Section 407-307-6 - REQUIREMENTS FOR REQUESTS FOR BIDS, BIDDING AND SALEA. Asset Categories The Request for Bids shall permit bidders to provide separate bids for any of the following individual categories, or a single bid for any combination (including all) of the following categories:
1. Hydroelectric and biomass sources which qualify as a renewable resource under 35-A M.R.S.A. §3210;2. Other sources which qualify as a renewable resource under 35-A M.R.S.A. §3210;3. Nuclear power entitlements;4. Any other category or subcategory approved by the Commission pursuant to section 6(B)(3); or5. All other generation sources.B. Contents of Requests for Bids; Commission Approval1. Bidding Requirements Each request for bids shall state the bidding and pricing requirements contained in section 6(C).
2. Information At a minimum, the following information shall be provided with each Request for Bids issued pursuant to this Chapter:
a. a list of the contracts, entitlements, and ownership interests, the capacity and/or energy to which the utility has an entitlement and the date through which the entitlement is held;b. copies of all contracts enumerated; or, if providing copies of all contracts would be inconvenient because of their number and size, a statement describing a convenient location and times for viewing the contracts. Copies shall be provided or viewing permitted subject to any confidentiality requirements set forth in the contracts limiting bidders' use of any confidential information to the preparation of their bids;c. the on-peak period which shall be Monday through Friday from 7 A.M. to 11 P.M., except for holidays recognized by ISO-NE or the equivalent entity in the Maritimes Control Area and the off-peak period which shall be all other hours.d. for each facility whose output is subject to the bidding requirements of this Chapter, the facility's monthly capacity and energy output, including any ancillary services provided, in the most recent 3-year period, provided individually by the facility and in aggregate by each of the categories of assets and generation-related business activities listed in the request for bids; the monthly capacity and energy data shall be provided separately for the peak and off-peak periods described in subparagraph c;e. identification of the 12-month period that will be used for capacity and energy quantities used in the net present value calculation required by section 7(D);f. to the extent the utility has such actual knowledge at the time it issues the Request for Bids, for each facility whose output is subject to the bidding requirements of this Chapter, a description of any contractual provision or other factor that will have the effect of substantially changing the output of a facility during the bid period as compared to the output amounts provided pursuant to subsection (B)(2)(d) and a description of any subsequent divestiture that may apply during the bid period pursuant to Section (4)(B).g. a copy of the proposed standard contract between the utility and the purchaser of entitlements to capacity and energy required to be sold by this Chapter.3. Approval of Request for Bids and Standard Form Contract by Commission Each utility subject to this Chapter shall submit its proposed initial request for bids, including the proposed standard form contract and all other attachments, to the Commission on or before May 1, 1999. For subsequent requests for bids, each utility shall submit its proposed request three months prior to the issuance date of the request for bids. Approval and disapproval of the requests for bids is delegated to the Director of Technical Analysis. The Director shall provide notice to a utility of any questions, objections or grounds for rejection within 30 days after the filing of the proposed request for bids. The Director shall approve or disapprove the request for bids within 60 days after its filing and, if necessary, may order the utility to make specified changes.
C. Bid Pricing 1. Separate Categories Bidders may provide multiple bids. Any individual bid shall be for an individual category, a group of categories specified in the bid, or all categories. Bidders shall provide separate prices for each month of the period for which bids are requested. Bidders shall provide absolute prices and shall not define prices by formulae or by reference to an index.
2. Separate Pricing of Capacity and Energy Bids shall include separate prices for the capacity component in dollars per kilowatt month and the energy component in cents per kilowatt hour. Bids for both components shall include separate prices for peak and off-peak periods as defined in 6(B)(2)(c).
3. Bid Increments Bids may be in increments of 20%, 40%, 60%, 80% or 100% of the entire category. Any bid for a percentage of the entire category that is greater than 20% shall also include a bid for each 20% multiple up to the highest bid percentage. Bid prices may be different for each 20% increment. Bids shall be for a stated percentage of the capacity and energy available in the entire category, and not for stated amounts of capacity and energy.
65- 407 C.M.R. ch. 307, § 6