INDEPENDENT ELECTRICITY SYSTEM
OPERATOR
REQUEST FOR PROPOSALS
FOR ENERGY STORAGE FACILITIES
(Energy Storage RFP)
Request for Proposals No.: Energy Storage RFP-2015
RFP Issued: June 4, 2015
Addendum #1 Issued: June 17, 2015
© Independent Electricity System Operator, 2015
LEGAL_1:34053432.9
TABLE OF CONTENTS
Page
1.
2.
3.
4.
Introduction ............................................................................................................................. 1
1.1
Purpose and Background of Energy Storage RFP ........................................................... 1
1.2
Eligibility to Participate in this Energy Storage RFP ....................................................... 1
1.3
Energy Storage Facility Agreements................................................................................ 1
1.4
Independent Electricity System Operator ........................................................................ 2
Energy Storage RFP Process Overview .................................................................................. 2
2.1
Eligibility.......................................................................................................................... 2
2.2
Schedule ........................................................................................................................... 2
2.3
Question and Comment Periods and Addenda ................................................................. 3
2.4
Changes to Name and Legal Form of Qualified Applicant .............................................. 4
2.5
Information Sessions ........................................................................................................ 5
2.6
Communications............................................................................................................... 8
2.7
Proposal Preparation and Submission Process ............................................................... 10
2.8
Notification of Selected Proponents and Other Proponents ........................................... 14
2.9
Debriefing....................................................................................................................... 15
2.10
Confidentiality ............................................................................................................ 16
2.11
Disclosure of Proponents ............................................................................................ 17
Evaluation .............................................................................................................................. 17
3.1
Stage 1 – Mandatory Requirements ............................................................................... 17
3.2
Stage 2 – Economic Bid Statement ................................................................................ 20
Terms and Conditions ............................................................................................................ 23
4.1
General Terms and Conditions....................................................................................... 23
4.2
Definitions ...................................................................................................................... 23
4.3
Energy Storage RFP Documents .................................................................................... 23
4.4
Compliance..................................................................................................................... 24
4.5
Return of Proposal Security ........................................................................................... 24
4.6
Participation Costs.......................................................................................................... 24
4.7
Material Breach of “Contract A” ................................................................................... 25
4.8
Verification..................................................................................................................... 25
4.9
Other Procurement Processes ......................................................................................... 25
4.10
Energy Storage Facility Agreement ........................................................................... 25
4.11
Governing Law ........................................................................................................... 26
4.12
Reserved Rights .......................................................................................................... 26
4.13
No Exclusivity of Contract ......................................................................................... 27
LEGAL_1:34053432.9
-i-
TABLE OF CONTENTS
Page
APPENDICES
APPENDIX A
GLOSSARY OF TERMS
APPENDIX B
FORM OF ENERGY STORAGE FACILITY AGREEMENT
APPENDIX C
PROCUREMENT SUBMISSION FORM
APPENDIX D
ECONOMIC BID STATEMENT
APPENDIX E
TECHNICAL QUESTIONNAIRE
APPENDIX F
PROPOSAL SUBMISSION LABEL
APPENDIX G
DECLARATION OF ACCESS RIGHTS
LEGAL_1:34053432.9
-ii-
1.
INTRODUCTION
1.1
Purpose and Background of Energy Storage RFP
This energy storage request for proposals (“Energy Storage RFP”) is being implemented
in accordance with Ontario’s 2013 Long Term Energy Plan (“LTEP”), which identified
Ontario’s continued commitment to invest in new renewable technologies as well as the
intention to explore new flexible options such as energy storage facilities. The LTEP
identified that by the end of 2014, a procurement process for 50 MW of storage
technologies would be undertaken in the Province.
In December 2013, the Minister of Energy directed the Ontario Power Authority (as
predecessor to the Sponsor) to work with the Independent Electricity System Operator
(also as predecessor to the Sponsor) in the development of a proposed design framework
for the procurement of energy storage facilities. In March 2014, the IESO initiated
procuring energy storage technologies under this framework by procuring roughly 35
MW of energy storage projects. In July 2014, the IESO selected twelve storage projects
under that procurement representing 33.54 MW.
On March 31, 2014, the Minister of Energy issued a subsequent direction to the OPA (the
“Ministerial Direction”) to proceed with the procurement of the remainder of the 50 MW
target identified in the LTEP, amounting to approximately 16.4 MW of Energy Storage
Facilities. On October 21, 2014, the OPA issued a Request for Qualifications for Energy
Storage Facilities (the “Energy Storage RFQ”). The Energy Storage RFQ sought
Qualification Submissions with respect to a potential Energy Storage RFP so as to
procure up to approximately 16.4 MW of energy storage capacity. The result of the
Energy Storage RFQ was 15 Qualified Applicants for six different Energy Storage
Technology Classes, in the aggregate qualifying for approximately 133 MW of Energy
Storage Facilities.
On January 1, 2015, the OPA merged with the IESO and was continued as a new
organization also called the Independent Electricity System Operator (the “Sponsor”),
that inherited the OPA’s mandate to continue the Energy Storage Facility procurement.
Any references in this Energy Storage RFP to the “System Operator” mean the Sponsor
acting pursuant to its authority to make, administer and enforce the IESO Market Rules.
The purpose of this Energy Storage RFP is to competitively procure up to approximately
16.4 MW of Energy Storage Facilities from the Qualified Applicants.
1.2
Eligibility to Participate in this Energy Storage RFP
Only a Qualified Applicant, as determined by the Sponsor pursuant to the Energy Storage
RFQ, and announced on the Sponsor Website, is eligible to participate in this Energy
Storage RFP, and only in respect of the Energy Storage Technology Classes and up to the
applicable Class Qualification Contract Capacities for which such Qualified Applicant
was qualified by the Sponsor. No other person or entity is eligible to participate in this
Energy Storage RFP.
1.3
LEGAL_1:34053432.9
Energy Storage Facility Agreements
Through this Energy Storage RFP, the Sponsor is seeking to select a number of Proposals
in order to procure up to approximately 16.4 MW of Energy Storage Facilities to be
located in Ontario.
The Proponents whose Proposals are selected must enter into the Energy Storage Facility
Agreement in their own names or in the name of an Affiliate. The form of the Energy
Storage Facility Agreement, attached as Appendix B, will not be subject to negotiation,
and the only amendments thereto that will be permitted will be the completion of any
blanks, bullets or similar uncompleted information in the Energy Storage Facility
Agreement to properly reflect the Selected Proponent (or its Affiliate) and the applicable
Proposal(s).
There will be no negotiations between the Sponsor and any Qualified Applicant,
Proponent or Selected Proponent respecting substantive changes to the Energy Storage
Facility Agreement, but questions and comments with respect to the form of Energy
Storage Facility Agreement may be submitted to the Sponsor for consideration in
accordance with this Energy Storage RFP.
1.4
Independent Electricity System Operator
The Sponsor is a not-for-profit corporate entity established by the Electricity Act, 1998
(Ontario). It is governed by an independent Board of Directors whose Chair and Directors
are appointed by the Government of Ontario. Its fees and licences to operate are set by
the Ontario Energy Board and it operates independently of all other participants in the
electricity market.
Through amendments to the Electricity Act, the operations of the IESO and the OPA
were merged on January 1, 2015, bringing together real-time operations of the grid with
long-term planning, procurement and conservation efforts. The Sponsor is authorized to
call on the private sector when needed for new generating capacity and initiatives to be
secured through competitive procurement processes.
Additional information about the Sponsor can be obtained from the Sponsor’s website at
www.ieso.ca (the “Sponsor Website”)
2.
ENERGY STORAGE RFP PROCESS OVERVIEW
2.1
Eligibility
This Energy Storage RFP process is only open to parties who qualified as Qualified
Applicants under the Energy Storage RFQ. Any and all other parties who are not
Qualified Applicants as defined in the Energy Storage RFQ are not eligible to participate
in the Energy Storage RFP.
2.2
Schedule
Below is the schedule relating to this Energy Storage RFP process (the “Schedule”):
LEGAL_1:34053432.9
2
Release of draft Energy Storage RFP and draft Energy
Storage Facility Agreement
April 16, 2015
Question and Comment Period – Draft Documents (public)
April 16, 2015 – May 8, 2015
Technical Information Session (Qualified Applicants only)
April 28, 2015
May 15, 2015
Deadline for Sponsor to post responses to Question and
Comment Period
Release of final Energy Storage RFP and final Energy
Storage Facility Agreement
June 4, 2015
Question and Comment Period – Final Documents (public)
June 1, 2015 – June 15, 2015
(for the provision of questions and comments that will be in the
consideration of changes under an Addenda)
Question and Comment Period – Final Documents (public)
June 16, 2015 – June 29, 2015
(for which the IESO will endeavor to respond by July 8, 2015, depending
on the volume of questions and comments received during this period)
Individual Information Sessions (Qualified Applicants only)
June 9, 10 and 11, 2015
Release of Addendum #1
June 17, 2015
Deadline for Issuing Addenda to this Energy Storage RFP
and Energy Storage Facility Agreement
June 26, 2015
Procurement Submission Deadline
July 10, 2015 at 3:00:00 p.m.
Eastern Prevailing Time
(EPT)
Evaluation of Proposals
July/August 2015
Notification to all Proponents and Announcement of Selected
Proposals
August 2015
Debriefing sessions with Proponents
September 2015
The Sponsor reserves the right to accelerate or postpone any of the dates set out above and to add
to, eliminate, or re-order any of the steps set out above. The acceleration or postponement of
any date, or addition or elimination of any step will be made by notice to Qualified Applicants
prior to the Procurement Submission Deadline and to Proponents after the Procurement
Submission Deadline, as the case may be, and any relevant alteration to the Schedule will also be
published on the Sponsor Website.
