On April 26, 2019, the Illinois Power Agency (“IPA”) through its Illinois Solar for All (“ILSFA”) Program Administrator posted to the www.illinoissfa.com website:
A second draft of the ILSFA Utility REC Contract (the “Second Draft SFA (Utility) REC Contract”) proposed to be the standard contract form for the Illinois Solar for All Program between an Approved Vendor and Ameren Illinois Company (“AIC”), Commonwealth Edison Company (“ComEd”), or MidAmerican Energy Company (“MEC”).
The Second Draft SFA (Utility) REC Contract incorporates comments received on the first draft contract posted on March 25, 2019. The comments received on the first draft contract dated March 25, 2019 as well as a redline comparison showing incremental changes between the first draft contract and the Second Draft SFA (Utility) REC Contract are available on the ILSFA program website.
A draft of the ILSFA IPA REC Contract (the “Draft SFA (IPA) REC Contract”) proposed to be the standard contract form for the Illinois Solar for All Program between an Approved Vendor and the IPA.
The Draft SFA (IPA) REC Contract features the IPA as the counterparty (and thus incorporates various forms, disclosures, and standard terms and requirements required under Illinois law). These requirements are attached as:
Exhibit K – Illinois State Requirements
• Exhibit K.1 – Standard Terms and Conditions
• Exhibit K.2 – Standard Certifications
• Exhibit K.3 – Financial Disclosure and Conflicts of Interest
• Exhibit K.4 – Disclosure of Business with Iran
• Exhibit K.5 – Taxpayer Identification Number
These Illinois State Requirements (Exhibit K.1 – Exhibit K.5) will constitute a part of the SFA (IPA) REC Contract. A redline comparison showing incremental changes between the Second Draft SFA (Utility) REC Contract and the Draft SFA (IPA) REC Contract is available on the ILSFA program website.
An Approved Vendor does not get to elect which of the contract forms to execute and must be willing to execute both contract forms once finalized. The procedure for determining which contract is used for a particular Product Order is described in Sections 8.4.2 and 8.4.5 of the Long-Term Renewable Resources Procurement Plan.
The ILSFA Program Administrator invites interested parties to submit their comments on each of (a) the Second Draft SFA (Utility) REC Contract and (b) the Draft SFA (IPA) REC Contract. All comments received in accordance with the process outlined below will be reviewed by representatives from the Illinois Power Agency (“IPA”), the ILSFA Program Administrator (Elevate Energy), AIC, ComEd, MEC, Staff of the Illinois Commerce Commission, and the IPA’s Procurement Administrator (NERA Economic Consulting). The timeline and process for interested parties to provide comments is as follows:
• Please submit your comments on the Second Draft SFA (Utility) REC Contract and the Draft SFA (IPA) REC Contract by e-mail to the Program Administrator at: comments@illinoisSFA.com
• Please provide telephone and e-mail contact information in the event that the Program Administrator seeks clarification regarding your comments.
• Each of your comments must be clearly indicated with tracked changes in Microsoft Word. We strongly encourage you to provide explanatory notes either in a separate document or highlighted in tracked changes.
The deadline to provide comments is 5 PM Central Prevailing Time (“CPT”) on Friday, May 3, 2019.
Written comments submitted to the Program Administrator according to the process above and submitted prior to the deadline will be posted to the illinoisSFA.com website and made publicly available. To ensure that any competitively sensitive comments, information, or perspectives are not revealed through comments on the draft contract, the Program Administrator will redact the name of the submitter and may, but is under no obligation to, redact additional information that may otherwise identify the submitter. Besides contact information, all submitters are encouraged to refrain from including information that would otherwise identify the submitter such as summary information about their experience.
Please direct all questions to the Program Administrator at: comments@illinoisSFA.com