FAQ  >  General


GEN 00001

Question: If a CRES provider is licensed and operating in OH, but not with FirstEnergy, can they be eligible to supply under the RFP?

Answer: No, a CRES provider would need to register with the FirstEnergy Ohio Utilities to be able to participate in the RFP. Please see the below language from the PUCO order in Case No. 16-247-EL-UNC.

"Further, we find that the RFP auctions should procure supply for PIPP load for a period of 12 months, and that every registered CRES provider in the electric utility's service territory shall be provided the opportunity to participate, pursuant to R.C. 4929.54 and subject to any credit requirements the utility may have that would be necessary to ensure supplier performance."

GEN 00002

Question: Can you please post the W-9 and articles of incorporation for all 3 utilities?

Answer: The W-9 will be provided to winning bidders upon request. The articles of incorporation for each of the Ohio Utilities are posted on the Documents page.

GEN 00003

Question: What does market based transmission mean? Please provide a list of all market-based transmission costs. Which specific sections or costs are included?

Answer: In this context, market-based transmission generally means transmission and ancillary charges whose rates/costs are set in total or in part by the PJM energy market. Congestion and incremental losses would be two examples. Section 2.3 of the Master PIPP Supply Agreement lists all current transmission costs that will not be the responsibility of PIPP Suppliers. All other transmission costs that are incurred by suppliers as the Load Serving Entity (LSE) will be the responsibility of the Supplier.

GEN 00005

Question: How are ARR revenue allocations handled?

Answer: PJM Auction Revenue Rights (ARR) allocations are performed by PJM per Section 17: Auction Revenue Rights Settlements contained in PJM's Manual 28: Operating Agreement Accounting found at http://www.pjm.com/~/media/documents/manuals/m28.ashx. If the RFP has not taken place, or suppliers have not been identified prior to the start of the ARR nomination process, the FirstEnergy Ohio Utilities will make the ARR nominations for the open PIPP load and the resulting allocations will be posted on the Load and Other Data Documents page of the Information Website. Once the suppliers for the PIPP load have been identified, PJM will allocate the PIPP supplier its proportional share of ARRs for the load being served in accordance with the PJM manual.

GEN 00007

Question: Does the Legal Representative listed on the Account Request Form need to be our Legal Representative in Ohio? If so, can we also list an internal Legal Representative that does not have an address in Ohio?

Answer: Indicating the Legal Representative in the Account Request Form is optional. However, you must identify the Legal Representative in the Application. The Legal Representative is legal counsel that is authorized and agrees to accept service of process on the applicant’s behalf and the Legal Representative must have an address in Ohio.

GEN 00008

Question: If I fill out an application and upload all the financial data (10K, 10Q, etc.) and also the PJM documentation, do I also have to send hardcopies of the financial data and other supporting documentation?

Answer: The Application can be submitted electronically; no hardcopies are required.

GEN 00009

Question: Are applicants allowed to submit proposed changes to the Master PIPP Supply Agreement with the Application?

Answer: No changes to the Master PIPP Supply Agreement will be accepted.

GEN 00010

Question: Can you please provide an electronic Word doc version of the post-bid LOC format for us to make changes to?

Answer: A Word version of the Form of PIPP Supplier Letter of Credit is available on the Supplier Documents Web page on the Information Website.

GEN 00011

Question: Can you please confirm when the RFP results will be made available to the public?

Answer: This is determined by the Public Utilities Commission of Ohio’s post-RFP review process. In the Bidding Rules document, please see the sections on "Notification of Results" and "Certifications and Disclosures to Be Made."

GEN 00012

Question: Can you please clarify the options open to bidders in regards to complying with the certification to be registered and authorized to do business in the State of Ohio. Do bidders either need to be organized in the State of Ohio or have an agent there?

Answer: As part of the Application process, applicants are required to identify the applicant’s Legal Representative in Ohio, who must be a legal counsel, have an address in Ohio, and be authorized and agree to accept service of process on the applicant’s behalf.

GEN 00013

Question: Under the Master PIPP Supply Agreement, winning bidders organized outside of Ohio must be registered and authorized to do business and in good standing in Ohio. By registering to do business in Ohio, will we be exposed to Ohio's gross receipts tax across all of our business units? Are there any options or strategies to minimize exposure to the Ohio gross receipts tax?

Answer: FEOU is an Ohio company and this transaction is taking place in Ohio and is therefore subject to Ohio laws and taxes. FEOU cannot provide tax advice to any bidders -- bidders will need to do their own due diligence related to tax obligations.

GEN 00014

Question: Can a successful Applicant add a parental guarantee during the Application process? More generally, can a successful Applicant alter its creditworthiness by either adding a guarantor, changing its guarantor, dropping a member of its bidding consortium, or changing out a member of its bidding consortium with a more credit-worthy entity?

