Alabama Power RFP
September 27, 2016
To Whom It May Concern:
Alabama Power Company (“Alabama Power” or “Company”) hereby announces the 2016 Request for
Proposals (“RFP”) for renewable or environmentally specialized energy resources (“RFP resources”). This RFP
is being issued consistent with the authorization granted to Alabama Power by the Alabama Public Service
Commission ("APSC"), by order dated September 16, 2015 in Docket No. 32382 (“September 16 Order”).
Qualifying proposals submitted through this RFP will afford Alabama Power an opportunity to review market
offerings of RFP resources and determine whether there are economic and viable energy projects suitable for
pursuit consistent with the requirements of the September 16 Order.
This RFP contains the guidelines and requirements for submitting proposed projects. In general:
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A project must meet the criteria for a “renewable” or “environmentally specialized” generating
resource, as set forth in the September 16 Order.
A project must be at least 5 MWac but not greater than 80 MWac in size and be operated as a certified
Qualifying Facility.
o Alabama Power will accept proposals for turnkey projects as well as for power purchase
agreements (“PPA”) for renewable or environmentally specialized energy generation resources.
For PPA projects, Alabama Power must receive all of the environmental attributes.
A project must be located in the state of Alabama and must be interconnected with Alabama Power’s
electric system (either transmission or distribution).
The pricing submitted under each proposal should include those costs associated with project facilities
up to the point where such facilities will connect to the interconnection facilities to be constructed
and owned by Alabama Power (i.e., the point of change in ownership).
After proposals are submitted, for each project, Alabama Power will determine the facilities and
upgrades needed to interconnect the project to Alabama Power’s electric system and to ensure the
reliable delivery of energy to Alabama Power. The costs associated with such facilities and upgrades
will be taken into account in Alabama Power’s evaluation, and Alabama Power will assign
responsibility for such costs after evaluations are completed.
Each proposal must include the applicable non-refundable bid fee as set forth in the RFP.
A project, including a bidder’s development and proposal of a project, must comply with all applicable
federal, state, and local laws and regulations. All federal, state, and local approvals, permits, licenses,
and associated fees or other costs will be the responsibility of the bidder for the entire term of the
proposal. This includes any rezoning, land-use permits, and other discretionary approvals that may
be required.
Complete details regarding this RFP, including the schedule for notice and submission, associated forms and
instruments, frequently asked questions and points of contact, are set forth in greater detail herein. Alabama
Power appreciates your interest in this RFP and thanks you in advance for your time.
Sincerely,
Director of Forecasting and Resource Planning
Enclosures:
RFP with Attachments
Alabama Power RFP
Request for Proposals
September 27, 2016
Forecasting and Resource Planning
Alabama Power Company
600 North 18th Street
Birmingham, AL 35203
Alabama Power RFP
September 27, 2016
TABLE OF CONTENTS
General Information ..............................................................................................2
Definition of Renewable Energy Resources and
Environmentally Specialized Generating Resources ................................................4
Confidentiality .......................................................................................................5
Communications .....................................................................................................5
Power Purchase Agreements ..................................................................................6
Turnkey Projects .....................................................................................................8
Interconnection Guidance ....................................................................................10
Target Solicitation Schedule ..................................................................................11
Bid Evaluation Fee ................................................................................................11
“Notice of Intent to Bid” Submittal Process ..........................................................12
RFP Submittal Process...........................................................................................13
Attachments
Attachment A: Frequently Answered Questions ......................................................................................................... 14
Attachment B: Non-Price and Other Qualitative Considerations ................................................................................ 17
Attachment C: Power Purchase Agreement – General Terms and Conditions ........................................................... 18
Attachment D: Engineering, Procurement, and Construction Agreement – General Terms and Conditions ............. 24
Attachment E: Power Purchase Agreement – “Notice of Intent to Bid” Forms .......................................................... 30
Attachment F: Turnkey Project – “Notice of Intent to Bid” Forms .............................................................................. 40
Attachment G: Power Purchase Agreement – RFP Forms ........................................................................................... 51
Attachment H: Turnkey Project – RFP Forms .............................................................................................................. 66
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Alabama Power RFP
September 27, 2016
General Information
Alabama Power Company (“Alabama Power” or “Company”) is issuing this 2016 Request for Proposals
(“RFP”) for renewable or environmentally specialized energy resources (“RFP resources”) consistent with
the authorization granted the Company by the Alabama Public Service Commission ("APSC") by order
dated September 16, 2015 in Docket No. 32382 (“September 16 Order”). This RFP will afford Alabama
Power an opportunity to review market offerings of RFP resources and determine whether there are
economic and viable energy projects suitable for pursuit consistent with the requirements of the
September 16 Order.
For a proposal to merit full consideration by the Company and the pursuit of regulatory approval
consistent with the requirements of the September 16 Order, it must present the opportunity for
exceptional value to the Company’s customers, in the form of lower energy costs and other economic
benefits. In furtherance of the Company’s goal of matching, as reasonably as possible, renewable supply
resources with customer needs, the Company is interested in both proposals for turnkey Engineering,
Procurement, and Construction Agreements (“EPC Agreements”) as well as power purchase agreements
(“PPA”) for new generation resources that are located in the state of Alabama and connected directly to
the Company’s electric system.
The pricing submitted under each proposal should include all costs associated with project facilities up to
the point where they will connect to the interconnection facilities to be constructed and owned by
Alabama Power (i.e., the point of change in ownership). After a proposal is submitted, Alabama Power
will conduct its evaluation, taking into account the total costs and other non-quantitative considerations.
Total costs shall include (without limitation) energy prices submitted with the proposal and any other
interconnection, transmission, distribution, and ancillary service costs that would be associated with the
resource. Alabama Power will assign responsibility for interconnection and transmission costs after
evaluations of proposals are completed. Non-quantitative considerations may include (without
limitation) those set forth in Attachment B located at the end of this RFP. All proposed resources must
satisfy the criteria for a “renewable resource” or an “environmentally specialized generating resource,”
which is defined in the following section. Also, the Company must receive all associated environmental
attributes for the resource, as the Company will have the rights to sell such environmental attributes
(including renewable energy certificates, or RECs) to third parties, separately or bundled together with
energy from the facility or elsewhere.
Each proposal should assume that any PPA or EPC Agreement entered into by Alabama Power would
include the terms and conditions set forth in Attachment C and Attachment D, respectively. Alabama
Power reserves the right, however, to require other terms and conditions that are different than, or in
addition to, those terms and conditions set forth in Attachment C and Attachment D. Any exceptions or
modifications of a bidder to the terms and conditions set forth in Attachment C and Attachment D will
affect the value of the bidder’s proposal.
Nothing in this RFP or in the associated materials provided should be considered an offer or acceptance
of terms or conditions of a PPA, an EPC agreement, an interconnection agreement, or any other contract
or business arrangement. Any proposal that does not satisfy the requirements of this RFP may be
considered nonresponsive, and the Company reserves the right to reject any such proposal without
opportunity for correction or cure. The Company may, but is under no obligation to, contact any bidder
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Alabama Power RFP
September 27, 2016
to obtain additional information regarding its proposal. Each bidder who submits a proposal(s) in
response to this RFP waives any and all right of recourse against the Company, its parent, and any of their
affiliates for either rejection of the proposal or for failure to execute an agreement with the bidder for
any reason.
All costs related to each bidder’s preparation of a response to this RFP are the sole responsibility of the
bidder. The Company will not reimburse or be held responsible for costs associated with any bidder’s
proposal in response to this RFP.
A bidder’s submission of a proposal to the Company shall constitute that bidder’s acknowledgement and
acceptance of all the terms, conditions, and requirements of this RFP. All proposals submitted shall
become the exclusive property of the Company and may be used by the Company for any reasonable
purpose.
The Company shall have no obligation or liability to any bidder unless and until an agreement with such
bidder has been successfully negotiated, fully executed, and all conditions to the effectiveness of such
agreement are satisfied. The Company reserves the right, in its sole discretion, to determine whether to
pursue negotiation and execution of any agreement with any bidder. Further, any agreement shall be
subject to all requisite management approvals of the Company as well as approval by the APSC in a form
suitable to the Company, in its sole discretion.
As stated above, the purpose of this RFP is to solicit proposals for RFP resources in order to determine the
most economic and viable energy projects available to the Company. Proposals submitted pursuant to
this RFP will be evaluated in whatever manner the Company deems appropriate, including (but not limited
to) on a like-kind basis against each other (independent of technology type) and against other power
supply options that may be available to the Company. Such other power supply options may include
generation resources owned or developed by the Company, other generation resources located in the
service territories of the Company and its affiliates, and other proposals for renewable generation that
are provided to the Company outside of this RFP process. The Company is under no obligation to select
any project, nor is the Company limited to choosing from the resources submitted in response to this RFP.
The Company may determine in its sole discretion to exclusively procure renewable resources outside of
this RFP process, or to defer the pursuit of any resources, through proposals identified in this RFP or
otherwise, until a future date determined by it.
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Alabama Power RFP
September 27, 2016
Definition of Renewable Energy Resources and
Environmentally Specialized Generating Resources
For a proposed project to be considered under this RFP, the generation resource must be either a
renewable resource1 or an environmentally specialized generating resource.
An eligible renewable resource is a resource that generates electricity through the use of a renewable fuel
source or as a byproduct of another manufacturing or processing function that uses a renewable fuel
resource as an input stock. Examples of eligible resources are:
- Solar
- Wind
- Geothermal
- Tidal or ocean current
- Low-impact hydro
- Gas derived from sewage treatment processes
- Gas derived from solid municipal waste or landfill projects
- Hydrogen sourced from renewable resources
- Biomass materials and/or gases derived from biomass materials: 2
o Wood wastes
o Agricultural wastes or residues
o Dedicated crop production
o Animal by products
o Spent pulping liquors or other by-products from the kraft or pulping process
An eligible environmentally specialized generating resource is a resource that promotes environmental or
other efficiencies, such as combined heat and power.
1
See Section 40-18-1(30), Code of Alabama (1975).
2
Biomass or other materials or resources produced or derived from unauthorized or unlawful removal or destruction
of state or federally protected forests, lands, wetlands, or any other protected lands will not be considered eligible
renewable fuel resources.
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Alabama Power RFP
September 27, 2016
Confidentiality
Participation in this RFP is conditioned on the execution of a standard Confidentiality Agreement, a copy
of which is being provided for each category of proposal being solicited.
Communications
Prior to the “Notice of Intent to Bid” deadline of October 14, 2016, all communications to the Company
regarding the RFP should be submitted to G2APCMRERFP@southernco.com .
All non-repetitive questions (along with the appropriate responses) will be added to “Attachment A:
FAQs” in the RFP document and to the FAQs document located on the RFP webpage
( http://www.alabamapower.com/environment/renewable-energy/rfp.asp). This will allow all
interested parties to have access to the information provided.
After the “Notice of Intent to Bid” deadline, RFP communications may be submitted to
G2APCMRERFP@southernco.com. All questions (along with the appropriate responses) will be posted in
a general folder located on a SharePoint site. The SharePoint site will be made available only to bidders
who have submitted the required “Notice of Intent to Bid” forms. Alabama Power will allow up to a
maximum of three individuals who can have access to their respective company’s project folder(s) and
the general folder located on the SharePoint site. The contact information for these individuals must be
included in the required NOI forms.
Information regarding access to the SharePoint site will be provided to the specified contact(s) for the
qualified bidders after the “Notice of Intent to Bid” deadline.
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Alabama Power RFP
September 27, 2016
Power Purchase Agreements (PPA)
For a PPA proposal bid to be complete, the following forms must be included in the bid.
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General Information
Operational Information
Production Profile (“8760”)
Interconnection Information Summary
PPA Bid Price
Other Considerations
Examples of these forms are available in Attachment G of this document, and electronic versions of these
forms will be in the general folder of the SharePoint site that will be made available to the bidders who
have submitted the required “Notice of Intent to Bid” forms.
Specifics about each form are provided below.
“General Information”
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All proposed resources must satisfy the criteria for a renewable resource or an environmentally
specialized generating resource, as described on Page 4 of this document.
The operational date of the project should be targeted for March 31, 2019 or earlier.
The requested term is 10 or 25 years. The bidder has the option to submit pricing for one or both.
“Operational Information”
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The nameplate capacity must be at least 5 MWac and no greater than 80 MWac.
A legal description of the land being used for the project must be included.
Supporting documentation must be provided to describe the nature of the possession of the
real property at the time of construction as either fee simple ownership or lease (e.g., copy of
option contract; copy of deed; copy of lease agreement).
“Production Profile”
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A delivered production profile in an 8760 format (365 days x 24 hours), in Central Standard Time
(CST) must be included in the proposal in order for it to be considered.
At no time should the expected energy output exceed the proposed maximum capacity of the
facility. If so, the profile will be subject to adjustments. For example, at no time can the expected
energy output of an 80 MWac facility be greater than 80 MWac.
“Interconnection Information Summary”
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The proposed generation resources must be located in the state of Alabama and must
interconnect with the Company’s electric system.
For each project, Alabama Power will determine the facilities and upgrades (and associated costs)
needed on its side of the point of change in ownership in order to interconnect the project to
Alabama Power’s system, including the cost of metering. Such costs will be taken into account in
Alabama Power’s evaluation. After a proposal has been evaluated, Alabama Power will determine
how responsibility for such costs should be assigned between the parties.
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Alabama Power RFP
September 27, 2016
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For each project, the project bidder must provide the real estate that would be required for the
location of facilities and upgrades required for interconnection. This needs to be included in the
price.
In addition to determining facilities and upgrades required for interconnection beyond the point
of change in ownership, an important consideration in the evaluation of proposals will be whether
there is adequate transmission and/or distribution capability to deliver the energy of a proposed
project from the proposed point of interconnection to Alabama Power on a reliable basis. The
costs of any modifications to the transmission and/or distribution system in order to reliably
deliver energy to Alabama Power will be taken into account in Alabama Power’s evaluation.
“PPA Bid Price”
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Alabama Power will only evaluate proposals that are priced on a delivered energy basis. No
proposal should include capacity or other payments.
Each proposal should be priced in nominal $/MWh.
The proposed prices should include all costs associated with the proposed project up to the point
where the project facilities will connect to the interconnection facilities to be constructed and
owned by Alabama Power (i.e., the point of change in ownership), including but not limited to
energy, construction costs, variable and fixed operations and maintenance costs, all associated
renewable and environmental attributes, costs associated with delivering energy to the
Company’s transmission or distribution system, and expected return or mark-up on the project.
Each project must comply with all of the applicable federal, state, and local laws and regulations.
All federal, state, and local approvals, permits, licenses, and environmental regulations and
associated fees or other costs are the responsibility of the bidder for the entire term of the
proposal. This includes any rezoning, land-use permits, and other discretionary approvals that
may be required by the local, state, or federal governments.
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Alabama Power RFP
September 27, 2016
Turnkey Projects
For a turnkey proposal bid to be complete, the following forms must be included in the bid.
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General Information
Facility Information
Land Information
Production Profile (“8760”)
Interconnection Information Summary
Turnkey Bid Price
Other Considerations
Examples of these forms are available in Attachment H of this document, and electronic versions of these
forms will be in the general folder of the SharePoint site that will be made available to the bidders who
have submitted the required “Notice of Intent to Bid” forms.
Specifics about each form are listed below.
“General Information”
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All proposed resources must satisfy the criteria for a renewable resource or an environmentally
specialized generating resource, as described on Page 4 of this document.
The operational date of the project should be targeted for March 31, 2019 or earlier.
“Facility Information”
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The nameplate capacity must be at least 5 MWac and no greater than 80 MWac.
The facility cannot be designed to generate an expected energy output (MWh) at any time
greater than the output of the proposed maximum capacity for any hour.
“Land Information”
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A legal description of the land being used for the project must be included.
Supporting documentation must be provided to describe the nature of the possession of the
real property at the time of construction as either fee simple ownership or lease (e.g., copy of
option contract; copy of deed; copy of lease agreement).
All documentation that is currently available for the real property must be provided (e.g., Title
insurance / Commitment, Title Abstract, ALTA Survey, Boundary and/or Topographic Survey,
Phase 1 Environmental Assessment, Wetland delineations, Threatened & Endangered Species
report, and Geotechnical Analysis).
Any of the above documentation that becomes available at a later date should be supplied at
that time.
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Alabama Power RFP
September 27, 2016
“Production Profile”
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A delivered production profile in an 8760 format (365 days x 24 hours), in Central Standard Time
(CST), must be included in the proposal for it to be considered.
At no time should the expected energy output exceed the proposed maximum capacity of the
facility. If so, the profile will be subject to adjustments. For example, at no time can the expected
energy output of an 80 MWac facility be greater than 80 MWac.
“Interconnection Information Summary”
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The proposed generation resource must be located in the state of Alabama and must be
interconnected with the Company’s electric system.
For each project, Alabama Power will determine the facilities and upgrades (and associated costs)
needed on its side of the point of change in ownership in order to interconnect the project to
Alabama Power’s electric system, including cost of metering. The costs of such facilities and
upgrades will be taken into account in Alabama Power’s evaluation.
For each project, the project bidder must provide the real estate that would be required for the
location of facilities and upgrades required for interconnection. This needs to be included in the
price.
In addition to determining facilities and upgrades required for interconnection beyond the point
of change in ownership, an important consideration in the evaluation of proposals will be whether
there is adequate transmission and/or distribution capability to deliver the energy of a proposed
project from the proposed point of interconnection to Alabama Power on a reliable basis. The
costs of any modifications to the transmission and/or distribution system in order to reliably
deliver energy to Alabama Power will be taken into account in Alabama Power’s evaluation.
“Turnkey Bid Price”
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Each proposal should be priced in nominal dollars.
The proposed prices must include all costs associated with the project up to the point where the
project facilities will connect to the interconnection facilities to be constructed and owned by
Alabama Power (i.e., the point of change in ownership) including but not limited to engineering,
construction, equipment, insurance, and land.
Each project must comply with all of the applicable federal, state, and local laws and regulations.
All federal, state, and local approvals, permits, licenses, and environmental regulations and
associated fees or other costs are the responsibility of the bidder. This includes any rezoning,
land-use permits, and other discretionary approvals that may be required by the local, state, or
federal governments.
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Alabama Power RFP
September 27, 2016
Interconnection Guidance
Proposed resources will interconnect to either the transmission or the distribution system of Alabama
Power.
Bidders are responsible for submitting requests to interconnect their generation resources and to obtain
all relevant information regarding the interconnection process. Additional information on the
interconnection process, including a list of appropriate Company contact(s), will be shared with bidders
who have completed the “Notice of Intent to Bid” (“NOI”) submittal process.
Bidders who submitted the required NOI forms can ask general questions about the interconnection
process by emailing the questions to G2APCMRERFP@southernco.com. If a bidder has a site-specific
question about the interconnection process, the bidder can email the question to
G2APCMRERFP@southernco.com with a subject line of “Interconnection Process.”
The submission of a proposal in response to this RFP does not constitute an interconnection request.
Interconnection requests must be submitted to the Company pursuant to the applicable interconnection
process. Additional costs associated with submitting an interconnection request may apply. All such costs
are the bidder’s sole responsibility.
Bidders selected for the “short list” must promptly submit all required interconnection requests, to the
extent not already submitted, in order to remain eligible for further consideration under this RFP.
Allowing sufficient lead time for study of an interconnection request and for construction of the required
interconnection facilities and upgrades is critical to meeting any target in-service date.
Each short list bidder shall provide all relevant information regarding the status of its interconnection
request(s), including the interconnection facilities that will be required to interconnect the proposed
resource and the costs to interconnect. The Company shall be entitled to make inquiries from time-totime in order to obtain such information.
A bidder who enters into a PPA with the Company will be required to be certified as a Qualifying Facility
