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Q&A
The Procurement Administrator will endeavor to answer all submitted questions in a timely and professional manner in accord with the goals of the RFP process. Questions will be answered by the Procurement Administrator in the order they are received, except in those cases where a specific question requires additional consideration, thereby extending the response period.
#G17: If a bidder has submitted a $500 Bid Participation Fee to cover participation in one or both of the 2010 ComEd RFPs, is another $500 Bid Participation Fee required for the Ameren Illinois Utilities RFPs?
No, one $500 Bid Participation Fee covers participation in all of the 2010 Ameren Illinois Utilities and ComEd RFPs.
(Posted 4/13/10)
#G16: How does the proposed merger among Ameren entities affect the contracts under these procurements?
The name of the Buyer will change on each agreement.
(Posted 4/13/10)
#G15: How will Supplier Fee payments be invoiced and when are they due?
Invoices for Supplier Fees for all three procurements (capacity, energy and RECs) will be issued after the conclusion of the RECs procurement in late May. Payments will be due from winning bidders to the IPA by June 30, 2010.
(Posted 4/13/10)
#G14: What are Ameren's collateral posting instructions?
After a contract has been fully executed with a supplier, if the AIUs will require collateral posting from that supplier, the AIUs will provide a written request that will include all of the necessary posting instructions.
(Posted 4/1/10)
#G13: Are the results of past procurements available?
Yes, the ICC results are available for the 2008 procurement process and 2009 procurement process. The page with information about the 2010 procurement process will be updated as this year's activities progress.
(Posted 3/24/10)
#G12: If a prospective bidder's situation is such that it does not have credit ratings and audited financial statements that it can provide in the Bidder Pre-Qualification Application, would the bidder be automatically disqualified from participating?
If the prospective bidder is unable to submit any financial information or ratings, that would not, by itself, prevent such a prospective bidder from participating. Such a bidder would not, however, be in a position to qualify for a positive collateral threshold. The prospective bidder would need to submit other information in response to RFP requirements and questions in the Bidder Pre-Qualification Application. Upon consideration of all information and responses provided, those authorized to qualify individual bidders would make their qualification decisions based upon all the relevant data submitted by prospective bidders.
(Posted 3/23/10)
#G11: Is the bidder pre-qualification application non-binding?
Yes, the pre-qualification application is non-binding. The $500 Bid Participation Fee is non-refundable, but bidders can withdraw from participation in a particular RFP prior to bidding without consequences for its participation in other 2010 procurements or future procurements.
(Posted 3/18/10)
#G10: If a bidder checks multiple boxes for Capacity, Energy and/or RECs on Form 2 (Applicable Products) of the Pre-Qualification Application, is the bidder bound to participate in multiple RFPs? Conversely, can a bidder add additional products later in the process?
The option to indicate participation in multiple RFPs is offered as a convenience to the bidder, bidders can notify the Procurement Administrator at any time that are choosing to participate for fewer products without penalty. Bidders can indicate interest in additional RFPs by notifying the Procurement Administrator at any time prior to the Pre-Qualification Application deadline for a particular RFP.
(Posted 3/17/10)
#G9: What phone number should be used for overnight shipping the Bid Participation Fee to the Illinois Power Agency?
The delivery phone number for the Bid Participation Fee is (312) 814-8106.
(Posted 3/17/10)
#G8: Does the check for the Bid Participation Fee have to be cerfied or can it be a manual check from a bidder's company?
Corporate checks will also be accepted for payment of the Bid Participation Fee.
(Posted 3/17/10)
#G7: Are bidders required to submit separate separate Bid Participation Fees to participate in each of the RFPs for the Ameren Illinois Utilities?
No, payment of a single $500 Bid Participation Fees allows bidders to participate in all three RFPs for capacity, energy and RECs for the Ameren Illinois Utilities.
(Posted 3/16/10)
#G6: Are there any other options other than mailing a check for submission of the $500 Bid Participation Fee?
No, all Bid Participation Fees must be submitted by check to the Illinois Power Agency.
(Posted 3/16/10)
#G5: Is the Pre-Qualification Application applicable to all three RFPs?
Yes, the Pre-Qualification as currently posted is applicable to all RFPs. If a bidder is interested in more than one RFP, only one Pre-Qualification Application and Bid Participation Fee need to be submitted. The deadline for submission is the earliest of the due dates for the selected RFPs. Please note that bidders participating in only the RECs RFP do not need to fill out the entire Financial Information section; see the Application for additional details.
(Posted 3/16/10)
#G4: Why is Bidder banking information included as part of the Pre-Qualification Application?
The compressed timeframe for contract execution means that as much of the contract information as possible is being collected in advance, in order to streamline contract preparation for winning bidders.
