Q&A
The Procurement Administrator will endeavor to answer all submitted questions in a timely and professional manner in accord with the goals of the RFP process. Questions will be answered by the Procurement Administrator in the order they are received, except in those cases where a specific question requires additional consideration, thereby extending the response period.
Submit a Question
General
#G30: Can you advise on the ratings for Illinois Power Company?
Moody's: Ba1 issuer rating (no notching) S&P: BB issuer rating (receives a one-notch discount, so rating is BB-) Fitch: BBB- senior unsecured debt
Applicable rating for Illinois Power is the lower of the highest two, which is the Ba1 from Moody's.
(Posted 4/11/08)
#G29: If the entity does not have a senior unsecured long-term debt rating, the issuer rating is used. For S&P and Fitch the credit rating is discounted one notch. How does notching affect a rating from Moody's?
As indicated in the proposed contract, the issuer rating from Moody's is not subject to a one-notch discount. This is because Moody's defines its issuer rating as follows: "Issuer Ratings are opinions of the ability of entities to honor senior unsecured financial obligations and contracts." Since the Moody's issuer rating is essentially the equivalent of a senior unsecured debt rating, there is no need to notch.
(Posted 4/11/08)
#G28: What are the Docket Nos. in "'Procurement' shall mean (i) the solicitation and evaluation of bids and (ii) the execution of contracts for standard wholesale energy products pursuant to the Procurement Plan for the period June 2008 - May 2009, as proposed by the Ameren Illinois Utilities and approved by the Commission in Docket Nos. XXX."?
The ICC docket number for the AIU Procurement Plan is 07-0527.
(Posted 3/7/08)
#G27: With the Ameren Illinois Utilities rated below investment grade, what performance assurance is available to the winning bidder?
The Ameren Illinois Utilities have the option to either (i) provide a letter of credit or other acceptable security to the seller or (ii) provide a corporate guarantee from a credit-worthy parent Guarantor.
(Posted 3/3/08)
#G26: If a qualified bidder wins a bid, how long must the letter of credit remain in effect?
The pre-bid letter of credit will be returned to winning bidders as soon as a binding contract is executed and any required performance assurance is provided.
(Posted 3/3/08)
#G25: What happens to the letter of credit provided by a pre-qualified bidder that does not win a bid? Is the letter of credit returned? When?
The pre-bid letter of credit will be returned to losing bidders soon after the winning bidders are notified, but in no case later than March 26th for energy swaps or April 11th for capacity.
(Posted 3/3/08)
#G24: What are the dates when the retail generation rates will be made public?
The Ameren Illinois Utilities will file rates 2 business days after the ICC approves the results of the procurement event. The REC’s RFP is scheduled as the last of the products to be procured and ICC approval of the REC results will finalize the procurement event. Based on the current schedule the filing should be made during the week of April 21st.
(Posted 3/3/08)
#G23: Please explain the purpose of the Pre-Bid Letter of Credit.
The purpose of the pre-bid letter of credit is to assure that winning bidders will execute a binding agreement to provide the offered product.
(Posted 3/3/08)
#G22: How will credit be established with unrated entities?
An unrated entity has two choices: (i) A Guarantor with investment grade ratings will have a Threshold amount (for energy swaps) or Collateral Threshold (for capacity) amount established for the purpose of providing a corporate guarantee for theentity. If the credit requirement exceeds the corporate guarantee, theremainder would have to be met by an irrevocable letter of credit or
other acceptable security. (ii) The unrated entity can provide an irrevocable letter of credit or
other acceptable security for the entire credit requirement.
(Posted 3/3/08)
#G21: Can the $500 Bidder Fee be submitted by credit card?
No, the Bidder Fee can only be submitted by certified check or wire transfer.
(Posted 2/28/08)
#G20: Who should the check for the $500 Bidder Fee be made out to?
Checks for the $500 Bidder Fee should be made out to "Levitan & Associates, Inc.
(Posted 2/28/08)
#G19: What is the fax number for submitting Pre-Qualification Applications and other procurement documents?
The fax number for submitting all procurement-related documents is 617-531-2826.
(Posted 2/28/08)
#G18: Will prospective bidders be notified of changes to the procurement schedule?
Yes. Changes to the schedule will be posted to the procurement web site and a notification email will be sent to mailing list subscribers and parties who have submitted pre-qualification documents.
(Posted 2/28/08)
#G17: Is the presentation from the Energy & Capacity Bidder Information Session available for download?
Yes. The Bidder Information Session presentation can be downloaded here.
(Posted 2/28/08)
#G16: If a bidder is not able to submit the Bidder Fee by 5:00 pm CPT on February 29th, does that exclude them from participating?
No. Bidder fees will be accepted through 5:00 pm CPT on Monday, March 3rd. If additional time beyond Monday is
needed please contact Sara Pierce at 617-531-2818 ext. 15. (Posted 2/28/08)
#G15: Is there any benefit to bidders to submitting comments to the contract in advance of the deadline?
All comments will be reviewed together after the submission deadline for each RFP's contract documents. (Posted 2/28/08)
#G14: Section 5.3.3 of the Energy RFP asks for a certification that the bidder is not part of a JV or participating with another bidder. How/Where can the bidder certify this?
