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. 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 Dept of General Services Northern California Power Association Xxxxxxxx & Xxxx LLP Xxxxxxxx & Xxxxxxx Occidental Energy Marketing, Inc. Xxxxxxxx Xxxxxx & Brand OnGrid Solar Xxxxxxxx & Xxxxx Xxxx Energy Praxair Arizona Public Service Company Economic Sciences Corporation X. X. Xxxx & Associates XXXX Xxxxxxx Xxxxxxxxx & Xxxxxx LLP RCS, Inc. Xxxxxxxxx & Xxx, Inc. Xxxxxx Farms Recurrent Energy Xxxxxx Xxxxx Associates X. X. Xxxxxx & Assoc. SCD Energy Solutions Bloomberg GLJ Publications SCE Bloomberg New Energy Finance GenOn Energy, Inc. SMUD Boston Properties Goodin, MacBride, Xxxxxx, Xxxxxxx & Xxxxxxx XXXXX Xxxxx Xxxxxxxx XxXxxxxxxx, P.C. Green Power Institute San Francisco Public Utilities Commission Brookfield Renewable Power Xxxxx & Xxxxxx Seattle City Light CA Bldg Industry Association Hitachi Sempra Utilities CLECA Law Office In House Energy Sierra Pacific Power Company CSC Energy Services International Power Technology Silicon Valley Power California Cotton Ginners & Growers Assn Intestate Gas Services, Inc. Silo Energy LLC California Energy Commission Xxxxxxxx Berkeley National Lab Southern California Edison Company California League of Food Processors Los Angeles Dept of Water & Power Spark Energy, L.P. California Public Utilities Commission Xxxx, Forward, Xxxxxxxx & Scripps LLP Sun Light & Power Calpine MAC Lighting Consulting Sunshine Design Cardinal Cogen MBMC, Inc. Xxxxxxxxxx, Xxxxxx & Xxxxxxx Xxxxxx, Xxxxx XXX & Associates Tabors Caramanis & Associates Xxxxx, Xxxx Xxxxxx Xxxxxx Xxxxxxxx Tecogen, Inc. City of Palo Alto XxXxxxxx & Associates Tiger Natural Gas, Inc. City of Palo Alto Utilities Merced Irrigation District TransCanada City of San Xxxx Xxxxxxx Irrigation District Turlock Irrigation District Clean Energy Fuels Xxxxxx Xxxxxxx United Cogen Coast Economic Consulting Xxxxxxxx & Xxxxxxxx Utility Cost Management Commercial Energy NLine Energy, Inc. Utility Specialists Consumer Federation of California NRG West Verizon Crossborder Energy NaturEner Wellhead Electric Company Xxxxx Xxxxxx Xxxxxxxx LLP Navigant Consulting Western Manufactured Housing Communities Association (WMA) Day Xxxxxx Xxxxxx Xxxxxx & Xxxx Associates eMeter Corporation Defense Energy Support Center North America Power Partners
Conclusion and Recommendations D. Evaluations for Offenders without a sex offense conviction shall answer the following additional referral questions in the evaluations:
JOINT SETTLEMENT RECOMMENDATION 2. Staff conducted an investigation of the Respondent’s activities. The investigation disclosed that the Respondent had engaged in activity for which the Respondent could be penalized on the exercise of the discretion of the Hearing Panel pursuant to s. 24.1 of By-law No. 1.
Organization, Standing and Power Each of the Company and each of the Company’s Subsidiaries (the “Company Subsidiaries”) is duly organized, validly existing and in good standing under the Laws of the jurisdiction in which it is organized (in the case of good standing, to the extent such jurisdiction recognizes such concept), except, in the case of the Company Subsidiaries, where the failure to be so organized, existing or in good standing, individually or in the aggregate, has not had and would not reasonably be expected to have a Company Material Adverse Effect. Each of the Company and the Company Subsidiaries has all requisite corporate or similar power and authority and possesses all Permits necessary to enable it to own, lease, operate or otherwise hold its properties and assets and to conduct its businesses as presently conducted (the “Company Permits”), except where the failure to have such power or authority or to possess the Company Permits, individually or in the aggregate, has not had and would not reasonably be expected to have a Company Material Adverse Effect. Each of the Company and the Company Subsidiaries is duly qualified or licensed to do business in each jurisdiction where the nature of its business or the ownership, operation or leasing of its properties and assets makes such qualification necessary, other than in such jurisdictions where the failure to be so qualified or licensed, individually or in the aggregate, has not had and would not reasonably be expected to have a Company Material Adverse Effect. The Company has made available to Parent, prior to execution of this Agreement, true and complete copies of the Amended and Restated Articles of Incorporation of the Company in effect as of the date of this Agreement, together with all amendments thereto in effect as of the date of this Agreement (the “Company Articles”), and the Amended and Restated Regulations of the Company in effect as of the date of this Agreement, together with all amendments thereto in effect as of the date of this Agreement (the “Company Regulations”). Each of the Company Articles and the Company Regulations were duly adopted and is in full force and effect as of the date of this Agreement. Neither the Company nor any Company Subsidiary is in violation in any material respect of any provision of such documents.
VACANCIES AND NEW POSITIONS 17.01 The Gallery shall post notice of permanent and temporary job vacancies subject to Article 4 – Temporary Full-Time Employees for a period of seven (7) calendar days before any such job is filled. Probationary employees shall not be entitled to apply for posted vacancies. It is agreed that the Gallery will not interview external applicants until applications from existing employees have been reviewed and bargaining unit employees who are qualified in the opinion of the Gallery have been interviewed. Further, the Gallery will notify existing applicants in writing once the successful application is selected.