this contingency, the IPA is currently considering options related to a potential subsequent procurement.

12-11-2018


General FAQs
Click on the question to see the answer:

FAQ-Gen-1
Q: How soon after a request to access the online form are login credentials issued by the Procurement Administrator?

Participants that request an account for the first time receive their login credentials generally within two (2) business days of making a request. When requesting an account for the first time, participants should ensure that they select the procurement event to which they want to submit a Proposal at the top of the web form.  If you cannot locate those login credentials, please request that they be re-issued by contacting the Procurement Administrator via email at Illinois-RFP@nera.com. Please include your name, phone number, company name, and email address in your communication to us.

Returning bidders can use the same login credentials that were issued to them in a prior procurement event.  If you cannot locate those login credentials, please request that they be re-issued by contacting the Procurement Administrator via email at Illinois-RFP@nera.com. Please include your name, phone number, company name, and email address in your communication to us.

02-27-2017

FAQ-Gen-2
Q: Can we use the “ask a question” form to ask general questions or only to ask information specifically about the procurement events?

This website is for the IPA’s procurement events of electric supply and renewable energy products.  The “ask a question” form is expected to be used by suppliers that are looking for information relevant to their participation in these procurement events. While we respond to all stakeholders that submit questions, we do not respond to general questions or provide general information that is not specific to the IPA’s procurement events.

02-27-2017

FAQ-Gen-3
Q: Where can I find the results from previous RFPs?

Results are posted to the top of each archived RFP page here:
https://www.ipa-energyrfp.com/previous-rfps/

Results are also posted to the Illinois Commerce Commission website here:
https://www.icc.illinois.gov/electricity/workshops/

02-27-2017

FAQ-Gen-4
Q: Where can I find information regarding past RFPs?

Up to procurement events from 2012, links to the RFPs are provided in two columns, one for ComEd and one for Ameren Illinois, at this link:

https://www.ipa-energyrfp.com/previous-rfps/

For the procurement events from 2014 onward, links to the RFPs are provided for all participating utilities at the top of this page:

https://www.ipa-energyrfp.com/previous-rfps/

For instance, the information related to the 2015 energy and capacity procurements are here:

https://www.ipa-energyrfp.com/2015-standard-products-section/

02-27-2017

FAQ-Gen-5
Q: Will there be a further procurement event under the Supplemental Photovoltaic Procurement Plan? What are other renewable energy procurements are planned thus far for 2017?

The Supplemental Photovoltaic Procurement Plan developed by the IPA and approved by the Illinois Commerce Commission allows for a possible fourth procurement event in Spring 2017, called the Supplemental Photovoltaic Contingency Procurement. The Agency has determined that it is not necessary to conduct a Supplemental Photovoltaic Contingency Procurement.

The following renewable energy procurement events for 2017 are planned and tentative schedules have been released:

  • Two procurements for distributed renewable generation resources on behalf of Ameren Illinois, ComEd, and MidAmerican pursuant to the Agency’s 2017 Procurement Plan. The first of these procurement events is planned for this Spring and the schedule is available here:

   https://www.ipa-energyrfp.com/calendar/

  • Once Public Act 99-0906 becomes effective on June 1, 2017, the IPA expects to conduct an initial forward procurement event for Wind/Solar in summer 2017. The expected schedule, which is provided here:

   https://www.illinois.gov/sites/ipa/Documents/2017-Schedule-Announcement.pdf

   has bidder registration beginning June 22, 2017 and a Bid Date of August 10, 2017.

Additional forward solar procurement events will be scheduled at a later date. All such schedules will be posted to the Calendar page of the procurement website.

If you have not already done so, we suggest that you complete the form to Register to receive updates and information regarding the RFPs. These updates will include announcements of upcoming procurement events.

02-28-2017

FAQ-Gen-6
Q: If two affiliates participate in different procurement events in a given year, do they pay a single bid participation fee or would each entity pay its own bid participation fee?