The Non-Collusion form will be distributed to pre-qualified bidders as part of the Bidder Registration package. It does not need to be submitted with the Pre-Qualification Application. (Posted 2/28/08)
#G13: Acrobat Reader does not allow form entries to be saved. Is it possible to post another version of the Pre-Qualification Application that will permit saved entries?
An Excel version of the Pre-Qualification Application has been posted to the Procurement Information page. This file can be used for both electronic and hard copy submissions if the PDF version of the form does not work for you. Also, if more room is needed for an answer than is provided, a note can be made on the form: "See insert/exhibit #[]" and a second file with additional material can be submitted along with the Pre-Qualification Application, either electronically or as a hard copy. (Posted 2/27/08)
#G12: Are the ISDA and EEI negotiable or "As Is"?
Comments which are submitted by the deadlines will be considered when finalizing the contract documents, but the final documents as distributed on March 7th (Energy) and March 17th (Capacity) will be non-negotiable. (Posted 2/27/08)
#G11: Can bidders post cash in place of the Pre-Bid Letter of Credit?
Section 5.6, Bidder Registration, of the Energy RFP requires pre-qualified bidders to provide to the Ameren Illinois Utilities a pre-bid irrevocable letter of credit (ILOC) in the amount of $250,000. The RFP also specifies the form, date, and validity period for the ILOC. Ameren has not established a procedure or rules for accepting cash or other collateral in place of the pre-bid ILOC. The Procurement Administrator does not consider the ILOC requirement unduly burdensome for bidders. Therefore cash or other collateral cannot be provided as a substitute for the pre-bid ILOC. Please note that the credit and security requirements for any winning bidder, described in section 5.8, Notification and Award, of the Energy RFP, remain unchanged. (Posted 2/27/08)
#G10: How should the $500 Bidder Fee be submitted?
The Bidder Fee can be submitted to Levitan & Associates, Inc. via certified check (to Levitan & Associates, Inc., Attn: John Bitler, 100 Summer Street, Suite 3200, Boston, MA 02110) or wire transfer. Wire transfer instructions can be requested by emailing aiurfp@levitan.com. (Posted 2/27/08)
#G9: If a bidder is submitting a Pre-Qualification Application for both the Energy and Capacity RFPs, do they need to pay only one Bidder Fee, or two?
A single Bidder Fee is required per Pre-QUalification Application, therefore only one $500 Bidder Fee is required. (Posted 2/27/08)
#G8: If a bidder is interested in responding to both the Energy and Capacity RFPs, how many Pre-Qualification Applications are required?
The same Pre-Qualification Application can be used for both the Energy and Capacity RFPs, therefore only one Application is needed even if a bidder plans to respond to both RFPs.
(Posted 2/27/08)
#G7: In the schedule I see that the "Credit Application" is due 2/29. I see a "Bidder Pre-Qualification Application" in the documents. Are these the same document?
Yes. The "Credit Application" and the "Bidder Pre-Qualification Application are the same document, which is due on 2/29 for the Energy and Capacity RFPs. (Posted 2/25/08)
#G6: How should Pre-Qualification Applications be submitted?
Pre-Qualifications can be submitted via e-mail (aiurfp@levitan.com), fax (617-531-2816), courier
(Levitan & Associates, Inc., Attn: John Bitler, 100 Summer Street, Suite 3200, Boston, MA, 02110) or through the website here. (Posted 2/25/08)
#G5: How will bids that contain prices for multiple blocks be evaluated? Will any contingent bids be accepted?
Since no contingent bids are permitted, each 25 MW block bid (energy) or 10 MW block bid (capacity) will be treated as a separate bid and evaluated accordingly. If multiple blocks are bid at the same price, these bids will be treated as divisible, each block will be evaluated as a separate bid which can be accepted or rejected independently. (Posted 2/21/08)
#G4: If a Bidder operated under an agency arrangement with several principals, will the credit evaluation be based on all of the principals or just the lowest rated entity?
The credit evaluation will be based on the lowest rated entity. (Posted 2/21/08)
#G3: Where can I find the Bidder Pre-Qualification Application? Is there a separate application for the Energy RFP vs. the Capacity RFP?
The Bidder Pre-Qualification Application has been posted to the Procurement Information page, and can be downloaded here. This form is to be used for each of the RFPs. If a bidder intends to bid on more than one product, and the same information applies to all bids, only one copy of this application need be submitted. Bidders should check the appropriate box(es) on the Authorized Signature worksheet. (Posted 2/18/08)
#G2: In order to process the Bidder Fee an IRS Form W-9 may be needed, how can this form be obtained?
W-9 Forms are available to bidders upon request. Please email aiurfp@levitan.com to request a Form W-9. (Posted 2/15/08)
#G1: Can a broker represent a party on this RFP for purposes of anonymity without applying under the broker's credit?
No. Prospective bidders must be identified for the purposes of submitting pre-qualitication application materials.
(Posted 2/15/08)
Energy RFP
#E18: Are the results of the Energy RFP available?
Yes, general information about the Energy RFP results was released by the ICC and can be downloaded here.
(Posted 3/26/08)
#E17: In regards to the Letter of Credit, why aren't the more recent regulations of UPC 600 and the 2007 regulations (rather than 1998) used?