under PURPA and must sell all of the resource’s output to the Company. Each such bidder will be required
to enter into a Company interconnection agreement, which carries a monthly administration fee of
$5,000. This monthly fee does not vary with project size and is applicable to any bidder proposing a PPA
with the Company. This fee should be considered in the bidder’s pricing.
In addition to facilities and upgrades required for interconnection beyond the point of change in
ownership, an important consideration in the evaluation of proposals will be whether there is adequate
transmission and/or distribution capability to reliably deliver the energy of a proposed project from the
proposed point of interconnection to Alabama Power for its use. Therefore, the Company, or a designated
agent of the Company, will conduct assessments, as appropriate, to determine the costs of any
modifications to the transmission and/or distribution system that are necessary to deliver energy from a
proposed resource in order for them to be appropriately considered in the bid evaluation.
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Alabama Power RFP
September 27, 2016
Target Solicitation Schedule
Date
September 27, 2016
October 14, 2016
November 15, 2016
March 10, 2017
Event
RFP documents issued.
“Notice of Intent to Bid” and associated forms MUST be received by 6:00 pm CDT.
Proposals MUST be received by 6:00 pm CST.
Short-listed bidders notified. Interconnection agreements requests must be submitted by
this time, if not earlier.
The Company reserves the right to revise or suspend this schedule at its sole discretion. If schedule
changes occur, the Company will notify affected bidders through the website and the email distribution
list.
Bid Evaluation Fee
For each project submitted, there will be a nonrefundable bidder evaluation fee of $5,000.
- If the same project is being submitted with a change to the business arrangement, the additional
proposal must have a separate bid evaluation fee of $2,500.
- If a PPA project is being proposed and there is only a contract term change (i.e., 10 versus 25
year), no additional bid evaluation fee is required.
A separate “Notice of Intent to Bid” form also must be submitted for each version of the project, whether
or not there is a separate bid evaluation fee. This will allow for the individual project folders in the
SharePoint site to be set up properly.
Electronic payment for the bid evaluation fee is to be made to Alabama Power through:
Wells Fargo Bank
Minneapolis, MN
ABA # 121000248
Alabama Power Company
Acct # 2000700001006
Reference: RFP (Company name and the name of the project)
The bid is not complete and will not be evaluated unless the appropriate bid evaluation fee has been
received by the RFP deadline of 6:00 pm CST on November 15, 2016.
11
Alabama Power RFP
September 27, 2016
“Notice of Intent to Bid” (“NOI”) Submittal Process
1. All bidders must complete the forms listed below for the proposed project. These forms are
available in a hardcopy format in Attachment E and Attachment F at the end of this RFP document or
in a pdf format located on the Alabama Power website, as follows:
http://alabamapower.com/environment/renewable-energy/rfp.asp
For a PPA proposed project
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NOI Form
Contractor Compliance Background Certification Form
Bidder’s Questionnaire
Confidentiality Agreement
Contact(s) for SharePoint Site Access
For a Turnkey proposed project
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NOI Form
Contractor Compliance Background Certificate Form
Contractor Statistical Data (Employee Modification Rate or EMR)
Bidder’s Questionnaire
Confidentiality Agreement
Contact(s) for SharePoint Site Access
2. If a bidder is submitting more than one proposal, one NOI form must be submitted for each proposal.
This includes every version of the same project that is being proposed. Only one submission of the
other required forms is necessary for each bidder unless the information on the other required forms
varies among the project(s) submitted.
3. The required forms must be sent by 6:00 pm CDT on October 14, 2016 by either emailing them using
the following email address: G2APCMRERFP@southernco.com or by sending a paper copy of the
required forms through registered mail, addressed as follows:
David Brand
Forecasting & Resource Planning
600 North 18th Street / 6N-0603
Birmingham, AL 35203
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Alabama Power RFP
September 27, 2016
RFP Submittal Process
All bidders who have completed the NOI submittal process will receive instructions via email on how to
access the required RFP bid documents from the SharePoint site. Instructions will also be included on
how to upload these documents to the SharePoint site.
The SharePoint site will contain a private folder for each project that the bidder is proposing, as well as a
general folder that will contain the required RFP documents in electronic format and a Frequently Asked
Questions (FAQ) document.
If a bidder has any questions after the NOI deadline, they are to be submitted to the general email address
G2APCMRERFP@southernco.com. The non-repetitive questions and the answers will be posted in the
FAQ document in the general folder so that the information will be available to all bidders.
Within one week after the NOI deadline, the instructions to the SharePoint site will be sent to all bidders
who submitted the required NOI forms. Only those bidders who provided all of the required NOI forms
will receive the instructions.
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Alabama Power RFP
September 27, 2016
Attachment A: Frequently Asked Questions
1. What types of renewable energy projects will be considered? The projects must use either a
renewable energy resource or an environmentally specialized generating resource as defined below.
- Environmentally specialized generating resource - a resource that promotes environmental or
other efficiencies, such as combined heat and power
- Renewable energy resources - include those types of resources identified in Section 40-18-1(30),
Code of Alabama (1975). These resources generate electrical energy from one of two methods: the
direct generation of electrical energy through the use of a renewable fuel resource or the generation
of electrical energy as a byproduct of another manufacturing or processing function that uses a
renewable fuel resource as an input stock.
Renewable energy resources:
- Solar
- Wind
- Geothermal
- Tidal or ocean current
- Low-impact hydro
- Gas derived from sewage treatment processes
- Gas derived from solid municipal waste or landfill projects
- Hydrogen sourced from renewable resources
- Biomass materials and/or gases derived from biomass materials:1
o Wood wastes
o Agricultural wastes or residues
o Dedicated crop production
o Animal by products
o Spent pulping liquors or other by-products from the kraft or pulping process
1
Biomass or other materials or resources produced or derived from the unauthorized or unlawful removal or destruction of
state or federally protected forests, lands, wetlands, or any other protected lands will not be considered eligible renewable
fuel resources.
2. What size of project can be proposed? The projects must be at least 5 MWac but no greater than 80
MWac in size.
3. Where must projects be located? Projects proposed under the RFP must be located in the state of
Alabama and interconnected with Alabama Power’s electric system.
4. When must the projects be operational? The operational date of a project should be targeted for
March 31, 2019 or earlier.
5. Can the power from these projects be "behind the meter" at a customer location? No. Each
proposed project must be connected directly to Alabama Power’s electric system.
6. Is there a benefit for the bidder to have a customer aligned with their bid? No. Alabama Power
prefers to use its own resources and relationships to identify interested customers and structure
Attachment A: Frequently Asked Questions
14
Alabama Power RFP
September 27, 2016
arrangements to accommodate that interest. A structure set up between the Company and an
interested customer might vary greatly from what a bidder might propose.
7. Is there a limit to the number of proposals one company can submit? No. There is no limit on the
number of proposals from an entity; however, separate bid evaluation fees may be required for each
proposal (see “Bid Evaluation Fee”). Regardless of the fee requirement, a separate “Notice of Intent
to Bid” form must be submitted for each proposal.
8. Will APC make capacity payments? No. Payments will only be made for delivered energy
component.
9. What is the Bidder's fee for a project submittal? For each project submitted, there will be a
nonrefundable bidder evaluation fee of $5,000. If the same project is being submitted with a change
to the business arrangement, the additional proposal must have a separate bid evaluation fee of
$2,500. However, if a PPA project is being proposed and there is only a contract term change (i.e.,
10 versus 25 year), no additional bid evaluation fee is required.
Electronic payment for the bid evaluation fee is to be made to Alabama Power through:
Wells Fargo Bank
Minneapolis, MN
ABA # 121000248
Alabama Power Company
Acct # 2000700001006
Reference: RFP (and the name of the project)
10.
11.
12.
13.
The bid is not complete and will not be evaluated unless the appropriate bid evaluation fee has been
received by the RFP deadline of 6:00 pm CST on November 15, 2016.
When is the best time to submit an interconnection study request?
While an interconnection study request will not be required until a short list is determined, there is a
potentially long study time and construction lead time that could impact the commercial operation
date of a project. Process steps for submitting an interconnection request will be made available to
the bidders who have met the “Notice of Intent to Bid” deadline through the posting of documents
on the SharePoint site.
Will the environmental attributes associated with the project, such as Renewable Energy
Certificates (RECs), be handled separately or as a part of the project proposal? Alabama Power will
receive all of the environmental attributes generated from the project as a part of the PPA or EPC
agreement. Accordingly, there will be no separate arrangements with respect to such attributes. In
addition, Alabama Power will have the rights to sell RECs to third parties, separately or bundled
together with energy from the project or elsewhere.
Will a value for RECs be considered as part of Alabama Power’s economic evaluation of the project
price proposal? No. Currently there are no renewable state mandates or goals applicable to Alabama
Power. As such, Alabama Power will not place a specific monetary value on RECs in the evaluation of
proposals submitted in response to this RFP.
What should the price of the project include? The proposed project price (both PPA and turnkey)
should include the land and facilities associated with the project up to the point where such facilities
will connect to the interconnection facilities to be constructed and owned by Alabama Power (i.e., the
point of change in ownership) and, as applicable, any land on which interconnection facilities to be
Attachment A: Frequently Asked Questions
15
Alabama Power RFP
September 27, 2016
14.
15.
16.
17.
owned by Alabama Power would be located. This price should include all ongoing operation and
maintenance costs for the project facilities, up to the point of change in ownership, including the
monthly administration fee under the interconnection agreement (applicable to bidders proposing a
PPA with the Company) for the term of that agreement.
Will there be an opportunity later to change the price offered? No. The best price should be
submitted by the proposal deadline.
Will the evaluation process consider an energy profile that exceeds in any given hour the proposed
maximum capacity? No. For any given hour that the energy profile exceeds the proposed maximum
capacity, the energy for that hour will be limited to the maximum capacity.
Will evaluation details such as avoided costs and proposal rankings be made available? No. These
items are considered confidential and will not be provided to the bidders or to the public.
Will affiliates of Alabama Power or Southern Company be allowed to participate in the RFP? No.
This RFP is open only to entities unaffiliated with Alabama Power and Southern Company.
Additional questions must be submitted prior to October 14, 2016 to the following email address:
G2APCMRERFP@southernco.com.
Any non-repetitive questions and Alabama Power’s answers will be added to this Attachment A and
posted in a timely manner before October 14, 2016 and made available to all interested parties.
Attachment A: Frequently Asked Questions
16
Alabama Power RFP
September 27, 2016
Attachment B: Non-Price and Other Qualitative Considerations
Although the majority of the evaluation will focus on price and reliability considerations, other
qualitative and non-price attributes will be considered. Examples of these attributes include:
Bidder Qualifications
* Financial strength of company making proposal
* Financing structure of project (project financed, non-recourse, etc.)
* Security provided to purchaser
* Bidder experience
Environmental Impacts
* Particulate and air emissions
* Land use and wildlife impacts
Resource Attributes
* Availability of resource (with emphasis on fuel supply plan, as applicable)
* Status of necessary elements for the project (e.g., equipment orders; leases/options for land, etc.)
Other
* Supplier diversity
* Award recipient
* Economic development (e.g., use of labor and/or manufacturing)
* Reasonableness/feasibility of the development schedule, including interconnection
* Potential for electric system reliability risks (e.g., excessive harmonics)
Attachment B: Non-Price and Other Qualitative Considerations
17
Alabama Power RFP
September 27, 2016
Attachment C: Power Purchase Agreement – General Terms
and Conditions
Any Power Purchase Agreement (“PPA”) between the Bidder and the Company will contain
provisions that incorporate the following terms and conditions, in addition to other terms and conditions
that may be required by the Company. The Company reserves the right to modify these terms and
conditions, or to require additional terms and conditions, at any time in its sole and absolute discretion.
The PPA and contract provisions incorporating these terms and conditions will be provided to certain
qualified bidders if selected by the Company at a later date. It should be noted, however, that neither the
results of the RFP evaluation nor a Bidder’s ranking relative to other bidders ensures that the Company
will enter into a PPA with a Bidder or that any executed PPA will be approved by the Alabama Public
Service Commission.
RFP Resources
The Facility
The “Facility” from which energy will be provided under the PPA will be defined as the electric
generating facility(ies) designated by the Bidder to provide energy to the Company utilizing only
renewable fuel resources. The Facility will include all land, rights-of-way, auxiliary equipment and
facilities necessary or used for the production, control, delivery or monitoring of electricity
produced on the site by such electric generating facility(ies). The Facility must be located in the
State of Alabama and interconnected with Alabama Power’s electric system (either transmission
or distribution).
Permits and Approvals
The Bidder will be responsible, at its sole cost and expense, for all permits and approvals required
for the development, construction, ownership, operation, and maintenance of the Facility.
Meteorological Stations
The Facility must also include meteorological stations at the site, as required by the Company.
New Facilities
For new Facilities, the PPA will incorporate the following:
Development and Construction
The Bidder shall be responsible, at its sole cost and expense, for the design, engineering,
construction, testing and commissioning of the Facility. The PPA will provide the Company the
right to inspect and observe all aspects of development and construction.
Milestones
The Bidder will be required to demonstrate the achievement of certain development milestones
to be set forth in the PPA (e.g., project financing, commencement of construction, obtaining all
required permits, interconnection). If such milestones are not achieved by specified dates, the
Bidder will be required to pay liquidated damages as specified in the PPA. In the case of extended
Attachment C: PPA - General Terms and Conditions
18
Alabama Power RFP
September 27, 2016
delays, the Company will have the right to terminate the PPA and collect additional liquidated
damages from the Bidder.
Delays in Commercial Operation
In the event that the Facility does not achieve Commercial Operation by a Required Commercial
Operation Date to be set forth in the PPA, the Bidder will be required to pay liquidated damages
as specified in the PPA. If Commercial Operation is further delayed for an extended period to be
set forth in the PPA, the Company shall be entitled to terminate the PPA and collect additional
liquidated damages from the Bidder.
Provision of Energy, Electrical Products, and Environmental Attributes
Service Term
The service term of the PPA will be either 10 years or 25 years.
Contract Energy and Electrical Products
The PPA will provide the Company with exclusive rights to all energy and electrical products
produced by the Facility (including all ancillary and essential reliability services such as reserves,
reactive power, frequency support, and ramping capability).
Environmental Attributes
The Company shall be entitled to all environmental attributes produced by the Facility that may
exist presently or at any time in the future, including all fuel-related, emissions-related, air qualityrelated and other environmental-related aspects, claims, characteristics, benefits, credits,
reductions, offsets, savings, allowances, certificates, tags, attributes or similar products or rights,
whether or not the same qualify for application toward compliance with any local, state, federal
and/or international renewable energy portfolio standard, green pricing program or other
renewable energy mandate or objective (including without limitation the Clean Power Plan).
The Bidder shall be responsible, at its sole cost and expense, for certifying, registering and
verifying the environmental attributes as directed by the Company (including certification by
Green-e).
The Bidder shall bear all costs associated with transferring the environmental attributes to the
Company, including all costs associated with uploading such attributes to applicable accounts,
registries, and tracking systems.
Energy Payments
The PPA will set forth a price (in $/MWh) to be paid for energy actually delivered to the Company
at the delivery point(s). The Company will not make any capacity payments under the PPA. The
energy payments shall be the exclusive compensation to the Bidder for all energy, electrical
products and environmental attributes provided under the PPA.
Delivery Point(s)
The delivery point(s) for energy generated by the Facility shall be determined by the Company
through a transmission or distribution evaluation based on the location of the Facility.
Attachment C: PPA - General Terms and Conditions
19
Alabama Power RFP
September 27, 2016
Energy Forecasts and Information
The Bidder will be required to provide energy production forecasts, as well as other information
regarding energy production and site conditions, as set forth in the PPA. Such information will
include all data obtained from weather stations required to be installed at the Facility site under
the PPA.
Facility Outages
The Bidder will provide the Company with annual schedules for planned outages, as set forth in
the PPA. Such planned outage schedules shall be subject to the prior approval of the Company.
Curtailments
The Company shall be entitled to curtail the production of energy from the Facility for the
following reasons, and shall not be required to purchase or make payment for any energy so
curtailed:
(i)
(ii)
(iii)
(iv)
(v)
an emergency condition;
the interruption, curtailment or unavailability of transmission or distribution capability;
a Force Majeure Event;
scheduled or unscheduled maintenance of transmission or distribution facilities; and
interruptions, curtailments, or disconnections pursuant to the interconnection
agreement.
In addition, the Company shall be entitled to curtail the production of energy for other operational
reasons in the Company’s sole discretion (“Other Operational Curtailments”). If there are more
than twenty (20) hours of such Other Operational Curtailments during a given contract year, the
Company will compensate the Bidder for the energy that was so curtailed beyond that twenty (20)
hour threshold.
Annual Energy Threshold
In the event that the Bidder fails to deliver, in any given contract year, an amount of energy at
least equal to an Annual Energy Threshold (to be set forth in the PPA), the Bidder will pay the
Company a “Production Performance Adjustment” for the shortfall.
Minimum Annual Delivery Requirement
In the event that the Bidder fails, for two (2) consecutive years, to deliver an amount of energy
equal to the Minimum Annual Delivery Requirement (to be set forth in the PPA), then there shall
be an event of default of the Bidder under the PPA.
Interconnection, Distribution, and Transmission
Interconnection
The Bidder shall be responsible, at its sole cost and expense, for requesting interconnection of the
Facility to Alabama Power’s transmission or distribution system pursuant to the Company’s rules,
practices, and policies. The Bidder will be solely responsible for all fees, deposits, and other
charges in connection with such interconnection request. The Bidder shall also be responsible for
entering into an interconnection agreement with the Company pursuant to the Company’s rules,
Attachment C: PPA - General Terms and Conditions
20
Alabama Power RFP
September 27, 2016
practices, and policies. Note: the estimated cost and expense of interconnection facilities to be
borne by the Company will be a material factor in the evaluation of the Bidder’s proposal.
In the event that the interconnection agreement will be executed after the execution of the PPA,
the PPA will set forth certain terms and conditions regarding interconnection of the Facility. Such
terms and conditions will include:
(i)
(ii)
(iii)
(iv)
Assignment of cost responsibility for interconnection facilities and upgrades between the
parties;
Bidder will be responsible for the monthly administrative fee during the term of the
interconnection agreement;
Bidder will provide security for the costs and expenses associated with interconnection
facilities and upgrades that Alabama Power will own and for which the Bidder is
responsible for the costs; and
If the Facility does not achieve Commercial Operation under the PPA, then the Bidder will
reimburse the Company for all costs and expenses incurred by the Company in connection
with interconnection facilities and upgrades. The Company will require the Bidder to
provide security for this reimbursement obligation.
Additional Services
The Bidder will be responsible, at its sole cost and expense, for all services required to deliver
energy to the delivery point.
Transmission and Distribution Delivery Upgrades; Designation of the Facility as a Network Resource
The PPA will be contingent upon the ability of the transmission and/or distribution system to
reliably receive energy from the Facility and deliver such energy to the Company’s retail customers
without adverse impacts to the Company’s or its affiliates’ electric systems or any of their
customers. This may include a requirement that the Facility be designated as a Network Resource
consistent with the Southern Companies Open Access Transmission Tariff, which would require
applicable transmission studies. In addition, if the Company determines that the costs associated
with necessary transmission or distribution upgrades (including those that may be needed to
designate the Facility as a Network Resource) will exceed a threshold amount to be specified in
the PPA, the Company may terminate the PPA in its sole and absolute discretion. Note: the
estimated cost and expense of transmission and distribution upgrades that may be required
(including to designate the Facility as a Network Resource) will be a material factor in the
evaluation of the Bidder’s proposal.
If the Facility does not achieve Commercial Operation under the PPA, then the Bidder will
reimburse the Company for all costs and expenses incurred by the Company in connection with
transmission and/or distribution facilities and upgrades. The Company will require the Bidder to
provide security for this reimbursement obligation.
Laws and Regulations
The Bidder is responsible for complying, at its sole cost and expense, with all applicable federal,
state and local laws and regulations applicable to the Facility and its performance under the PPA.
Attachment C: PPA - General Terms and Conditions
21
Alabama Power RFP
September 27, 2016
Changes in Law
The Bidder shall be responsible for any increased cost or expense associated with the Facility or
its performance that result from changes in laws, rules, regulations, and/or orders of all
governmental authorities. The amounts paid by the Company under the PPA shall not be modified
as a result of any such changes.
Performance Security
Simultaneous with the execution of the PPA and thereafter for the term of the PPA, the Bidder
shall provide and maintain performance security in a form and amount acceptable to the
Company. Such performance security may be in the form of a letter of credit, parent guaranty
from a creditworthy guarantor acceptable to the Company, or other security acceptable to the
Company.
Events of Default
The PPA will set forth events of default for each of the Bidder and the Company, as well as
applicable remedies should an event of default occur.
Regulatory Matters
Compliance
It shall be the complete and sole responsibility of the Bidder to take all necessary actions to satisfy
all laws, regulatory requirements, licenses, and permits that may apply to the Bidder or to the
generation, sale, and/or delivery of energy under the PPA. The PPA shall not be conditioned on
the receipt of any permit or regulatory approval, except for approval of the Alabama Public
Service Commission.
Approval of Alabama Public Service Commission
The PPA shall be contingent upon the Alabama Public Service Commission approving the PPA
pursuant to a final, non-appealable order that is satisfactory to the Company in its sole and
absolute discretion.
Qualifying Facility
The Facility must be a Qualifying Facility under the Public Utility Regulatory Policies Act of 1978
for the duration of the term of the PPA.
Taxes
The Bidder shall be responsible for all taxes and governmental charges associated with the Facility
and the transfer, delivery and sale of energy, electrical products, and environmental attributes to
the Company under the PPA.
Assignments, Transfers, and Change of Control
The Bidder shall not assign its rights or obligations under the PPA, transfer any interest or
operational control of the Facility, or undergo a direct or indirect change of control of the Bidder,
without the prior written consent of the Company.
Attachment C: PPA - General Terms and Conditions
22
Alabama Power RFP
September 27, 2016
