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| General |
| 1. |
Q. |
Where can I obtain wire transfer instructions for the bid assurance collateral? |
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Wire transfer information will be provided only to qualified bidders. Bidders will be notified of their qualification status on Qualified Bidders Notified date, and wire transfer instructions will be provided to you shortly thereafter. |
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| 2. |
Q. |
Is a certified check an acceptable form of Bid Assurance Collateral? |
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A. |
No. The process requires RFP bidders to provide cash collateral by wire transfer. Wire transfer instructions for RFP Bidders who intend to provide Bid Assurance Collateral in the form of cash is available upon request from the RFP Manager. |
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| 3. |
Q. |
The Bid Assurance and Performance Assurance letters of credit use Pennsylvania state law, however our issuing bank has requested using New York state law. Is this change acceptable? |
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A. |
Please note sections 4.8.2 and 4.9.1 of the RFP Rules provide for a process by which bidders can propose modifications to the Bid Assurance and Performance Assurance Letters of Credit. Please refer to the list of acceptable modifications to these credit instruments posted on the Supplier Documents page of the RFP Web site. These documents will be updated no later than seven business days prior to the Bid Proposal Due Date. |
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| 4. |
Q. |
When will the acceptable modifications to the Bid Assurance and Performance Assurance Letters of Credit be posted to the RFP web site? |
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A. |
A list of all acceptable modifications to the Bid Assurance LOC will be posted to PPL Electric's RFP Web site no later than seven (7) business days before the Bid Proposal Due Date. |
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| 5. |
Q. |
Please provide the beneficiary's full contact information for the Bid Assurance Letter of Credit. |
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A. |
The contact information for the beneficiary is as follows:
Company Name: PPL Electric Utilities Corporation Full Address: Two North Ninth Street, Allentown, PA 18101 Contact Name: Douglas R. Stinner Telephone Number: 610-774-5568 Fax Number: 610-774-5694 |
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| 6. |
Q. |
How will we receive a response to our proposed modifications to the guaranty? |
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A. |
The response to each party's comments is communicated to the point of contact no later than 48 hours before the Cure Deficiency Deadline. The final form of the standard guaranty is as appended to the SMA. A list of all acceptable modifications to the standard guaranty will be posted to PPL Electric's RFP Web site no later than seven (7) business days before the Bid Proposal Due Date. |
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| 7. |
Q. |
If Bid Assurance Collateral is provided in cash, will this cash be held in an account segregated for the purposes of holding collateral for this solicitation only? |
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Any cash posted is deposited in a repurchase account at a Qualified Institution and is not commingled with any other funds. Also, please note that the RFP Bidder will not receive interest on cash submitted as Bid Assurance Collateral. |
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| 8. |
Q. |
Please confirm that we do not need to submit comments that have already been addressed in the Acceptable/Unacceptable modifications to the credit instruments for this upcoming solicitation. |
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The credit instruments that were standard in the previous solicitation have not changed for this solicitation. The list of acceptable proposed modifications to the credit instruments will be updated no later than seven business days prior to the Bid Proposal Due Date. Modifications approved for use in the previous solicitation will be approved for use in this solicitation. |
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| 9. |
Q. |
Will the bid assurance collateral be returned to the bidder or is this a fee for participating in the RFP? |
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A. |
Bid assurance collateral is not a fee for participating in the RFP. PPL Electric will hold the bid assurance collateral until either the RFP Bidder is notified by PPL Electric that it has not been awarded bids for a solicitation or until the RFP Bidder executes the Transaction Confirmation forms upon the Commission accepting its bids. Upon either of the above conditions, bid assurance collateral in the form of cash will be returned within one (1) business day, and bid assurance collateral in the form of a letter of credit will be returned within two (2) business days. |
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| 10. |
Q. |
Can the bank that confirms our Bid Assurance Letter of Credit attach confirming bank language to the end of the Letter of Credit? |
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A. |
Please note sections 4.8.2 and 4.9.1 of the RFP Rules provide for a process by which bidders can propose modifications to the Bid Assurance and Performance Assurance Letters of Credit. Please refer to the list of acceptable modifications to these credit instruments posted on the Supplier Documents page of the RFP Web site. These documents will be updated no later than seven business days prior to the Bid Proposal Due Date. |
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| 11. |
Q. |
We currently are providing energy under the 5-year Block Product. Should we win additional blocks in the Long-Term Products RFP, how will additional products be reflected in the MtM exposure we receive from PPL Electric, and will we be required to provide an additional or a separate guaranty? |
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A. |
The current report you receive for the MtM exposure will be revised to incorporate any new products and solicitations, including the Long-term Product. If you win any blocks of the Long-term Product, it will be shown on a separate line in the report.
