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Frequently Asked Questions - Contract

General, BlockLoad Following Full RequirementsAEC


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General
1.  Q.  If you anticipate that your unsecured credit limit would be $0 under the terms of the SMA, will you still be required to provide the financial and credit information required by the credit application?
  A.  Yes. Please note that as a requirement of qualifications, each prospective supplier must show that it or its guarantor is rated, and each applicant must provide two originals of the credit application and supporting documents. This requirement is independent of the unsecured credit that may be granted under the terms of the SMA.
   
2. Q. If an RFP Bidder is a privately held company without a rating from S&P, Moody's, or Fitch Ratings, how does that impact the Unsecured Credit Limit and corresponding Performance Assurance requirements? 
A.

First, please note that as a requirement of bidder qualification, each prospective supplier must show that it or its guarantor is rated. As stated in section 4.1.1 of the RFP Rules, “An applicant is qualified to bid in a given solicitation if, by the Cure Deficiency Deadline of that solicitation, it satisfactorily completes or updates the following: … … 3) demonstrates that its, or its guarantor's, unsecured senior long-term debt rating (or issuer rating, if the unsecured senior long-term debt rating is unavailable) is currently available from Standard & Poor's, Fitch Ratings or Moody's Investor Services.”

If an entity is not rated, but is relying on the credit and financial standing of a guarantor that is rated, then PPL Electric will extend an unsecured credit based on the Guarantor’s credit rating and tangible net worth. During the term of the SMA, PPL Electric may require additional margin if the amount of the Guaranty posted is insufficient. Please consult Article 12 of the AEC SMA and Article 14 of the Full Requirements SMA and Block SMA for more details.

 
3. Q. After the PUC has ruled on the results of the solicitation, what is the date by which a winning bidder that has relied on the creditworthiness of a guarantor must provide an executed guaranty?  Can we leave our Bid Assurance Letter of Credit in place as collateral until your receipt of the executed guaranty?
A.

Winning Bidders will be informed if their bids are recommended to the Pennsylvania Utility Commission (“PUC”) as winning bids by close of business on the Bid Proposal Due Date. The PUC will make its decision about the bid results no later than two business days after the Bid Proposal Due Date. If the bid results are approved by the PUC, PPL Electric will provide to bidders a partially executed transaction confirmation on the same business day. Bidders will have until 2 pm on the next business day to fully execute the transaction confirmation.

However, there is no specific date by which a Seller must submit an executed Unconditional Guaranty.  A winning bidder who relied on the creditworthiness of a guarantor for the purpose of Bidder Qualifications will not be granted any Unsecured Credit until it submits an Unconditional Guaranty. Under the terms of the SMA, the Supplier may provide, in lieu of an Unconditional Guaranty, another instrument of security acceptable to PPL Electric, namely a Performance Assurance Letter of Credit or cash.

It is not possible to leave the Bid Assurance Letter of Credit in place during that period as the terms of conditions of the Bid Assurance Letter of Credit are different from the terms and conditions of the Performance Assurance Letter of Credit. The two Letters of Credit have different purposes.

 
4. Q. Is there a one-way margin requirement under the SMA such that only the supplier will be required to post margin and not PPL Electric?
A. Yes, this is correct. As stated in section 14.6 of the Full Requirements and Block SMAs as well as section 12.6 of the AEC SMA, “…to the extent that the calculations of the Aggregate Buyer’s Exposure for a given date result in a negative number, the Aggregate Buyer’s Exposure for such date shall be deemed equal to zero.”
 
5. Q. We have an Unconditional Guaranty in place with PPL Electric pursuant to the POLR SMA under the Company’s Competitive Bridge Plan; is it necessary to resubmit a new Unconditional Guaranty should we be a winning bidder? Is this document all-inclusive or must separate Guaranties be provided for each product in an RFP? 
A. Should the supplier be a winning bidder in any of the PPL Electric’s Default Service Procurement Plan (“DSPP”) RFPs, the supplier will be required to provide a new Unconditional Guaranty to replace the current Unconditional Guaranty held by PPL Electric pursuant to the POLR SMA under PPL Electric’s Competitive Bridge Plan ("CBP"). The terms and condition of the Unconditional Guaranty under the POLR SMA and the SMAs under PPL Electric’s DSPP are different. The Unconditional Guaranties pursuant to SMAs under PPL Electric’s DSPP is intended to be an all-inclusive Guaranty for all SMAs for default service and alternative energy credits, which includes the POLR SMA under the CBP. The Guaranty pursuant to the POLR SMA under the CBP will be returned to the supplier upon receipt of the replacement guaranty pursuant to the SMAs under PPL Electric's DSPP. 
 
6. Q. If awarded load in the solicitation, when will a winning supplier be required to post performance assurance? 
A.

On a Transaction Date, the buyer’s exposure for that transaction is deemed to be zero. If, subsequent to the Transaction Date, the aggregate buyer’s exposure exceeds its amount of unsecured credit, PPL Electric will request that seller to post performance assurance. If PPL Electric requests for performance assurance before 1:00 p.m. EPT on a business day, then Seller will have one business day to provide the performance assurance in the form of cash, or two business days to provide the performance assurance in the form of a Performance Assurance Letter of Credit. The Seller has an additional business day to provide the performance assurance collateral if PPL Electric’s request is made after 1:00 p.m. EPT.

 
7. Q. Are bidders permitted to propose changes to the Unconditional Guaranty attached to the Master Agreements? If so, when is the deadline to do so? 
A. Yes, sections 4.9.1 of the RFP Rules provides for a process by which bidders can propose modifications to the Unconditional Guaranty. All proposed modifications are due by noon on the Bidder Qualifications Due Date. The acceptability of such proposed modifications to the Unconditional Guaranty form will be at PPL Electric’s sole discretion, and such acceptability will be communicated to the applicant no later than forty-eight hours before the Cure Deficiency Deadline.
 
8. Q.

What regulatory approvals will be required for Assignment of an executed Supply Master Agreement from one Seller to another?

A. The terms and conditions of the Supply Master Agreement have been approved by the PUC, therefore regulatory approval is not required for Assignment of an executed Supply Master Agreement from one Seller to another.
 
9. Q. Does the "Load Cap" apply to load acquired through an assigned SMA?
A. The “Load Cap” does not apply to the Seller’s increased load as a result of the Assignment because the terms and condition of the Supply Master Agreement continue for the Seller that has assigned the load.
 
10. Q. Are modifications being accepted to the Supply Master Agreement for each RFP?
A. No. The Supply Master Agreement for an RFP is a standardized document that must be executed in its current form and without modifications by each RFP Bidder as a condition of its participation in that RFP.
 
11. Q. Do you expect to make further changes to the SMAs for Soliciation 3?  If so, when would they be posted on the web site?
A. PPL Electric does not expect to make any changes to the SMAs at this point in time. All RFP documents, including the supply master agreements are posted to the relevant “Supplier Documents” pages of the RFP Web site.
12. Q. PPL Electric will have in place by next week an executed guaranty from our company's guarantor -- this guaranty will cover our company's obligations under a transaction confirmation executed pursuant to the POLR RFP under PPL Electric’s Competitive Bridge Plan. If our company wins the right to serve load pursuant to the RFPs under PPL Electric’s Default Service Procurement Plan (DSPP), would it be permissible for us to amend this existing guaranty to include (i) reference to the new underlying master agreements under the DSPP, and (ii) a new dollar amount (if needed)?
A.

Unfortunately that is not possible. Should you be a winning bidder in any of the PPL Electric’s Default Service Procurement Plan (“DSPP”) RFPs, you will be required to provide a new Unconditional Guaranty to replace the current Unconditional Guaranty held by PPL Electric pursuant to the POLR SMA under PPL Electric’s Competitive Bridge Plan ("CBP"). The terms and conditions of the Unconditional Guaranty under the POLR SMA are different from the terms and conditions of the Unconditional Guaranties under PPL Electric’s DSPP SMAs. Each of the Unconditional Guaranties pursuant to SMAs under PPL Electric’s DSPP is intended to be an all-inclusive Guaranty for all SMAs for default service and alternative energy credits, which includes the POLR SMA under the CBP. The Guaranty pursuant to the POLR SMA under the CBP is not intended to be an all-inclusive Guaranty.

