REQUEST FOR PROPOSALS FOR TRANSMISSION MUST RUN AND LOAD REDUCTION SERVICES IN GRANDE PRAIRIE AREA, ALBERTA ISSUED DECEMBER 16, 2005 1.0 GENERAL INFORMATION 1.1 RFP (1) The Independent System Operator, operating as the Alberta Electric System Operator, (the "AESO") is issuing this Request for Proposals ("RFP") to retain one or more service providers (individually, and collectively, the "Service Provider") to provide all or a portion of the services (the "Services") described in Schedule A (the "RFP Data Sheet"). (2) The AESO has a requirement to procure the Services (being types of Ancillary Service) from a generating facility or load (in either case, a "Facility") within that area in the Province of Alberta specified in the RFP Data Sheet (the "Services Area") in order to maintain security of the Alberta interconnected electric system (the "System"). (3) Any legal person may submit a proposal for the provision of Services (the "Proposal") in response to this RFP. Any such person who submits a Proposal is referred to as a "Bidder" and the Bidder and/or Bidders, if any, selected to be awarded an Agreement are referred to as "Successful Bidder(s)". The agreement, if any, that is awarded to a Successful Bidder shall be substantially in the form set out at Part I or Part II of Schedule E (as applicable, the "Agreement"). (4) The AESO's process to select a Service Provider (the "RFP Process") will commence with the issuance of this RFP and will terminate on the earlier of (a) the execution of the Agreement by the Successful Bidder(s) and the AESO, or (b) the election by the AESO to not proceed with the RFP or otherwise cancel this RFP. (5) The AESO shall distribute the RFP and any amendments or supplements which it determines to make by posting same on its website at www.aeso.ca. 2500, 330 - 5th Ave SW Calgary, Alberta T2P 0L4 t (403) 539-2450 | f (403) 539-2949 | www.aeso.ca -22.0 PROPOSAL SUBMISSION AND IRREVOCABILITY 2.1 2.2 SUBMISSION OF PROPOSALS (1) Each Bidder shall deliver one original and one copy of its Proposal before 5:00 p.m. (Calgary time) on January 4, 2006 (the "Submission Deadline") to the AESO at the address set out in the RFP Data Sheet. Proposals received after the Submission Deadline will be returned unopened to the sender, courier collect. A Bidder may submit multiple Proposals. (2) Bidders shall deliver their Proposal in a sealed envelope or package with the Bidder's full legal name and return address and the label "Confidential Ancillary Services Bid" clearly displayed on the outside thereof. PROPOSAL IRREVOCABILITY Subject to the Bidder's right to withdraw the Proposal by written notice to the RFP Project Manager before the Submission Deadline, the Bidder's Proposal shall be irrevocable and shall remain in effect and open for acceptance until completion of the RFP Process. The RFP Project Manager is identified in the RFP Data Sheet. 3.0 PROPOSAL CONTENT 3.1 GENERAL FORMAT Each Bidder shall examine all instructions, terms and conditions, forms and information in the RFP and, in a clear, concise and legible manner, complete and submit all documentation and information required by RFP Section 3.2. 3.2 CONTENTS OF THE PROPOSAL Each Bidder shall submit a Proposal that consists of the following documents (the "Proposal Documents"): (a) a Technical Submission Section that consists of the Proposal Submission Form and the Technical Submission, (b) a Price Submission Section, and (c) an Agreement Submission Section. 3.3 PROPOSAL SUBMISSION FORM For each Proposal, a Bidder shall complete and execute the Proposal Submission Form attached as Schedule B. 3.4 TECHNICAL SUBMISSION The Technical Submission shall consist of the submission by the Bidder of the legal, operational and technical information required pursuant to the RFP Data Sheet. 3.5 PRICE SUBMISSION SECTION The Price Submission Section shall consist of a completed Price Form. The Price Form is attached as Schedule C. 3.6 AGREEMENT SUBMISSION SECTION The Agreement Submission Section shall consist of (a) a statement that the Bidder, if selected as the Successful Bidder, is prepared to execute the form of Agreement without -3amendment, or (b) the comments of the Bidder in respect of the form of Agreement which, if it were selected as the Successful Bidder, must be addressed prior to execution. 