2.3
Question and Comment Periods and Addenda
2.3.1
Question and Comment Period
This Energy Storage RFP, the Energy Storage Facility Agreement, and all Addenda
relating thereto will be public and accessible via the Sponsor Website. Interested parties
shall promptly examine all such documentation and:
LEGAL_1:34053432.9
3
(a)
report to the Sponsor any errors, omissions or ambiguities; and
(b)
send to the Sponsor any questions they may have regarding this Energy
Storage RFP or the Energy Storage Facility Agreement,
by going to the Sponsor Website, entering the Q&A link within the “Energy Storage
RFP” section of the Sponsor Website, and submitting a question or a comment using the
electronic form provided, by e-mail to storage@ieso.ca, on or before the end of the
Question and Comment Period specified in the Schedule. The Sponsor will not be
responsible for, nor be obliged to respond to, questions or comments submitted from
another location of the Sponsor Website or to any other e-mail address. Questions and
comments received in the manner prescribed above that request clarification of the
Energy Storage RFP and Energy Storage Facility Agreement will be posted on the
Sponsor Website with the Sponsor’s response, but the identity of any party asking any
question or making any comment will not be revealed. Priority will be given to questions
posed by Qualified Applicants.
It is the responsibility of an interested party to seek clarification by submitting questions
or comments in the manner provided above on any matter that it considers to be unclear.
The Sponsor shall not be responsible for any misunderstanding on the part of an
interested party concerning any aspect of this Energy Storage RFP.
2.3.2
Addenda
This Energy Storage RFP and the Energy Storage Facility Agreement may be amended
only by Addendum in accordance with this Section 2.3. If the Sponsor, for any reason,
determines that it is necessary or appropriate to amend or provide additional information
relating to this Energy Storage RFP or the Energy Storage Facility Agreement, such
information will be communicated by posting an Addendum on the Sponsor Website on
or prior to the Deadline for Issuing Addenda. Each Addendum will be deemed to form
an integral part of this Energy Storage RFP or the Energy Storage Facility Agreement, as
the case may be.
Each Addendum may contain important information, including significant changes to this
Energy Storage RFP or the Energy Storage Facility Agreement, and Qualified Applicants
and Proponents are responsible for visiting the Sponsor Website as often as is necessary
or appropriate to ensure that they obtain all Addenda and other notices issued by the
Sponsor from time to time. Proponents must confirm their receipt of all Addenda issued
by the Sponsor in the Procurement Submission Form attached as Appendix C.
2.3.3
Post-Deadline Addenda
The Sponsor may issue an Addendum or Addenda after the Deadline for Issuing
Addenda. If any Addendum is issued after the Deadline for Issuing Addenda, the
Sponsor may, in its Discretion, extend the Procurement Submission Deadline for a
reasonable amount of time having regard to the circumstances.
2.4
LEGAL_1:34053432.9
Changes to Name and Legal Form of Qualified Applicant
4
No change in the name or the legal form of the Qualified Applicant is permitted at any
time without the prior written consent of the Sponsor, which may be withheld in the
Sponsor’s Discretion. For purposes of the previous sentence, a change in the name
means giving a different legal name to the same legal entity, while a change in the legal
form means a change in the legal form of business organization of the Qualified
Applicant and includes, for example, replacing an unincorporated corporate joint venture
with a limited partnership.
A Qualified Applicant requesting the Sponsor’s consent to a change of name or a change
in legal form shall do so in writing no later than 14 days prior to the Procurement
Submission Deadline.
The following information must be provided by the Qualified Applicant in support of
such request:
•
with respect to a change in name - the proposed new legal name of the Qualified
Applicant and a description of the process with the appropriate governmental and
other entities to effect the change of name, and any other supporting information
as requested by the Sponsor; and
•
with respect to a change in legal form - a summary describing the change in the
legal form of the Qualified Applicant, the proposed new legal name, a description
of the process with the appropriate governmental and other entities to effect the
change in legal form, a list of the entities that either individually or collectively
Controlled the entity in the prior legal form, and confirmation that (i) each person
or entity who individually Controlled the entity in the prior legal form also
individually Controls the entity in the new legal form, or (ii) a group of persons or
entities who collectively Controlled the entity in the prior legal form also
collectively Controls the entity in the new legal form. In addition, the Qualified
Applicant shall provide any other supporting information as requested by the
Sponsor.
Any changes in the name or in the legal form of the Qualified Applicant that have not
received the prior written consent of the Sponsor as contemplated above may, in the
Sponsor’s Discretion, result in disqualification of the Proposal.
2.5
Information Sessions
2.5.1
Technical Information Sessions
Qualified Applicants will be invited to join a half-day collective group information
session with the Sponsor (the “Technical Information Session”). The Technical
Information Session will be held during business hours in the timeframe set out in the
Schedule and as scheduled by the Sponsor, provided that failure of a Qualified Applicant
to join all or any part of the Technical Information Session shall not give rise to any
obligation of the Sponsor to re-schedule the Technical Information Session.
LEGAL_1:34053432.9
5
The purpose of the Technical Information Session is to provide Qualified Applicants with
a high level briefing from the Sponsor project team on this Energy Storage RFP process
and the form of Energy Storage Facility Agreement.
The protocol and rules for the Technical Information Sessions are as follows:
•
The Fairness Advisor will monitor the Technical Information Session and report
on the conduct.
•
No Sponsor attendees will be on the Evaluation Team.
•
The Technical Information Session is solely for the purpose of briefing the
Qualified Applicants collectively. Qualified Applicants can provide input and
comments, as well as ask questions and seek clarifications.
•
Neither the Sponsor nor any Qualified Applicant is under any obligation to
provide answers.
•
The Sponsor will not render any opinion with respect to any proposed Energy
Storage Facility.
•
No discussion will be permitted with respect to matters dealing with the price
submission for a proposed Energy Storage Facility, in particular the Economic
Bid Statement, with the exception of clarifications of terms and conditions in the
Energy Storage Facility Agreement affecting financial considerations.
•
Any new information provided by the Sponsor at the collective session will be
made available to all Qualified Applicants. Such changes or new information
will be posted on the Sponsor Website in the form of generic, anonymous
questions or comments, as well as via Addenda where applicable.
•
The protocol and rules may be varied in the Discretion of the Sponsor.
2.5.2
Individual Information Sessions
In advance of the Procurement Submission Deadline set out in the Schedule, each
Qualified Applicant will be contacted to schedule an in-person or teleconference, private
individual information session, as set out in the Schedule. Each such session will have a
maximum duration of 30 minutes for each Energy Storage Technology Class for which a
Qualified Applicant has been qualified, but in any event the maximum duration shall be
no less than one hour (each, an “Individual Information Session”). All Individual
Information Sessions will be held at the Sponsor’s offices during business hours or such
other location in the Greater Toronto Area as may be designated by the Sponsor, in the
timeframe set out in the Schedule and will be scheduled by the Sponsor. Failure of a
Qualified Applicant to attend a scheduled Individual Information Session shall not give
rise to any obligation of the Sponsor to schedule another Individual Information Session
or to any right of a Qualified Applicant to attend an Individual Information Session other
than at the time originally scheduled by the Sponsor.
LEGAL_1:34053432.9
6
The purpose of the Individual Information Session is to provide the Qualified Applicant
with a further opportunity to discuss this Energy Storage RFP process, the form of
Energy Storage Facility Agreement, and, on a confidential basis, the technical elements
of its proposed Energy Storage Facility generally.
The information sessions are being offered only to Qualified Applicants and only as an
aid to their understanding of this Energy Storage RFP and the form of Energy Storage
Facility Agreement. Qualified Applicants can provide input and comments, as well as
ask questions and seek clarifications. The Sponsor may not be in a position to answer
questions immediately at each session. However, the Sponsor will endeavour to provide
answers by summarizing and posting all inquiries in a generic and anonymous manner on
the Sponsor Website.
Qualified Applicants are advised that the final Energy Storage RFP and final Energy
Storage Facility Agreement supersede all discussions of any kind whatsoever between the
Sponsor and the Qualified Applicant.
With respect to scheduling the Individual Information Sessions, Qualified Applicants
should indicate by e-mail to storage@ieso.ca three timing preferences during the period
for Individual Information Sessions set out in the Schedule. Such e-mail must be sent by
no later than 14 days prior to the start of the Individual Information Sessions period set
out in the Schedule, failing which, the Qualified Applicant may be consider by the
Sponsor to have waived its right to an Individual Information Session.
The protocol and rules for the Individual Information Sessions are as follows:
•
The Fairness Advisor will monitor all Individual Information Sessions and report
on the conduct of all sessions.
•
No Sponsor attendees will be on the Evaluation Team.
•
The Individual Information Sessions are solely for questions and clarification
purposes and are not an approval or pre-vetting activity, including but not limited
to the Proposal and the proposed Energy Storage Facility. No “sales
presentations” or “pitches” will be permitted.
•
There will be no verbatim recording of the Individual Information Sessions. The
Sponsor and the Qualified Applicants may record notes for their own purposes;
however, no distribution of any such notes between the Sponsor and the Qualified
Applicant will be permitted. Further, no such notes shall constitute any part of the
Energy Storage Facility Agreement nor other legal obligation of the Sponsor. No
such notes may be tendered in court as evidence in any suit or action against the
Sponsor.
•
No discussion will be permitted with respect to matters dealing with the price
submission for a proposed Energy Storage Facility, in particular the Economic
Bid Statement, with the exception of clarifications of terms and conditions in the
Energy Storage Facility Agreement affecting financial considerations.
LEGAL_1:34053432.9
7
•
Any handouts or visual aids provided by the Sponsor will have been posted to the
Sponsor Website prior to the first Individual Information Session. Any handouts
or visual aids provided by a Qualified Applicant shall be returned to the Qualified
Applicant at the end of the Individual Information Session.
•
The Sponsor will not render any opinion on any proposed Energy Storage
Facility.
•
Neither the Sponsor nor a Qualified Applicant is under any obligation to provide
answers.
•
Any new information provided by the Sponsor to a Qualified Applicant will be
made available to all Qualified Applicants.
