Master SSO Supply Agreement

AGR 00001

Question: Can you please provide a Word version of the Guaranty so that we can provide a red-lined copy?

Answer: The Word version of the Form of Guaranty has been posted on the Supplier Documents page of the Information Website. 

AGR 00004

Question: Have the seasonal billing factors been set for the delivery period beginning June 1, 2016 and if so what are they?

Answer: The seasonal billing factors have been determined in Case No. 14-1297-EL-SSO. The summer factor is 1.1151 and the non-summer factor is 0.9613. These values will be in effect through May 31, 2024.

AGR 00005

Question: According to the Master SSO Supply Agreement, the SSO load excludes "PIPP" customers. Can you provide details of the PIPP program and the rules for customers switching from SSO to PIPP and back?

Answer: Percentage of Income Payment Plan (PIPP) is an extended payment arrangement that requires regulated gas and electric companies to accept payments based on a percentage of the household income. As a part of the Universal Service Fund program enabled by Ohio Substitute Senate Bill 3, the Ohio Development Services Agency will administer the PIPP for electricity customers. Please see the following link for further details:

Customers who remain eligible for PIPP based on their income verification generally will not leave the PIPP program. If/when a customer would leave the PIPP program, they would be able to become an SSO customer or shop with a Competitive Retail Electric Service (CRES) supplier.

AGR 00010

Question: Was the Master SSO Supply Agreement for the October 2010 CBP auction aggregated with prior Supply Agreements with the Ohio Utilities?

Answer: Any prior supply agreements with the FirstEnergy Ohio Utilities are separate agreements from the Master SSO Supply Agreement in the CBP auctions starting in October 2010 and the subsequent CBP auctions.

AGR 00011

Question: Who is the SSO Supplier's counterparty to the Master SSO Supply Agreement and is there a single contract or three?

Answer: The SSO Supplier's counterparty to the Master SSO Supply Agreement is the FirstEnergy Ohio Utilities. There is one contract.

AGR 00012

Question: Can a bidder participate and win tranches in an auction and then assign the tranches to another affiliate of the same company?

Answer: A bidder may participate and win tranches in the CBP auction and assign those tranches to a company subject to the terms and conditions of the Master SSO Supply Agreement and FEOU consent to the assignment. Please also note, pursuant to the Commission's Opinion and Order in Case No. 10-388-EL-SSO, no bidder may obtain tranches through a post-auction assignment if such assignment, when added to the tranches won during the auction, would cause the bidder to exceed the load cap.

AGR 00015

Question: How is the first sentence of Section 10.3 of the Master SSO Supply Agreement reconcilable with the first two sentences of Section 13.12 of the Agreement? Do the Parties have the right to seek that FERC or the PUCO change any rates or terms in the Master SSO Supply Agreement?

Answer: There is no connection between the two sections.  Section 10.3 clarifies that Section 10.2 does not foreclose a signatory's ability to seek to have a dispute resolved before the PUCO or FERC, rather than a court. Section 13.12 clarifies that changes made by PJM will be adopted automatically for purposes of this agreement, and the parties will cooperate to reflect those changes in the agreement.

AGR 00017

Question: Are each of The Cleveland Electric Illuminating Company, The Toledo Edison Company, and Ohio Edison Company (hereafter each referred to as an “EDC”) able to separately exercise rights and remedies under the Master SSO Supply Agreement or are they able to exercise rights and remedies only collectively as the Companies? For example, is there any danger to an SSO Supplier that a particular EDC will issue an instruction (e.g., regarding margin calls) or make a declaration (e.g., regarding an Event of Default) that is contrary to another EDC under the Master SSO Supply Agreement or make contrary determinations regarding an SSO Supplier’s creditworthiness for purposes of Article 6 of the Master SSO Supply Agreement?

Answer: It would not be expected that the electric distribution utilities under the Master SSO Supply Agreement would render conflicting decisions.  Also note that another FAQ states that, "The SSO Supplier's counterparty to the Master SSO Supply Agreement is the FirstEnergy Ohio Utilities. There is one contract." 

AGR 00018

Question: Are each of The Cleveland Electric Illuminating Company, The Toledo Edison Company, and Ohio Edison Company jointly and severally liable or collectively liable for obligations of the “Companies” under the Master SSO Supply Agreement? If not, please explain what their respective and collective liability is thereunder. Is an SSO Supplier entitled to exercise rights and remedies (e.g., termination) against the Companies collectively, for example in the event that any particular Electricity Distribution Company (EDC) defaults and a consequent Event of Default occurs under the Master SSO Supply Agreement?

Answer: It is the Companies' position that the Companies under the Master SSO Supply Agreement are severally, but not jointly, liable.  Each Company would be responsible for its proportionate share of liability.

AGR 00019

Question: Please confirm that a specified single point of contact will speak for the Companies collectively with respect to notices (other than those required under Article 6) and that a specified single point of contact will speak for the Companies collectively with respect to notices required under Article 6.

Answer: Please see Article 13.1 of the Master SSO Supply Agreement which provides for notifications to the Company.

AGR 00024

Question: Do the FirstEnergy Ohio Utilities have an overarching parent guaranty from FirstEnergy Corp.?

Answer: No, the FirstEnergy Ohio Utilities do not have an overarching parent guaranty from FirstEnergy Corp.

AGR 00026

Question: PJM may propose changes to capacity market rules: This performance risk premium could increase capacity prices and/or capacity-related costs for the 2015/16 Planning Year and beyond. Will winning bidders in the Auction (suppliers) be responsible for this potential change?