(Posted 3/16/10)
#G3: Can you please describe the purpose for the requirement of the Pre Bid LOC (ILOC), what it is used for and when will it be returned?
The purpose of the pre-bid letter of credit is to assure that winning bidders will execute a binding agreement to provide the offered product. The pre-bid letter of credit will be returned to winning bidders as soon as a binding contract is executed and any required performance assurance is provided. The pre-bid letter of credit will be returned to losing bidders soon after the winning bidders are notified.
(Posted 3/16/10)
#G2: Is there a tie or link between being selected as a winning bidder in in the Capacity, Energy and RECs procurements?
No. The bids in each procurement are considered independently.
(Posted 3/9/10)
#G1:
Is the information from prior procurements available for review prior to the posting of the 2010 documents?
Yes. The procurement information from the 2008 and 2009 procurement processes is available via the links at the bottom of each page of this website.
(Posted 3/9/10)
#C31: How will fractional PRCs that result from the division of awarded PRCs between the three Ameren Illinois Utilities be handled for purposes of contract execution?
The MISO MECT tool allow transfers down to 1/10 (0.1) of a Megawatt.
(Posted 4/7/10)
#C30: Based on when the ICC approved the procurement results, when will contracts be executed?
Contracts must be executed within 3 business days of ICC approval. ICC approval occurred on Wednesday, April 7th, therefore contracts must be executed by Monday, April 12th.
(Posted 4/7/10)
#C29: Are the results of the 2010 capacity procurement available?
Yes, the results are available through the ICC website.
(Posted 4/7/10)
#C28: Why does the definition of Total Exposure Amount indicate that Exposure under Confirmation Agreements for PRCs is calculated based upon 10% of the Remaining Contract Value rather than a mark-to-market calculation or termination payment calculation?
Markets for PRCs are not considered sufficiently liquid to produce consistently reliable mark-to-market calculations or termination payment calculations. Using 10% of Remaining Contract Value is viewed as an equitable approach to managing the AIUs' credit risk in the event a supplier does not deliver PRCs in accordance with its contract obligations, and the AIUs are required to replace such undelivered volumes.
(Posted 4/2/10)
#C27: What mitigation measures will be taken by the Ameren Illinois Utilities if the Seller should fail to deliver?
Section 2(c) of the Capacity Confirmation Agreement states that "Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party's performance or non-performance of this Confirmation Agreement."
(Posted 4/2/10)
#C26: Given that the April 15th delivery deadline for the 2010/2011 Planning Year is within a few days of contract execution, are bidders required to post performance assurance for these PRCs?
Winning suppliers can deliver PRCs for the 2010/2011 Planning Year immediately upon contract execution in lieu of Performance Assurance.
(Posted 4/2/10)
#C25: How does the proposed merger among Ameren entities affect the contracts under this RFP?
The name of the Buyer, Party B will change on each agreement.
(Posted 4/2/10)
#C24: Why is the Availability Certificate (Annex 3) to the Post-Bid Letter of Credit necessary, and how does it work?
The Availability Certificate may be submitted to an issuing bank by an Ameren Illinois Utility. The purpose would be to request an amendment to the Letter of Credit in order to document that there is a new amount available for drawing under the letter of credit (for example, after a draw has taken place). As indicated within paragraph 5 of the letter of credit, the issuing bank may respond but is not under a specific obligation to respond to such a request.
(Posted 4/1/10)
#C23: Assuming that a customer owns behind the meter generation and has not registered the generation as a resource with MISO, is there anything that would preclude a customer from using this generation to meet a capacity obligation during a demand response event? We believe that the MISO will allow this resource to be registered as an LMR, please confirm. Has legislation been enacted by the State of Illinois that would legally prevent behind the meter generation from participating as a capacity resource?
If a customer can work within the rules and regulations of the Midwest ISO to convert its unregistered Behind the Meter Generation into PRCs, then the customer should be able to participate.
(Posted 4/1/10)
#C22: What resource types qualify as PRC's under the MISO tariff? Does it include DRR Type-I, DRR Type-II and LMRs?
It is the responsibility of the bidder to make sure their capacity can be converted to PRCs according the rules and regulations of the Midwest ISO.
(Posted 3/30/10)
#C21: Please define "term" as used on page 12, section 5.7 of the RFP. Does term require 24/7 availability for each day (business, non-business and NERC defined holidays) of the awarded month or something else?
When a bidder converts their capacity to a PRC at MISO, the PRC qualifies as providing monthly Capacity for all hours of the term of the PRC.
(Posted 3/30/10)
#C20: Where can I find the Bidder Registration Form?