For additional information on this topic, please refer to DSPP FAQ 5 under Contract/General by clicking here.

 
Block
1.  Q. Will PPL Electric implement weekly settlements to be in sync with PJM billing procedures? 
  A.

No. The Full Requirements and Block SMAs currently specify monthly settlements, and PPL Electric does not envision changes to the SMAs at this time. This may be considered for the next default service proceeding for supply contracts that begin on or after June 2013.  

   
2. Q. Can you please provide a redline copy of the Block Supply and Full Requirements SMAs under the DSPP that illustrates changes from the POLR SMA under PPL Electric's Competitive Bridge Plan?
A.

The file “Redline_POLR_SMA_vs_FR_SMA_071709.doc” contains redline changes that reflect differences between the POLR SMA (revised February 12, 2008) under PPL Electric's Competitive Bridge Plan and the Default Service (Full Requirements) SMA (dated July 1, 2009) under PPL Electric's Default Service Procurement Plan. This file is available here.

The file “Redline_POLR_SMA_vs_Block_SMA_071709.doc” contains redline changes that reflect differences between the POLR SMA (revised February 12, 2008) under PPL Electric's Competitive Bridge Plan and the Default Service Block SMA (dated July 1, 2009) under PPL Electric's Default Service Procurement Plan. This file is available here.

 
3. Q. Please explain, in detail, the process by which PPL Electric will determine, on a daily basis, the hourly values of the Monthly Settlement Load for each Customer Supply Group and the process by which PPL Electric submits and settles load at PJM. Will settlement data be made available to Suppliers? 
A.

PPL Electric’s Settlement Process
The Company follows and implements the PJM settlement requirements for submitting and settling supplier load at PJM. PJM settlement is currently a two-step process which includes daily eSchedules and Reconciliation. PPL implements a third step in the process when necessary to resolve significant load reallocation and accounting issues. The different steps in the process are commonly known as:

  • Settlement A is a daily back cast whereby supplier load is allocated and aggregated by supplier on an hourly basis then submitted to PJM daily. This is a combination of actual meter read data and forecast data.
  • Settlement B or Reconciliation, occurs two months after the metered month. This is where a true-up of approved meter data is completed and a reconciliation file is submitted to PJM that adjusts the original eSchedules for any changes in the meter data that occurred since the original data was submitted in Settlement A. Settlement B is generally considered the last step in the settlement process unless something significant changes to warrant reconciling again.
  • Settlement C is a second reconciliation and final true-up. It is sometimes required to resolve significant inaccuracies unveiled or changes in customer load values that were discovered after Settlement B was submitted. Causes for changes in data can result from different circumstances that include but are not limited to situations such as stuck meters, lost communications and bad data. Settlement C will be performed at the discretion of the EDC. The company will limit the occurrence of Settlement C. Until which time PJM offers the processing of Settlement C reconciliations, Settlement C will be performed outside of the PJM Settlement System. When PJM offers the Settlement C service, the Company will perform and submit Settlement C reconciliations to PJM by the PJM established date for the Settlement C process and PPL will no longer perform Settlement C outside of the PJM Process. Once established, PPL will follow the PJM established policy to submit Settlement C reconciliations to PJM for processing.

The Company measures and retains interval hourly data for all of its metered customer accounts on a per meter basis and maintains this data in its Meter Data Management System (MDMS). As such, the Company is able to utilize this actual interval data when it is available to report load to PJM rather than depending solely on reporting using load profiles and usage factors. Load profiles and usage factors derived by our settlement system are used to determine hourly usage for unmetered accounts. The Company strives to obtain hourly interval data for every one of its interval metered accounts. However, due to electrical outages, stuck meters, bad communications, meter memory limitations and other technical and operating issues, it is not always possible to obtain a 100% capture rate for all of the interval hourly meter readings for all of the Company’s customers. Where interval hourly data is not available in either Settlements A, B or C, the Company will calculate customer load using load profiles adjusted for actual weather and usage factors. Normal weather is used when actual weather is not available.

Settlement A Process
For Settlement A, the Company submits aggregated hourly load schedules on a daily basis for each supplier. These load schedules are submitted to PJM within the PJM deadline requirements in the form of a unilateral Retail Load Responsibility (RLR) eSchedule for EGSs and in the form or Wholesale Load Responsibility (WLR) eSchedules for Default (POLR) suppliers and FERC load. The eSchedules are considered back cast eSchedules because they are compiled and submitted the day after the metered day in order to obtain as many actual metered load values possible. PJM calculates the charges and credits associated with each eSchedule and includes these quantities on the PJM bill.

The Company’s MDMS retains hourly meter reads for every customer meter. Due to the technology and complexity of the system, not all meter reads are collected sufficiently far enough ahead of time to be used in the daily back cast eSchedules. For submission of the back cast eSchedules for PJM Settlement A, the Company utilizes actual meter read data where available and company’s settlement system forecasts the remaining load data. The eSchedules are adjusted for average electric losses prior to submitting them to PJM, then they are adjusted for Unaccounted For Losses (UFL). UFL accounts for any remaining losses on the system not accounted for by the average losses. UFL is allocated on a load ratio share basis to all supplier accounts.

PJM de-rates the eSchedules for marginal losses as calculated by the PJM State Estimator. The original eSchedule and the de-rated eSchedule are posted and available on the PJM website and available to the counterparties on a daily basis.

Settlement B Process
For Settlement B, the Company reconciles the most current hourly metered load data it has in its MDMS as compared to the load values submitted in Settlement A. The difference amount between Settlement A and Settlement B for each eSchedule is the adjustment submitted to PJM. PJM calculates and bills the credits and charges for Settlement B.

Settlement C Process
For Settlement C, the Company will consider all metered and calculated load quantities assigned to customer accounts and aggregations by supplier at a point in time several months after Settlement B is final. Load corrections and adjustments made to customer accounts after Settlement B will be considered for Settlement C. A reconciliation file will be derived to determine the final load adjustment necessary between Settlements A, B and C. Until PJM implements the Settlement C process, the Company will calculate the credits and charges for all affected parties based on PJM billing determinants. The Company will request and require each affected participant to resolve Settlement C by signing a settlement adjustment document indicting that the Settlement C financial adjustments are to be included on the PJM Bill. The Company will arrange to forward these forms to PJM for confirmation and inclusion on the PJM Bill. Once PJM implements Settlement C, reconciliation values will be sent to PJM and PJM will handle the billing adjustments.

NYPA generation is treated as an import. As such, it does not affect PPL Electric’s eMetered zone load. Therefore NYPA generation is accounted for as a financial transaction by PJM. NYPA generation serves only PPL Electric's POLR or Default Service customers.  PPL Electric will adjust supplier hourly load responsibility reported to PJM to reflect the fact that NYPA supply reduces POLR or or Default Service load.

The data will be available to suppliers via PJM e-schedule.

 
4. Q. With regards to Contract/Block FAQ-3, could you please provide the load profiles that are used to determine hourly load for settlement purposes as well as the detailed methodology as to how they are applied. Providing this information would be consistent with the steps other Pennsylvania EDCs have taken to clarify the settlement process in order for potential suppliers to provide the most competitive pricing to Pennsylvania customers.
A.

Load profiles for 2011 and beyond have not yet been developed and can not yet be developed as they will depend in part upon customer consumption patterns between now and 2011. PPL Electric updates load profiles annually. PPL Electric does not generally publish load profile data. However, PPL Electric has provided hourly loads by Customer Group that reflect the application of then current load profiles to actual weather and customer usage data and these provide more information regarding hourly loads for settlement purposes than do load profiles.