The two entities would be submitting separate proposals for different procurement events and each entity would pay its own bid participation fee.

03-02-2017

FAQ-Gen-7
Q: Is there information available at this point on how the programs to be held under Public Act 099-0906 will be implemented?

At this time, there is no implementation information regarding the programs to be held under Public Act 099-0906. This Act was signed into law on December 7, 2016 and will go into effect on June 1, 2017. The link below is to the bill itself:

http://www.ilga.gov/legislation/publicacts/99/PDF/099-0906.pdf

03-09-2017

FAQ-Gen-8
Q: How can we contact the Procurement Administrator by phone?

If you wish to speak to the Procurement Administrator, please send us an email with the topic of your question and your phone number. The appropriate individual from the Procurement Administrator will give you a call at the number you provided.

03-20-2017

FAQ-Gen-9
Q: Can you provide an overview of the product from the 2016 capacity procurement event for Ameren Illinois Company (“AIC”)? Were bidders required to identify the capacity resources as part of the RFP?

Under the 2016 capacity procurement event for AIC, there was no requirement for identifying resources within the proposal submitted in response to the Standard Products RFP. However, the winning bidder was responsible for the registration of the Planning Resources in MISO and for all obligations associated with such Planning Resources to ensure that the Zonal Resource Credits (“ZRCs”) delivered to AIC have good and marketable titles.

The product for bid was annual ZRCs, as such term is defined in MISO’s Business Practice Manuals and MISO’s Open Access Transmission, Energy and Operating Reserve Market Tariff for a given planning year. A target of ZRCs to be procured was established as a given percentage of AIC’s requirement in that planning year.   A winning bidder would be required to deliver the contracted quantity of ZRCs by submitting the appropriate transactions in the Module E Capacity Tracking Tool. The amount paid to the winning bidder was the average of the winning bidder’s own approved Bids for all ZRCs in that planning year, in $/MW-Day, multiplied by the number of ZRCs delivered, multiplied by the number of calendar days in the Planning Year. If any of the ZRCs were not located in Local Resource Zone 4, which is the zone in which AIC capacity obligations reside, the payment to the winning bidder was adjusted as follows. If the clearing price of the MISO Planning Resource auction for LRZ 4 was greater than the clearing price of source zone for the ZRCs, then the payment would be reduced by the difference in the clearing prices between the two zones multiplied by the quantity of ZRCs. Conversely, if the clearing price of the MISO Planning Resource auction for LRZ 4 was less than the clearing price of source zone for the ZRCs, then the payment would be increased by the difference in the clearing prices between the two zones multiplied by the quantity of ZRCs.

03-23-2017

FAQ-Gen-10
Q: Is information available regarding the Fall 2017 AIC capacity procurement event? What are the changes that are expected compared to the Fall 2016 AIC capacity procurement event?

Information regarding the Fall 2017 AIC capacity procurement event is not yet available. The 2017 Procurement Plan does not propose changes to the process that was used for the Fall 2016 AIC capacity procurement event, for which documents are available under the “Previous RFP” section of the procurement website (in the Fall 2016 Standard Products RFP).

03-23-2017

FAQ-Gen-11
Q: Is there a REC RFP this year in the same format as was used in the last two years?

There is no procurement event planned for 2017 using the exact format of the REC RFP From the past two years.  Please see the tentative schedule of the IPA for other renewable energy events:

https://www.illinois.gov/sites/ipa/Documents/2017-Schedule-Announcement.pdf

04-02-2017

FAQ-Gen-12
Q: Will my login credentials change in the Fall for a procurement event under the same RFP?

The Procurement Administrator will provide login credentials for the Fall RFP a day prior to the opening of the Part 1 Window. We will confirm at that time either that the login credentials will remain the same or provide you with updated credentials.

04-03-2017

FAQ-Gen-13
Q: Is there a target for the Initial Forward Wind/Solar RFP scheduled for Q3 of 2017?