UCP 600 (and its predecessor UCP 500) are both used primarily for documentary credits (i.e. used for payment obligations for cross-border, trans-ocean type transactions), whereas ISP98 was specially created for standby letters of credit (i.e. letters of credit posted as security in the event a "drawing event" occurs). So, since our letter of credit is a standby letter of credit, it seems to make much more sense to use the ISP98.
(Posted 3/13/08)
#E16: Friday the 21st is Good Friday and Financial Markets will be closed. Will this have any effect on the energy procurement schedule?
Due to the Good Friday holiday, Levitan & Associates, Inc., anticipates but cannot guarantee that the date for notification of the winning bidders will be Thursday March 20, 2008 by 2 pm EDT. While required by the Illinois Public Utilities Act to provide confidential reports to the Illinois Commerce Commission within two business days (such reports to contain the results of bidding and recommendations for acceptance or rejection), both Levitan & Associates, Inc. and the Procurement Monitor (Boston Pacific Company, Inc.) are committing to provide these reports on Tuesday, March 18, 2008 (i.e., within only one business day). According to the Illinois Public Utilities Act, "The Commission shall review the confidential reports submitted by the procurement administrator and procurement monitor, and shall accept or reject the recommendations of the procurement administrator within 2 business days after receipt of the reports." Thus, if such reports are received on Tuesday, March 18, the Commission would be statutorily bound to issue its decision by Thursday, March 20. Levitan & Associates, Inc. notes that the Commission has scheduled Special Open Meetings for Wednesday, March 19, at 1:30 PM, Thursday, March 20, at 10:00 AM, and Friday, March 21, at 10:30 AM.
(Posted 3/13/08)
#E15: Please confirm that the Peak Definition in this RFP is consistent with the Midwest ISO OATT which states the peak hours are HE 0700 to HE 2200 EST.
According to NYMEX, the power markets trade MISO electricity using the market convention of eastern prevailing time that is used to define peak and off-peak time blocks for all other eastern markets, a convention that is also used for the futures contracts. For the futures contracts, peak hours are from the hour ending (HE) 0800 to HE 2300, eastern prevailing time. Peak days are Mondays through Fridays, excluding North American Electric Reliability Council (NERC) holidays. Please refer to the following link for a further explanation: http://www.nymex.com/misohrs.aspx.
(Posted 3/11/08)
#E14: Is there a maximum number of blocks that a bidder can win, i.e., is there a load cap?
Bidders may bid for any or all Products in 25-MW blocks up to the full quantity to be procured for each Product.
(Posted 3/11/08)
#E13: Can the Procurement Administrator notify bidders that they are part of the recommended winning group on March 19th, the same day that the report is submitted to the ICC? This would provide bidders the option of hedging in advance of final ICC approval or rejection on March 21st, and could reduce the volatility premium in the bids.
Please see #E15 for additional information on this question.
While we understand the advantage of being notified on the day we submit the report to the ICC, winning bidders will not be notified until March 21st.
(Posted 3/11/08)
#E12: When exactly will the winning bidders receieve a preliminary notification of selection for the Energy RFP?
Please see #E15 for additional information on this question.
Winning bidders for the energy procurement will be notified by the end of the business day on Friday, March 21st. At this point we cannot identify a precise time by which the winning bidders will be notified on that day.
(Posted 3/11/08)
#E11: When looking at the historical data for the CP Nodes AMIL.BGS3, AMIL.BGS6 and AMIL.BGS9, the data goes back to March 2007. Was there an equivalent node for these points prior to March 2007?
For historical analysis, CP Nodes AMIL.AIU1, AMIL.AIU2,...,AMil.AIU8 provide the best historical representation. However, these data will not be a perfect match given then MISO model changes that were completed in December 2007 and that will be implemented starting June 1, 2008.
(Posted 3/3/08)
#E10: Can you confirm that emailed comments on the ISDA Agreement and associated confirmations will be accepted up until 5:00 pm on February 29th?
Yes. Emailed comments on documents pertaining to the Energy RFP will be accepted up until 5:00 CPT on February 29th.
(Posted 2/28/08)
#E9: The Confirmation Letter states on page 6 that the Payment Due Date is 10 Business Days following receipt of the notice of settlement requirements. Which party is responsible for issuing the notice of settlement requirements? When and how does the MISO provide final approval of RT expost LMPs for a given settlement month?
The Calculation Agent is the party that is providing the invoices/notices of settlement (and here we name the Calculation Agent as Party A). The Calculation Agent is defined in the 2005 ISDA Commodity Definitions, Section 4.5. MISO LMPs are final five business days after the operating day. Therefore, final LMPs for each settlement month will be available five business days after the last day of the month.
(Posted 2/28/08)
#E8: The Energy RFP, page 4, indicates that the floating price will be at the Ameren Illinois Utilities Load Zone, which implies a single settlement node. However, the confirmations indicate different settlement indices for each of the three utilities. Will there be different settlement points and different settlement prices for each utility?
MISO model changes starting June 1, 2008 will result in AMIL.BGS3, AMIL.BGS6 and AMIL.BGS9 being slices of the AIU system with the same LMPs.
(Posted 2/28/08)
#E7: The schedule as stated in the Energy RFP indicates that the turn-around time from receiving notification of pre-qualification and the final Form of Pre-Bid Letter of Credit to Bidder Registration and submission of the Pre-Bid Letter of Credit is only from Friday to Monday. Is it possible to extend this period in order to allow for additional bank interaction time?