The Bidder Registration Form is available to Pre-Qualified Bidders for download from the Bidder Registration page.
(Posted 3/29/10)
#C19: Could you please propose a change to the pre-bid LC which states how the breakdown of the amount would occur between the 3 Ameren Illinois Utilities in the event of a claim? Otherwise, is it possible to issue 3 separate LC's to the separate entities?
Until circumstances arise that would justify one or more claims, the Ameren Illinois Utilities (AIUs) would not be in a position to identify which utility or utilities would be affected and in what amount or amounts. For the sake of simplicity and to remain consistent with previous successful AIU procurement processes, the AIUs' preference is to receive a single pre-bid letter of credit naming all three AIUs as beneficiaries.
(Posted 3/29/10)
#C18: Does the response to #C17 apply for both Generation resources and Demand Response resources?
Yes, Generation resources and Demand Response resources will be evaluated on the same basis.
(Posted 3/29/10)
#C17: Does a capacity offer have to be available for the entire contract term (ie. 6/2010 to 5/2013) or can the offer commence at any time (ie. 6/2011)? Will each month be evaluated independently or in series?
Bidders may offer bids for any or all of the monthly products, and each monthly product will be evaluated independently.
(Posted 3/29/10)
#C16: Which legal entity is the Pre-bid LC issued to?
Similar to previous years, the pre-bid L/C is issued to all three of the AIUs as indicated in the top paragraph of the pre-bid L/C format. "Ameren Illinois Utilities" is not the legal entity name. The three legal entity names are Central Illinois Light Company dba AmerenCILCO, Central Illinois Public Service Company dba AmerenCIPS, and Illinois Power Company dba AmerenIP. If the AIUs need to draw on the letter of credit, the AIUs will, if needed, furnish a W9, which includes taxpayer identification and should serve adequately as proof of formation.
(Posted 3/26/10)
#C15: If a bidder is unsuccessful in the capacity RFP, will the pre-bid LC be returned prior to the expiry date?
Yes, if a bidder is unsuccessful in the capacity RFP, the AIUs will, upon request, return the bidder's pre-bid letter of credit.
(Posted 3/26/10)
#C14:
Will the format for submitting capacity bids be available prior to bid day?
Yes, the capacity bid form will be distributed to pre-qualified bidders with notice of pre-qualification on Monday, March 29th.
(Posted 3/26/10)
#C13:
Will a redline be posted with the final contract showing the changes from the draft contract, to make reviewing the changes easier?
Yes, we will post a redline showing the changes to the draft contract that were accepted for the final contract.
(Posted 3/26/10)
#C12:
Is the eligible pool of customers that are able to participate in a DR program for the IPA capacity auction limited to those AIU customers receiving bundled service from the utility (ie. 400 kW and below) or are all customers within the AIU footprint eligible for participation?
DRRs bid into the capacity procurement must meet the criteria listed in section 3.1 (on page 4) of the RFP.
(Posted 3/24/10)
#C11:
Please provide clarification regarding whether it is a prerequisite that 3rd party Curtailment Service Providers (CSP) have established contracts with end-use customers prior to bidding into the capacity auction?
No, it is not a prerequisite that 3rd party Curtailment Service Providers (CSP) have established contracts with end-use customers prior to bidding into the capacity auction. The winning supplier must deliver PRCs as defined in the Confirmation Agreement in accordance with the Performance, Title & Delivery section of the Confirmation Agreement.
(Posted 3/23/10)
#C10:
When is the deadline for submitting the $500 Bid Participation Fee to the Illinois Power Agency?
The deadline for the Illinois Power Agency receiving the $500 Bid Participation Fee has been extended to Monday, March 29th, in order to accommodate changes in the fee submission process this year.
(Posted 3/22/10)
#C9:
If a bidder has credit ratings below Baa3/BBB- and therefore has a collateral threshold of $0, do additional steps need to be taken to be able to offer into the auction? How much would be required on the pre-bid ILOC?
The amount of the pre-bid LC ($100,000 for capacity) is the same for all bidders regardless of the awarded collateral threshold. If a bidder is pre-qualified with a collateral threshold of $0 and is a winner in the RFP, they will need to provide performance assurance (as described in section 5.9 of the RFP) for the total aggregate credit exposure, unadjusted for a collateral threshold, following contract execution.
(Posted 3/16/10)
#C8:
Are the values in the table on the Capacity RFP page the actual values being requested, or does the percentages quoted above the table need to be applied to those table numbers?
The numbers in the table are the actual values that will be procured, the percentages have already been applied. See also page 3 of the Capacity RFP.
(Posted 3/16/10)
#C7:
Can a party other than the bidder or guarantor post the Pre-Bid Letter of Credit on behalf of a bidder?