For 2011 the existing settlement system will be rebuilt. The following methodology explanation applies to the 2011 settlement (Default Service Procurement Plan), which will be different than the pre-2011 system. This explanation below is the best description we can give at this time - it is how we expect the 2011 settlement system to work. It is written in the present tense even though the system is not yet in place.

Daily Back-Cast Settlement (Settlement A):

Each day the system will produce a back cast of hourly settlement loads for the prior day. These will be the basis for PJM’s initial settlement. PPL Electric’s settlement system uses actual interval load readings where available and estimates interval load values for missing data and adjusts for system loses to maintain its PPL zonal load responsibility at PJM. Included in this zone are the FERC (wholesale) account load (municipals, coops etc.), Electric Generation Supplier (EGS) load and Default Service (DS) Load. NYPA generation does not off-set the physical load since it is handled financially.

PPL Electric’s Customer Service System (CSS) marks each customer account by which supplier will supply them whether they are supplied by a FERC, EGS or DS supplier. PPL Electric’s settlement system synchronizes with CSS nightly to obtain the daily account assignments.

Once synchronized, and after the download of actual interval meter data from the meter data management system into the settlement system is complete, the remaining accounts whose actual meter read data was missing, are filled in using the combination of monthly usage factors and the appropriately assigned class load profile. The usage factors are calculated by the settlement system using the most recent 30 day usage and if that is not available, it uses the last available 30 day usage factor. Load profiles are adjusted according to actual daily weather.

The class load profiles are multiplied by the usage factors that result in the interval hourly estimates for the missing data.

After all interval loads are filled in for all accounts, the settlement analyst runs a load aggregation that breaks down the hourly loads by supplier and for further DS Load allocation. At this point, the DS Load is aggregated based on rate schedule type Residential, Small C&I and Large C&I. The hourly loads are further reallocated by the Settlement system into the following categories:

Residential:
Fixed Block (a fixed 300 MW per interval after PJM marginal loss de-ration)
Remaining 90% Load Following
Remaining 10% Real Time Priced Load Following

Small C&I:
90% Load Following
10% Real Time Priced Load Following

Large C&I
Load Following Flat Rate (for customers who chose that option)
Load Following Real Time Priced

After DS load is broken down into its categories, it is further broken town by supplier and bid transaction based on tranche bid percentage.

After the final allocation is made to DS load, average losses are added to all suppliers based on rate schedule loss assignment to the aggregated loads. (Note, however, that the block load will be a fixed 300 MW and will not be assigned losses).

For each hour, a comparison is made of the total load calculated by the settlement system to the official PJM eMeter zone value for the PPL zone. The difference is the unaccounted for losses (UFL) due to inaccuracies in estimating load and use of average rather than actual losses. The UFL is allocated across the pre eSchedules on a load ratio share basis to all suppliers. (Note, however, that as the block load is fixed it will not be assigned UFL.

At this point, the total of all final eSchedules now totals PPL’s zonal eMeter responsibility and are ready to send to PJM.

The settlement analyst reviews the eSchedules for expected results, approves and sends them to PJM to be entered in the PJM eSuites eSchedule system. PPL Electric will then read back the eSchedule values sent to PJM and verify that the values sent down are in fact correct.

Counterparty suppliers to the eSchedule contracts will be able to access this data after the eSchedules have been submitted. PPL Electric will submit eSchedules by the PJM required deadlines. PJM will apply marginal loss de-ration factors to supplier loads.

Reconciliation (Settlement B)
Reconciliation is performed exactly like the daily back-cast except that it occurs weeks after the fact, so more actual meter data is used. Because of the time delay in performing reconciliation, PPL Electric will have been able to update its meter data to include the most recent available actual data and will have corrected any bad data by the time reconciliation is performed. Once the settlement calculations have been run again with the updated values, a difference calculation is completed between the original back-cast and the reconciliation values. This difference file is called the reconciliation file and is submitted to PJM two months after the original metered month.

Settlement C
Settlement C is a second reconciliation and final true-up. It is sometimes required to resolve significant inaccuracies unveiled or changes in customer load values that were discovered after Settlement B was submitted. Causes for changes in data can result from different circumstances that include but are not limited to situations such as stuck meters, lost communications and bad data. Settlement C will be performed at the discretion of the EDC. PPL Electric will limit the occurrence of Settlement C. Until which time PJM offers the processing of Settlement C reconciliations, Settlement C will be performed outside of the PJM Settlement System. When PJM offers the Settlement C service, PPL Electric will perform and submit Settlement C reconciliations to PJM by the PJM established date for the Settlement C process and PPL will no longer perform Settlement C outside of the PJM Process. Once established, PPL Electric will follow the PJM established policy to submit Settlement C reconciliations to PJM for processing.

For Settlement C, PPL Electric will consider all metered and calculated load quantities assigned to customer accounts and aggregations by supplier at a point in time several months after Settlement B is final. Load corrections and adjustments made to customer accounts after Settlement B will be considered for Settlement C. A reconciliation file will be derived to determine the final load adjustment necessary between Settlements A, B and C. Until PJM implements the Settlement C process, PPL Electric will calculate the credits and charges for all affected parties based on PJM billing determinants. PPL Electric will request and require each affected participant to resolve Settlement C by signing a settlement adjustment document indicting that the Settlement C financial adjustments are to be included on the PJM Bill. PPL Electric will arrange to forward these forms to PJM for confirmation and inclusion on the PJM Bill. Once PJM implements Settlement C, reconciliation values will be sent to PJM and PJM will handle the billing adjustments.

 
5. Q. Will the winning block suppliers schedule deliveries to the real time or day-ahead market at the PPL Electric zone?
A. The winning block suppliers will be required to schedule deliveries to the day-ahead market.  PPL Electric will have a constant 300 MW of load responsibility and will schedule this load in the day ahead-market.  In order to avoid exposure to real-time ancillary service prices and differences between real-time and day-ahead prices, PPL Electric will require that block supply also be provided in the day-ahead market where it will balance PPL Electric’s day-ahead scheduled load.  The Confirmations will reflect that the block supply must be scheduled in the day-ahead market.
 
6. Q. The sample Confirmation for block supply does not specify the scheduling time frame.  Will this information be specified in the confirmation?
A. Yes. The Confirmation(s) provided to the winning supplier will specify that the block supplier will be required to submit the schedule at least three weeks in advance of delivery and PPL Electric will be required to confirm the schedule at least two weeks in advance.  This will ensure that schedules are set prior to delivery and avoid inadvertent scheduling oversights.
 
7. Q. In the Block SMA and AEC SMA, the definition of Buyer’s Exposure is as follows:  “Buyer’s Exposure” during the term of a Transaction shall be deemed equal to an amount designated as the Credit Exposure under this Agreement. Where in the Agreement is “Credit Exposure” defined?  If it is not defined, can you please provide a definition?
A. Section 14.6 of the Block SMA and the Section 12.6 of the AEC SMA, “Aggregate Buyers Exposure”, explain how exposure is calculated under the SMAs.
 
8. Q. The documents are silent as to the impact of customer migration on the Block supply.  The language in the Block SMA says that suppliers will be paid based upon the volume in the Confirmations, which implies the Blocks are firm.  However, the documents also state that the Blocks will be allocated to the Residential Class default load. If hypothetically, 100% of the Residential class migrated and thus there was no default load, would PPL still purchase all of the Block supply even though there would be no Residential Class default load to which to allocate it?
A. Block supply is firm as the Block SMA implies.  Assuming 100% Residential customer migration, as you’ve presented in your question, PPL Electric would still purchase all Block supply as agreed upon within the contract.  PPL Electric would like to emphasize though, that the likelihood of such a migration is highly unlikely.
 
Load Following Full Requirements
1. Q.

How is the block product netted out of the Full Requirements load?

  A.