The Bidder Registration period has been extended to cover the period from March 10th to March 14th to allow for additional time to acquire a Pre-Bid Letter of Credit.
(Posted 2/27/08)
#E6: If a participant submits an offer for 100 MW for a combination product, can the offer consist of individual prices for each month of the combination product? For example: can an offer for the annual ATC product be comprised of 12 individual prices? If the answer is no, does that mean that the competition for each product is exclusive of the competition for every other product?
Energy bids will be for each of the six products, i.e., 25 MW blocks for the annual 7x24, Jan/Feb 5x16, June 5x16,
September 5x16, July/Aug 5x16, and 4th Qtr 5x16. No other combinations nor individual months bids are permitted.
The bids for each product will be evaluated independently.
(Posted 2/27/08)
#E5: With respect to delivery point, is the RTLMP at each of the three nodes (BGS3, BGS6, and BGS9) the same in each hour?
Yes, the RTLMP at each of the three Nodes will be the same in each hour starting June 1st.
(Posted 2/27/08)
#E4: Can portions of bids be accepted or are all bids treated as "All or None"? For example, if someone were to bid in 100 MW of energy at a given price, it is possible that 25 MW or 50 MW may be accepted?
Bids for Energy will be submitted in blocks of 25 MW. Therefore, if 100 MW are offered at a given price, 25, 50, 75 or 100 MW could be accepted.
(Posted 2/27/08)
#E3: If a bidder already has a negotiated ISDA master agreement in place with the three Ameren Illinois Utilities, will an ISDA long form confirmation letter be required, or will a one-page confirmation letter be adequate?
The ISDA long form confirmation letter will be required.
(Posted 2/27/08)
#E2: The schedule shows that energy bids are due on 3/17 and then the winning bidder will be notified on 3/21, four business days later. Is it expected that market volatility be priced into the 3/17 offer or is there a chance to recalibrate to the current market on 3/21?
Binding bids are due on 3/17, there will not be a chance to recalibrate the bid following notification on 3/21. Therefore, the bidder should expect to price the market volatility into the 3/17 bid.
(Posted 2/21/08)
#E1: Can you confirm that the MISO CP Node that we will settle against is AMIL.AIU7?
The energy swaps will be settled at the following CP Nodes: CILCO, AMIL.BGS3; CIPS, AMIL.BGS6; IP, AMIL.BGS9. In the current market, these nodes are configured as slices of the individual utility load zone LMPs. However, as of
June 1, 2008, MISO model changes that were announced in December 2007 will result in each of these nodes
reflecting AIU system LMPs. Currently the CP Nodes AMIL.AIU1, AMIL.AIU2 through AMIL.AIU8 are configured to
reflect the AIU system LMPs.
(Posted 2/15/08)
Capacity RFP
#C34: Are the results of the Capacity RFP available?
Yes, general information about the Capacity RFP results was released by the ICC and can be downloaded here.
(Posted 4/4/08)
#C33: Does the definition of "Available" in Section 3 of the Confirmation Agreement mean that as long as a resource is available during the daily peak they get paid for the day?
Resources have to be available at the daily peak to get paid for the day.
(Posted 3/31/08)
#C32: Are planned outages accounted for under the Confirmation Agreement?
As stated under the "Commercial Terms for All Transactions" section of the Confirmation Agreement, the definition of Forced Outage includes "any planned or maintenance outages."
(Posted 3/31/08)
#C31: What Form of Guaranty should be utilized for the Confirmation Agreement?
The standard guaranty form used for Energy will be acceptable to use for Capacity provided that the reference to "Confirmation Letter" in the second paragraph (above Section 1 of the guaranty) is changed to "Confirmation Agreement." Each bidder may issue one guaranty to cover its Capacity Contracts by: (1) naming all three of the Ameren Illinois Utilities (Central Illinois Light Company d/b/a AmerenCILCO, Central Illinois Public Service Company d/b/a AmerenCILCO and Illinois Power Company d/b/a AmerenIP) within the first sentence of the guaranty as the "Guaranteed Party"; and (2) making reference to each applicable Confirmation Agreement within the first sentence of the second paragraph of the guaranty (above Section 1). The guarantor would provide a guaranty for the lesser of: (1) the sum of 10% of the "remaining contract value" for each of the three Ameren Illinois Utilities, rounded up in each case to the nearest $10,000 (as indicated in Capacity Confirmation Agreement Section 14(b)); and (2) the sum of the collateral threshold amounts for which the guarantor qualifies (e.g., three contracts, $5 million collateral threshold for each, for a total of $15 million in the case of a bidder with an applicable rating of BBB+/Baa1). An example showing how to calculate the "remaining contract value" may be found #C7 below.
(Posted 3/28/08)
#C30: Since physical delivery of energy cannot define the precise moment in time when "delivery" or "tender" of this broadly defined "Deliverable Capacity" product with open-ended obligations (an thus open-ended risk of non-performance risk and exposure to penalties) occurs, how does Ameren interpret the agreement with respect to when tender and delivery have occurred and the Supplier’s duty to perform is satisfied with no further risk of liability for non-performance (i.e., liquidated damages, including penalties)? To clarify, this is not just getting to the FM and FO exceptions, but delivery in general.