This information is not yet available. When available, the information will be posted to the procurement website and may be sent in an announcement to website registrants. You can register to receive announcements from the Procurement Administrator here:

https://www.ipa-energyrfp.com/contact-us/register/

04-03-2017

FAQ-Gen-14
Q: Where are the materials from the workshops held by the IPA posted and will these include recordings of the workshops?

All materials from the workshops held by the IPA will be posted to the Illinois Power Agency’s (“IPA”) website at: https://www.illinois.gov/sites/ipa/. These materials include the presentations but not recordings of the workshops.

05-17-2017

FAQ-Gen-15
Q: Will the utilities be purchasing energy or capacity in addition to the RECs through the Wind and Solar Initial Forward Procurements?

No, the Initial Forward Procurements will only procure RECs.

05-17-2017

FAQ-Gen-16
Q: Can you please provide the addresses for the procurement website and for the IPA’s website?

You can access the procurement website at: https://www.ipa-energyrfp.com/.  You can access the IPA website at: https://www.illinois.gov/sites/ipa/Pages/default.aspx.

06-13-2017

FAQ-Gen-17
Q: Where can I find information regarding the workshops held by the Illinois Power Agency in May?

All publicly available information regarding the Illinois Power Agency Workshops held on May 10, May 17, May 18, and May 24 can be found on the Renewable Resources tab of the IPA’s website:
https://www.illinois.gov/sites/ipa/Pages/RenewableResourcesWorkshops.aspx

06-25-2017

FAQ-Gen-18
Q: Are the questions submitted via this portal public or private?

The Procurement Administrator responds to questions directly to the questioner. The question and answer are then posted to the FAQs page of the procurement website so that all interested parties have access to the same information. Aspects of the question and/or answer that might identify the questioner are removed before posting, to the extent practicable.

08-04-2017

FAQ-Gen-19
Q: Does the Procurement Administrator make available the slides from bidder information webcasts?

Yes, for each procurement event for which a bidder information webcast is held, the presentation and audio recording are posted to the Final Materials page of the applicable section of the website.

09-18-2017

FAQ-Gen-20
Q: Are the responses for questions asked during the bidder information webcast posted to the website?

Yes, questions received during the bidder information webcast and responses provided are posted to the FAQ page of the IPA procurement website under the appropriate section for the RFP.

09-18-2017

FAQ-Gen-21
Q: Has a schedule been announced for future procurements of utility-scale solar? If not how can I get information in the future?

No schedule has yet been announced for future procurements of utility-scale solar. The Fall Utility DG RFP is for systems limited in size to 2 MW.  Please see:

https://www.illinois.gov/sites/ipa/Pages/Plans-Under-Development.aspx

for information about the IPA’s plan under development. You may also register to receive announcements from the Procurement Administrator by registering here:

https://www.ipa-energyrfp.com/contact-us/register/

09-26-2017

FAQ-Gen-22
Q: If we are unable to meet a deadline set by the Procurement Administrator because of special, extraordinary circumstances, how should we proceed?

Please contact the Procurement Administrator if you will not be able to meet a deadline because of special and extraordinary circumstances.

10-04-2017

FAQ-Gen-23
Q: How can I register to receive announcements about upcoming RFPs?

To receive updates and information regarding the RFPs, please use our automated form to register to our mailing list here:

https://www.ipa-energyrfp.com/contact-us/register/

10-11-2017

FAQ-Gen-24
Q: Are details available on the Adjustable Block Program?

The Illinois Commerce Commission (“Commission”) will render a decision on the Adjustable Block Program proposed as part of the Illinois Power Agency’s Long-Term Renewable Resources Procurement Plan (“LTRRPP”), and this decision is expected on April 3, 2018. The Commission may change in whole or in part the proposal made by Illinois Power Agency with regard to the Adjustable Block Program.