First, please note that the block product is applicable only to the Residential Group. As shown on slides 18 and 19 of the presentation provided at the September 16 Bidder Information Session, the full requirements load is residual load. (To access the presentation, click here). For the Residential Group, the full requirements load will be reduced by block energy supply of 300 MW and unit entitlement supply of up to 50 MW and associated capacity and ancillary services bought from PJM.

    
2. Q. Suppliers under the Full Requirements SMA are required to comply with the AEPS obligations. If the AEPS obligations change in quantity, will the suppliers be responsible for these changes?
  A. No. As shown on slide 23 of the presentation provided at the September 16 Bidder Information Session, any updates to the AEPS obligations will be made known to bidders at the beginning of the solicitation. (To access the presentation, click here). Also as stated in section 2.8 of the Full Requirements SMA, PPL electric will forward to winning bidders the seller’s Alternative Energy Portfolio Standards Obligation (Exhibit B) at the same time when it provides to seller the partially executed Transaction Confirmation(s) (Exhibit A) on the day the PUC approves the bid results for a solicitation. Thereafter, the seller’s AEPS obligations will be as specified in Exhibit B to the Full Requirements SMA, and will not change.
 
3. Q. If there are any changes to the definition of AECs after a solicitation, will the suppliers be responsible for these changes? 
A.

No. The AEPS obligations of winning suppliers in the AEC RFP will be specified in the Transaction Confirmation, and the AEPS obligations of winning suppliers in the Full Requirements RFP will be specified in Exhibit B to the Full Requirements SMA. These documents will be provided to the winning suppliers on the day the Pennsylvania Utility Commission approves the bid results of a solicitation. Thereafter, these documents will be the binding obligation of the winning suppliers, which will not change.

 
4. Q. Will PPL Electric implement weekly settlements to be in sync with PJM billing procedures?
A.

No. The Full Requirements and Block SMAs currently specify monthly settlements, and PPL Electric does not envision changes to the SMAs at this time. This may be considered for the next default service proceeding for supply contracts that begin on or after June 2013.

 
5. Q. Under the terms of the Full Requirements SMA, are settlement volumes derated for marginal losses?
A. Yes. All load volumes will be de-rated in accordance with PJM marginal loss implementation procedures. Suppliers will be responsible for and be paid by PPL Electric based on the hourly loss de-rated load.
 
6. Q. What is the supplier’s responsibility for congestion costs under the Full Requirements RFP?
A.

As stated in the Full Requirements SMA, the supplier is responsible for all congestion costs. PPL Electric will not be allocating any ARRs to suppliers, but suppliers will be able to independently participate in the FTR Auctions held by PJM.

 
7. Q. Under the Full Requirements SMA, what is the supplier’s responsibility for Transmission?
A. Suppliers are not responsible for Network Integration Transmission Service (“NITS”). However, suppliers are responsible for all other transmission services or charges.
 
8. Q. Why will PPL Electric not be allocating Auction Revenue Rights (“ARRs”) to suppliers?
A. PPL Electric will not be allocating any ARRs to suppliers. As shown on slides 20 and 21 of the presentation provided at the September 16 bidder information session, Full Requirements supply contracts expire each quarter during steady state. (To access the presentation, click here). As such, allocating the ARRs to new suppliers each quarter would not be practical. All ARRs will be held by PPL Electric during the term of the Default Service Procurement Plan, and any proceeds from the ARRs will be credited to customers proportionally. As stated in section 4.1 of the Default Service SMA, the seller is responsible for any congestion costs incurred to supply the specified percentage, and as such will be able to participate in the FTR auctions held by PJM.
 
9. Q. How and when is the load reduction (300 MW for block energy, NYPA entitlement, and 50 MW of U/C supply) taken out of the responsibility?  Meaning, if there is a lot of migration and then the 300 MW reduction is taken out of the load responsibility, is it possible to have negative load?
A.

It is a theoretical possibility. However, we would draw your attention to certain facts.

First, the 300 MW of block energy supply as well as the unit entitlement supply of up to 50 MW is only applicable to the Residential Customer Group.

Second, while the 300 MW of block energy pursuant to the Block Supply RFP will begin on January 1, 2011, supply from the unit entitlement product is expected to begin only on June 1, 2011. The unit entitlement product is not expected to affect the load associated with the delivery period of bid products of this first solicitation, which is from January 1 to May 31, 2011.

 
10. Q. The RFP states that the Default Load will be decreased by 300 MWs of Block Supply and up to 50 MWs of U/C supply. In what RFP document is this reduction provided for? 
A. The Full Requirements SMA provides for this reduction. The Full Requirements SMA states that seller is responsible for a percentage of Default Load for a Customer Group (“Specified Percentage”). Default Load is a defined term in the Full Requirements SMA which “means the total sales at the retail meter…...,less Block Supply and Unit Entitlement Supply.
 
11. Q. Can you please provide a redline copy of the Block Supply and Full Requirements SMAs under the DSPP that illustrates changes from the POLR SMA under PPL Electric's Competitive Bridge Plan?
A.

The file “Redline_POLR_SMA_vs_FR_SMA_071709.doc” contains redline changes that reflect differences between the POLR SMA (revised February 12, 2008) under PPL Electric's Competitive Bridge Plan and the Default Service (Full Requirements) SMA (dated July 1, 2009) under PPL Electric's Default Service Procurement Plan. This file is available here.

The file “Redline_POLR_SMA_vs_Block_SMA_071709.doc” contains redline changes that reflect differences between the POLR SMA (revised February 12, 2008) under PPL Electric's Competitive Bridge Plan and the Default Service Block SMA (dated July 1, 2009) under PPL Electric's Default Service Procurement Plan. This file is available here.

 
12. Q.

Please confirm whether the following is a correct interpretation of the supplier obligation for one tranche of Residential load for the period January 2011 through May 2011:

Supplier Obligation = 1. 40625% x (total load of all default residential customers - (load from the NYPA contracts / 3) - 300 MW) 

A.

The general formulation is correct, but the load from NYPA contracts is not divided by 3. Rather, NYPA contract supply is allocated to the classes based on relative load and not allocated 1/3 to each class. Also, this process (subtraction of load from the NYPA contracts/3) occurs within PJM's system, not PPL Electric's, where the load is treated as an import and is conducted as a financial transaction, not a physical transaction, within the systems. From a practical perspective, however, as the classes are not wholly different sizes, and as the NYPA contract is for 3 MW of contract demand with energy deliveries generally varying between 1 MW and 5 MW per hour (in the 2004 to 2008 period there were only 225 hours over 5000 MW), the distinction is not material. Also please note that while the formulation describes the hourly energy responsibility and loads that that will be used in ancillary service requirement determination it also applies to capacity (under PJM’s RPM construct). PPL Electric will be responsible for 300 MW of RPM capacity in connection with block supply and suppliers will be responsible for their share (1.40625% per tranche) of the residual capacity requirement after the allocated NYPA capacity and the 300 MW.

 
13. Q. For the Full Requirements RFP, assuming no migration, is the tranche size of 1.40625% based on the total retail load or (the total retail load - 50MW block)? 
A.

The Full Requirements SMA states that the seller is responsible for a percentage of Default Load for a Customer Group (“Specified Percentage”). Default Load is a defined term in the Full Requirements SMA which “means the total sales at the retail meter… …, less Block Supply and Unit Entitlement Supply.”

Please also refer to Contract/Load Following Full Requirements FAQ-1 for more information about this topic.

     
14. Q. Please explain, in detail, the process by which PPL Electric will determine, on a daily basis, the hourly values of the Monthly Settlement Load for each Customer Supply Group and the process by which PPL Electric submits and settles load at PJM. Will settlement data be made available to Suppliers? 
A.