Delivery requirements will be considered met if the capacity is "available" as that term is defined in Section 3 of the Confirmation Agreement. The Ameren Illinois Utilities reserve the right to confirm that the Capacity was available each day at the time of the Ameren Illinois system peak.
(Posted 3/28/08)
#C29: What assurance do potential Bidders/Supplies have that Ameren will not work actively to implement new requirements or penalties at these same authorities (see #C27), in particular the Ameren Illinois Balancing Authority which is closely tied to Buyer itself, (if not one and the same)?
The development of such hypothetical requirements or penalties would involve comments from other market participants in addition to the Ameren Illinois Utilities. In addition, since the Confirmation Agreement is for a fixed quantity of Capacity and places the risk of Forced Outages and Force Majeure on the Ameren Illinois Utilities, it is counter intuitive that they would seek to increase that potential liability by pursuing more stringent requirements or penalties.
(Posted 3/28/08)
#C28: What, if any, penalties are in place currently from these same authorities (see #C27) for failure to meet said RA requirements/obligations?
The Ameren Illinois Utilities are not aware of any current penalties from the authorities.
(Posted 3/28/08)
#C27: What, if any, RA requirements/obligations are the Ameren Utilities aware of at the SERC, Ameren Illinois Balancing Authority, or State (IL) level.
It is the Ameren Illinois Utilities understanding that, while the SERC does not implement a region-wide reserve requirement, SERC policies and procedures call for the local balancing authority to establish a planning reserve margin. Ameren Services, as the local balancing authority, has established a planning reserve margin within the AMIL balancing of 14.3% based on the results of the Midwest Planning Reserve Sharing Group LOLE analysis. The Ameren Illinois Utilities are not aware of any resource adequacy requirements/obligations at the state level.
(Posted 3/28/08)
#C26: Does Section 2(ii) of the Confirmation Agreement allow for uncapped consequential damanges?
Section 7, Limitation of Remedies, Liability and Damages, of the Confirmation Agreement specifically excludes consequential damages, except where expressly provided. With regard to Section 2(ii), the use of the term "costs" is a relatively narrow concept that does not entail consideration of consequential damages.
(Posted 3/28/08)
#C25: The answers to questions posted as #C23 and #C9 seem to be conflicting: #C23 says there are no penalties for capacity replacement requirements in a forced outage, and #C9 says that the LD Language in the Confirmation Letter specifically mentions penalties that are incurred. Please clarify the distinction.
#C23 specifically references forced outage / force majeure situations, which are excepted from the penalties otherwise associated with Section 2. Liability for Non-Performance described in #C9.
(Posted 3/28/08)
#C24: If the seller does not notify the Buyer of an outage within 90 minutes, are there any penalties or costs to the Seller?
The Confirmation Agreement requires the Seller to provide the Buyer "timely notification" of Forced Outages which in no case shall be later than 90 minutes from the time the Seller is required to provide such notification to MISO. The Confirmation Agreement does not include any financial penalties as a result of the failure of the Seller to provide such "timely notification."
(Posted 3/27/08)
#C23: In the event of a forced outage is the Seller required to provide replacement capacity? Under the confirmation agreement is there any penalty for a Seller not providing replacement capacity?
The Seller has the option but not the obligation to provide replacement capacity. There are no penalties for forced outages; however, the Seller will not be paid for capacity when the unit is not available due to a forced outage.
(Posted 3/27/08)
#C22: In the Capacity Resource(s) field on the Bid Submission form, is it necessary to list exactly which resources are to be used or may bidders list resources that may be used? Do bidders need to submit the capacity of each resource?
All capacity resources that may be used must be listed by name and respective CP Node in the appropriate space on the bid form. If bids are from a system of multiple units, each capacity source must be identified by name and CP Node. Bidders do not need to list the capacity of each resource.
(Posted 3/26/08)
#C21: Can the bid form be downloaded and filled out in advance?
Yes. The bid form used for practice bids is the final bid form, it can be downloaded now and filled out in advance, but final, binding bids will only be accepted from 7:00 am to 12:00 noon CPT on Bid Day, March 31st.
(Posted 3/26/08)
#C20: Will the winning bids be made publicly available in any way?
Yes. As with the Energy RFP results, the ICC will release a list of the winning bidders along with the average price for the winning 10-MW blocks for each product.
(Posted 3/26/08)
#C19: Has the final Confirmation Agreement been posted to the web site?
Yes, the final language can be retrieved from the Procurement Information page. Pre-qualified bidders can download an MSWord version of the file after logging in to the Bidder Registration page.
(Posted 3/26/08)
#C18: Is the unsecured credit bidders were awarded for the capacity procurement the amount for each contract or the total amount?
The awarded credit amount is for each contract. For example, if a bidder is awarded $5 million in unsecured credit, that means $5 million for each utility contract, for a total of $15 million.
(Posted 3/26/08)
#C17: Please confirm that performance bonds in addition to the Pre-Bid Letter of Credit are not required.
The $100,000 ILOC for capacity is all that is required for the purposes of meeting pre-bid, credit-related requirements.
(Posted 3/20/08)
#C16: Would it be possible to use the same pre-bid letter of credit used in the Energy Portion of the RFP for the Capacity Portion of the RFP, with the proviso that certain adjustments would be made to assure all necessary conditions are met.
