Common use of Conclusions and Recommendations Clause in Contracts

Conclusions and Recommendations. For the reasons stated herein, Merrimack Energy concludes that the shortlisting decisions by PG&E in the 2007 RPS RFO were reasonable and based on the requirements and evaluation criteria set forth in the Solicitation Protocol. The selection of the shortlist was very inclusive and erred on the side of including more offers in what was a very ample shortlist relative to the procurement target. In the Shortlist Report, Merrimack Energy recommended a number of changes to the RPS procurement process, several of which were adopted by PG&E in the 2008 RPS RFO. Despite recommending certain changes, our assessment is that the PG&E evaluation methodology was appropriate and that it was administered fairly and reasonably. Consistent with suggestions we had made in and after the Shortlist Report, PG&E developed a negotiation prioritization strategy with shortlisted bidders that created an active group of negotiations based on price and viability factors. The Mojave Solar bid was consistently placed in the secondary group and although its proposal changed over time from the proposal initially shortlisted, it remained in the secondary group during the course of contract negotiations. While the project sponsor is a very viable and experienced developer of solar thermal projects and is capable of developing the project effectively, there are concerns associated with the timing of the project that adds risk to the ultimate success of the project. PG&E has done an effective job in managing these risks through contract provisions in both the original contract and the amended and restated agreement. The details of the PPA and the amended and restated agreement are addressed in the confidential appendix to this report. The positive attributes of the project should be balanced against the negative attributes in assessing whether or not the amended and restated agreement should be approved. PG&E Gas and Electric Advice Filing List General Order 96-B, Section IV AT&T Department of Water Resources North Coast SolarResources Xxxxxxxx & Xxxx LLP Dept of General Services Northern California Power Association Ameresco Xxxxxxxx & Xxxxxxx Occidental Energy Marketing, Inc. Xxxxxxxx & Xxxxx Xxxxxx & Brand OnGrid Solar Arizona Public Service Company Duke Energy Praxair BART Economic Sciences Corporation X. X. Xxxx & Associates Xxxxxxxxx & Xxx, Inc. Xxxxxxx Xxxxxxxxx & Xxxxxx LLP RCS, Inc. Xxxxxx Xxxxx Associates Xxxxxx Farms Recurrent Energy Bloomberg G. A. Xxxxxx & Assoc. SCD Energy Solutions Bloomberg New Energy Finance GLJ Publications SCE Boston Properties GenOn Energy, Inc. SMUD Xxxxx Xxxxxxxx XxXxxxxxxx, P.C. Goodin, MacBride, Xxxxxx, Xxxxxxx & Xxxxxxx XXXXX Brookfield Renewable Power Green Power Institute San Francisco Public Utilities Commission CA Bldg Industry Association Xxxxx & Xxxxxx Seattle City Light CLECA Law Office Hitachi Sempra Utilities CSC Energy Services In House Energy Sierra Pacific Power Company California Cotton Ginners & Growers Assn International Power Technology Silicon Valley Power California Energy Commission Intestate Gas Services, Inc. Silo Energy LLC California League of Food Processors Xxxxxxxx Berkeley National Lab Southern California Edison Company California Public Utilities Commission Los Angeles Dept of Water & Power Spark Energy, L.P. Calpine Xxxx, Xxxxxxx, Xxxxxxxx & Scripps LLP Sun Light & Power Cardinal Cogen MAC Lighting Consulting Sunshine Design Xxxxxx, Xxxxx MBMC, Inc. Xxxxxxxxxx, Xxxxxx & Xxxxxxx Xxxxx, Xxxx MRW & Associates Tabors Caramanis & Associates City of Palo Alto Xxxxxx Xxxxxx Xxxxxxxx Tecogen, Inc. City of Palo Alto Utilities XxXxxxxx & Associates Tiger Natural Gas, Inc. City of San Xxxx Xxxxxx Irrigation District TransCanada Clean Energy Fuels Modesto Irrigation District Turlock Irrigation District Coast Economic Consulting Xxxxxx Xxxxxxx United Cogen Commercial Energy Xxxxxxxx & Xxxxxxxx Utility Cost Management Consumer Federation of California NLine Energy, Inc. Utility Specialists Crossborder Energy NRG West Verizon Xxxxx Xxxxxx Xxxxxxxx LLP Navigant Consulting Wellhead Electric Company Day Xxxxxx Xxxxxx Xxxxxx & Xxxx Associates Western Manufactured Housing Communities Association (WMA)

