CMC-5: In relation to the Carbon Mitigation Credits RFP, we understand that there was a comment process that was held to solicit comments on the CMC Contract. Is there a negotiation process between the utility counterparty and bidders for additional changes to be considered and are we still able to make changes to the CMC Contract posted on November 15, 2021?

Thank you for your inquiry.  In accordance with Section 1-75(d-10)(3)(F) of the Illinois Power Agency Act (20 ILCS 3855), “[t]he procurement and plan approval processes required by this paragraph (3) shall be conducted in conjunction with the procurement and plan approval processes required by Section 16-111.5 of the Public Utilities Act, to the extent practicable.”  Section 16-111.5(e)(2) of the Public Utilities Act (220 ILCS 5) addresses the development and finalization of the underlying delivery contract (in this case, for the delivery of carbon mitigation credits), and the Procurement Administrator, in consultation with the Illinois Power Agency, Illinois Commerce Commission Staff, the Procurement Monitor, and the affected utility counterparty, developed and finalized the CMC Contract pursuant to this process.  This process has been and continues to be utilized for the development and finalization of energy supply contracts, capacity supply contracts, renewable energy credit delivery contracts, zero emission credit delivery contracts, and other such agreements.

As required under this process, all comments submitted by interested parties on the CMC Contract were reviewed and duly considered.  As required under Section 16-111.5(e)(2), contract terms “shall not be subject to negotiation by winning bidders,” and any bidders “must agree to the terms of the contract in advance.”  At this time, the CMC Contract posted on November 15, 2021 is final and non-negotiable, and no changes can be made to the CMC Contract.