The bidder must take steps to make each adjustment needed that would effectively transform the energy pre-bid letter of credit into a capacity pre-bid letter of credit (including changing the dollar amount, the expiration date, the definition for "Procurement" in section 11, and any other changes needed to bring the format into exact conformity with the standard pre-bid letter of credit for capacity. In the end the Ameren Illinois Utilities will need to hold the exact same pre-bid letter of credit from each bidder in the same amount, with the same period of validity.
(Posted 3/20/08)
#C15: Please explain what documents are required to meet the March 24th deadline for "Bidder Registration."
A complete Bidder Registration Package will consist of an executed Pre-Bid Letter of Credit and a completed Bidder Registration Form, both of which will be made available to bidders on March 17th. The Bidder Registration consists of filling in contact information and requires certifications from a responsible officer of the bidding entity.
(Posted 3/12/08)
#C14: When is the latest bidders will be informed about the acceptability of any proposed changes to the Pre-Bid Letter of Credit?
The final Capacity Pre-Bid Letter of Credit along with a redlined version so that accepted changes from the draft version are easier to review, will be posted as early in the day as possible on March 17th.
(Posted 3/12/08)
#C13: On what day will the Capacity Pre-Bid Letter of Credit need to be in place?
The Capacity Pre-Bid Letter of Credit, along with the Capacity Bidder Registration Form, is due on March 24th at 5:00 CPT.
(Posted 3/12/08)
#C12: Are other formats for the Capacity Pre-Bid Letter of Credit acceptable?
No. All bidders must use the Final Pre-Bid Letter of Credit which will be posted to the procurement web site on March 17th.
(Posted 3/12/08)
#C11: Will the format for the Capacity Pre-Bid Letter of Credit be identical to the Energy Pre-Bid Letter of Credit that was recently posted the Energy RFP site?
The final Capacity Pre-Bid Letter of Credit will be posted on Monday, March 17th. It will be similar to the Energy Pre-Bid Letter of Credit, but not necessarily the same, pending the evaluation of bidder comments.
(Posted 3/12/08)
#C10: Will the RFP consider capacity resources that are not within the MISO footprint, but rather have firm transmission in place from external resources to deliver to the MISO interface?
Yes, the Ameren Illinois Utilities will consider all capacity resources that are deliverable under MISO Module E.
(Posted 3/11/08)
#C9: Currently there is no capacity real-time traded market for MISO. How will the Ameren Illinois Utilities calculate liquidated damages?
Per Section 2. liability for Non-Performance, if Seller fails to provide capacity, Buyer may either (i) purchase substitute or replacement capacity "in a commercially reasonable manner", plus any additional costs, such as penalties, that are incurred, or (ii) calculate the market price "in a commercially reasonable manner." It is not known exactly how Buyer would purchase substitute or replacement capacity or calculate the market price at this time.
(Posted 3/11/08)
#C8: Can we use an EEI between our company and all three Ameren Illinois Utilities vs. separate confirmation agreements?
No, there will be separate Confirmation Agreements with each Ameren Illinois Utility.
(Posted 3/11/08)
#C7: In the Confirmation Agreement, Section 14-Performance Assurance(b) Buyer Protection: Could you provide an example of the Performance Assurance calculation? How is the "remaining contract value with respect to all outstanding transactions hereunder as estimated by Buyer" calculated? Is it a typical EEI calculation, i.e., net receivable plus MTM?
The remaining contract value is the combined value for all the monthly capacity quantities. Using the same example from #C6, the remaining contract value would be calculated as follows:
| | | Month 1 | Month 2 | Month 3 | Month 5 |
| Monthly Value | | $180,000 | $216,000 | $165,000 | $135,000 |
| Remaining Contract Value | $696,000 | $516,000 | $300,000 | $135,000 | $0 |
(Posted 3/11/08)
#C6: In the Confirmation Agreement, Section 14-Performance Assurance(a) Seller Protection: since these are being bid as 10MW 1-month blocks, how would there be two consecutive months of receivables? Could you provide an example of how the Performance Assurance calculation would be done?
A seller with a capacity contract with consecutive monthly capacity quantities "that would be due" may calculate the performance assurance as follows. In this hypothetical example the "highest two months of receivables that would be due" is $396,000 for Months 1&2.
| | Month 1 | Month 2 | Month 3 | Month 5 |
| Price | $100/MW-day | $120/MW-day | $110/MW-day | $90/MW-day |
| Days | 30 | 30 | 30 | 30 |
| Quantity | 60 MW | 60 MW | 50 MW | 50 MW |
| Monthly Value | $180,000 | $216,000 | $165,000 | $135,000 |
| Months 1&2 | Months 2&3 | Months 3&5 |
| Two Consecutive Months Value | $396,000 | $381,000 | n/a not consecutive |
(Posted 3/11/08)
#C5: Is there a maximum number of blocks that a bidder can win, i.e., is there a load cap?
Bidders may bid for any or all Products in 10-MW blocks up to the full quantity to be procured for each Product.
(Posted 3/11/08)
#C4: When exactly will the winning bidders receieve a preliminary notification of selection for the Capacity RFP?
Winning bidders for the capacity procurement will be notified by the end of the business day on Friday, April 4th. At this point we cannot identify a precise time by which the winning bidders will be notified on that day.
(Posted 3/11/08)
#C3: When is the bidder practice session for capacity?