Appears in 1 contract

Samples: A Purchase Power Agreement

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Conclusions and Recommendations. For the reasons stated herein, Merrimack Energy concludes that the shortlisting decisions by PG&E in the 2007 RPS RFO were reasonable and based on the requirements and evaluation criteria set forth in the Solicitation Protocol. The selection of the shortlist was very inclusive and erred on the side of including more offers in what was a very ample shortlist relative to the procurement target. In the Shortlist Report, Merrimack Energy recommended a number of changes to the RPS procurement process, several of which were adopted by PG&E in the 2008 RPS RFO. Despite recommending certain changes, our assessment is that the PG&E evaluation methodology was appropriate and that it was administered fairly and reasonably. Consistent with suggestions we had made in and after the Shortlist Report, PG&E developed a negotiation prioritization strategy with shortlisted bidders that created an active group of negotiations based on price and viability factors. The Mojave Solar bid was consistently placed in the secondary group and although its proposal changed over time from the proposal initially shortlisted, it remained in the secondary group during the course of contract negotiations. While the project sponsor is a very viable and experienced developer of solar thermal projects and is capable of developing the project effectively, there are concerns associated with the timing of the project that adds risk to the ultimate success of the project. PG&E has done an effective job in managing these risks through contract provisions in both the original contract and the amended and restated agreement. The details of the PPA and the amended and restated agreement are addressed in the confidential appendix to this report. The positive attributes of the project should be balanced against the negative attributes in assessing whether or not the amended and restated agreement should be approved. PG&E Gas and Electric Advice Filing List General Order 96-B, Section IV AT&T Department of Water Resources North Coast SolarResources Xxxxxxxx & Xxxx LLP Dept of General Services Northern California Power Association Ameresco Xxxxxxxx & Xxxxxxx Occidental Energy Marketing, Inc. Xxxxxxxx & Xxxxx Xxxxxx & Brand OnGrid Solar Arizona Public Service Company Duke Energy Praxair BART Economic Sciences Corporation X. X. Xxxx & Associates Xxxxxxxxx & Xxx, Inc. Xxxxxxx Xxxxxxxxx & Xxxxxx LLP RCS, Inc. Xxxxxx Xxxxx Associates Xxxxxx Farms Recurrent Energy Bloomberg G. A. X. X. Xxxxxx & Assoc. SCD Energy Solutions Bloomberg New Energy Finance GLJ Publications SCE Boston Properties GenOn Energy, Inc. SMUD Xxxxx Xxxxxxxx XxXxxxxxxx, P.C. GoodinX.X. Xxxxxx, MacBrideXxxXxxxx, Xxxxxx, Xxxxxxx & Xxxxxxx XXXXX Brookfield Renewable Power Green Power Institute San Francisco Public Utilities Commission CA Bldg Industry Association Xxxxx & Xxxxxx Seattle City Light CLECA Law Office Hitachi Sempra Utilities CSC Energy Services In House Energy Sierra Pacific Power Company California Cotton Ginners & Growers Assn International Power Technology Silicon Valley Power California Energy Commission Intestate Gas Services, Inc. Silo Energy LLC California League of Food Processors Xxxxxxxx Berkeley National Lab Southern California Edison Company California Public Utilities Commission Los Angeles Dept of Water & Power Spark Energy, L.P. Calpine Xxxx, Xxxxxxx, Xxxxxxxx & Scripps LLP Sun Light & Power Cardinal Cogen MAC Lighting Consulting Sunshine Design Xxxxxx, Xxxxx MBMC, Inc. Xxxxxxxxxx, Xxxxxx & Xxxxxxx Xxxxx, Xxxx MRW & Associates Tabors Caramanis & Associates City of Palo Alto Xxxxxx Xxxxxx Xxxxxxxx Tecogen, Inc. City of Palo Alto Utilities XxXxxxxx & Associates Tiger Natural Gas, Inc. City of San Xxxx Xxxxxx Irrigation District TransCanada Clean Energy Fuels Modesto Irrigation District Turlock Irrigation District Coast Economic Consulting Xxxxxx Xxxxxxx United Cogen Commercial Energy Xxxxxxxx & Xxxxxxxx Utility Cost Management Consumer Federation of California NLine Energy, Inc. Utility Specialists Crossborder Energy NRG West Verizon Xxxxx Xxxxxx Xxxxxxxx LLP Navigant Consulting Wellhead Electric Company Day Xxxxxx Xxxxxx Xxxxxx & Xxxx Associates Western Manufactured Housing Communities Association (WMA)