The details of the Adjustable Block Program will not be provided on this website once the Commission renders its decision and the Procurement Administrator will not respond to questions in this regard. Please refer to the IPA’s website, https://www2.illinois.gov/sites/ipa/Pages/default.aspx, where the LTRRPP as approved by the Commission will be posted once it becomes available.

02-02-2018

FAQ-Gen-25
Q: Are details available on the Low-Income Community Solar Pilot program?

The Low-Income Community Solar Pilot project is proposed as part of the Illinois Power Agency’s Long-Term Renewable Resources Procurement Plan (“LTRRPP”). The Illinois Commerce Commission (“Commission”) will render a decision on the LTRRPP and this decision is expected on April 3, 2018. The Commission may change in whole or in part the proposal made by Illinois Power Agency with regard to this pilot project.   Details on this pilot project are not yet available.

02-02-2018

FAQ-Gen-26
Q: Are there procurement events that offer REC payments for terms longer than five years?

The contracts under the 2017-2018 Initial Forward Procurements, which encompasses the Summer 2017 Wind and Solar RFP and the two procurement events under the Spring 2018 New Solar RFP, are for a 15 year term. The second procurement event under the Spring 2018 New Solar RFP will begin with a webcast on Thursday, March 29, 2018. Additional information is available on the New Solar tab of the procurement website.

Prior to these procurements, the Illinois Power Agency held a long-term renewable energy procurement in 2010 for 20-year contracts. Additional information on this RFP is available here:

http://www.comed-energyrfp.com/2010-RFP/ltdocuments.asp

03-22-2018

FAQ-Gen-27
Q: Are there programs for novel energy efficiency products at ComEd?

While we are still waiting for further information and we may supplement this response at a later time, we draw your attention to ComEd’s custom incentive program for energy efficiency:

https://www.comed.com/WaysToSave/ForYourBusiness/Pages/Custom.aspx

03-23-2018

Your question appears to pertain to the Adjustable Block Program proposed as part of the Illinois Power Agency’s Long-Term Renewable Resources Procurement Plan (“LTRRPP”).  The Illinois Commerce Commission (“Commission”) released its Final Order on the LTRRPP on April 3, 2018 approving this program. The IPA will post its final Long-Term Renewable Resources Procurement Plan in the coming weeks and will release additional information about this program on its website: https://www2.illinois.gov/sites/ipa/Pages/default.aspx.

The details of the Adjustable Block Program will not be provided on this website and the Procurement Administrator will not respond to questions in this regard.

07-09-2018

FAQ-Gen-29
Q: Will there be opportunities for Community Solar to participate in the Illinois Power Agency’s Adjustable Block Program?

There will be opportunities for Community Solar to participate in the Illinois Power Agency’s Adjustable Block Program. The IPA will post its final Long-Term Renewable Resources Procurement Plan in the coming weeks and will release additional information about this program on its website: https://www2.illinois.gov/sites/ipa/Pages/default.aspx.

The details of the Adjustable Block Program will not be provided on this website and the Procurement Administrator will not respond to questions in this regard.

07-09-2018

FAQ-Gen-30
Q: Can you provide a list of preferred SREC brokers?

The purpose of this website is to provide information to suppliers participating in the IPA’s procurement event.  We do not have a list of preferred brokers. The Illinois Solar Energy Association has information for homeowners generally: http://www.illinoissolar.org/Procurement

07-09-2018

Please see the Illinois Commerce Commission website (Docket 17-0838) for scheduling and procedural information related to the IPA’s Long-Term Renewable Resources Procurement Plan.

07-10-2018

FAQ-Gen-32
Q: Are there any competitive procurements currently scheduled for 2019?

There are currently no competitive procurements scheduled for 2019. If you have not already done so, please join our mailing list to receive updates and announcements regarding RFPs announced on this website by completing the form here:

https://www.ipa-energyrfp.com/contact-us/register/

12-03-2018