•
The Sponsor has the right to make public any changes or new information
resulting from the Individual Information Sessions that is of general application to
all Qualified Applicants. Such changes or new information will be posted on the
Sponsor Website in the form of generic, anonymous questions or comments, as
well as via Addenda where applicable.
•
The protocol and rules may be varied in the Discretion of the Sponsor but will be
applied in a consistent manner among all Qualified Applicants.
2.6
Communications
This Energy Storage RFP, the Energy Storage Facility Agreement and any related
documentation will be accessible via the Sponsor Website.
This Energy Storage RFP and all Addenda relating thereto will be public and accessible
via the Sponsor Website. Interested parties shall promptly examine all such
documentation and:
(i)
report to the Sponsor any errors, omissions or ambiguities; and
(ii)
send to the Sponsor any questions they may have regarding this Energy
Storage RFP,
by completion of the Energy Storage RFP Feedback Form published on the Sponsor
Website or to the e-mail storage@ieso.ca with the subject title “Energy Storage RFP
Feedback Form Submission” on or before the end of the Question and Comment Period
specified in Section 2.2. Questions, comments and responses relating to this Energy
Storage RFP document, without attribution to or identification of the party asking the
question or making the comment, will be posted on the Sponsor Website. Questions
marked as confidential will not be accepted by the Sponsor. The Sponsor is under no
obligation to provide additional information or answers but may do so at its sole
discretion. When posting submissions and Sponsor responses to the Sponsor Website, the
Sponsor may make conforming changes to the submission to remove identifying or
proponent-specific information. It is the responsibility of an interested party to seek
clarification by submitting questions or comments on any matter that it considers to be
LEGAL_1:34053432.9
8
unclear. The Sponsor shall not be responsible for any misunderstanding on the part of an
interested party concerning any aspect of this Energy Storage RFP.
The Sponsor does not wish to impair essential or appropriate communications for the
purposes of electrical connection, site control, community liaison or support, permitting,
licensing, engineering and project planning and development, regulatory approvals or
compliance (including clarification of existing rules and regulations and the development
of any new rules and regulations relating to Energy Storage Facilities), discussions
between Qualified Applicants and the System Operator, the publication of any notice that
is required in connection with obtaining any regulatory approvals required for the
development of an Energy Storage Facility, and compliance with the requirements of this
Energy Storage RFP (collectively, the “Permitted Purposes”). Therefore, the following
communications rules apply with respect to this Energy Storage RFP:
LEGAL_1:34053432.9
(a)
Communications must be only for the Permitted Purposes and for no other
purposes; and
(b)
Permitted communications include communications with MPPs, mayors,
municipal officials, municipal administrative staff, the media, members of
the public, the System Operator, the OEB, transmitters and distributors,
for the Permitted Purposes and for no other purposes.
(c)
Communications shall not be for the purposes (the “Excluded Purposes”)
of:
(i)
obtaining (or attempting to obtain) an unfair advantage in respect
of the Energy Storage RFP;
(ii)
influencing (or attempting to influence) the terms or outcome of
the Energy Storage RFP;
(iii)
influencing (or attempting to influence) government officials,
regulatory officials or the management or staff of the Sponsor,
OEB or transmitters or distributors with respect to changes to laws,
regulations, rules, policies, or guidelines (including the Market
Rules), other than applications for permits, approvals or technical
arrangements or participating in public stakeholdering processes;
(iv)
making comparisons between its proposed Energy Storage Facility
and the proposed Energy Storage Facilities of other potential
Qualified Applicants;
(v)
denying (or attempting to deny) any other potential Qualified
Applicant fair, open and impartial consideration; or
(vi)
impairing (or attempting to impair) public confidence in the
process or outcome of the Energy Storage RFP.
9
(d)
The onus shall be on a Qualified Applicant to demonstrate that any
communications by it in relation to this Energy Storage RFP that have not
been promptly and publicly disclosed (whether on the Qualified
Applicant’s website or otherwise) were not communications for Excluded
Purposes.
(e)
Communication for any Excluded Purposes shall be and is hereby
expressly Excluded from the Permitted Purposes.
(f)
Communications with any member of the Sponsor’s management or board
of directors, the Evaluation Team or its advisors, other than as expressly
provided in this Energy Storage RFP, would be considered to be
communications for Excluded Purposes. Communications with Sponsor
staff and Ministry of Energy staff are permissible only for Permitted
Purposes. Opportunities for communication with Sponsor or Ministry of
Energy staff or any other Person for Permitted Purposes shall not be used
to carry out communications for Excluded Purposes.
If a Qualified Applicant has any questions regarding the appropriateness of specific
communications, they are advised to seek clarification from the Sponsor via the e-mail
address: storage@ieso.ca.
The Sponsor shall have the right to request and obtain from a Qualified Applicant, and
the Qualified Applicant shall if so requested promptly provide to the Sponsor,
information or clarification regarding the appropriateness of any communications by such
Qualified Applicant that may be prohibited by this Energy Storage RFP. The Qualified
Applicant shall provide all information reasonably necessary or appropriate to allow the
Sponsor to assess whether such communications are or were for Permitted Purposes.
In cases of breach of the foregoing communications rules, the Sponsor may, in its
Discretion, disqualify a Qualified Applicant or revoke the status of a Qualified Applicant,
as the case may be.
No Qualified Applicant shall engage or have engaged in any communications that would
constitute a Conflict of Interest or that would breach the Non-Collusion Requirements,
failing which, the Sponsor may, in its Discretion, disqualify the Qualified Applicant.
2.7
Proposal Preparation and Submission Process
2.7.1
General Requirements
Proponents are responsible for ensuring that the Proposals are complete in every respect
and in compliance with this Energy Storage RFP. Proponents should structure their
Proposals in accordance with the instructions in this Energy Storage RFP. Where
information is requested in this Energy Storage RFP, any response made in a Proposal
should reference the applicable section numbers of this Energy Storage RFP where such
request is made.
LEGAL_1:34053432.9
10
Apart from the completion of any blanks, bullets or similar uncompleted information in
the Required Forms, no amendments may be made to the pre-printed wording of the
Required Forms, but copies, including multiple copies, may be made of the appropriate
pages of the Required Forms. The Required Forms will be made available on the Sponsor
Website in a writable PDF, Word or Excel format following the Deadline for Issuing
Addenda. Any amendments made to the Required Forms, whether on the face of such
forms or contained elsewhere in the Proposal, may result in the disqualification of the
Proposal. All Required Forms populated with relevant information from the Proponent
must be signed by a director, officer or other person who has the authority to bind the
Proponent.
Certain Required Forms are, or contain, declarations. The onus is solely on Proponents to
conduct all investigations and verifications necessary or appropriate, including any
investigations required of any member(s) of the Proponent Team, to confirm that each of
the statements set out in the declarations can be made accurately and truthfully. If the
Sponsor determines in its Discretion that any matter declared is not materially true and
correct, then the Proposal may be invalidated and disqualified, and the Sponsor may, in
addition to any other remedies available at law or in equity, draw upon the Proposal
Security. In instances where a Proposal is not invalidated notwithstanding a discrepancy
or inconsistency between the declarations in the Required Forms populated with relevant
information from the Proponent and those declarations elsewhere in the Proposal, the
declarations in the Required Forms populated with relevant information from Proponent
shall prevail over any of the declarations made by the Proponent elsewhere in the
Proposal.
The Proposal must be written in English only and should be typed in black ink on both
sides of 8.5 x 11 inch paper, and all pages submitted in paper form should be numbered
sequentially. Proposals should be collated and organized in a user-friendly manner,
including an index, cross-referencing of the various supporting documentation and their
respective page numbering systems, detailed responses, and any attached substantiating
documentation.
All Proposals submitted by a Qualified Applicant must be packaged together in a single
envelope or package (the “Procurement Submission”), which shall include a completed
Procurement Submission Form. Within the Procurement Submission, each Proposal must
be individually packaged in accordance with Section 2.7.3 and stand-alone in all respects.
2.7.2
Multiple Proposed Energy Storage Technology Class
Each Qualified Applicant may only submit Proposals in respect of their Qualified Energy
Storage Technology Classes, and the aggregate of the Contract Capacity of all such
Proposals for each Qualified Energy Storage Technology Class may not exceed the
corresponding Class Qualification Contract Capacity. Each Proposal must relate to a
single Energy Storage Facility, a single Energy Storage Technology Class, and must
satisfy the requirements set forth in Section 3.1.4 of Stage 1 – Mandatory Requirements
of this Energy Storage RFP.
A Qualified Applicant may submit one or more Proposals for each Qualified Energy
Storage Technology Class, so long as each Proposal meets the requirements of this
LEGAL_1:34053432.9
11
Energy Storage RFP and the aggregate Contract Capacity of all such Proposals does not
exceed the Qualified Applicant’s Class Qualification Contract Capacity for the applicable
Qualified Energy Storage Technology Class. If the aggregate Contract Capacity of all
Proposals submitted by a Qualified Applicant in respect of an Energy Storage
Technology Class exceeds such Qualified Applicant’s corresponding Class Qualification
Contract Capacity, Proposal(s) shall be rejected in accordance with Section 3.1.7.
2.7.3
Procurement Submission Requirements
To be considered, a Procurement Submission must be received no later than the
Procurement Submission Deadline at the following address:
Independent Electricity System Operator
120 Adelaide Street West, Suite 1600
Toronto, ON M5H 1T1
Attention: Energy Storage RFP
Any Procurement Submission arriving after the Procurement Submission Deadline will
not be considered and will be returned unopened to the sender.
The specific submission requirements applicable to the Proposal, the Application Fee, the
Proposal Security, and the Economic Bid Statement are described below.
A Proponent must submit the following with respect to each Proposal:
•
Proposal
One original hard copy of its Proposal excluding the Proposal Security and the
Economic Bid Statement (each to be submitted in separate envelopes as provided
below) prominently marked “Original Copy”, and one additional hard copy of its
Proposal, and one electronic version of the Proposal provided on a USB key.