Insurance
The Bidder shall maintain insurance of the types and amounts to be set forth in the PPA.
Financing
The Bidder shall be solely responsible for obtaining any financing or other funding necessary to
develop and construct the Facility.
Variable Interest Entity
In the event that the Bidder or any of its affiliates is required to be consolidated as a Variable
Interest Entity for purposes of the Company’s or any of its affiliates’ financial statements, the
Company reserves the sole discretion to terminate the PPA without further liability or obligation.
In addition, the Bidder shall covenant to take and/or refrain from taking certain specified actions
to minimize the likelihood of such a consolidation, and the failure of the Bidder to comply with
such covenant shall constitute an event of default.
Right of First Refusal
The Company will have an exclusive right of first refusal (“ROFR”) with respect to any sale or
transfer (either directly or indirectly) of the Facility or the ownership interests of the Bidder in the
Facility. The terms and conditions of the ROFR will be specifically set forth in the PPA.
Purchase Option
The Company will have a purchase option with respect to the Facility, the terms and conditions
of which will be specifically set forth in the PPA.
Confidentiality
Appropriate confidentiality provisions will be included in the PPA. The Bidder will also be
required to execute a confidentiality agreement as part of a submission to the RFP whereby the
Bidder agrees (among other things) not to publicize or otherwise disclose to any other party its
participation in the RFP, any information obtained through the RFP, or any portions of an actual
or proposed PPA absent prior written consent of Company.
Attachment C: PPA - General Terms and Conditions
23
Alabama Power RFP
September 27, 2016
Attachment D: Engineering, Procurement, and Construction
Agreement – General Terms and Conditions
Any turnkey Engineering, Procurement and Construction Agreement (“EPC Agreement”) between
the Bidder and the Company will contain provisions that incorporate the following terms and conditions,
in addition to other terms and conditions that may be required by the Company. The Company reserves
the right to modify these terms and conditions, or to require additional terms and conditions, at any time
in its sole and absolute discretion. The EPC Agreement and contract provisions incorporating these terms
and conditions will be provided to certain qualified bidders if selected by the Company at a later date. It
should be noted, however, that neither the results of the RFP evaluation nor a Bidder’s ranking relative to
other bidders ensures that the Company will provide an EPC Agreement to a Bidder, or that an executed
EPC Agreement will lead to approval of the turnkey project by the Alabama Public Service Commission.
RFP Resources
The Facility
The “Facility” a Bidder proposes means a fully-integrated electricity generation system,
comprising “Equipment” detailed in the bid and EPC Agreement and which utilizes only renewable
fuel resources. The Facility includes any equipment, materials, services, documents, and other
items or activities, even if not specifically mentioned in project specifications in the EPC
Agreement, necessary to achieve completion of the facility in accordance with prudent industry
practices. The Facility must be located in the state of Alabama and interconnected with Alabama
Power’s electric system (either transmission or distribution).
Spare Parts
The Bidder shall include within its fixed price any spare parts required for the completion of the
Work, including all spare parts required at commissioning. Title to spare parts shall transfer to
Company upon completion of all work within the Bidder’s scope under the EPC Agreement
(“Work”).
Site
The Bidder is responsible for taking all steps necessary to ascertain the nature and location of the
site of the Facility as well as the location of any Work not on the site and satisfying itself as to all
general and local conditions that can affect: access; egress; transportation; waste disposal;
handling; laydown; parking and storage of materials; the availability of labor, utilities, and roads;
uncertainties of weather; the character of construction aides needed to complete the Work; and
all other issues and contingencies that may create difficulty, add time, or make performance of
the Work more expensive.
Price, Schedule, and Payments
Fixed Price, Fixed Schedule
The Facility must be offered at a fixed contract price and fixed contract schedule, including
guaranteed dates. The contract price shall not be increased and the contract schedule shall not
be changed unless the Bidder is entitled to a “Change”, as that term is defined in the EPC
Attachment D: EPC – General Terms and Conditions
24
Alabama Power RFP
September 27, 2016
Agreement. The fixed price must account for and include any and all costs of land, rights-of-way,
professional services, auxiliary equipment, and facilities necessary or used for the engineering,
procurement, and construction of the Facility on the fixed schedule proposed. The Bidder shall
owe Company liquidated damages if it fails to achieve the guaranteed dates in the fixed contract
schedule.
Milestone Payment Schedule
Payments pursuant to the fixed contract price will be made upon the achievement by the Bidder
of specified milestones in the EPC Agreement. A retainage may be withheld from each milestone
payment and paid upon final completion of the Facility.
Changes
The Bidder shall only be entitled to a Change in the fixed contract price or the fixed contract
schedule as the result of a change directed by the Company or a Company-caused delay that
materially affects the Bidder’s ability to complete construction within the timeframe set forth in
the schedule. With the exception of the foregoing, Bidder shall be responsible for the proper and
timely completion of all Work.
Work
Professional Standards
All Work (whether undertaken by the Bidder or any subcontractor(s)) shall be done in a first-class,
efficient, expeditious, proper, and workmanlike manner. All Work shall be performed in
accordance with prudent industry practices and the requirements of the EPC Agreement. All
equipment shall be installed in accordance with the applicable vendors’ and/or manufacturers’
instructions and warranty conditions.
Sufficient Personnel
The Bidder shall employ a sufficient number of skilled and qualified persons, who shall be licensed
if required by law, so that the Bidder completes the Work and its other obligations under the EPC
Agreement.
Design
The Bidder shall be responsible for all design services required for the Facility including minimum
design, performance, and other requirements for the Facility and separate components, systems,
equipment, processes, set forth in the EPC Agreement. The Bidder shall provide all preliminary,
interim, and final design documents to the Company in accordance with the document delivery
dates set forth in the EPC Agreement. The Facility must not include prototype or first-of-its kind
equipment unless the Company gives prior written consent to the use such equipment.
Utilities, Consumables, Construction Aides, Sewage
The Bidder shall be responsible, and shall not be entitled to compensation above the fixed
contract price, for any and all necessary utilities (including back feed power), water supply,
construction aids, and other consumables necessary to perform the Work. The Bidder shall also
be responsible for the disposal of any sewage effluent at the site.
Attachment D: EPC – General Terms and Conditions
25
Alabama Power RFP
September 27, 2016
Control of Work
The Bidder shall be responsible for all construction means, methods, techniques, sequences,
procedures, and labor and all safety, quality assurance, and quality control programs in
connection with the performance of the Work.
Inspection of Work
The Company shall have the right at all times to inspect the Work. The Bidder shall honor and
maintain hold points for the Work as required by its quality control plan or otherwise in the
specifications of the Facility and Work. Notwithstanding the foregoing, the Company’s
inspections or lack of inspections shall not relieve the Bidder of any obligations to complete the
Work or the Facility in accordance with the EPC Agreement.
Schedule and Project Execution Plan
The Bidder shall submit a proposed contract schedule and project execution plan including: the
number of shifts to be employed in the accomplishment of the Work; the number of hours to be
worked on a daily basis; the number of personnel to be employed each shift; the number of days
per week to be worked; an estimated total number of man hours required for completion of the
Work; organization charts and resumes for the management team; list of construction aids; and
list of subcontractors.
Progress Reports
Beginning with the notice to proceed, the Bidder shall provide the Company with monthly written
progress reports regarding the current status of the Work including, but not limited to, actual
progress relative to the proposed contract schedule and any issues or concerns that could
potentially impact the Bidder’s future ability to meet such contract schedule.
Safety
The Bidder shall be responsible for the safe performance of the Work, including Work performed
by subcontractors. The Bidder shall be responsible for the safety of its employees and the
employees of its subcontractors. The Bidder shall also be required to prepare, provide to the
Company, and abide by safety plans, fire protection plans, hazardous material plans, and quality
control plans for the Work and the Facility.
Training
The Bidder shall instruct the Company’s designated personnel in the safe and proper operation
and maintenance of the equipment. The Bidder shall also prepare an operating and maintenance
manual.
Subcontractors
Bidder’s Responsibilities
The Bidder is responsible for entering into any subcontracts necessary to perform the Work. The
Company shall have the right to approve or reject any subcontractor proposed by Bidder. No
contractual relationship shall exist between the Company and any subcontractor(s). The
Company shall have the right to review copies of any subcontracts, subject to pricing redactions.
Attachment D: EPC – General Terms and Conditions
26
Alabama Power RFP
September 27, 2016
Subcontractors’ Responsibilities
Subcontractors shall be bound to the Bidder by the terms of the EPC Agreement and to assume
all obligations and responsibilities of the Bidder to the Company under the EPC Agreement. All
subcontracts must be terminable for convenience.
Assignment of Subcontracts
The Bidder shall comply with any request by the Company to assign the benefit of any subcontract,
including any subcontractor’s warranties, to the Company or its designee.
Performance Testing, Guarantees
Performance Test
The Bidder shall conduct, at its expense, the performance testing of the Facility demonstrating
the operation of the Facility as a whole in accordance with the operation and maintenance
manual, prudent industry practices, and the EPC Agreement; and that the Facility and equipment
can meet the requirements of the EPC Agreement while operating within the manufacturers’
specifications, recommendations, and warranty requirements.
Minimum Performance Guarantees
The minimum performance guarantees shall be “must fix” guarantees. The Bidder shall have an
absolute obligation to cause the Facility to satisfy all minimum performance guarantees. Any
failure shall not be cured by the payment of liquidated damages, but instead must be remedied
(though liquidated damages may also accrue).
Output Guarantees
Minimum output guarantees shall be measured over the first twelve (12) months period following
substantial completion of the facility.
Liquidated Damages
Document Delays
The Bidder shall owe liquidated damages if it does not deliver documents required under the EPC
Agreement by a guaranteed date.
Substantial Completion Delays
The Bidder shall owe liquidated damages if the Facility does not achieve substantial completion
prior to the guaranteed substantial completion date.
Output Guarantees
If the Facility satisfies the minimum performance guarantees but does not achieve output
guarantees, the Bidder shall owe liquidated damages.
Warranties
Bidder Warranties
The Bidder shall provide a general warranty for all equipment and Work for a period of at least
twenty-four (24) months following substantial completion and, for any Work undertaken after
substantial completion (including Work to repair or remedy defects pursuant to a warranty), an
Attachment D: EPC – General Terms and Conditions
27
Alabama Power RFP
September 27, 2016
additional twenty-four (24) months. The Bidder shall have primary liability to the Company with
respect to all warranties.
Subcontractor/Supplier Warranties
The Bidder shall extend to the Company all subcontractor and supplier warranties including defect
warranties and module output warranties. To the extent a subcontractor’s or supplier’s warranty
extends beyond the warranty period provided by the Bidder, the Bidder shall assign such
warranties to the Company.
Laws and Regulations
Alabama Public Service Commission
The Bidder shall cooperate with Company with respect to certification of the Facility by the
Alabama Public Service Commission (“APSC”) and compliance with any rules and regulations of
the APSC.
Other Governmental Authorities
The Bidder shall be responsible for compliance with all laws, rules, and regulations related to the
performance of the Work and other obligations under the EPC Agreement. The Bidder shall also
be responsible for obtaining and maintaining any and all permits necessary for the design and
construction of the site and the performance of the Work.
Changes in Law
The Bidder shall be responsible for any increased cost or expense associated with the Facility or
its performance that result from changes in laws, rules, regulations, and/or orders of all
governmental authorities. The fixed price under the EPC Agreement shall not be modified as a
result of any such changes.
Taxes
The Bidder shall be responsible for all taxes and governmental charges associated with the Work,
including Work performed by subcontractors. The Bidder shall not be entitled to an increase in
the fixed contract price for the amount of any taxes or fees imposed upon it in connection with
the site, Work, or Facility.
Performance Security
Simultaneous with the execution of the EPC Agreement and thereafter until the expiration of the
warranty period under the EPC Agreement, the Bidder shall provide and maintain performance
security in a form and amount acceptable to the Company. Such performance security may be in
the form of a letter of credit, parent guaranty from a creditworthy guarantor acceptable to the
Company, or other security acceptable to the Company.
Events of Default
The EPC Agreement will set forth events of default for each of the Bidder and the Company, as
well as applicable remedies should an event of default occur.
Attachment D: EPC – General Terms and Conditions
28
Alabama Power RFP
September 27, 2016
Assignments, Transfers, and Change of Control
The Bidder shall not assign its rights or obligations under the EPC Agreement, transfer any interest
or operational control of the Facility, or undergo a direct or indirect change of control of the
Bidder, without the prior written consent of the Company.
Insurance
The Bidder shall maintain insurance of the types and amounts to be set forth in the EPC
Agreement.
Confidentiality
Appropriate confidentiality provisions will be included in the EPC Agreement. The Bidder will
also be required to execute a confidentiality agreement as part of a submission to the RFP
whereby the Bidder agrees (among other things) not to publicize or otherwise disclose to any
other party its participation in the RFP, any information obtained through the RFP, or any
portions of an actual or proposed EPC Agreement absent prior written consent of the Company.
Attachment D: EPC – General Terms and Conditions
29
Alabama Power RFP
September 27, 2016
Attachment E: Power Purchase Agreement
– “Notice of Intent to Bid” Forms
1.
2.
3.
4.
“Notice of Intent to Bid” Form
Contractor Compliance Background Certification Form
Bidder’s Questionnaire
Confidentiality Agreement
5. Contact(s) for SharePoint Site Access
Attachment E: PPA – NOI Forms
30
Alabama Power RFP
September 27, 2016
“Notice of Intent to Bid” – PPA Project
The following bidder intends to submit a proposal for supplying renewable or environmentally
specialized energy resources in conformance with Alabama Power Company's RFP issued on
September 27, 2016. A “Notice of Intent to Bid” form must be submitted for each proposal, including
every version of the same project that is being proposed. Only one submission of other required
forms is necessary for each Bidder unless the information on the other required forms varies among
the project(s) submitted. A pdf version of this form is available on the website:
http://alabamapower.com/environment/renewable-energy/rfp.asp
Bidder
Address
City
State
Country
Zip Code
Contact Name
Title
Office Phone#
Mobile Phone#
Email Address
Proposal Information
Project name
Project address
City
County
State
Zip Code
Latitude/Longitude
Type of resource
Does this resource meet the requirements under the RFP (y/n)?
Nameplate Capacity (MWac)
Term of Contract (years)
Expected Start Date of Construction (month/year)
Expected COD (month/year)
___________________________________________(Signature)
__________________________________________ (Print Name)
_______________________________________________(Title)
_____________________________(Date)
Attachment E: PPA – NOI Forms
31
Alabama Power RFP
September 27, 2016
Attachment E: PPA – NOI Forms
32
Alabama Power RFP
September 27, 2016
Bidder’s Questionnaire
All Bidders must supply the following information, as appropriate:
1. Please provide documentation of your company’s previous experience relevant to the
proposed project.
2. Please provide the following financial and credit information for your company and for your
parent company (if applicable):
a. Annual reports and Form 10-K for the past three (3) years. If these documents are
not available, then audited financial statements (including management discussion
and analysis) for the last three (3) years will be accepted;
b. Credit rating of the Bidder’s senior debt securities; and
c. Any additional documentation needed to determine your company’s financial
strength and/or the strength of any corporate parents.
3. Please identify and describe any disputes in which the Bidder or any of its affiliates has
previously been involved with Alabama Power or any of its affiliates (including all direct and
indirect subsidiaries of The Southern Company). This list should identify any disputes that
that were resolved informally between parties, as well as disputes that have previously been,
or which currently are, the subject of a mediation or arbitration proceeding, or any other
litigated proceeding before a court or other governmental authority.
Attachment E: PPA – NOI Forms
33
Alabama Power RFP
September 27, 2016
CONFIDENTIALITY AGREEMENT
THIS CONFIDENTIALITY AGREEMENT (“Agreement”), effective as of the ___ day of
____________, 201__ (“Effective Date”), is entered into by and between Alabama Power
Company (“APC”) and ______________ (“Counterparty”). APC and Counterparty are referred
to individually as a “Party” and collectively as the “Parties”.
W I T N E S S E T H:
WHEREAS, APC has issued a Request for Proposals on _________, 2016 (“RFP”) to solicit
proposals for the supply of electric energy from renewable resources and environmentally specialized
generating resources;
WHEREAS, Counterparty intends to submit a proposal in response to the RFP regarding a
potential transaction for the supply of electric energy from an eligible resource to APC (“Potential
Transaction”);
WHEREAS, it is anticipated that the Parties will exchange confidential and proprietary
information to one another relating to the RFP and the Potential Transaction, including for the purpose
of developing and evaluating Counterparty’s proposal, and potentially to negotiate a Potential
Transaction;
WHEREAS, the Parties have entered into this Agreement in order to assure the confidentiality
of all information exchanged and discussions between them with regard to the RFP and the Potential
Transaction and to prevent the disclosure of such information to third parties except as permitted
herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made herein,
and with the intent to be legally bound hereby, the Parties hereby agree as follows:
1.
Confidential Information. The term “Confidential Information” as used in this Agreement
means the substance and content of: (i) all discussions between the Parties and their respective
Representatives (as defined below) relating to the RFP or the Potential Transaction and all
information ascertained through such discussions; (ii) any and all written, printed or other
materials (regardless of form) previously or subsequently provided by either Party or its
Representatives to the other Party or its Representatives relating to the RFP or the Potential
Transaction; (iii) the fact that Counterparty is submitting a proposal in response to the RFP;
and (iv) the fact that discussions and/or negotiations are taking place between the Parties
concerning the RFP or the Potential Transaction. Confidential Information shall include, but
not be limited to, all marketing, operational, economic, or financial knowledge, information
or data of any nature whatsoever relating to either Party that may have been or will be provided
or disclosed in connection with the RFP or the Potential Transaction. Each Party shall have
absolute discretion to determine what information it will provide to the other.
Notwithstanding the foregoing, Confidential Information shall not include the following:
Attachment E: PPA – NOI Forms
34
Alabama Power RFP
September 27, 2016
(a)
information that at the time of disclosure by a Party (“Disclosing Party”) is
publicly available or later becomes publicly available other than through a
violation of this Agreement by the recipient (“Receiving Party”);
(b)
information that was in the Receiving Party’s possession prior to disclosure
by the Disclosing Party;
(c)
information received by the Receiving Party from a third party who, to the
best of the Receiving Party’s knowledge, did not acquire such information on
a confidential basis either directly or indirectly from the Disclosing Party; or
(d)
information that was independently developed by or for the Receiving Party
without violating its obligations under this Agreement.
Specific information shall not be deemed to be within the foregoing exceptions merely
because such information is embraced by more general information within such exceptions.
2.
Disclosure of Confidential Information. Each Party agrees to keep confidential all
Confidential Information provided by the other Party and its Representatives and shall not,
without the other Party’s prior written consent, disclose such Confidential Information to any
third party, firm, corporation or entity; provided, however, that each Party shall be entitled to
disclose such information to its affiliates’ officers, employees, consultants, attorneys, agents,
bankers and accountants (“Representatives”) as reasonably necessary for such Party or its
affiliates to prepare a proposal in response to the RFP (in the case of Counterparty) and to
evaluate, enter into and/or perform under the Potential Transaction; provided further, that each
Party’s Representatives shall comply with the terms and conditions of this Agreement, and
each Party agrees to be responsible for any breach of this Agreement by its Representatives.
In addition, without advance notice to Counterparty, APC shall be entitled to disclose any
Confidential Information provided by Counterparty to the Alabama Public Service
Commission (“APSC”) or its staff, in APC’s sole discretion, in furtherance of the evaluation
of the Potential Transaction or any other proposal(s) submitted in response to the RFP by any
other party, and in furtherance or support of any application that may be submitted to the
APSC as a result of the RFP. In complying with its confidentiality obligations under this
Agreement, each Party shall use the same means it uses to protect its own confidential and
proprietary information (but in no event less than reasonable means) to prevent the disclosure
and to protect the confidentiality of the Confidential Information provided to it.
3.
Use of Confidential Information. Each Party shall use the Confidential Information provided
by the other Party only as follows:
(a)
Counterparty shall use the Confidential Information provided by APC only
for the purpose of preparing its proposal in response to the RFP and in
furtherance of a Potential Transaction.
Attachment E: PPA – NOI Forms
35
Alabama Power RFP
September 27, 2016
(b)
APC shall use the Confidential Information provided by Counterparty only
for the purpose of evaluating Counterparty’s proposal, which will include
comparing Counterparty’s proposal to other power supply options of APC
(including other proposals received in response to the RFP), consultations with
the APSC regarding proposals submitted, and the use of Counterparty’s
proposal in order to potentially select one or more of the proposals submitted
in response to the RFP.
Neither Party shall make any other use, in whole or in part, of any Confidential Information
provided without the prior written consent of the other Party.
4.
Return of Documents. Either Party may elect at any time to terminate further access to the
Confidential Information. Each Party will, upon written request from the other Party, return
or destroy (at Receiving Party’s election) any and all Confidential Information received from
such other Party, including all originals, copies, translations, notes, or any other form of said
material, as well as any and all written, printed, or other material or information derived from
the Confidential Information. To the extent a Party elects to destroy the Confidential
Information, an appropriate officer of such Party will promptly provide written confirmation
that the requirements of this Section have been satisfied.
5.
Term. The obligations and commitments established by this Agreement shall remain in full
force and effect for four (4) years following the Effective Date or until such time as the Parties
have entered into an agreement providing otherwise.
6.
Nature of Information. The Parties each hereby accept the representations of the other Party
that the Confidential Information of the other Party is of a special, unique, unusual,
extraordinary, and intellectual character and that money damages would not be a sufficient
remedy for any breach of this Agreement by it or its Representatives and that specific
performance and injunctive or other equitable remedies for any such breach shall be available
to it. Each Party also acknowledges that the interests of the other Party in such Confidential
Information may be irreparably injured by disclosure of such Confidential Information. The
remedy stated above may be pursued in addition to any other remedies applicable at law or
equity for breach of this Agreement. Should litigation be instituted to enforce any provision
hereof, the Party that prevails will be entitled to recover from the other Party all associated
costs, including reasonable legal fees. Neither Party will be liable for punitive, exemplary,