PPL Electric’s Settlement Process
The Company follows and implements the PJM settlement requirements for submitting and settling supplier load at PJM. PJM settlement is currently a two-step process which includes daily eSchedules and Reconciliation. PPL implements a third step in the process when necessary to resolve significant load reallocation and accounting issues. The different steps in the process are commonly known as:

  • Settlement A is a daily back cast whereby supplier load is allocated and aggregated by supplier on an hourly basis then submitted to PJM daily. This is a combination of actual meter read data and forecast data.
  • Settlement B or Reconciliation, occurs two months after the metered month. This is where a true-up of approved meter data is completed and a reconciliation file is submitted to PJM that adjusts the original eSchedules for any changes in the meter data that occurred since the original data was submitted in Settlement A. Settlement B is generally considered the last step in the settlement process unless something significant changes to warrant reconciling again.
  • Settlement C is a second reconciliation and final true-up. It is sometimes required to resolve significant inaccuracies unveiled or changes in customer load values that were discovered after Settlement B was submitted. Causes for changes in data can result from different circumstances that include but are not limited to situations such as stuck meters, lost communications and bad data. Settlement C will be performed at the discretion of the EDC. The company will limit the occurrence of Settlement C. Until which time PJM offers the processing of Settlement C reconciliations, Settlement C will be performed outside of the PJM Settlement System. When PJM offers the Settlement C service, the Company will perform and submit Settlement C reconciliations to PJM by the PJM established date for the Settlement C process and PPL will no longer perform Settlement C outside of the PJM Process. Once established, PPL will follow the PJM established policy to submit Settlement C reconciliations to PJM for processing.

The Company measures and retains interval hourly data for all of its metered customer accounts on a per meter basis and maintains this data in its Meter Data Management System (MDMS). As such, the Company is able to utilize this actual interval data when it is available to report load to PJM rather than depending solely on reporting using load profiles and usage factors. Load profiles and usage factors derived by our settlement system are used to determine hourly usage for unmetered accounts. The Company strives to obtain hourly interval data for every one of its interval metered accounts. However, due to electrical outages, stuck meters, bad communications, meter memory limitations and other technical and operating issues, it is not always possible to obtain a 100% capture rate for all of the interval hourly meter readings for all of the Company’s customers. Where interval hourly data is not available in either Settlements A, B or C, the Company will calculate customer load using load profiles adjusted for actual weather and usage factors. Normal weather is used when actual weather is not available.

Settlement A Process
For Settlement A, the Company submits aggregated hourly load schedules on a daily basis for each supplier. These load schedules are submitted to PJM within the PJM deadline requirements in the form of a unilateral Retail Load Responsibility (RLR) eSchedule for EGSs and in the form or Wholesale Load Responsibility (WLR) eSchedules for Default (POLR) suppliers and FERC load. The eSchedules are considered back cast eSchedules because they are compiled and submitted the day after the metered day in order to obtain as many actual metered load values possible. PJM calculates the charges and credits associated with each eSchedule and includes these quantities on the PJM bill.

The Company’s MDMS retains hourly meter reads for every customer meter. Due to the technology and complexity of the system, not all meter reads are collected sufficiently far enough ahead of time to be used in the daily back cast eSchedules. For submission of the back cast eSchedules for PJM Settlement A, the Company utilizes actual meter read data where available and company’s settlement system forecasts the remaining load data. The eSchedules are adjusted for average electric losses prior to submitting them to PJM, then they are adjusted for Unaccounted For Losses (UFL). UFL accounts for any remaining losses on the system not accounted for by the average losses. UFL is allocated on a load ratio share basis to all supplier accounts.

PJM de-rates the eSchedules for marginal losses as calculated by the PJM State Estimator. The original eSchedule and the de-rated eSchedule are posted and available on the PJM website and available to the counterparties on a daily basis.

Settlement B Process
For Settlement B, the Company reconciles the most current hourly metered load data it has in its MDMS as compared to the load values submitted in Settlement A. The difference amount between Settlement A and Settlement B for each eSchedule is the adjustment submitted to PJM. PJM calculates and bills the credits and charges for Settlement B.

Settlement C Process
For Settlement C, the Company will consider all metered and calculated load quantities assigned to customer accounts and aggregations by supplier at a point in time several months after Settlement B is final. Load corrections and adjustments made to customer accounts after Settlement B will be considered for Settlement C. A reconciliation file will be derived to determine the final load adjustment necessary between Settlements A, B and C. Until PJM implements the Settlement C process, the Company will calculate the credits and charges for all affected parties based on PJM billing determinants. The Company will request and require each affected participant to resolve Settlement C by signing a settlement adjustment document indicting that the Settlement C financial adjustments are to be included on the PJM Bill. The Company will arrange to forward these forms to PJM for confirmation and inclusion on the PJM Bill. Once PJM implements Settlement C, reconciliation values will be sent to PJM and PJM will handle the billing adjustments.

NYPA generation is treated as an import. As such, it does not affect PPL Electric’s eMetered zone load. Therefore NYPA generation is accounted for as a financial transaction by PJM. NYPA generation serves only PPL Electric’s POLR or Default Service customers.  PPL Electric will adjust supplier hourly load responsibility reported to PJM to reflect the fact that NYPA supply reduces POLR or Default Service load.

The data will be available to suppliers via PJM e-schedule.

     
15. Q. It is stated that the supplier is responsible for all congestion costs as no ARRs will be allocated to suppliers. To clarify, does this mean that as the supplier we will not receive or see an ARR credit on invoices received from PJM?
A.

This is correct. All ARRs will be held by PPL Electric during the term of the Default Service Procurement Plan, and any proceeds from the ARRs will be credited to customers proportionally.

As shown on Exhibit D to the Full Requirements SMA, ARR credits are assigned to Buyer. Please note that an update to the Full Requirements SMA dated July 23, 2009 corrects information in this Exhibit D.

     
16. Q. The SMA says that the supplier is responsible for all congestion costs. Is this consistent with the allocation of ARRs as stipulated by PJM?
A.

Pursuant to sections 5.2 and 7.4 of the PJM Operating Agreement, share of Network Service User’s ARRs for each zone are reallocated as network load changes from one Network Service User to another within that zone. The Network Service User under the PJM OA is the entity using Network Transmission Service. As stated in section 2.3 of the Full Requirements SMA, PPL Electric is the network transmission customer responsible for the provision of Network Integration Transmission Service for PPL Electric customers.

As shown on Exhibit D to the Full Requirements SMA, ARR credits are assigned to Buyer. Please note that an update to the Full Requirements SMA dated July 23, 2009 corrects information in this Exhibit D.

      
17. Q. Does PPL Electric intend to convert ARRs to FTRs? Will proceeds from these credits be reflected in customer rates?
A. PPL Electric does not intend to convert the ARRs to FTRs. All ARRs will be held by PPL Electric during the term of the Default Service Procurement Plan, and any proceeds from the ARRs will be credited to customers proportionally.

As shown on Exhibit D to the Full Requirements SMA, ARR credits are assigned to Buyer. Please note that an update to the Full Requirements SMA dated July 23, 2009 corrects information in this Exhibit D.

 
18. Q. Will ARRs allocated to suppliers under PPL Electric’s Competitive Bridge Plan transfer back to PPL Electric?
A.

Effective January 1, 2011 all ARRs allocated to suppliers under the competitive bridge plan will transfer back to PPL Electric pursuant to section 4.1 of the POLR SMA under PPL Electric’s Competitive Bridge Plan.

As shown on Exhibit D to the Full Requirements SMA, ARR credits are assigned to Buyer. Please note that an update to the Full Requirements SMA dated July 23, 2009 corrects information in this Exhibit D.

 
19. Q. Please confirm that the unit entitlement supply up to 50 MW will not affect supplier obligations for the January 1, 2011 to May 31, 2011 supply period.
A. This is correct. Supply from the unit entitlement product is expected to begin only on June 1, 2011.
      