The hard copies of the Proposal and the electronic version on USB key must
contain every document in the Proposal including all supporting documentation
(except with respect to the Economic Bid Statement, which is to be submitted in a
separate envelope as provided below). With respect to electronic versions
submitted on a USB key, files should be in the original form of document as
provided on the Sponsor Website and as an electronically searchable PDF format
for all other documents provided by the Qualified Applicant that are included in a
Proposal. In the event of a conflict between the hard copy and the electronic copy
of the Proposal, the electronic copy of the Proposal will prevail.
Each Proposal submitted must contain the Qualified Applicant ID as provided on
the “Notification of Status” sent to all Qualified Applicants, dated March 26th,
2015, and a unique proposal number issued by the Qualified Applicant, beginning
with the number 1 and increasing sequentially by one, such that the highest
proposal number identified represents the total number of Proposals submitted by
the Qualified Applicant. The Qualified Applicant ID and unique proposal number,
separated by a dash, (collectively, the “Proposal ID”) should be clearly marked on
the each page of a Proposal.
LEGAL_1:34053432.9
12
•
Application Fee
The Application Fee, which should be contained in a separate envelope marked
“Application Fee” and with the Proposal ID.
•
Proposal Security
One original hard copy of its Proposal Security, which should be contained in a
separate envelope marked “Proposal Security” and with the Proposal ID.
•
Economic Bid Statement
One original hard copy of its Economic Bid Statement, which must be contained
in a separate, opaque and sealed envelope marked “Economic Bid Statement” and
with the Proposal ID.
The additional envelopes for the Application Fee, Proposal Security and the Economic
Bid Statement should clearly state the Proponent’s name and the name of the proposed
Energy Storage Facility.
Proposals must be in English only, and should be typed in black ink on both sides of 8.5 x
11 inch paper, and all pages should be numbered sequentially. Proposals should be
collated and organized in a user-friendly manner, containing detailed responses and
referencing any attached supporting documentation.
The entire Proposal (including the envelope containing the Application Fee, Proposal
Security and the separate envelope containing the Economic Bid Statement) should be
contained in a sealed package, with the Proposal Submission Label in the form attached
as Appendix F affixed to the outside. All Proposals submitted by a Qualified Applicant
must be packaged together in a Procurement Submission, including a completed
Procurement Submission Form.
The Procurement Submission Form in the form attached as Appendix C should be affixed
to the outside of the sealed package. In addition to the Procurement Submission Form, the
outside of the sealed package should also have the title “Energy Storage RFP –
Procurement Submission” prominently marked. The full legal name of the Proponent
and its return address should also appear on the outside of the sealed package.
All submitted Proposals become the property of the Sponsor and shall not be returned to
the Proponent, unless otherwise provided for in this Energy Storage RFP.
2.7.4
Amending or Withdrawing Proposals
Proposals cannot be amended once submitted; however, at any time prior to the
Procurement Submission Deadline, a Proponent may complete and submit a Withdrawal
Request Form to the Sponsor in hard copy at the address set forth in Section 2.7.3, and
upon receipt, the entire Procurement Submission shall be deemed to have been
withdrawn. Following submission of a Withdrawal Request Form, the Proponent may, in
its discretion, replace the withdrawn Procurement Submission with a new Procurement
Submission.
13
LEGAL_1:34053432.9
2.7.5
Irrevocability
Proposals shall be irrevocable in the form submitted by the Proponent until 5:00:00 P.M.
(Eastern Prevailing Time) on the one hundred and twentieth (120th) day after the
Procurement Submission Deadline or for such longer period as agreed to from time to
time pursuant to the provisions of this Section 2.7.5 (the “Period of Irrevocability”).
If the Sponsor wishes to extend the Period of Irrevocability, the Sponsor shall submit a
request prior to the expiry of the Period of Irrevocability to those Proponents whose
Proposals are, at the time of the request, still being considered in the evaluation process.
A Proponent may, in its discretion, refuse to extend its Period of Irrevocability and, in
such case, must notify the Sponsor of such intent within five Business Days after such
request was made.
If a Proponent refuses to extend the Period of Irrevocability, the Proponent’s Proposal
shall continue to be irrevocable in accordance with its original Period of Irrevocability.
If the Sponsor determines in its Discretion that it will be unable to award contracts prior
to the expiration of the applicable Period of Irrevocability, it will, after the expiration of
the Period of Irrevocability, cease to consider the Proposal(s) of a Proponent who has
refused the Sponsor’s request to extend its Period of Irrevocability. The Sponsor will
continue to evaluate Proposals of those Proponents who have consented to an extension
to their Period of Irrevocability and award contracts, if at all, only to such remaining
Proponents.
2.7.6
Changes to Proponent Team
No changes to the Designated Team Members and Designated Equity Provider identified
in the RFQ Qualification Submission are permitted, unless the Sponsor’s consent has
been granted, which consent may be given in the Sponsor’s Discretion. The Sponsor
anticipates granting such consent only in the event of extenuating circumstances and
where the Sponsor determines that the substituted Designated Team Member or
Designated Equity Provider would have satisfied the requirements of the Energy Storage
RFQ if the substitution had occurred prior to the submission of the RFQ Qualification
Submission to the Sponsor.
No change of Control of the Qualified Applicant shall be permitted after the Procurement
Submission Deadline.
2.8
Notification of Selected Proponents and Other Proponents
2.8.1
Selected Proponents
Once the Selected Proposal(s) is(are) chosen by the Sponsor, the Sponsor will notify the
Selected Proponent(s) in writing of the selection, and will notify the other Proponents that
were not chosen by the Sponsor in accordance with Section 2.8.2.
The Sponsor will, after the close of business in Toronto, Ontario, in accordance with the
Schedule, make a public announcement of such selection, noting that such selection is
LEGAL_1:34053432.9
14
subject to the successful completion and execution of the Energy Storage Facility
Agreement and related closing documents. The Sponsor will forward to the Selected
Proponent(s) a copy of the Energy Storage Facility Agreement and those related closing
documents prepared by the Sponsor for completion and execution by the Selected
Proponent(s), and the date that the Energy Storage Facility Agreement and such closing
documents are sent by the Sponsor to the Selected Proponent(s) is referred to as the
“Energy Storage Facility Agreement Receipt Date”. For greater certainty, if any Selected
Proponents are not a single legal entity (for example, an unincorporated joint venture or a
general partnership), then each of the legal entities forming such Selected Proponents (or
their Affiliates) shall execute the Energy Storage Facility Agreement as the Supplier and
shall be jointly and severally liable to the Sponsor for all representations, warranties,
obligations, covenants and liabilities of the Supplier thereunder.
The Selected Proponent(s) (or their Affiliates) must, within twenty (20) Business Days
after the Energy Storage Facility Agreement Receipt Date, (i) deliver the Completion and
Performance Security to the Sponsor, and (ii) execute and deliver the Energy Storage
Facility Agreement together with all related closing documents required by the Sponsor
(including certificates of status or equivalent). For greater certainty, it is the Selected
Proponent(s) or their Affiliates who must execute and deliver the Energy Storage Facility
Agreement, and the Selected Proponent(s) may not substitute or propose to substitute
another party in its place other than an Affiliate.
Should any Selected Proponent(s) fail to deliver the Completion and Performance
Security or fail to execute and deliver the Energy Storage Facility Agreement and all
related closing documents required by the Sponsor within the required timeframes in
respect of any Selected Proposals, such Selected Proponents will be in breach of this
Energy Storage RFP with respect to such Proposals and the Sponsor may, in its
Discretion and without limiting its rights under this Energy Storage RFP, disqualify such
Selected Proposals, draw upon the Proposal Security, and/or disqualify any or all other
Selected Proposals submitted by the same Selected Proponent.
Once the required Completion and Performance Security and the executed Energy
Storage Facility Agreement and all related closing documents have been delivered to the
Sponsor by the Selected Proponents, the Sponsor will coordinate, in consultation with the
applicable Suppliers, a second public announcement concerning the Suppliers and their
Energy Storage Facilities.
2.8.2
Other Proponents
Shortly after the Selected Proponent(s) is(are) notified pursuant to Section 2.8.1, the
Sponsor will notify the other Proponent(s) of the fact that successful Proponent(s) have
been selected by the Sponsor as the Selected Proponent(s) and that the Energy Storage
RFP process has concluded, that they were not selected by the Sponsor under this Energy
Storage RFP, and that such decision is final and binding.
2.9
Debriefing
Any Proponent who had one or more Proposals that did not become Selected Proposals
may, after receiving confirmation in writing pursuant to Section 2.8.2 that such Proposals
LEGAL_1:34053432.9
15
were not selected, request a debriefing to be conducted in accordance with the timeframe
set out in the Schedule. Requests must be made in writing by sending an e-mail to the
address storage@ieso.ca within 21 days of receipt of such notification. The intent of the
debriefing session is to assist the Proponent in presenting a better proposal in subsequent
procurement opportunities. Any debriefing provided is not offered for the purpose of
providing an opportunity to challenge this Energy Storage RFP procurement process or
result. For clarity, no information given in such debriefing may be used for the purposes
of challenging this Energy Storage RFP process or result.
2.10
Confidentiality
Information provided by a Proponent is subject to, and may be released in accordance
with, the provisions of the Freedom of Information and Protection of Privacy Act
(Ontario). A Proponent is required to clearly identify any portion of any Proposal that
contains proprietary or confidential information by marking it as “Proprietary and
Confidential”. Only those portions of a Proposal that are marked as “Proprietary and
Confidential” will be accorded confidential treatment by the Sponsor in accordance with
this Section 2.10. Notwithstanding the foregoing, each Economic Bid Statement, if
opened by the Sponsor pursuant to Section 3.2, it shall be deemed to be confidential
information belonging to both the Proponent and the Sponsor.