consequential, incidental, or indirect damages under this Agreement.
7.
Governing Law. The validity and interpretation of this Agreement and the legal relations of
the Parties to it shall be governed by the laws of the State of Alabama.
8.
No Other Agreement. It is expressly understood that this Confidentiality Agreement is not
and shall not be construed as any form of a letter of intent or agreement to enter into the
Potential Transaction or any other business arrangement. The sole purpose of this
Confidentiality Agreement is to evidence each Party’s agreement to maintain the
confidentiality of the Confidential Information provided by the other Party and shall not
Attachment E: PPA – NOI Forms
36
Alabama Power RFP
September 27, 2016
constitute any commitment or obligation on the part of either to enter into any specific
contractual arrangement of any nature whatsoever. Each Party acknowledges and agrees that
the other Party reserves the right to cease discussions and/or negotiations regarding the
Potential Transaction at any time without liability or obligation and that each Party reserves
the right to discuss, negotiate and/or enter into any transaction similar to the Potential
Transaction with any other person or entity at any time and without prior notice to the other
Party.
9.
No Representation or Warranties. It is understood and agreed that a Party disclosing
Confidential Information makes no representations or warranties under this Agreement as to
the accuracy, completeness or fitness for a particular purpose thereof. It is further understood
and agreed that neither Party nor its Representatives shall have any liability or responsibility
under this Agreement to the other Party or to any other person or entity resulting from the use
of or reliance upon any information so furnished or otherwise provided. Neither this
Agreement, nor the transfer of Confidential Information hereunder, shall be construed as
granting any license or rights to any information or data now or hereafter owned or controlled
by a Party to the other and all such Confidential Information shall remain the property of such
Party. Notwithstanding the foregoing, the Disclosing Party represents and warrants that it
may disclose the Confidential Information to the Receiving Party without breaching any
contractual, legal, fiduciary or other obligation to any other person or entity.
10.
No Waiver. Subject to applicable statutes of limitation, no failure or delay, in whole or
in part, by either Party in exercising any right or power hereunder shall operate as a waiver,
full or partial, of such right or power.
11.
Integration Clause.
This Agreement embodies all of the understandings, and merges all
prior discussions and writings, between the Parties concerning the subject matter hereof.
12.
Assignment. This Agreement may not be assigned by a Party without the prior written
consent of the other Party, such consent not to be unreasonably withheld. Upon any
assignment made in compliance with this Section 13, this Agreement shall inure to and be
binding upon each assignee of the assigning Party. No assignment permitted hereunder shall
relieve the assigning Party of responsibility or liability in respect of any of the obligations
assigned.
13.
Amendments. No amendment, modification, or change to this Agreement shall be
enforceable unless reduced to writing and executed by both Parties.
14.
Counterparts: Facsimile and Electronic Copies. This Agreement may be executed by
facsimile or PDF (electronic copy) and in counterparts, all of which for all purposes will be
deemed to be an original and all of which, taken together, constitutes one and the same
instrument.
[The next page is the signature page.]
Attachment E: PPA – NOI Forms
37
Alabama Power RFP
September 27, 2016
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the
Effective Date.
ALABAMA POWER COMPANY
By: _________________________________
Name: ______________________________
Title: _______________________________
COUNTERPARTY
By: __________________________________
Name: ________________________________
Title: _________________________________
Attachment E: PPA – NOI Forms
38
Alabama Power RFP
September 27, 2016
Contact(s) for SharePoint Site Access
After the “Notice of Intent to Bid” deadline, RFP communications may be submitted to
G2APCMRERFP@southernco.com. All questions (along with the appropriate responses) will be posted
in a general folder located in the SharePoint site. The SharePoint site will be made available only to
bidders who have submitted the required “Notice of Intent to Bid” forms. Alabama Power will allow up
to a maximum of three individuals who can have access to their respective company’s project folder(s)
and the general folder set up on the SharePoint site. The contact information for these individuals
must be listed below.
Company
Address
City
State
Country
Zip Code
Contact Name
Office Phone#
Mobile Phone#
Email Address
Contact Name
Office Phone#
Mobile Phone#
Email Address
Contact Name
Office Phone#
Mobile Phone#
Email Address
Attachment E: PPA – NOI Forms
39
Alabama Power RFP
September 27, 2016
Attachment F: Turnkey Project – “Notice of Intent to Bid” Forms
1.
2.
3.
4.
5.
6.
“Notice of Intent to Bid” Form
Contractor Compliance Background Certificate Form
Contractor Statistical Data (Employee Modification Rate or EMR)
Bidder’s Questionnaire
Confidentiality Agreement
Contact(s) for SharePoint Site Access
Attachment F: Turnkey – NOI Forms
40
Alabama Power RFP
September 27, 2016
“Notice of Intent to Bid” – Turnkey Project
The following bidder intends to submit a proposal for supplying renewable or environmentally
specialized energy resources in conformance with Alabama Power Company's RFP issued on
September 27, 2016. A “Notice of Intent to Bid” form must be submitted for each proposal, including
every version of the same project that is being proposed. Only one submission of other required
forms is necessary for each Bidder unless the information on the other required forms varies among
the project(s) submitted. A pdf version of this form is available on
http://alabamapower.com/environment/renewable-energy/rfp.asp .
Bidder
Address
City
State
Country
Zip Code
Contact Name
Title
Office Phone#
Mobile Phone#
Email Address
Proposal Information
Project name
Project address
City
County
State
Zip Code
Latitude/Longitude
Type of resource
Does this resource meet the requirements under the RFP (y/n)?
Nameplate Capacity (MWac)
Expected Start Date of Construction (month/year)
Expected COD (month/year)
___________________________________________(Signature)
__________________________________________ (Print Name)
_______________________________________________(Title)
_____________________________(Date)
Attachment F: Turnkey – NOI Forms
41
Alabama Power RFP
September 27, 2016
Attachment F: Turnkey – NOI Forms
42
Alabama Power RFP
September 27, 2016
Attachment F: Turnkey – NOI Forms
43
Alabama Power RFP
September 27, 2016
Bidder’s Questionnaire
All Bidders must supply the following information, as appropriate:
1. Please provide documentation of your company’s previous experience relevant to the
proposed project.
2. Please provide the following financial and credit information for your company and for your
parent company (if applicable):
a. Annual reports and Form 10-K for the past three (3) years. If these documents are
not available, then audited financial statements (including management discussion
and analysis) for the last three (3) years will be accepted;
b. Credit rating of the Bidder’s senior debt securities; and
c. Any additional documentation needed to determine your company’s financial
strength and/or the strength of any corporate parents.
3. Please identify and describe any disputes in which the Bidder or any of its affiliates has
previously been involved with Alabama Power or any of its affiliates (including all direct and
indirect subsidiaries of The Southern Company). This list should identify any disputes that
that were resolved informally between parties, as well as disputes that have previously been,
or which currently are, the subject of a mediation or arbitration proceeding, or any other
litigated proceeding before a court or other governmental authority.
Attachment F: Turnkey – NOI Forms
44
Alabama Power RFP
September 27, 2016
CONFIDENTIALITY AGREEMENT
THIS CONFIDENTIALITY AGREEMENT (“Agreement”), effective as of the ___ day of
____________, 201__ (“Effective Date”), is entered into by and between Alabama Power
Company (“APC”) and ______________ (“Counterparty”). APC and Counterparty are referred
to individually as a “Party” and collectively as the “Parties”.
W I T N E S S E T H:
WHEREAS, APC has issued a Request for Proposals on _________, 2016 (“RFP”) to solicit
proposals for the supply of electric energy from renewable resources and environmentally specialized
generating resources;
WHEREAS, Counterparty intends to submit a proposal in response to the RFP regarding a
potential transaction for the supply of electric energy from an eligible resource to APC (“Potential
Transaction”);
WHEREAS, it is anticipated that the Parties will exchange confidential and proprietary
information to one another relating to the RFP and the Potential Transaction, including for the purpose
of developing and evaluating Counterparty’s proposal, and potentially to negotiate a Potential
Transaction;
WHEREAS, the Parties have entered into this Agreement in order to assure the confidentiality
of all information exchanged and discussions between them with regard to the RFP and the Potential
Transaction and to prevent the disclosure of such information to third parties except as permitted
herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made herein,
and with the intent to be legally bound hereby, the Parties hereby agree as follows:
1.
Confidential Information. The term “Confidential Information” as used in this Agreement
means the substance and content of: (i) all discussions between the Parties and their respective
Representatives (as defined below) relating to the RFP or the Potential Transaction and all
information ascertained through such discussions; (ii) any and all written, printed or other
materials (regardless of form) previously or subsequently provided by either Party or its
Representatives to the other Party or its Representatives relating to the RFP or the Potential
Transaction; (iii) the fact that Counterparty is submitting a proposal in response to the RFP;
and (iv) the fact that discussions and/or negotiations are taking place between the Parties
concerning the RFP or the Potential Transaction. Confidential Information shall include, but
not be limited to, all marketing, operational, economic, or financial knowledge, information
or data of any nature whatsoever relating to either Party that may have been or will be provided
or disclosed in connection with the RFP or the Potential Transaction. Each Party shall have
absolute discretion to determine what information it will provide to the other.
Notwithstanding the foregoing, Confidential Information shall not include the following:
Attachment F: Turnkey – NOI Forms
45
Alabama Power RFP
September 27, 2016
(a)
information that at the time of disclosure by a Party (“Disclosing Party”) is
publicly available or later becomes publicly available other than through a
violation of this Agreement by the recipient (“Receiving Party”);
(b)
information that was in the Receiving Party’s possession prior to disclosure
by the Disclosing Party;
(c)
information received by the Receiving Party from a third party who, to the
best of the Receiving Party’s knowledge, did not acquire such information on
a confidential basis either directly or indirectly from the Disclosing Party; or
(d)
information that was independently developed by or for the Receiving Party
without violating its obligations under this Agreement.
Specific information shall not be deemed to be within the foregoing exceptions merely
because such information is embraced by more general information within such exceptions.
2.
Disclosure of Confidential Information. Each Party agrees to keep confidential all
Confidential Information provided by the other Party and its Representatives and shall not,
without the other Party’s prior written consent, disclose such Confidential Information to any
third party, firm, corporation or entity; provided, however, that each Party shall be entitled to
disclose such information to its affiliates’ officers, employees, consultants, attorneys, agents,
bankers and accountants (“Representatives”) as reasonably necessary for such Party or its
affiliates to prepare a proposal in response to the RFP (in the case of Counterparty) and to
evaluate, enter into and/or perform under the Potential Transaction; provided further, that each
Party’s Representatives shall comply with the terms and conditions of this Agreement, and
each Party agrees to be responsible for any breach of this Agreement by its Representatives.
In addition, without advance notice to Counterparty, APC shall be entitled to disclose any
Confidential Information provided by Counterparty to the Alabama Public Service
Commission (“APSC”) or its staff, in APC’s sole discretion, in furtherance of the evaluation
of the Potential Transaction or any other proposal(s) submitted in response to the RFP by any
other party, and in furtherance or support of any application that may be submitted to the
APSC as a result of the RFP. In complying with its confidentiality obligations under this
Agreement, each Party shall use the same means it uses to protect its own confidential and
proprietary information (but in no event less than reasonable means) to prevent the disclosure
and to protect the confidentiality of the Confidential Information provided to it.
3.
Use of Confidential Information. Each Party shall use the Confidential Information provided
by the other Party only as follows:
(a) Counterparty shall use the Confidential Information provided by APC only for
the purpose of preparing its proposal in response to the RFP and in furtherance
of a Potential Transaction.
Attachment F: Turnkey – NOI Forms
46
Alabama Power RFP
September 27, 2016
(b) APC shall use the Confidential Information provided by Counterparty only for
the purpose of evaluating Counterparty’s proposal, which will include comparing
Counterparty’s proposal to other power supply options of APC (including other
proposals received in response to the RFP), consultations with the APSC
regarding proposals submitted, and the use of Counterparty’s proposal in order
to potentially select one or more of the proposals submitted in response to the
RFP.
Neither Party shall make any other use, in whole or in part, of any Confidential Information
provided without the prior written consent of the other Party.
4.
Return of Documents. Either Party may elect at any time to terminate further access to the
Confidential Information. Each Party will, upon written request from the other Party, return
or destroy (at Receiving Party’s election) any and all Confidential Information received from
such other Party, including all originals, copies, translations, notes, or any other form of said
material, as well as any and all written, printed or other material or information derived from
the Confidential Information. To the extent a Party elects to destroy the Confidential
Information, an appropriate officer of such Party will promptly provide written confirmation
that the requirements of this Section have been satisfied.
5.
Term. The obligations and commitments established by this Agreement shall remain in full
force and effect for four (4) years following the Effective Date or until such time as the Parties
have entered into an agreement providing otherwise.
6.
Nature of Information. The Parties each hereby accept the representations of the other Party
that the Confidential Information of the other Party is of a special, unique, unusual,
extraordinary, and intellectual character and that money damages would not be a sufficient
remedy for any breach of this Agreement by it or its Representatives and that specific
performance and injunctive or other equitable remedies for any such breach shall be available
to it. Each Party also acknowledges that the interests of the other Party in such Confidential
Information may be irreparably injured by disclosure of such Confidential Information. The
remedy stated above may be pursued in addition to any other remedies applicable at law or
equity for breach of this Agreement. Should litigation be instituted to enforce any provision
hereof, the Party that prevails will be entitled to recover from the other Party all associated
costs, including reasonable legal fees. Neither Party will be liable for punitive, exemplary,
consequential, incidental, or indirect damages under this Agreement.
7.
Governing Law. The validity and interpretation of this Agreement and the legal relations of
the Parties to it shall be governed by the laws of the State of Alabama.
8.
No Other Agreement. It is expressly understood that this Confidentiality Agreement is not
and shall not be construed as any form of a letter of intent or agreement to enter into the
Potential Transaction or any other business arrangement. The sole purpose of this
Confidentiality Agreement is to evidence each Party’s agreement to maintain the
confidentiality of the Confidential Information provided by the other Party and shall not
Attachment F: Turnkey – NOI Forms
47
Alabama Power RFP
September 27, 2016
constitute any commitment or obligation on the part of either to enter into any specific
contractual arrangement of any nature whatsoever. Each Party acknowledges and agrees that
the other Party reserves the right to cease discussions and/or negotiations regarding the
Potential Transaction at any time without liability or obligation and that each Party reserves
the right to discuss, negotiate and/or enter into any transaction similar to the Potential
Transaction with any other person or entity at any time and without prior notice to the other
Party.
9.
No Representation or Warranties. It is understood and agreed that a Party disclosing
Confidential Information makes no representations or warranties under this Agreement as to
the accuracy, completeness or fitness for a particular purpose thereof. It is further understood
and agreed that neither Party nor its Representatives shall have any liability or responsibility
under this Agreement to the other Party or to any other person or entity resulting from the use
of or reliance upon any information so furnished or otherwise provided. Neither this
Agreement, nor the transfer of Confidential Information hereunder, shall be construed as
granting any license or rights to any information or data now or hereafter owned or controlled
by a Party to the other and all such Confidential Information shall remain the property of such
Party. Notwithstanding the foregoing, the Disclosing Party represents and warrants that it
may disclose the Confidential Information to the Receiving Party without breaching any
contractual, legal, fiduciary or other obligation to any other person or entity.
10.
No Waiver. Subject to applicable statutes of limitation, no failure or delay, in whole or
in part, by either Party in exercising any right or power hereunder shall operate as a waiver,
full or partial, of such right or power.
11.
Integration Clause.
This Agreement embodies all of the understandings, and merges all
prior discussions and writings, between the Parties concerning the subject matter hereof.
12.
Assignment. This Agreement may not be assigned by a Party without the prior written
consent of the other Party, such consent not to be unreasonably withheld. Upon any
assignment made in compliance with this Section 13, this Agreement shall inure to and be
binding upon each assignee of the assigning Party. No assignment permitted hereunder shall
relieve the assigning Party of responsibility or liability in respect of any of the obligations
assigned.
13.
Amendments. No amendment, modification, or change to this Agreement shall be
enforceable unless reduced to writing and executed by both Parties.
14.
Counterparts: Facsimile and Electronic Copies. This Agreement may be executed by
facsimile or PDF (electronic copy) and in counterparts, all of which for all purposes will be
deemed to be an original and all of which, taken together, constitutes one and the same
instrument.
[The next page is the signature page.]
Attachment F: Turnkey – NOI Forms
48
Alabama Power RFP
September 27, 2016
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the
Effective Date.
ALABAMA POWER COMPANY
By: _________________________________
Name: ______________________________
Title: _______________________________
COUNTERPARTY
By: __________________________________
Name: ________________________________
Title: _________________________________
Attachment F: Turnkey – NOI Forms
49
Alabama Power RFP
September 27, 2016
Contact(s) for SharePoint Site Access
After the “Notice of Intent to Bid” deadline, RFP communications may be submitted to
G2APCMRERFP@southernco.com. All questions (along with the appropriate responses) will be posted in
a general folder located in the SharePoint site. The SharePoint site will be made available only to
bidders who have submitted the required “Notice of Intent to Bid” forms. Alabama Power will allow up
to a maximum of three individuals who can have access to their respective company’s project folder(s)
and the general folder set up on the SharePoint site. The contact information for these individuals must
be listed below.
Company
Address
City
State
Country
Zip Code
Contact Name
Office Phone#
Mobile Phone#
Email Address
Contact Name
Office Phone#
Mobile Phone#
Email Address
Contact Name
Office Phone#
Mobile Phone#
Email Address
Attachment F: Turnkey – NOI Forms
50
Alabama Power RFP
September 27, 2016
Attachment G: Power Purchase Agreement Project –
Example RFP Bid Submittal Forms
These forms are examples of the forms that will be made available through the RFP SharePoint site.
1.
2.
3.
4.
5.
6.
General Information
Facility Information
Production Profile (“8760”)
Interconnection Information Summary
PPA Bid Price
Other Considerations Information
For each project submitted, there will be a nonrefundable bidder evaluation fee of $5,000.
If the same project is being submitted with a change to the business arrangement, the additional proposal
must have a separate bid evaluation fee of $2,500.
If a PPA project is being proposed and there is only a contract term change (i.e., 10 versus 25 year), no
additional bid evaluation fee is required.
Attachment G: PPA - Example RFP Submittal Forms
51
Alabama Power RFP
September 27, 2016
General Information
Date of Submittal
Bidder Name
Bidder Address
City
State
Country
Zip Code
Bidder Contact Name
Title
Bidder Office Phone#
Mobile Phone#
Bidder Email Address
Project Name
Project Address
City
County
State
Zip Code
Latitude/Longitude
Type of resource
Does this resource meet the requirements under the RFP (y/n)?
Expected Start Date of Construction month/yr)
Expected COD (month/yr)*
* The operational date of the project should be targeted for March 31, 2019 or earlier.
Attachment G: PPA - Example RFP Submittal Forms
52
Alabama Power RFP
September 27, 2016
Facility Information
Project Name
Nameplate Capacity (MWac) *
Expected Annual Energy (MWh)*
Expected Capacity Factor (%)
Forced Outage Rate (%)
Plant Life (years)
* Proposals are for projects at least 5 MWac but no greater than 80 MWac in size. The “Expected Annual
Energy” should match the provided Production Profile.
Technology
Biomass
Technology (i.e., anaerobic digestion, gasification)
Primary Fuel Source
Secondary Fuel Source
Landfill Gas
Technology
Do you have gas rights? (n/y)
Low-Impact Hydro
Technology
Water body
Solar PV
(NOTE: A PVSYST analysis must be submitted with each solar PV proposal, using TMY2 weather data)
Array Type (fixed tilt, single or dual axis tracking)
Racking (ballasted or non-ballasted)
DC to AC Ratio**
System Degradation rate (%/yr)
For fixed tilt or single axis tracking :
Array Tilt (degrees)
Azimuth (degrees with south being 180 degrees)
Panel Technology
Panel Manufacturer/Model
Inverter Manufacturer/Model
** Nameplate DC capacity divided by the inverter's nameplate AC capacity
Attachment G: PPA - Example RFP Submittal Forms
53
Alabama Power RFP
September 27, 2016
Solar Thermal
System Manufacturer
Configuration
Wind
Turbine Manufacturer
Turbine Model
Number of Turbines
Met Tower Data Included (n/y)
Source & Basis of Met Data
Other Technology***
Technology
Description
*** Refer to the "Definition of Renewable Energy Resources and Environmentally Specialized Generating Resources” for a
listing of other applicable technologies.
Land
Do you have site control for total project (y/n)?
Owned or Leased? ****
Term of Lease (yrs)
Legal description of land
**** Supporting documentation must be provided to describe the nature of the possession of the real property at the time
of construction as either fee simple ownership or lease (i.e., copy of option contract; copy of deed; copy of lease
agreement).
Attachment G: PPA - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
Production Profile
A delivered production profile in an 8760 format (365 days x 24 hours) must be included in the
proposal in order to be considered. In generating the production profile:
 the hour 0 should be the energy production from midnight to 1:00 am CST;
 no correction for daylight savings time should be made in the profile;
 the production should be shown as the first twelve (12) months of production (no
degradation); and
 at the point of delivery, the production should be reported under Standard Test Conditions;
and at no time should the energy output (MWh) exceed the proposed maximum capacity of
the facility. If so, the profile will be subject to adjustments. For example, the expected energy
output (MWh) of an 80 MWac facility cannot be greater than 80 MWac at any time. An
example of the input form is listed below.
Month
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Day
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Hour
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Energy Production
(MWac or kWac)
Attachment G: PPA - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
…………………………………..
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
31
31
31
31
31
31
31
31
31
31
31
31
31
31
31
31
31
31
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Attachment G: PPA - Example RFP Submittal Forms
56
Alabama Power RFP
September 27, 2016
Interconnection Information Summary
Proposals submitted in response to this RFP must have the projected generation resources located in the
State of Alabama and interconnected with the Company’s transmission or distribution system.
NOTE: THIS INTERCONNECTION DATA SUBMITTAL FORM WILL BE USED TO ASSIST IN PERFORMING BID
EVALUATION(S) IN THE RFP, PARTICULARLY IN ASSESSING TRANSMISSION AND/OR DISTRIBUTION
COSTS. ALTERNATIVE OR ASSUMED INTERCONNECTION DATA MAY BE UTILIZED IN THE BID
EVALUATION PROCESS IF SUCH DATA IS NOT PROVIDED BELOW, OR IS OTHERWISE DEEMED
APPROPRIATE OR INADEQUATE FOR USE IN THE TRANSMISSION AND/OR DISTRIBUTION EVALUATIONS.
FURTHERMORE, THIS FORM DOES NOT CONSTITUTE AN INTERCONNECTION REQUEST.
INTERCONNECTION REQUESTS MUST BE SUBMITTED SEPARATELY TO THE COMPANY PURSUANT TO
THE APPLICABLE INTERCONNECTION PROCESS.
I. Interconnection Location (Applicable to all generator types)
 Distribution or Transmission Proposed Interconnection
 Proposed Location/Substation
 Address
 City
 County
 State
 Latitude/Longitude