The bidder practice session for capacity is scheduled to take place at 3:00 pm EST on March 25th. Instructions for accessing the session will be distributed to Pre-Qualified Capacity Bidders. (Posted 2/28/08)
#C2: Is the Capacity RFP based on the same ISDA that the Energy RFP is based on?
No. The Capacity Confirmation Agreement is not based on the ISDA Master Agreement. (Posted 2/28/08)
#C1: Can portions of bids be accepted or are all bids treated as "All or None"? For example, if someone were to bid in 100 MW of capacity at a given price, can 20 MW of that bid be accepted?
Bids for Capacity will be submitted in blocks of 10 MW. Therefore, if 100 MW are offered at a given price, 10, 20, 30, or any increment of 10 MW up to 100 MW could be accepted.
(Posted 2/27/08)
Renewable Energy Credits RFP
Please also visit the General Q&A page.
#R18: Are the results of the RECs RFP available?
Yes, general information about the RECs RFP results was released by the ICC and can be downloaded here.
(Posted 4/22/08)
#R17: Do the Ameren Illinois Utilities hold accounts with the REC tracking systems (M-RETS, PJM Gats, etc.)? Will winning bidders transfer generated to RECs to the Utilities or retire them in the Utilities' name?
The Ameren Illinois Utilities do not hold accounts with the RECs tracking systems. Suppliers will retire RECs on behalf of the Utilities. Suppliers will bear any costs associated with retiring the RECs, as stated in Section 9 (Tracking Systems) of the REC Contract.
(Posted 4/7/08)
#R16: The Renewable Energy Credit Agreement states in Section 4 that the Seller "agrees that any Environmental Attribute associated with or related to the Product will not be sold or otherwise made available to a third party but will be sold to Buyer." Are the Ameren Illinois Utilities seeking any applicable NOx allowances that a generator may receive in addition to RECs?
Based on the definitions of a Standard REC and Environmental Attribute, if the avoided NOx emission is associated with the generation of a quantity of electricity by a Renewable Energy Facility and is capable of being measured, verified or calculated, it will be considered part of the REC and should be included and transferred to the Ameren Illinois Utilities with the REC. On the other hand if the NOx allowance is obtained by the bidder as part of a State implementation of the CAIR program they may be retained by the bidder and not be considered part of the transferred REC. Please see Section 4 of the REC Contract, and Schedule P and Section 1.27 of Exhibit C, the Master REC Purchase and Sale Agreement.
(Posted 4/3/08, Updated 4/11/08)
#R15: Are any additional changes to the posted Final Pre-Bid Letter of Credit acceptable?
No. The Pre-Bid Letter of Credit as posted is final and non-negotiable.
(Posted 4/2/08)
#R14: Are there penalties associated with failure to provide contracted RECs?
Suppliers have the option to provide replacement products, as presented in Section 10 of the REC Contract. Suppliers will not be paid for any unsupplied RECs, but no penalties are specified in the contract.
(Posted 4/2/08)
#R13: In step 3 of Attachment A of the REC RFP, if the least expensive unselected block of RECs are Illinois non-wind (ILN) RECs, and the most expensive selected RECs are adjacent state wind (ASW) or other wind (OSW) RECs, the block of ILN may be prevented from being switched in to avoid reducing the amount of wind RECs selected if the selected blocks are at or below the wind target (even if there is plenty of money remaining in the budget). Step 3 suggests that in such a case the only unselected RECs to be considered to be switched in are ILW RECs. However, to improve the locational mix of the selected blocks, shouldn’t trades of both wind for wind and non-wind for non-wind RECs be considered? This same concern holds for step 4.
Yes, in step 3 the evaluation methodology will compare the two switching costs indicated in your question and select the least costly switch. For example, in step 3, if: • The most expensive selected ASN or OSN is $5,800 • The most expensive selected ASW or OSW is $6,000 • The least expensive unselected ILN is $7,000 • The least expensive unselected ILW is $7,500 The least expensive switch to increase the amount of Illinois RECs would be to select the ILN block and remove the ASW or OSW block at an incremental cost of $1,000. However, if this is disallowed because it would violate the wind target, step 3 would compare the cost of switching wind for wind and non-wind for non-wind RECs. Switching in the ILW block for the ASW or OSW block would cost $1,500. Switching the ILN block for the ASN or OSN block would cost $1,200. Therefore the evaluation process will select the ILN block priced at $7,000 and switch out the ASN or OSN block priced at $5,800, because this is the more cost-effective switch.
The same logic holds in step 4, as illustrated by the following example: • The most expensive selected OSN is $5,800 • The most expensive selected OSW is $6,000 • The least expensive unselected ASN is $7,000 • The least expensive unselected ASW is $7,500 The least expensive switch to increase the amount of adjacent state RECs would be the ASN block for the OSW block at a cost of $1,000. If this is disallowed because of the wind target, the evaluation would compare the cost of switching wind for wind and non-wind for non-wind blocks. Switching in the ASW block for the OSW block would cost $1,500. Switching in the ASN block for the OSN block would cost $1,200. Therefore, the evaluation process will select the ASN block priced at $7,000 and switch out the OSN block priced at $5,800, because this is the more cost-effective switch.