Answer: Prior to the Application Due Date, a successful Applicant may alter its creditworthiness as follows:
(1) Add a guarantor, in the case where a guarantor was not named in the original Application.
(2) Change its guarantor from the one named in the original Application to a new one.
(3) Modify the composition of its bidding consortium so as to drop the member with the lowest creditworthiness, thereby raising the creditworthiness to the next highest credit status (to the extent there is no guarantor).
A successful Applicant may not add a new member to its bidding consortium from what was disclosed in the finalized and approved Application.
In all cases where the creditworthiness of the successful Applicant is changed, a new set of information in the relevant Application forms must be submitted to the RFP Manager prior to the Application deadline. To the extent the financial status of a successful Applicant changes, either through Application modifications or external factors, the successful Applicant must inform the RFP Manager.
A Registered Bidder also is required to report any change in financial status before the RFP.

GEN 00015

Question: Have there been any PJM studies to estimate specific ancillary charges for the FirstEnergy Ohio Utilities, like the RTO Start-up Recovery Charge, Synchronized Reserve, Expansion Cost Recovery, and Blackstart Charges? In addition, are there any SECA filings that could result in future SECA charges for the FirstEnergy Ohio Utilities?

Answer: FEOU does not know of any studies done by PJM on ancillary charges for the ATSI footprint. Most ancillary charges are market-based and are determined by the PJM market for ancillary services. Suppliers should contact PJM with specific questions regarding ancillary services. FEOU does not know of any potential SECA filings that would affect suppliers participating in this RFP.

GEN 00016

Question: When is the pre-bid collateral due and when will it be returned? Can cash be posted instead of a letter of credit?

Answer: Pre-Bid Security has the same due date as the Part 2 Application. Unless noted otherwise for a particular auction, it will remain in full force, at a minimum, until the fifth calendar day for winning bidders. Prebid security for non-winning bidders may be returned sooner. Subsequently, a bidder’s Pre-Bid Security will be cancelled and returned. Yes, cash can be posted (via wire transfer) instead of a letter of credit.

GEN 00017

Question: Can a bidder submit multiple Applications for different companies within the corporation as long as they disclose this? If so, does each company being submitted need different Authorized Representatives and Authorized Delegates?

Answer: Different companies within the same corporation can submit their own Applications as long as they disclose they are doing this. The same Authorized Representative and the same Authorized Delegate cannot be used across the different companies in their Applications.

GEN 00018

Question: Is there a cure deficiency period for the Application? Will you notify participants if we need to make any updates to the application?

Answer: As is outlined in the instructions for the Application, the RFP Manager will notify applicants of any deficiency in their Application and the applicant will be allowed time to remedy any such deficiencies.
The RFP Manager will send a deficiency notice to the applicant’s Authorized Representative by email. You will have until 12:00 p.m. noon prevailing Eastern Time on the Application Due Date, or until 5:00 p.m. prevailing Eastern Time on the Business Day following the Business Day during which a deficiency notice is sent, whichever comes later, to respond. If you do not correct or adequately explain the deficiency within the time allowed, your Application may be rejected and you may be unable to participate in the RFP process.

GEN 00019

Question: Our financial statements are not public information. Can you please identify the documents that state that the FirstEnergy Ohio Utilities and the RFP Manager (CRA International) will keep these confidential?

Answer: As stated in the Application and reproduced below, materials submitted in association with the Application will be shared on a confidential basis with the FirstEnergy Ohio Utilities, CRA International, and the Public Utilities Commission of Ohio.

GEN 00020

Question: Is the product in the RFP for all 3 utilities combined together or is there a separate product for each of the utilities?

Answer: The product in the RFP is for the three utilities combined. There is no product specific to each utility.

GEN 00021

Question: Does the load that PIPP Suppliers serve include Unaccounted For Energy (UFE)?

Answer: Yes. Please see Attachment M-1 of the PJM Open Access Transmission Tariff.

FAQs Disclaimer

The information presented and distributed in the Frequently Asked Questions (FAQs) may be subject to modifications and/or amendments and is provided for informational purposes only. The information provided in the CBP, or on the CBP Information Website, has been prepared to assist bidders in evaluating the CBP. It does not purport to contain all the information that may be relevant to a bidder in satisfying its due diligence efforts. Neither FirstEnergy Corp., the FirstEnergy Ohio Utilities nor the CBP Manager make any representation or warranty, expressed or implied, as to the accuracy or completeness of the information, and shall not, either individually or as a corporation, be liable for any representation expressed or implied in the CBP or any omissions from the CBP, or any information provided to a bidder by any other source. A bidder should check the CBP Information Website frequently to ensure it has the latest documentation and information. Neither the FirstEnergy Ohio Utilities, nor the CBP Manager, nor any of their representatives, shall be liable to a bidder or any of its representatives for any consequences relating to or arising from the bidder’s use of outdated information. The information is not intended to form any part of the basis of any investment decision, valuation or any bid that may be submitted during the CBP process. Each recipient should not rely solely on this information and should make its own independent assessment of the potential value to supply the FirstEnergy Ohio Utilities' load after making all investigations it deems necessary.

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