A map indicating the Facility location and known or proposed interconnection to the transmission or
distribution system. All known descriptions, drawings or details are beneficial in the evaluation of
bids.
II. Interconnection Costs (Applicable to all generator types)
 Provide the assumptions regarding the interconnection costs included in the bid price (i.e. costs up
to the change in ownership at the interconnection location on the transmission or distribution
system). Each Bidder is encouraged to provide details of these costs.
III. Status of Interconnection Agreement (Applicable to all generator types)


Interconnection Request Submitted? (y/n)
If yes, date of submittal:
If yes, interconnection request number:
Detailed description of the interconnection arrangements that have been or will be made to effect
delivery to Alabama Power’s electric system.
Attachment G: PPA - Example RFP Submittal Forms
57
Alabama Power RFP
September 27, 2016
IV. General Interconnection Data (Applicable to all generator types)
 Provide a site single line diagram showing the configuration and interconnection for equipment up
to the point of change of ownership with the existing transmission or distribution system. (For
inverter based generation, include all PV Panel sets, inverters, interposing/inverter step-up
transformers, etc.)
 What is the maximum kW-AC at the point of delivery?
 Will the Facility meet Alabama Power’s Generator Operating Requirements (e.g., reactive power,
power quality)? Note: such requirements for generators interconnecting to the transmission system
can be found on Southern Company’s OASIS site.
 Describe the Facility’s reactive power capability:
 Provide a copy of the site relay list and trip scheme, which shall include all protection, synchronizing,
and auxiliary relays required to operate in a safe and reliable manner.
V. Generator Interconnection Tie Line Data (Applicable to all generator types)
NOTE: If specific requested data below is not applicable, indicate by marking "N/A”. If the facility is located
directly adjacent to the proposed interconnection location, such that any generator tie length is negligible,
also indicate by marking "N/A”.
a)
b)
c)
d)
e)
f)
g)
Line voltage:
kV, line rating at 95F ambient:
MVA, line length:
R1 =
ohm or
pu on 100 MVA and line kV base (positive sequence)
X1 =
ohm or
pu on 100 MVA and line kV base (positive sequence)
B1 =
F or
pu on 100 MVA and line kV base (positive sequence)
R0 =
ohm or
pu on 100 MVA and line kV base (zero sequence)
X0 =
ohm or
pu on 100 MVA and line kV base (zero sequence)
B0 =
F or
pu on 100 MVA and line kV base (zero sequence)
Miles/Feet
VI. GSU/Main Transformer Data (Applicable to all generator types)
NOTE: If specific requested data below is not applicable/available, indicate by marking "N/A”.

