FAQs
Applications
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FAQ-203:
Section 8.2(a) of the Master SSO Supply Agreement requires each supplier to represent and warrant to AEP Ohio that “if organized outside the State of Ohio, [it] is qualified to conduct its business and is in good standing in Ohio”. Section 1.4 of the Part 1 Form requires each bidder to retain a Legal Representative in Ohio that is authorized and agrees to receive service of process on behalf of the bidder.For an Applicant organized outside the State of Ohio, is fulfilling the provisions from Section 1.4 of the Part 1 Form sufficient to meet the requirements in Section 8.2(a) of the Master SSO Supplier Agreement?
The provisions from Part 1.4 of the Part 1 Form regarding a bidder/supplier having a Legal Representative in Ohio that is authorized and agrees to receive service of process on behalf of the bidder are separate from and not related to whether a foreign corporation (organized outside of Ohio) has qualified itself to conduct business in Ohio and is in Good Standing. The Ohio Secretary of State can issue Certificates of Good Standing for foreign corporations after a license has been obtained. You should discuss and review these requirements with your legal counsel.You and your counsel can find more details about the requirements for foreign corporations in the Ohio Revised Code at the following link: http://codes.ohio.gov/orc/1703.
01/11/2019 in Applications
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FAQ-202:
Does the officer signing the Master SSO Supply Agreement need to be the same officer who signed documents during Part 1 and Part 2 applications?
No. Once the Commission accepts the results of the auction, winning bidders will be contacted directly by AEP Ohio for the execution of the Master SSO Supplier Agreement. The officer signing the Master SSO Supplier Agreement does not need to be the one signing documents during Part 1 and Part 2 applications.
01/04/2019 in Applications
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FAQ-199:
Can I change the nominees to receive electronic communication from the Auction Manger after the Part 2 Window closes? How can I do that?
The Representative of a bidder can use the Designation of Nominees Insert (#P1-3) at any time to provide contact information for up to three (3) Nominees to be included in electronic communications from the Auction Manger in addition to the Representative him/herself. Please resubmit the Nominee Insert by email to the Auction Manager with the updated contact information.
10/29/2018 in Applications
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FAQ-198:
For the November 2018 Auction, if a bidder is relying on the financial standing of a guarantor, can the bidder submit a “letter of intent to provide a guaranty” to meet the additional pre-bid security requirement?
For the November 2018 Auction, the amount of pre-bid security required is $500,000 per tranche. No additional pre-bid security is required for any bidder. As stated in Paragraph IV.2.9. of the CBP Rules, a bidder that relies on the financial standing of a guarantor may submit a “letter of intent to provide a guaranty” to meet the additional pre-bid security requirement when the maximum amount of pre-bid security required per tranche exceeds $500,000. This is not applicable to the November 2018 Auction.
10/29/2018 in Applications
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FAQ-197:
How do I calculate the amount of pre-bid security required with the Part 2 Application? Can I use the amount of the Independent Credit Threshold to reduce the amount of pre-bid security I am required to post with the Part 2 Application?
The Independent Credit Threshold (“ICT”) was provided to you so that you would be aware of the ICT that could be granted to you under the terms of the Master SSO Supply Agreement. There is no unsecured credit granted for pre-bid security purposes.For pre-bid security, the amount you have to provide with the Part 2 Application in the November 2018 Auction is $500,000 times the number of tranches in your indicative offer at the maximum starting price. You may submit cash or a letter of credit as pre-bid security. If using a pre-bid letter of credit, you must use the standard “Pre-Bid Letter of Credit” posted to the CBP website dated August 14, 2018 or include only those modifications listed in the Acceptable Modifications to Pre-Bid Security Documents dated October 9, 2018.
10/15/2018 in Applications
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FAQ-196:
For the November 2018 Auction, if a bidder is relying on its own financial standing but does not have sufficient unsecured credit, can the bidder submit a “letter of reference” to meet the additional pre-bid security requirement?
For the November 2018 Auction, the amount of pre-bid security required is $500,000 per tranche. No additional pre-bid security is required for any bidder. As stated in Paragraph IV.2.9. of the CBP Rules, a bidder that relies on its own financial standing and that does not have sufficient unsecured credit may submit a “letter of reference” to meet the additional pre-bid security requirement when the maximum amount of pre-bid security required per tranche exceeds $500,000. This is not applicable to the November 2018 Auction.
10/02/2018 in Applications
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FAQ-178:
We are a business that is authorized to receive and forward service of process on behalf of the bidder, how should we complete section 1.4 of the Part 1 Application?
For purposes of completing section 1.4 of the Part 1 Application, a representative agent is a business or individual with an address in Ohio that is authorized and agrees to receive service of process on behalf of the bidder. If a company agrees to accept service of process on behalf of the Applicant, the name and the contact information of an individual from that company must be provided in Section 1.4 of the Part 1 Form and that individual must sign the certification.In your case, you would check the box “no” when asked “Is the Applicant’s Representative also the Applicant’s legal counsel or a representative agent?” You would then proceed to fill in the information where it asks you to “Provide the contact information for the Applicant’s Legal Counsel or Representative Agent.” Lastly, you would complete Insert #P1-4 by checking “yes” to indicate a company has been retained to accept service of process and complete Part A of the insert.
01/23/2018 in Applications
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FAQ-175:
Do we need to complete the PJM Requirements Insert (Insert P1-5) for the Part 1 Application? Where can I find this insert?
To become a Qualified Bidder, an interested party must be qualified by PJM as a Market Buyer and Market Seller, and a PJM Load Serving Entity (“LSE”). If the Applicant is not currently qualified by PJM as a Market Buyer and Market Seller and is not a PJM LSE, then the Applicant must include the completed PJM Requirements Insert (#P1-5) with its Part 1 Application to certify that it has no impediments to become a Market Buyer, a Market Seller, and a PJM LSE by the start of the delivery period and that it undertakes to do so if it becomes an SSO Supplier.The PJM Requirements Insert (Insert P1-5) can be found in the zip file containing the Part 1 Inserts available on the Application Website: https://aepohiocbp-application.com/part-1-inserts/. Please submit this Insert by upload to the space reserved for this purpose in the first item of Section 1.5 of the online Part 1 Form.
01/23/2018 in Applications
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FAQ-163:
Do we need to provide a letter of reference if we are submitting a Letter of Credit for the full amount of pre-bid security required?
If you provide pre-bid security in the form of cash or a letter of credit in an amount of $800,000 per tranche of the indicative offer at the maximum starting price, you are not required to provide a letter of reference.
11/08/2017 in Applications
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FAQ-162:
For purpose of part 2 application, can you evaluate our draft Pre-Bid Letter of Credit before the bank issues an executed Pre-Bid Letter of Credit? Where can I find a list of acceptable modifications to the standard pre-bid letter of credit?
While comments to the Pre-Bid Letter of Credit are considered during the Part 1 Application process, AEP Ohio and the CBP Auction Manager only review executed Pre-Bid Letters of Credit during the Part 2 Window and do not review drafts. Please kindly refer to the final list of acceptable modifications to the Pre-Bid Security Documents for the November 2017 Auction posted to the CBP website under the Information – Document page on October 25, 2017 to check that the modifications to the standard format made by your bank are all on the list of modifications that are acceptable to AEP Ohio.
10/31/2017 in Applications
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