20. Q. In regards to Contract/ Load Following Full Requirements FAQ-1, if the total Obligation for Residential Load is equal to 3389 MW, is the net Capacity Obligation of the Full Requirements Load equal to 3389 MW – 300 MW?
A. Yes. PPL Electric will be buying exactly 300 MW of RPM capacity in conjunction with blocks and suppliers will be responsible for the residual between the requirement and 300 MW.
 
21. Q. In regards to Contract/ Load Following Full Requirements FAQ-1, how are the ancillaries netted?
A. Ancillaries are not netted. Each supplier will have hourly loads. PPL Electric will also have an hourly load, which for block supply will be 300 MW each hour. PJM will determine each supplier’s and PPL Electric’s ancillary service responsibilities based upon their individual hourly loads and also considering their schedules.
 
22. Q. In regards to Contract/ Load Following Full Requirements FAQ-1, if the total Residential Load is 1200 MW in a given hour is the 300 MW block supply subtracted from the 1200 MW prior to application of the duration factor or is the 300 MW block subtracted from the already derated load? Would any NYPA energy and/or unit entitlement supply energy be netted in the same manner?
A.

The block product will be netted from the “de-rated” load. The load of 1200 MW, which would include transmission and distribution losses, would first be derated for marginal losses and then the 300 MW would be subtracted.

Unit entitlement energy will likely be treated in a similar way. However, unit entitlement processes are not specified and unit entitlement energy will not be procured for the months that the first RFP will cover. Please check back when unit entitlement processes are specified. The NYPA transaction is settled financially, but the energy amount will be applied after de-rating. Hence the NYPA transaction will be handled in essentially the same manner.

 
23. Q. The following were taken from the FAQ section of PPL Electric’s Competitive Bridge Plan (“CBP”). Do they apply to the Default Service Procurement Plan?
A. From CBP Contract FAQ-9:
Are Suppliers paid for the amount of energy delivered at the "Generation Level" (including all losses)?
PPL Electric Utilities will report to PJM loads that include all distribution and transmission losses (including PJM assigned 500kV losses and unaccounted for energy). PJM will loss derate those loads for settlement purposes. (See PJM Marginal Loss Implementation Details.) Suppliers will be paid based on the loss derated load.”
From CBP Contract FAQ-27:
“As set forth in the POLR SMA, the MWh of energy shall be equivalent to the amount of energy reported as the supplier's obligation by PPL Electric to PJM adjusted for losses. Suppliers will be paid based upon loss derated loads. Hence suppliers will be paid for loads at the retail meter adjusted upward to include the distribution and transmission loss factors, recognizing that these factors vary from time to time and are reconciled, and derated by PJM for marginal losses deration factor (that removes transmission loss associated with the PJM state estimator model).”
These FAQs still hold true. As explicitly stated in the Default Service SMA, Default Service Load means “the total sales at the retail meter, plus any transmission and distribution losses and Unaccounted For Energy, adjusted for PJM's derating in conjunction with marginal loss implementation as appropriate, …”.
 
24. Q. Please confirm NYPA energy credited by PJM to suppliers will not reduce the quantity of DS energy PPL will pay suppliers for.
A. This is not confirmed. NYPA energy will not be credited by PJM. NYPA load will reduce the quantity of Default Service (“DS”) energy that suppliers must provide and that PPL Electric will pay suppliers for. The RFP Rules make clear that:

“The Default Service Load for each of these Customer Groups for purposes of this Default Service RFP is the full requirements electricity service as recorded by PPL Electric and reported to the PJM Interconnection, LLC (“PJM”) for PPL Electric’s retail customers within that Customer Group, excluding customers that have chosen to take service from an Electric Generation Supplier (“EGS”). For the purposes of this RFP, the Default Service Load will be reduced by PPL Electric’s fractional percentage of committed capacity and energy obtained under long term contracts. For the Residential Group, this reduction includes 300 MW of energy and capacity purchased under separate block supply contracts, and up to an additional 50 MW of energy and capacity associated with a long-term unit entitlement supply contract.  Appropriate contract and performance data will be provided on PPL Electric's RFP Web site.”

NYPA is a long term contract and is clearly shown as such in the RFP data posted on the web site.

  
25. Q. Will the ratio for pro-rating NYPA allocations would be the PLC of the DS load assigned to the supplier divided by the PLC of the DS load assigned to all DS suppliers in that hour.
A. PPL will apply the NYPA supply associated load reduction to Default Service Customer Group Load on an hourly basis. This will be done after the fact and load reports to PJM will reflect the reduction. Each Default Service Supplier will than have to serve and will be paid for its share of the Default Service Customer Group load after it is reduced by NYPA supply. PPL Electric will also adjust the capacity responsibility reported to PJM for each Default Service Supplier to reflect the NYPA capacity allocated to the class and the Default Service Supplier percentage responsibility for the class. Allocations of NYPA energy and capacity to classes will be done based on the relative size of each class's DS load.
  
26. Q. Will NYPA energy appear on DS suppliers' PJM invoices as a credit equal to a pro-rata share of NYPA MWhs in each hour times the PPL Zone RT LMP (technically separate credits for Energy, Congestion, and Marginal Loss components of the PPL Zone RT LMP)?
A. NYPA energy will not appear as a credit on the PJM invoices. PPL electric will adjust the hourly Default Service Customer Group Loads of DS suppliers to reflect the fact that aggregate Default Service Load excludes NYPA supply. Default Service Suppliers will not provide the energy and capacity provided by NYPA and will be paid based on Monthly Settlement Volumes that exclude NYPA supply.
 
27. Q. Is the only change between the 7/23/09 and the 7/1/09 versions of the Default Service SMA reflected in the Errata to Schedule D?
A. Yes, the only change between the 7/01/09 and 7/23/09 versions of the Default Service SMA is the update to Exhibit D. The original document contained a typographical error in Exhibit D, the Sample PJM Invoice. Credits from Auction Revenue Rights (“ARRs”) were incorrectly assigned to the Seller.
 
28. Q. With reference to Section 6.1 of the Default Service SMA, please explain the meaning of the phrase “as measured by PJM and adjusted by Buyer as appropriate” in the 2nd sentence of Section 6.1.  Is this intended to mean that Default Load (which already includes adjustments for Block Supply and Unit Entitlement Supply) is subject to further Buyer adjustments?  If so, what further adjustments is this intended to cover?
A. The purpose of this sentence is to allow for potential alterations as described later in the paragraph, including “meter corrections as reported to PJM, adjustments in the retail load settlement process, and reductions due to load response programs by PJM or the Buyer.”
 
29. Q. With reference to Section 4.2 of the Default Service SMA, please clarify the size and expected impact to supplier’s obligations of the demand response programs referenced in Section 4.2.
A. The current expected size of the demand response program is approximately 277 MW.  PPL Electric cannot determine future values at this time.
 
30. Q. On page 33 of the webcast presentation, you state that each day, PPL Electric will transmit to PJM the supplier responsibility share of POLR Peak capacity. For residential supply, will the 300 MW of block supply be first subtracted from the total PLC amount before the remainder is allocated to each supplier?
A.

Yes.  As indicated in the Full Requirements RFP Rules, PPL Electric will buy 300 MW of RPM capacity. PPL Electric will be responsible each day for providing 300 MW of RPM capacity (plus allocated NYPA capacity) for the load of default service customers in the Residential Customer Group. The total RPM responsibility of all full requirements suppliers will be the RPM capacity required to serve the load of default service customers in the Residential Customer Group less the 300 MW and the NYPA capacity supplied by PPL Electric for that Group. An individual full requirements supplier’s responsibility for capacity will be its Specified Percentage times the total RPM responsibility of all full requirements suppliers of the Residential Customer Group.

Please see Other/Load Following Full Requirements FAQ-1 for more information.