Number of GSU/Main transformers:
Two-Winding GSU/Main Transformer Data (as applicable):
a) Rating (OA/FA/FA):
/
/
MVA
b) Nominal Voltage for each winding (Low/High):
/
kV
c) Winding Connections (Low/High): Delta or Wye / Delta or Wye
d) Available tap positions:
/
/
/
/
kV or
%
# of taps.
e) Positive sequence impedance Z1:
%,
X/R on self-cooled (OA) MVA rating above.
f) Zero sequence impedance Z0:
%,
X/R on self-cooled (OA) MVA rating above.
g) For pad mount transformer, construction: 3 / 4 / 5 -legged
Three-Winding GSU/Main Transformer Data (as applicable):
h) GSU/Main transformer connection and diagram and mark to reference this form.
Attachment G: PPA - Example RFP Submittal Forms
58
Alabama Power RFP
September 27, 2016
H Winding Data
Full load ratings
(i.e., OA/FA/FA)
/
Rated high side voltage
base
Tap positions available
Present Tap Setting
(if applicable)
Neutral solidly
grounded? (or) Neutral
Grounding Resistor (if
applicable)
BIL rating
/
/
Y Winding Data
/
/
/
MVA
MVA
MVA
kV
Delta or Wye
connected
kV
Delta or Wye
connected
kV
Delta or Wye
connected
/
/
X Winding Data
/
/
/
kV
/
/
/
/
kV
/
/
/
kV
kV
kV
kV
ohms
ohms
ohms
kV
kV
kV
Three-Winding GSU/Main Transformer Impedance Data (as applicable):
H-X Winding Data
Transformer base for
impedances provided
Positive sequence impedance
Z1
Zero sequence impedance Z0
H-Y Winding Data
MVA
X-Y Winding Data
MVA
MVA
%
X/R
%
X/R
%
X/R
%
X/R
%
X/R
%
X/R
VII. Inverter-Based Generator Interconnection Data (Inverter Based Generators e.g., Solar PV)
NOTE: If specific requested data below is not applicable/available, indicate by marking "N/A”.
 Generator is inverter based (YES/NO):
 Inverters are UL1741 certified (TRUE/FALSE):
 Inverters meet IEEE1547 Standard (TRUE/FALSE):
 Number of Inverters:
 Inverter Manufacturer:
 Inverter Nominal AC Power:
 Inverter Model:
 Inverter grounding method:
 Will inverters be programmed to limit the output capability?
Attachment G: PPA - Example RFP Submittal Forms
59
Alabama Power RFP
September 27, 2016