Yes. Another party may post the pre-bid ILOC for a bidder's offer as long as that party uses the final Form of Pre-Bid ILOC provided as Attachment B to the RFP, once it is available.
(Posted 3/16/10)
#C6:
If a bidder has a contractual agreement already in place with the Ameren Illinois Utilities, is it still necessary to post a Pre-Bid Letter of Credit?
Yes. All bidders must post a Pre-Bid Letter of Credit using the final Form, once it is available.
(Posted 3/16/10)
#C5:
Can a bidder post cash in lieu of an LC for the Pre-Bid LC requirement where the same terms of the LC would apply.
Section 5.6, Bidder Registration, of the Capacity RFP requires pre-qualified bidders to provide a pre-bid irrevocable letter of credit (ILOC) in the amount of $100,000. The RFP also specifies the form, date, and validity period for the ILOC.
This requirement is consistent with the 2009 Capacity RFP that was successful last year. AIU has not established a procedure or rules for accepting cash or other collateral in place of the pre-bid ILOC. The Procurement Administrator does not consider the ILOC requirement unduly burdensome for bidders. Therefore cash or other collateral cannot be provided as a substitute for the pre-bid ILOC.
(Posted 3/16/10)
#C4:
Will it be possible to get get feedback on specific contract comments prior to the posting of the final contracts?
No. All comments will be reviewed following the submission deadline, and final contracts will be made available to all bidders and other interested parties as shown in the RFP schedule.
(Posted 3/16/10)
#C3:
Can final binding bids be submitted prior to April 5th?
Final bids will only be accepted from 7:00 am CPT to 12:00 noon CPT on 4/5/10. The bid submission form (an Excel document) will, however, be available earlier and can be prepared in advance if so desired and then submitted on the Bid Date. The submission process will consist of uploading the saved Excel file to the secure procurement website.
(Posted 3/16/10)
#C2: Does each month require a price and will each month be evaluated separately? May we submit one price for the months June 2010-May 2011 only to be procured for that term as a whole, but not each month separately?
Bids for each month will be evaluated independently. A price will be required for each 10-MW block bid, although more than one block can be bid at a given price. As stated in section 3.2 of the Capacity RFP: "Bidders may not offer bids with contingencies, such that acceptance of one bid is conditioned upon the acceptance or rejection of another bid." This holds true for bids within the same month and bids between different months.
(Posted 3/16/10)
#C1:
Section 5.3.1 of the RFP requests the latest 10-K and the latest 10-Q. Do you need the latest 10-Q if it is prior to the latest 10-K?
Yes, as stated in the RFP, please submit links to the latest 10-Q, latest 10-K, and any 8-Ks filed since the last 10-K or 10-Q, whichever is most recent. Paper copies of these documents do not need to be submitted if the documents are available electronically.
(Posted 3/16/10)
#E19: Will bidders receive a preliminary notice of whether or not they have bids in the award group recommended to the ICC?
No, there will be no preliminary notifications. Bidders will be notified of all awards following the ICC's ruling on the Procurement Administrator's recommendations, which will occur on either Thursday, May 6th, or Friday, May 7th.
(Posted 5/3/10)
#E18: If a bidder has already executed a guaranty as a result of the 2010 Capacity procurement, does that bidder need to execute a separate Guaranty if they are successful in the Energy auction?
If the bidder is awarded contracts following the energy bidding, the bidder will be able to modify its existing capacity guaranty in order to provide a single guaranty to cover all capacity and energy agreements. The language is provided within "Schedule 2 to Form of Guaranty." Essentially this will require the insertion of the correct dates for the bidder's capacity and energy Confirmation Agreements near the top of the first page of the guaranty. In addition, if the bidder is awarded energy contracts, they can feel free to contact the Utilities' Credit group in order to get clarification on any questions they may have.
(Posted 5/3/10)
#E17: Can the modifications shown in Schedule 1 to the Form of Guaranty be made to Schedule 2 to the Form of Guaranty?
Yes, with the understanding that if the bidder wishes to use Modification #1 of Schedule 1, the bidder will need to change "Guaranteed Party" to say "Guaranteed Parties" in two places within the redlined language shown. Modification #2 through Modification #7 in Schedule 1 may be adopted verbatim when using the Schedule 2 format.
(Posted 5/3/10)
#E16: In the final contract, the paragraph above Table A (on page 16) indicates that, for a bidder with an $80 million credit limit, the amount allocated to AmerenCILCO would be $15,600,000, but elsewhere in the contract and RFP documents, the AmerenCILCO amount is shown as $13,600,000. Which is the correct number?