(Posted 3/31/08)
#R12: Step 1 of Attachment A of the REC RFP (the bid evaluation methodology) states that if the Budget Limit is reached before the Total REC Requirement (TRR) is reached, the selection is complete. However, at such a point there may be some money left in the REC budget, although insufficient for an offered block of RECs. Does the bid evaluation methodology allow the "leftover" money to be used to potentially improve the selected RECs wind fraction or location priorities?
Yes. If there is money leftover that is insufficient to select an additional block of RECs from the unselected pool, the selection process will still continue to proceed to steps 2. However, in this case, steps 2 through 4 will not change the fact that the TRR will still not be met and it will not change the total number of RECs selected. Steps 2 through 4 may only change the specific RECs selected.
(Posted 3/31/08)
#R11: What is the required online date of the generation facility or plant vintage?
RECs sources bid into this procurement must have a commercial operation date on or before June 1, 2008. The only exception is that bidders offering a portfolio of resources may include one or more projects with a COD on or before October 1, 2008, provided that the remaining projects in the portfolio with earlier CODs are capable of providing all the RECs offered.
(Posted 3/26/08)
#R10: What is the RECs delivery schedule?
As stated in Section 3 of the RECs Contract: "Delivery Dates may be 'as generated' but must be between June 1, 2008 and May 31, 2009, inclusive...Buyer will use its best efforts to deliver the Product as soon as practicable (after the creation of the Product) within the Delivery Dates. Recognizing that there may be a lag between the generation of the Product and the actual delivery and verification of the Product through the tracking system, delivery of the Product for a period must be completed no later than the 15th of the month of the second month following the month in which the Product was generated (the 'Reconciliation Period')."
(Posted 3/26/08)
#R9: Does M-RETS meet the requirements of a Certification Authority for purposes of Section 6 of the REC Agreement?
Yes.
(Posted 3/20/08)
#R8: Does Section 4 of the Renewable Energy Credit Agreement preclude the seller from selling carbon credits that are associated with methane destruction but not associated with the environmental attributes associated with the generation of electricity from a renewable energy facility such as a landfill generator?
Landfill gas generation has 2 value components:
(1) The value from GHG reduction obtained from the destruction of methane. This can be achieved by generating energy or flaring the gas without generation (Is not dependant on generation).
(2) The Standard REC is created by generating energy using a renewable source (landfill gas). In theory the landfill gas Standard REC would also have a GHG component since it would offset fossil fuel generation.
These 2 components are exclusive of each other. Based on this the bidder can bid in the Standard RECs created from generating with a renewable source and sell GHG (carbon credits) associated with methane destruction elsewhere. However, they would not be able to sell any carbon credits or any other environmental attribute associated with the Standard REC.
(Posted 3/20/08)
#R7: The RECs RFP definition of Adjacent States does not include Michigan, will Ameren evaluate REC offers from facilities in Michigan as an "adjacent" state?
Since Michigan shares a border within Lake Michigan, to be consistent with the statute, "...they shall be procured in states that adjoin IL and may be counted towards compliance.", Michigan will be included.
(Posted 3/20/08)
#R6: We are members of and comply with an alternative RECs tracking system. Are alternative tracking systems acceptable for this RFP?
M-RETS and PJM GATS are the preferred tracking systems. An alternate tracking system may be acceptable if it can be demonstrated that (1) the system can certify that the RECs are compliant with Illinois statutory RPS requirements, and (2) the system provides a tracking system and registry that can demonstrate and document that RECs were produced by a renewable resource generator, transferred to the utility, and retired by the utility.
(Posted 3/20/08)
#R5: Please explain what M-RETS and PJM GATS generation tracking systems are.
Information about the listed generation tracking systems can be found at: M-RETS: http://www.m-rets.com/ GATS: http://www.pjm-eis.com/gats/gats.html
(Posted 3/20/08)
#R4: If a bidder has already submitted a Pre-Qualification Application and Bidder Fee as part of the Energy and/or Capacity RFP, are another Application and Fee required to participate in the RECs RFP?
No. Only one Bidder Fee and Pre-Qualification Application are required per bidder, as long as all the RFPs a bidder intends to participate in are indicated on the first page of the Pre-Qualification Application. Please note that even if bidders have already submitted a Pre-Qualification Application as part of the Energy and/or Capacity RFP, a Resource Information form for each RECs source is still required in order to participate in the RECs RFP.
(Posted 3/14/08)
#R3: What constitutes a complete Pre-Qualification Application Package for the RECs RFP?
A complete RECs Pre-Qualification Application Package includes the following: (1) a completed Pre-Qualification Application with the necessary signatures, (2) a $500 bidder fee submitted to Levitan & Associates, Inc., (3) an executed Notice of Intent to Bid Form, and (4) a Resource Information form for each source of RECs.
(Posted 3/14/08)
#R2: How should bidder provide the information requested in sections 5.4.3 through 5.4.6 of the RFP?
Bidders should use the provided Resource Information form. Instructions for filling out the form are included as the first worksheet.
(Posted 3/14/08)
#R1: Will Ameren consider buying REC from individual parties with small Qualifying Facilities (QF) in the range of 500 to 800 kW per year?
Yes, provided that (a) bidders offer a minimum of 5,000 MWh RECs that are generated over the planning year (Vintage Year) June 1, 2008 through May 31, 2009, and (b) bidders meet the minimum credit requirements.
(Posted 3/12/08)
|