Minimum Short Circuit Ratio to which the Facility is designed to reliably
operate?
Short Circuit Ratio is calculated by dividing the short circuit MVA capacity at the
Point of Interconnection by the maximum MW output of the Facility.
Will the Facility have the capability to curtail its output without disconnecting?
Describe the Facility’s capability to curtail its output if called upon. How will the output be reduced?
What will be the response time for curtailment? Can/will the output be controlled remotely?
Submit a copy of expected inverter manufacturer’s specification sheet.
Maximum Three Phase Fault Current (amps):
Maximum Three Phase Fault Duration (milliseconds):
Maximum Single Line to Ground Fault Current (amps):
Maximum Single Line to Ground Fault Duration (milliseconds):
Total percent Harmonic Current Distortion found at the Point of Interconnection:
If simplified one-line diagram is different than below, please mark the difference(s).
Generator
Interconnection
Tie Line
Main
Transformer(s)
Collector
System
Equivalent
Inverter Step-up
Transformer
PV Inverter
Point of
Interconnection
Dynamic Reactive
Device

Collector System Equivalent Model
a)
b)
c)
d)
e)
f)
g)
h)

Fixed Reactive
Device
Collector system voltage =
kV
Collector system equivalent model rating at 95F ambient =
MVA
R1 =
ohm or
pu on 100 MVA and collector kV base (positive sequence)
X1 =
ohm or
pu on 100 MVA and collector kV base (positive sequence)
B1 =
F or
pu on 100 MVA and collector kV base (positive sequence)
R0 =
ohm or
pu on 100 MVA and collector kV base (zero sequence)
X0 =
ohm or
pu on 100 MVA and collector kV base (zero sequence)
B0 =
F or
pu on 100 MVA and collector kV base (zero sequence)
Inverter Step-Up Transformers
a) Number of inverter step-up transformers:
Rating:
MVA
Two-Winding Inverter Step-Up Transformer Data (as applicable):
b) Nominal Voltage for each winding (Low/High):
/
kV
c) Winding Connections (Low/High): Delta or Wye / Delta or Wye
d) Available tap positions:
/
/
/
/
kV or
%
e) Positive sequence impedance (Z1)
%,
X/R on MVA rating above.
f) Zero sequence impedance (Z0)
%,
X/R on MVA rating above.
# of taps.
Three-Winding Inverter Step-Up Transformer Data (as applicable):
g) Provide step-up connection and winding diagram and mark to reference this form.
Attachment G: PPA - Example RFP Submittal Forms
60
Alabama Power RFP
September 27, 2016
H Winding Data
Full load ratings
(i.e., OA/FA/FA)
/
Rated high side voltage
base
Tap positions available
/
/
Y Winding Data
/
/
/
MVA
MVA
MVA
kV
Delta or Wye
connected
kV
Delta or Wye
connected
kV
Delta or Wye
connected
/
/
X Winding Data
/
/
/
Present Tap Setting
(if applicable)
Neutral solidly
grounded? (or) Neutral
Grounding Resistor (if
applicable)
BIL rating
kV
/
/
/
/
kV
/
/
/
kV
kV
kV
kV
ohms
ohms
ohms
kV
kV
kV
Three-Winding Inverter Step-Up Transformer Impedance Data (as applicable)
H-X Winding Data
Transformer base for
impedances provided
Positive sequence impedance
Z1
Zero sequence impedance Z0
H-Y Winding Data
MVA
X-Y Winding Data
MVA
MVA
%
X/R
%
X/R
%
X/R
%
X/R
%
X/R
%
X/R
VIII. Rotating Generator Interconnection Data (e.g., Biomass fueled Facilities)
NOTE: If specific requested data below is not applicable/available, indicate by marking "N/A”.

Unit Rating Data
MVA
°F
Power Factor
Voltage
Speed (RPM)
Connection (e.g., Wye)
Short Circuit Ratio
Frequency, Hertz
Stator Amperes at Rated MVA
Field Volts
Attachment G: PPA - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
Maximum Gross Turbine MW at 95°F
Maximum Gross Reactive production at Maximum MW
output (95°F) and rated voltage
Maximum Gross Reactive absorption at Maximum MW
output (95°F) and rated voltage

Combined Turbine-Generator-Exciter Inertia Data
Inertia Constant, H
kW sec/kVA
or
Moment-of-Inertia, WR2
lb. ft.2

Reactance Data (per unit-rated kVA)


MVAR
MVAR
DIRECT AXIS
QUADRATURE AXIS
Synchronous – saturated
Xdv
Xqv
Synchronous – unsaturated
Xdi
Xqi
Transient – saturated
X'dv
X'qv
Transient – unsaturated
X'di
X'qi
Subtransient – saturated
X"dv
X"qv
Subtransient – unsaturated
X"di
X"qi
Negative Sequence – saturated
X2v
Negative Sequence – unsaturated
X2i
Zero Sequence – saturated
X0v
Zero Sequence – unsaturated
X0i
Leakage Reactance
Xlm
Field Time Constant Data (SEC)
Open Circuit
T'do
T'qo
Three-Phase Short Circuit Transient
T'd3
T'q
Line to Line Short Circuit Transient
T'd2
Line to Neutral Short Circuit Transient
T'd1
Short Circuit Subtransient
T"d
T"q
Open Circuit Subtransient
T"do
T"qo
Armature Time Constant Data (SEC)
Three Phase Short Circuit
Ta3
Line to Line Short Circuit
Ta2
Attachment G: PPA - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
Line to Neutral Short Circuit

Ta1
Armature Winding Resistance Data (per unit)
Positive R1
Negative R2
Zero
Rotor Short Time Thermal Capacity I22t =
Field Current at Rated MVA, Armature Voltage and PF =
amps
Field Current at Rated MVA and Armature Voltage, 0 PF =
amps
Three Phase Armature Winding Capacitance =
microfarad
Field Winding Resistance =
ohms
°C
Armature Winding Resistance (Per Phase) =
ohms
°C

Excitation System Data
Identify appropriate IEEE or PTI model block diagram of excitation system and power system stabilizer
(PSS) for computer representation in power system stability simulations and the corresponding
excitation system and PSS constants for use in the model.

Curves
Provide Generator Vendor Data Sheets, Reactive Capability Curve @ 95°F, and Generator Saturation
Curves, as available.
Attachment G: PPA - Example RFP Submittal Forms
63
Alabama Power RFP
September 27, 2016
PPA Bid Price
Bids will be evaluated on an energy only pricing basis (i.e., no other payments or charges for capacity,
ancillary services, environmental attributes, or any other aspect of the project). Each proposal should
be priced in nominal $/MWh. The project should have a COD date targeted for March 31, 2019 or
earlier. A contract term of either 10 or 25 years (or both) can be proposed. For each year a fixed price
in $/kWh with the annual expected energy output will need to be provided as shown in the example
table below.
The proposed prices must include all costs associated with the proposed project up to the point where
the project facilities will connect to the interconnection facilities to be constructed and owned by Alabama
Power (i.e., the point of change in ownership), including but not limited to energy, variable and fixed
operations and maintenance costs, all associated renewable and environmental attributes, and expected
return or mark-up on the project.
Year #
Year
Annual Energy Delivery (kWh/year)
Price($/kWh)
Price ($/kWh)
1
$0.00
$0.00
2
$0.00
$0.00
3
$0.00
$0.00
4
$0.00
$0.00
5
$0.00
$0.00
6
$0.00
$0.00
7
$0.00
$0.00
8
$0.00
$0.00
9
$0.00
$0.00
10
$0.00
$0.00
11
$0.00
12
$0.00
13
$0.00
14
$0.00
15
$0.00
16
$0.00
17
$0.00
18
$0.00
19
$0.00
20
$0.00
21
$0.00
22
$0.00
23
$0.00
24
$0.00
25
$0.00
Attachment G: PPA - Example RFP Submittal Forms
64
Alabama Power RFP
September 27, 2016
Other Considerations
Attachment B lists a few examples of non-price and other qualitative attributes that may be considered
during the evaluation process. Please discuss below (in 150 words or less) any qualitative attributes that
you feel should be considered in the evaluation of your proposed project. These attributes will be
considered if there are projects with economic analyses that yield very similar results.
Attachment G: PPA - Example RFP Submittal Forms
65
Alabama Power RFP
September 27, 2016
Attachment H: Turnkey Project –
Example RFP Bid Submittal Forms
These forms are examples of the forms that will be made available through the RFP SharePoint site.
1.
2.
3.
4.
5.
6.
7.
General information
Facility Information
Environmental Assessment Questionnaire
Production Profile (“8760”)
Interconnection Information Summary
Turnkey Bid Price
Other Considerations
For each project submitted, there will be a nonrefundable bidder evaluation fee of $5,000.
If the same project is being submitted with a change to the business arrangement, the additional proposal
must have a separate bid evaluation fee of $2,500.
Attachment H: Turnkey - Example RFP Submittal Forms
66
Alabama Power RFP
September 27, 2016
General Information
Date of Submittal
Bidder Name
Bidder Address
City
State
Country
Zip Code
Bidder Contact Name
Title
Bidder Office Phone#
Mobile Phone#
Bidder Email Address
Facility Name
Facility Address
City
County
State
Zip Code
Latitude/Longitude
Type of resource
Does this resource meet the requirements under the RFP (y/n)?
Expected Start Date of Construction month/yr)
Expected COD (month/yr) *
* The operational date of the project should be targeted for March 31, 2019 or earlier.
Attachment H: Turnkey - Example RFP Submittal Forms
67
Alabama Power RFP
September 27, 2016
Facility Information
Facility Name
Nameplate Capacity (MWac)
Expected Annual Energy (MWh)*
Expected Capacity Factor (%)
Forced Outage Rate (%)
Plant Life (years)
* Proposals are for projects at least 5 MWac but no greater than 80 MWac in size. The “Expected Annual
Energy” should match the provided Production Profile.
Technology
Biomass
Technology (i.e., anaerobic digestion, gasification)
Primary Fuel Source
Secondary Fuel Source
Landfill Gas
Technology
Do you have gas rights? (n/y)
Term of gas rights? (years)
Low-Impact Hydro
Technology
Water body
Solar (NOTE:
PV
A PVSYST analysis must be submitted with each solar PV proposal, using TMY2 weather data)
Array Type (fixed tilt, single or dual axis tracking)
Racking (ballasted or non-ballasted)
DC to AC Ratio**
System Degradation rate (%/yr)
For fixed tilt or single axis tracking:
Array Tilt (degrees)
Azimuth (degrees with south being 180 degrees)
Panel Technology
Panel Manufacturer/Model
Inverter Manufacturer/Model
** Nameplate DC capacity divided by the inverter's nameplate AC capacity
Attachment H: Turnkey - Example RFP Submittal Forms
68
Alabama Power RFP
September 27, 2016
Solar Thermal
System Manufacturer
Configuration
Wind
Turbine Manufacturer
Turbine Model
Number of Turbines
Met Tower Data Included (n/y)
Source & Basis of Met Data
Other Technology***
Technology
Description
*** Refer to the "Definition of Renewable Energy Resources and Environmentally Specialized Generating Resources”- for
a listing of other applicable technologies.
Land
Do you have site control for total project (y/n)?
Owned or Leased? ****
Term of Lease (yr)
Legal description of land
**** Supporting documentation must be provided to describe the nature of the possession of the real property at the time
of construction as either fee simple ownership or lease (i.e., copy of option contract; copy of deed; copy of lease
agreement).
Attachment H: Turnkey - Example RFP Submittal Forms
69
Alabama Power RFP
September 27, 2016
Please select all of the following types of information currently available for the real property. If
selected, please include a copy of supporting documentation.
Title Insurance / Commitment
Phase 1 Environmental assessment
Title Abstract
Wetlands Delineation
ALTA Survey
Threatened & Endangered Species Report
Boundary and/or Topographic Survey
Geotechnical Analysis
If information is not currently available, please select all of the following types of information that could
be provided prior to execution of the contract.
Title Insurance / Commitment
Phase 1 Environmental assessment
Title Abstract
Wetlands Delineation
ALTA Survey
Threatened & Endangered Species Report
Boundary and/or Topographic Survey
Geotechnical Analysis
Attachment H: Turnkey - Example RFP Submittal Forms
70
Alabama Power RFP
September 27, 2016
Attachment H: Turnkey - Example RFP Submittal Forms
71
Alabama Power RFP
September 27, 2016
Attachment H: Turnkey - Example RFP Submittal Forms
72
Alabama Power RFP
September 27, 2016
Production Profile
A delivered production profile in an 8760 format (365 days x 24 hours) must be included in the
proposal to be considered. In generating the production profile:
 the hour 0 should be the energy production from midnight to 1:00 am CST;
 no correction for daylight savings time should be made in the profile;
 the production should be shown as the first twelve (12) months of production (no
degradation); and
 at the point of delivery, the production should be reported under Standard Test Conditions;
and at no time should the energy output (MWh) exceed the proposed maximum capacity of
the facility. If so, the profile will be subject to adjustments. For example, the expected energy
output (MWh) of an 80 MWac facility cannot be greater than 80 MWac at any time. An
example of the input form is listed below.
Month
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Day
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Hour
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Energy Production
(MWac or kWac)
Attachment H: Turnkey - Example RFP Submittal Forms
73
Alabama Power RFP
September 27, 2016
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
23
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
…………………………………..
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
31
31
31
31
31
31
31
31
31
31
31
31
31
31
31
31
31
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Attachment H: Turnkey - Example RFP Submittal Forms
74
Alabama Power RFP
September 27, 2016
Interconnection Information Summary
Proposals submitted in response to this RFP must have the projected generation resources located in the
State of Alabama and interconnected with the Company’s transmission or distribution system.
NOTE: THIS INTERCONNECTION DATA SUBMITTAL FORM WILL BE USED TO ASSIST IN PERFORMING BID
EVALUATION(S) IN THE RFP, PARTICULARLY IN ASSESSING TRANSMISSION AND/OR DISTRIBUTION
COSTS. ALTERNATIVE OR ASSUMED INTERCONNECTION DATA MAY BE UTILIZED IN THE BID
EVALUATION PROCESS IF SUCH DATA IS NOT PROVIDED BELOW, OR IS OTHERWISE DEEMED
APPROPRIATE OR INADEQUATE FOR USE IN THE TRANSMISSION AND/OR DISTRIBUTION EVALUATIONS.
FURTHERMORE, THIS FORM DOES NOT CONSTITUTE AN INTERCONNECTION REQUEST.
INTERCONNECTION REQUESTS MUST BE SUBMITTED SEPARATELY TO THE COMPANY PURSUANT TO
THE APPLICABLE INTERCONNECTION PROCESS.
I. Interconnection Location (Applicable to all generator types)
 Distribution or Transmission Proposed Interconnection
 Proposed Location/Substation
 Address
 City
 County
 State
 Latitude/Longitude