4.0 EVALUATION OF PROPOSALS The AESO will evaluate all Proposals on the basis of the following criteria: 5.0 (1) compliance with the requirements and terms of this RFP and applicable law; (2) the amounts to be paid by the AESO for the Services (3) operating history of the facility; (4) the ability of a Proposal to satisfy the technical requirements set forth in Operating Policy 501 located on the AESO's website at www.aeso.ca and the technical requirements specified in Schedule D (collectively, the "Technical Requirements"); (5) the operational characteristics of the Facility, including operational characteristics required to be provided by the Bidder pursuant to this RFP; (6) the effectiveness of the Facility or site of the Facility for addressing voltage support, where effectiveness for a Generating Unit is determined as the ratio of unit output, in megawatts, to the mitigation effect1; (7) the ability of the Bidder to provide the Services for the term required; (8) the adequacy of the Services proposed to be provided for the requirements of the System, including any limitations or restrictions on the ability of the Bidder to provide such Services in accordance with the Agreement and the Technical Requirements; (9) the comments or lack of comments of a Bidder on the form of Agreement; (10) the financial standing or resources available to the Bidder; (11) the number of Bidders and volume of Services offered into this RFP; and (12) such other criteria as the AESO in its sole discretion, acting reasonably, considers appropriate. AESO DISCRETION The AESO may, in its sole discretion and at any time during the RFP Process, without liability, cost or penalty: 1 (1) determine the relative weighting of the evaluation criteria set out in RFP Section 4.0 and the ranking of Proposals and reject or accept any or all of the Proposals; (2) elect to enter into negotiation with none, some or all of the Bidders in respect of the Agreement with a view to finalizing a form of Agreement with any such Bidder; For example, a Generating Unit (as defined in the Electric Utilities Act) located at the worst bus within the Services Area would have an effectiveness of 1.0, and the further the Generating Unit is from the critical bus, the lower the effectiveness factor becomes. -4(3) alter the Submission Deadline or any other aspect of this RFP; and (4) cancel this RFP and subsequently advertise or call for new Proposals for the subject matter of this RFP. Without limiting the generality of the foregoing, in submitting a Proposal, each Bidder acknowledges that the AESO is not necessarily issuing this RFP to obtain Services at the best possible price, but rather to obtain Services (in a competitive context) that meets the needs of the System, as determined by the AESO, in its sole and absolute discretion, and, as such, the AESO may elect to accept any Proposal which may not have the lowest price. The AESO shall not be liable for any expense, cost, loss or damage occurred or suffered by any Bidder, or any person connected with any Bidder, as a result of any action referred to in this Section. 6.0 AGREEMENT FINALIZATION 6.1 AGREEMENT FINALIZATION (1) Subject to RFP Section 5.0, the AESO will, promptly following completion of its evaluation of a Proposals, notify the Successful Bidder(s), in writing, that it has been selected as a Successful Bidder(s). (2) At or following the time the Successful Bidder(s) are notified pursuant to RFP Section 6.1(1), the AESO and the Successful Bidder(s) will finalize and execute a copy of the Agreement. (3) If a Successful Bidder and the AESO are unable to finalize and execute the Agreement within a reasonable period of time following the notification referenced in RFP Section 6.1(1), the AESO may, in its sole discretion, take any one or all of the following actions: (a) terminate all discussions to enter into the Agreement with that Successful Bidder and cancel its identification of such Bidder as a Successful Bidder, whereupon such Bidder acknowledges and agrees that it shall not be entitled to any costs, expenses or damages of any nature from the AESO incurred or suffered by such Bidder as a result of such termination and cancellation; (b) select another Bidder to enter into the Agreement; and (c) pursue any remedy available to the AESO under applicable law. -5SCHEDULE A RFP DATA SHEET RFP SECTION REFERENCE AND DESCRIPTION RFP Section 1.1(1) Description of Services ITEM The AESO is seeking: a) transmission must run ("TMR") service, which involves the operation of one or more Generating Units within their range of continuous operating capability for the purposes of maintaining System security, at the following level of capacity (in megawatts), from at least one Generating Unit for an amount (in megawatts) up to that specified below and for the following period of time; and/or b) load reduction service ("LRS"), which involves the reduction of load from at least one Facility for the purposes of maintaining