Appears in 1 contract

Samples: A Purchase Power Agreement

Conclusions and Recommendations. For the reasons stated herein, Merrimack Energy concludes that the shortlisting decisions by PG&E in the 2007 RPS RFO were reasonable and based on the requirements and evaluation criteria set forth in the Solicitation Protocol. The selection of the shortlist was very inclusive and erred on the side of including more offers in what was a very ample shortlist relative to the procurement target. In the Shortlist Report, Merrimack Energy recommended a number of changes to the RPS procurement process, several of which were adopted by PG&E in the 2008 RPS RFO. Despite recommending certain changes, our assessment is that the PG&E evaluation methodology was appropriate and that it was administered fairly and reasonably. Consistent with suggestions we had made in and after the Shortlist Report, PG&E developed a negotiation prioritization strategy with shortlisted bidders that created an active group of negotiations based on price and viability factors. The Mojave Solar bid was consistently placed in the secondary group and although its proposal changed over time from the proposal initially shortlisted, it remained in the secondary group during the course of contract negotiations. While the project sponsor is a very viable and experienced developer of solar thermal projects and is capable of developing the project effectively, there are concerns associated with the timing of the project that adds risk to the ultimate success of the project. PG&E has done an effective job in managing these risks through contract provisions in both the original contract and the amended and restated agreement. The details of the PPA and the amended and restated agreement are addressed in the confidential appendix Confidential Appendix to this report. The While the positive attributes of the project should be balanced against the negative attributes in assessing whether or not the amended and restated agreement should be approved, the IE has concerns about project value for the customers. In addition to the high project cost and low market value, the project contains a number of challenges to meet its proposed construction start date primarily associated with transmission interconnection and access. While PG&E has negotiated provisions in the Amended and Restated contract that generally protects the interests of consumers, should the firm interconnection be delayed longer than anticipated, PG&E customers may be exposed to higher RA costs to back-up the project should the cost of capacity in the market exceed the price caps established in the contract. In conclusion, the IE has reservations about the contract based on project value including the levelized net market value calculations relative to project benchmarks from other recent solicitations. PG&E Gas and Electric Advice Filing List General Order 96-B, Section IV AT&T Department of Water Resources North Coast SolarResources Xxxxxxxx & Xxxx LLP Dept of General Services Northern California Power Association Ameresco Xxxxxxxx & Xxxx LLP Xxxxxxxx & Xxxxxxx Occidental Energy Marketing, Inc. Xxxxxxxx & Xxxxx Xxxxxx & Brand OnGrid Solar Xxxxxxxx & Xxxxx Xxxx Energy Praxair Arizona Public Service Company Duke Energy Praxair BART Economic Sciences Corporation X. X. Xxxx & Associates Xxxxxxxxx & Xxx, Inc. XXXX Xxxxxxx Xxxxxxxxx & Xxxxxx LLP RCS, Inc. Xxxxxx Xxxxx Associates Xxxxxxxxx & Xxx, Inc. Xxxxxx Farms Recurrent Energy Bloomberg G. A. Xxxxxx Xxxxx Associates X. X. Xxxxxx & Assoc. SCD Energy Solutions Bloomberg GLJ Publications SCE Bloomberg New Energy Finance GLJ Publications SCE Boston Properties GenOn Energy, Inc. SMUD Xxxxx Xxxxxxxx XxXxxxxxxx, P.C. Boston Properties Goodin, MacBride, Xxxxxx, Xxxxxxx & Xxxxxxx XXXXX Brookfield Renewable Power Xxxxx Xxxxxxxx XxXxxxxxxx, P.C. Green Power Institute San Francisco Public Utilities Commission CA Bldg Industry Association Brookfield Renewable Power Xxxxx & Xxxxxx Seattle City Light CA Bldg Industry Association Hitachi Sempra Utilities CLECA Law Office Hitachi Sempra Utilities CSC Energy Services In House Energy Sierra Pacific Power Company California Cotton Ginners & Growers Assn CSC Energy Services International Power Technology Silicon Valley Power California Energy Commission Cotton Ginners & Growers Assn Intestate Gas Services, Inc. Silo Energy LLC California League of Food Processors Energy Commission Xxxxxxxx Berkeley National Lab Southern California Edison Company California Public Utilities Commission League of Food Processors Los Angeles Dept of Water & Power Spark Energy, L.P. Calpine California Public Utilities Commission Xxxx, XxxxxxxForward, Xxxxxxxx & Scripps LLP Sun Light & Power Cardinal Cogen Calpine MAC Lighting Consulting Sunshine Design Xxxxxx, Xxxxx Cardinal Cogen MBMC, Inc. Xxxxxxxxxx, Xxxxxx & Xxxxxxx XxxxxXxxxxx, Xxxx MRW Xxxxx XXX & Associates Tabors Caramanis & Associates City of Palo Alto Xxxxx, Xxxx Xxxxxx Xxxxxx Xxxxxxxx Tecogen, Inc. City of Palo Alto Utilities XxXxxxxx & Associates Tiger Natural Gas, Inc. City of San Xxxx Xxxxxx Palo Alto Utilities Merced Irrigation District TransCanada Clean Energy Fuels Modesto City of San Xxxx Xxxxxxx Irrigation District Turlock Irrigation District Coast Economic Consulting Clean Energy Fuels Xxxxxx Xxxxxxx United Cogen Commercial Energy Coast Economic Consulting Xxxxxxxx & Xxxxxxxx Utility Cost Management Consumer Federation of California Commercial Energy NLine Energy, Inc. Utility Specialists Crossborder Energy Consumer Federation of California NRG West Verizon Crossborder Energy NaturEner Wellhead Electric Company Xxxxx Xxxxxx Xxxxxxxx LLP Navigant Consulting Wellhead Electric Company Western Manufactured Housing Communities Association (WMA) Day Xxxxxx Xxxxxx Xxxxxx & Xxxx Associates Western Manufactured Housing Communities Association (WMA)eMeter Corporation Defense Energy Support Center North America Power Partners