The confidentiality of any such information identified by the Proponent will be
maintained by the Sponsor, except where laws and regulations, a request by the
Information and Privacy Commissioner, a court, legislative committee or a tribunal
requires the Sponsor to do otherwise. Notwithstanding the foregoing, the Sponsor shall
not be required to maintain the confidentiality of any such information that:
(a)
is or becomes generally available to the public without fault or breach on
the part of the Sponsor of any duty of confidentiality owed by the Sponsor
to the Proponent or to any third party;
(b)
the Sponsor can demonstrate that it had been rightfully obtained by the
Sponsor, without any obligation of confidence, from a third party that had
the right to transfer or disclose it to the Sponsor free of any obligation of
confidence;
(c)
the Sponsor can demonstrate that it had been rightfully known by, or in the
possession of, the Sponsor at the time of disclosure, free of any obligation
of confidence when disclosed; or
(d)
has been independently developed by the Sponsor.
Information contained in Procurement Submissions will, as deemed necessary by the
Sponsor, be disclosed on a confidential basis, to the Evaluation Team, the Government of
Ontario, distributors, transmitters, the System Operator, the Fairness Advisor, the
Sponsor’s counsel and other advisors retained in connection with the Energy Storage RFP
and in the evaluation of the Proposals.
LEGAL_1:34053432.9
16
All information provided by or obtained from the Sponsor in any form in connection with
this Energy Storage RFP is the sole property of the Sponsor and must be treated as
confidential, and:
2.11
(i)
is not to be used for any purpose other than replying to this Energy
Storage RFP;
(ii)
must not be disclosed without the prior written authorization of the
Sponsor; and
(iii)
shall be returned by the Proponent to the Sponsor immediately upon the
request of the Sponsor.
Disclosure of Proponents
Notwithstanding Section 2.10, the Sponsor may choose to publish or otherwise disclose
all or any part of the following information regarding the Proposals subsequent to
notifying all successful and unsuccessful Proponents or following the completion of any
Energy Storage RFP:
3.
(a)
Proponents’ Name; and
(b)
applicable Energy Storage Technology Classes for which the Proponent
submitted a Proposal, including the corresponding Contract Capacities.
EVALUATION
The evaluation of Proposals will be conducted by the Sponsor in two distinct Stages as follows:
Stage 1 – Mandatory Requirements. In Stage 1, each Proposal will pass or fail depending on
whether the Proposal meets each of the Mandatory Requirements.
Stage 2 – Economic Bid Statement. In Stage 2, each Proposal that passed Stage 1 will have its
Economic Bid Statement opened and evaluated, as further described in Section 3.2, in order to
determine its priority and whether it will be included on the Offer List.
A Proposal must meet the requirements of Stage 1 in order to proceed to Stage 2. Those
Proposals that fail any of evaluation Stages 1 or 2 or are found to have failed to provide the
information required for the Economic Bid Statement will be disqualified and will not be
evaluated further.
3.1
Stage 1 – Mandatory Requirements
Each Proposal must be specific to a single Energy Storage Facility. Proposals that do not
satisfy each of the Mandatory Requirements will not be evaluated further and will be
rejected. Upon a Proponent’s failure to pass Stage 1, “Envelope 2 – Economic Bid
Statement” will not be opened.
3.1.1
LEGAL_1:34053432.9
Non-refundable Application Fee
17
Each Proposal must include a certified cheque, bank draft or money order payable to the
Independent Electricity System Operator in the amount of $1,000, which fee is inclusive
of HST and shall be non-refundable regardless of whether the Proposal is accepted by the
Sponsor (the “Application Fee”).
3.1.2
Proposal Security
The Proposal Security for each Proposal must be in the amount of (i) $20,000, for
Proposals having a Contract Capacity up to or equal to 2,000 kW, and (ii) $50,000, for
Proposals having a Contract Capacity greater than 2,000 kW.
In order to satisfy this requirement, the Proposal Security must be in the form of a
certified cheque or a bank draft issued by a financial institution listed in either Schedule I
or II of the Bank Act (Canada), payable to and in favour of “Independent Electricity
System Operator”.
For greater certainty, the Proposal Security may not be combined or aggregated as
between Proposals.
Where the Sponsor becomes entitled to draw upon the Proposal Security for any reason
under this Energy Storage RFP or at law or in equity, the Sponsor shall have the right to
draw upon the full amount of the Proposal Security. By submitting a Proposal, the
Proponent agrees that such full amount of the Proposal Security constitutes a reasonable
pre-estimate of damages that would be suffered by the Sponsor and that the full amount
of the Proposal Security constitutes the true quantum of liquidated damages and is not a
penalty.
3.1.3
Confirmation of Access Rights
For each proposed Energy Storage Facility, the Qualified Applicant must demonstrate
that it has either title or rights of access to the Site, sufficient to build, operate and
maintain the Energy Storage Facility for the term of the Energy Storage Facility
Agreement (“Access Rights”). As evidence of Access Rights, each Proposal must include
a declaration in the form attached as Appendix G.
Multiple Energy Storage Facilities may be co-located, so long as each Energy Storage
Facility is individually metered and satisfies all other requirements of this Energy Storage
RFP and the Energy Storage Facility Agreement. Energy Storage Facilities that are colocated within a single building may share building services such as heating, ventilation
and air conditioning, lighting and fire safety systems, subject to the requirement that the
“Metering Plan” under the Energy Storage Facility Agreement contain a reasonable
allocation of such loads as between the co-located Energy Storage Facilities.
3.1.4
Technical Questionnaire
The Proponent must submit the technical details of the Energy Storage Facility, including
the applicable Energy Storage Technology Class, Contract Capacity, Connection
Capacity Limit, Connection Point, single-line diagrams, plans, specifications, etc. For
projects that are of an Energy Storage Facility Class other than pumped storage and
LEGAL_1:34053432.9
18
compressed air, the Contract Capacity shall be no less than 500 kW and no more than
2,000 kW. For projects that are of an Energy Storage Facility Class of either pumped
storage or compressed air, the Contract Capacity shall be no less than 500 kW and no
more than 5,000 kW.
The responses provided in the Technical Questionnaire must demonstrate that the Energy
Storage Facility is expected to have the ability to pass a “Capacity Check Test”, as set out
in Section 15.6 of the Energy Storage Facility Agreement.
Each Energy Storage Facility must never have been connected, directly or indirectly, to
the IESO-Controlled Grid or a Distribution System, and must not be the subject of a
physical or financial power, energy, storage or capacity purchase contract relating to the
storage of Electricity by such proposed facility (in whole or in part), or other form of
contract with the Sponsor, the Ontario Electricity Financial Corporation or the
Government of Ontario or any other agency of the Government of Ontario relating to
Electricity or Related Products relating to such proposed facility (a “Prior Contract”).
The Energy Storage Technology Class of an Energy Storage Facility must be a Qualified
Energy Storage Technology Class for the applicable Proponent, and the Contract
Capacity must be no greater than the lesser of the applicable limit set forth in the
preceding paragraph and the Class Qualification Contract Capacity for the applicable
Proponent. The Connection Capacity Limit must be no greater than 1.25 times the
Contract Capacity.
Proponents are cautioned that there are restrictions in the Energy Storage Facility
Agreement on changing the key features of an Energy Storage Facility, including,
without limitation, the Contract Capacity, Connection Capacity Limit, and Connection
Point. Proponents should not assume that they will be permitted to make any such
changes following the award of an Energy Storage Facility Agreement.
3.1.5
Confirmation of Team Members
Each Proposal must certify in the Required Form that there have been no changes to the
Designated Team Members and Designated Equity Providers identified in the RFQ
Qualification Submission, except as otherwise permitted by Section 2.7.6.
3.1.6
Identity of Proponent
Except as otherwise permitted by Section 2.4, the Proponent must be the Qualified
Applicant.
This requirement will be satisfied by the Proponent’s statement in its response to the
Technical Questionnaire, the Proponent’s submission of a copy of the Proposal, and a
copy of the response letter from the Sponsor confirming status as a Qualified Applicant.
3.1.7
Confirmation of Aggregate Class Qualification Contract Capacity
For each Qualified Energy Storage Technology Class for which a Proponent submits
more than one Proposal, the sum of the Contract Capacities of all Proposals in respect of
LEGAL_1:34053432.9
19
such Qualified Energy Storage Technology Class must not exceed the Proponent’s Class
Qualification Contract Capacity. If a Proponent has submitted multiple Proposals in
respect of an Qualified Energy Storage Technology Class, and the sum of the Contract
Capacities of such Proposals exceeds the Proponent’s Class Qualification Contract
Capacity in respect of the corresponding Qualified Energy Storage Technology Class, the
Proposal(s) with the highest unique proposal numbers, as issued by the Proponent in
accordance with Section 2.7.3, shall be rejected by the Sponsor in order to bring the sum
of the Contract Capacities of all remaining Proposals in respect of such Qualified Energy
Storage Technology Class to no greater than the Proponent’s applicable Class
Qualification Contract Capacity.
3.2
Stage 2 – Economic Bid Statement
All Proposals that have passed Stage 1 will have their respective Economic Bid
Statements opened.
3.2.1
Economic Bid Statement
Each Proponent must submit one (1) Economic Bid Statement populated with relevant
information for each Proposal, in the form set out in Appendix D, in a separate, sealed,
opaque envelope marked “Economic Bid Statement” followed by the name of the
Proponent, the name of the proposed Energy Storage Facility and the Proposal ID.
Each Proponent is required to submit, as part of its Economic Bid Statement, the
following parameters as set out in Exhibit B of the Energy Storage Facility Agreement
(exclusive of any applicable HST):
(a)
Net Revenue Requirement stated in Dollars per MW-month (“NRR”).
The value to be set out in the Economic Bid Statement must be entered precisely in
numeric form using the format provided in Appendix D without further information,
condition or qualification whatsoever. Proponents are advised that any deviation from the
required format of the Economic Bid Statement whatsoever, including, but not limited to,
the provision of a price range, conditional price, qualified price, or an incomplete price,
will result in the disqualification of the Proposal. Further, disclosure by the Proponent or
any member of the Proponent Team of the Net Revenue Requirement other than in the
Economic Bid Statement, shall result in disqualification of the Proposal.