31. Q. I understand that PJM is discussing changing marginal loss allocation, and excluding 100 kV and below; my question then is, how do you think it might impact marginal losses in your region, assuming the rule goes through; and, what do you think the odds are?
A. PPL Electric cannot opine on anticipated changes to the PJM marginal loss implementation procedures or speculate on how a rule that has not yet been adopted would impact marginal losses in PPL Electric’s territory.  Under the current rules, PPL Electric Utilities will report to PJM loads that include all distribution and transmission losses (including PJM assigned 500 kV losses and unaccounted for energy). PJM will loss derate those loads for settlement purposes. Suppliers will be paid based on the loss derated load.
 
32. Q. The SMA’s current definition for “On-Peak Hours” excludes PJM holidays. Should NERC’s Additional Off-Peak Days (a.k.a. NERC holidays) be excluded instead? The set of holidays is different.  Is this a misprint?
A. This is not a misprint.  The Default Service SMA and the Block Supply SMA define “On-Peak Hours” to mean Hour Ending (“HE”) 0800 through HE 2300 EPT, Monday through Friday, excluding Saturday, Sunday and PJM holidays.
 
33. Q. Can you please provide more details of the "50 MW of energy and capacity associated with a long-term unit entitlement supply contract?"  For example, when will the unit entitlement processes be specified and the supply procured? If the RFP process for unit entitlement supply is unsuccessful, is the supplier responsible for supplying the unfilled amount up to 50 MW? Will capacity and ancillary services also be procured along with energy?
A.

The 50 MW unit entitlement supply is scheduled to begin June 1, 2011.  This supply has not been procured by PPL Electric and PPL Electric is required to conduct a collaborative with the parties involved in the PUC proceeding of the DSPP to establish the details of the unit entitlement supply.   PPL Electric expects that those details will be submitted to the PUC for approval.  PPL Electric expects to procure this supply through an RFP process.  The unit entitlement contract is expected to procure both energy and capacity. PJM will determine ancillary service responsibilities for PPL Electric and each supplier based on their individual loads and schedules.

Full requirements suppliers will be responsible for the residual energy and capacity needs of the Residential Customer Group.  The supply expected from this unit entitlement supply will be subtracted from the requirements of the DSPP load.  The terms of supply and the unit contingent risk will be determined from the collaborative process with all the parties, however PPL Electric expects to schedule a 50 MW block (24x7) supply from the unit entitlement purchase.

While details of the 50 MW unit entitlement purchase have not been developed, PPL Electric believes that a similar structure to how PPL Electric treats the 300 MW of Block Supply will apply to this unit entitlement supply as described in Other/Full Requirements FAQ-1.

34. Q. Are bidders in the Full Requirements RFP responsible for AECs pertaining to the 300MW block, 50MW unit entitlement supply and NYPA or any combination of these?
  A. No, Full Requirements Bidders are not responsible for AECs pertaining to the 300MW block supply, the 50 MW unit entitlement supply or the NYPA supply.
35. Q. There is a possibility that there will not be sufficient Tier I – Solar Alternative Energy Credits for all retail suppliers in PA to satisfy their compliance obligation. How will this be handled if a Supplier under the Default Service SMA is not able to procure sufficient AECs to satisfy its contractual obligations?
  A. PPL Electric will first work with the Supplier to determine the extent to which AECs are not available in the market for compliance obligations and decide if a Force Majeure claim under the AEPS Act is warranted. The supplier would be responsible for providing the ACP equivalent to the total number of SRECs not supplied under the terms of the contract for that period. This could also be considered an event of default under the contract terms and all options in the contract are available to the Buyer; however, an instance of default would be used only as a last resort. The Buyer would first attempt to come to an agreeable solution with the Supplier prior to an issue of default of the contract.
36. Q. What happens if the Supplier under the Default Service SMA does not supply AECs on a monthly basis 20 days after the calendar month? Would payments be withheld? If so, how will the amount withheld be calculated? Will such withheld payments be trued up if a Supplier meets its AEPS obligation for any monthly shortage during the 30 day reconciliation period after the Delivery Period?
  A. If the Supplier does not supply AECs on a monthly basis 20 days after the calendar month, PPL Electric would begin to withhold payment on the 21st day of the month. At a minimum, PPL Electric would withhold payment commensurate with the value of the credits that are not delivered. Such withheld payment will be trued up if a Supplier meets the AEPS obligations for any monthly shortage during the 30 day reconciliation period after the Delivery Period.
37. Q. What happens if the Supplier does not supply Alternative Energy Credits during the reconciliation period 30 days after the Delivery Period under the Default Service SMA? Would payments be withheld? If so, how will the amount withheld be calculated?
  A. In addition to the actions taken in Contract/Full Requirements FAQ-36, if after 20 days the Supplier does not deliver the contract amount of AECs for the month, at a minimum, payment will be withheld commensurate with the value of the credits not delivered. If after the 30 day reconciliation period AECs are still not delivered, the Buyer will, at a minimum, continue to withhold payments equivalent to the cost of the credits; however, if the Supplier has not delivered the requisite AECs by the end of the compliance period, the Buyer will follow the terms of the contract found in Section 4.4 of the Default Service SMA. Payments will be invoiced to the Supplier or withheld the next available pay period. Please note, this could also be considered an event of default under the contract terms and all options under the contract remain available to the Buyer.
38. Q. Since the Solar Alternative Compliance Payment is set after the Delivery Period, how would you administer that payment if a Supplier needs to make such payments under the Default Service SMA? (e.g. would there be an initial withholding based on an initial estimate of the SACP followed by a true-up once the SACP is established?)
  A. In the event that initial payments are withheld due to the non delivery of a Solar AEC, the amount withheld will be based on an estimate of the Solar ACP, which is described in Pennsylvania’s Alternative Energy Portfolio Standard as “200% of the average market value of solar renewable energy credits sold during the reporting periods within the service region of the regional transmission organization”. This will be reconciled once the Solar ACP is established.
39. Q. Can you please clarify when Suppliers are required to deliver AECs under the terms of the Full Requirements SMA? Are they required to deliver within 20 days after the end of the month during which electricity was delivered or do they have until 30 days after the end of the Delivery Period?
  A. Both 20 and 30 days are applicable. The 20 days applies during the delivery period of the contract on a monthly basis. The 30 day reference only kicks in after the contractual delivery period is completed (i.e. Contract expires) as it allows extra time for final reconciliation. Note: the AEC credits do not have to match up to the current period generation. The only requirement is that the credits are valid for the compliance period in which they are to be used. Both 20 and 30 days are applicable. The 20 days applies during the delivery period of the contract on a monthly basis. The 30 day reference only kicks in after the contractual delivery period is completed (i.e. Contract expires) as it allows extra time for final reconciliation. Note: the AEC credits do not have to match up to the current period generation. The only requirement is that the credits are valid for the compliance period in which they are to be used.
40. Q. Is there a minimum amount required in the Unconditional Guaranty that corresponds to the number of tranches served by a winning bidder?
  A. While the Unconditional Guaranty, if subject to a monetary limit, must be for at least $500,000, there is no per-tranche amount required in the Unconditional Guaranty. The Unconditional Guaranty may either be for unlimited liability, in which case the Seller will be granted Unsecured Credit up to the lesser of 5% of the Guarantor's Tangible Net Worth and the Unsecured Credit Limit based on the Guarantor's credit rating, as specified in Article 14 of the Default Service SMA; or it may be subject to a monetary limit, in which case the Unsecured Credit granted to the Seller will be the lesser of the amount of the Guaranty and the Unsecured Credit Limit as determined in accordance with Article 14.
41. Q. The timelines for delivery of AECs under the AEC SMA are longer (40 days after end of month, and 50 days after the end of the Delivery Period) than under the Default Service SMA. Why was a different timeline used in the Default Service SMA?
  A. The AEC SMA uses 40 and 50 days to better match up with the GATS certificate generation schedule as PPL Electric is purchasing AECs only, and not the associated energy. Also, AECs provided under the AEC SMA may be coming from specific projects, which are created approximately 30 days after electric generation; thus, time is given for such facilities to comply.
 
AEC
1. Q.