System security, for an amount (in megawatts) up to that level of capacity and for the following period of time: TMR and LRS Service Parameters Time Period From as soon as practical until March 31, 2006 or, if the AESO exercises its option to extend the term of the Agreement, September 30, 2006 ________________________________________________________________ Required TMR (in megawatts) 10 approximately ________________________________________________________________ Required LRS 50 approximately (in megawatts) ________________________________________________________________ A Service Provider shall provide the Services (or the portion thereof for which it is a Successful Bidder) in accordance with the terms of the Agreement. RFP Section 1.1(2)– Services Area The Services Area is the area set forth within the following diagram: Service Area Map -6RFP Section 2.1(1) Address of Submission Bidders shall submit their Proposals to the AESO at the following address: Independent System Operator, operating as the AESO 2500 Calgary Place 330-5th Avenue S.W. Calgary, AB T2P 0L4 Attention: RFP Section 2.2 - RFP Project Manager Mr. Paul Barry The RFP Project Manager is Mr. Paul Barry. The co-ordinates of the RFP Project Manager are: Independent System Operator, operating as the AESO 2500 Calgary Place 330 - 5th Avenue S.W. Calgary, AB T2P 0L4 Attention: Mr. Paul Barry Fax: 403.539.2949 E-mail: paul.barry@aeso.ca RFP Section 3.4Legal, Operational and Technical Information The Bidder must submit the following legal, operational and technical information: (a) Bidder: Detailed disclosure of the legal name and direct and indirect ownership of the Bidder. (b) Operational/Technical Information: In respect of each Generating Unit in a Facility from which TMR is to be provided, provide as much of the following information and operational characteristics as possible: (i) name and location of the unit/facility and the substation connecting same to the System and the volume of TMR proposed to be provided from the unit(s); (ii) hourly data on the operating history of the Facility for the last 2 years; (iii) maximum continuous rating ("MCR") of each unit; (iv) unit output (in megawatts) as a function to ambient temperature changes; (v) a table listing MCR as a function of ambient temperature or, where necessary, other factors affecting generating capability of the unit; (vi) minimum continuous operating output of the unit (in megawatts); (vii) maximum continuous operating capability of the unit (in megawatts); -7- (f) (viii) unit start up time, measured from dispatch time to synchronization, and number of cold, warm and hot starts of the unit; (ix) minimum time from synchronization to full load following a cold start; (x) normal and emergency ramp rates of the unit; (xi) D capacity curves (in megawatts and megaVArs) of such unit'; and (xii) the expected reliability and expected availability of the Facility. Load Reduction Service: In respect of each Facility from which LRS is to be provided, provide the following information and operational characteristics: (i) name and location of the Facility and the substation connecting same to the System and the volume of LRS proposed to be provided from the unit(s); (ii) hourly data on the operating history of the Facility for the last 2 years; (iii) maximum and minimum required load reduction rate (megawatts/minute); (iv) maximum and minimum duration of down time once the load is reduced; and (v) maximum and minimum amount of load reduction that can occur. -8SCHEDULE B PROPOSAL SUBMISSION FORM TO: Independent System Operator, operating as AESO 2500, 330 - 5th Avenue S.W. Calgary, AB T2P 0L4 Attention: Mr. Paul Barry RE: Request for Proposals for transmission must run and load reduction services in the Grande Prairie Area, Alberta issued by the Alberta Electric System Operator on December 16, 2005 (the "RFP") Bidder Information 1. 2. (a) Bidder's registered legal business name and any other name under which it carries on business: (b) Bidder's address, telephone and facsimile numbers: (c) Name, address, telephone, e-mail and facsimile numbers of the contact person(s) for the Bidder: Offer With respect to the above noted RFP, we confirm as follows: (a) by the submission of our Proposal we submit a binding offer to provide the Services in accordance with the terms and conditions of the Agreement; for the compensation set out in the Price Submission Section of our Proposal and in accordance with the RFP; (b) our Proposal is based on the terms and conditions of the RFP; and (c) we agree to hold our Proposal open for acceptance until the expiration of the RFP Process. We affirm