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 X. X. Xxxxxx & Assoc. SCD Energy Solutions Bloomberg New Energy Finance GLJ Publications SCE Boston Properties GenOn Energy, Inc. SMUD Xxxxx Xxxxxxxx XxXxxxxxxx, X.X. Xxxxxx, XxxXxxxx, 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)
Waiver of FOIA Request The defendant waives all of his rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case including, without limitation, any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a.
Time Limit for Filing The parties may mutually agree in writing to extend any of the time limits set forth in this Agreement.
Release Time for Negotiations CSEA shall have the right to designate a maximum of six (6) employees, who shall be given reasonable release time to participate in negotiations.
WAIVER OF NEGOTIATIONS The Board and Union acknowledge that during negotiations resulting in this Agreement, each party had the right and opportunity to make demands and proposals with respect to any matter and that this Agreement was arrived at by the parties after the exercise of that right and opportunity. The Board and the Union shall voluntarily waive, during the life of this Agreement said rights and each agrees that the other shall not be obligated to negotiate with respect to any subject or matter irrespective of whether such matters or subject is specifically referred to or covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time negotiations were being conducted or at the time the party signed this Agreement.
Right to Receive and Release Needed Information Certain facts are needed to apply these COB rules. The Plan has the right to de cide which facts it needs. It may get needed facts from or give them to any other organization or person. The Plan need not tell, or get the consent of, any person to do this. Each person claiming benefits under this Benefit Program must give the Plan any facts it needs to pay the Claim. FACILITY OF PAYMENT A payment made under another Benefit Program may include an amount that should have been paid under this Benefit Program. If it does, the Plan may pay that amount to the organization that made the payment under the other Benefit Program. That amount will then be treated as though it were a benefit paid under this Benefit Program. The Plan will not have to pay that amount again. The term “payment made” includes providing benefits in the form of services, in which case “payment made” means reasonable cash value of the benefits provided in the form of services. RIGHT OF RECOVERY If the amount of payments made by the Plan is more than it should have paid un der this COB provision, it may recover the excess from one or more of:
