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

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