If a bidder has an $80 million threshold, $13,600,000 would be allocated to AmerenCILCO.
(Posted 5/3/10)
#E15: Please clarify the new language in the definition of "Threshold", specifically the language regarding how a party's Threshold will be determined if a single guarantor is guarantying the obligations of multiple auction participants. For example, please clarify whether the 3rd paragraph of the definition of Threshold only applies to Affiliates who have a common guarantor or whether it applies to Affiliates generally, how the calculation set forth in paragraph 3 will work if a guarantor is providing a single guaranty to the three utilities, each granting a different threshold, for multiple affiliates, and what happens if the calculation set forth in paragraph 3 results in entities guaranteed by a single guarantor receiving credit lines that in the aggregate exceed the applicable threshold for such guarantor as set forth in Table A.
The language in the third paragraph of the definition of "Threshold" applies to affiliates in general. Multiple affiliates will need to split unsecured credit such that no more than a total of $80 million (across all Fixed Price Customer Supply Contracts with all three AIUs) will be granted to all of the affiliates in aggregate. For example, let's say Affiliate A would qualify for $60 million of unsecured credit because its guarantor is eligible to provide a parent guaranty for that amount, and Affiliate B would qualify for $40 million as a standalone. The unsecured credit for Affiliate A would be determined as follows (as indicated in the third paragraph of the definition of "Threshold"): IP unsecured credit = $60MM/($60MM + $40MM) x $40MM = $24MM; CIPS = $60MM/($60MM + $40MM) x $26.4MM = $15.84MM; CILCO = $60MM/($60MM + $40MM) x $13.6MM = $8.16MM. The guarantor for Affiliate A would provide a guaranty for the sum of these three amounts = $48.0MM. The unsecured credit for Affiliate B would be determined as follows: IP unsecured credit = $40MM/($60MM + $40MM) x $40MM = $16MM; CIPS = $40MM/($60MM + $40MM) x $26.4MM = $10.56MM; CILCO = $40MM/($60MM + $40MM) x $13.6MM = $5.44MM. The total unsecured credit for Affiliate B as a standalone would be $32.0MM. The total unsecured credit for Affiliates A and B combined would be $48.0MM + $32.0MM = $80.0MM. If a guarantor intends to provide a guaranty for more than one affiliate, the guarantor would need to provide a separate guaranty for each affiliate, and the sum of the guaranty amounts cannot exceed the amount for which the guarantor would qualify via Table A.
(Posted 5/3/10)
#E14: If an energy supplier was also awarded capacity in the 2010 procurement, is that supplier permitted to use a Letter of Credit with options shown in the energy contract but not the capacity contract?
Yes, a supplier using a Letter of Credit as collateral for both the 2010 capacity and energy contracts may use any or all of the options included in the energy contract, regardless of whether those options also appeared in the capacity contract.
(Posted 5/3/10)
#E13: How will a supplier's or Guarantor's credit limit be allocated among the agreements with the three Ameren Illinois Utilities?
The credit limit will be allocated 50% to AmerenIP, 33% to AmerenCIPS and 17% to AmerenCILCO.
(Posted 5/3/10)
#E12: If the Ameren Illinois Utilities, or their re-organized successor, falls below investment-grade ratings, what protections are place for supplier collateral?
Please see Section 8(g) of the ISDA Confirmation Letter, which describes the process for transferring collateral to a custodian if the Utilities become ineligible to hold collateral due to a Credit Rating Event.
(Posted 5/3/10)
#E11: What are the expected effects of the Ameren Illinois Utilities re-organization on the Utilities' credit ratings?
In a report dated March 15, 2010, Moody's indicated that the planned reorganization of Ameren's Illinois businesses will not affect the ratings or stable rating outlooks of Ameren's three Illinois utility subsidiaries.
(Posted 5/3/10)
#E10: Is a redline of the changes in the 2010 draft energy contract relative to the final 2009 energy contract available?
Yes, the redline is posted to the Energy page under the "Documents" section.
(Posted 4/19/10)
#E9: Which contracts are designated as Fixed Price Customer Supply Contracts, as defined in the ISDA Confirm Letter?
Fixed Price Customer Supply Contracts include all contracts with the Ameren Illinois Utilities that are designated as such in the contract. If a supplier has any existing contracts with the Ameren Illinois Utilities, whether the contract is a Fixed Price Customer Supply Contract can be determined based on whether the designation is included in the contract. The 2010 capacity contracts entered into following the April 5, 2010 procurement, and the capacity and energy swap contracts entered into following the 2009 procurements are all designated as Fixed Price Customer Supply Contracts.