If you are an existing supplier and have submitted an executed guaranty for load won in a prior solicitation in PPL Electric's Default Service Procurement Plan (DSPP), then you may amend the existing guaranty amount to account for any additional load that is won in a subsequent solicitation under the DSPP to satisfy the performance assurance requirements under the Supply Master Agreement(s). |
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| 12. |
Q. |
Please explain under what circumstances the Bid Assurance Collateral would not be returned? |
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PPL Electric will hold the bid assurance collateral until either the RFP Bidder is notified by PPL Electric that it has not been awarded bids for a solicitation or until the RFP Bidder executes the Transaction Confirmation forms upon the Commission accepting its bids. Upon either of the above conditions, bid assurance collateral in the form of cash will be returned within one (1) business day, and bid assurance collateral in the form of a letter of credit will be returned within two (2) business days.
The Bid Assurance Collateral will be forfeited if the Bidder is notified by PPL Electric that it has been awarded bids for a solicitation and the RFP Bidder does not execute the Transaction Confirmation forms in a timely manner. |
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| 13. |
Q. |
In regard to the Bid Assurance and Performance Assurance Letters of Credit, we have the following question: what the meaning is of “subsequent period” as used in the last paragraph of page 3 of the Letters of Credit? |
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A. |
The Bid Assurance Letter of Credit and the Performance Assurance Letter of Credit contain the following provision:
"6 A FAILURE TO MAKE ANY PARTIAL DRAWINGS AT ANY TIME SHALL NOT IMPAIR OR REDUCE THE AVAILABILITY OF THIS LETTER OF CREDIT IN ANY SUBSEQUENT PERIOD OR OUR OBLIGATION TO HONOR YOUR SUBSEQUENT DEMANDS FOR PAYMENT MADE IN ACCORDANCE WITH THE TERMS OF THIS LETTER OF CREDIT.”
The term “Subsequent Period” refers to the time period starting from the time when the beneficiary has a right to draw on the Letter of Credit but did not do so through the expiration date specified on the Letter of Credit.
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| Block |
| 1. |
Q. |
What is the required amount of Bid Assurance Collateral in the Block Supply RFP? |
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A. |
For the Block Supply RFP, each RFP Bidder must provide liquid Bid Assurance Collateral in an amount of $500,000 per tranche bid. A tranche in the Block Supply RFP is defined to a 25 MW block of around-the-clock electricity. |
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| Load Following Full Requirements |
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No questions submitted for this category at this time. |
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| AEC |
| 1. |
Q. |
Can the Bid Assurance Collateral for the AEC RFP be equal to the lesser of the total contract value of the submitted bid or $25,000? |
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No. As stated in section 4.7.1. of the AEC RFP Rules, bid assurance collateral must be in the amount of $25,000 per product for which the bidder is submitting a bid. For example, if a bidder is submitting a bid for all three products (i.e., Tier I (non-solar), Tier I (solar) and Tier II), the bidder must provide bid assurance collateral in an amount of $75,000. |
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| 2. |
Q. |
If a non-rated bidder's bid is accepted in the AEC RFP, will additional security beyond the $25,000 collateral be required to participate in the RFP? |
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A. |
In regard to participation in the AEC RFP, the bid assurance collateral requirement is $25,000 per AEC product in the AEC RFP. The purpose of this collateral is to assure commitment of the RFP Bidder to execute the Transaction Confirmations for the Products awarded to the RFP Bidder. PPL Electric will hold the Bid Assurance Collateral until either the RFP Bidder is notified that it has not been awarded quantities for a solicitation or until the RFP Bidder executes the transaction Confirmation forms upon being awarded quantities. Upon either of the above two conditions, Bid Assurance Collateral in the form of cash will be returned within one (1) business day, and Bid Assurance Collateral in the form of an LOC will be returned within two (2) business days.
During the delivery period, all winning AEC suppliers will be subject to performance assurance requirements, which are described in Article 12 of the AEC Supply Master Agreement. Please see Contracts/AEC FAQ-4 for more information. |
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| Long-Term Solar (SREC RFP) |
| 1. |
Q. |
Slide 16 of the March 31, 2011 Bidder Information Presentation indicates an equation for calculating credit exposure. Is this the amount PPL Electric identifies as being due should the bidder default on providing SRECs? Or is the bidder responsible for paying the actual remaining amount of the contract at the time of default? Please explain. |
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A. |
The calculation provided on slide 16 of the Bidder Information Presentation dated March 31, 2011 represents the credit exposure under the SREC SMA that is incurred upon the full execution of a Transaction Confirmation under the SREC SMA. Please note that for purposes of calculating the Aggregate Buyer's Exposure under the SREC SMA, credit exposures are netted across all other Supply Master Agreements under PPL Electric Default Service Procurement Plan between the Seller and PPL Electric. Assuming that the Seller is only a party to the SREC SMA, then the calculation described on slide 16 of the Bidder Information Presentation reflects the Aggregate Buyer's Exposure. The timing and process for delivering performance assurance collateral is described in Section 12.1 and Section 12.2 of the SREC SMA.
