NEGOTIATIONS BET WEEN PG& E AND STERL ING PL ANET. Some of the issues addressed in the negotiation included: Delivery term and volumes. ' ' • Price' ' • ' ' Calculation of termination payment, and seller failure to deliver. • ' ' ' ' ' ' ' ' '' ' ' • Specificity of projects that produce RECs. In the version of the Form Agreement originally presented to Sterling Planet, the specific generating project or projects that will provide the RECs that are delivered under the contract are listed in an appendix of approved facilities. The specific project (or projects) is required to be certified and qualified as an eligible renewable resource, and the seller is prohibited from procuring the RECs from any other facility or facilities. ' ' ' ' ' ' The final version of the agreement includes a list of ' The contract and Appendix III allows the seller to deliver product from these or any other eligible renewable resources, as long as deliveries meet the contract’s requirements for product. • Verification of REC certification. PG&E’s Form Agreement has text requiring the seller to obtain CEC certification of the specific project(s) as an eligible renewable resource and to verify the certification. The parties agreed to new language that places the obligation on the seller to provide documentation upon PG&E’s request that the projects generating the RECs are in fact eligible renewable resources. This language seems to Xxxxxx to be somewhat stronger than that in the Form Agreement and more appropriate to this situation in which the contract does not specify what projects will provide the RECs. Refunds in event of seller default. • This term improves ratepayer protections compared to the Form Agreement. ' Access to financial information'' ' ' •