Proponents should note that errors contained in a Proponent’s Economic Bid Statement
are the sole responsibility of the Proponent and that the Sponsor will be unable to
communicate any perceived error to a Proponent.
All such Proposals, with the exception of those Proposals for which the Economic Bid
Statements do not comply with the requirements in Section 3.2.1, will undergo the
prioritization described in this Stage. This Section outlines the evaluation and selection
process in accordance with the procedures set out below.
The evaluation is comprised of the following final two steps:
LEGAL_1:34053432.9
20
Step 1: Creation of the Preliminary List
Step 2: Further Prioritization and Capacity Screening
3.2.2
Step 1: Creation of the Preliminary List
In Step 1, all of the Proposals that have passed Stage 1 – Mandatory Requirements and
have Economic Bid Statements that comply with the requirements of Section 3.2.1 will
be ranked in order of NRR, with the lowest NRR receiving the highest priority, the
second lowest NRR receiving the second highest priority, and so on until all of the
Proposals have been ranked according to their NRR.
Any Proposals for which the NRR exceeds the Reserve Price will be rejected. The
Reserve Price shall not be published; however, it will be provided to the Fairness Advisor
to be maintained in confidence.
The outcome of this ranking will create a preliminary list (the “Preliminary List”). In the
event of an equivalent NRR between two or more Proposals, the order shall be
determined by a random draw between such Proposals.
3.2.3
Step 2: Further Prioritization and Capacity Screening
In Step 2, so as to facilitate a diversity of Energy Storage Technology Classes to be
selected under this Energy Storage RFP, Proposals included in the Preliminary List shall
be submitted to the Capacity Screening Process, as follows:
LEGAL_1:34053432.9
(a)
The highest priority Proposal on the Preliminary List shall be the first
Proposal submitted to the Capacity Screening Process. If it passes the
Capacity Screening Process, it shall be moved to the Offer List. If it fails
the Capacity Screen Process, it shall be rejected, and this step shall be
repeated.
(b)
The highest priority Proposal on the Preliminary List that does not utilize
the same Energy Storage Technology Class as the Proposal moved to the
Offer List in accordance with Section 3.2.3(a), shall be the next Proposal
submitted to the Capacity Screening Process. If it passes the Capacity
Screening Process, it shall be moved to the Offer List. If it fails the
Capacity Screen Process, it shall be rejected, and this step shall be
repeated.
(c)
The highest priority Proposal on the Preliminary List that does not utilize
the same Energy Storage Technology Class as the Proposals moved to the
Offer List in accordance with Sections 3.2.3(a) and (b), shall be the next
Proposal submitted to the Capacity Screening Process. If it passes the
Capacity Screening Process, it shall be moved to the Offer List. If it fails
the Capacity Screen Process, it shall be rejected, and this step shall be
repeated.
21
(d)
LEGAL_1:34053432.9
In order of position on the Preliminary List, each remaining Proposal on
the Preliminary shall be processed as follows:
(i)
If the addition of such Proposal to the Offer List would result in
the total Contract Capacity of Proposals on the Offer List
exceeding 16.46 MW by an amount equal to the lesser of (A) 50%
of the Contract Capacity of such Proposal, and (B) 1.0 MW, it
shall be rejected;
(ii)
If the addition of such Proposal to the Offer List would result in
the Total Procurement Cost of Proposals on the Offer List
exceeding the Procurement Cost Limit, it shall be rejected;
(iii)
If the addition of such Proposal to the Offer List would result in
the total Contract Capacity of Proposals of that Energy Technology
Storage Class on the Offer List exceeding the lesser of (A) 7 MW
and (B) the total of 6 MW plus half of the Contract Capacity of the
Proposal, it shall be moved to a reserve list (the “Reserve List”);
and
(iv)
If such Proposal has not been rejected or moved to the Reserve
List, as set out above in this Section 3.2.3(d), it shall be the next
Proposal submitted to the Capacity Screening Process. If it passes
the Capacity Screening Process, it shall be moved to the Offer List.
If it fails the Capacity Screen Process, it shall be rejected.
(e)
The Capacity Screening Process shall be terminated following processing
of all Proposals on the Preliminary List unless one or more Proposals on
the Reserve List are capable of addition to the Offer List without
infringement of the limits set out in paragraphs (i) and (ii) of Section
3.2.3(d). Termination of the Capacity Screening Process shall result in the
rejection of all Proposals on the Reserve List.
(f)
If the Capacity Screen Process has not been terminated pursuant to Section
3.2.3(e), each Proposal on the Reserve List shall be processed as follows,
in the order in which they were added to the Reserve List:
(i)
If the addition of such Proposal to the Offer List would result in
the total Contract Capacity of Proposals on the Offer List
exceeding 16.46 MW, it shall be rejected;
(ii)
If the addition of such Proposal to the Offer List would result in
the Total Procurement Cost of Proposals on the Offer List
exceeding the Procurement Cost Limit, it shall be rejected; and
(iii)
If such Proposal has not been rejected as set out above in this
Section 3.2.3(f), it shall be the next Proposal submitted to the
Capacity Screening Process. If it passes the Capacity Screening
22
Process, it shall be moved to the Offer List. If it fails the Capacity
Screen Process, it shall be rejected.
Following the processing of all such Proposals, the Capacity Screening
Process shall be terminated.
Any Proponent whose Proposal is included on the Offer List shall be a “Selected
Proponent” and shall be required to enter into an Energy Storage Facility Agreement as
provided in Section 2.8.1 in respect of the applicable Proposal(s), and to carry out the
provisions of the Energy Storage Facility Agreement.
4.
TERMS AND CONDITIONS
4.1
4.2
General Terms and Conditions
1.
Except where expressly set out to the contrary in this Energy Storage RFP,
all submissions shall become the property of the Sponsor and shall not be
returned to the Qualified Applicant or the Proponent.
2.
For the purpose of determining time of receipt of any submission, the
clock at the prescribed location for submission shall govern.
3.
The onus remains solely with the Qualified Applicant or Proponent to
instruct courier and delivery personnel to deliver submissions to the
relevant specified location by the relevant deadline.
4.
All submissions must be complete in all respects at the time of
submission.
Definitions
Capitalized terms used in this Energy Storage RFP have the respective meanings ascribed
to them in Appendix A. Unless otherwise indicated, references to sections and appendices
are references to sections and appendices in this Energy Storage RFP.
4.3
Energy Storage RFP Documents
The following materials form part of, and are incorporated into, this Energy Storage RFP:
1.
the body of this Energy Storage RFP and all Appendices; and
2.
Addenda.
Any conflict or inconsistency between this Energy Storage RFP, the Appendices, or any
Addenda shall be resolved by interpreting the documents and information in the
following order from highest priority to lowest priority:
LEGAL_1:34053432.9
1.
Addenda;
2.
this Energy Storage RFP (excluding Appendices); and
23
3.
Appendices to this Energy Storage RFP.
All other information and materials (including but not limited to responses to questions or
comments and information provided in Individual Information Sessions and supporting
materials) are provided for information purposes only, do not form part of this Energy
Storage RFP and are not binding on the Sponsor.
In the event of any conflict or inconsistency between the terms of this Energy Storage
RFP and the Proposal, this Energy Storage RFP shall govern over the Proposal to the
extent of any conflict or inconsistency.
4.4
Compliance
If, in the Discretion of the Sponsor, a Proposal does not comply with the requirements set
out in this Energy Storage RFP, the Sponsor may, without liability, cost or penalty,
disqualify the Proposal and the Proposal shall not be given any further consideration. For
purposes of this Energy Storage RFP, “comply” mean that the Proposal conforms to the
requirements of this Energy Storage RFP without Material Deviation.
For the purpose of clarity, each Qualified Applicant and Proponent acknowledges and
agrees that the Sponsor’s evaluation of compliance with this Energy Storage RFP is not
an evaluation of absolute compliance and that the Sponsor may waive failures to comply
that, in the Sponsor’s Discretion, do not constitute a Material Deviation.
4.5
Return of Proposal Security
For each Proponent whose Proposal is disqualified in Stage 1 or Stage 2, the applicable
Proposal Security will be returned to the address provided on the Proposal Submission
Label within 10 Business Days of the Proponent being notified of the Proposal’s failure.
For each Proponent whose Proposal passes Stage 1, but is rejected or not selected in
Stage 2, the applicable Proposal Security will be returned within 10 Business Days of the
Sponsor’s notice pursuant to Section 2.8.2 that the Energy Storage RFP process has
concluded and that they were not selected by the Sponsor under this Energy Storage RFP.
For the Selected Proposal(s), the applicable Proposal Security will be returned upon
delivery of the Completion and Performance Security and the executed Energy Storage
Facility Agreement and related closing documents.
4.6
Participation Costs
Each Qualified Applicant and Proponent will bear all costs and expenses in connection
with its participation in this Energy Storage RFP, including any costs incurred in the
review of this Energy Storage RFP and any expert advice required in responding to this
Energy Storage RFP. The Sponsor and its advisors shall not be liable to pay any
Qualified Applicants’ and Proponents’ costs under any circumstances. In particular, the
Sponsor will not reimburse the Qualified Applicants or Proponents in any manner
whatsoever in the event of rejection or disqualification of any or all Proposals or in the
event of the cancellation of this Energy Storage RFP for any reason, except where the
LEGAL_1:34053432.9
24
Sponsor exercises its rights reserved under Sections 4.12(11) or 4.12(12) of this Energy
Storage RFP to cancel it. Subject to the previous sentence and subject to Section 4.7, by
submitting any submission in response to this Energy Storage RFP, the Qualified
Applicant and Proponent irrevocably and unconditionally waives any claims against the
Sponsor and its advisors relating to the Qualified Applicants’ and Proponents’ costs and
expenses, except as permitted pursuant to this Section 4.6.
