FAQ Archives - Solicitation 1: August 2009

The FAQs on this page are no longer relevant, as they are from past solicitations. These FAQs are posted here only for reference purposes. Do not rely on the information provided on this page for the current solicitation.

All FAQs

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FAQ-73:
Are the kW targets a quota?

They are targets. The price must be competitive for the targets to be filled.

08/19/2009 in General
FAQ-72:
Are the kW targets determined by the BPU?

Yes. They are approved by the BPU.

08/19/2009 in General
FAQ-71:
Will ACE or JCP&L conduct RFPs for projects greater than 500 kW?

As the Solicitation Manager for the current ACE and JCP&L SREC-Based Financing Program, we cannot predict whether ACE or JCP&L will conduct further solicitations programs for projects of a size greater than 500 kW. It is worth noting, however, that obtaining regulatory approval for such a program would require a filing, possibly months of regulatory proceedings.

Questions concerning programs other than the ACE and JCP&L SREC-Based Financing Program are better directed to ACE and JCP&L.

08/19/2009 in General
FAQ-70:
In order to participate, do you have to have BPU approval?

An interested bidder needs to register with the New Jersey Office of Clean Energy and obtain a REIP or SREC registration number.

08/19/2009 in Requirements for Proposals
FAQ-69:
I intend to submit bids for multiple Projects. Do I need to submit an Expression of Interest Form (“EOI”) for each Project?

Yes, each Project will have a unique NJCEP Application Number, and you must submit an EOI for each one.

08/19/2009 in Requirements for Proposals
FAQ-68:
In the case that the Customer is the Owner of the Project and the Customer leases the premises where the Project is located, is it acceptable to provide photocopied documentation to show that the owner of the premises consents to the installation and operation of the Project?

No. In the case that the Customer is the Owner of the Project and the Customer leases the premises where the Project is located, it is required that the Proponent submit original documentation with its qualification materials showing that the owner of the premises consents to the installation and operation of the Project. Photocopies are not acceptable.

08/18/2009 in Requirements for Proposals
FAQ-67:
In the case that the Customer is the Owner of the Project, is it acceptable to provide a photocopy of the Customer Acknowledgement Section of Appendix 5 to the RFP Rules?

No. In the case that the Customer is the Owner of the Project, it is required that the Proponent submit the certification in Appendix 5 with an original signature from the Customer with its qualification materials. Photocopies are not acceptable. Please see Paragraph 4.1.13 of the RFP Rules.

08/18/2009 in Requirements for Proposals
FAQ-66:
In the case that the Developer is the Owner of the Project, is it acceptable to provide photocopies of Appendix C to the SREC PSA (Host’s Acknowledgement and Certification) with the qualification materials, in lieu of the three originals requested by the Certifications and Checklist for Qualifications document?

No. In the case that the Developer is the Owner of the Project, it is required that the Proponent submit three original (3) Host's Acknowledgment and Certification forms (Appendix C of the SREC PSA) with its qualification materials. Photocopies are not acceptable. Please see Paragraph 4.1.13 of the RFP Rules.

08/18/2009 in Requirements for Proposals
FAQ-65:
We have a signed PPA with a customer for a system that is currently sized above 500kW. The customer plans to downsize the system to 500kW in order to qualify for this program; however, he may not have the official documentation prepared in time for the RFP deadlines. He would like to submit the project as a 500kW project even though the supporting documentation will show a larger system size. He can then change the documentation at a later date. Will this work?

This is the first RFP that will be held for this program. The program is limited to 500 KW maximum size and we would be unable to accept a bid for a project that was stated in the application to be a larger in size. Further, Section 3.1.6 of the RFP rules states that “The size of the Project must be expressed in kilowatts (“kW”) and must correspond to the size of the Project provided in the Initial Application process under the REIP or the SREC Registration Program.” It appears that you would need to re-file in the REIP or SREC Registration Programs and obtain a registration number that is consistent with a 500 KW maximum size in order to bid in this solicitation. Please note that there will be a further solicitation and possibly an additional solicitation beyond that prior to June 1, 2010. The timeline of the approval process you describe may better correspond to this future solicitation.