(Posted 4/16/10)
#E8: If a potential bidder already has an ISDA in place with AMEREN or is in the process of negotiating an ISDA, does a potential bidder have to execute the ISDA Letter Agreement or can the existing ISDA be used? Alternatively, if a bidder was awarded energy blocks in the 2009 procurement, will they need to execute a new ISDA Confirmation Letter (including attachments 1 and 2)?
The structure of the Energy RFP contract is a long form confirmation; meaning that all transactions between a bidder and a utility will be placed into Table 1 and will be governed by this single document. The long form confirmation incorporates the 1992 ISDA Master Agreement and 1994 ISDA Credit Support Annex. This structure is different from a master agreement with different confirmations underneath it, but functionally works in the same way by having all transactions and legal documents act as a single agreement; the long form confirmation, though, is one document with only one signature block.
Bidders who are awarded energy contracts through the 2010 procurement process must execute independent ISDA long form confirmation letters in the form of the final Attachment A to the RFP, which will be issued on or before April 29, 2010, to cover the awards. The Transaction shall be subject to and governed by all the terms and conditions from the ISDA Master Agreement and Credit Support Annex that are included as Attachments 1 and 2 to the confirmation letter. (Posted 4/15/10)
#E7: Can the $500 Bid Participation Fee be submitted by wire transfer?
No, Bid Participation Fees can only be submitted by check this year.
(Posted 4/14/10)
#E6: If a winning bidder who is unrated and does not maintain its own audited financial statements has named a guarantor in its Pre-Bid Qualification Application, must the bidder actually submit a guaranty after it executes its contract with Ameren, or may the winning bidder provide another form of performance assurance in lieu of a guaranty?
In lieu of a guaranty, bidders may post cash or a letter of credit (using the form specified in the contract) as collateral.
(Posted 4/13/10)
#E5: In other jurisdictions, RFP rules allow for an alternative form of guaranty process to establish credit support for standard offer/default service products. Can modifications to the form of Guaranty be proposed by interested bidders? If so, is Ameren willing to consider a potential bidder's proposed modifications to the guaranty, provide feedback on those proposed changes to the bidder, and then allow the bidder to adjust and resubmit a guaranty in response to Ameren's comments?
Bidders are invited to submit redlined comments to the posted draft form of guaranty. These changes will be reviewed as described in Section 4.1 of the RFP and acceptable changes will be incorporated into the final confirm (including the guaranty) that will be posted on or before April 29, 2010.
(Posted 4/13/10)
#E4: Can a supplier who has one or more existing guaranties currently in place with the Ameren Illinois Utilities use that same form of guaranty for credit support should it be successful in the Energy RFP? In the alternative, may a supplier amend one of its existing guaranties with Ameren to provide credit support for the Energy RFP?
If a winning supplier in the 2010 energy procurement chooses to use a guaranty for credit support, that guaranty must be in the format provided in the final confirm and schedules, which will be available on or before April 29, 2010. An existing guaranty can be amended as long as the amended version includes all modifications required to make it completely consistent with the guaranty format provided with the final confirm, along with any modifications as per the applicable schedules on the RFP website. Also, it should be noted that a guaranty for Fixed Price Customer Supply Contract (FPCSC) activity cannot also cover contracts that are not FPCSCs.
(Posted 4/13/10)
#E3: Is it necessary to provide separate Bid Participation Fees for the Energy RFP and the ComEd Standard Products RFP?
No, one $500 Bid Participation Fee covers participation in both the 2010 Energy and Standard Products RFPs.
(Posted 4/13/10)
#E2:
In Table A (Page 16) of the Draft Confirmation letter, The Threshold / Credit Limit states that A- and above counterparties only have a credit limit of $40 million (of which CIPS is $26.4mm and CILCO is $13.6mm). Since IP is 50% of the total obligation (and not listed anywhere), should the Threshold / Credit Limit be set at $80 million?
The Draft Confirmation Letter provided as Attachment A to the Energy RFP is written with AmerenIP as the signatory, as shown on page 1 of the document. The $40 million credit limit shown for counterparties with a credit limit of A- or better is AmerenIP's 50% of the total $80 credit limit. In the contract with AmerenCIPS the credit limit would be $26.4 million and in the contract with AmerenCILCO the credit limit would be $3.6 million.
(Posted 4/13/10)
#E1:
The RFP states the floating price will be calculated as the average MISO Day-Ahead LMP at teh AIU Load Zone. Can you confirm that 50% of this quantity will be AMIL.CIPS / 33% at AMIL.IP / 17% at AMIL.CILC?
The quantity percentages are 50% - AMIL.IP, 33% - AMIL.CIPS, and 17% - AMIL.CILCO. However all of these will now settle at the MISO CP Node AMIL.BGS9. Having all three utilities settle at one CP Node will help facilitate the future reorganization into one Ameren Illinois Company.