A map indicating the Facility location and known or proposed interconnection to the transmission or
distribution system. All known descriptions, drawings or details are beneficial in the evaluation of
bids.
II. Interconnection Costs (Applicable to all generator types)
 Provide the assumptions regarding the interconnection costs included in the bid price (i.e. costs up
to the change in ownership at the interconnection location on the transmission or distribution
system). Each Bidder is encouraged to provide details of these costs.
III. Status of Interconnection Agreement (Applicable to all generator types)


Interconnection Request Submitted? (y/n)
If yes, date of submittal:
If yes, interconnection request number:
Detailed description of the interconnection arrangements that have been or will be made to effect
delivery to Alabama Power’s electric system.
Attachment H: Turnkey - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
IV. General Interconnection Data (Applicable to all generator types)
 Provide a site single line diagram showing the configuration and
interconnection for equipment up to the point of change of ownership with the existing
transmission or distribution system. (For inverter based generation, include all PV Panel sets,
inverters, interposing/inverter step-up transformers, etc.)
 What is the maximum kW-AC at the point of delivery?
 Will the Facility meet Alabama Power’s Generator Operating Requirements (e.g., reactive power,
power quality)? Note: such requirements for generators interconnecting to the transmission system
can be found on Southern Company’s OASIS site.
 Describe the Facility’s reactive power capability:
 Provide a copy of the site relay list and trip scheme, which shall include all protection, synchronizing,
and auxiliary relays required to operate in a safe and reliable manner.
V. Generator Interconnection Tie Line Data (Applicable to all generator types)
NOTE: If specific requested data below is not applicable, indicate by marking "N/A”. If the facility is located
directly adjacent to the proposed interconnection location, such that any generator tie length is negligible,
also indicate by marking "N/A”.
a)
b)
c)
d)
e)
f)
g)
Line voltage:
kV, line rating at 95F ambient:
MVA, line length:
R1 =
ohm or
pu on 100 MVA and line kV base (positive sequence)
X1 =
ohm or
pu on 100 MVA and line kV base (positive sequence)
B1 =
F or
pu on 100 MVA and line kV base (positive sequence)
R0 =
ohm or
pu on 100 MVA and line kV base (zero sequence)
X0 =
ohm or
pu on 100 MVA and line kV base (zero sequence)
B0 =
F or
pu on 100 MVA and line kV base (zero sequence)
Miles/Feet
VI. GSU/Main Transformer Data (Applicable to all generator types)
NOTE: If specific requested data below is not applicable/available, indicate by marking "N/A”.

Number of GSU/Main transformers:
Two-Winding GSU/Main Transformer Data (as applicable):
a) Rating (OA/FA/FA):
/
/
MVA
b) Nominal Voltage for each winding (Low/High):
/
kV
c) Winding Connections (Low/High): Delta or Wye / Delta or Wye
d) Available tap positions:
/
/
/
/
kV or
%
# of taps.
e) Positive sequence impedance Z1:
%,
X/R on self-cooled (OA) MVA rating above.
f) Zero sequence impedance Z0:
%,
X/R on self-cooled (OA) MVA rating above.
g) For pad mount transformer, construction: 3 / 4 / 5 -legged
Three-Winding GSU/Main Transformer Data (as applicable):
h) GSU/Main transformer connection and diagram and mark to reference this form.
Attachment H: Turnkey - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
H Winding Data
Full load ratings
(i.e., OA/FA/FA)
/
Rated high side voltage
base
Tap positions available
Present Tap Setting
(if applicable)
Neutral solidly
grounded? (or) Neutral
Grounding Resistor (if
applicable)
BIL rating
/
/
Y Winding Data
/
/
/
MVA
MVA
MVA
kV
Delta or Wye
connected
kV
Delta or Wye
connected
kV
Delta or Wye
connected
/
/
X Winding Data
/
/
/
kV
/
/
/
/
kV
/
/
/
kV
kV
kV
kV
ohms
ohms
ohms
kV
kV
kV
Three-Winding GSU/Main Transformer Impedance Data (as applicable):
H-X Winding Data
Transformer base for
impedances provided
Positive sequence impedance
Z1
Zero sequence impedance Z0
H-Y Winding Data
MVA
X-Y Winding Data
MVA
MVA
%
X/R
%
X/R
%
X/R
%
X/R
%
X/R
%
X/R
VII. Inverter-Based Generator Interconnection Data (Inverter Based Generators e.g., Solar PV)
NOTE: If specific requested data below is not applicable/available, indicate by marking "N/A”.
 Generator is inverter based (YES/NO):
 Inverters are UL1741 certified (TRUE/FALSE):
 Inverters meet IEEE1547 Standard (TRUE/FALSE):
 Number of Inverters:
 Inverter Manufacturer:
 Inverter Nominal AC Power:
 Inverter Model:
 Inverter grounding method:
 Will inverters be programmed to limit the output capability?
Attachment H: Turnkey - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016










Minimum Short Circuit Ratio to which the Facility is designed to reliably
operate?
Short Circuit Ratio is calculated by dividing the short circuit
MVA capacity at the Point of Interconnection by the maximum MW output of the Facility.
Will the Facility have the capability to curtail its output without disconnecting?
Describe the Facility’s capability to curtail its output if called upon. How will the output be reduced?
What will be the response time for curtailment? Can/will the output be controlled remotely?
Submit a copy of expected inverter manufacturer’s specification sheet.
Maximum Three Phase Fault Current (amps):
Maximum Three Phase Fault Duration (milliseconds):
Maximum Single Line to Ground Fault Current (amps):
Maximum Single Line to Ground Fault Duration (milliseconds):
Total percent Harmonic Current Distortion found at the Point of Interconnection:
If simplified one-line diagram is different than below, please mark the difference(s).
Generator
Interconnection
Tie Line
Main
Transformer(s)
Collector
System
Equivalent
Inverter Step-up
Transformer
PV Inverter
Point of
Interconnection
Dynamic Reactive
Device

Collector System Equivalent Model
a)
b)
c)
d)
e)
f)
g)
h)

Fixed Reactive
Device
Collector system voltage =
kV
Collector system equivalent model rating at 95F ambient =
MVA
R1 =
ohm or
pu on 100 MVA and collector kV base (positive sequence)
X1 =
ohm or
pu on 100 MVA and collector kV base (positive sequence)
B1 =
F or
pu on 100 MVA and collector kV base (positive sequence)
R0 =
ohm or
pu on 100 MVA and collector kV base (zero sequence)
X0 =
ohm or
pu on 100 MVA and collector kV base (zero sequence)
B0 =
F or
pu on 100 MVA and collector kV base (zero sequence)
Inverter Step-Up Transformers
a) Number of inverter step-up transformers:
Rating:
MVA
Two-Winding Inverter Step-Up Transformer Data (as applicable):
b) Nominal Voltage for each winding (Low/High):
/
kV
c) Winding Connections (Low/High): Delta or Wye / Delta or Wye
d) Available tap positions:
/
/
/
/
kV or
%
e) Positive sequence impedance (Z1)
%,
X/R on MVA rating above.
f) Zero sequence impedance (Z0)
%,
X/R on MVA rating above.
# of taps.
Three-Winding Inverter Step-Up Transformer Data (as applicable):
g) Provide step-up connection and winding diagram and mark to reference this form.
Attachment H: Turnkey - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
H Winding Data
Full load ratings
(i.e., OA/FA/FA)
/
Rated high side voltage
base
Tap positions available
/
/
Y Winding Data
/
/
/
MVA
MVA
MVA
kV
Delta or Wye
connected
kV
Delta or Wye
connected
kV
Delta or Wye
connected
/
/
X Winding Data
/
/
/
Present Tap Setting
(if applicable)
Neutral solidly
grounded? (or) Neutral
Grounding Resistor (if
applicable)
BIL rating
kV
/
/
/
/
kV
/
/
/
kV
kV
kV
kV
ohms
ohms
ohms
kV
kV
kV
Three-Winding Inverter Step-Up Transformer Impedance Data (as applicable)
H-X Winding Data
Transformer base for
impedances provided
Positive sequence impedance
Z1
Zero sequence impedance Z0
H-Y Winding Data
MVA
X-Y Winding Data
MVA
MVA
%
X/R
%
X/R
%
X/R
%
X/R
%
X/R
%
X/R
VIII. Rotating Generator Interconnection Data (e.g., Biomass fueled Facilities)
NOTE: If specific requested data below is not applicable/available, indicate by marking "N/A”.

Unit Rating Data
MVA
°F
Power Factor
Voltage
Speed (RPM)
Connection (e.g., Wye)
Short Circuit Ratio
Frequency, Hertz
Stator Amperes at Rated MVA
Field Volts
Attachment H: Turnkey - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
Maximum Gross Turbine MW at 95°F
Maximum Gross Reactive production at Maximum MW
output (95°F) and rated voltage
Maximum Gross Reactive absorption at Maximum MW
output (95°F) and rated voltage

Combined Turbine-Generator-Exciter Inertia Data
Inertia Constant, H
kW sec/kVA
or
Moment-of-Inertia, WR2
lb. ft.2

Reactance Data (per unit-rated kVA)


MVAR
MVAR
DIRECT AXIS
QUADRATURE AXIS
Synchronous – saturated
Xdv
Xqv
Synchronous – unsaturated
Xdi
Xqi
Transient – saturated
X'dv
X'qv
Transient – unsaturated
X'di
X'qi
Subtransient – saturated
X"dv
X"qv
Subtransient – unsaturated
X"di
X"qi
Negative Sequence – saturated
X2v
Negative Sequence – unsaturated
X2i
Zero Sequence – saturated
X0v
Zero Sequence – unsaturated
X0i
Leakage Reactance
Xlm
Field Time Constant Data (SEC)
Open Circuit
T'do
T'qo
Three-Phase Short Circuit Transient
T'd3
T'q
Line to Line Short Circuit Transient
T'd2
Line to Neutral Short Circuit Transient
T'd1
Short Circuit Subtransient
T"d
T"q
Open Circuit Subtransient
T"do
T"qo
Armature Time Constant Data (SEC)
Three Phase Short Circuit
Ta3
Line to Line Short Circuit
Ta2
Attachment H: Turnkey - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
Line to Neutral Short Circuit

Ta1
Armature Winding Resistance Data (per unit)
Positive R1
Negative R2
Zero
Rotor Short Time Thermal Capacity I22t =
Field Current at Rated MVA, Armature Voltage and PF =
amps
Field Current at Rated MVA and Armature Voltage, 0 PF =
amps
Three Phase Armature Winding Capacitance =
microfarad
Field Winding Resistance =
ohms
°C
Armature Winding Resistance (Per Phase) =
ohms
°C

Excitation System Data
Identify appropriate IEEE or PTI model block diagram of excitation system and power system stabilizer
(PSS) for computer representation in power system stability simulations and the corresponding
excitation system and PSS constants for use in the model.

Curves
Provide Generator Vendor Data Sheets, Reactive Capability Curve @ 95°F, and Generator Saturation
Curves, as available.
Attachment H: Turnkey - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
Turnkey Bid Price
Bids will be evaluated on the total cost of the project and submitted as nominal dollars. Each proposal
must include all costs associated with the proposed resource, up to the point where the project facilities
will connect to the interconnection facilities to be constructed and owned by Alabama Power (i.e., the
point of change in ownership), including but not limited to costs associated with land, site preparation,
delivering energy to the Company’s transmission or distribution system, and expected return or mark-up
on the project. The following is a breakdown of costs, by component, in dollars that will be required along
with the total cost of the bid submittal:
Site Preparation ($)
Interconnection ($)
Fencing (equipment & labor) ($)
All other costs (including racking, panels, inverters, wiring, construction labor) ($)
TOTAL Project Costs excluding land ($)
Land (acres)
Land (lease or purchase)
Land Cost if purchase ($)
Land cost if lease
First year cost ($/year)
with Escalation (%)
Years
=
In addition to the cost of the project, an annual energy projection for all years of the expected life of the
project will be required. An example input form is shown below. The first twelve (12) months (i.e., Year
1) should match the production profile provided and match the production profile calculated using the
system degradation.
Year #
Year
Expected Annual
Energy Delivery (MWh or kWh)
1
2
3
……………….
Last year of project life
Attachment H: Turnkey - Example RFP Submittal Forms
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Alabama Power RFP
September 27, 2016
Other Considerations
Attachment B lists a few examples of non-price and other qualitative attributes that may be considered
during the evaluation process. Please discuss below (in 150 words or less) any qualitative attributes that
you feel should be considered in the evaluation of your proposed project. These attributes will be
considered if there are projects with economic analyses that yield very similar results.
Attachment H: Turnkey - Example RFP Submittal Forms
83