08/18/2009 in Evaluation of Proposals
FAQ-64:
Is the last sentence of General Terms and Conditions, Paragraph J1, of the Purchase and Sale Agreement, meant to preclude the non-defaulting party from charging interest or penalties?

Neither the Agreement nor the attached General Terms and Conditions have any provisions for the Seller to charge interest or penalties.

08/18/2009 in Purchase and Sale Agreement
FAQ-63:
There are 10 Transferred SRECs in a Contract Month, but Seller delivers only 5 SRECs. Will the Seller be paid for 5 SRECs or zero SRECs for that Contract Month?

The payments will be made on a quarterly basis. The business arrangement does not contemplate a situation where a Transferred REC would not be delivered. Delivery of Transferred RECs is an obligation of the Seller and not an option and the failure to deliver Transferred RECs would be an event of default. Section J.2 provides that the Purchaser would have no obligation to make any payment for any Contract Month for which any Transferred RECs are not delivered.

08/18/2009 in Purchase and Sale Agreement
FAQ-62:
Do any of ACE's incentive programs apply to wind power?

This web site focuses exclusively on the ACE and JCP&L SREC-Based Financing Program, and the RFP documents will be posted to the Documents page of this web site. For information regarding the possibility of wind power incentive programs, we recommend that you visit the Green Power Connection page (http://www.atlanticcityelectric.com/energy/renewable/connection/default.aspx) of the ACE web site.

08/18/2009 in General
FAQ-61:
Will data regarding bids be released after the first solicitation is completed?

Yes, certain data will be released. According to Section 5.2.5 (page 25) of the RFP Document, "Once the Board renders a decision on the results, the Solicitation Manager will prepare for each segment the following information for public release on the Board’s and/or the Solicitation Web site: - total number and total MW of Projects that submitted Proposals; - total number and total MW of Projects that received awards; - total number and total MW of Projects that were rejected; and - the low and average price of accepted Projects."

08/18/2009 in General
FAQ-60:
What programs do ACE or JCP&L offer for the acquisition of SRECs from projects larger than 500 kW?

Unfortunately, the Solicitation Manager cannot answer questions regarding programs other than the ACE and JCP&L SREC-Based Financing Program. We encourage you to contact ACE and JCP&L regarding other plans and provisions that might address projects larger than 500 kW. Regarding this ACE and JCP&L SREC-Based Financing Program, projects less than or equal to 500 kW are eligible to submit a Proposal. The size of a Project is based on the nameplate DC rating of the solar system.

08/18/2009 in General
FAQ-59:
I am interested in installing a solar system at my home. What rebates am I eligible for?

Unfortunately, the Solicitation Manager cannot answer questions regarding rebates in programs other than the ACE and JCP&L SREC-Based Financing Program, which does not in itself offer rebates.

08/18/2009 in General
FAQ-58:
Will interest be paid on the refundable cash deposit?

No. The deposit will be returned on the Commencement Day without interest in accordance with the Purchase and Sale Agreement ("PSA"). Please see Appendix A section A.11. on page A-2 of the PSA for more information.

08/17/2009 in Purchase and Sale Agreement
FAQ-57:
Why is there such a long gap between the announcement of the results on October 2 and execution of the Purchase and Sale Agreement (“PSA”) in November?

Once there has been an award, it is technically subject to appeal by parties in the proceeding. The gap is to ensure that the contract pursuant to the award is only signed once the order form the BPU is no longer subject to appeal. Thus it is a final order.

08/17/2009 in Purchase and Sale Agreement , General
FAQ-56:
Are any contract terms negotiable?

No. The contract is approved by the NJ BPU and is not negotiable. All bidders would be signing the same contract. This Purchase and Sale Agreement is posted to the Documents page.

08/17/2009 in Purchase and Sale Agreement
FAQ-55:
When are winning bidders notified?

They are advised after the decision by the New Jersey Board of Public Utilities is finalized. Please refer to the Section 5.2 - Post-Bid Process of the RFP Document for more information.

08/17/2009 in Evaluation of Proposals , General
FAQ-54:
Is the discount rate used only to find the Net Present Value (“NPV”)?

Yes. The discount rate is only used in the formula to calculate the factor that goes into the NPV. The price of the SREC submitted in the pricing proposal is what goes to the bidder.

08/17/2009 in Evaluation of Proposals

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