Answer: The Master SSO Supply Agreement requires the SSO Supplier to purchase capacity from PJM. Thus, to the extent that any such charges affect the price of capacity as charged by PJM, the SSO Supplier would be responsible. Additionally, Section 2.4 specifies that "Each SSO Supplier is responsible, at its sole cost and expense, for any changes in PJM products and pricing during the Term.” For more information on the PJM charges and how they are assigned, please refer to Article 2 and Appendix G in the Master SSO Supply Agreement available on the Information Website.

AGR 00027

Question: As this is a sale for resale, is there a risk that the FirstEnergy Ohio Utilities withhold payment to the SSO supplier in the event of SSO customer non-payment or dispute?

Answer: No.  There is no risk that payments to SSO suppliers are withheld in the event of SSO customer non-payment.

AGR 00028

Question: It is our understanding that on June 1, 2015, PJM will use the residual metered load LMP instead of the physical zone LMP for pricing real-time load. The Master SSO Supply Agreement currently defines the delivery point as “FE Ohio Aggregate”. With the implementation of residual pricing, will the SSO Supplier’s obligation change to the FEOHIO_RESID_AGG or will it remain the current physical FE Ohio Aggregate? For existing contracts, will the SSO Supplier’s price be adjusted to reflect the change in the Delivery Point?

Answer: “FE Ohio Aggregate” will be retired on June 1, 2015 and will not be available on and after that date for use due to the implementation of PJM’s residual zonal pricing. The new point going forward will be “FEOHIO_RESID_AGG” and this point represents the same physical load as “FE Ohio Aggregate”. All Inschedules of current auction winners serving SSO Load over the 2015/16 delivery period shall be cancelled by PJM and new Inschedules will be created to the new delivery point of “FEOHIO_RESID_AGG”. New auction winners from the January 27, 2015 auction and forward will schedule load to “FEOHIO_RESID_AGG”.

AGR 00029

Question: The Master SSO Supply Agreement states that the Delivery Point is the “FE Ohio Aggregate”. Can you please confirm that this is the FE Ohio Residual Aggregate and the corresponding Pnode ID is 1258625176?

Answer: As defined in the Master SSO Supply Agreement: FE Ohio Aggregate means that set of electrical locations determined pursuant to the applicable PJM Tariff, rules, agreements and procedures, representing the aggregate area of consumption for the Companies within PJM and used for the purposes of scheduling, reporting withdrawal volumes, and settling Energy transactions at aggregated load levels, to facilitate Energy market transactions.

Since June 1st, 2015, the Delivery Point PJM name for FE Ohio Aggregate has been FEOHIO_RESID_AGG, PNODE ID 1258625176. PJM at any time can change that specific PJM name creating a successor, superseding or amended name or location.

AGR 00031

Question: The Information Session stated that SSO Customers excludes PIPP Customers; however the Master SSO Supply Agreement does not reflect this. The redline to the Master SSO Supply Agreement shows that the carve of PIPP customers from SSO Service was removed in the current version of the Supply Agreement. Can you please confirm that PIPP customers are excluded from this procurement and will the Supply Agreement be updated to reflect this?

Answer: PIPP customers will be excluded from the procurements in April 2016 and forward per Public Utilities Commission of Ohio order in Case No. 16-247-EL-UNC. This order states that "each electric utility shall notify SSO auction participants for its next SSO auction that the PIPP load will be removed from the auction product and will be procured pursuant to this competitive RFP auction process." Further, the order states that the RFP process to serve the PIPP customers load is only open to CRES suppliers. Therefore, the Master SSO Supply Agreement will not be updated as it states that "SSO Service means Standard Service Offer service that is not provided by a CRES Supplier" and, in accordance with the aforementioned PUCO Order, PIPP load must be served by a CRES supplier.

AGR 00032

Question: Since an SSO Supplier is only getting one payment each month. What is the name of the company whose bank account makes payments each month to an SSO Supplier?

Answer: All payments to SSO Suppliers are made from the FirstEnergy Service Company bank account.

AGR 00033

Question: The SMA has no reference to PJM BLI 2215 (Balancing Transmission Congestion Credits), which started in June 2017. Will this line item be the responsibility of the supplier or the EDC?

Answer:  PJM billing line item (BLI) 2215 (Balancing Transmission Congestion) is the responsibility of the supplier.

AGR 00034

Question: For an Applicant that has Guarantor that has not been incorporated under the laws of the United States, could you please clarify the timing of the submission of the required legal opinion?

Answer: The legal opinion is submitted with the Part 1 application for review and determination of acceptance by FEOU.  After review and acceptance by FEOU, execution is only required if that supplier is a winning bidder.

FAQs Disclaimer

The information presented and distributed in the Frequently Asked Questions (FAQs) may be subject to modifications and/or amendments and is provided for informational purposes only. The information provided in the CBP, or on the CBP Information Website, has been prepared to assist bidders in evaluating the CBP. It does not purport to contain all the information that may be relevant to a bidder in satisfying its due diligence efforts. Neither FirstEnergy Corp., the FirstEnergy Ohio Utilities nor the CBP Manager make any representation or warranty, expressed or implied, as to the accuracy or completeness of the information, and shall not, either individually or as a corporation, be liable for any representation expressed or implied in the CBP or any omissions from the CBP, or any information provided to a bidder by any other source. A bidder should check the CBP Information Website frequently to ensure it has the latest documentation and information. Neither the FirstEnergy Ohio Utilities, nor the CBP Manager, nor any of their representatives, shall be liable to a bidder or any of its representatives for any consequences relating to or arising from the bidder’s use of outdated information. The information is not intended to form any part of the basis of any investment decision, valuation or any bid that may be submitted during the CBP process. Each recipient should not rely solely on this information and should make its own independent assessment of the potential value to supply the FirstEnergy Ohio Utilities' load after making all investigations it deems necessary.

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