and declare that we have sufficiently informed ourselves in all matters affecting the cost of the Services, that we have checked our Proposal for errors and omissions and that the prices stated in this Proposal are each correct and as intended. It is further understood that we, the Service Provider, will be compensated for Services provided as called for in the Agreement. -9Capitalized terms used, but not defined herein, shall have the meanings ascribed to them in the RFP. Dated this _____ day of ____________________, 200 . Per: Name: Title: - 10 SCHEDULE C PRICE FORM With respect to the provision of TMR services, the Bidder shall complete one (but not both) of Parts A and C of this Price Form for each Proposal. With respect to the provision of LRS services, the Bidder shall complete one (but not both of) Parts B and C of this Price Form for each Proposal. Capitalized terms used in this Schedule but not defined below or in the RFP, shall have the meanings provided to them in the Agreement. PART A 1. Calculation of TMR Purchase Price During those periods when a generating unit in the Facility is dispatched to provide the Services, the purchase price for such Services (the "TMR Purchase Price") will be calculated on an hourly basis, and is in units of $/MWh per hour, and will be the greater of: (a) (TMR Price – Pool Price) * Must-run MWh; or (b) $0.00 Where: "TMR Price" is in units of $/MWh and will be calculated using the following formula: (Heat Rate * Fuel Price) + Transmission Tariff + (O&M) "Fuel Price" is the "Daily Spot Price at AECO C and NIT", excluding weekends, as published in Canadian Gas Price Reporter, for the applicable day, expressed in units of $/GJ. [Note: Bidder to provide details of fuel sources other than gas.] "GJ" means gigajoule. "Heat Rate" is in units of GJ per MWh, and will be calculated using the following formula: [Note: Bidder to provide details.] "Must–run MWh" is in units of MWh per hour and is the lesser of: (c) the hourly energy output requested by the System Controller from such unit for the Services; or (d) the hourly energy output produced by such unit, as measured at the [Note: Bidder to provide details] substation, during an hour when such unit is requested by the System Controller for the Services. "MW" or "Megawatt" means one million watts, a watt being the power which generates energy at a rate of one joule per second. "MWh" means Megawatt per hour. - 11 "O&M" represents the "all in" cost at $[Note: Bidder to provide details] per MWh of providing incremental output from the unit excluding fuel cost and transmission costs. "Pool Price" is the hourly pool price ($/MWh) as posted on the AESO's website. "System Controller" has the meaning provided in the Electric Utilities Act (Alberta). "Transmission Tariff" is the actual cost ($/MWh) of charges from Rate Schedule STS of the AESO's applicable tariff, including for the applicable loss factor charge or credit. Notes: The symbol "*" means multiplied by. For example, Heat Rate* Gas Price means the Heat Rate multiplied by the Fuel Price. 2. TMR Availability Payment A TMR Availability Payment of $[Note: Bidder to provide details] for each hour that the Facility is Available. PART B 1. Calculation of LRS Purchase Price During those periods when a load at the Facility is dispatched to provide the Services, the purchase price for such services (the "LRS Purchase Price") will be calculated on an hourly basis, and is in units of $/MWh per hour, and will be: (LRS Price) * Load Reduction MWh Where: "LRS Price" is in units of $/MWh and is equal to [Note: Bidder to provide details]. "Load Reduction MWh" is in units of MWh per hour and is the lesser of: (a) the load requested by the System Controller from such Facility for the Services; or (b) the hourly load reduced, as measured at the [Note: Bidder to provide details] substation, during an hour when such Facility is requested by the System Controller for the Services. "MW" or "Megawatt" means one million watts, a watt being the power which generates energy at a rate of one joule per second. "MWh" means Megawatt per hour. "System Controller" has the meaning provided in the Electric Utilities Act (Alberta). Notes: The symbol "*" means multiplied by. 2. LRS Availability Payment A LRS Availability Payment of $[Note: Bidder to provide details] for each hour that the Facility is Available. - 12 PART C The consideration which the Bidder proposes be paid to it for the provision of the Services is as follows: [Note: Bidder to provide details]. - 13 SCHEDULE D Technical Requirements - 14 - SCHEDULE E FORM OF AGREEMENT Part I – Agreement for TMR Part II – Agreement for LRS