FAQs
CBP Rules
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FAQ-13:
Can an entity that is not a Load Serving Entity (“LSE”) participate as part of a bidding agreement if it will not be nominated as the single party to the bidding agreement? If yes, can that same entity participate with one of its affiliate entities that is designated as an LSE?
There is no requirement for an Applicant to be a Load Serving Entity ("LSE") at the Part 1 Application stage. If an Applicant is not currently an LSE, the Applicant must certify that there exist no impediments for the Applicant to be qualified as a PJM LSE should the Applicant become an SSO Supplier.
Your second question of whether an entity can participate with an affiliate in a bidding agreement or other arrangement pertaining to the auction cannot be answered in the abstract. For information, please refer to the CBP Rules as well as the Rules and Protocols for Participation by Associated Bidders posted to the "Documents" page of the "Information" tab.
04/01/2015 in CBP Rules
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FAQ-12:
Can you provide an approximate weighting of Qualified Bidders who are bidding independently versus bidding as part of a bidding agreement?
Applicants that submit a successful Part 1 Application receive with the Part 1 Notification a list of all Qualified Bidders. If there is a bidding agreement or any other arrangement involving joint or coordinated bidding between two Parties ("Party A" and "Party B") and their Part 1 Application is successful, then the Qualified Bidder will be provided as "Party A and Party B".
The list of Qualified Bidders and the list of Registered Bidders are confidential. Please see the CBP Rules for the certifications that Qualified Bidders must make NOT to release this information. Similarly, the Auction Manager keeps this information confidential.
04/01/2015 in CBP Rules
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FAQ-10:
After the Part 1 Window closes, can a bidder change its election from the Part 1 Application to either bid independently or to bid as a party to a bidding agreement with another party or through any other arrangement involving joint or coordinated bidding with any other party?
In Section 1.9 of the Part 1 Application, a bidder is asked to state whether the bidder is applying to bid independently or whether the bidder is applying to bid as a party to a bidding agreement with another party or through any other arrangement involving joint or coordinated bidding with any other party. This election is only offered in the Part 1 Application; once this election is made, it cannot be changed. A bidder may not submit a Part 1 Application bidding independently and declare a bidding agreement or other arrangement after being qualified and conversely, a bidder may not declare a bidding agreement in the Part 1 Application and then change this election to bidding independently.
If there is a bidding agreement or any other arrangement involving joint or coordinated bidding between two Parties ("Party A" and "Party B") and the Part 1 Application is successful, then the Qualified Bidder is "Party A and Party B". It is not the case that Party A is a Qualified Bidder and Party B is another Qualified Bidder; rather, Party A and Party B together respond to the qualification requirements and thus the status of a single Qualified Bidder goes to both parties jointly.
Section 1.8 of the Part 1 Application requires the bidder to certify that "if the Applicant becomes a Qualified Bidder, the Applicant will not substitute another entity in its place, transfer its rights to another entity, or otherwise assign its status as a Qualified Bidder to another entity. The Applicant agrees that any such substitutions, transfers, or assignments shall be null and void and may result in the Applicant's exclusion from auction." If there is a bidding agreement between the Parties and "Party A and Party B" is the Qualified Bidder, that Qualified Bidder cannot assign its status to only one of the two parties.
If you are submitting the Part 1 Application under a bidding agreement, please contact the Auction Manager for information regarding the portions of the Part 1 Application that are required to be completed by one of the parties and the portions that must be completed by all parties.
03/31/2015 in CBP Rules
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FAQ-9:
In #P1-H Certifications Insert, the Applicant must certify that “the Applicant and its corporate officers have no criminal convictions”. What convictions are considered criminal?
A criminal conviction is the result of a criminal proceeding in which the defendant has been found guilty (including without limitation, on a verdict of guilty, a plea of guilty, or a plea of nolo contendere). This includes all crimes. If the Applicant cannot make this certification, please list all reasons in the box provided for this purpose.
03/31/2015 in CBP Rules
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