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ATTACHMENT
V
Standard
Offer Service Proposal - Contingencies
This Proposal
submitted by Bidder to provide standard offer service at the prices described
in Attachments I through VI is made subject to the acceptance by the Commission
of the following conditions as expressly stated herein, without modification
except upon the written agreement of the Bidder. The Commission’s order
designating the Bidder as a standard offer provider (the “Provider”) shall
expressly incorporate each of the conditions stated herein (the “Order”).
Upon
such acceptance and designation, the Bidder’s resulting rights and obligations
as Provider shall consist of (i) the applicable and material provisions of
Maine law and regulations, and provisions of the RFP; (ii) the Order, incorporating
the express conditions of this Proposal; (iii) the Standard Offer Provider
Standard Service Agreement described below; and (iv) the Security Agreement
described below (collectively, the “Standard Offer Obligation”). In the event of any conflict or
inconsistency between the terms and conditions of the Order and any other terms
and conditions described above, the terms and provisions of the Order shall
prevail and be given priority. Subject
to the foregoing, the several documents and instruments forming the Standard
Offer Obligation are to be taken as mutually explanatory of one another and in
the case of ambiguities or discrepancies within or between such parts the same
shall be explained and interpreted, if possible, in a manner which gives effect
to each part and which avoids or minimizes conflicts among such parts.
Contingencies:
1. Acceptance
by MPUC of Proposal. Acceptance by
the Maine Public Utilities Commission (the “MPUC”) of this Proposal by 4:30
p.m. Eastern Prevailing Time of January 22, 2003 (the “Period”). The MPUC’s
acceptance must be sent by facsimile (860-665-2666) to the attention of
Christopher Jordan, and time stamped within the Period.
Such
acceptance shall include the award to Bidder of up to 100% of the following
classes in the indicated service territories:
Proposal Class
I. Fixed Price CMP - Medium Commercial Class
II. Fixed Price CMP - Large Commercial Class
III. Fixed Price BHE - Medium Commercial Class
IV. Fixed Price BHE - Large Commercial Class
The
MPUC may accept up to one Proposal for the Medium Commercial Class and one
Proposal for the Large Commercial Class as submitted by Bidder, unless
otherwise agreed to by Bidder.
Bidder
will provide an incentive discount in the amount of 30 cents/MWh on both the
Medium and Large Commercial Classes, provided that the MPUC awards to Bidder a
percentage of each Class where such percentage for the Medium Commercial Class
does not exceed that of the Large Commercial Class.
2. Standard
Offer Provider Standard Service Agreement.
Agreement in full by all parties, which are Bangor Hydro-Electric
Company and Central Maine Power Company (“the T&Ds”) and the Provider
(collectively, the “Parties”), and the MPUC to all terms and conditions of the
Standard Offer Provider Standard Service Agreement as amended pursuant to
current and ongoing discussion with the T&Ds and the MPUC (“Contract”). The
named T&D shall execute, deliver and perform the Contract between Bidder
and T&D in the form delivered to the Commission with the Proposal on or
before the Proposal Expiration Date.
3. Security. Acceptance by the
MPUC of the guarantee submitted with this Proposal as satisfying the conditions
of Chapter 301 of the MPUC Rules and Regulations and the RFP.
4. Confidentiality
of Bidder Identification. The Commission agrees not to reveal the
identity of the Bidder prior to the date which is two (2) weeks after the date
of the Order designating Bidder as Provider.
5. MPUC
Rules; T&D Provisions. The MPUC shall, at Bidder/Provider’s request, waive the
application of any change and continue to apply to Bidder/Provider the
provisions, in effect as of January 2002 unless subsequent revisions are
acceptable to Bidder/Provider, of the following MPUC Rules and Regulations, as
well as the T&D Specific Provisions included as Exhibit A to the Contract
and Section 43 (for Central Maine Power Company) and Sections 19 and 20 (for
Bangor Hydro-Electric Company) of the T&D’s Terms and Conditions,
throughout the Term of the Contract:
Chapter
301, § 2(A)(2) Standard
Offer Classes
Chapter
301, § 3 Eligibility and
Obligations of Standard Offer Service Providers
Chapter
301, § 4(D) Allocation
of Uncollectible Accounts
Chapter
301, § 5(A) Power
Delivery
Chapter
301, § 5(B) Billing
and Metering
Chapter
301, § 5(C) Administration
and Service Connections and Terminations
Chapter
301, § 5(D) Standard
Contract
Chapter
311, § 3(B) Annual
Obligation
Chapter
321, § 4 Load
Profiles
Chapter
321, § 5 Daily
Estimation of Hourly Load
Chapter
321, § 7 Information
Access
Chapter
322, § 3(A)(B) Consolidated
Billing
Chapter
322, § 5(C) Meter
Reading
6. Termination.
Bidder’s obligation to provide standard offer service may
terminate upon the happening of any contingency (for which termination is a consequence)
set forth in a Proposal or at the Bidder’s option if the necessary Contract(s)
become(s) ineffective or if the MPUC promulgates, enacts or amends any rules or
regulations or otherwise causes any changes to occur which materially affect
the Bidder’s ability to provide Standard Offer Service including but not
limited to material impact on the cost to the Bidder of providing such service;
provided that the Bidder, after being notified by the Commission in a timely
fashion by a Notice of Rulemaking or Notice of Proceeding sent directly to
Bidder, informs the MPUC within the comment period provided for in said Notice
of Rulemaking or Notice of Proceeding pursuant to MPUC procedures that a matter
under consideration would have a material affect on the Bidder’s ability to
provide Standard Offer Service.