Ameren announced March 15 that it plans to reorganize its three Illinois electric and gas utilities - AmerenCIPS, AmerenCILCO and AmerenIP - into a single public utility that would do business as Ameren Illinois Company. As the first step in accomplishing this reorganization, Ameren and its subsidiaries filed an application with the Federal Energy Regulatory Commission and notices with the Illinois Commerce Commission, March 15. The Ameren Illinois utilities intend to complete the reorganization by Oct. 1, 2010. (Posted 4/1/10)
#R24: Will the ERCOT REC tracking system be accepted for use in this procurement?
The same company, APX, that developed and manages the M-RETS and PJM-GATS systems also developed the ERCOT Texas REC trading system ("My RECs"). The "My RECs" tracking system is acceptable for use in this procurement.
(Posted 5/11/10, Updated 5/14/10)
#R23: The RFP states that full payment will be made for deliveries if the total contract value is less than $100,000. The Draft Agreement currently has this figure set at $50,000. Which value will be the final value?
The $100,000 value is in total across all three companies (AmerenCILCO, AmerenCIPS, and AmerenIP). The Draft Agreement was for Ameren IP only.
(Posted 5/11/10)
#R22: What procedure will be used to retire RECs accepted in the AIU procurement?
In GATS, RECs are to be transferred to a RECs Reserve Sub-Account, and note a Reservation Reason of "For transfer to AMEREN", and use "EXPT" for the Reason Code. In MRETS, RECs are to be moved to a REC Retirement Sub-Account and note a Retirement Reason of "For transfer to AMEREN", and use "OTH" for the Retirement Type.
(Posted 5/11/10)
#R21: Will a supplier fee be charged to winning REC bidders?
Yes, the Illinois Power Agency will collect a $0.15/REC supplier from winning bidders. More information about this form is available to pre-qualified bidders on the Bidder Registration page.
(Posted 5/3/10)
#R20: Is there a minimum REC bid amount?
No, RECs may be bid in any integer quantity.
(Posted 5/3/10)
#R20: Is there a minimum REC bid amount?
No, RECs may be bid in any integer quantity.
(Posted 5/3/10)
#R19: Does the harmonization between the Ameren Illinois Utilities and ComEd procurements extend to include bid evaluation?
No, bid evaluation will take place separately for the two utilities.
(Posted 5/3/10)
#R18: If a bidder submits submit multiple bids into the same class, such as IL-Wind, and is awarded multiple bids, does the bidder receive the price of the bid submitted or the average price of the awarded bids. If it is the average, is it weighted?
Please see Section 3 (Deliveries and Quantity) of the Draft REC contract, there is a note under the table which states the following: "[Note that if a supplier wins multiple blocks of a single Class of Resource with different prices, a single quantity will be used for the entire quantity with a fixed price which is the load weighted average of the individual prices rounded to the nearest $0.01]"
(Posted 4/19/10)
#R17: Is a redline of the changes in the 2010 draft REC contract relative to the final 2009 REC contract available?
Yes, the redline is posted to the RECs page under the "Documents" section.
(Posted 4/19/10)
#R16: Is it necessary to provide separate Bid Participation Fees for the two REC RFPs (Ameren Illinois Utilities and ComEd)?
No, one $500 Bid Participation Fee covers participation in both the 2010 REC RFPs.
(Posted 4/13/10)
#R15: What is the period of generation that the RECs can come from
The generation period for RECs under this procurement is January 2010 through May 2011.
(Posted 4/13/10)
#R14: What is the status of the IPA's long-term renewable resource procurement?
The IPA has not selected a Procurement Administrator for the long-term renewable resource procurement. Once a Procurement Monitor has been selected, a link to their website will be available on the ICC's 2010 procurement process website.
(Posted 4/13/10)
#R13: Do the Ameren Illinois Utilities hold accounts with the REC tracking systems (M-RETS, PJM Gats, etc.)? Will winning bidders transfer generated to RECs to the Utilities or retire them in the Utilities' name?
The Ameren Illinois Utilities do not hold accounts with the REC tracking systems. Suppliers will retire RECs on behalf of the Utilities. Suppliers will bear any costs associated with retiring the RECs.
(Posted 4/12/10)
#R12: If a bidder is not located in PJM or MISO and is not currently a member of a RECs tracking system, how should that bidder certify their RECs?
Both PJM GATS andd M-RETS allow generators outside of their ISO service areas to register with them.
(Posted 4/12/10)
#R11: If a bidder's Collateral Threshold is not adequate to cover the full amount of Performance Assurance, is it possible to avoid posting a guaranty, letter of credit or cash?