For purposes of reducing any credit exposure under the terms of the AEC SMA, will PPL Electric accept early deliveries of AECs?

A. PPL Electric will accept early deliveries of AECs if the AECs otherwise meet all requirements. To the extent that early deliveries are made, the exposure calculation will not apply to early deliveries. Hence, by delivering early an AEC supplier will be able to reduce or eliminate the credit exposure under the AEC SMA. However, the AEC SMA provides for monthly billing based on the Monthly Settlement Quantity. An AEC supplier can only invoice PPL Electric once a month, beginning with the second month of the delivery period for the Monthly Settlement Quantity, provided that quantity has been delivered. While early delivery can reduce credit exposure under the AEC SMA, it will not accelerate payment. PPL Electric intends to administer the AEC SMA this way as a courtesy available to all AEC suppliers. However, PPL Electric will not be proposing a change to the AEC SMA.  
   
2. Q.

For the Delivery Periods listed in section 1.1.7 of the RFP, is there a specific amount that has to be delivered each month or can the deliveries be made at any point in time during the stated Delivery Period?

A.

Under the terms of the AEC SMA, there is a specific amount that has to be delivered each month of the delivery period (the “Monthly Settlement Quantity”). The Monthly Settlement Quantity must be transferred to PPL Electric’s GATS account within 40 calendar days of each month of the delivery period, and within 50 calendar days of the last month of the delivery period. Please consult section 2.3(c) and 2.3(d) of the AEC SMA for more information. Please note that a revised SMA dated July 6, 2009 corrects information in these sections.

Please also see Contract/AEC FAQ-1 regarding information about early deliveries of AECs
 
3. Q. Am I correct in stating that the calculation for potential Performance Assurance is the difference between the forward price and the settlement price times the number of undelivered AECs less the Seller's Unsecured Credit?  
A.

First, please note that performance assurance is with respect to Aggregate Transactions, which mean that there will be netting of credit exposures across all other transactions for Default Service under Supply Master Agreements signed by the bidder and PPL Electric.

Should the AEC Supplier be a Party with PPL Electric only to the AEC SMA, then performance assurance will be with respect to only transactions under the AEC SMA. In such a case, the credit exposure will be calculated, with respect to each month remaining in the delivery period, as the sum of the products of each relevant month’s Monthly Settlement Quantity and the difference between that relevant month’s Forward Price and the Monthly Settlement Price.

Please also see Contract/AEC FAQ-1 regarding information about early deliveries of AECs. 
 
4. Q.

Can you provide an example of the calculation for Performance Assurance under the AEC SMA?

A.

First, let us assume that the AEC Supplier is a party with PPL Electric only to the AEC SMA. Let us also assume that there are two (2) remaining months left in the transaction delivery period, the monthly settlement quantity is 5,000 of TIER II AECs, and the monthly settlement price is $20/MWh. If the AEC forward price for both months is $27.5/MWh, then the credit exposure shall be equal to $75,000 (i.e., (10000 x ($27.5-$20). At any point during the term of the agreement, if the credit exposure is greater than the unsecured credit, then PPL Electric shall request that the AEC Supplier posts performance assurance in an amount equal to the difference between the credit exposure and the unsecured credit. As stated in Section 12.1 of the AEC SMA, “notwithstanding the above, Seller shall only be required to post the required Performance Assurance to the extent the amount of required Performance Assurance is equal to or greater than $50,000. Subsequent and incremental requests for Performance Assurance shall be in $25,000 increments.”

Please also see Contract/AEC FAQ-1 regarding information about early deliveries of AECs. 
 
5. Q. If there are any changes to the definition of AECs after a solicitation, will the suppliers be responsible for these changes?
A.

No. The AEPS obligations of winning suppliers in the AEC RFP will be specified in the Transaction Confirmation, and the AEPS obligations of winning suppliers in the Full Requirements RFP will be specified in Exhibit B to the Full Requirements SMA. These documents will be provided to the winning suppliers on the day the Pennsylvania Utility Commission approves the bid results of a solicitation. Thereafter, these documents will be the binding obligation of the winning suppliers, which will not change.

 
6. Q. What methodology should be used for the mark-to-market calculation for AECs? 
A. The Mark-to-Market methodology is described in Exhibit C of the AEC SMA. 
 
7. Q.

Can you confirm that for the AEC RFP the Monthly Settlement Quantity with the exception of the last month is equal to the following:

(hours in calendar month/total hours in the delivery period) x the specified amount of AECs sold by Seller.

A. This is correct. Under the AEC SMA, the seller is required to transfer AECs to PPL Electric’s PJM-EIS GATS account during the delivery period in generally equal amounts. As stated in Article 1 of the AEC SMA, “ ‘Monthly Settlement Quantity’ means, with respect to any calendar month during the Delivery Period except the last month, the product of (i) the hours in that month divided by the total number of hours in the Delivery Period; and (ii) the Specified Amount. For the last month in the Delivery Period, the Monthly Settlement Quantity means the Specified Amount less the sum of all Monthly Settlement Quantities for the previous months in the Delivery Period. 
 
8. Q. Are the AEC volumes for which the supplier is responsible at the retail meter or the wholesale meter?
A.

The AEPS Act requires that the Tier I and Tier II compliance requirements be based on electric energy sold to retail electric customers, not the total generation used by an EDC or EGS to meet customer demand. (see AEPS Act at 73 P.S. § 1648.3(b)).

As stated in the AEPS Act, “For each reporting period, EDCs and EGSs shall acquire alternative energy credits in quantities equal to a percentage of their total retail sales of electricity to all retail electric customers for that reporting period, as measured in MWh.” (See PUC Final Rulemaking Order in Docket No. L-00060180 dated September 29, 2008, Annex A, Title 52, Subpart C, Chapter 75, Subchapter D at § 75.61(b)).

For more information about the AEPS Act, please visit: http://www.puc.state.pa.us/electric/electric_alt_energy.aspx

 
9. Q. In the Block SMA and AEC SMA, the definition of Buyer’s Exposure is as follows:  “Buyer’s Exposure” during the term of a Transaction shall be deemed equal to an amount designated as the Credit Exposure under this Agreement. Where in the Agreement is “Credit Exposure” defined?  If it is not defined, can you please provide a definition?
A. Section 14.6 of the Block SMA and the Section 12.6 of the AEC SMA, “Aggregate Buyers Exposure," explain how exposure is calculated under the SMAs.
 
10. Q. With reference to Section 3.1 of the AEC SMA, the language in the Government Action section states that Seller is not responsible for any changes resulting from a Government Action occurring after the Transaction Date, including a change that impacts the value of the Product or a change that results in a cancellation of the AEPS.  However, the provision in the middle of the paragraph that states “(without rendering the Product out of compliance with the AEPS)” seems to be inconsistent with the remainder of the paragraph. What is the purpose of this language?  If the AEPS was cancelled, how would the product continue to be in compliance with the AEPS?  Was this language intended to transfer some of the compliance risk back to Seller?
A. The purpose of the above referenced wording, within section 3.1 of the AEC SMA, is to further clarify the obligation of the supplier.  In short, if the product complies with the AEPS requirements in effect on the Transaction Date, the supplier is not required to meet future governmental changes to the AEPS requirements in regards to previously agreed upon contracts.  This includes changes to the value of the product, cancellation of AEPS, or other such alterations.  All future contracts enacted after the date of this and other governmental alterations must be met to aptly comply with the contract terms.
11. Q. The timelines for delivery of AECs under the AEC SMA are longer (40 days after end of month, and 50 days after the end of the Delivery Period) than under the Default Service SMA. Why was a different timeline used in the Default Service SMA?
A. The AEC SMA uses 40 and 50 days to better match up with the GATS certificate generation schedule as PPL Electric is purchasing AECs only, and not the associated energy. Also, AECs provided under the AEC SMA may be coming from specific projects, which are created approximately 30 days after electric generation; thus, time is given for such facilities to comply.

 

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