Appears in 1 contract

Samples: www.pge.com

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Conclusions and Recommendations. For the reasons stated herein, Merrimack Energy concludes that the shortlisting decisions by PG&E in the 2007 RPS RFO were reasonable and based on the requirements and evaluation criteria set forth in the Solicitation Protocol. The selection of the shortlist was very inclusive and erred on the side of including more offers in what was a very ample shortlist relative to the procurement target. In the Shortlist Report, Merrimack Energy recommended a number of changes to the RPS procurement process, several of which were adopted by PG&E in the 2008 RPS RFO. Despite recommending certain changes, our assessment is that the PG&E evaluation methodology was appropriate and that it was administered fairly and reasonably. Consistent with suggestions we had made in and after the Shortlist Report, PG&E developed a negotiation prioritization strategy with shortlisted bidders that created an active group of negotiations based on price and viability factors. The Mojave Solar bid was consistently placed in the secondary group and although its proposal changed over time from the proposal initially shortlisted, it remained in the secondary group during the course of contract negotiations. While the project sponsor is a very viable and experienced developer of solar thermal projects and is capable of developing the project effectively, there are concerns associated with the timing of the project that adds risk to the ultimate success of the project. PG&E has done an effective job in managing these risks through contract provisions in both the original contract and the amended and restated agreement. The details of the PPA and the amended and restated agreement are addressed in the confidential appendix Confidential Appendix to this report. The While the positive attributes of the project should be balanced against the negative attributes in assessing whether or not the amended and restated agreement should be approved, the IE has concerns about project value for the customers. In addition to the high project cost and low market value, the project contains a number of challenges to meet its proposed construction start date primarily associated with transmission interconnection and access. While PG&E has negotiated provisions in the Amended and Restated contract that generally protects the interests of consumers, should the firm interconnection be delayed longer than anticipated, PG&E customers may be exposed to higher RA costs to back-up the project should the cost of capacity in the market exceed the price caps established in the contract. In conclusion, the IE has reservations about the contract based on project value including the levelized net market value calculations relative to project benchmarks from other recent solicitations. PG&E Gas and Electric Advice Filing List General Order 96-B, Section IV AT&T Department of Water Resources North Coast SolarResources Xxxxxxxx & Xxxx LLP