4.7
Material Breach of “Contract A”
Each Qualified Applicant and Proponent agrees that, if the Sponsor commits a material
breach of this Energy Storage RFP (that is, a material breach of “Contract A”), the
Sponsor’s liability to the Qualified Applicant or Proponent, and the aggregate amount of
damages recoverable against the Sponsor for any matter relating to or arising from that
material breach, whether based upon an action or claim in contract, warranty, equity,
negligence, intended conduct or otherwise, including any action or claim arising from the
acts or omissions, negligent or otherwise, of the Sponsor, shall be no greater than the
submission preparation costs that the Qualified Applicant or Proponent seeking damages
from the Sponsor can demonstrate and shall in any event not include any lost profits or
indirect, punitive or consequential damages.
4.8
Verification
All statements, information and documentation submitted as part of any submission are
subject to verification and enforcement in accordance with the terms of this Energy
Storage RFP and the Energy Storage Facility Agreement as applicable. If such
statements, information or documentation are determined by the Sponsor to be incorrect
or misleading, the Sponsor reserves the right to re-evaluate the submission and the
Proponent’s status, including the Proponent’s compliance with the Mandatory
Requirements in Stage 1, and to revise the Proposal’s standing in Stage 2.
4.9
Other Procurement Processes
Participation in this Energy Storage RFP shall not preclude participation in any other
present or future Sponsor procurements (provided that all requirements and criteria set
out under each such procurement are satisfied).
This Energy Storage RFP is not in any way intended to preclude, restrict or otherwise
discourage any Qualified Applicant or Proponent from proceeding with the development
of new energy storage facilities outside the scope of the Sponsor’s procurement
processes.
4.10
Energy Storage Facility Agreement
Each Selected Proponent or an Affiliate of such Selected Proponent must sign and
deliver, within the time periods set out in Section 2.8.1, the Completion and Performance
Security and the Energy Storage Facility Agreement, in the form circulated by the
Sponsor, together with such related closing documents such as certificates of status and
other documentation as is required or contemplated by this Energy Storage RFP or the
Energy Storage Facility Agreement.
LEGAL_1:34053432.9
25
4.11
Governing Law
This Energy Storage RFP shall be governed by and construed in accordance with the laws
of the Province of Ontario and the federal laws of Canada applicable therein. Each
Qualified Applicant and Proponent submits to the exclusive jurisdiction of the courts of
the Province of Ontario situated in Toronto.
4.12
Reserved Rights
Notwithstanding any other provision of this Energy Storage RFP, the Sponsor reserves
the right to:
LEGAL_1:34053432.9
1.
make public the names of any or all Qualified Applicants, Proponents,
proposed Energy Storage Facility names, and proposed Sites;
2.
request written clarification or the submission of supplementary written
information from any Qualified Applicant or Proponent and incorporate
the response to that request for clarification into the that party’s
submission;
3.
meet with some or all Qualified Applicants or Proponents to discuss
aspects of their submissions;
4.
verify with any Qualified Applicant or Proponent, or with a third party,
any information set out in a submission;
5.
contact any party providing financing, including obtaining information on
such party whether directly from the party or a third party;
6.
check references other than those provided by any Proponent;
7.
disqualify any Qualified Applicant or Proponent whose submission
contains misrepresentations or any other inaccurate or misleading
information;
8.
waive any informality or irregularity at the Sponsor’s Discretion;
9.
disqualify any Qualified Applicant or Proponent or the submission of any
such party who has engaged in conduct prohibited by this Energy Storage
RFP;
10.
make changes, including substantial changes, to this Energy Storage RFP
provided that those changes are issued by way of Addenda in the manner
set out in this Energy Storage RFP;
11.
cancel this Energy Storage RFP process at any stage;
12.
cancel this Energy Storage RFP process at any stage and issue a new RFP
for the same or similar deliverables;
26
13.
reject any or all Proposals at the Sponsor’s Discretion; or
14.
if only one Proposal is received, elect to accept or reject it,
and these reserved rights are in addition to any other express rights or any other rights
which may be implied in the circumstances, and the Sponsor shall not be liable for any
expenses, costs, losses or any direct or indirect damages incurred or suffered by any
Qualified Applicant, Proponents, or any third party resulting from the Sponsor exercising
any of its express or implied rights under this Energy Storage RFP.
By submitting a Proposal, the Proponents, on its own behalf and on behalf of each
member of the Proponent Team to which it belongs, authorizes the collection by the
Sponsor of the information set out under items 4, 5 and 6 above.
4.13
No Exclusivity of Contract
The Energy Storage Facility Agreement, if any, executed with a Supplier will not be an
exclusive contract for the provision of energy storage facilities. The Sponsor may
contract with others for the same or similar facilities or may otherwise obtain the same or
similar facilities by other means.
LEGAL_1:34053432.9
27
Appendix A – Glossary of Terms
APPENDIX A - GLOSSARY OF TERMS
Access Rights
Has the meaning given to it in Section 3.1.3.
Addendum
Means any addendum issued by the Sponsor and identified as
an “Addendum to Energy Storage RFP” or “Addendum to
Energy Storage Facility Agreement”, and “Addenda” means
more than one Addendum.
Affiliate
Has the meaning given to it in the Energy Storage Facility
Agreement.
Appendix or Appendices
Means the Appendix or Appendices that form part of this
Energy Storage RFP.
Application Fee
Has the meaning given to it in Section 3.1.1.
Battery – Flow
Means a type of Energy Storage Facility which stores energy
by having chemical components in liquid electrolyte solution
contained within the system which flow through
electrochemical cells during charge and discharge. In these
systems, energy is stored exclusively as a liquid electrolyte.
Battery – Solid
Means a type of Energy Storage Facility which stores energy
by having all chemical components contained within the
electrochemical cell and the energy is stored exclusively as
the electrode material.
Business Day
Means a day, other than a Saturday or Sunday or statutory
holiday in the Province of Ontario or any other day on which
the offices of chartered banks in Toronto, Ontario are not
open for the transaction of business.
Capacitor
Means a type of Energy Storage Facility where energy is
stored exclusively as physical electrical charge.
Capacity Screening List
Has the meaning given to it in Section 3.2.3.
LEGAL_1:34053432.9
Appendix A – Glossary of Terms
Capacity Screening Process
Means an assessment (i) performed by the Sponsor to
determine whether the Transmission System is likely to have
sufficient connection resources to accommodate the
connection of an Energy Storage Facility, and, (ii) performed
by the Sponsor in conjunction with any applicable distributor
to determine whether the applicable Distribution System is
likely to have sufficient connection resources to accommodate
the connection of an Energy Storage Facility. For greater
certainty, the Capacity Screening Process is a screening
process only and as such it does not guarantee the ability to
connect an Energy Storage Facility.
Class Qualification Contract
Capacity
Means, with respect to each Qualified Energy Storage
Technology Class of a Qualified Applicant, the maximum
aggregate Contract Capacity of Energy Storage Facilities of
such class for which the Qualified Applicant was qualified
pursuant to the Energy Storage RFQ to submit Proposals.
Completion and Performance
Security
Has the meaning given to it in the Energy Storage Facility
Agreement.
Compressed Air
Means a type of Energy Storage Facility where energy is
stored primarily as pressurized air and supplemented only by
ancillary thermal energy recovered during compression.
Conflict of Interest
Means, without limitation, any situation or circumstance
where, in relation to this Energy Storage RFP process, the
Proponent obtains an unfair advantage or engages in conduct,
directly or indirectly, that may allow it to obtain an unfair
advantage, including (i) having or having access to
information in the preparation of its Proposal that is
confidential to the Sponsor or the Government of Ontario and
that is not available to other Proponents; (ii) communicating
with any official or representative of the Sponsor or the
Government of Ontario or members of the Evaluation Team
with a view to influencing preferred treatment in this Energy
Storage RFP process; or (iii) engaging in conduct (including
breach of Non-Collusion Requirements) that compromises or
could be seen to compromise the integrity of the open and fair
Energy Storage RFP process and tend to render that process
non-competitive and unfair.
Connection Capacity Limit
Means the maximum capacity that may be used by a Supplier
in any request for an Impact Assessment, which shall not
exceed 1.25 times the Contract Capacity.
LEGAL_1:34053432.9
2
Appendix A – Glossary of Terms
Connection Point
Has the meaning given to that term in Energy Storage Facility
Agreement.
Contract Capacity
Has the meaning given to that term in Energy Storage Facility
Agreement.
Has the meaning given in Section 4.7.
Contract “A”
Control, Controlled or
Controls
Means, with respect to any person at any time, (i) holding,
whether directly or indirectly, as owner or other beneficiary,
other than solely as the beneficiary of an unrealized security
interest, securities or ownership interests of that person
carrying votes or ownership interests sufficient to elect or
appoint 50 percent or more of individuals who are responsible
for the supervision or management of that person, or (ii) the
exercise of de facto control of that person whether direct or
indirect and whether through the ownership of securities or
ownership interests, by contract or trust or otherwise.
Deadline for Issuing Addenda Means the date and the time on the Schedule or as amended in
accordance with this Energy Storage RFP.
Deliver
Has the meaning ascribed to it in the Energy Storage Facility
Agreement.
Designated Equity Provider
Means those Persons identified as such on the Qualified
Applicant’s RFQ Qualification Submission.
Designated Team Members
Means those individuals identified as such on the Qualified
Applicant’s RFQ Qualification Submission.
Discretion
Means the sole and absolute discretion of the Sponsor.
Distribution System
Means a system connected to the IESO-Controlled Grid for
distributing electricity at voltages of 50 kV or less, which is
owned and operated by an OEB-licensed electricity
distributor, and includes any structures, equipment or other
things used for that purpose.
Dollar, dollar or $
Means Canadian currency unless otherwise specifically set
out to the contrary.
Eastern Prevailing Time or
EPT
Means either Eastern Standard Time or Eastern Daylight
Savings Time in effect from time to time.
Economic Bid Statement
Means the form of Economic Bid Statement set out in
Appendix D.
LEGAL_1:34053432.9
3
Appendix A – Glossary of Terms
Energy Storage Facility
Means, for the purposes of this Energy Storage RFP, the
proposed energy storage facility to be constructed, developed
and operated by the Supplier under the Energy Storage
Facility Agreement.
