As part of a collective effort to address the problem of pollution from traditional sources of energy generation, such as coal- or oil-burning power plants, the states of Connecticut, Massachusetts, and Rhode Island have joined forces to offer a solution. These three states have jointly issued a request for proposals (RFP) for large-scale clean energy and transmission projects. These Procuring States, as they are defined in the RFP, have authorized this solicitation based on certain Procurement Statutes which each state has passed.
Under the RFP, clean energy must come from one of three sources, each with a minimum nameplate rating of 20 megawatts: generating units which are qualified to produce the highest Class or Tier of renewable energy credits (RECs) pursuant to the applicable statutes of at least one of the Procuring States; generating units which are qualified in the same way but which are located outside of New England; or a hydropower resource that meets the requirements of at least one of the Procuring States. Other qualifications include that the energy can come from newly constructed generation units, upgrades to existing units, an increase in capacity factor or dispatch ability of an existing unit, and/or an increase in imports into New England.
There are three bid categories: Qualified Clean Energy and/or RECs via PPA; Qualified Clean Energy and/or RECs via PPA with a Transmission Project under FERC Tariff; and Qualified Clean Energy via Transmission Project under a Performance-Based Tariff Containing a Qualified Clean Energy Delivery Commitment; No PPA.
A bidder conference was held on December 3, 2015. The deadline for submitting written questions is December 29, 2015, and the deadline for submitting proposals is January 28, 2016. Selection of bidders will commence in late March 2016, followed by the contract execution period, with final regulatory approval expected in late 2016.
This detailed and elaborate RFP is ninety-two pages long and involves statutes, regulations, and bidding requirements from three states. Due to the complexity of the RFP and the underlying Procurement Statutes, bidders would be well-served to consult with experienced professionals who can help them navigate this complicated landscape.
Matthew L. Stone is an attorney with Pullman & Comley, LLC in the Regulatory, Energy and Telecommunications Department and the Environmental Law and Litigation Department. Copyright 2015 Pullman & Comley, LLC. All Rights Reserved.Back to Top