Corrections and modifications to ESA subsequent to posting
(We’ll record anything found here and these will be incorporated into the final document)
Click here for redline which includes changes noted below
1.36 Clarification: There was a question about how to interpret “Majority” in this clause and what examples we might have where the impact was less than an entire rate class.
While we are not able to cite an actual historical example, we can imagine a case where low income customers were exempted from some assessment that otherwise was applied to the rest of the rate class. The word should anyway be interpreted in its dictionary sense.
Clause 1.36, 1.37: Modified the definition to clarify that the contract treatment of either type of regulatory event would apply to events occurring any time after the bid. This because there is some indication that the State will postpone/relax the RPS increase already in October. It’s assumed that bids include the RPS as currently stated, but if this change does come, there should be a rate adjustment accordingly as a Qualifying Regulatory Event that decreases Supplier’s cost.
Clause 1.36: Added as exceptional case additional Qualifying Reg. Event – increase in Purchase of Receivables charge by Con Edison.
Clause 4.2 c: Deleted – treatment of Regulatory Event is covered in 17.1
Clause 5.5: Deleted 2nd para re recovering savings from capacity tag reductions that might result from SW initiatives. We still very much want to get there, but lack of detail here had some a little anxious. We expect Suppliers to work with us to realize this if we get to that point, and welcome proactive engagement.
Clause 5.7: Annual mailing obligation added.
“Competitive Supplier shall, at its expense, print and mail one letter or postcard per year to all active Participating Consumers, the design of which shall be determined by the Municipality or Program Manager.”
Clause 17.2: Modified to provide for the case where a Qualifying Regulatory Event results in a decrease in cost which should be refunded.