Energy Storage Facility
Agreement
Means (i) the form of contract entitled Energy Storage
Facility Agreement attached as Appendix B; and (ii) the
Energy Storage Facility Agreement executed between a
Supplier and the Sponsor, as the context requires.
Energy Storage Facility
Agreement Receipt Date
Has the meaning given in Section 2.8.1.
Energy Storage RFP
Has the meaning given in Section 1.1
Energy Storage RFP
Feedback Form
Means the Energy Storage RFP Feedback form available on
the Sponsor Website.
Energy Storage RFQ
Has the meaning given in Section 1.1
Energy Storage Technology
Class
Means each of the following classes of Energy Storage
Facility: Battery – Flow, Battery – Solid, Capacitor,
Compressed Air, Flywheel, and Pumped Hydro.
Excluded Purposes
Has the meaning given in Section 2.6.
Evaluation Team
Means collectively, the Sponsor’s personnel and advisors who
are involved in evaluating Proposals.
Fairness Advisor
Means the person who is retained by the Sponsor to provide
(i) independent assurance to Proponents and other
stakeholders that the selection and contracting processes are
fair and transparent and (ii) a written statement that attests
that the procurement process was conducted in an objective
and fair manner.
Flywheel
Means a type of Energy Storage Facility where energy is
stored exclusively as the kinetic energy of a rotating mass.
Glossary of Terms
Means this Glossary of Terms forming part of this Energy
Storage RFP attached as Appendix A.
Government of Ontario
Means Her Majesty the Queen in Right of Ontario.
HST
Means Harmonized Sales Tax.
LEGAL_1:34053432.9
4
Appendix A – Glossary of Terms
IESO
Means the Independent Electricity System Operator, a
predecessor to the Sponsor.
IESO-Controlled Grid
Means the IESO-Controlled Grid as defined by the Market
Rules.
Impact Assessment
Has the meaning given to it in the Energy Storage Facility
Agreement.
Include, Including, include,
including, e.g.
Mean including without limitation.
Individual Information
Session
Has the meaning given to it in Section 2.5.2.
kV
Means kilovolt.
LTEP
Has the meaning given to it in Section 1.1
Mandatory Requirements
Means, collectively, all of the requirements set out in Section
3.1.
Market Rules
Means the rules made under section 32 of the Electricity Act,
1998 (Ontario), as amended from time to time.
Material Deviation
Means a deviation from the Qualified Applicant’s or
Proponent’s obligations contained in this Energy Storage RFP
that, in the Discretion of the Sponsor (i) affects such party’s
or the Sponsor’s obligations or rights in any material way; (ii)
affects the obligations or rights of other Proponents or
Qualified Applicants under this Energy Storage RFP; or (iii)
results in a failure to satisfy a material component of any
requirement set out in this Energy Storage RFP.
Ministerial Direction
Has the meaning given to it in Section 1.1.
Ministry of Energy
Means the Ontario Ministry of Energy.
MW
Means megawatt.
Net Revenue Requirement or
NRR
Means the monthly revenue requirement expressed in
Canadian dollars per MW per month exclusive of HST,
payable by the Sponsor pursuant to the terms of the Energy
Storage Facility Agreement.
LEGAL_1:34053432.9
5
Appendix A – Glossary of Terms
Non-Collusion Requirements
Means requirements that a Qualified Applicant under the
Energy Storage RFP:
(a) not coordinate its Procurement Submission with any
other Qualified Applicant;
(b) keep and will continue to keep its Procurement
Submission confidential until the conclusion of the
Energy Storage RFP and selection of the Selected
Proposal(s), if any;
(c) ensure that no member of the Qualified Applicant has
entered into any agreement or arrangement with any
member of another Qualified Applicant which may
affect the Procurement Submission submitted by the
Qualified Applicant or the other Qualified Applicant;
and
(d) not engage in any activity or communication that results
in a Conflict of Interest, collusion or a violation of any of
the civil or criminal provisions of the Competition Act
(Canada).
OEB
Means the Ontario Energy Board or its successor.
Offer List
Means the list of Selected Proposals.
OPA
Means the Ontario Power Authority, a predecessor to the
Sponsor.
Period of Irrevocability
Has the meaning given in Section 2.7.5.
Permitted Purposes
Has the meaning given in Section 2.6.
Preliminary List
Has the meaning given in Section 3.2.2.
Prior Contract
Has the meaning given in Section 3.1.4.
Procurement Cost Limit
Means the amount, in $/month, that the Sponsor has
determined, in its Discretion, that the Total Procurement Cost
cannot exceed.
Procurement Submission
Has the meaning given to it in Section 2.7.1.
LEGAL_1:34053432.9
6
Appendix A – Glossary of Terms
Procurement Submission
Deadline
Means the date and time set out in the Schedule in Section 2.2
and referred to as the Procurement Submissions Deadline, or
such other time as may be set out in an Addendum.
Procurement Submission
Form
Means the form attached as Appendix C.
Proponent
Means the Qualified Applicant that has delivered a
Procurement Submission.
Proponent Team
Means, collectively, a Proponent and all entities and persons
(including equity providers named in the Proposal) involved
in the preparation of the Proposal(s) under this Energy
Storage RFP and/or required by the Proponent to successfully
implement its Proposal(s) for this Energy Storage RFP and to
comply with this Energy Storage Facility Agreement. For
greater certainty, members of the Proponent Team shall
include the Proponent and the Proponent’s technical, financial
and legal advisors, and any other person otherwise assisting
the Proponent in the preparation of its Proposal(s), but shall
not include any lenders or any technical or legal advisors to
such lenders.
Proposal
Means a proposal for an Energy Storage Facility made by a
Proponent under this Energy Storage RFP.
Proposal ID
Has the meaning given to it in Section 2.7.3.
Proposal Security
Means the financial security submitted with the Proposal as
described in Section 3.1.2.
Proposal Submission Label
Means the label attached as Appendix F.
Pumped Hydro
Means a type of Energy Storage Facility where energy is
stored by pumping water from a lower reservoir to an upper
reservoir of higher elevation.
Qualified Applicant
Means an applicant who has previously applied for and
received the designation from the Sponsor of “Qualified
Applicant” under the Energy Storage RFQ.
Qualified Energy Storage
Technology Class
Means, with respect to a Qualified Applicant, an Energy
Storage Technology Class for which such Qualified Applicant
who has previously applied for and received the designation
from the Sponsor of “Qualified Applicant” under the Energy
Storage RFQ.
LEGAL_1:34053432.9
7
Appendix A – Glossary of Terms
Question and Comment
Period
Means the time period specified in the Schedule in Section 2.2
for asking questions regarding this Energy Storage RFP.
Required Forms
Means Appendices C, D, E, F and G.
Reserve Price
Means the NRR that the Sponsor has determined, in its
Discretion, to be the maximum NRR that permits a Proposal
to be included on the Preliminary List.
S&P
Means the Standard and Poor’s Rating Group (a division of
McGraw-Hill Inc.) or its successors.
Schedule
Means the schedule set forth in Section 2.2.
Section
Means the section or subsection or paragraph or subparagraph
of this Energy Storage RFP as applicable.
Selected Proponent
Means a Proponent who has had one or more Proposals
accepted by the Sponsor, in accordance with Section 2.8.1 and
that becomes obligated to enter into the Energy Storage
Facility Agreement for each such selected Proposal, as
provided in this Energy Storage RFP.
Selected Proposal
Means a Proposal that has been accepted by the Sponsor and
for which an Energy Storage Facility Agreement is to be
entered into, pursuant to the terms of this Energy Storage
RFP.
Site
Means the real property on, over, in or under which an Energy
Storage Facility is to be situated, as such property is identified
in a Proposal.
Sponsor
Has the meaning given to it in Section 1.1.
Sponsor Website
Means that part of the website referenced as www.ieso.ca that
is dedicated to this Energy Storage RFP process.
Stages
Means any of Stage 1 or Stage 2.
Stage 1 – Mandatory
Requirements
Has the meaning given in Section 3.1.
Stage 2 – Economic Bid
Statement
Has the meaning given in Section 3.2.
LEGAL_1:34053432.9
8
Appendix A – Glossary of Terms
Station Service Loads
Means energy consumed to power the on-site maintenance
and operation of storage facilities but excludes energy
consumed in association with activities which could be ceased
or moved to other locations without impeding the normal and
safe operation of the Energy Storage Facility and energy
stored for future Delivery that is separately-metered by the
Local Distribution Company or the IESO, pursuant to the
Market Rules.
Step 1
Means the meaning given in Section 3.2.1.
Step 2
Means the meaning given in Section 3.2.1.
Supplier
Means a Selected Proponent who has executed and delivered
to the Sponsor the Energy Storage Facility Agreement and
other closing documents required pursuant to Section 2.8.1..
System Operator
Has the meaning given to it in Section 1.1.
Technical Information
Session
Has the meaning given to it in Section 2.5.1.
Technical Questionnaire
Means the Technical Questionnaire contained in Appendix E.
Term
Means the 10-year term of, and as defined in, the Energy
Storage Facility Agreement.
Total Procurement Cost
Means the amount, in $/month, calculated as the sum of the
Contract Capacity multiplied by the corresponding NRR of all
Proposals on the Offer List at any point in time.
Transmission System
Means a system for conveying electricity at voltages of more
than 50 kV and includes any structures, equipment or other
things used for that purpose.
Transmitter
Means a person licensed as a “transmitter” by the OEB in
connection with a Transmission System.
Withdraw
Has the meaning ascribed to it in the Energy Storage Facility
Agreement.
Withdrawal Request Form
Means the corresponding form found on the Sponsor Website
which a Qualified Applicant may complete and submit to the
Sponsor to request the withdrawal of a Qualification
Submission.
LEGAL_1:34053432.9
9
Appendix A – Glossary of Terms
LEGAL_1:34053432.9
10