Should an Event of Default that is attributable to the Seller occurs, the Seller will be responsible for damages under the SREC SMA including, but not limited to, for each SREC not delivered, any positive difference between the contracted price of the SRECs and the price at which PPL Electric replaces the SRECs, or the alternative compliance payment required by the AEPS Act. |
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| 2. |
Q. |
Can you confirm our understanding of the credit exposure calculation as of 12/1/2011 and amount of required Performance Assurance LOC using the following assumptions:
(a) Months remaining in Delivery Period: 102 SRECs won: 3,000 (b) $/SREC: $200
Credit Exposure as of 12/1/11: 3,000 x $200 x 4.5% = $27,000 |
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A. |
Please note that for purposes of calculating the Aggregate Buyer’s Exposure under the SREC SMA, credit exposures are netted across all other Supply Master Agreements under PPL Electric Default Service Procurement Plan between the Seller and PPL Electric. Assuming that the Seller is only a party to the SREC SMA, then the calculation you described above would be used to determine the Performance Assurance requirement as of December 1, 2011. |
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| 3. |
Q. |
Please explain the process for providing performance assurance collateral under the SREC SMA. |
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The process to satisfy the performance assurance requirement under the SREC SMA is described in Section 12.1 and Section 12.2 of the SREC SMA. 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. The form of the Performance Assurance Letter of Credit is provided as Exhibit B to the SREC SMA. |
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| 4. |
Q. |
What are the Guarantor credit requirements? |
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For an RFP Bidder to rely on a Guarantor’s creditworthiness, the Guarantor must have at least two years worth of audited financial statements. Should the RFP Bidder be a winner at the SREC RFP, then for the purpose of performance assurance under the SREC SMA, the Guarantor may be granted an unsecured line of credit up to an amount in accordance with Section 12.3 of the SREC SMA if it executes the Unconditional Guaranty as it appears in the SREC SMA, and if it is able to make all representations and warranties therein. Under the terms of the SMA, the Supplier may provide, in lieu of an Unconditional Guaranty, other collateral in the form of cash, Letter(s) of Credit, or other security acceptable to PPL Electric. |
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| 5. |
Q. |
Are the acceptable modifications for the AEC RFP Bid Assurance Letter of Credit, acceptable to make for the SREC RFP Bid Assurance Letter of Credit? |
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Yes. |
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| 6. |
Q. |
What is the name and address of the Beneficiary as you would like to see it on the Bid Assurance Letter of Credit? |
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The contact information for the beneficiary is as follows: Company Name: PPL Electric Utilities Corporation Full Address: Two North Ninth Street, Allentown, PA 18101 Contact Name: Douglas R. Stinner Telephone Number: 610-774-5568 Fax Number: 610-774-5694 |
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| 7. |
Q. |
Can a bidder submit $25,000 cash on April 11, 2011 and then replace with Letter of Credit once the Letter of Credit is established after the April 11, 2011 date? (Around April 25, 2011) |
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Bid Assurance Collateral may be in the form of cash or a Bid Assurance Letter of Credit, and must be received by the RFP Manager by 12PM on April 14, 2011 for this April 2011 solicitation. For AEC RFP, the bid assurance collateral requirement is $25,000 per AEC product. The purpose of this collateral is to assure commitment of the RFP Bidder to execute the Transaction Confirmations for the Products awarded to the RFP Bidder. PPL Electric will hold the Bid Assurance Collateral until either the RFP Bidder is notified that it has not been awarded quantities for a solicitation or until the RFP Bidder executes the transaction Confirmation forms upon being awarded quantities. Upon either of the above two conditions, Bid Assurance Collateral in the form of cash will be returned within one (1) business day, and Bid Assurance Collateral in the form of an LOC will be returned within two (2) business days. PPL Electric expects to return Bid Assurance cash collateral by April 21, 2011 for non-winning bidders and April 22, 2011 for winning bidders. As such, you may not replace the Bid Assurance Collateral in the form of cash with a Bid Assurance Letter of Credit on or around April 25, 2011. |
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| 8. |
Q. |
Regarding the Bid Assurance Collateral, please explain how soon the collateral will be returned if our bid wins and if our bid does not win. |
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PPL Electric holds all bid assurance collateral until the PA Public Utility Commission (“PaPUC”) renders a decision concerning the SREC RFP. According to the terms of the SREC RFP, the PaPUC has up to 10 business days to make a decision concerning the RFP results. Following an affirmative PaPUC decision – bid collateral for those parties having not won any SRECs in the RFP will be returned within one business day for cash collateral and wo business days for Bid Assurance Letters of Credit following the PaPUC decision. Those parties having won SRECs in the SREC RFP will have bid collateral returned within two business days following the complete execution of all contracts associated with the RFP – specifically the SREC SMA and the transaction confirmations. If the PaPUC does not affirm the bid results, all bid collateral will be returned within one business day for cash collateral and two business days for Letters of Credit. |
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