Yes, because RECs generated as early as January 1, 2010 will be accepted, a winning bidder can deliver all or a portion of their awarded quantity on the contract Effective Date, which would reduce the Remaining Contract Value that Performance Assurance would be posted to cover.
(Posted 4/12/10)
#R10: Do bidders need to submit one Pre-Bid Letter of Credit, or three (one for each Utility)?
Bidders only submit one Pre-Bid ILOC, which covers all three Utilities.
(Posted 4/12/10)
#R9: Will winning bidders execute a single contract covering all three Ameren Illinois Utilities, or three contracts, one with each Ameren Illinois Utility?
Winning RECs bidders will execute three contracts, one with each Ameren Illinois Utility.
(Posted 4/12/10)
#R8: If an unrated entity posts a guaranty from a creditworthy parent, what is the methodology for determining the dollar amount of this unconditional guaranty?
The amount of unsecured credit (collateral threshold) awarded to a bidder will be determined based on the guarantor's long-term unsecured senior debt credit ratings, as shown in Table A of the 2010 RECs RFP. The amount of the parent guaranty would normally be equal to the amount of unsecured credit. The guarantor may provide a guaranty for less than that amount, but lowering the guaranty may increase that bidder's collateral requirement.
(Posted 4/12/10)
#R7: Can bidders post cash in place of the pre-bid letter of credit?
Section 5.7, Bidder Registration, of the RECs RFP requires pre-qualified bidders to provide a pre-bid irrevocable letter of credit (ILOC) in the amount of $10,000. The RFP also specifies the form, date, and validity period for the ILOC.
This requirement is consistent with previous RFPs in Illinois. The Ameren Illinois Utilities have not established a procedure or rules for accepting cash or other collateral in place of the pre-bid ILOC. The Procurement Administrator does not consider the ILOC requirement unduly burdensome for bidders. Therefore cash or other collateral cannot be provided as a substitute for the pre-bid ILOC.
(Posted 4/12/10)
#R6: When will the Bidder Registration materials be available to pre-qualified bidders?
There are two components to the Bidder Registration process, the Bidder Registration Form and the Pre-Bid Letter of Credit. The Bidder Registration Form will be available to pre-qualified bidders upon notification of pre-qualification and credit status, i.e. no later than Tuesday, April 27th. Final approved modifications to the form of the Pre-Bid Letter of Credit will be available on or before Monday, May 3rd.
(Posted 4/12/10)
#R5: If a bidder in the RECs RFP does not have credit ratings, what information should be provided?
An explanation of why the bidder does not have credit ratings (e.g., privately-held company) will suffice for the pre-qualification application. If we have additional questions as part of the credit review we will follow up with the bidder.
(Posted 4/12/10)
#R4: Do bidders filling out pre-qualification applications for only the RECs RFP need to provide audited financial statements as requested on page 4 of the application? This requirement is not discussed in the RFP itself.
Bidders participating in only the RECs RFP do not need to provide financial statements. The same pre-qualification application is being used for all three RFPs involved in the procurement process, and the financial statements were needed for the collateral threshold calculation under the Capacity and Energy RFPs. For the RECs RFP, collateral threshold calculation is based only on credit ratings, as described in the RFP.
(Posted 4/12/10)
#R3: How will bidder credit thresholds be determined for the RECs RFP? If a bidder has already received a credit threshold as part of the Capacity and/or Energy RFPs, does that affect the RECs threshold?
Collateral thresholds for the RECs RFP will be determined based on bidder credit ratings as provided in the Pre-Qualification Application relative to the categories in Table A on page 10 of the RFP. Collateral thresholds for RECs contracts are independent of the thresholds calculated for the Capacity and Energy RFPs.
(Posted 4/12/10)
#R2: If a bidder has already completed a pre-qualification package (consisting of a Pre-Qualification Application and Bid Participation Fee) for one of the other Ameren RFPs (Capacity and/or Energy), is any additional information or documentation required to be pre-qualified for the RECs RFP?
No. Each bidder only needs to submit a single pre-qualification package for participation in all three RFPs. Credit thresholds for the RECs RFP will be calculated separately from the threshold for the Capacity and Energy RFPs, but the same credit rating information will be used. Bidders will be notified of their RECs pre-qualification status on or before April 27th.
(Posted 4/12/10)
#R1:
The RECs RFP references two different periods: June 2010 to May 2011 and January 2010 to May 2011, please explain how these are connected.
This RFP is designed to procure RECs for the June 2010 to May 2011 procurement period. RECs generated from January 2010 to May 2011 can be used to meet the procurement target quantity for that period.
(Posted 4/12/10)
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