Dept of General Services Northern California Power Association Ameresco Xxxxxxxx & Xxxx LLP Xxxxxxxx & Xxxxxxx Occidental Energy Marketing, Inc. Xxxxxxxx & Xxxxx Xxxxxx Ameresco Downey & Brand OnGrid Solar Xxxxxxxx & Xxxxx Xxxx Energy Praxair Arizona Public Service Company Duke Energy Praxair BART Economic Sciences Corporation X. X. Xxxx & Associates Xxxxxxxxx & Xxx, Inc. XXXX Xxxxxxx Xxxxxxxxx & Xxxxxx LLP RCS, Inc. Xxxxxx Xxxxx Associates Xxxxxxxxx & Xxx, Inc. Xxxxxx Farms Recurrent Energy Bloomberg Xxxxxx Xxxxx Associates G. A. Xxxxxx & Assoc. SCD Energy Solutions Bloomberg GLJ Publications SCE Bloomberg New Energy Finance GLJ Publications SCE Boston Properties GenOn Energy, Inc. SMUD Xxxxx Xxxxxxxx XxXxxxxxxx, P.C. Boston Properties Goodin, MacBride, Xxxxxx, Xxxxxxx & Xxxxxxx XXXXX Brookfield Renewable Power Xxxxx Xxxxxxxx XxXxxxxxxx, P.C. Green Power Institute San Francisco Public Utilities Commission CA Bldg Industry Association Brookfield Renewable Power Xxxxx & Xxxxxx Seattle City Light CA Bldg Industry Association Hitachi Sempra Utilities CLECA Law Office Hitachi Sempra Utilities CSC Energy Services In House Energy Sierra Pacific Power Company California Cotton Ginners & Growers Assn CSC Energy Services International Power Technology Silicon Valley Power California Energy Commission Cotton Ginners & Growers Assn Intestate Gas Services, Inc. Silo Energy LLC California League of Food Processors Energy Commission Xxxxxxxx Berkeley National Lab Southern California Edison Company California Public Utilities Commission League of Food Processors Los Angeles Dept of Water & Power Spark Energy, L.P. Calpine California Public Utilities Commission Xxxx, XxxxxxxForward, Xxxxxxxx & Scripps LLP Sun Light & Power Cardinal Cogen Calpine MAC Lighting Consulting Sunshine Design Xxxxxx, Xxxxx Cardinal Cogen MBMC, Inc. Xxxxxxxxxx, Xxxxxx & Xxxxxxx XxxxxXxxxxx, Xxxx MRW Xxxxx XXX & Associates Tabors Caramanis & Associates City of Palo Alto Xxxxx, Xxxx Xxxxxx Xxxxxx Xxxxxxxx Tecogen, Inc. City of Palo Alto Utilities XxXxxxxx & Associates Tiger Natural Gas, Inc. City of San Xxxx Xxxxxx Palo Alto Utilities Merced Irrigation District TransCanada Clean Energy Fuels Modesto City of San Xxxx Xxxxxxx Irrigation District Turlock Irrigation District Coast Economic Consulting Clean Energy Fuels Xxxxxx Xxxxxxx United Cogen Commercial Energy Coast Economic Consulting Xxxxxxxx & Xxxxxxxx Utility Cost Management Consumer Federation of California Commercial Energy NLine Energy, Inc. Utility Specialists Crossborder Energy Consumer Federation of California NRG West Verizon Crossborder Energy NaturEner Wellhead Electric Company Xxxxx Xxxxxx Xxxxxxxx LLP Navigant Consulting Wellhead Electric Company Western Manufactured Housing Communities Association (WMA) Day Xxxxxx Xxxxxx Xxxxxx & Xxxx Associates Western Manufactured Housing Communities Association (WMA)eMeter Corporation Defense Energy Support Center North America Power Partners

Appears in 1 contract

Samples: www.pge.com

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